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FY2014-20 Lease Agreement With City Of Kodiak For Compost B At The Landfill Tract Plat 96-31 Including AmendmentN6 tY-z lo, LICENSE AGREEMENT FOR USE OF KODIAK ISLAND BOROUGH PROPERTY THIS LICENSE AGREEMENT, effective the 15a' day of November, 2013, is made and entered into by and between the Kodiak Island Borough, a municipal corporation, organized and existing under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Alaska 99615-6340, hereinafter referred to as "Borough" and the City of Kodiak, whose address is 722 Mill Bay Road 99615-6340, hereinafter referred to as "Licensee"; 1. Premises. Borough hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereinafter stated, a portion of the following -described premises. Kodiak Island Borough Landfill Tract according to Plat 46-31, recorded in the records of the Kodiak Recording District, Third Judicial District, State of Alaska. The premises is further described as up to 27,720 square feet any one time on top of the landfill within the active footprint, which is shown on the air photo attached hereto as Exhibit A 2. Purpose The purpose of this license agreement is to allow the Licensee use of the above described land to store biosolids for processing into Class B compost. 3. se. The premises may be occupied and used by Licensee and its contractor solely for the purpose stated in Section 2. Licensee has contracted with Quayanna Development Corporation for transportation and handling of the biosolids, as well as processing of the biosolids into Class B compost in compliance with regulations issued by the Alaska Department of Environmental Conservation (ADEC). Licensee shall not use or permit the premises or any part thereof to be used for any purpose in violation of any borough, state, federal or other governmental law, ordinance, rule or regulation. All compost produced will be used on the landfill property in compliance with ADEC guidelines. Licensee will not amend its agreement with its contractor, or replace its contractor with another contractor, without providing twenty (20) days' notice to the Borough and allowing the Borough to voice any objections or concerns. All work by Licensee or its contractor shall be conducted in a manner that will not unreasonably interfere with the Borough's landfill operations. Licensee will comply with all reasonable requests from the Borough Solid Waste Supervisor, or other person designated by the Borough Manager. 4. Term. The term of this License Agreement shall begin on November 15, 2013 and continue until November 15, 2015 unless earlier terminated. The License Agreement can be extended for up to one year by mutual agreement of the parties. The use of the land granted to Licensee is temporary. 5. Consideration. In consideration for this license, Licensee shall pay to the Borough $462.00 per month, prorated for each partial month. Payment is due and payable upon execution of this License Agreement and thereafter on the first of each calendar month. In addition, Licensee shall comply with all covenants and obligations herein described, which remain in effect for the term of this License Agreement. Licensee shall keep its operations safe and in good order. Licensee is responsible for any hazardous materials handling and disposal directly related to the operation, as well as any environmental cleanup and remediation resulting from the operation. 6. Insurance. Licensee shall maintain for composting related operations on the Landfill Tract, for itself and any contractors, (a) general liability insurance with minimum limits of $1,000,000 per occurrence, and $5,000,000 aggregate; (b) automobile liability insurance covering all owned, hired, and non -owned vehicles with minimum limits of $1,000,000 each occurrence; (c) environmental pollution insurance; and (d) worker's compensation insurance as required by AS 23.30.045. The Borough shall be named as Additional Insured for liability coverage. Deductibles shall be in amounts approved by the Borough Manager. Insurance carriers shall have a financial rating acceptable to the Borough. 7. Liability and Indemnity. Borough makes no representations regarding the suitability of the site for Licensee's intended use. Except and to the extent solely caused by Borough's own negligence or intentional misconduct, Borough shall not be liable for damages to property or injuries to persons, including death, arising from the construction, operation, maintenance, removal or activity of Licensee, its principals, officers, employers, associates, agents, representatives, successors, heirs or assigns, licensees, contractors, or invitees. The Licensee assumes responsibility for any negligent acts of its officers and employees, in the scope of employment, incident to this License Agreement. Any requirement for the payment or obligation of funds by the Licensee shall be subject to the availability of appropriated funds. By acceptance hereof, the Licensee assumes full responsibility for the activities, equipment, and personnel incident to this License Agreement. 