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2016-08-25 Work SessionPage Kodiak Island Borough Assembly Work Session Thursday, August 25, 2016, 6:30 p.m. Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. 1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS 4-97 a. Update on Termination Point and Long Island - Austin Quinn Davidson and Dave Mitchell Great Land Trust Presentation -Kodiak Island Borough 8.25.16 Backup Information Termination Point and Long Island Binder 98 b. Non Profit Funding Discussion Non Profit Funding 99-109 C. Killarney Hills Master Plan Tract R2 Killarney Hills Update 110-112 d. 90 Day Manager Report 90 Day Manager Report 3. PACKET REVIEW PUBLIC HEARING Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. NEW BUSINESS CONTRACTS Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C", Slash Visit our website at www.facebook.com/Kodiakislandborough www. kodiakak. us @KodiakBorough Page 1 of 112 Operations. RESOLUTIONS Resolutions Accepting The Recommendation Of The Planning And Zoning Commission By Approving Disposal Of The Following Borough Owned Lands: -Resolution No. FY2017-05, Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision (P&Z Case No. 16-026). -Resolution No. FY2017-06, A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 (P&Z Case No. 16-029). -Resolution No. FY2017-07, Lot 7A, Block 2, Monashka Bay Subdivision (P&Z Case No. 16-023). -Resolution No. FY2017-08, Lot 5, Block 5, Monashka Bay Subdivision (P&Z Case No. 16-032). -Resolution No. FY2017-09, A ± 20,000 Square Foot Portion Of Lot 29, U.S. Survey 3099 (P&Z Case No. 16-035). ORDINANCES FOR INTRODUCTION Ordinances Amending the 2008 Comprehensive Plan By Changing The Future Land Use Designation Of The Following Borough Owned Lands From Public Ownership/Facilities To Residential Or Rural Residential: -Ordinance No. FY2017-05, Lot 7A, Block 2, Monashka Bay Subdivision From Public Ownership/Facilities To Rural Residential (P&Z Case No. 16-024). -Ordinance No. FY2017-07, Lot 5, Block 5, Monashka Bay Subdivision From Public Ownership/Facilities To Rural Residential (P&Z Case No. 16-033). -Ordinance No. FY2017-09, A ± 20,000 Square Foot Portion Of U.S. Survey 3099 From Public Ownership/Facilities To Urban Residential (P&Z Case No. 16-036). -Ordinance No. FY2017-11, Lots 2 And 3, Block 38, East Addition Subdivision From Public Facilities/Ownership to Urban Residential (P&Z Case No. 16-027). -Ordinance No. FY2017-13, A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 From Public Ownership/Facilities To Urban Residential (P&Z Case No. 16-030). Ordinances Rezoning The Following Borough Owned Lands From PL - Public Use Lands District to R1 -Single -Family Residential District, R2 - Two -Family Residential District, Or RR1-Rural Residential One District: -Ordinance No. FY2017-06, Lot 7A, Block 2, Monashka Bay Subdivision From PL -Public Use Lands District To RR1-Rural Residential One District (P&Z Case No. 16-025). -Ordinance No. FY2017-08, Lot 5, Block 5, Monashka Bay Subdivision From PL -Public Use Lands District To RR1-Rural Residential One District (P&Z Case No. 16-034). Visit our website at www.facebook.com/Kodiakislandborough www kodiakak us @KodiakBorough Page 2 of 112 -Ordinance No. FY2017-10, Rezoning A ± 20,000 Square Foot Portion Of Lot 29, U.S. Survey 3099 From PL -Public Use Lands District To R2 - Two -Family Residential District (P&Z Case No. 16-037). -Ordinance No. FY2017-12, Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision From PL -Public Use Lands District To R1 -Single - Family Residential District (P&Z Case No. 16-028). -Ordinance No. FY2017-14, A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 From PL -Public Use Lands District To R2 -Two-family Residential District (P&Z Case No. 16-031). OTHER ITEMS Approval of the October 4, 2016 Regular Municipal Election Workers. EXECUTIVE SESSION Discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. Discuss Litigation Tactics And Strategies Re: Kodiak High School Construction Claims: Watterson Construction v. Kodiak Island Borough, 3AN-16-7996Ci. 4. MANAGER'S COMMENTS 5. CLERK'S COMMENTS 6. MAYOR'S COMMENTS 7. ASSEMBLY MEMBERS COMMENTS FUTURE DISCUSSION ITEMS Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough www.kodiakak.us 91 Page 3 of 112 MAIN O co U) CD 0 C3) N C L6 O -j 0 44 a_ C: 0'" co c •E a) F- AGENDA ITEM #.a &r, of n2 Update on Termination Pointand 2q Island -Austin Quinn D... AGENDA ITEM #2.a. Page 6 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. Page 7 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. vi t wr + d•y �' Et+ x r' �- }:ri_rrv.�- Ott r{9pg1'' ''w►1\Tye '14 '\ , �fYT� rt: ti �f iN i fi_"v 6 ,..tt, t! t"A U nJ fi ! Page 8 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. 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AGENDA ITEM #.a Page of 2, Update on Termination Pointand Long ��nd-Austin Quinn e. 217 § y 2 \ — \ ) 3:0 \ \ f w ; .�- ` °rn .: _ ® / ? § \ g > * 5 § ( d ƒ G 41 W \ 4_4 ; /� /(\ 0 / ƒ / - 2'§ .k Q ) / ® /C \ / / \ / o tb §f Q % / ( n 7 / e § ti, / § \ { S \ § § 7 OJ ± :1/ 5En / eto g E c k 8 R § k 2 \ \ k \ k f k \ '� cc a o / S / S Page of 2, Update on Termination Pointand Long ��nd-Austin Quinn e. AGENDA ITEM #2.a. F a N 2 Z y a J 0 P E •-Sl 4 0 3 0 2 m C w z O 0 CP Q% L'1 O U L. 40. In cz.. it Q. Q] CC 4] N c� w Page 22 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. Page 23 of 112 Update on Termination Point and Long Island -Austin Quinn D... N > N � O 2T2 O c O C O ` c U E 3 M U a N _ > > N \ CD O N m �I--I Y Y conO ri Q) 3 Y Y 1z Y fi O C i-1 O O U � � Cd Y C O O U N U C42 by O � � U a � N N � U � X � w w Q Page 23 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. 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AGENDA ITEM #.a Pages of 22 Update eTermination PoiG_d29��w-AuQuinn y. k k \ § M s \ & M § 2 E - \ \ \ co\ \ ( � \ § > \ 2 _ ¥ / Ln L \ ] ° \ 4 § � m \ § A Cd 0 a4 \ E ® \ [ § § u j \ / / ° M @ Ln \ _ \ \ ° 2 \ a § g ) C40. En Cd ® E \ .2 2 b ca / \ $ $ \ \ / U = 'w u u % « \ §Cdc u \ a 5 f ƒ / _ \ \ / / / \ % / / O H O O O O Pages of 22 Update eTermination PoiG_d29��w-AuQuinn y. AGENDA ITEM #2.a. Page 28 of 112 Update on Termination Point and Long Island -Austin Quinn D... C p a E S E o 3 o Ti m > m vi O .y Q� ti O U CC 'O O b C O U U Cd O C O I O O s. G� Ln Ln O N Page 28 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #.a Page »¥«2 Update eTermination Poimedb3IAQ-Aumo. E y21 \ \ » U -) \ ) / \ ( \ ] � c , � , / \ / w ( ( \ ® ] / \ G c \ / .� (u \ c 4 \ / 0 ¢ ' Q t / @ \ � / t .§ � ( \ cn 8 � / g \ # \ 2 / ( ( m \ ( \ ] u o a 2 / ) \ � t u \ / O O Page »¥«2 Update eTermination Poimedb3IAQ-Aumo. AGENDA ITEM #2.a. N N > N N T N (U Ol O z c M co w E w E rn E E v C7 CD c > > 76 � 1 A 'I 1 � 4 ✓ i • 1 ; :F 1 i, L I .ti Page 30 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. Page 31 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. From: Austin Ouinn-Davidson To: Duane Dvorak: Nova Javier Cc: Dave Mitchell: BIII Roberts Subject Update on Termination Point and lag Island Date: Tuesday, July 12, 20161:09:56 PM Hi Duane and Nova, How are things? I hope you're having a fun and warm summer! 1 wanted to get in touch to give an update, and to check in about speaking to the Assembly, if they'd find that useful, on August I Ith. My colleague Dave and I will be in Kodiak to visit another property and it would be great to incorporate a stop at the Assembly work session. We'd also have time on Thursday afternoon or Friday to meet with individual Assembly members or Borough staff if that would be helpful. The state and feds finished their review of the draft conservation easements and proposed a few changes. Those changes are currently being reviewed by Leisnoi. As soon as Leisnoi completes its review of the drafts, we will send the updated drafts to you and Nova to distribute to the Assembly to see if they will work for the Borough. There will be plenty of time to discuss changes that the Borough might request. I would hope to have these to the Assembly before we come down in August, because the work session could be a good opportunity to discuss the updated drafts and answer questions. I hope that timing will work out but it depends on how quickly Leisnoi's review goes. The appraisal for Termination Point was completed about a week ago, and is now being reviewed by the review appraiser. We hope to have the final value by the end of the month, which will allow us to enter into an agreement with Leisnoi for the purchase and sale of the Termination Point CE. This agreement would obviously not obligate the Borough to take the CEs; it would just allow for the purchase of the CE should we find a holder (potentially the Borough). The Long Island appraisal is a little behind the Termination Point schedule; the initial appraisal (pre -review) should be finished within the next couple of weeks. In addition to the Phase I we completed on Termination Point, the federal government also requires an environmental assessment (which includes a site visit) since they must hold an interest in the easement (pursuant to EVOS rules). I have been working with BLM to schedule this site visit for October. It doesn't take long after the site visit to complete their report, and they will piggy back off of the Phase 1. As far as Long Island goes, we are working with DEC and the Army Corps to learn more about the cleanup effort completed in 2005. We are in the process of acquiring data that will help us determine next steps. Any state/fed environmental assessment work would follow that. We will of course keep you and the Assembly posted. 1 am still hopeful, if the Borough decides to hold the easement and depending on its review and timing, that we could close on the Termination Point CE by the end of the calendar year. That is all dependent on review, of course, and we do not want the Borough to feel rushed! Nor do we want the Borough to feel obligated to do anything, and we understand we are still at the beginning of the conservation easement review process and we will absolutely take the time that the Borough needs. These timing estimates are just possible timelines should everything come together. For Long Island, I see closing being no earlier than next spring, and it will depend on the clean up data and associated timing. We also need a survey to separate the Long Island property into two legally -describable areas (Parcel A and B easements); I have Page 32 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. been working to contract this with St. Denny, but haven't had any luck so 1 will start reaching out to other contractors. Nova, could you please share this update with the Assembly, if you think that's appropriate? And Duane and Nova, please let me know if attending the August I Ith meeting would be useful for the Assembly members. We are happy to answer any questions or help however we can, so please don't hesitate to get in touch with any other requests or questions in the meantime. Austin Austin Quinn -Davidson i Legal Affairs & Land Transactions Director I austin0areatlandtrust ora i 190 71 2 7 8-0998 www greatlandtrust ora ( @greatlandtrust i fb.condgreatlandtrust Page 33 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 LEISNOI CONSERVATION EASEMENT LONG ISLAND PARCEL A THIS LONG ISLAND PARCEL A CONSERVATION EASEMENT ("Conservation Easement") is entered into as of this day of by LEISNOI, INC. ("Leisnoi"), a Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act ("ANCSA"), 43 U.S.C. § 1601, et. seq., as amended (hereinafter with its successors and assigns), whose address of record is 341 W. Tudor Road, Suite 204, Anchorage, Alaska 99503 ("Grantor'), by the KODIAK ISLAND BOROUGH and its assigns ("Borough"), whose address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398, and by the UNITED STATES OF AMERICA ("United States"), and its assigns, whose address is Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, # 13, Anchorage, Alaska 99513- 7504, (the Borough and the United States are also referred to herein individually as "Grantee" and collectively as the "Grantees'), pursuant to the Agreement for the Sale and Purchase of Interests in Land on Long Island, Alaska (Leisnoi Long Island Parcels A and B), dated ("Purchase Agreement"). Collectively, Grantor, and Grantees are referred to herein as "the Parties" to this Conservation Easement. WHEREAS, the real property which is subject to this Conservation Easement ("Protected Property") is located on Long Island, an island approximately six miles east of the City of Kodiak, Alaska; and WHEREAS, pursuant to the provisions of ANCSA, the Grantor is the holder of title to the surface estate of the Protected Property, which is described more fully in Exhibit A, attached hereto and incorporated herein by reference and is also referred to herein as the "Long Island Parcel A"; and WHEREAS, the Protected Property contains natural, scenic, wooded and non -wooded lands and waters, providing important habitat and protection for species of migratory birds, fish and wildlife, including many that were injured as a result of the Eason Valdez oil spill ("EVOS") Page 34 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KOMAK ISLAND BOROUGH DRAFTS -5-2016 as described in the Final Restoration Plan adopted by the Faxon Valdez Oil Spill Trustee Council (the "Trustee Council"), on November 2, 1994 ("Conservation Values"); and WHEREAS, the Trustee Council has approved the use of joint settlement funds for acquisition by the Borough and the United States of a Conservation Easement on the Protected Property, to ensure that the restoration objectives of the Trustee Council, as described in the Purpose section of this Conservation Easement, are achieved, subject to certain retained rights to be held by the Grantor in recognition of Grantor's cultural and subsistence ties to the land; and WHEREAS, subject to the rights to be granted to the Grantees, Grantor reserves and retains all other rights and privileges as landowner, including certain rights that are specified herein; and WHEREAS, the laws of the State of Alaska (Alaska Statute 34.17) provide for the conveyance to a governmental body, empowered to hold an interest in real property under the laws of the United States, of a non -possessory interest in real property imposing limitations or affirmative obligations to retain or protect natural, scenic, or open space values of real property, ensure its availability for agricultural, forest, recreational, or open space use, protect natural resources, maintain or enhance air or water quality, or preserve the historical, architectural, archaeological, or cultural aspects of real property; and WHEREAS, pursuant to the terms of this Conservation Easement, Grantor intends to convey to the Grantees a protective Conservation Easement interest in the Protected Property as provided herein; and WHEREAS, the Grantees have agreed to preserve and protect the Protected Property in perpetuity in order to preserve, protect, restore, enhance, or rehabilitate natural resources injured by the Faxon Valdez oil spill on the Protected Property and the services (including subsistence, recreation, tourism and sport hunting and fishing), provided by those natural resources; and WHEREAS, the Borough desires to provide opportunities for the public to undertake 3 Page 35 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISIAND BOROUGH DRAFr 8-5-2016 wildlife and wildlands recreational activities on the Protected Property that are consistent with the terms of this Conservation Easement and subject to such prohibitions, limitations and restrictions so as to maintain the Protected Property in its natural condition, and to further and not impair or interfere with the Trustee Council's habitat protection and restoration objectives as described in the Purpose section of this Conservation Easement•, and WHEREAS, pursuant to the terms of the Conservation Easement, the Grantor shall convey to the Grantees, and shall also retain for itself the independent, non-exclusive rights in perpetuity to enforce the terms of the Conservation Easement, including the preservation and protection of all natural resources and habitat values of the Protected Property, against the actions, claims or demands of Grantor, the Borough, the United States or any other person or entity in perpetuity; and NOW THEREFORE, pursuant to the laws applicable in the State of Alaska ("State"), in particular Alaska Statute 34.17, the ordinances of the Kodiak Island Borough, and in particular Chapter 18.10 of the Kodiak Island Borough Code, and the laws of the United States, in particular 43 U.S.C. § 1715, and for and in consideration of S , lawful money of the United States, receipt of which has been acknowledged, Grantor does hereby grant and convey to Grantees, and their successors and assigns, forever, with special warranties of title subject to conditions, restrictions and limitations of record, the Conservation Easement as set forth herein in perpetuity over the Protected Property of the nature and character and to the extent hereinafter set forth, as to the Protected Property described below, provided, however, nothing in such Title 18 or in any other provision of the Kodiak Island Borough Code shall authorize the Borough to take any action in conflict with the terms of this Conservation Easement. Such Protected Property shall be subject to valid existing rights, including reservations, easements, and exceptions in the U.S. Patent, or other state or federal conveyance, and in acts authorizing the issuance thereof, and easements, rights-of-way, covenants, conditions, reservations, and restrictions, if any, of record. The Conservation Easement described herein is being granted by the Grantor to the Grantees in order to preserve and protect the Protected Property as provided herein while 3 Page 36 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 allowing for limited public use consistent with the purposes, restrictions and other terms in this Conservation Easement. Acceptance of and recording of this Conservation Easement by Grantees shall evidence Grantees' acceptance of and agreement to all of its terms and their understanding that the property rights of the Grantor and its successors and assigns in and to the Protected Property are conveyed, conditioned and restricted by this Conservation Easement as expressly provided for herein. The Grantor reserves to itself, its shareholders, and its successors and assigns, all rights not expressly conveyed herein. The rights reserved to Grantor include, but are not limited to, those rights enumerated in Section IV, Leisnoi's Retained Rights and Privileges as Landowner, in addition to all rights as fee owner, including the right to use the property for all purposes not prohibited by or inconsistent with this Conservation Easement. L PURPOSE The purpose of this Conservation Easement is to ensure that the Conservation Values