FY2014-20 Lease Agreement for KIB Landfill for Processing Class B CompostN6 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
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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
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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
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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.
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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'
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CITY OF KODIAK
Aimee Kmaziows, i, City, nager
I
II
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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.