8. Interest. This does not convey an interest in land, is personal to the Licensee, and is not assignable. IN WITNESS WHEREOF, the parties hereto have executed this document by and through their duly authorized officials. KODIAK ISLAND BOROUGH, ALASKA CITY OF KODIAK �_, Charles E. Cassidy, Borough ger Aimee Kniaziows i, City ager Page 2 of C:°UsersXmcholze\Desktop'hlicense Agreement CompostB.docx ATTEST: Page 3 of 4 C•.1,U,,ers\rscholze\Desktol°,License Agreement CompostB.dGcx STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS 1S TO CERTIFY that an this ' ,day of LtoU�,l'r1W , 2013, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Charles E. Cassidy, known to me and to me known to be the Manager for the Kodiak Island Borough, Alaska, and authorized to execute documents on behalf, and is the individual named in and who executed the foregoing document on behalf of the Kodiak Island Borough for the uses and purposes therein set forth. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my seal the day and year hereinabove written. unr+err ublic in and for A4aska E M co ission expires:,L42a STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this _41� day of 414 4. , 2013, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Aimee Kniaziowski, known to me and to me known to be the Manager for the City of Kodiak, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Kodiak for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. 0 Notary Public in and for Alaska My commission expires: Page 4 of C:Tsm. \rscholzeMeskiopUcense Agreement Compost&docx E1j15IVI!ZI10 LICENSE AGREEMEAT FOR WAV11ft I Mril The License Agreement dated November 15, 2013 between the Kodiak Island Borough and the City of Kodiak ("License Agreement!'), is hereby amended as follows: 4. Term. The original term of this License Agreement shall be extended and continue until January 31, 2016, unless earlier terminated. The use of the land granted to Licensee is temporary. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the License Agreement by and through their duly authorized officials. DATED: 1,41jd DATED: Charles E. Cassidy, Jr. Borough Manager WFUSIST141-11 "TA31MMI Vdr By Airn6e nia'ioWi City Manager 1111") UVI-Tftf Debra Marlar, MMC, City C41e (Compost Agreement) 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Resource Management Officer Introduced on: 10/15/2015 4 Adopted on: 10/15/2015 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2016-15 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 EXTENDING A DISPOSAL OF LAND AS REFERENCED IN 12 RESOLUTION NO. FY2014-19, FOR UP TO 27,720 SQUARE FEET, 13 LOCATED ON TOP OF THE ACTIVE LANDFILL AT 1203 14 MONASHKA BAY ROAD BY LICENSE AGREEMENT (CONTRACT) 15 FY2013-15 AND AMENDMENT FY2013-15A TO ALLOW THE CITY 16 OF KODIAK TO TEMPORARILY PRODUCE CLASS B COMPOST 17 UNTIL JANUARY 31, 2016 18 19 WHEREAS, Resolution FY2014-19 provided for a disposal of land by license to the City 20 of Kodiak until November 15, 2015 for the composting of biosolids at the Kodiak Island 21 Borough Landfill; and 22 23 WHEREAS, the City of Kodiak will be moving the ongoing compost operations to a new 24 facility elsewhere on the landfill parcel, however biosolids in the process of becoming 25 compost cannot be easily moved; and 26 27 WHEREAS, an extension of time for the land disposal by license is warranted so that the 28 biosolids in process of composting at the time that ongoing composting operations are 29 moved to the new facility can remain on top of the active landfill site until the composting 30 process is completed. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH THAT: 34 35 Section 1: This resolution will extend the duration of the land disposal by license from 36 November 15, 2015 until January 31, 2016, or until the composting process 37 for biosolids on top of the active landfill are determined to be reclassified as 38 Class B compost in compliance with the applicable standards of the Alaska 39 Department of Environmental Conservation, whichever comes first. 40 41 Section 2: This resolution to extend the disposal relies on the prior representations and 42 exhibits contained in Contract FY2013-15, Contract FY2013-15A and 43 Resolution No. 2014-19 which provide more detailed information upon which 44 the Assembly relied in granting the original disposal by license to the City of 45 Kodiak. 46 47 Section 3: The composting of biosolids at the landfill to make compost is a public 48 purpose beneficial to the Borough and prior agreements, referenced in 49 Section 2, which address concerns related to insurance, safety, liability, 50 instal Iations/improvements, and indemnification will be likewise extended to 51 coincide with the full duration of time extension for this land disposal. 