of the Protected Property will be protected and maintained in perpetuity and to prevent any use or alteration of the Protected Property that will impair, degrade or interfere with its natural habitat protection and EVOS restoration goals and objectives. This includes management for the protection of its natural forested and non -forested areas, including riparian areas, wetlands and shorelines, and other ecological values, as well as the conservation and protection of migratory bird, fish and wildlife resources and their habitats on the Protected Property. Consistent with the specific provisions of this Conservation Easement, this Conservation Easement will confine the use of the Protected Property to activities that are consistent with the protection and preservation of the Protected Property in perpetuity. In furtherance of these conservation purposes, the Borough shall manage the Protected Property strictly in accordance with this Conservation Easement and may also manage the Protected Property pursuant to Borough ordinances, so long as such management is not in violation of this Conservation Easement (recognizing that structures and conditional uses will not be allowed under this Conservation Easement); provided, however, should the terns of the Borough's ordinances be inconsistent with this Conservation Easement, the Conservation Easement shall supersede the Borough's ordinances. Closures or additional restrictions or limitations on the public's use of the Protected Property may be instituted by the Borough or the United States for the protection of public safety or to ensure the 4 Page 37 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 purposes of this Conservation Easement are fulfilled. The Parties further shall ensure that the reservation and enjoyment of all legal and other rights not specifically granted to the Grantees by this Conservation Easement or listed as Prohibited or Restricted Uses or Activities below, shall be reserved to the Grantor as the landowner of the Protected Property. If. RIGHTS CONVEYED TO GRANTEES To accomplish the purposes of this Conservation Easement, the following rights are conveyed to Grantees, together with the rights to enforce all the terns, including the restrictive provisions, set forth in this Conservation Easement; provided, however, that nothing in this Conservation Easement shall be construed to create an affirmative obligation of the Grantees to restore or enhance any particular natural resources, habitat or services on the Protected Property or to take any particular enforcement action: a. To enter upon the Protected Property at any time and without permission from the landowner, in order to achieve the purposes of and/or enforce the terms of this Conservation Easement. b. To enter upon the Protected Property at any time, and without permission of the landowner, to perform any activities in order to protect, restore or replace the natural resources, habitat or services injured or reduced by the Faxon Valdez Oil Spill. However, nothing herein shall be construed to create an affirmative obligation of the Grantees to restore or replace any particular natural resources or services on the Protected Property. c. To prevent any activity on or use of the Protected Property that is inconsistent with the purposes of this Conservation Easement and, in the event the Protected Property is damaged or degraded by any inconsistent activity or use, to require the restoration of such areas or features of the Protected Property at the sole cost and expense of those 5 Page 38 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAt' r 8-5-2016 responsible for the damage. d. At the discretion of the Borough, and upon consultation with Grantor and the written concurrence of the United States Department of the Interior, Bureau of Land Management, the Borough may plan, arrange for, conduct or authorize: (1) surveys, mapping, marking of boundaries, taking videos and photographs, and preparing other documentation to facilitate administration of this Conservation Easement; (2) fish, wildlife, bird and habitat surveys and research by all customary means and techniques, which can include the use of aircraft, radio telemetry, and live captures and tagging or the establishment of limited, multi-year research vegetation plots. Any information obtained pursuant to the provisions of this Section (d) shall be made available by the Borough to Grantor upon its request as allowed by law. e. To monitor, assess and police permissible and impermissible uses of the Protected Property. The Borough may prohibit, regulate or restrict any uses that might be incompatible with the protection of the Protected Property in its natural condition or which may cause damage to the Protected Property, and it may require permits or other approvals for specific uses of the Protected Property as deemed desirable under authorities provided in applicable laws, provided such required permits or other approvals shall not diminish or preclude the exercise hereunder by Grantor of its retained rights in any way. Grantees may take appropriate enforcement or other legal action at any time as necessary or in individual cases. However, nothing herein shall be construed to preclude the Borough or the United States from taking any affirmative action to enforce any existing rule, policy or agreement with respect to the Protected Property. If the Grantees charge any person, entity, organization, or others a fee for such required permits or other approvals, such fees shall only be to the extent authorized by statute and/or regulation and are only intended to cover the costs associated with the administration of carrying out the intent of this Conservation Easement. f. The Borough may provide for reasonable public use of the Protected Property for li Page 39 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 recreational uses and the taking of fish and wildlife in compliance with applicable codes and other laws, but only to the extent consistent with this Conservation Easement and in a manner and subject to any such closures, limitations or restrictions as are warranted for the protection of public safety or in order to assure the protection and preservation of the natural resources and habitats of the Protected Property in perpetuity. In this regard, the Parties agree that this Conservation Easement shall provide the Grantees with property interests sufficient for them to apply and enforce on the Protected Property all laws, regulations and plans applicable to public lands in Alaska, provided, however, the exercise of such interests by Grantees shall not be in conflict with the rights retained by Grantor hereunder. g. The Grantees shall be entitled to enforce on a non-exclusive basis against each other, the Grantor, and any other person or entity, their successors or assigns, this Conservation Easement and in particular the terms setting forth Prohibited and Restricted Uses and Activities in Section III below. h. The Parties acknowledge that the interest of the Borough in the Protected Property and this Conservation Easement is subject to the right of the State of Alaska to assume the Borough's interest in the Protected Property upon the State's giving notice to the Borough of its election, in which event the Borough shall transfer to the State all of its interest under this Conservation Easement at no cost to the State. After such transfer the Borough shall no longer have an interest in the Protected Property or this Conservation Easement. The State and the Borough shall execute an acknowledgment of such transfer, the terms of which shall be approved by the United States and the Grantor, which transfer shall be recorded. III. PROHIBITED USES (a) RESTRICTED USES: The following listed uses and activities are prohibited on the Protected Property except as determined by both the Borough and the Bureau of Land Management, U.S. Department of the Interior, or their respective successors in 7 Page 40 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 administrative function, to be necessary: (1) to further the accomplishment of the habitat protection and restoration objectives for which the Conservation Easement to the Protected Property was acquired using Trustee Council funds; (2) to the extent consistent with these protective and restoration Trustee Council objectives, to conduct research on the Protected Property in accordance with restrictions and prohibitions in this Conservation Easement and applicable laws pertaining to lands within the State (whether carried out by the Borough, an entity approved by the Borough, or its successors in administrative function); or (3) to convey information to the public to protect public safety or natural resources. Notwithstanding the foregoing, an excepted use or activity under this paragraph (a) is allowed only if it does not have any significant negative impact on the habitat protection and restoration objectives of the Trustee Council and, in particular, if it does not have any negative impact as described in Subsections (i) thin (vii) hereof: (i) filling, excavating or otherwise disturbing or changing the natural surface or topography of the Protected Property in any manner except as is reasonably necessary to provide for and maintain non -motorized, pedestrian trails for reasonable access for public use or for necessary emergency response purposes; (ii) removing, destroying, cutting or clearing trees, brush or other plants or planting trees or plants on the Protected Property, except as is reasonably necessary to provide for and maintain non -motorized, pedestrian trails on the Protected Property or for necessary emergency response purposes; (iii) using biocides or other chemicals except by the Borough, with the written concurrence of the U.S. Department of the Interior, Bureau of Land Management, as necessary to control or remove non-native fish, wildlife or plants; (iv) manipulating or altering natural water courses, shorelines, marshes or other 8 Page 41 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISL%ND BOROUGH DRAFT 5-5-2016 water bodies or conducting or allowing activities or uses that are detrimental to water quality or purity on the Protected Property; (v) operation of all -terrain or other motorized vehicles, boats, aircraft or fuel caching, except to the extent reasonably necessary for maintaining and repairing pedestrian trails and for emergency response purposes and then only if its impact is minimal; (vi) discharge of firearms or other explosives, except that use of firearms for hunting in accordance with the teens of this Conservation Easement and applicable laws is permitted, while recreational and target shooting are prohibited; and (vii) trapping of any nature, whether recreational, or for commercial or subsistence hunting purposes. (b) PROHIBITED ACTIVITIES The following listed uses and activities by any person are prohibited on the Protected Property: (i) constructing or placing permanent or temporary buildings, fixed or improved camp sites, subdivisions, accommodations or mobile homes, roads, parking lots, utility towers, fences, billboards, signs, or any other structures or improvements on the Protected Property, except for limited pedestrian trails and signage required for the management of public use on the Protected Property and unless such signs are in compliance with Section IV.b of this Conservation Easement; (ii) the introduction of fish, wildlife or plants which are not native to Kodiak Island, Alaska, agricultural uses, or wild fish or game farming, including, but not limited to, farm crops, aquaculture, hatcheries, the grazing of domestic animals or the introduction of reindeer or bison; and W Page 42 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFr 8-5-2016 (iii) the placing, storing or dumping of garbage, trash, other unsightly or offensive items or material and/or hazardous materials or substances. Nothing herein shall be deemed to create in any third party beneficiary any rights or privileges under this Conservation Easement or the right to enforce any of its terms or covenants. Grantor agrees that this Conservation Easement and all its restrictive covenants shall run with the lands and shall be binding upon Grantor, its successors and assigns, and including, without limitation, upon the Grantees, except where such action by the Grantees is specifically authorized by this Conservation Easement. In the event title to all or a portion of the Protected Property is ever acquired by the Borough, the State or United States or a successor entity, the Parties intend that no merger of title shall take place. Notwithstanding a future vesting of title in the Borough, the State or United States or a successor entity, the restrictions in this Conservation Easement shall continue and remain as permanent restrictions on the use of the Protected Property forever. IV. LEISNOPS RETAINED RIGHTS AND PRIVILEGES AS LANDOWNER Grantor reserves, retains and continues to have all legal rights and privileges as landowner that do not unreasonably interfere with or violate the covenants, rights and restrictions and prohibited activities, which rights and privileges were granted to the Borough or its assigns and the United States by and through this Conservation Easement, including the rights and privileges set forth below: a. Grantor reserves and retains, to the extent it held the exclusive ownership of the Protected Property prior to the grant of this Conservation Easement, the rights to Alaska Native human remains, historic and prehistoric archaeological and cultural artifacts ("Artifacts') located on the Protected Property, including the right to remove the Artifacts from the lands subject to the Conservation Easement as provided herein, and nothing in this Conservation Easement diminishes the pre-existing ownership [if] Page 43 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 rights of Grantor in such Artifacts. In addition, with respect to such Artifacts, Grantor retains all rights that may be afforded as specified in the Native American Graves Protection and Repatriation Act, the Archaeological Resources Protection Act, the National Indian Forest Resources Management Act, the National Museum of the American Indian Act, the Indian Arts and Crafts Act, the Native American Language Acts, and related laws of the State of Alaska, including the Alaska Historic Preservation Act. The Parties agree to meaningfully consult with each other prior to any excavations or removal of any Artifacts, and Grantor shall comply with all laws and regulations governing the excavation or removal of any such Artifacts that would have been applicable to such Artifacts if this Conservation Easement had not been granted. b. Grantor retains the right, consistent with signage standards established and applied by the Borough, to install a reasonable number of signs at the boundaries of the Protected Property informing visitors of Grantor's retained ownership and rights. Grantor agrees to work cooperatively with the Borough on the sign types, sizes, use of natural materials, blending of signs with the local landscape, and wording, to ensure Grantor's signs are compatible with comparable Borough signs. No advertising signs are to be placed on the Protected Property. The Borough has the right to install its own signs on the Protected Property. The Party installing a sign shall continue to be responsible for its maintenance, replacement or removal, as reasonably necessary. c. Grantor shall maintain the rights to any and all air emission offset or carbon credit values that may be derived from the Protected Property, including but not limited to offset or credit values derived from the carbon sequestration capacity of the timber on the Protected Property, and the right to transfer such credits to a third party on such terns as Grantor may elect, so long as the transfer is made subject to all the terms and conditions of this Conservation Easement in perpetuity. The reservation or exercise of these rights must be in accordance with this Conservation Easement and shall not create any burden or duty on the Borough or the United States at the time of the Page 44 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 5-5-2016 purchase of this Conservation Easement in the Protected Property or at any time in the future. Grantor shall have the right to enter the Protected Property as may be necessary to view, assess, survey or measure the air emission offset or carbon credit values, in a manner which is customary to accomplish the measurements, so long as no substantial ground disturbance or other damage to or alteration of, the Protected Property results. In the event Grantor sells, leases, exchanges or otherwise transfers ("transfers") any interest in such retained carbon credit values to a third person or entity ("transferee"), as a condition of such transfer, Grantor shall include a copy of this Conservation Easement in the transfer documents provided to the transferee and require as a term and condition of such transfer that the transferee shall take the interest in such carbon credit values subject to the terms of this Conservation Easement. Any subsequent transfer of an interest in such carbon credit values shall also comply with the requirements of this paragraph and shall be subject to the terms of this Conservation Easement. Grantor, or its successor transferees in the event of subsequent transfers of the carbon credits, shall provide written notice to Grantees within thirty days of any transfer of an interest in the carbon credit values, including the name, address and electronic contact information for the transferee in any such transaction. d. Grantor retains the right for its individual shareholders to engage in subsistence uses, on the Protected Property, without a fee being charged to the shareholders for the use of the land. Such subsistence uses shall be in accordance with applicable State law, including the ability to hunt, fish, trap, and gather edible and medicinal plants and berries, for personal or family consumption, so long as such activities are otherwise consistent with the restrictions and prohibitions in this Conservation Easement and are in compliance with applicable laws and regulations governing hunting and fishing and subsistence uses on State lands. The use of live trees or plants for subsistence activities is prohibited except for the non-commercial harvest of berries and other edible plants. Motorized vehicles shall not be allowed on the Protected Property for subsistence activities. Nothing herein shall prevent the Borough from further 12 Page 45 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFr 8-5-2016 restricting or making closures on the Protected Property to some or all subsistence uses, where such action by the Borough is reasonably necessary to protect public safety or to conserve healthy populations of fish, wildlife and plants and