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2016-11-29 Work SessionPage Kodiak Island Borough Assembly Work Session Tuesday, November 29, 2016, 6:30 p.m. Borouoh 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. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS 3-177 a. Termination Point And Long Island Conservation Easements - ;.� Austin Quinn Davidson and Lauri Adams Termination Point and Long Island Presentation - Pdf Easement Comments 178-187 b. Main Elementary Walkway Main Elementary Walkway - Pdf 3. PACKET REVIEW UNFINISHED BUSINESS Resolution No. FY2017-05 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision (P&Z Case No. 16-026). NEW BUSINESS CONTRACTS *Approval Of Change Order No. 1 Amending Contract FY2016-28 With Playcraft Direct Inc, To Purchase Playground Equipment For The Playground Replacements Project RESOLUTIONS Resolution No. FY2017-24 Accepting Conservation Easements For Habitat Preservation And Public Access On Leisnoi Incorporated Land At Long Island. Resolution No. FY2017-25 Accepting A Conservation Easement For Habitat Preservation And Public Access On Leisnoi Incorporated Land At Termination Point. *Resolution No. FY2017-26 Support Full Funding from the State of Alaska for the School Bond Debt Reimbursement. Resolution No. FY2017-21 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition (P&Z Case No. 17-003) Resolution No. FY2017-23 Accepting The Recommendation Of The Planning And visit our website at www.facebook.com/Kadiakislandborough © @KodiakBorough www.kodiakak.us Page 1 of 187 Zoning Commission By Approving The Disposal Of Lot 3, Lake Orbin Subdivision (P8Z Case No. 17-007) Resolution No. FY2017-22 Accepting The Recommendation Of The Planning And Zoning Commission By Approving the disposal of Lots 1 and 2, Raven Hills Subdivision (P8Z Case No. 17-006) ORDINANCES FOR INTRODUCTION Ordinance No. FY2017-12 Rezoning Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision From PL -Public Use Lands District To R1 -Single -Family Residential District (P8Z Case No. 16-028). Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes Readopt The 2012 International Residential Code For One And Two -Family Dwellings. OTHER ITEMS *Procurement Of A Ford F350 1 Ton 4X4 Truck for the Kodiak Island Borough Leachate Treatment Plant. `State Of Alaska Alcoholic Beverage Control Board Request For Renewal Of Liquor License Applications Within The Kodiak Island Borough Jurisdiction. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. Confirmation of the Mayoral Appointment to the Kodiak Workforce Regional Advisory Council Health and Sport Fitness Seat (Ms. Melissa Passarello). Confirmation Of The Mayoral Appointment To The Planning And Zoning Commission City Seat (Mr. Chris Hatch). EXECUTIVE SESSION Strategies In Negotiating The Hospital Lease. Matters Involving Negotiations With The IBEW. 4. MANAGER'S COMMENTS 5. CLERK'S COMMENTS 6. MAYOR'S COMMENTS 7. ASSEMBLY MEMBERS COMMENTS Visit our website at www.kodiakak us www.facebook. com/Kodiakisland borough @Kodiak Borough Page 2 of 187 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 29.2016 _ ASSEMBLY WORK SESSION TITLE: 1W Termination Point And Long Island Conservation Easements - Austin Quinn Davidson and Lauri Adams ORIGINATOR: Duane Dvorak FISCAL IMPACT: Account Number: FUNDS AVAILABLE: Amount Budgeted: SUMMARY STATEMENT: Review of draft conservation easements for Leisnoi Incorporated land at Termination Point and Long Island, as prepared and facilitated by Great Land Trust. Review of proposed borough resolutions accepting management responsibility for the easements. Presentation by Great Land Trust and Exxon Valdez Oil Spill Trustee Council to review and answer questions about the easement agreements. PURPOSE, ACTION, OR RECOMMENDED MOTION: No action required. Items are scheduled on the December 1, 2016 regular meeting for action by the assembly. Questions by the assembly prior to the regular meeting may be referred to Resource Management Office to coordinate responses from Great Land Trust and Exxon Valdez Oil Spill Trustee Council prior to the regular meeting. Kodiak Island Borough Termination Point And Long Island Conservation Easements -A... Page 3 of 187 AGENDA ITEM #2.a. Page 4 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 5 of 187 Termination Point And Long Island Conservation Easements -A... v � m Z � T (OD O Z c o E o m ? m Page 5 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. 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Page 22 of 181 Termination Point And Long Island Conservation Easements -A... =E c o E <Z a O N U N E N 4 f0 d L 0 3 'p a U 2 C m a O > N � O � Y rti .O QI O uj Lr Clod O •Lr � • • E L U N N Ln ~ L U 'C Ln -- __, n >~ N 0 O 00 4-i MLU O O ■ 'O N N +' � O �3r U ElO Page 22 of 181 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 23 of 187 Termination Point And Long Island Conservation Easements -A... j j C � N N O T d p F F N c c m cc c m m E O N -' U d N U 'O -� f0 L 0 3 'O 0 U N m C 0 0 N \ � O M Y�I .'y ^O .W..I i -I O .'y C i -I =i--1 Y iOI • (U S.. Y r. En 0 d c En c U "IJ • d ~ O U O N a, • O _ > .0 N cdcd S~ N > N � N ¢, N N N _ cd E b Q. O L� U �D Page 23 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page za of 1bt Termination Point And Long Island Conservation Easements -A... 2 N a c E a c U a m E E � c Y/}•y•yI � W O .. � o�n ui ui H 4° -o v °o cd 0 � 00 o r a cd >~ Ln Ln o LU Ln cd U Lij Y �r o •LL Y 0 b LIJ O it Y O .Y LU U N cd En cd N M b > cd N 4 U N OIM4 G w w cd ❑ ❑ ❑ Page za of 1bt Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 25 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 26 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH AGENDA STATEMENT -i DECEMBER 1. 2016 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2017-25 Accepting A Conservation Easement For Habitat Preservation And Public Access On Leisnoi Incorporated Land At Termination Point. ORIGINATOR: Duane Dvorak FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: Approximately one year ago, native corporation Leisnoi Incorporated proposed to sell a conservation easement to the Exxon Valdez Oil Spill Trustee Council (EVOSTC) for a 1,028 acre parcel of land at Termination Point. At that time, the assembly adopted KIB Resolution No. FY2016-13, indicating a willingness to consider holding the conservation easement agreement in order to benefit the local community and to allow the process to move forward. After a thorough process facilitated by conservation organization Great Land Trust, an easement agreement has been drafted based on extensive due diligence activities and reviewed by the various parties to the agreement. The completed draft conservation easement is now presented for review and acceptance by the assembly on behalf of the Kodiak Island Borough community. PURPOSE, ACTION, OR RECOMMENDED MOTION: Move to adopt Resolution No. FY2017-25. Kodiak Island Borough Page 27 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 28 of 187 Termination Point And Long Island Conservation Easements -A... 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly Drafted by: Resource Management Officer 3 Intmduced on: 121012016 4 Adopted on - 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2017-25 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ACCEPTING A CONSERVATION EASEMENT FOR HABITAT 11 PRESERVATION AND PUBLIC ACCESS ON LEISNOI 12 INCORPORATED LAND AT TERMINATION POINT 13 14 WHEREAS, Leisnoi, Inc., an Alaska Native Corporation, is willing to sell a conservation 15 easement on approximately 1,028 acres of land it owns at Termination Point to benefit 16 habitat conservation and allow for public access; and, 17 18 WHEREAS, the Kodiak Island Borough has been offered the opportunity to hold this 19 conservation easement to benefit the members of its community; and, 20 21 WHEREAS, Great Land Tmsl (GLT), a conservation organization serving the Kodiak 22 area, has presented to the Kodiak Island Borough Assembly a number times regarding this 23 potential conservation easement; and, 24 25 WHEREAS, the Kodiak Island Borough Assembly voted on October 15, 2015, in 26 resolution number FY2016-13, to support negotiations between GLT and Leisnoi, Inc. to 27 investigate the terms of a potential conservation easement at Termination Point; and, 28 29 WHEREAS, the Exxon Valdez Oil Spill Trustee Council (EVOSTC) voted in November of 30 2015 to approve funding to purchase this conservation easement from Leisnoi, Inc. out of 31 Exxon Valdez Oil Spill settlement funds; and, 32 33 WHEREAS, GLT, on behalf of EVOSTC, has completed extensive due diligence 34 activities on the conservation easement property, including a Phase I environmental 35 assessment, an appraisal to substantiate the value of the easement, and title review, all of 36 which have been communicated to the Kodiak Island Borough Assembly; and, 37 38 WHEREAS, a draft conservation easement has been jointly developed between Leisnoi, 39 Inc., the Kodiak Island Borough, EVOSTC, the U.S. Department of Interior, and the Slate 40 of Alaska Department of Natural Resources; and, 41 42 WHEREAS, this conservation easement document has been reviewed by the Kodiak 43 Island Borough and is substantially complete for the purpose of review and acceptance by 44 the Kodiak Island Borough. 