52 53 54 55 56 Kodiak Island Borough, Alaska Resolution No. FY2016-15 Page 1 of 2 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Section 4: Resolution No. FY2014-19 allows the license agreement to be extended by mutual agreement of the parties. Section 5: The Borough Manager is authorized to execute and deliver on behalf of the Kodiak Island Borough an extension to the temporary license agreement referenced in the representations and exhibits of Contract No. FY2013-15, Contract No. FY2013-15A and Resolution No. FY2014-19, to permit the continuation of a temporary disposal by license of up to 27,720 square feet of borough land within the active footprint of the Kodiak Island Borough Landfill Tract for the processing of biosolids from the treatment plant into Class B compost for utilization at the landfill. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF OCTOBER, 2016 ATTEST: 73 Nova M. Javier, , Borough Clerk KODIAK ISLAND Kodiak Island Borough, Alaska Resolution No. FY01-15 Page 2 of 2 4 ® s LICENSE AGREEMENT FOR USE OF KODIAK ISLAND BOROUGH PROPERTY THIS LICENSE AGREEMENT, effective the Ab_ day of 3>9gCm be—IL I 20_Ag is wade and entered into by and between the Kodiak Island Borough, a municipal corporation, organized and existing under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Alaska 99615-6340, hereinafter referred to as "Borough" and the City of Kodiak, a municipal corporation, organized and existing under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Alaska 99615-6340, hereinafter referred to as "Licensee;" 1. Premises. Borough hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereinafter stated, a portion of the following -described premises as fiuther identified on a drawing attached hereto as Exhibit A. Kodiak Island Borough Landfill Tract according to Plat 96-31, recorded in the records of the Kodiak Recording District, Third Judicial District, State of Alaska. 2. Purpose. The purpose of this License Agreement is to allow the Licensee use of a portion of the Borough's landfill area to store sludge and create Class B compost. 3. Use. The premises may be occupied and used by Licensee and its contractor solely for the purpose stated in Section 2. Licensee has contracted with Quayanna Development Corporation for transportation and handling of Licensee's sewage sludge and composting on the Premises pursuant to regulations and guidance issued by the U.S. Environmental Protection Agency. Licensee will not amend its agreement with its contractor, or replace its contractor with another contractor, without providing 20 days' notice to the Borough and allowing the Borough to voice any objections or concerns. All work by Licensee or its contractor shall be conducted in a manner that will not unreasonably interfere with Borough's landfill operations. Licensee will comply with all reasonable requests from Mike Patterson, the Borough Landfill Supervisor, or other person designated by the Borough Manager. 4. Term. The term of this License Agreement shall begin on December 28, 2012 and continue until August 15, 2013, unless earlier terminated. The use of the land granted to Licensee is temnorarv. 5. Consideration. In consideration for this license, Licensee shall pay to Borough $462.00 per month, prorated for each partial month. Payment is due and payable upon execution of this License Agreement and thereafter on the first of each calendar month. in addition, Licensee shall comply with all covenants and obligations herein described, which remain in effect for the term of this License Agreement_ Licensee shall keep its operations safe and in good order and shall comply with all state and federal laws and regulations relating to sludge disposal and compost, hazardous material handling and disposal, and environmental cleanup and remediation. Page i of 3 6. Insurance. Licensee shall maintain, for itself and any contractors, (a) general liability insurance with minimum limits of $1,000,000 per occurrence and $5,000,000 aggregate; (b) automobile liability insurance covering all owned, hired, and non -owned vehicles with minimum limits of $1,000,000 each occurrence; and (c) workers' compensation insurance as required by AS 23.30.045. The Borough shall be named as an Additional Insured for liability coverage. Deductibles shall be in amounts approved by the Borough Manager. Insurance carriers shall have a financial rating acceptable to the Borough Manager. 