FY2014-28 Land Use Agreement with Kodiak Soil and Water Conservation District - Community Gardenred 1 0 Nk� M10 ZrA IF
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Purpose of Permit
The Kodiak Soil and Water Conservation District proposes to develop and
manilge a communit Urden on land_o_wrs� i
Wmim VFW a
locall grown foods and contribute to the sustainability and food security of Kodiak
Island.
I 'NOTIM M 171 Firm I LIM
VATO IffiNTNILTUMNIP
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Use. KSWCD is hereby permitted to use Tract K-2, U.S. Survey 1396
vperating a community garden with plots to be assigned by KSWCD to
community members for their personal use. Plat 90-18 and a site plan detailing
the proposed gardening site is attached as Exhibit A to this Permit and is
incorporated herein. Any proposed future expansion beyond Phase 1 (24 plots)
rnust be requested in writing by Tenant and approved in writing by Owners.
1.2 Term. The term of this Permit is 5 years starting on April 1, 2014 and ending on
March 31, 2019. This Permit will terminate upon expiration of this term or the
final renewal term, if any, or if either party terminates it as described in Section 4
of this Permit. Tenant shall have the option to extend the initial term of the permit
for up to two (2) additional two year periods by providing written notification the
Owners at least sixty (60) days prior to the effective date of termination of the
Permit or any extension thereof.
Rent. The pen-nitted use of this tract shall be at no cost to Tenant for the duration
of the land use permit providing all terms are met and the property is used only to
establish community garden plots. Owners have the option to charge rent if the
permit is extended beyond the initial five-year term.
2.1 Property as -is. KSWCD acknowledges the Owners are not making any
representations, warranties, promises, or guarantees of any kind to KSWCX
including without limitation, any representations about the quality, condition, or
sustainability of the Property for use as a community garden. In deciding to enter
into this Permit, KSWCD has made its own independent evaluation of the
suitability of the Property for a community garden.
2.2 No Owner Responsibilities. KSWCD has sole responsibility for the planning,
setup, management� and carrying out of operations on the Property, including,
without limitation, obtaining any permits required for operating a community
garden. Owners have no obligation to make any alterations, improvements, or
repairs of any kind on the Property or to provide any services on the Property.
2.3 Comply with Laws. KSWCD will use and operate the Property in compliance
with all applicable federal, state, and local laws, including but not limited to all
zoning and environmental laws.
2.4 Garden Rules. KSWCD will operate the garden in accordance with a
management plan, including a set of garden rules, which shall be submitted to the
Owners and approved in writing prior to the execution of any gardener agreement.
KSWCD will require all persons using the Property to enter into a gardener
agreement that indemnifies the Owners and waives any liability of the Owners.
KWSCD shall submit the terms and provisions of the gardener agreement to the
Owners for review and written approval prior to executing any such agreements.
r. 5 No alterations. KSWCD may not make or permit any alternations or
improvements to the Property without Owners' prior written consent, except it
may install frames for holding dirt that are no more than 12 inches high. On
expiration or termination of the Permit, all improvements and alterations to the
Property will belong to the Owners except the portable or nonpermanent
improvements or any other improvement the Owners request in writing removed.
Owners will have no obligation to reimburse KSWCD for any improvements thal
remain with the Property.
2.6 Equipment and Structures. No structures are permitted on the Property except
as otherwise provided in this Permit. KSWCD may install a small and low tool
box or any other low standing container of no more than five (5) feet in height for
storage so long as KSWCD obtains written approval from the Owners for the use
and installation of such a cont '
2.7 No transfers. KSWCD may not assign, mortgage, pledge, encumber, or
otherwise transfer this Permit or allow the Property to be used or occupied by
others, except by persons maintaining a plot who are party to a gardener
agreement contemplated by section 2.4. Any attempted transfer in contravention
of this section 2.7 is void and a violation of this Permit.
2.8 Right of Inspection. Owners may enter the Property at any time and for any
purpose.
2.9 Liens. KSWCD shall not incur, create, assume, or permit the creation of any
lien on any portion of the Property (including any mechanic's or materialmen's
liens). KSWCD will keep the Property clear of any liens arising out of any work
performed or materials furnished to KSWCD for or at the Property, and any
other obligations.
2.10 Commercial Enterprise Prohibited. KSWCD may not undertake or allow the
undertaking of any commercial enterprise, including but not limited to the growth
of agricultural products for the purpose of commercial sale on the Property.