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 47 BOROUGH THAT: 48 49 Section 1: The Kodiak Island Borough Assembly recognizes the benefit to its community 50 in holding the conservation easement on the Termination Point property. Kodiak Island Borough, Alaska Resolution No. FY2017-25 Page 1 of 2 Page 28 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 29 of 187 Termination Point And Long Island Conservation Easements -A... 51 52 Section 2: The Kodiak Island Borough Assembly hereby authorizes staff to finalize the 53 conservation easement and oversee completion of due diligence, and 54 authorizes its signing officer(s) to execute all fors or documents necessary 55 to effectuate the Kodiak Island Borough's acceptance and holding of this 56 conservation easement in perpetuity. 57 58 59 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 60 THIS DAY OF 2016 61 62 KODIAK ISLAND BOROUGH 63 64 65 66 ATTEST: Dan Rohr, Borough Mayor 67 68 69 70 Nova M. Javier, MMC, Borough Clerk 71 72 73 Kodiak Island Borough, Alaska Resolution No. FY2017-25 Page 2 of 2 Page 29 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 30 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 LEISNOI CONSERVATION EASEMENT TERMINATION POINT PARCEL THIS TERMINATION POINT CONSERVATION EASEMENT ("Conservation Easement") is entered into as of this _ day of by LEISNOI, INCORPORATED, ("Leisnoi"), a Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act ("ANCSA"), 43 U.S.C. 3 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 "Gmntee" and collectively as the "Gratttees"), 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 am 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, 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-1, 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 Fxron Valdez oil spill (EVOS) 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 1 Page 30 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 31 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 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 Gmotor'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 prolective 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 Erson Valdez oil spill on the Protected Property and the services (including subsistence, recreation, tourism and sport hunting and fishing), provided by those natural msources; and WHEREAS, the Borough desires to provide opportunities for the public to undertake 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 2 Page 31 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 32 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 restrictions so as to maintain the Protected Property in its natural condition, and to further and not impair or interfere with the Tmstee 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 pmtmtion 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 $5,451,000.00, 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 prevision of the Kodiak Island Borough Code shall authorize the Borough to lake 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 public use consistent with the purposes, restrictions and other terms in this Conservation Easement. Acceptance of and recording of this Conservation Easement by 3 Page 32 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 33 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 Grantees shall evidence Grantees' acceptance of and agreement to all of its terns 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. 1. 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 Pmperty 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 less restrictive than 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 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 4 Page 33 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 34 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10.31-2016 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. 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 terms, including the restrictive provisions, set forth in this Conservation Easement: provided, however, that nothing in this Conservation Easement shall be constmed 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 F. on 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 Properly that is inconsistent with the purposes of this Conservation Fasement 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 concurrence of the United States Bureau of Land Management, the Borough may 5 Page 34 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 35 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 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 Borough or the United States 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. 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 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 6 Page 35 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 36 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 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 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 Stale 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 Pmperty 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. M. 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 administrative function, to be necessary: (1) to further the accomplishment of the habitat protection and restoration objectives for which the Conservation Easement to 7 Page 36 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 37 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 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 pamgmph (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) thm (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, brash 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; 8 Page 37 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 38 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10.31-2016 (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 commemial or subsistence hunting purposes. Notwithstanding this prohibition, the Borough may employ trapping as reasonably necessary as a method to control or minimize wildlife damage to infrastructure (such as fmm Flooding by beaver dams). (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, mads, 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 am not native to Kodiak Island, Alaska, agricultural uses, or wild fish or game fanning, including, but not limited to, farm crops, aquaculture, hatcheries, the grazing of domestic animals or the introduction of reindeer or bison; and 9 Page 38 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 39 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10.31-2016 (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 ran 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. LEISNOI'S 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 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 10 Page 39 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 40 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMtNATrori POINT CONSERVATION EASEMENT 10.31-2016 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 ACL 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 am 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 Fasement 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 Fasement 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 11 Page 40 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 41 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31.2016 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 ("tmnsfers") 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 die shareholders for the use of the land. Such subsistence uses shall be in accordance with applicable State law, for personal and family consumption, and only so long as such activities am 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 Stale 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 12 Page 41 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 42 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KOOWC ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 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 impmvement 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. E 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. 