7. Liability and Indemnity. Borough makes no representations regarding the suitability of the site for Licensee's intended use. Except and to the extent solely caused by Borough's own negligence or intentional misconduct, Borough shall not be liable for damages to property or injuries to persons, including death, arising from the construction, operation, maintenance, removal, or activity of Licensee, its principals, officers, employers, associates, agents, representatives, successors, heirs or assigns, licensees, contractors, or invitees. The Licensee assumes responsibility for any negligent acts of its officers and employees, in the scope of employment, incident to this License Agreement. Any requirement for the payment or obligation of funds by the Licensee shall be subject to the availability of appropriated funds. By acceptance hereof, the Licensee assumes full responsibility for the activities, equipment, and personnel incident to this License Agreement. 8. Interest. This does not convey an interest in land, is personal to the Licensee, and is not assignable. IN WITNESS WHEREOF, the parties hereto have executed this document by and through their duly authorized officials. KODIAK ISLAND BOROUGH, ALASKA Charles E. Cassidy ]r Administrative Official Page 2 of 3 CITY OF KODIAK, ALASKA Aimee Kni ski City Manager ATTEST: Debra Marlar, MMC, City Clerk (City Seal) STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this X145`- day ofA BMbW 2012, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Charles E. Cassidy Jr., known to me and to me known to be the Administrative Official for the Kodiak Island Borough, Alaska, and authorized to execute documents on behalf, and is the individual named in and who executed the foregoing document on behalf of the Kodiak Island Borough for the uses and purposes therein set forth. Ititi ilrrll IN WITNESS WHEREOF, �set my hand and affixed my seal the day and year hereinabove written.+r►Ry••. ub c m and for Alma ssion expires: UDlt l/Ni I11�1 STATE OF ALASKA } ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ay of2012, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Ainft/4ARL�g v�A jC Kniaziow§ld; known to we and to me known to be the City Manager for the City of Kodiak, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Kodiak, Alaska for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. A. 7 A •'ti N tary Publiin and for Al ti ao Ry My commission expires: it g t >r �' Q' .•• cc Page 3 of 3 m AMENDMENT NO. 1 `awn'+ry IUa�yaCl3 -L� LICENSE AGREEMENT FOR USE OF KODIAK ISLAND BOROUGH PROPERTY The License Agreement dated December 28, 2012 between the Kodiak Island Borough and the City of Kodiak ("License Agreement"), is hereby amended as follows: 4. Term. The original term of this License Agreement shall be extended and continue until November 14, 2013, unless earlier terminated. The use of the land granted to Licensee is temporary. All other provisions of the License Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. to the License Agreement by and through their duly authorized officials. DATED: Z- l-5 —13 DATED: t?- / E; -- / 3 ATTEST: Nova Javier, MMC, (Borough Seal) KODIAK ISLAND BOROUGH, ALASKA BY:f f+ G - . Charles E. Cassidy, Jr. Borough Manager CITY OF KODIAK, ALASKA r By Aimee K iaxiow i City Manager ATTEST: 'ai1L,.jtic.G , NCV -An , License Agreement forl3s"f•ifdak Island Borough Property (Compost Agreement) STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this -Oday of August, 2013, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Charles E. Cassidy, Jr., known to me and to me known to be the Manager for the Kodiak Island Borough, Alaska and authorized to execute documents on behalf, and is the individual named in and who executed the foregoing document on behalf of the Kodiak Island Borough for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and 77ffid my seal the day and year hereinabov x, _ n„ ., r1OTAR Y —a— PUBLIC STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) Wary Public in and My Commission Exp THIS IS TO CERTIFY that on this i� day of August, 2013, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared N'jvjZ , known tome and tome known to be the City Manager for the City of Kodiak, Alaska and authorized to execute documents on behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Kodiak, Alaska for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. RA N40 Ry Notary Public in and for Alaska .,.._ o My Commission Expires: uoJ, oll ' "OUBL.1G Page 2 of x License Agreement for Use of Kodiak Island Borough Property (Compost Agreement) f Kodiak Island Borough Ordinance No, F'Y2014-19 Page 1 of 3 Introduced by: Manager Cassidy I Requested by. Resource Manager 2 Drafted by: Resource Manager 3 Introduced: 11/07/2013 4 Adopted: 11/07/2013 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2014-19 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH TO DISPOSE OF A PORTION OF LAND UP TO 27,720 11 SQUARE FEET LOCATED ON TOP OF THE ACTIVE LANDFILL AT 12 1203 MONASHKA BAY ROAD BY LICENSE AGREEMENT TO THE 13 CITY