their habitats consistent with the purposes of this Conservation Easement. The subsistence rights reserved to Grantor herein do not include authorization for the taking of wild, renewable resources by Leisnoi's shareholders for sport or commercial purposes or the conduct of commercial activities on the Protected Property by Leisnoi's shareholders. e. To the extent a local preference is available under applicable law, Grantor reserves the right to enter into contracts with the Borough that may be authorized by the Grantee to carry out the habitat protection and restoration objectives of this Conservation Easement and for which a local preference is available, on terms to be negotiated between the Parties. Any such contracts must comply with all legally applicable procedures and requirements of the Borough for such contracts, including all procurement requirements. In the event a local preference is not available, upon Grantor's request, the Borough agrees to provide reasonable advance notice to Grantor of any opportunities for such contracts the Borough intends to make available for competitive bid or other form of solicitation and Grantor may participate in any such solicitation on an equal basis with other bidders. This provision applies only when the Borough elects to contract for such services and does not prevent Grantee from using its own employees to accomplish the work. f. The Grantor and the United States shall be entitled to enforce on a non-exclusive basis against the Borough, and any other person or entity, their successors or assigns, this Conservation Easement and in particular the terms setting forth Prohibited and Restricted Uses and Activities in Section 111 above. g. The Protected Property shall forever be deemed to be real property conveyed to Grantor pursuant to the provisions of ANCSA and, as such, the Parties intend that the Protected Property shall not be deemed to have been improved, developed, subdivided, or otherwise subject to any form of taxation imposed upon the Grantor so 13 Page 46 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRArr 5-5-2016 long as the Protected Property is managed in accordance with the terms of this Conservation Easement. A Party may bring or defend any legal action regarding any tax obligations in its discretion, but no Party is required to defend or indemnify another Party as a result of this Conservation Easement. V. GENERAL a. Neither the Grantor nor the Grantees may assign or otherwise transfer their respective rights or duties under this Conservation Easement, whether voluntarily or otherwise, except as permitted by this paragraph and the provisions of Section ll.h. Any purported assignment or transfer in violation of this paragraph is void. Notwithstanding the prohibition on assignment or transfer, the Borough may assign or transfer all its rights and duties under this Conservation Easement to the State of Alaska, so long as the State agrees to accept the Conservation Easement according to its terms and all applicable laws and procedures. No other assignment or transfer of the Conservation Easement shall be allowed. b. Grantor shall not be responsible for the independent acts or omissions of its shareholders in violation of the terms of the Conservation Easement unless they are acting at Grantor's specific direction and under Grantor's control. However, Grantor shall remain responsible for the acts of persons (including shareholders) acting on its behalf at Grantor's specific direction and under Grantor's control. Grantees shall not have a right to hold Grantor liable or seek payment of any fines and/or penalties for the independent actions of its shareholders unless Grantor directs or authorizes the acts or omissions of such shareholders. After compliance with the requirements in Section Me of this Conservation Easement for transfer of an interest in carbon credit values, Grantor shall not be liable for the subsequent actions of a third party which, pursuant to Section Mc, has received an interest in the rights to carbon credits held by Grantor in the lands subject to the Conservation Easement. c. No amendment or waiver of this Conservation Easement is effective which adversely 14 Page 47 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 impacts the habitat protection and restoration objectives of the Trustee Council or removes the restrictive covenants or prohibitions from the Protected Property. No other amendment or waiver of any provision of this Conservation Easement is valid or effective unless it is in writing and signed by all Parties to this Conservation Easement and legally recorded. d. In the event of a violation of this Conservation Easement, a Party has the right at any time independently to exercise any legal or equitable right or remedy to enforce this Conservation Easement that may be available to the Party under applicable law and which is authorized by this Conservation Easement. Such remedies include, but are not limited to: declaratory or injunctive relief, compensatory damages, restitution and/or attorney fees, which may be sought through a civil action in the courts. A violation of one or more provisions of this Conservation Easement shall not render this Conservation Easement or any portion of it unenforceable or invalid; nor may a Party unilaterally or by agreement with another Party terminate this Conservation Easement, which is intended to apply in perpetuity. e. The Grantor hereby covenants to and with the Grantees, their successors and assigns, that the Grantor is lawfully seized of the surface estate in the Protected Property which is subject to this Conservation Easement, has a good and lawful right and power to sell and convey rights to the same, that the same is free and clear of encumbrances, except as noted herein and that the Grantor will forever warrant and defend the Conservation Easement conveyed herein and the quiet possession thereof, against the claims and demands of all persons claiming through the Grantor. TO HAVE AND TO HOLD unto Grantees, their successors and assigns, forever. IN WITNESS WHEREOF, Leisnoi, Inc., the Kodiak Island Borough and the United States of America have hereunto set their hands and seals effective the day first above written. (Signatures on following pages) 15 Page 48 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 LEISNOI, INC. Date: By: Jana Turvey Its: Chief Executive Officer STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 201, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and swom, personally appeared JANA TURVEY, Chief Executive Officer of Leisnoi, Inc., to me known to be the person who represented herself to be, and who executed the above and foregoing LONG ISLAND PARCEL A CONSERVATION EASEMENT on behalf of Leisnoi, Inc., freely and voluntarily and by authority of its Board of Directors for the use and purposes therein described. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 16 Page 49 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 5-5-2016 KODIAK ISLAND BOROUGH ACCEPTANCE In Testimony Whereof, the Grantee Kodiak Island Borough hereby accepts the foregoing LONG ISLAND PARCEL A CONSERVATION EASEMENT conveying to the Borough and its assigns those interests in land described herein, through the signature of its authorized officer below pursuant to delegated authority, this _ day of 201 By: [Name and Title] Kodiak Island Borough STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 201_, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared the 'who is known to be the person who has been lawfully delegated the authority of the to execute the foregoing LONG ISLAND PARCEL A CONSERVATION EASEMENT document under such legal authority, freely and voluntarily, and with knowledge of its contents, and who acknowledged said document before me on behalf of Grantee Kodiak Island Borough for the uses and purposes therein described. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 17 Page 50 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5.2016 ACCEPTANCE BY UNITED STATES OF AMERICA Pursuant to 43 U.S.C. § 1715, the Grantee United States hereby accepts the foregoing LONG ISLAND PARCEL A CONSERVATION EASEMENT conveying to the United States of America and its assigns, those interests in lands described herein, pursuant to delegated authority, this this day of 201_. THE UNITED STATES OF AMERICA By: Bud Cribley, Alaska State Director Bureau of Land Management United States Department of the Interior STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 201, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and swom, personally appeared BUD CRIBLEY, Alaska State Director, Bureau of Land Management, United States Department of the Interior, to me known to be the person who represented himself to be, and who executed the above and foregoing LONG ISLAND PARCEL A CONSERVATION EASEMENT on behalf of the United States of America freely and voluntarily under such legal authority for the uses and purposes therein described. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 18 Page 51 of 112 Update on Termination Point and Long Island - Austin Quinn D... GRANTEE KODIAK ISLAND BOROUGH Dlttt-r 8-5-2016 After Recording Return to: Kodiak Island Borough [dept. or ofcerl 710 Mill Bay Road Kodiak, Alaska 99615-6398 With a Conformed Copy to: Bureau of Land Management Alaska State Office 222 West Seventh Avenue, 413 Anchorage, Alaska 99513-7504 STATE BUSINESS — NO CHARGE Location Index: [ADD LOCATION INDEX] 19 AGENDA ITEM #2.a. Page 52 of 112 Update on Termination Point and Long Island - Austin Quinn D... GRANTEE KODIAK ISLAND BOROUGH DRAT r 8-5-2016 AGENDA ITEM #2.a. [INSERT EXHIBITS A and A-1] Legal Description of Long Island Parcel A and Map 30 Page 53 of 112 Update on Termination Point and Long Island -Austin Quinn D... GRANTEE KODIAK ISLAND BOROUGH DRAvr 8-5-2016 AGENDA ITEM #2.a. LEISNOI CONSERVATION EASEMENT LONG ISLAND PARCEL B THIS LONG ISLAND PARCEL B CONSERVATION EASEMENT ("Conservation Easement") is entered into as of this day of 201_ by LEISNOI, INC. ("Leisnoi"), a Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act ("ANCSA"), 43 U.S.C. § 1601, el. seq., as amended (hereinafter with its successors and assigns), whose address of record is 341 W. Tudor Road, Suite 204, Anchorage, Alaska 99503 ("Grantor"), by the KODIAK ISLAND BOROUGH and its assigns ("Borough"), whose address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398 and by the UNITED STATES OF AMERICA ("United States"), and its assigns, whose address is Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, # 13, Anchorage, Alaska 99513- 7504, (the Borough and the United States are also referred to herein individually as "Grantee" and collectively as the "Grantees"), pursuant to the Agreement for the Sale and Purchase of Interests in Land on Long Island, Alaska (Leisnoi Long Island Parcels A and B), dated ("Purchase Agreement"). Collectively, Grantor and Grantees are referred to herein as "the Parties" to this Conservation Easement. WHEREAS, the real property which is the subject of this Conservation Easement ("Protected Property") is located on Long Island, an island approximately six miles east of and near the City of Kodiak, Alaska; and WHEREAS, pursuant to the provisions of ANCSA, the Grantor is the holder of title to the surface estate of the Protected Property, which is described more fully in Exhibits A and A -I (legal description and map), attached hereto and incorporated herein by reference and is also referred to herein as the "Long Island Parcel B"; and WHEREAS, the Protected Property contains natural, scenic, wooded and non -wooded lands and waters, providing important habitat and protection for species of migratory birds, fish and wildlife, including many that were injured as a result of the Exron Valdez oil spill ("EVOS") Page 54 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 as described in the Final Restoration Plan adopted by the Faxon Valdez Oil Spill Trustee Council (the "Trustee Council'), on November 2, 1994 ("Conservation Values"); and WHEREAS, the Trustee Council has approved the use of joint settlement funds for acquisition by the Borough and the United States of a Conservation Easement on the Protected Property, to ensure that the restoration objectives of the Trustee Council, as described in the Purpose section of this Conservation Easement, are achieved, subject to certain retained rights to be held by the Grantor in recognition of Grantor's cultural and subsistence ties to the land; and WHEREAS, subject to the rights to be granted to the Grantees, Grantor reserves and retains all other rights and privileges as landowner, including certain rights that are specified herein; and WHEREAS, the laws of the State of Alaska (Alaska Statute 34.17) provide for the conveyance to a governmental body, empowered to hold an interest in real property under the laws of the United States, of a non -possessory interest in real property imposing limitations or affirmative obligations to retain or protect natural, scenic, or open space values of real property, ensure its availability for agricultural, forest, recreational, or open space use, protect natural resources, maintain or enhance air or water quality, or preserve the historical, architectural, archaeological, or cultural aspects of real property; and WHEREAS, pursuant to the terms of this Conservation Easement, Grantor intends to convey to the Grantees a protective Conservation Easement interest in the Protected Property as provided herein; and WHEREAS, the Grantees have agreed to preserve and protect the Protected Property in perpetuity in order to preserve, protect, restore, enhance, or rehabilitate natural resources injured by the Exxon Valdez oil spill on the Protected Property and the services (including subsistence, recreation, tourism and sport hunting and fishing), provided by those natural resources; and E Page 55 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 WHEREAS, pursuant to the terms of the Conservation Easement, the Grantor shall convey to the Grantees, and shall also retain for itself the independent, non-exclusive rights in perpetuity to enforce the terms of the Conservation Easement, including the preservation and protection of all natural resources and habitat values of the Protected Property, against the actions, claims or demands of Grantor, the Borough, the United States or any other person or entity in perpetuity; and NOW THEREFORE, pursuant to the laws applicable in the State of Alaska ("State"), in particular Alaska Statute 34.17, the ordinances of the Kodiak Island Borough, and in particular Chapter 18.10 of the Kodiak Island Borough Code, and the laws of the United States, in particular 43 U.S.C. § 1715, and for and in consideration of $ 'lawful money of the United States, receipt of which has been acknowledged, Grantor does hereby grant and convey to Grantees, and their successors and assigns, forever, with special warranties of title subject to conditions, restrictions and limitations of record, the Conservation Easement as set forth herein in perpetuity over the Protected Property of the nature and character and to the extent hereinafter set forth, as to the Protected Property described below, provided, however, nothing in such Title 18 or in any other provision of the Kodiak Island Borough Code shall authorize the Borough to take any action in conflict with the terms of this Conservation Easement. Such Protected Property shall be subject to valid existing rights, including reservations, easements, and exceptions in the U.S. Patent, or other state or federal conveyance, and in acts authorizing the issuance thereof, and easements, rights-of-way, covenants, conditions, reservations, and restrictions, if any, of record. The Conservation Easement described herein is being granted by the Grantor to the Grantees in order to preserve and protect the Protected Property as provided herein while allowing for limited use consistent with the purposes, restrictions and other terms in this Conservation Easement. Acceptance of and recording of this Conservation Easement by Grantees shall evidence Grantees' acceptance of and agreement to all of its terms and their understanding that the property rights of the Grantor and its successors and assigns in and to the Protected Property are conveyed, conditioned and restricted by this Conservation Easement as expressly provided for herein. The Grantor reserves to itself, its shareholders, and its successors 3 Page 56 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KoUtAK ISLAND BOROUGH DRAFr 8-5-2016 and assigns, all rights not expressly conveyed herein. The rights reserved to Grantor include, but are not limited to, those rights enumerated in Section IV, Leisnoi's Retained Rights and Privileges as Landowner, in addition to all rights as fee owner, including the right to use the property for all purposes not prohibited by or inconsistent with this Conservation Easement. L PURPOSE The purpose of this Conservation Easement is to ensure that the Conservation Values of the Protected Property will be protected and maintained in perpetuity and to prevent any use or alteration of the Protected Property that will impair, degrade or interfere with its natural habitat protection and EVOS restoration goals and objectives. This includes management for the protection of its natural forested and non -forested areas, including riparian areas, wetlands and shorelines, and other ecological values, as well as the conservation and protection of migratory bird, fish and wildlife resources and their habitats on the Protected Property. Consistent with the specific provisions of this Conservation Easement, this Conservation Easement will confine the use of the Protected Property to activities that are consistent with the protection and preservation of the Protected Property in perpetuity. In furtherance of these conservation purposes, the Borough shall manage the Protected Property strictly in accordance with this Conservation Easement and may also manage the Protected Property pursuant to Borough ordinances, so long as such management is not in violation of this Conservation Easement (recognizing that structures and conditional uses will not be allowed under this Conservation Easement, except as specifically authorized pursuant to Grantor's retained rights in Section IV); provided, however, should the terms of the Borough's ordinances be inconsistent with this Conservation Easement, the Conservation Easement shall supersede the Borough's ordinances. Closures or additional restrictions or limitations on the public's use of the Protected Property may be instituted by the Borough or the United States for the protection of public safety or to ensure the purposes of this Conservation Easement are fulfilled. The Parties further shall ensure that the reservation and enjoyment of all legal and other rights not specifically granted to the Grantees by this