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 13 Page 42 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 43 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10.31-2016 indemnify another Party as a insult 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 IV.c 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.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 14 Page 43 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 44 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODWC ISLAND BOROUGH TERMINATION POINT CONSERVATION BASEMENT 10.31-2016 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 Gmntor 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. L (1) The Parties intend that (A) neither of the Grantees will incur, suffer, or otherwise become burdened by any of the obligations or liabilities of an "owner" or "openam" as those words are defined, used, or interpreted under any environmental law, regulation, code, ordinance, order, other requirement or successor provision thereto, of any Federal, State, or local governmental authority relating to any hazardous, toxic, or otherwise harmful material, substance, or pollutant (collectively "Environmental Obligations"), solely by virtue of accepting this Conservation Easement, and (B) this Conservation Easement shall be constmed so as not to cause either of the Grantees to incur, suffer, or otherwise become burdened by any 15 Page 44 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 45 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BORODGR TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 Environmental Obligations solely by virtue of accepting this Conservation Easement, and (2) nothing herein (A) releases any Party or other person from such Environmental Obligations as it may have had prior to accepting this Conservation Easement, (B) releases any Party or other person from any Environmental Obligations as may arise hereafter by virtue of actions undertaken by or for it hereafter on or with respect to the Property, or (C) constitutes a promise by any Party to indemnify any other Party or other person for any Environmental Obligations (whenever arising). 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 follolring pages) 16 Page 45 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 46 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10.31-2016 LEISNOI, INC. Date: By: Jana Turvey Its: Chief Executive Officer STATE OF ALASKA I )ss. THIRD JUDICIAL DISTRICT I THIS IS TO CERTIFY that on the day of , 201_, before me, the undersigned, a Notary Public in and for the Stale 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: 17 Page 46 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 47 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10.31-2016 KODIAK ISLAND BOROUGH ACCEPTANCE In Testimony Whereof, the Gmntm 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: [None 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 swom, 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 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 47 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 48 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 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 Stales 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 ) )as. 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: 19 Page 48 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 49 of 187 Termination Point And Long Island Conservation Easements -A... GR.\NTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 After Recording Return to: Kodiak Island Borough [dept. 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] 20 Page 49 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 50 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KOOIAK ISI,ANn BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 EXHIBIT A Legal description of Termination Point Parcel Tract C, T. 27S., R. 19W., Seward Meridian, Alaska, Kodiak Recording District Containing 1028.00 acres, more or less According to the Supplemental Survey Plat accepted by the United States Department of the Interior Bureau of Land Management in Washington, D.C. on April 11, 1978. 11 Page 50 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 51 of 167 Termination Point And Long Island Conservation Easements -A... GaANTEE KODIAK ISLAND BOROUGH TERMINATION POINT CONSERVATION EASEMENT 10-31-2016 EXHIBIT A-1 Map of Termination Point Parcel TERMINATION POINT CONSERVATION EASEMENT MAP tsrzmw tsz�mvw taavw • taj. YaoW. S. M. Ip S. Riy-.SM. a bar Punt � 5]•SZPN 3 Xr6 � Ye5 ' 0• i 6 rQa -------- -c—f. e -F - 69 • sa.a ®s.t I � sr•a� ," 1+1 'srsvB ,r �• •- i —�r•� _ _ _ _i _ ••{• ti v. �yso 9 • ..� i .t•» �• I Ser rd • s"•a OConsemation Easement Boundary E logical reat»re Other features iM Ford, I Sen on tin. ® Wetlandf . Tud, ^! UFlmda •� Brads •�•• uanne oeeFwam : aosEs A r»xa r»x anr• 22 Page 51 of 167 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 52 of 187 Termination Point And Long Island Conservation Easements - A... KON IAG I NC O It I'O RATr D October 24, 2016 SENT VIA EMAIL Dave Mitchell Conservation Director Great Land Trust 715 L Street; Suite 200 Anchorage, Alaska 99501 Dear Mr. Mitchell: You requested that Koniag, Inc. provide comment on the conservation easements that Leisnoi, Inc. is negotiating with the Great Land Trust and Kodiak Island Borough for lands on Long Island and at Termination Point. In both of these cases, Leisnoi is the surface estate owner and Koniag is the subsurface estate owner. It is our understanding that these transactions involve Leisnoi's surface estate only. In that regard, Koniag recognizes and supports Leisnoi's ability to determine the highest and best use for its lands and therefore has no objection to their pursuit of these conservation easements. However, as the subsurface estate owner, Koniag, Inc. wants to he clear that these transactions have no impact on Koniag's rights with regard to its subsurface assets underlying the proposed conservation easements. Please feel free to contact me should you have any questions. Sincerely, ��/� G� C-/�c�jC Elizabeth Perry, PhD CEO Cc: lana Turvey, CEO Leisnoi, Inc. SaOJ� emerPo�nt pmc, �,ile 50= /{�cl.wagc, AI,nL, 995+ 0907) 56 t-2— FAX(907) Sot-Rta Page 52 of 187 Termination Point And Long Island Conservation Easements - A... AGENDA ITEM #2.a. Page 53 of 187 Termination Point And Long Island Conservation Easements -A... NATIVE CORPORATION To: Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, Alaska 99615 September 16, 2016 Re: Letter of support for Kodiak Island Borough Conservation Easements at Termination Point and Long Island Assembly Members: This letter is in reference to the proposed conservation easements to be held by the Kodiak Island Borough (KIB) on land owned by Leisnoi, Inc., at Termination Point and Long Island with funding from the Exxon Valdez Oil Spill Trustee Council. Ouzinkie Native Corporation (ONC), an adjacent landowner to the Termination Point property, supports the efforts of the KIB to hold and manage conservation easements on these lands. ONC understands that there is wide community support for these projects, that the conservation easements will restrict activities such as subdivision, natural resource extraction and development of the surface estate owned by Leisnoi, Inc., and that the properties will be managed by the KIB for conservation and public access. Please contact us with any questions. Sincerely, pamcN) �io 9,4 , Darren Muller, Sr. Chairman of the Board, Ouzinkie Native Corporation Main Office: P.O. Box 89 • Ouzinkie. AK 99644 • 907680.2208 Anchorage Office: 11001 O'Malley Centre Orke Ste 105 • Anchorage AK 93515 • 907.561.2452 w .auzinkie.mm Page 53 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 54 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 55 of 187 Termination Point And Long Island Conservation Easements -A... E E p E m r 1 71 i ga- Page 55 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 56 of 187 Termination Point And Long Island Conservation Easements -A... H N 1 N Vl OI N VI CO E v T c a U E E F n o 3 0 � V _ > N N N (� f Y r • '.if ■ Gp. • c Sr v is Y Page 56 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 57 of 187 Termination Point And Long Island Conservation Easements -A... 21 O z ° m E E 2 m %% •'� a10i L °' c u > m v a $ m C7 � o rn r` • �, ter . , l '� r"•. 