OF KODIAK TO TEMPORARILY PRODUCE CLASS B 14 COMPOST UNTIL NOVEMBER 15, 2015 15 16 WHEREAS, biosolids processed through the wastewater treatment plant have been 17 disposed of at the Kodiak Island Borough Landfill for many years; and 18 19 WHEREAS, City and Borough staffs have been working cooperatively to find both short - 20 term and long-term solutions for the safe and affordable disposal of the community's 21 biosolids; and 22 23 WHEREAS, a memorandum of agreement (MOA) between the City of Kodiak (City) and 24 the Kodiak Island Borough dated August 14, 2007 agreed that the landfill will continue to 25 accept biosolids from the treatment plant until landfill operations preclude KIB's ability to 26 accept biosolids; and 27 28 WHEREAS, this temporary land use license will continue the cooperative efforts consistent 29 with the 2007 MOA between the KIB and the City for delivery to and utilization at the landfill 30 of the biosolids, offering a short-term solution benefiting the community and ratepayers while 31 giving the City time to implement a long range solution for processing the biosolids into Class 32 A EQ compost; and 33 34 WHEREAS, ADEC has approved of this area within the landfill for processing biosolids into 35 Class B compost, and has approved Class B compost as a cover material acceptable at the 36 landfill; and 37 38 WHEREAS, Class B compost has been produced on top of the active landfill for utilization 39 as cover material at the landfill since December, 2012 by License Agreement between the 40 City and the Borough (Ordinance No. FY2013-12), with the extension of that License 41 Agreement scheduled to terminate on November 14, 2013; and 42 43 WHEREAS, the landfill supervisor has determined that short-term production of Class B 44 compost can continue on top of the active landfill on a rotating basis utilizing no more than f Kodiak Island Borough Ordinance No, F'Y2014-19 Page 1 of 3 45 46 47 48 49 50 51 52 53 54 55 56 57 58 54 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 NJ 27,720 sq. ft. at one time within the existing landfill footprint (Exhibit A) without interfering with landfill operations; and WHEREAS, for the term of this license agreement, Alaska Department of Conservation (ADEC) operating guidelines will be maintained for the ongoing Class B composting on top of the landfill, including water run-off sampling as part of the landfill's routine monitoring program; and WHEREAS, the City has requested disposal from the Borough of a 2.36 acre site at the south end of the landfill that might be utilized for long-term processing of biosolids into EQ (Excellent Quality) Class A compost; and WHEREAS, the long-term disposal for 2.36 acres is conditional on procurement by the City of an Alaska Department of Environmental Conservation (ADEC) permit for Class A composting, permitting review for which will involve geotechnical engineering and design work and may take up to two years; and WHEREAS, continuation of production of Class B compost from biosolids from the wastewater treatment plant at the present location on top of the active landfill for up to two years will allow the City time to obtain an ADEC permit and build a facility for long-term processing of Class A compost at the 2.36 acre south landfill location; and WHEREAS, KIBC 18.20.170 defines "disposal" as any transfer of real property, including revocable license; and KIBC Section 18.20.030 states that Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This resolution will continue for approximately two years the temporary use of a portion of the active footprint on top of the landfill for processing of biosolids from the wastewater treatment plant into Class B compost consistent with historical use and in compliance with the operating guidelines of the Alaska Department of Environmental Conservation. The agreement will allow for utilization of up to 27,720 square feet at any one time within the active landfill footprint (Exhibit A) for Compost B processing on a rotating basis as determined by the landfill supervisor so as to not interfere with other ongoing landfill operations. Section 2: In order for the City to utilize the land identified at the KIB landfill for a public purpose beneficial to the Borough by processing of biosolids into Class B compost, KIB and the City will enter into a Land Use License Agreement for r Use of KIB Property. The land use license agreement will outline issues related to insurance, safety, liability, installations/improvements, and Kodiak Island Borough, Alaska Ordinance No. FY2014-19 ID Page 2 of 3 0 WX Kodiak Island Borough, Alaska Ordinance No, FY2014-19 Page 3 of 3 9 indemnification, and is subject to approval by the Borough Attorney prior to 90 being signed by the Borough Manager. The license agreement is temporary 91 and will terminate on approximately November 14, 2016, unless further 92 extended by mutual agreement. 