Conservation Easement or listed as 4 Page 57 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 Prohibited or Restricted Uses or Activities below, shall be reserved to the Grantor as the landowner of the Protected Property. H. RIGHTS CONVEYED TO GRANTEES To accomplish the purposes of this Conservation Easement, the following rights are conveyed to Grantees, together with the rights to enforce all the terns, including the restrictive provisions, set forth in this Conservation Easement; provided, however, that nothing in this Conservation Easement shall be construed to create an affirmative obligation of the Grantees to restore or enhance any particular natural resources, habitat or services on the Protected Property or to take any particular enforcement action: a. To enter upon the Protected Property at any time and without permission from the landowner, in order to achieve the purposes of and/or enforce the terms of this Conservation Easement, provided however, nothing herein shall constitute a grant of public access to the Protected Property, except as provided in Section Il.f hereof. b. To enter upon the Protected Property at any time, and without permission of the landowner, to perform any activities in order to protect, restore or replace the natural resources, habitat or services injured or reduced by the Ecvon Valdez Oil Spill. However, nothing herein shall be construed to create an affirmative obligation of the Grantees to restore or replace any particular natural resources or services on the Protected Property. c. To prevent any activity on or use of the Protected Property that is inconsistent with the purposes of this Conservation Easement and, in the event the Protected Property is damaged or degraded by any inconsistent activity or use, to require the restoration of such areas or features of the Protected Property at the sole cost and expense of those responsible for the damage. d. At the discretion of the Borough, and upon consultation with Grantor and the written R Page 58 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 concurrence of the United States, Bureau of Land Management, the Borough may plan, arrange for, conduct or authorize: (1) surveys, mapping, marking of boundaries, taking videos and photographs, and preparing other documentation to facilitate administration of this Conservation Easement; (2) fish, wildlife, bird and habitat surveys and research by all customary means and techniques, which can include the use of aircraft, radio telemetry, and live captures and tagging or the establishment of limited, multi-year research vegetation plots. Any information obtained pursuant to the provisions of this Section (d) shall be made available by the Borough to Grantor upon its request as allowed by law. e. To monitor, assess and police permissible and impermissible uses of the Protected Property. The Borough may prohibit, regulate or restrict any uses not specifically retained and reserved by Grantor or for its guests as set forth in Section IV of this Conservation Easement or that might be incompatible with the protection of the Protected Property in its natural condition or which may cause damage to the Protected Property. However, nothing herein shall be construed to preclude the Borough or the United States from taking any affirmative action to enforce any existing rule, policy or agreement with respect to the Protected Property. f. The Borough may provide for use of the Protected Property but only to the extent consistent with this Conservation Easement and in a manner and subject to any such closures, limitations or restrictions as are warranted for the protection of public safety or in order to assure the protection and preservation of the natural resources and habitats of the Protected Property in perpetuity. There shall be no public access to the Protected Property unless the Grantor elects to permit such access on terms acceptable to Grantor. In this regard, the Parties agree that this Conservation Easement shall provide the Grantees with property interests sufficient for them to apply and enforce on the Protected Property all laws, regulations and plans applicable to public lands in Alaska, provided, however, the exercise of such interests by Grantees shall not be in conflict with the rights retained by Grantor hereunder. 0 Page 59 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFr 8-5-2016 g. The Grantees shall be entitled to enforce on a non-exclusive basis against each other, the Grantor, and any other person or entity, their successors or assigns, this Conservation Easement and in particular the terns setting forth Prohibited and Restricted Uses and Activities in Section III below. h. The Parties acknowledge that the interest of the Borough in the Protected Property and this Conservation Easement is subject to the right of the State of Alaska to assume the Borough's interest in the Protected Property upon the State's giving notice to the Borough of its election, in which event the Borough shall transfer to the State all of its interest under this Conservation Easement at no cost to the State. After such transfer the Borough shall no longer have an interest in the Protected Property or this Conservation Easement. The State and the Borough shall execute an acknowledgment of such transfer, the terms of which shall be approved by the United States and the Grantor, which transfer shall be recorded. III. PROHIBITED USES (a) RESTRICTED USES: Except to the extent the following uses and listed actions are specifically retained by Grantor pursuant to Section IV of this Conservation Easement, the following listed uses and activities are prohibited on the Protected Property except as determined by both the Borough and the Bureau of Land Management, U.S. Department of the Interior, or their respective successors in administrative function, to be necessary: (1) to further the accomplishment of the habitat protection and restoration objectives for which the Conservation Easement to the Protected Property was acquired using Trustee Council funds; (2) to the extent consistent with these protective and restoration Trustee Council objectives, to conduct research on the Protected Property in accordance with restrictions and prohibitions in this Conservation Easement and applicable laws pertaining to lands within the State (whether carried out by the Borough, an entity approved by the Borough, or its successors in administrative function); or (3) to convey information to the public to protect public safety or natural resources. Notwithstanding the foregoing, an excepted 7 Page 60 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KOWAK ISLAND BOROUGH DRAFr 8-5-2016 use or activity under this paragraph (a) is allowed only if it does not have any significant negative impact on the habitat protection and restoration objectives of the Trustee Council, and in particular, if it does not have any of the negative impacts as described in Subsections (i) thru (vii) hereof: (i) filling, excavating or otherwise disturbing or changing the natural surface or topography of the Protected Property in any manner except as is reasonably necessary to provide for and maintain non -motorized, pedestrian trails for reasonable access for public use or for necessary emergency response purposes; (ii) removing, destroying, cutting or clearing trees, brush or other plants or planting trees or plants on the Protected Property, except as is reasonably necessary to provide for and maintain non -motorized, pedestrian trails on the Protected Property or for necessary emergency response purposes; (iii) using biocides or other chemicals except by the Borough, with the written concurrence of the U.S. Department of the Interior, Bureau of Land Management, as necessary to control or remove non-native fish, wildlife or plants; (iv) manipulating or altering natural water courses, shorelines, marshes or other water bodies or conducting or allowing activities or uses that are detrimental to water quality or purity on the Protected Property; (v) operation of all -terrain or other motorized vehicles, boats, aircraft or fuel caching, except to the extent reasonably necessary for maintaining and repairing pedestrian trails and for emergency response purposes and then only if its impact is minimal; (vi) discharge of firearms or other explosives, except that use of firearms for 8 Page 61 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 hunting in accordance with the terms of this Conservation Easement and applicable laws is permitted, while recreational and target shooting are prohibited; and (vii) trapping of any nature, whether recreational, or for commercial or subsistence hunting purposes. (b) PROHIBITED ACTIVITIES: The following listed uses or activities by any person are prohibited on the Protected Property except if engaged in by Grantor or its authorized agents, to the extent specifically authorized in the retained rights reserved by the provisions of Section IV hereof. (i) constructing or placing permanent or temporary buildings, fixed or improved camp sites, subdivisions, accommodations or mobile homes, roads, parking lots, utility towers, fences, billboards, signs, or any other structures or improvements on the Protected Property, except for limited pedestrian trails and signage required for the management of public use on the Protected Property and unless such signs are in compliance with Section IV.b of this Conservation Easement; (ii) the introduction of fish, wildlife or plants which are not native to Kodiak Island, Alaska, agricultural uses, or wild fish or game farming, including, but not limited to, farm crops, aquaculture, hatcheries, the grazing of domestic animals or the introduction of reindeer or bison; and (iii) the placing, storing or dumping of garbage, trash, other unsightly or offensive items or material and/or hazardous materials or substances. Nothing herein shall be deemed to create in any third party beneficiary any rights or privileges under this Conservation Easement or the right to enforce any of its terms or covenants. Grantor agrees that this Conservation Easement and all its restrictive covenants shall run 9 Page 62 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 with the lands and shall he binding upon Grantor, its successors and assigns, and including, without limitation, upon the Grantees, except where such action by the Grantees is specifically authorized by this Conservation Easement. In the event title to all or a portion of the Protected Property is ever acquired by the Borough, the State or United States or a successor entity, the Parties intend that no merger of title shall take place. Notwithstanding a future vesting of title in the Borough, the State or United States or a successor entity, the restrictions in this Conservation Easement shall continue and remain as permanent restrictions on the use of the Protected Property forever. IV. LEISNOI'S RETAINED RIGHTS AND PRIVILEGES AS LANDOWNER a. Grantor reserves, retains and continues to have all the legal rights and privileges as landowner set out in this Section. Should Grantor's reserved rights in Section IV of this Conservation Easement conflict with the rights granted to Grantees under this Conservation Easement, the Grantor's reserved rights shall prevail. b. Grantor retains the rights to construct and operate on the Protected Property facilities ("Facilities") to promote the cultural education of Alaskan Natives primarily from the Kodiak Archipelago and their descendants, which may include without limitation the operation of a cultural center and retreat for youth and their families. All Facilities must be in conformance with any applicable federal, State and Kodiak Island Borough laws, codes and permitting requirements and, subject to such laws and requirements, may initially be comprised of a meeting hall and fifteen (15) family cabins. The majority of the construction will utilize logs harvested from the area to be cleared for the Facilities. The Facilities will include power, water and sanitation systems, as well as all-weather or hard surfaced paths and roads. As part of the initial construction, a boat landing will be built which will be connected to the Facility area by a hard surfaced road. Notwithstanding any other provision hereof, Leisnoi shall have the right to rent to third parties the Facilities it constructs, except that the facilities shall not be used as permanent residences. However, residence may be 10 Page 63 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFr 8-5-2016 provided for a Facilities caretaker and/or staff during the time of employment with or volunteering for the Grantor. Every five years, Grantor shall have the right to add five additional cabins to the Facilities area until the 25th anniversary of the execution of this Conservation Easement, when Grantor shall have the right to construct a lodge building with seventy-five rooms. All of the Grantor's Facilities, including family cabins, initial meeting hall and lodge building, should one be constructed, will be located upon a single, reasonably compact, tract of land not to exceed 50 acres in size, which shall be designated by Grantor on the Protected Property within the first year after the execution and recording of this Conservation Easement. The Facilities authorized under this paragraph shall not include any subdivisions or private residences. Outside of the 50 acre tract designated by Grantor, the prohibitions and restrictions set forth in Section III of this Conservation Easement shall continue to apply without limitation on the Protected Property notwithstanding this retained right. c. Grantor reserves and retains, to the extent it held the exclusive ownership of the Protected Property prior to the grant of this Conservation Easement, the rights to Alaska Native human remains, historic and prehistoric archaeological and cultural artifacts ("Artifacts' located on the Protected Property, including the right to remove the Artifacts from the lands subject to the Conservation Easement as provided herein, and nothing in this Conservation Easement diminishes the pre-existing ownership rights of Grantor in such Artifacts. In addition, with respect to such Artifacts, Grantor retains all rights that may be afforded as specified in the Native American Graves Protection and Repatriation Act, the Archaeological Resources Protection Act, the National Indian Forest Resources Management Act, the National Museum of the American Indian Act, the Indian Arts and Crafts Act, the Native American Language Acts, and related laws of the State of Alaska, including the Alaska Historic Preservation Act. The Parties agree to meaningfully consult with each other prior to any excavations or removal of any Artifacts, and Grantor shall comply with all laws and regulations governing the excavation or removal of any such Artifacts that would have been applicable to such Artifacts if this Conservation Easement had not been granted. Page 64 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFr 8-5-2016 d. Grantor retains the right, consistent with signage standards established and applied by the Borough, to install a reasonable number of signs at the boundaries of the Protected Property informing visitors of Grantor's retained ownership and rights as set forth in this Conservation Easement. Grantor agrees to work cooperatively with the Borough on the type of signs that the Grantor may install on the Protected Property, including the sizes, use of natural materials, blending of signs with the local landscape, and wording, to ensure Grantor's signs are compatible with comparable Borough's signs. No advertising signs are to be placed on the Protected Property. The Borough may not install signs on the Protected Property without the prior consent of Grantor, which consent may be withheld in the sole judgment of Grantor. The Party installing a sign shall continue to be responsible for its maintenance, replacement or removal, as reasonably necessary. e. Grantor shall maintain the rights to any and all air emission offset or carbon credit values that may be derived from the Protected Property, including but not limited to offset or credit values derived from the carbon sequestration capacity of the timber on the Protected Property, and the right to transfer such credits to a third party on such terms as Grantor may elect, so long as the transfer is made subject to all the terms and conditions of this Conservation Easement in perpetuity. The reservation or exercise of these rights must be in accordance with this Conservation Easement and shall not create any burden or duty on the Borough or the United States at the time of the purchase of this Conservation Easement in the Protected Property or at any time in the future. Grantor shall have the right to enter the Protected Property as may be necessary to view, assess, survey or measure the air emission offset or carbon credit values, in a manner which is customary to accomplish the measurements, so long as no substantial ground disturbance or other damage to or alteration of, the Protected Property results. In the event Grantor sells, leases, exchanges or otherwise transfers ("transfers") any interest in such retained carbon credit values to a third person or entity ("transferee"), 12 Page 65 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAPr 8-5-2016 as a condition of such transfer, Grantor shall include a copy of this Conservation Easement in the transfer documents provided to the transferee and require as a term and condition of such transfer that the transferee shall take the interest in such carbon credit values subject to the terms of this Conservation Easement. Any subsequent transfer of an interest in such carbon credit values shall also comply with the requirements of this paragraph and shall be subject to the terms of this Conservation Easement. Grantor, or its successor transferees in the event of subsequent transfers of the carbon credits, shall provide written notice to Grantees within thirty days of any transfer of an interest in the carbon credit values, including the name, address and electronic contact information for the transferee in any such transaction. E Grantor retains the right for its individual shareholders to engage in subsistence uses, on the Protected Property, without a fee being charged to the shareholders for the use of the land. Such subsistence uses shall be in accordance with applicable State law, including the ability to hunt, fish, trap, and gather edible and medicinal plants and berries, for personal or family consumption, so long as such activities are otherwise consistent with the restrictions and prohibitions in this Conservation Easement and are in compliance with applicable laws and regulations governing hunting and fishing and subsistence uses on State lands. The use of live trees or plants for subsistence activities is prohibited except for the non-commercial harvest of berries and other edible plants. Motorized vehicles shall not be allowed on the Protected Property for subsistence activities. Nothing herein shall prevent the Borough from further restricting or making closures on the Protected Property to some or all subsistence uses, where such action by the Borough is reasonably necessary to protect public safety or to conserve healthy populations of fish, wildlife and plants and their habitats consistent with the purposes of this Conservation Easement. The subsistence rights reserved to Grantor herein do not include authorization for the taking of wild, renewable resources by Leisnoi's shareholders for sport or commercial purposes or the conduct of commercial activities on the Protected Property by Leisnoi's shareholders. 