9 s uW Page 57 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 58 of 187 Termination Point And Long Island Conservation Easements -A. 2 w a > m o z c 9 o m E E E m c m o rn X11 t f 1 1 f \yX. ' T. l ? ; Jai Page 58 of 187 Termination Point And Long Island Conservation Easements -A. AGENDA ITEM #2.a. Page 59 of 187 Termination Point And Long Island Conservation Easements -A... 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Page 69 of 187 Termination Point And Long Island Conservation Easements -A... 0 z ~ C N c a o m C � E E � E mO � o � Sy. b � U C C O b U --i to O ra 0 O O � U O � Y 0 O 01..� viI • •� W O O O ti c U � Page 69 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA 7£m #.a Page 70 @,r Termination PoimAndbm��kce_&e Easements -A... E u ` ! E § �) � \ / § _ \/ \\E \\ \ \\ \ \ j � % & E £ 8 = ƒ t \ / § 'e \ ® \ \ 5 ƒ/ (0 e / f 2 k \ e g r c z G { S # 7 [ .e g [ § ( 2 / / \ aj j§ ) \ \)� \ ƒ 7 d ) \ J [ § Page 70 @,r Termination PoimAndbm��kce_&e Easements -A... AGENDA ITEM #.a Page of 187 Termination Poi4And23 Island Conservation Eaements-*. \ M \ : ! - § ; E } $ / c ® ; » - [ ® a / � f « m * - �kcrl �� d 0 § ® §§\\ / b � t bn \ ® § § En Qj g d q ] a o 0 8 ƒ + \ ■ ƒ0 d k § § 2 &\ffF ■ § 0 P4 § § \ ■ \ j t \ ° ®) ƒ- 2 § PEILO E Page of 187 Termination Poi4And23 Island Conservation Eaements-*. AGENDA ITEM #2.a. Page 72 of 187 Termination Point And Long Island Conservation Easements -A... N i N 0 N v O 3T E E a V C O 0.i C O C w O CL C C cd U U U as b N � F-1 c: Q ~ O . O C) C O U cl U 'O > > 4 U U N_ y U S7 C � Gl. U Page 72 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 73 of 187 Termination Point And Long Island Conservation Easements -A... W D > « O C UE � C � 0 v ? m i-+ a 0 Y ti F Sy X1-1 Y Q Sy �i N C N U1 � U y H Y on O c Q � O � 0 Y c C cd = bI� � T N N G0a O ci ❑ ❑ Page 73 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 74 of 187 Termination Point And Long Island Conservation Easements -A... ~ < m m i c 0 o E E E E 3 0 ? m U 0 m m Y (�r Q a C O a � Lij pC C r3 H LIJ c F 40. -O n � b OG p N 0z CO C by 0 .0 C vUi U O LLI LL1U p > > Y [d U • LLJ l.i 0 V LIJ O y �� a N o O OLU Y Y rti O U a� '.7 C itl 7 .D b > bA Y N N al .al ~ Y /� L'1 GUU [3y � w CJ El El 1-1 Page 74 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 75 of 187 Termination Point And Long Island Conservation Easements -A... v F-' � C Z�Z �C ✓� m VI z c c g 3 J 2 a. v O 3 E E E ? ry r D � i t r �i. � f Page 75 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #.a Page of 187 Termination Point And Long Island Conservation Easements -A... 4 ��\\�} ■mac p , » - § / « zQ G: 2202 p_> maa= %. � 9=@5 C) \. \ j g / / . n / D An, 2' Page of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 77 of 187 Termination Point And Long Island Conservation Easements -A... A canal Intamatian related to pmpomd cansemabon easements proNded by Great Land Trust and ENO= -111a/16 Termination Point and Lone Island Conservation Easement The following provides additional Information regarding a number of issues or questions that were raised in the course of the Kodiak Borough's review of the Termination Point and Long Island Conservation Easements. 1. Prohibition on Trapping At the work session on Aug. 25, 2016, an Inconsistency was noted in the wording of the draft Conservation Easements. Section 111(a)(vii) prohibits trapping by the public on the properties, but trapping was still listed in the separate section on subsistence uses (Section IV(d)). This Inconsistency has been corrected in the updated version of the Conservation Easements by deleting the reference to subsistence trapping in Section IV(d). That section now provides for subsistence uses in accordance with state law for personal and family consumption, so long as It is consistent with the Conservation Easements. This corrects the Inconsistency that was noted and clarifies that trapping would not be allowed by the public on the properties. The Borough also expressed a concern that it sometimes uses trapping as a management technique for controlling wildlife damage to Infrastructure such as roads (the most common situation is the removal of beaver that may be building dams in inappropriate locations, causing flooding). To address this management issue, an exception was added at the end of the trapping section in Section 111(a)(vii) that accommodates the Borough's management needs. 2. Borough Management Preraptives and Enforcement Discretion A question was also raised regarding how the Conservation Easements might affect the Borough's regulatory and management prerogatives In general. There are really three parts to this question. The first part is what affirmative management action if any, would the Borough have to take to comply with Section I of the Conservation Easemenes requirement to manage to "strictly in compliance with the Conservation Easement"? The restrictions in the Conservation Easements prohibit certain types of activities or uses on the properties, but do not require any affirmative activities to be undertaken by the Borough. So, management strictly in accordance with the Conservation Easements means that the Borough could not authorize activities (by permit or other official approval, for example) that are Inconsistent with the Conservation Easements. An example would be that the Borough could not lease timber rights or authorize roads to be built on the properties. But nothing In the Conservation Easements requires the Borough to undertake particular affirmative management actions or expenditures. The second part Is what, if anything, must the Borough do to prevent or correct violations of the Conservation Easements bytherprblic7 This second aspect falls within the Borough's enforcement discretion. Section 11(a) of the Conservation Easementstates that the Conservation Easement does not Impose an affirmative obligation on Grantees to restore the properties or take any particular enforcement measures. The Borough may allocate its 1 Page 77 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 78 of 187 Termination Point And Long Island Conservation Easements -A... enforcement resources on the properties as it believes appropriate and the same way it makes decisions about enforcement of violations on other Borough lands. The third part of this question Is whether the Conservation Easement InterfereS with the Its Borough (particularly Its zoning or Borough's normal application of codes and regulations permit requirements for development). As noted above, the constraint the Conservation Easements would place is that the Borough could not affirmatively authorize activities or uses of the properties that are prohibited or restricted by the Conservation Easements. To address the concern, a change was made in the wording of Section I of the Conservation Easements to clarify that the Borough's ordinances are only preempted by the Conservation Easements "should the terms of the Borough's ordinances he less restrictive than the Conservation Easement" The continuing applicability of Borough normal zoning and regulatory requirements Is also discussed further in Section 3 below. 3. Lane Island Parcel B Retained D v lopment Rights Parcel B is the small portion of Long Island (approximately 141 acres) set apart from the larger portion of the Island by an Isthmus. On this parcel, the landowner retains certain development rights, as set forth in the Parcel B Conservation Easement A question was asked regarding what may be constructed on the Parcel B property. The Conservation Easement limits any construction to 50 acres out of the approximately 141 acres in Parcel B. The remaining 91 acres will remain In their natural, undeveloped state (except for signage and pedestrian trails, which are also allowed on the remainder of Long Island). The purpose of the retained development rights, as described in Section IV(b) of the Parcel B Conservation Easement is to allow the landowner to construct facilities to promote the ' cultural education of Alaska Natives of the Kodiak region. On the 50 acres of retained rights, the landowner may build a meeting hall, 15 family cabins initially, and up to 25 more cabins phased over 25 years (for a total of 40 family cabins), and, at the end of 25 years, a lodge. The Conservation Easement does not permit subdivisions or private residences to be constructed on Parcel B. As provided in Section IV(b) of the Parcel B Conservation Easement any future development on the reserved 50 acres is sublect to compliance with all the sameBorough lawcodes and permitting= ir�_ nts and approvals that world apply to private properly elsewhere within the Borough. Thus, the Conservation Easement does not exempt the Long Island property from the Borough's normal legal and regulatory code requirements or lessen them In any way. The description of what may be constructed set out in the Conservation Easement is necessary to specify what is allowed without violating the Conservation Easement It does not displace any of the Borough's codes or permit requirements, which would continue to apply to any construction or development project in the Borough. 