93 94 Section 3: The Borough Manager is authorized to execute and deliver on behalf of the 95 Kodiak Island Borough a temporary land use license agreement to be entered O 96 into between the KIB and the City of Kodiak for use by the City and its 97 contractor of up to 27,720 square feet at one time within the active footprint 98 (Exhibit A) of the Kodiak Island Borough Landfill Tract for the processing of 99 biosolids from the treatment plant into Class B compost for utilization at the 100 landfilii. 101 102 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 103 THIS SEVENTH DAY OF NOVEMBER, 2013 104 105 KODIAK ISLA O�UGH 1 O6 107 108 109 rrol Fher<Borough Mayor 110 111 ATTEST: 112 113 -'On 114 115 Nfova M. Javier, MMC orough Clerk WX Kodiak Island Borough, Alaska Ordinance No, FY2014-19 Page 3 of 3 wt r '� p iu x � p fM^w � f � w^W '�d�!T �OJL 4 �"" �.,xwp�,. �' •,,� a '� Y xvx.i �",r„ w+""„.";�d 1d7r'�,b mF� vtd $It r. . 44 +rbn + C ✓� a "�N m ki x4 fiU. w �TA Ak ✓ � a; �"h'� .$'�� L' � r � p '. �- Y -Y �� l' 'G N"h!i' 4 �' ✓ yN,l� s �'"x4 � Y#y � '. 'i"' MY,� I (� rc 4 a X e=p "ti w,-wyilr� ter,. cli fol u , rt, ^. �"` E M ➢�� S. of b , ;"F � "il' T f P. r f; u CeAFYaoiv-ao LICENSE AGREEMENT FOR USE OF KODIAK ISLAND BOROUGH PROPERTY THIS LICENSE AGREEMENT, effective the 15"' day of November, 2013, is made and entered into by and between the Kodiak Island Borough, a municipal corporation, organized and existing under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Alaska 99615-6340, hereinafter referred to as "Borough" and the City of Kodiak, whose address is 722 Mill Bay Road 99615-6340, hereinafter referred to as "Licensee"; I. Premises. Borough hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereinafter stated, a portion of the following -described premises. Kodiak Island Borough Landfill Tract according to Plat 96-31, recorded in the records of the Kodiak Recording District, Third Judicial District, State of Alaska. The premises is further described as up to 27,720 square feet any one time on top of the landfill within the active footprint, which is shown on the air photo attached hereto as Exhibit A 2. Purpose. The purpose of this license agreement is to allow the Licensee use of the above described land to store biosolids for processing into Class B compost. 3. Use. The premises may be occupied and used by Licensee and its contractor solely for the purpose stated in Section 2. Licensee has contracted with Quayanna Development Corporation for transportation and handling of the biosolids, as well as processing of the biosolids into Class B compost in compliance with regulations issued by the Alaska Department of Environmental Conservation (ADEC). Licensee shall not use or permit the premises or any part thereof to be used for any purpose in violation of any borough, state, federal or other governmental law, ordinance, rule or regulation. All compost produced will be used on the landfill property in compliance with ADEC guidelines. Licensee will not amend its agreement with its contractor, or replace its contractor with another contractor, without providing twenty (20) days' notice to the Borough and allowing the Borough to voice any objections or concerns. All work by Licensee or its contractor shall be conducted in a manner that will not unreasonably interfere with the Borough's landfill operations. Licensee will comply with all reasonable requests from the Borough Solid Waste Supervisor, or other person designated by the Borough Manager. 4. Term. The term of this License Agreement shall begin on November 15, 2013 and continue until November 15, 2415 unless earlier terminated. The License Agreement can be extended for up to one year by mutual agreement of the parties. The use of the land granted to Licensee is temporary. Page 1 of C:"�Userslrscliolze\Desktop`^License Agreement Compos . ocx 5. Consideration. In consideration for this license, Licensee shall pay to the Borough $462.00 per month, prorated for each partial month. Payment is due and payable upon execution of this License Agreement and thereafter on the first of each calendar month. In addition, Licensee shall comply with all covenants and obligations herein described, which remain in effect for the term of this License Agreement. Licensee shall keep its operations safe and in good order. Licensee is responsible for any hazardous materials handling and disposal directly related to the operation, as well as any environmental cleanup and remediation resulting from the operation. 