3.1 Utilities. KSWCD will have sole responsibility for obtaining and paying all
water or any other utility service used on the Property during the term of the
Pen -nit.
3.2 Taxes. Owners will have sole responsibility for all property tax returns and
payments relating to the Property under federal, state, or local taxing authority if
any such payments or responsibilities apply to the Owners. KSWCD will have
sole responsibility for paying all personal property taxes or assessments levied on
KSWCD's personal property on the Property and all income or sales taxes that
result from KSWCD's operations on the Property. Owners agree to cooperate
with KSWCD to receive any tax abatements, exceptions, or other exclusions for
which KSWCD may qualify.
4.1 At Will. This Permit may be terminated at any time by either Owners or
KSWCD with or without cause. Termination is immediately effective.
4.2 Permit Violation. If KSWCD violates any of the conditions of this Permit, the
Permit is terminated and the Owners may seek any and all remedies available to
the Owners under this Permit and as further defined in Section 4.7 of this Permit.
4.3 Yielding Possession. Upon termination of this P.rmit, KSWCD will leave and
surrender the Property to the Owners in at least as good order and condition as on
the date that this Permit was signed.
4.4 Cooperate in Transition. Upon termination or expiration of this Pen -nit, the
rights of KSWCD under this Permit will immediately, automatically, and without
consideration terminate and revert to Owners. KSWCD and Owners will
cooperate in good faith in reasonable transition activities prior to and after
termination of this Permit in order to minimize the impact on the community and
Owners' use of the Property.
4.5 Personal Property. If KSWCD or any gardener leaves any of his, her or its
personal property on the Property after termination or expiration of the Permit,
Owners may store it for KSWCD's account and at KSWCD's risk. Owners will
release the property only when KSWCD pays all charges relating to storage and
all other amounts KSWCD owes the Owners under this Permit. If KSWCD does
not reclaim its property within the period permitted by law, Owners may sell it in
accordance with the law and apply the proceeds of the sale to any amounts
KSWCD owes Owners under this Permit, or retain KSWCD's property against
any amounts owed by KSWCD to Owners.
4.6 Holding Over. If Owners terminate this Permit, any holding over by KSWCD
after termination of this Permit without Owners' written consent is not a renewal
or extension of the Permit and will not give KSWCD rights in or to the Property.
4.7 Cumulative Remedies. All of the Owners' rights, powers, and remedies under
this Permit are cumulative and not alternative and will be in addition to all rights,
powers, and remedies given to the Owners at law or in equity. The exercise of
any one or more of these rights or remedies will not impair Owners' right to
exercise any other right or remedy including all rights and remedies of
landowners under or any similar, successor, or related laws.
5.1 Waiver of liability. KSWCD releases and waives all claims against the Owners
with respect to or arising out of (a) any death or any injury of any nature
whatsoever that may be suffered or sustained by KSWCD's parties from any
causes whatsoever, except to the extent that such injury or death is caused by the
gross negligence or willful misconduct of Owners; (b) any loss or damage or
injury to any personal property on or about the Property, except to the extent such
injury or damage is to property not covered by insurance carried (or required to be
carried) by KSWCD and is caused by gross negligence or willful misconduct of
the Owners or; (c) the condition of the Property and suitability of the Property for
use as a community garden. Subject to the prior provisions, Owners shall not be
liable for any damage or damages of any nature whatsoever to KSWCD caused by
explosion, fire, theft, crime, or negligent behavior, sprinkler damage, plumbing,
or irrigation systems, by failure for any cause to supply adequate drainage, by
interruption of any public utility or service, by steam, gas, water, rain, or other
substances leaking, issuing, or flowing into any part of the Property, or by
anything done or omitted to be done by KSWCD parties or any other person on
the Property. In addition, Owners shall not be liable for any losses which
KSWCD is required to insure. This section will survive termination of this
Permit.
6.1 Insurance. KSWCD will, at its own cost, take out and maintain without
interruption during the term of this lease comprehensive general liability
insurance naming the Owners as additional insureds, affording coverage for
bodily and personal injury liabty, including liability for death, and property
damage, or a combination thereof, in an amount not less than One Million Dollars
($1,000,000). Coverage shall be made on an "occurrence" basis and not a "claims
made" basis.
6.2 Evidence of Insurance. On or before Owners permit use of the Property by
KSWCD, KSWCD will provide Owners with a copy of the insurance policies
required by Section 6.1 of this Permit. KSWCD will deliver to Owners evidence
of each renewal or replacement of any required insurance policy at least 10 days
prior to the expiration of such policy. In lieu of the actual policies, KSWCD may
deliver to Owners a certificate of insurance evidencing KSWCD's insurance
policies, provided that the Owners also receive a copy of the endorsement naming
Owners as additional insureds.