4, Environmental Site lnrip=dons of Properties Another issue which was raised is the possibility of any environmental contamination. A "Phase I" Environmental Site Assessment has already been completed on the Termination 2 Page 78 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 79 of 187 Termination Point And Long Island Conservation Easements -A... Point property and no adverse issues were found. Final reports are being prepared, and the Phase 1 Report will be provided to the Borough for its review and approval as part of due diligence before conveyance. The situation with Long Island is a little different As the Borough is aware, Long Island was the subject of a federal U.S. Army Corp of Engineers (COE) cleanup and waste removal in 2004-2005 to remove contamination left over from the use of portions of the island as a military base during World War 11. A comprehensive final report was prepared on the results of the COE cleanup, which was reviewed and approved by the Alaska Department of Environmental Conservation (ADEC) as well. The site was subsequently approved by ADEC as having met applicable environmental standards and closed. The final report of the cleanup is now being reviewed again by ADEC to ensure that all the documentation is complete and up to date and that all State and Federal institutional controls were met A copy of the cleanup report is available for the Borough's review as part of due diligence. The State's review will be completed and the Borough and the Federal government will receive the results for their review and approval. The final conveyance of the Long Island Conservation Easements to the Borough will not be completed until the Borough, the State and Federal governments are all satisfied with the results of these environmental reviews. Wording has also been added to the updated Conservation Easements that directly addresses the question of possible environmental responsibility. A new sub -section V(f) has been added to each Conservation Easement clarifying that the Grantees (the Borough and the U.S.) that will hold the Conservation Easements do not assume responsibility for any environmental contamination or other pollution that may exist on the properties by accepting Conservation Easements. The new language was added to clarify that pre-existing conditions on either property are not the responsibility of the Grantees. S. Meed for Survey of tone Island and updating of Legal Description Great Land Trust has contracted with a licensed surveyor to complete a survey of Long Island that will demarcate Parcel A and Parcel B in detail. As soon as the survey is completed, a copy will be provided to the Borough for Its review and approval as part of due diligence. The legal description of the property in each Conservation Easement will also be updated before final recording of the conveyances. (The legal description of the Termination Point parcel is adequate and does not require a survey.) g. Views of Ouzinkle Native Corporation and Koniae,Inc. Ouzinkle Native Corporation and Koniag, Incorporated are landowners in the immediate neighborhood of Termination Point Koniag, Inc. owns the subsurface estate underlying the Termination Point and Long Island lands, and Ouzinkie has landholdings near Termination Point A question was asked about these landowners' positions on the conveyance of Conservation Easements to the Borough. In response, letters from each of these Alaska Native Corporations stating their support for the projects have been included in your packet materials. 3 Page 79 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH AGENDA STATEMENT 'IlkDECEMBER 1. 2016 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2017-24 Accepting Conservation Easements For Habitat Preservation And Public Access On Leisnoi Incorporated Land At Long Island. ORIGINATOR: Duane Dvorak FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Approximately one year ago, native corporation Leisnoi Incorporated proposed to sell conservation easements on Long Island to the Exxon Valdez Oil Spill Trustee Council (EVOSTC) for a total of 1,258.5 acres in two parcels. At that time, the assembly adopted KIB Resolution No. FY2016-14, indicating a willingness to consider holding the conservation easement agreements in order to benefit the local community and to allow the process to move forward. After a thorough process facilitated by conservation organization Great Land Trust, an easement agreement has been drafted based on extensive due diligence activities and reviewed by the various parties to the agreements. The completed draft conservation easement agreements are now presented for review and acceptance by the assembly on behalf of the Kodiak Island Borough community. PURPOSE, ACTION, OR RECOMMENDED MOTION: Move to adopt Resolution No. FY2017-24. Kodiak Island Borough Page 80 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 81 of 187 Termination Point And Long Island Conservation Easements -A... 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly Drafted by: Resource Management Officer 3 Introduced on: 12/012016 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2017-24 9 30 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 ACCEPTING CONSERVATION EASEMENTS FOR HABITAT 12 PRESERVATION AND PUBLIC ACCESS ON LEISNOI 13 INCORPORATED LAND AT LONG ISLAND 14 15 WHEREAS, Leisnoi, Inc., an Alaska Native Corporation, is willing to sell conservation 16 easements on Parcels A and B, totaling approximately 1,258.5 acres of land it owns on 17 Long Island, to benefit habitat conservation and allow for public access; and, 18 i9 WHEREAS, the Kodiak Island Borough has been offered the opportunity to hold these 20 conservation easements to benefit the members of its community; and, 21 22 WHEREAS, Great Land Trust (GLT), a conservation organization serving the Kodiak 23 area, has presented to the Kodiak Island Borough Assembly a number times regarding 24 these potential conservation easements; and, 25 26 WHEREAS, the Kodiak Island Borough Assembly voted on October 1, 2015, in 27 resolution number FY2016-14, to support negotiations between GLT and Leisnoi, Inc. to 28 investigate the terms of these potential conservation easements; and, 29 30 WHEREAS, the Exxon Valdez Oil Spill Trustee Council (EVOSTC) voted In November of 31 2015 to approve funding to purchase these conservation easements from Leisnoi, Inc. out 32 of Exxon Valdez Oil Spill settlement funds; and, 33 34 WHEREAS, GLT, on behalf of EVOSTC, has completed extensive due diligence 35 activities on Long Island, including an appraisal to substantiate the value of the easement, 36 title review, and coordination with the Alaska Department of Environmental Conservation 37 regarding the 2005 cleanup of Long Island, all of which have been communicated to the 38 Kodiak Island Borough Assembly; and, 39 40 WHEREAS, draft conservation easements have been jointly developed between Leisnoi, 41 Inc., the Kodiak Island Borough, EVOSTC, the U.S. Department of Interior, and the State 42 of Alaska Department of Natural Resources; and, 43 44 WHEREAS, these conservation easement documents have been reviewed by the 45 Kodiak Island Borough and are substantially complete for the purpose of review and 46 acceptance by the Kodiak Island Borough. 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH THAT: 50 Kodiak Island Borough, Alaska Resolution No. FY2017-24 Page 1 of 2 Page 81 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 82 of 187 Termination Point And Long Island Conservation Easements -A... 51 Section 1: The Kodiak Island Borough Assembly recognizes the benefit to Os community 52 in holding these conservation easements on Long Island. 53 54 Section 2: The Kodiak Island Borough Assembly hereby authorizes staff to finalize the 55 conservation easements and oversee completion of due diligence, and 56 authorizes its signing officers) to execute all forms or documents necessary 57 to effectuate the Kodiak Island Borough's acceptance and holding of these 58 conservation easements In perpetuity. 