13 Page 66 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAvy 8-5-2016 g. To the extent a local preference is available under applicable laws, Grantor reserves the right to enter into contracts with the Borough that may be authorized by the Borough to carry out the habitat protection and restoration objectives of this Conservation Easement and for which a local preference is available, on terms to be negotiated between the Parties. Any such contracts must comply with all legally applicable procedures and requirements of the Borough for such contracts, including all procurement requirements. In the event a local preference is not available, upon Grantor's request, the Borough agrees to provide reasonable advance notice to Grantor of any opportunities for such contracts the Borough intends to make available for competitive bid or other form of solicitation and Grantor may participate in any such solicitation on an equal basis with other bidders. This provision applies only when the Borough elects to contract for such services and does not prevent Grantee from using its own employees to accomplish the work. h. The Grantor and the United States shall be entitled to enforce on a non-exclusive basis against the Borough, and any other person or entity, their successors or assigns, this Conservation Easement and in particular the terms setting forth Prohibited and Restricted Uses and Activities in Section III above. i. The Protected Property shall forever be deemed to be real property conveyed to Grantor pursuant to the provisions of ANCSA and, as such, except as to the exercise of the Grantor's retained rights in Section IV, the Parties intend that the Protected Property shall not be deemed to have been improved, developed, subdivided, or otherwise subject to any form of taxation imposed upon the Grantor so long as the Protected Property is managed in accordance with the terms of this Conservation Easement. A Party may bring or defend any legal action regarding any tax obligations in its discretion, but no Party is required to defend or indemnify another Party as a result of this Conservation Easement. V. GENERAL 14 Page 67 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT S-5-2016 a. Neither the Grantor nor the Grantees may assign or otherwise transfer their respective rights or duties under this Conservation Easement, whether voluntarily or otherwise, except as permitted by this paragraph and the provisions of Section Il.h. Any purported assignment or transfer in violation of this paragraph is void. Notwithstanding the prohibition on assignment or transfer, the Borough may assign or transfer all its rights and duties under this Conservation Easement to the State of Alaska, so long as the State agrees to accept the Conservation Easement according to its terms and all applicable laws and procedures. No other assignment or transfer of the Conservation Easement shall be allowed. b. Grantor shall not be responsible for the independent acts or omissions of its shareholders in violation of the terms of the Conservation Easement unless they are acting at Grantor's specific direction and under Grantor's control. However, Grantor shall remain responsible for the acts of persons (including shareholders) acting on its behalf at Grantor's specific direction and under Grantor's control. Grantees shall not have a right to hold Grantor liable or seek payment of any fines and/or penalties for the independent actions of its shareholders unless Grantor directs or authorizes the acts or omissions of such shareholders. After compliance with the requirements in Section Me of this Conservation Easement for transfer of an interest in carbon credit values, Grantor shall not be liable for the subsequent actions of a third party which, pursuant to Section IV.e, has received an interest in the rights to carbon credits held by Grantor in the lands subject to the Conservation Easement. c. No amendment or waiver of this Conservation Easement is effective which adversely impacts the habitat protection and restoration objectives of the Trustee Council or removes the restrictive covenants or prohibitions from the Protected Property. No other amendment or waiver of any provision of this Conservation Easement is valid or effective unless it is in writing and signed by all Parties to this Conservation Easement and legally recorded. d. In the event of a violation of this Conservation Easement, a Party has the right at any 15 Page 68 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFr 8-5-2016 time independently to exercise any legal or equitable right or remedy to enforce this Conservation Easement that may be available to the Party under applicable law and which is authorized by this Conservation Easement. Such remedies include, but are not limited to: declaratory or injunctive relief, compensatory damages, restitution and/or attorney fees, which may be sought through a civil action in the courts. A violation of one or more provisions of this Conservation Easement shall not render this Conservation Easement or any portion of it unenforceable or invalid; nor may a Party unilaterally or by agreement with another Party terminate this Conservation Easement, which is intended to apply in perpetuity. e. The Grantor hereby covenants to and with the Grantees, their successors and assigns, that the Grantor is lawfully seized of the surface estate in the Protected Property which is subject to this Conservation Easement, has a good and lawful right and power to sell and convey rights to the same, that the same is free and clear of encumbrances, except as noted herein and that the Grantor will forever warrant and defend the Conservation Easement conveyed herein and the quiet possession thereof, against the claims and demands of all persons claiming through the Grantor. TO HAVE AND TO HOLD unto Grantees, their successors, and assigns, forever. IN WITNESS WHEREOF, Leisnoi, Inc., the Kodiak Island Borough and the United States of America have hereunto set their hands and seals effective the day first above written. (Signatures on following pages) IG1 Page 69 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 LEISNOI. INC. Date: By: Jana Turvey Its: Chief Executive Officer STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of , 201, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared JANA TURVEY, Chief Executive Officer of Leisnoi, Inc., to me known to be the person who represented herself to be, and who executed the above and foregoing LONG ISLAND PARCEL B CONSERVATION EASEMENT on behalf of Leisnoi, Inc., freely and voluntarily and by authority of its Board of Directors for the use and purposes therein described. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 17 Page 70 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRARr 8-5-2016 KODIAK ISLAND BOROUGH ACCEPTANCE In Testimony Whereof, the Grantee Kodiak Island Borough hereby accepts the foregoing LONG ISLAND PARCEL B CONSERVATION EASEMENT conveying to the Kodiak Island Borough and its assigns those interests in land described herein, through the signature of its authorized officer below, pursuant to delegated authority, this _ day of. 201 By: [Name and Title] Kodiak Island Borough STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 201, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , to me known to be the person he represented himself to be and who is known to be the person who has been lawfully delegated the authority of the Kodiak Island Borough to execute the foregoing LONG ISLAND PARCEL B CONSERVATION EASEMENT document under such legal authority, freely and voluntarily, and with knowledge of its contents, and who acknowledged said document before me on behalf of Grantee Kodiak Island Borough for the uses and purposes described therein. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 18 Page 71 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BORODGn DRAPr 5-5-2016 ACCEPTANCE BY UNITED STATES OF AMERICA Pursuant to 43 U.S.C. § 1715, the Grantee United States hereby accepts the foregoing LONG ISLAND PARCEL B CONSERVATION EASEMENT conveying to the United States of America and its assigns, those interests in lands described herein, pursuant to delegated authority, this this day of 201_. THE UNITED STATES OF AMERICA By: Bud Cribley, Alaska State Director Bureau of Land Management United States Department of the Interior STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 201, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and swom, personally appeared BUD CRIBLEY, Alaska State Director, Bureau of Land Management, United States Department of the Interior, to me known to be the person who represented himself to be, and who executed the above and foregoing LONG ISLAND PARCEL B CONSERVATION EASEMENT on behalf of the United States of America freely and voluntarily under such legal authority for the uses and purposes therein described. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 19 Page 72 of 112 Update on Termination Point and Long Island - Austin Quinn D... GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 After Recording Return to: Kodiak Island Borough [Dept. or Officer] 710 MITI Bay Road Kodiak, Alaska 99615-6398 With a Conformed Copy to: Bureau of Land Management Alaska State Office 222 West Seventh Avenue, #13 Anchorage, Alaska 99513-7504 STATE BUSINESS — NO CHARGE Location Index: [ADD LOCATION INDEX] 20 AGENDA ITEM #2.a. Page 73 of 112 Update on Termination Point and Long Island - Austin Quinn D... GRANTEtl KODIAK ISLAND BOROUGH DRAvr 8-5-2016 AGENDA ITEM #2.a. [INSERT EXHIBITS A and A-1] Legal description of Long Island Parcel B and Map 21 Page 74 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFTS -5-2016 LEISNOI CONSERVATION EASEMENT TERMINATION POINT PARCEL THIS TERMINATION POINT CONSERVATION EASEMENT ("Conservation Easement') is entered into as of this day of by LEISNOI, INC. ("Leisnoi"), a Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act ("ANCSA" ), 43 U.S.C. § 1601, et. seq., as amended (hereinafter with its successors and assigns), whose address of record is 341 W. Tudor Road, Suite 204, Anchorage, Alaska 99503 ("Grantor"), by the KODIAK ISLAND BOROUGH and its assigns (`Borough"), whose address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398, and by the UNITED STATES OF AMERICA ("United States"), and its assigns, whose address is Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, # 13, Anchorage, Alaska 99513-7504, (the Borough and the United States are also referred to herein individually as "Grantee" and collectively as the "Grantees', pursuant to the Agreement for the Sale and Purchase of Interests in Land on Kodiak Island, Alaska (Leisnoi Termination Point Parcel), dated ("Purchase Agreement"). Collectively, Grantor and Grantees are also referred to as "the Parties" to this Conservation Easement. WHEREAS, the real property which is subject to this Conservation Easement ("Protected Property") is located on Kodiak Island, to the north of and near the City of Kodiak, Alaska; and WHEREAS, pursuant to the provisions of ANCSA, the Grantor is the holder of title to the surface estate of the Protected Property, which is described more fully in Exhibit A, attached hereto and incorporated herein by reference and is also referred to herein as the "Termination Point Parcel'; and WHEREAS, the Protected Property contains natural, scenic, wooded and non -wooded lands and waters, providing important habitat and protection for species of migratory birds, fish and wildlife, including many that were injured as a result of the Exxon Valdez oil spill (EVOS) as 81223527.2 0052819-00001 Page 75 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 described in the Final Restoration Plan adopted by the Exxon Valdez Oil Spill Trustee Council (the "Trustee Council"), on November 2, 1994 ("Conservation Values"); and WHEREAS, the Trustee Council has approved the use of joint settlement funds for acquisition by the Borough and the United States of a Conservation Easement on the Protected Property, to ensure that the restoration objectives of the Trustee Council, as described in the Purpose section of this Conservation Easement, are achieved, subject to certain retained rights to be held by the Grantor in recognition of Grantor's cultural and subsistence ties to the land; and WHEREAS, subject to the rights to be granted to the Grantees, Grantor reserves and retains all other rights and privileges as landowner, including certain rights that are specified herein; and WHEREAS, the laws of the State of Alaska (Alaska Statute 34.17) provide for the conveyance to a governmental body, empowered to hold an interest in real property under the laws of the United States, of a non -possessory interest in real property imposing limitations or affirmative obligations to retain or protect natural, scenic, or open space values of real property, ensure its availability for agricultural, forest, recreational, or open space use, protect natural resources, maintain or enhance air or water quality, or preserve the historical, architectural, archaeological, or cultural aspects of real property; and WHEREAS, pursuant to the terns of this Conservation Easement, Grantor intends to convey to the Grantees a protective Conservation Easement interest in the Protected Property as provided herein; and WHEREAS, the Grantees have agreed to preserve and protect the Protected Property in perpetuity in order to preserve, protect, restore, enhance, or rehabilitate natural resources injured by the Exxon Valdez oil spill on the Protected Property and the services (including subsistence, recreation, tourism and sport hunting and fishing), provided by those natural resources; and WHEREAS, the Borough desires to provide opportunities for the public to undertake 81223527.2 0032919-ODD01 2 Page 76 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRArr 8-5-2016 wildlife and wildlands recreational activities on the Protected Property that are consistent with the terms of this Conservation Easement and subject to such prohibitions, limitations and restrictions so as to maintain the Protected Property in its natural condition, and to further and not impair or interfere with the Trustee Council's habitat protection and restoration objectives as described in the Purpose section of this Conservation Easement; and WHEREAS, pursuant to the terms of the Conservation Easement, the Grantor shall convey to the Grantees, and shall also retain for itself the independent, non-exclusive rights in perpetuity to enforce the terms of the Conservation Easement, including the preservation and protection of all natural resources and habitat values of the Protected Property, against the actions, claims or demands of Grantor, the Borough, the United States or any other person or entity in perpetuity; and NOW THEREFORE, pursuant to the laws applicable in the State of Alaska ("State"), in particular Alaska Statute 34.17, the ordinances of the Kodiak Island Borough, and in particular Chapter 18.10 of the Kodiak Island Borough Code, and the laws of the United States, in particular 43 U.S.C. § 1715, and for and in consideration of $ lawful money of the United States, receipt of which has been acknowledged, Grantor does hereby grant and convey to Grantees, and their successors and assigns, forever, with special warranties of title subject to conditions, restrictions and limitations of record, the Conservation Easement as set forth herein in perpetuity over the Protected Property of the nature and character and to the extent hereinafter set forth, as to the Protected Property described below, provided, however, nothing in such Title 18 or in any other provision of the Kodiak Island Borough Code shall authorize the Borough to take any action in conflict with the terms of this Conservation Easement. Such Protected Property shall be subject to valid existing rights, including reservations, easements, and exceptions in the U.S. Patent, or other state or federal conveyance, and in acts authorizing the issuance thereof, and easements, rights-of-way, covenants, conditions, reservations, and restrictions, if any, of record. The Conservation Easement described herein is being granted by the Grantor to the Grantees in order to preserve and protect the Protected Property as provided herein while 91223527.20052819.0 x1 3 Page 77 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 allowing for limited public use consistent with the purposes, restrictions and other terms in this Conservation Easement. Acceptance of and recording of this Conservation Easement by Grantees shall evidence Grantees' acceptance of and agreement to all of its terms and their understanding that the property rights of the Grantor and its successors and assigns in and to the Protected Property are conveyed, conditioned and restricted by this Conservation Easement as expressly provided for herein. The Grantor reserves to itself, its shareholders, and its successors and assigns, all rights not expressly conveyed herein. The rights reserved to Grantor include, but are not limited to, those rights enumerated in Section IV, Leisnoi's Retained Rights and Privileges as Landowner, in addition to all rights as fee owner, including the right to use the property for all purposes not prohibited by or inconsistent with this Conservation Easement. L PURPOSE The purpose of this Conservation Easement is to ensure that the Conservation Values of the Protected Property will be protected and maintained in perpetuity and to prevent any use or alteration of the Protected Property that will impair, degrade or interfere with its natural habitat protection and EVOS restoration goals and objectives. This includes management for the protection of its natural forested and non -forested areas, including riparian areas, wetlands and shorelines, and other ecological values, as well as the conservation and protection of migratory bird, fish and wildlife resources and their habitats on the Protected Property. Consistent with the specific provisions of this Conservation Easement, this Conservation Easement will confine the use of the Protected Property to activities that are consistent with the protection and preservation of the Protected Property in perpetuity. In furtherance of these conservation purposes, the Borough shall manage the Protected Property strictly in accordance with this Conservation Easement and may also manage the Protected Property pursuant to Borough ordinances, so long as such management is not in violation of this Conservation Easement (recognizing that structures and conditional uses will not be allowed under this Conservation Easement); provided, however, should the terms of the Borough's ordinances be inconsistent with this Conservation Easement, the Conservation Easement shall supersede the Borough's ordinances. Closures or additional restrictions or limitations on the public's use of the Protected Property may be 81223527.2 005281900001 4 Page 78 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 instituted by the Borough or the United States to ensure the purposes of this Conservation Easement are fulfilled. The Parties further shall ensure that the reservation and enjoyment of all legal and other rights not specifically granted to the Grantees by this Conservation Easement or listed as Prohibited or Restricted Uses or Activities below, shall be reserved to the Grantor as the landowner of the Protected Property. 