6. Insurance. Licensee shall maintain for composting related operations on the Landfill Tract, for itself and any contractors, (a) general liability insurance with minimum limits of $1,000,000 per occurrence, and $5,000,000 aggregate; (b) automobile liability insurance covering all owned, hired, and non -owned vehicles with minimum limits of $1,000,000 each occurrence; (c) environmental pollution insurance; and (d) worker's compensation insurance as required by AS 23.30.045. The Borough shall be named as Additional Insured for liability coverage. Deductibles shall be in amounts approved by the Borough Manager. Insurance carriers shall have a financial rating acceptable to the Borough. 7. Liability and Indemnity. Borough makes no representations regarding the suitability of the site for Licensee's intended use. Except and to the extent solely caused by Borough's own negligence or intentional misconduct, Borough shall not be liable for damages to property or injuries to persons, including death, arising from the construction, operation, maintenance, removal or activity of Licensee, its principals, officers, employers, associates, agents, representatives, successors, heirs or assigns, licensees, contractors, or invitees. The Licensee assumes responsibility for any negligent acts of its officers and employees, in the scope of employment, incident to this License Agreement. Any requirement for the payment or obligation of funds by the Licensee shall be subject to the availability of appropriated funds. By acceptance hereof, the Licensee assumes full responsibility for the activities, equipment, and personnel incident to this License Agreement. 8. Interest. This does not convey an interest in land, is personal to the Licensee, and is not assignable. IN WITNESS WHEREOF, the parties hereto have executed this document by and through their duly authorized officials. KODIAK ISLAND BOROUGH, ALASKA Charles E. Cassidy, Borough getl' Page 2 of C:',User,s\rscholze\Desktop'�,License Agreement po CITY OF KODIAK Aimee Kmaziows, i, City, nager I II ►.' u ... Debraala, MMC, City Clerk Page 3 of 4 A- THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this-- day of kwedw , 2013, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Charles E. Cassidy, known to me and to me known to be the Manager for the Kodiak Island Borough, Alaska, and authorized to execute documents on behalf, and is the individual named in and who executed the foregoing document on behalf of the Kodiak Island Borough for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. ublic in and for Alaska M co ission expires:% r a i .8u r' ®` " 1.4 O ", STATE OF ALASKA ss. 0, THIRD JUDICIAL DISTRICT } " THIS IS TO CERTIFY that on this .4""y day of� „� , 2013, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Aimee Kniaziowski, known to me and to me known to be the Manager for the City of Kodiak, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Kodiak for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. Notary Public in and for Alaska My commission expires, Page 4 of 4 DATE: 1/29/2016 ()r ct'6t44 4'0�e� A) 0 � '90/ V - 4P .KODL KISLAND BOROUGH Engineering & Facilities Department TO: Bud Cassidy, Manager FROM: David Conrad MEMORANDUM RE: Class `B" Compost Site — KIB Landfill Mr. Cassidy, Today I inspected the Class B Compost site at the landfill where the City of Kodiak and their subcontractor have been actively processing treated sludge into compost. The lease agreement is scheduled to terminate the last day of this month. Per that agreement the area was to be cleared of compost and returned to a similar condition to prior to the start of the compost project. The site is no longer an active compost site and the tools and materials required for the process have been adequately removed. Due to the fact that the KIB Baler is currently shut down and loose filling of municipal next to the compost site is blocking access to the closed slopes where the compost is to be spread, several piles of compost remain on the top of the landfill. Bob Tucker and I met with Mark Kozak yesterday to discuss this situation. It has been mutually agreed that as soon as the KIB loose fill effort is completed and the portable trash fences are removed, Mr. Kozak will be contacted and his subcontractor will remove the piles from the top of the landfill and spread the material on the closed slopes for the revegetation effort. In addition the area that the active composting took place, the surface residual will be scraped up with a bull dozer and added to the material to be spread. It is anticipated that if weather allows this task will be completed in the next several weeks. This remaining material is not impacting the landfill operations and will not effect the landfill operations for the foreseeable future. The KIB has received the test documentation verifying that the compost is compliant for our records. It is my opinion that with my inspection and discussion with Mr. Kozak that the terms of the lease have been satisfied. If you require additional information please contact me at your convenience.