59 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2016 63 64 KODIAK ISLAND BOROUGH 65 66 67 68 ATTEST: Dan Rohr, Borough Mayor 69 70 71 72 Nova M. Javier, MMC, Borough Clerk 73 74 75 Kodiak Island Borough, Alaska Resolution No. FY2017-24 Page 2 of 2 Page 82 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 83 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 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 ("Grantee'), 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 Stales"), 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 am 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 four 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 Exhibits A and A-1, 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 Exxon Valdez oil spill ("EVOS") 1 Page 83 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 84 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 as described in the Final Restoration Plan adopted by the Etxan 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 Grantors 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 am 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 WHEREAS, the Borough desims to provide opportunities for the public to undertake 2 Page 84 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 85 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 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 Tmstee Council's habitat protection and reslomlion 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 $4,870,000.00 (total for Long Island Parcels A and B), 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 85 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 86 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 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. 1. 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 amas, 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 am 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 Bomugh's ordinances be less restrictive than 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 86 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 87 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE xomAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10.31-2016 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 Pmtected 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 terms, including the restrictive provisions, set forth in this Conservation Easement; provided, however, that nothing in this Conservation Fasement 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 EasemenL 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 Exxon 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 87 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 88 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 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 constmed 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 6 Page 88 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 89 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10.31-2016 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 risme the protection and preservation of the natural resources and habitats of the Protected Property in perpetuity. In this mgard, 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. PROILWITED 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 89 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 90 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10.31.2016 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 paragmph (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 contral or remove non-native fish, wildlife or plants; (iv) manipulating or altering natural water courses, shorelines, marshes or other 8 Page 90 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 91 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 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 tmils 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. Notwithstanding this prohibition, the Borough may employ trapping as reasonably necessary as a method to control or minimize wildlife damage to infrastructure (such as from flooding by beaver dams). (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, mads, parking lots, utility towers, fences, billboards, signs, or any other stmctmes 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 ate 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 craps, aquaculture, hatcheries, the grazing of domestic animals or the 9 Page 91 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 92 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 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 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 tight to remove to Page 92 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 93 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KOOIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10.31-2016 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 Gmves 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 my excavations or removal of any Artifacts, and Gmntor 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 Grantors retained ownership and rights. Gmntor 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 sequestmtion 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 11 Page 93 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 94 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10.31-2016 these rights must be in accordance with this Conservation Easement and shall not create any burden or duty on the Bomugh 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 lens 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, for personal or family consumption, and only 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 12 Page 94 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 95 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 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 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. E The Grantor and the United Stales 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 fit above. g. The Protected Property shall forever be deemed to be real property conveyed to Grantor pursuant to the previsions of ANCSA and, as such, the Parties intend that the Protected Property shall not be deemed to have been improved, developed, 13 Page 95 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 96 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10.31-2016 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 Fasement. V. GENERAL a. Neither the Grantor nor the Gmntees may assign or otherwise transfer their respective rights or duties under this Conservation Easement, whether voluntarily or otherwise, except as permitted by this pamgmph and the provisions of Section ILh. Any purported assignment or transfer in violation of this paragraph is void. Notwithstanding the prohibition on assignment or tmmler, 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 agars 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 Grantors control. Gmmces 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.c, has received an interest in the rights to carbon credits held by Grantor in the lands subject to the Conservation Easement. 14 Page 96 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 97 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAR ISLAND BORGucx LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 c. No amendment or waiver of this Conservation Easement is effective which adversely impacts the habitat protection and restoration objectives of the Tmslee Council or removes the restrictive covenants or prohibitions fmm 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 Fasement. 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. E (1) The Parties intend that (A) neither of the Grantees will incur, suffer, or otherwise become burdened by any of the obligations or liabilities of an "owner' or "opemlor" as those words are defined, used, or interpreted under any environmental law, regulation, code, ordinance, order, other requirement or successor provision thereto, of any Federal, State, or local governmental authority relating to any 15 Page 97 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 98 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10.31-2016 hazardous, toxic, or otherwise harmful material, substance, or pollutant (collectively "Environmental Obligations"), solely by virtue of accepting this Conservation Easement, and (B) this Conservation Easement shall be construed so as not to cause either of the Grantees to incur, suffer, or otherwise become burdened by any Environmental Obligations solely by virtue of accepting this Conservation Easement, and (2) nothing herein (A) releases any Party or other person from such Environmental Obligations as it may have had prior to accepting this Conservation Easement, (B) releases any Party or other person from any Environmental Obligations as may arise hereafter by virtue of actions undertaken by or for it hereafter on or with respect to the Property, or (C) constitutes a promise by any Party to indemnify any other Party or other person for any Environmental