11. RIGHTS CONVEYED TO GRANTEES To accomplish the purposes of this Conservation Easement, the following rights are conveyed to Grantees, together with the rights to enforce all the terms, including the restrictive provisions, set forth in this Conservation Easement; provided, however, that nothing in this Conservation Easement shall be construed to create an affirmative obligation of the Grantees to restore or enhance any particular natural resources, habitat or services on the Protected Property or to take any particular enforcement action: a. To enter upon the Protected Property at any time and without permission from the landowner, in order to achieve the purposes of and/or enforce the terns of this Conservation Easement. b. To enter upon the Protected Property at any time, and without permission of the landowner, to perform any activities in order to protect, restore or replace the natural resources, habitat or services injured or reduced by the Faxon Va/de< Oil Spill. However, nothing herein shall be construed to create an affirmative obligation of the Grantees to restore or replace any particular natural resources or services on the Protected Property. c. To prevent any activity on or use of the Protected Property that is inconsistent with the purposes of this Conservation Easement and, in the event the Protected Property is damaged or degraded by any inconsistent activity or use, to require the restoration of W1 Page 79 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFTS -5-2016 such areas or features of the Protected Property at the sole cost and expense of those responsible for the damage. d. At the discretion of the Borough and upon consultation with Grantor and the written concurrence of the United States, the Borough may plan, arrange for, conduct or authorize: (1) surveys, mapping, marking of boundaries, taking videos and photographs, and preparing other documentation to facilitate administration of this Conservation Easement; (2) fish, wildlife, bird and habitat surveys and research by all customary means and techniques, which can include the use of aircraft, radio telemetry, and live captures and tagging or the establishment of limited, multi-year research vegetation plots. Any information obtained pursuant to the provisions of this Section (d) shall be made available by the Borough to Grantor upon its request as allowed by law. e. To monitor, assess and police permissible and impermissible uses of the Protected Property. The Borough may prohibit, regulate or restrict any uses that might be incompatible with the protection of the Protected Property in its natural condition or which may cause damage to the Protected Property, and it may require permits or other approvals for specific uses of the Protected Property as deemed desirable under authorities provided in applicable laws, provided such required permits or other approvals shall not diminish or preclude the exercise hereunder by Grantor of its retained rights in any way, nor shall Grantor be required to pay a fee or purchase any permits in order to have the right of access to the Protected Property. If the Grantee or the United States charges any person, entity, organization, or others a fee for such required permits or other approvals, such fees shall only be to the extent authorized by statute and/or regulation and are only intended to cover the costs associated with the administration of carrying out the intent of this Conservation Easement. In their discretion, the Borough and/or the United States may take appropriate enforcement or other legal action at any time as necessary or in individual cases. However, nothing herein shall be construed to preclude the Borough or the United 81221527.21052819-00001 6 Page 80 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFr S-5-2016 States from taking any affirmative action to enforce any existing rule, policy or agreement with respect to the Protected Property. f. The Borough may provide for reasonable public use of the Protected Property for recreational uses and the taking of fish and wildlife in compliance with applicable codes and other laws, but only to the extent consistent with this Conservation Easement and in a manner and subject to any such closures, limitations or restrictions as are warranted in order to assure the protection and preservation of the natural resources and habitats of the Protected Property in perpetuity. In this regard, the Parties agree that this Conservation Easement shall provide the Grantee and the United States with property interests sufficient for them to apply and enforce on the Protected Property all laws, regulations and plans applicable to public lands in Alaska, provided, however, the exercise of such interests by Grantee or the United States shall not be in conflict with the rights retained by Grantor hereunder. g. The Grantees shall be entitled to enforce on a non-exclusive basis against each other, the Grantor, and any other person or entity, their successors or assigns, this Conservation Easement and in particular the terms setting forth Prohibited and Restricted Uses and Activities in Section III below. h. The Parties acknowledge that the interest of the Borough in the Protected Property and this Conservation Easement is subject to the right of the State of Alaska to assume the Borough's interest in the Protected Property upon the State's giving notice to the Borough of its election, in which event the Borough shall transfer to the State all of its interest under this Conservation Easement at no cost to the State. After such transfer the Borough shall no longer have an interest in the Protected Property or this Conservation Easement. The State and the Borough shall execute an acknowledgment of such transfer, the terms of which shall be approved by the United States and the Grantor, which transfer shall be recorded. III. PROHIBITED USES 81223527.2 0052819-00801 7 Page 81 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DaAH-r 8-5-2016 (a) RESTRICTED USES: The following listed uses and activities are prohibited on the Protected Property except as determined by both the Borough and the Bureau of Land Management, U.S. Department of the Interior, or their respective successors in administrative function, to be necessary: (1) to further the accomplishment of the habitat protection and restoration objectives for which the Conservation Easement to the Protected Property was acquired using Trustee Council funds; (2) to the extent consistent with these protective and restoration Trustee Council objectives, to conduct research on the Protected Property in accordance with restrictions and prohibitions in this Conservation Easement and applicable laws pertaining to lands within the State (whether carried out by the Borough, an entity approved by the Borough, or its successors in administrative function); or (3) to convey information to the public to protect public safety or natural resources. Notwithstanding the foregoing, an excepted use or activity under this paragraph (a) is allowed only if it does not have any significant negative impact on the habitat protection and restoration objectives of the Trustee Council, and in particular any negative impact as described in Subsections (i) thru (vii) hereof: (i) filling, excavating or otherwise disturbing or changing the natural surface or topography of the Protected Property in any manner except as is reasonably necessary to provide for and maintain non -motorized, pedestrian trails for reasonable access for public use or for necessary emergency response purposes; (i i) removing, destroying, cutting or clearing trees, brush or other plants or planting trees or plants on the Protected Property, except as is reasonably necessary to provide for and maintain non -motorized, pedestrian trails on the Protected Property or for necessary emergency response purposes; (iii) using biocides or other chemicals except by the Borough, with the written concurrence of the U.S. Department of the Interior, Bureau of Land Management, as necessary to control or remove non-native fish, wildlife or 8 Page 82 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRARr 8-5-2016 plants; (iv) manipulating or altering natural water courses, shorelines, marshes or other water bodies or conducting or allowing activities or uses that are detrimental to water quality or purity on the Protected Property; (v) operation of all -terrain or other motorized vehicles, boats, aircraft or fuel caching, except to the extent reasonably necessary for maintaining and repairing pedestrian trails and for emergency response purposes and then only if its impact is minimal; (vi) discharge of firearms or other explosives, except that use of firearms for hunting in accordance with the terms of this Conservation Easement and applicable laws is permitted, while recreational and target shooting are prohibited; and (vii) trapping of any nature, whether recreational, or for commercial or subsistence hunting purposes. (b) PROHIBITED ACTIVITIES The following listed uses and activities by any person are prohibited on the Protected Property: (i) constructing or placing permanent or temporary buildings, fixed or improved camp sites, subdivisions, accommodations or mobile homes, roads, parking lots, utility towers, fences, billboards, signs, or any other structures or improvements on the Protected Property, except for limited pedestrian trails and signage required for the management of public use on the Protected Property and unless such signs are in compliance with Section IV.b of this Conservation Easement; (ii) the introduction of fish, wildlife or plants which are not native to Kodiak Island, Alaska, agricultural uses, or wild fish or game farming, including, but not limited 9 Page 83 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAvr 8-5-2016 to, farm crops, aquaculture, hatcheries, the grazing of domestic animals or the introduction of reindeer or bison; and (iii) the placing, storing or dumping of garbage, trash, other unsightly or offensive items or material and/or hazardous materials or substances. Nothing herein shall be deemed to create in any third party beneficiary any rights or privileges under this Conservation Easement or the right to enforce any of its terms or covenants. Grantor agrees that this Conservation Easement and all its restrictive covenants shall run with the lands and shall be binding upon Grantor, its successors and assigns, and including, without limitation, upon the Grantees, except where such action by the Grantees is specifically authorized by this Conservation Easement. In the event title to all or a portion of the Protected Property is ever acquired by the Borough, the State, or a successor entity, the Parties intend that no merger of title shall take place. Notwithstanding a future vesting of title in the Borough, the State, or a successor entity, the restrictions in this Conservation Easement shall continue and remain as permanent restrictions on the use of the Protected Property forever. IV. LEISNOPS RETAINED RIGHTS AND PRIVILEGES AS LANDOWNER Grantor reserves, retains and continues to have all legal rights and privileges as landowner that do not unreasonably interfere with or violate the covenants, rights and restrictions and prohibited activities, which rights and privileges were granted to the Borough or its assigns and the United States by and through this Conservation Easement, including the rights and privileges set forth below: a. Grantor reserves and retains, to the extent it held the exclusive ownership of the Protected Property prior to the grant of this Conservation Easement, the rights to Alaska Native human remains, historic and prehistoric archaeological and cultural artifacts ("Artifacts") located on the Protected Property, including the right to remove 81223527.2 0052819-00001 10 Page 84 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BORourn DRAt: r 8-5-2016 the Artifacts from the lands subject to the Conservation Easement as provided herein, and nothing in this Conservation Easement diminishes the pre-existing ownership rights of Grantor in such Artifacts. In addition, with respect to such Artifacts, Grantor retains all rights that may be afforded as specified in the Native American Graves Protection and Repatriation Act, the Archaeological Resources Protection Act, the National Indian Forest Resources Management Act, the National Museum of the American Indian Act, the Indian Arts and Crafts Act, the Native American Language Acts, and related laws of the State of Alaska, including the Alaska Historic Preservation Act. The Parties agree to meaningfully consult with each other prior to any excavations or removal of any Artifacts, and Grantor shall comply with all laws and regulations governing the excavation or removal of any such Artifacts that would have been applicable to such Artifacts if this Conservation Easement had not been granted. b. Grantor retains the right, consistent with signage standards established and applied by the Borough, to install a reasonable number of signs at the boundaries of the Protected Property informing visitors of Grantor's retained ownership and rights. Grantor agrees to work cooperatively with the Borough on the sign types, sizes, use of natural materials, blending of signs with the local landscape, and wording, to ensure Grantor's signs are compatible with comparable Borough signs. No advertising signs are to be placed on the Protected Property. The Borough has the right to install its own signs on the Protected Property. The Party installing a sign shall continue to be responsible for its maintenance, replacement or removal, as reasonably necessary. c. Grantor shall maintain the rights to any and all air emission offset or carbon credit values that may be derived from the Protected Property, including but not limited to offset or credit values derived from the carbon sequestration capacity of the timber on the Protected Property, and the right to transfer such credits to a third party on such terms as Grantor may elect, so long as the transfer is made subject to all the terms and conditions of this Conservation Easement in perpetuity. The reservation or exercise of 81223527.2 005281708801 I I Page 85 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRArr 8-5-2016 these rights must be in accordance with this Conservation Easement and shall not create any burden or duty on the Borough or the United States at the time of the purchase of this Conservation Easement in the Protected Property or at any time in the future. Grantor shall have the right to enter the Protected Property as may be necessary to view, assess, survey or measure the air emission offset or carbon credit values, in a manner which is customary to accomplish the measurements, so long as no substantial ground disturbance or other damage to or alteration of, the Protected Property results. In the event Grantor sells, leases, exchanges or otherwise transfers (Transfers") any interest in such retained carbon credit values to a third person or entity ("transferee"), as a condition of such transfer, Grantor shall include a copy of this Conservation Easement in the transfer documents provided to the transferee and require as a tern and condition of such transfer that the transferee shall take the interest in such carbon credit values subject to the terms of this Conservation Easement. Any subsequent transfer of an interest in such carbon credit values shall also comply with the requirements of this paragraph and shall be subject to the terms of this Conservation Easement. Grantor, or its successor transferees in the event of subsequent transfers of the carbon credits, shall provide written notice to Grantee and the United States within thirty days of any transfer of an interest in the carbon credit values, including the name, address and electronic contact information for the transferee in any such transaction. d. Grantor retains the right for its individual shareholders to engage in subsistence uses, on the Protected Property, without a fee being charged to the shareholders for the use of the land. Such subsistence uses shall be in accordance with applicable State law, including the ability to hunt, fish, trap, and gather edible and medicinal plants and berries, for personal or family consumption, so long as such activities are otherwise consistent with the restrictions and prohibitions in this Conservation Easement and are in compliance with applicable laws and regulations governing hunting and fishing and subsistence uses on State lands. The use of live trees or plants for subsistence 91223527.2 0052819-00001 12 Page 86 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFTS -5-2016 activities is prohibited except for the non-commercial harvest of berries and other edible plants. Motorized vehicles shall not be allowed on the Protected Property for subsistence activities. Nothing herein shall prevent the Borough from further restricting or making closures on the Protected Property to some or all subsistence uses, where such action by the Borough is reasonably necessary to protect public safety or to conserve healthy populations of fish, wildlife and plants and their habitats consistent with the purposes of this Conservation Easement. The subsistence rights reserved to Grantor herein do not include authorization for the taking of wild, renewable resources by Leisnoi's shareholders for sport or commercial purposes or the conduct of commercial activities on the Protected Property by Leisnoi's shareholders. e. To the extent a local preference is available under applicable law, Grantor reserves the right to enter into contracts with the Borough for the maintenance or improvement of any pedestrian trails on the Protected Property that may be authorized by the Borough in accordance with this Conservation Easement and for which a local preference is available, on terms to be negotiated between the Parties. Any such contracts must comply with all legally applicable procedures and requirements of the Borough for such contracts, including all procurement requirements. In the event a local preference is not available, upon Grantor's request, the Borough agrees to provide reasonable advance notice to Grantor of any opportunities for such contracts the Borough intends to make available for competitive bid or other form of solicitation and Grantor may participate in any such solicitation on an equal basis with other bidders. This provision applies only when the Borough elects to contract for such services and does not prevent Grantee from using its own employees to accomplish the work. f. The Grantor and the United States shall be entitled to enforce on a non-exclusive basis against the Borough, and any other person or entity, their successors or assigns, this Conservation Easement and in particular the terms setting forth Prohibited and Restricted Uses and Activities in Section III above. 