7.1 Modification and Severability. This Permit may be modified only as stated in a
writing signed by both Owners and KSWCD which states that it is an amendment
to this Permit. If any provision in this Permit is held invalid or unenforceable, the
other provisions will remain enforceable, and the invalid or unenforceable
provision will be considered modified so that it is valid and enforceable to the
maximum extent permitted by law.
7.2 Waiver. Any waiver of any term of this Permit must be in writing. Failure,
neglect, or delay by a party at any time to enforce the provisions of this Permit
will not be considered a waiver of the party's rights under this Permit. Any
waiver shall not be considered a waiver of any later breach or violation of this
Permit or the right to enforce any provision of this Permit.
7.3 Counterparts. This Permit may be executed in one or more counterparts, each of
which shall be deemed an original and all of which will be taken together and
deemed to be one instrument. Transmission by fax or PDF of executed
counterparts constitutes effective delivery.
7.4 Aotices. Notices and consents under this Permit must be in writing and delivered
by mail, email, courier or fax to the addresses set out on the signature page of this
lease. These addresses may be changed by written notice to the other party.
Notices given in the manner provided by this section will be considered given twLt
business days after delivered in the mail, the day such notices are delivered via
email where delivery is confirmed by the receiver or the first business day after
delivery 1y courier 1r delivery 1y fax.
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By: Kodiak Island Borough
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CERTIFICATE OF LIABILITY INSURANCE
F3/13/DATE(M=2014DNYYY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this Certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
MMfO
BROWN AGENCY
110 S Willow #106
Kenai, AK 99611
NAME.
P" " (907) 283-7834 ac NG:(907} 283-6179
ADDREss:office@brownak.net
INSUREMI AFFORDING COVERAGE NAtce
INSURERA:Alaska Public Entity Ins
INSURED Alaska Assn. of Conservation Districts
1700 East Bogard Road #203A
Wasilla, AX 99654
907 373 7923
INSURER 0:
INSURER C:
INSURER O:
INSURER E:
INSURER F:
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— — -- 11Gr1�lIVP1 1\{JIMIOGR.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTTR
TYPE OF INSURANCE
MR
wVD
POLICY NUMBER
MMfO
MIDDIYYYY
LIMITS
A
GENERAL LIABILITY
}i COMMERCIAL. GENERAL LIABILITY
CLAIMS -MADE Q OCCUR
Y
GALPC5514236
07/01/13
o7/al/14
EACH OCCURRENCE S 1 '000,000
PREMISES Es occurrence)S 100,000
MED EXP (Arty one perann) S N/A
PERSONAL& ADV INJURY s 11 000, 000
GENERAL AGGREGATE 3 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X7 POLICY F1 PR07 ID LOC
PRODUCTS - COMPIOP AGG S 2,000,000
S
A
AUTOMOBILE LIABILITYO
is ANYAUTO
ALL OWNEDSCHEDULED
X AUTOS AUTOS
HIRED AUTOS NON-OWNEDPROPERTY
AUTOS
GALPCS514236
07/01/13
07/01/14
IJINCU SINGLE LIM11
(Ea S 1,000,000
BODILY INJURY (Per person) 3
BODILY INJURY (Per accident) S
DAMAGE
Per ac iderd $
S
A
UMBRELLA LUB
EXCESS LAS
X
OCCUR
CWMS-0ME
GALPC5514236
07/01/13
07/01/14
EACH OCCURRENCE S 1,000,000-
AGGREGATE S 1,000,000
DED I I RETENTIONS
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYY
DR�EcunvE �WCPC6514236
�PREXCLUDED?
CCLU
(14naatoF, In NN)
0 yes. DESCRIPTIO OF
DESCRIPTION OF OPERATIONS below
Nra
07/01/13
07/01/14A
X far,
MA R-
E.LEACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOyd S 1,000,000
E.L. DISEASE - POLICYUMrr S 1,000,000
DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES (Attach ACORD 101, Addlicnal Remarks Schedule, it more space is required)
Regarding Community Garden located at Tract K-2, V.S. Survey 1396 (Plat 90-18).
Certificate Holder is Additional Insured with respects to Liability arising out
of ongoing activities and operations.
City of Kodiak
710 Mill Bay Rd
Kodiak, AX 99615
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHO E E NTATIVE
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