Obligations (whenever arising). TO HAVE AND TO HOLD unto Grantees, their successors and assigns, forever. W 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) 16 Page 98 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 99 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASESIEN-r10-31-2016 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 Stale 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 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 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: 17 Page 99 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 100 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10.31-2016 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: 15 Page 100 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 101 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 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 Stales 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 sworn, 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: 19 Page 101 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 102 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASENIEN710-31-2016 After Recording Return to: Kodiak Island Borough [dept. or officerl 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 INDEXI 20 Page 102 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 103 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 1031-2016 EXIMIT A Legal Description of Long Island Parcel A T.27 S., R.18 W., Seward Meridian Sec. 32, Lot 1. T.28 S., R.18 W.. Seward Meridian Sec. 4, Lots 1 & 2; Sec. 5, Lot 2; Sec. 6, Lot 2; Sec. 7, Lot 1; Sec. 8, Lot l; And a portion of Lot 1, Sections 5 and 6, having a northern boundary more particularly described as follows: Beginning at a reference monument, a brass tablet in concrete USC&GS "HEAD 1907, 1933" as shown on plat of survey for Township 28 South, Range 18 West of the Seward Meridian, Alaska by U.S. Bureau of Land Management and accepted January 9, 1980. Thence S 39'55'36'E 2,600.7 feet to a point on the mean high water of Vera Bay, this being the True Point of Beginning for the northerly boundary; Thence S 61 "53'00" W 135.7 feet to a Witness Comer to the Meander Comer, a stainless steel pipe monument with brass cap marked "Public Easement" and being located at NAD83 Lai: 57°46'58.642"N, Long: 152°14'50.978W; Thence S 61°53'00" W 164.0 feet to a Witness Comer to the Meander Comer, a stainless steel pipe monument with brass cap marked "Pubic Easement"; Thence S 61"53' W" W 49.8 feet to a point on the mean high water of Cook Bay; as shown on a sketch attached hereto and made a part of this description. T.28 S., R.19 W.. Seward Meridian Sec. I, Lot 1; Sec. 11, Lot 2; Sec. 17, Lot 1; Sec. 13, Lot 1; Sec. 14, Lot I. Located in the Kodiak Island Borough, Kodiak Recording District, Alaska. 21 Page 103 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 104 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL A CONSERVATION EASEMENT 10-31-2016 EXHIBIT A-1 Map or Long Island Parcel A LONG ISLAND - PARCEL A CONSERVATION EASEMENT MAP �yi r •o•w rsino w sa•r '°•w rsa•i •o•w T275. R,pW 5 M. Tn5. R18W s.N. I i Sac, sal 32 Volnt , 57'47'°-N • G R sac ROY xcs Yca ° .-•.:... Nes O� •D' a • Si 46•o N I � Y •l i xcn v Yc.a--L11er Se" sale �a tansr�a ah CP ewR � P Sal 14 'b 57.45o'N ` ,cq (� Yc e Refueel QConservation Easement Boundary _ y Ecological Features Other Features _ — [: tate or Ponds ,— 1 section Dnn C h i n l a k ® wetlands Q T nahip tines Bay Uplands ••••• Tnih Marine DttpwatN . Rodu A. nas. R. g W,SN. Ta 15, Rr8W. 5. M. ra I•n:a• t x °.yrirxh.e WY .ivs u.r•ti M 22 Page 104 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 105 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLANO PARCEL B CONSERVATION BASEMENT 10-31-2016 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, INCORPORATED ("Leisnoi"), a Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act ("ANCSA"), 43 U.S.C. § 1601, er. 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 Pmperty") is located on Long Island an island approximately four miles east of and new 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-1 (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 F=on Valdez oil spill ("EVOS") 1 Page 105 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 106 of 187 Termination Point And Long Island Conservation Easements -A... GnArrrEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION FASEMEMT 10-31.2016 as described in the Final Restoration Plan adopted by the Enron Valdez Oil Spill Trustee Council (the "Tmstee Council'), on November 2, 1994 ("Conservation Values"); and WHEREAS, the Trustee Council has appmved 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 Grantors 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 or 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, architcemral, 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 Enron 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 2 Page 106 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 107 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION BASEMENT 10-31-2016 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 Stales 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. 4 1715, and for and in consideration of $4,870,000.00 (total for Long Island Parcels A and B), 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 pmtmt 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 107 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 108 of 187 Termination Point And Long Island Conservation Easements -A... GmN E KODUK ISLAND BOROUGH LONG ISLAND PARcm B CONSERVATION FA imiENr 10-31-2016 and assigns, all rights not expressly conveyed herein. The rights reserved to Gmntor 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. I. PURPOSE The purpose of this Conservation Easement is to ensure that the Conservation Values of the Pmtmted Pmpeny will be protected and maintained in perpetuity and to prevent any use or alteration of the Pmtected 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 minined rights in Section IV); pmvided, however, should the terns of the Borough's ordinances be less restrictive than 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 Pmtected Property may he instituted by the Borough or the United States for the protection of public safety or to ensure the purposes of this Conservation Easement am 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 4 Page 108 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 109 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LANG ISLAND PARCEL B CONSERVATION EASEMENT' 10-31-2016 landowner of the Protected Property. H. RIGHTS CONVEYED TO GRANTEES To accomplish the purposes of this Conservation Easement, the following rights am 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 terms of this Conservation Easement, provided however, nothing herein shall constitute a grant of public access to the Pmtected Property, except as provided in Section ll.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 Econ 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 Pmtected 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 concurrence of the United States Department of the Interior, Bureau of Land Management, the Borough may plan, arrange for, conduct or authorize: (1) surveys, 5 Page 109 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 110 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION BASEAIT.lm 10.31-2016 mapping, marking of boundaries, taking videos and photographs, and preparing other documentation to facilitate administration of this Conservation Easement; (2) fish, wildlife, bird Rod 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 my existing role, policy or agreement with respect to the Protected Property. E 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 Gmntees 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 Gmntees 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 6 Page 110 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 111 of 187 Termination Point And Long Island Conservation Easements -A... CRAMrEE KomAK ISLAND BOROUGH LONG lsw n PARCU B CHNSEavenON EASEMENr 10.31.2016 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. PROMBITED 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 ms 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 carred 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 7 Page 111 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 112 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODAK ISLAND BOROUGH LONG Isr.AND PARCEL B CONSERVAImN BASEMEN 10-31-2016 Trustee Council, and in particular, if it does not have any of the negative impacts as described in Subsections (i) thra (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, bnrsh 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, shomlines, 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 Fmcment and applicable laws is permitted, while recreational and target shooting are 8 Page 112 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 113 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK 1SLANn BOROUGH LONG ISLAND PARCEL 8 CONSERVATION EASEMENT 10-31-2016 prohibited; and (vii) trapping of any nature, whether recreational, or for commercial or subsistence hunting purposes. Notwithstanding this prohibition, the Borough may employ trapping as reasonably necessary as a method to control or minimize wildlife damage to infmstmcture (such as from Flooding by beaver dams). (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 lowers, 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 fV.