81223527.2 8052819-08081 13 Page 87 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAPr 8-5-2016 g. The Protected Property shall forever be deemed to be real property conveyed to Grantor pursuant to the provisions of ANCSA and, as such, the Parties intend that the Protected Property shall not be deemed to have been improved, developed, subdivided, or otherwise subject to any form of taxation imposed upon the Protected Property or upon Grantor so long as the Protected Property is managed in accordance with the terms of this Conservation Easement. A Party may bring or defend any legal action regarding any tax obligations hereto, but no Party is required to defend or indemnify another Party as a result of this Conservation Easement. V. GENERAL a. Neither the Grantor nor the Grantees may assign or otherwise transfer their respective rights or duties under this Conservation Easement, whether voluntarily or otherwise, except as permitted by this paragraph and the provisions of Section ll.h. Any purported assignment or transfer in violation of this paragraph is void. Notwithstanding the prohibition on assignment or transfer, the Borough may assign or transfer all its rights and duties under this Conservation Easement to the State of Alaska, so long as the State agrees to accept the Conservation Easement according to its terns and all applicable laws and procedures. No other assignment or transfer of the Conservation Easement shall be allowed. b. Grantor shall not be responsible for the independent acts or omissions of its shareholders in violation of the terms of the Conservation Easement unless they are acting at Grantor's specific direction and under Grantor's control. However, Grantor shall remain responsible for the acts of persons (including shareholders) acting on its behalf at Grantor's specific direction and under Grantor's control. Grantee and the United States shall not have a right to hold Grantor liable or seek payment of any fines and/or penalties for the independent actions of its shareholders unless Grantor directs or authorizes the acts or omissions of such shareholders. After compliance with the requirements in Section Me of this Conservation Easement for transfer of an 91223527.2 00529194NM 1 14 Page 88 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 interest in carbon credit values, Grantor shall not be liable for the subsequent actions of a third party which, pursuant to Section IV.c, has received an interest in the rights to carbon credits held by Grantor in the lands subject to the Conservation Easement. c. No amendment or waiver of this Conservation Easement is effective which adversely impacts the habitat protection and restoration objectives of the Trustee Council or removes the restrictive covenants or prohibitions from the Protected Property. No other amendment or waiver of any provision of this Conservation Easement is valid or effective unless it is in writing and signed by all Parties to this Conservation Easement and legally recorded. d. In the event of a violation of this Conservation Easement, a Party has the right at any time independently to exercise any legal or equitable right or remedy to enforce this Conservation Easement that may be available to the Party under applicable law and which is specifically authorized by this Conservation Easement. Such remedies include, but are not limited to: declaratory or injunctive relief, compensatory damages, restitution and/or attorney fees, which may be sought through a civil action in the courts. A violation of one or more provisions of this Conservation Easement shall not render this Conservation Easement or any portion of it unenforceable or invalid; nor may a Party unilaterally or by agreement with another Party terminate this Conservation Easement, which is intended to apply in perpetuity. e. The Grantor hereby covenants to and with the Grantees, their successors and assigns, that the Grantor is lawfully seized of the surface estate in the Protected Property which is subject to this Conservation Easement, has a good and lawful right and power to sell and convey rights to the same, that the same is free and clear of encumbrances, except as noted herein and that the Grantor will forever warrant and defend the Conservation Easement conveyed herein and the quiet possession thereof, against the claims and demands of all persons claiming through the Grantor. TO 14AVE AND TO HOLD unto Grantees, their successors, and assigns forever. 81223527.2 0852817-08081 15 Page 89 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH OaAFr 8-5-2016 IN WITNESS WHEREOF, Leisnoi, Inc., the Kodiak Island Borough and the United States of America have hereunto set their hands and seals effective the day first above written. (Signatures on following pages) 81223527.2053819-00001 16 Page 90 of 112 Update on Termination Point and Long Island - Austin Quinn D... GRANTEE KOmIAK ISt.AND BOROUGH DRAFTS -5-2016 LEISNOI, INC. Date: STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT M Jana Turvey Its: Chief Executive Officer AGENDA ITEM #2. a. THIS IS TO CERTIFY that on the day of 201_, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared JANA TURVEY, Chief Executive Officer of Leisnoi, Inc., to me known to be the person who represented herself to be, and who executed the above and foregoing TERMINATION POINT PARCEL CONSERVATION EASEMENT on behalf of Leisnoi, Inc., freely and voluntarily and by authority of its Board of Directors for the use and purposes therein described. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 81223527.2 0052919-00001 17 Page 91 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAFT 8-5-2016 KODIAK ISLAND BOROUGH ACCEPTANCE In Testimony Whereof, the Grantee Kodiak Island Borough hereby accepts the foregoing TERMINATION POINT PARCEL CONSERVATION EASEMENT conveying to the Borough and its assigns those interests in land described herein, through the signature of its authorized officer below, pursuant to delegated authority, this _ day of 201 By: [Name and Title] Kodiak Island Borough STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the —day of 201, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , the to me known to be the person who represented himself to be and who is known to be the person who has been lawfully delegated the authority of the to execute the foregoing TERMINATION POINT PARCEL CONSERVATION EASEMENT document under such legal authority, freely and voluntarily, and with knowledge of its contents, and who acknowledged said document before me on behalf of Grantee Kodiak Island Borough, for the uses and purposes therein described. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 81223527.2 0052819-00001 18 Page 92 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2. a. GRANTEE KODIAK ISLAND BOROUGH DRAPr 5-5-2016 ACCEPTANCE BY UNITED STATES OF AMERICA Pursuant to 43 U.S.C. § 1715, the Grantee United States hereby accepts the foregoing TERMINATION POINT PARCEL CONSERVATION EASEMENT conveying to the United States of America and its assigns, those interests in lands described herein, pursuant to delegated authority, this this day of , 201_. THE UNITED STATES OF AMERICA By: Bud Cribley, Alaska State Director Bureau of Land Management United States Department of the Interior STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of , 201, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and swom, personally appeared BUD CRIBLEY, Alaska State Director, Bureau of Land Management, United States Department of the Interior, to me known to be the person who represented himself to be, and who executed the above and foregoing TERMINATION POINT PARCEL CONSERVATION EASEMENT on behalf of the United States of America, freely and voluntarily under such legal authority for the uses and purposes therein described. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 81223527.2 00528194K)001 19 Page 93 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISLAND BOROUGH IIRAE'8-5-2016 After Recording Return to: Kodiak Island Borough [dcpl. or officer] 710 Mill Bay Road Kodiak, Alaska 99615-6398 With a Conformed Copy to: Bureau of Land Management Alaska State Office 222 West Seventh Avenue, #13 Anchorage, Alaska 99513-7504 STATE BUSINESS —NO CHARGE Location Index [ADD LOCATION INDEX] 81223537.2 0053819-00001 20 Page 94 of 112 Update on Termination Point and Long Island - Austin Quinn D... AGENDA ITEM #2.a. GRANTEE KODIAK ISI.\D BOROUGH DRAFT 8-5-2016 [INSERT EXHIBITS A and A-1] Legal description of Termination Point Parcel and Map 81227527.2 0052819-00001 21 Page 95 of 112 Update on Termination Point and Long Island -Austin Quinn D... Locator Map Afognak Island O Kodiak r'l v t r t Kodiak Island J, y;• C H I N I A X F B A 1' Leisnoi Inc. Land - Long Island = Parcel A Parcel B AGENDA ITEM #2.a. a N MilezA Approximate Legal Description & Acreage: Parcel A: Lots 1 & 2 of Sections 4 and 5, Lot 2 and a portion of Lot 1 of Section 6, and Lot 1 of Sections 7 and 8 of T28S, R18W, Seward Meridian, and Lot 1 of Sections 1, 12, 13, and 14, and Lot 2 of Section 11 of T28S, R1 9W, S.M., and located in the Kodiak Island Borough, Kodiak Recording District, Alaska, containing 1,113 acres, more or less. Parcel B: A portion, NW of and including the isthmus between Vera and Cook Bays, of Lot 1 of Section 6 of T28S, R18W, Seward Meridian, and Lot 1 of Section 31 of T27S, R18W, S.M., and located in the Kodiak Island Borough, Kodiak Recording District, Alaska, containing 141 acres, more or less. N. Map Updated: 2.3.2016 Update on Termination Point and Long Island -Austin Quinn D... Great Land Trust EVOS Habitat Prioritization Page 96 of 112 AGENDA ITEM #2. a. Map Afognak ;e - Island ^ .• e ro. Kodiak �• hlek Pt "✓ "t> Kodiak>�T _ Island ;�'•- �z,.: I I '• `_tea 03: T.�:^C.:.r., i� Ouzinkie Native r` Corp. Land 0° } ..,r.a3hA1 r_,I 8, _ Kodiak Island I. Borough Land ,•" Ko k:f S `V L A N.. m Lr _ State of Alaska io Land uv - !• tP Jne. ti {� .. -'yys Ouzinkie Native Corp. Land lb.. Leisnoi Inc. Land - Termination Point March 3, 2015 Leisnoi Inc. Surface Owner, Koniag Corp. Subsurface Owner Approximate Legal Description & Acreage: Tract C of T27S, R1 9W, Seward Meridian, and located in the Kodiak Island Borough, Kodiak Recording District, Alaska, containing 1,060 acres, more or less. i1Great Land Trust EVOS Habitat �� 0 ors ,was itat Prforitizatfon,%,e ` Page 97 of 112 Update on Termination Point and Long Island -Austin Quinn D... AGENDA ITEM #2.b. The Non-profit funding information is publicly available online at https://kodiakak.civicw eb.net/filepro/docume nts 39286. Page 98 of 112 Non Profit Funding Discussion Memorandum AGENDA ITEM #2.c. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Date: July 28, 2016 To: Planning and Zoning Commission From: Community Development Department RE: Tract R2, Killarney Hills Subdivision Master Planning Process Detailed Scope The following is the current scope of work for the master planning process for Tract R2, Killarney Hills Subdivision. Task 1—Data Collection and Analysis 1.1 Data Collection The purpose of the data collection task is to gather all existing data on factors that could play a significant role in determining how Tract R2 may be developed in the future. This data will serve as a baseline and will be used to inform the analysis in Task 1.2. Comprehensive Plan The goals, objectives, and future land use designation identified in the Comprehensive Plan will serve as a foundation for this planning effort. Zoning Current zoning of the subject parcel, as well as other parcels in the vicinity will be identified and documented. Code compliance Current code compliance will be determined and both existing and future zoning options will be identified (e.g., R3, small lot, ADU). Wetland constraints Wetlands exist on the property and must be taken into consideration when development plans are made. DOWL's wetland delineation will be reviewed. Utilities—availability and capacity Water and sewer will be contributing factors in determining developability of the tract. It will directly impact the intensity with which the land can be used. A general cost of Page 99 of 112 Killarney Hills Master Plan AGENDA ITEM #2.c. installing utilities in preparation for lands sales will be calculated for the 4, 6, and 9 lot scenarios that have been proposed. Access points Existing access points, permitted or otherwise, need to be documented for use in a high-level traffic analysis under Task 1.2. Location of access points will play a role in the configuration of lots within the tract and will need to be coordinated with Alaska DOT&PF and the City of Kodiak. Trafir4ransportation Existing traffic information for the area will be compiled for consideration in Task 1.2. Existing and future traffic patterns and impacts will be analyzed at a very high level. Park use and information (KIB and City) This information will be collected to determine demand for sports fields on Tract R2, as well as other fields in the community. Land availability elsewhere for residential use (Borough Lands Committee) The Borough Lands Committee and Borough Resource Management Officer are examining this question. Future KIB needs The needs of the borough will be multi -pronged and will take into account issues such as housing, school construction, other municipal buildings, land sale revenue, etc. Value of improved lots The estimated value of the 4 existing platted lots on Woody Way Loop (north of Tract R2) will be reviewed, as will the estimated values of the 6 and 9 lot options considered in 2014. These values will be considered when analyzing return on investment. 1.2 Analysis This task will provide general analysis of information collected in Task 1.1. Comprehensive Plan analysis An analysis of the goals, objectives, and future land use designation as they pertain to the development of this (or alternative) site(s) will be completed. This general analysis will inform the policy discussions for individual scenarios developed in Task 3.1. Land use needs Based on the Comprehensive Plan analysis and current trends, assumptions will be developed about the future land use needs of the community. Identified land use needs will be a consideration in the development of scenarios in Task 3.1. Utility costs (vs. development at other locations) The cost of installing utilities on this site will be a significant portion of the cost to develop some or all of Tract R2. Order of magnitude estimates may be developed for other sites in order to compare financial feasibility. Traffic analysis A 20 -year traffic analysis will be conducted to determine the impacts of low and high density development of the site on the surrounding road network. Page 100 of 112 Killarney Hills Master Plan AGENDA ITEM #2. c. Alternative location(s) for ball fields Other locations in KIB ownership that may be used for the development of community ball fields will be identified. They will then be analyzed in terms of factors such as access and adjacent land use compatibility. Cost estimates for moving the ball fields may also be considered. Development ROI An analysis will be completed to determine anticipated return on investment (ROI) associated with existing proposals (4, 6, and 9 lot subdivision). The information analyzed here can serve as a baseline when completing scenario -specific analyses in Task 3.1. Task 2—Stakeholder Engagement 2.1 Agency Collaboration Several agencies have a vested interest in Tract R2. For this reason, it is imperative to engage in early and ongoing dialogue about community needs, desires, and expectations. Project updates can be provided to individual committees on an as - needed basis. Additionally, a series of agency coordination meetings should occur at key project milestones. Meetings could include: • KIB Parks & Recreation Committee • City Parks & Recreation Advisory Board • City Parks & Recreation Department • Borough Lands Committee • KIBSD • KIB Engineering & Facilities • City Public Works • City Council • Assembly 2.2 Public Coordination/Meetings Multiple early meetings and notice to nearby property owners Development of this property will have direct impact on adjacent and nearby property owners. Early and ongoing coordination with this stakeholder group will ensure early resolution or avoidance of negative impacts associated with future development. Minimum of 2-3 public meetings throughout proiect This property is currently being used by the public and is owned by a public entity. It is important that the public be given multiple opportunities to provide input, voice their concerns, and engage in meaningful conversation with the project team. 3 Page 101 of 112 Killarney Hills Master Plan AGENDA ITEM #2. c. 2.3 Public Hearings In addition to public meetings, public hearings will also be held with the following: • Planning & Zoning Commission • Borough Assembly Task 3—Scenario Development and Selection 3.1 For each scenario: Graphical depiction Concept drawings will be completed for each alternative/scenario developed. Factsheet Easy -to -ready and easy -to -compare fact sheets will be developed for each alternative/scenario developed and will contain information such as number of residential lots, density ranges, estimated potential ROI, and trip generation estimates. Brief on scenario -specific analysis In addition to the fact sheet, each scenario will have a more detailed brief, outlining the policy and financial implications associated with it. Selection of a given scenario could have a range of impacts, including changes to the comprehensive plan, environmental mitigation, or high upfront development costs, for example. 3.2 Overall comparison chart A comparison chart outlining the similarities and differences between the developed scenarios will be created. This will serve as a tool in discussions among stakeholder groups and will ultimately aid in the selection of one scenario. 3.3 Selection of scenario Selection of the scenario, or set of scenarios, will involve discussion with all interested stakeholder groups. The selection methodology will be developed based on stakeholder input early in project development. Task 4—Implementation Plan Solid implantation plans are an integral part of successful planning efforts. A tentative timeline for plan implementation will be developed, along with a funding strategy. When developing a funding strategy, several options will be explored, including opportunities for local government and non-profit agencies to work together in providing resources and seeking outside resources such as federal grants and state general funds. 4.1 Short-, mid-, and long-term development timeline 4.2 Short-, mid-, and long-term funding strategy 4.3 Opportunities for local coordination Page 102 of 112 Killarney Hills Master Plan U04NAY-,RIA WFM 4.4 Opportunities for outside funding Task 5—Final Master Plan 5.1 Draft plan Once a scenario, or set of scenarios, has been selected, plan elements completed throughout the project development process will be compiled into a single, comprehensive document for agency and public review. 5.2 Public commentImeeting(s) When the plan has been drafted it will be presented to stakeholders and will be made available for public comment for a period of at least 30 days. At the close of the public comment period, the project team will consider all comments and make changes to the draft plan as appropriate. Once this is done, the plan will be submitted to P&Z for review and recommendation to the Assembly. 5.3 P&Z Hearing(s) and Recommendation After public hearings and deliberations, P&Z will forward the plan to the Assembly with their recommendation. 5.4 Assembly Final Legislative Action After public hearings and deliberation, the Assembly will take final legislative action. Task 6—Follow-up Activities 6.1 Comprehensive Plan amendment(s) Completion of this planning effort may require amendments to the 2008 Comprehensive Plan. The master plan itself for Tract R2 may be adopted as an element of the comprehensive plan. The Future Land Use Designation of Tract R2 or other properties included in this master plan may need to be changed. 6.2 Rezoning Rezoning of Tract R2 or other properties included in this plan may also be necessary once the planning effort is complete. 6.3 Land disposal process Once a plan has been approved, KIB will need to engage in the land disposal process as part of the implementation plan. 5 Page 103 of 112 Killarney Hills Master Plan I/'II6 -I00 17 AGENDA ITEM #2.c. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Date: July 28, 2016 To: Planning and Zoning Commission From: Community Development Department RE: Tract R2, Killarney Hills Subdivision Master Planning Process Public Involvement Plan The following is the proposed Public Involvement Plan (PIP) of the master planning process for Tract R2, Killarney Hills Subdivision. This proposed PIP contains the following information: 1. General Information 2. Public Involvement Goals 3. Stakeholders 4. Methods 5. Communication 1. General Information 1.1 Project Scope The goal of the Tract R2, Killarney Hills Subdivision Master Plan is to identify a development scenario, or set of scenarios, for the site. Data will be collected and analyzed to inform the creation of several development scenarios for this Borough -owned parcel. Through a collaborative public process a scenario, or set of scenarios, will be selected and an implementation plan will be developed. Once a plan has been approved by the Borough Assembly, the Master Plan will guide development on this parcel for the foreseeable future. Page 104 of 112 Killarney Hills Master Plan AGENDA ITEM #2.c. 2. Public Involvement Goals • Clearly outline the project development process • Ensure that stakeholders are aware of how, when, and where they can be involved in the decision-making process • Share information in a transparent and understandable way • Include as many stakeholder groups as possible in the decision-making process • Document and respond to all comments received 3. Stakeholders Several stakeholder groups have been preliminarily identified. However, many more may be added as the project progresses. The lists below serve as a starting point and participation in the project is not limited to those groups identified here. 3.1 Public Members of the public at -large are encouraged to provide input throughout the planning process. 32 Government • KIB Parks & Recreation Committee • City Parks & Recreation Advisory Board • City Parks & Recreation Department • Borough Lands Committee • KIBSD • KIB Engineering & Facilities • City Public Works • City Council • Assembly 3.3 Other • Kodiak Little League • Kodiak Football League • Healthy Tomorrows `a Page 105 of 112 Killarney Hills Master Plan AGENDA ITEM #2.c. 4. Methods 4.1 Website A website will be created for the project and will be updated regularly to keep interested stakeholders informed of the project's progress. The website will also make all project documents available for review and will provide contact information for project staff. 4.2 Point of Contact To ensure that all public comments are received and documented, a single point of contact will be established in the Community Development Department (CDD) and a unique project email will be created. 4.2.1 Staff Contact Information Inquiries about the project should be directed to: Sara Mason, Community Development Director (907)486-9360 killarnevhills(a)kodiakak.us 4.3 Meetings and Hearings 4.3.1 Meetings With Nearby Property Owners Development of this property will have direct impacts on adjacent and nearby property owners. Early and ongoing coordination with this stakeholder group will ensure early resolution or avoidance of negative impacts associated with future development. At least 3 meetings will be held with adjacent and nearby property owners. (See Appendix B for the anticipated meeting schedule.) 4.3.2 Public Meetings This property is currently being used by the public and is owned by a public entity. It is important that the public be given multiple opportunities to provide input, voice their concerns, and engage in meaningful conversation with the project team. Currently, 3 public meetings are scheduled to coincide with major project milestones (see Appendix B). 3 Page 106 of 112 Killarney Hills Master Plan AGENDA ITEM #2.c. 4.3.3 Public Hearings After the draft plan has been revised based on comment received during the public comment period, public hearings will be scheduled with the Planning and Zoning (P&Z) Commission. Once P&Z feels that the plan is ready, it will be forwarded to the Assembly with their recommendation. The Assembly will also hold public hearings on the plan before taking final legislative action. 4.3.4 Agency Coordination Meetings It is anticipated that there will be at least 3 interagency meetings at which local government officials and committees will have the opportunity to collaborate and discuss public input, development strategies, funding opportunities, etc. 4.4 Mailing List A mailing list will be developed and maintained by CDD for those wishing to receive project updates by mail. Several postcards will be mailed that coincide with key milestones and events, such as public meetings and release of the draft master planning document. 4.5 Listsery For interested parties preferring electronic communication, a listsery will be developed and maintained by CDD. Email correspondence will be sent at the same time as mailed updates and will contain the same information. 4.6 Documentation of Public Involvement Activities All public involvement and outreach activities will be documented as they occur. A compilation of this information will be included as a chapter of the master plan. 4.7 Comment Documentation A table will be maintained to document each public comment received and each response sent. This table will allow staff to easily categorize and summarize issues, concerns, and suggestions submitted by stakeholders and to ensure that each project participant's comments are being weighed and considered in the decision- making process. Page 107 of 112 Killarney Hills Master Plan AGENDA ITEM #2.c. Comments will be responded to in the manner in which they were received. For example, a comment sent in the form of a letter will be responded to with a letter. 4.8 Other Methods Other public outreach methods may be added to this Public Involvement Plan as needed if public involvement goals are not being met. 5. Communication 5.1 Communicating with the Planning and Zoning Commission P&Z will be provided updates on the progress of the project at work sessions and regular meetings, at which time they may alter the project scope, schedule, or public involvement plan if necessary. All documents distributed to P&Z commissioners for these discussions will also be made available to the public and although these meetings will not be public hearings at which public testimony will be heard, citizens will be encouraged to observe discussions and provide written feedback to CDD staff (Section 1.2). 5.2 Communicating by E-mail and Letter All comments received and responses sent via e-mail or letters will be saved as PDFs and will be kept by CDD, distributed to P&Z, and made available on the project website for the public to view. Through the life of the project, original e-mails will also be kept in their native file format in Microsoft Outlook. 5.3 Communicating by Telephone and In -Person All telephone and in-person correspondence will be documented electronically, to the extent possible, and filed with e-mail and letter correspondence with CDD (Section 5.2). Similarly, telephone and in-person communications will be distributed to P&Z and made available to the public via the project website. Enclosures: Appendix A—Tract R2, Killarney Hills Subdivision Master Planning Process Detailed Scope Appendix 8—Proposed Timeline for Tract R2 Killarney Hills Master Plan Project 5 Page 108 of 112 Killarney Hills Master Plan AGENDA ITEM #2.d. KODIAK ISLAND BOROUGH OFFICE of the MANAGER MEMORANDUM Date: August 25, 2016 To: Mayor and Assembly From: Michael Powers, Borough Manager Subject: 90 Day Report This memorandum is to memorialize my observations and experiences in the first 90 days serving as Borough Manager and to give "fresh set of eyes' to the Kodiak Island Borough. It is a pleasure to serve as the Manager, and I appreciate the opportunity to serve this great community. It is agreed that a follow up evaluation with goals will be completed to ensure 1 am moving in the direction the Borough desires. Some of my observations: • A vision for both the short and long-term goals of the Borough needs to be developed, articulated and shared with the Community. It needs to be the guiding overall policy direction. This is in addition to a strategic plan (and accompanying work plan). Decisions and resources should further this vision. • It appears that the organization of the Borough has morphed over the years by downsizing, but without a plan to do so. Some of the divisions of responsibility are unclear and not always logically located together (for example, part of the HR functions are in Finance, others are in the Manager's Office). A review and possible reorganization/restatement of functions and duties should be considered. Staffing has been reduced over the years and has created difficulties. Further, recruitment for professional level positions is extremely difficult. In order to be responsive, the Borough needs adequate staff and must be able to attract and retain adequate staff. Review of the classification system, salaries and benefits should be undertaken over the next several years. Outsourcing should be considered where feasible. Existing staff is educated, knowledgeable and willing to serve the community. Their value to the community should be acknowledged. Without staff, nothing gets donel There are a number of practices within the Borough that bear examination, from meeting order, to codification of the laws and directions of the Assembly, as well as other processes. By ordinance, for example, we follow Robert's Rules, but we don't allow the Parliamentarian (Borough Clerk) to raise Points of Order. Similarly, we have codified the order of meetings by Ordinance, which makes It far more difficult to change than adopting it by Resolution. We sometimes allow public input on an item, without suspending the rules, other times we don't. A rule of thumb from a City Clerk's class was to only codify those Items that will be on the books for years, otherwise use a resolution. Further, it costs money and while only one Assembly member is needed to introduce it, it doesn't mean it has a chance of passing and obviously you can't line up the votes ahead of time. We should address this. Many things have been codified (like the Personnel Manual) that don't need to be in the ordinance but could be by resolution. Page 110 of 112 90 Day Manager Report AGENDA ITEM #2.d. • The Borough appears to understand the Assembly (Council)/Manager Form of Government. We need to educate and reinforce the policy-making role of the Assembly and the execution of that policy by staff. With the election coming, It is a great timing to plan for a new member/boardsmanship training session(s). The purpose of the training is to help both new and existing members to understand the roles of the Assembly, staff and the public in our governance system of representative democracy. • The financial systems of the Borough are deeply intertwined with the School District. Separation Is underway and needs to be completed so that we can better monitor our finances and track our revenue and expenses. We need to simplify our reports to the public to be more user- friendly. • There is a need for analysis, planning and action on a number of fronts. A master facility plan for Borough Hill and other properties and activities is overdue. We need to analyze our housing stock, needs and the economics of the same. We have significant substandard housing as well as bear the burden of being in a remote location that drives up prices for all construction. We need a comprehensive plan for land disposal that results in the use of land, notjust selling it and having it sit unused. We need to jointly develop an active Economic Development plan for the community. • Code Enforcement is always a difficulty and a balancing act. Clearly "what comes to the Island, stays on the Island" is a legitimate issue; however, we need to look at efforts, such as replicating the "metals project" on a community wide/source wide basis as appropriate. We need a more active recycling program in conjunction with our landfill as well as construction projects. Aesthetics is a challenge for a variety of legitimate reasons and should be addressed on the long term. An invigorated community effort to "Keep Kodiak Clean" is needed. • We have a large number of committees and a difficult time filling the positions. The Assembly should strategically consider their roles, functions and possible options to make sure the Borough operates in a responsive manner. We should actively try and recruit new faces into these committees. A citizen's academy for civic engagement should be offered (possibly In conjunction with the City) as well as other methods to reach the community and involve them in the future of Kodiak. • The Community Is diverse. There are numerous organizations in the community that provide a variety of benefit to the community. In addition there are a number of different cultures in the community. We need to celebrate and embrace the richness they bring and foster growing all of us. • Customer Service - We need to embrace a customer service attitude from the Assembly and throughout the employees. At the Assembly level, that means making decisions for the greatest good, not for the loudest voices. At the staff level, that involves treating every constituent as a valued member of the community and to make all reasonable efforts to get to "yes". We can't and aren't empowered to solve every problem, but we should always be a resource to assist the public. • We work at a variety of levels with other local, state and federal agencies as well as numerous businesses and corporations. We need to nurture all of those relationships and especially work on those that are less than wholesome. Where we have strengths, we should offer them to others. Where we have needs, we should work collectively to fill them. Page 111 of 112 90 Day Manager Report AGENDA ITEM #2.d. • On a related note, we need to actively pursue better relations with the Villages and have a more active presence both from the elected officials as well as at the staff level. • There are a number of items that have been left unfinished over the past year in the Borough that need to be completed. • Staff training on a variety of subjects, including Emergency Management, needs to be undertaken. All training takes away from other productive work, but certain skill sets are critical and need to be addressed. • Decorum and civility should be the norm for the Assembly, staff and the public. While we have rules that address some of this, we need to ensure we all practice it and be unafraid to point out lapses. • The Community has faced a variety of challenges related to fishing and has successfully addressed and supported changes to deal with these challenges. While not everyone agrees on every topic, the community is engaged and actively seeks to address problems and issues. • Kodiak has successfully worked to diversify its economy to include tourism with more successes on the horizon. • Utilities on the Island are diversified and reasonably priced which benefits all. • A pride of place (pride of ownership if you will) is very much a part of all aspects of life in the community. • Natural resources are abundant and generally well respected and protected. Some conflicts exist but the community supports the wise and beneficial use of resources without pushing for actions that would result in depletion. The Borough obviously undertakes a significant number of very diverse activities. Many, many things are done well and are "below the radar' because they are successfully carried out. Some we need to improve upon. Kodiak is a unique and caring community with a true sense of identity that needs be supported. Kodiak has successfully dealt with significant change in the past to remain a vibrant community when many other communities have failed. I look forward to working with the Assembly to continue to make Kodiak a great community and to work towards an even more prosperous future. 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