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 ran 9 Page 113 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 114 of 187 Termination Point And Long Island Conservation Easements -A... GaANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION EASEMENr 10-31-2016 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 Conservafion 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 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 Gmntor 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 may utilize logs harvested from the area to be cleared for the Facilities. The Facilities may 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 may be built which could 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 provided for a Facilities caretaker and/or staff during the time of employment with or 10 Page 114 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 115 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION FASEMENT 10-31-2016 volunteering for the Grantor. Every five years, Grantor shall have the right to add five additional cabins to the Facilities area until the 25'h anniversary of the execution of this Conservation Easement, when Grantor shall have the right to construct a lodge building with seventy-five rooms. Ali of the Grantor's Facilities, including family cabins, initial meeting hall and lodge building, should one be constructed, would have to 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 Here 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 115 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 116 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVAnON EASRiufM 10-31-2016 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 Fa anent. Gunner 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 Pmperty, 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 purchase of this Conservation Easement in the Protected Pmperty or at Day 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 Gmntor sells, leases, exchanges or otherwise transfers ("transfers") any interest in such retained carbon credit values to a third person or entity ("transferee"), 12 Page 116 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 117 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL 8 CONSERVATION BASEMEN 1031.2016 m a condition of such transfer, Grantor shall include a ropy 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. L 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, for personal or family consumption, and only so long m 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 117 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 118 of 187 Termination Point And Long Island Conservation Easements -A... GRAMME KODIAE ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVAT DN EASEMENT 10.31.2016 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 forth 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 nonexclusive 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 previsions of ANCSA and, as such, except as to the exercise of the Grantors retained rights in Section IV, the Parties intend that the Pmtmted Property shall not be deemed to have been improved, developed, subdivided, or otherwise subject to any forth 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 118 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 119 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION KASaMENr 10-31-2016 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 pamgmph 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 Slate 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 Granter's control. Grantees shall not have a tight 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 Me, 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 119 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 120 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION EASMHWr 1031.2016 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, institution and/or attorney fees, which may be sought through a civil action in the courts. A violation of one or more pmvisions 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. f. (1) The Parties intend that (A) neither of the Grantees will incur, suffer, or otherwise become burdened by any of the obligations or liabilities of an-ownee, or "operator' as those words One defined, used, or interpreted under any environmental law, regulation, code, ordinance, order, other requirement or successor provision thereto, of any Federal, State, or local governmental authority relating to any hazardous, toxic, or otherwise harmful material, substance, or pollutant (collectively "Environmental Obligations"), solely by virtue of accepting this Conservation Easement, and (E) this Conservation Easement shall be construed so as Trot to cause either of the Grantees to incur, suffer, or otherwise become burdened by any Environmental Obligations solely by virtue of accepting this Conservation Easement, and (2) nothing herein (A) releases any Party or other person from such Environmental Obligations as it may have had prior to accepting this Conservation 16 Page 120 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 121 of 187 Termination Point And Long Island Conservation Easements -A... GMNrEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION BASEAIEHf 10-313016 Easement, (B) releases any Party or other person from any Environmental Obligations as may arise hereafter by virtue of actions undertaken by or for it hereafter on or with respect to the Property, or (C) constitutes a promise by any Party to indemnify any other Party or other person for arty Environmental Obligations (whenever arising). 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 fallowing pages) 17 Page 121 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 122 of 187 Termination Point And Long Island Conservation Easements -A... GaANPEE KODAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION KASEMENr 10-31-2016 LEISNOL 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 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: 18 Page 122 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 123 of 187 Termination Point And Long Island Conservation Easements -A... GRANDEE KODUK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION EAseMENT 10-3131116 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 swom, 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 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: 19 Page 123 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 124 of 187 Termination Point And Long Island Conservation Easements -A... GRANTRE KODIAR ISLAND BOROUGH LONG LSLANO PARCEL B CONSERVATION BASEMEN 10-31-2016 ACCEPTANCE BY UNITED STATES OF AMERICA Pursuant to 43 U.S.C. 3 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 swum, 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 axed my official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: 20 Page 124 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 125 of 187 Termination Point And Long Island Conservation Easements -A... GRANTER KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION EASEMENT 10.31.2016 After Recording Return to: Kodiak Island Borough [Dept 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] 21 Page 125 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 126 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION EASEMENT 10.31-2016 EXHIBIT A Legal description of Long Island Parcel B T.27 S. R.18 W. Seward Meridian Sec. 31, Lot 1. T.28 S., R 18 W., Seward Meridian A portion of Lot 1, Sections 5 and 6, having a southern boundary more panicularly described as follows: Beginning at a reference monument, a boss tablet in concrete USC&GS "HEAD 1907, 1933" as shown on plat of survey for Township 28 South, Range 18 West of the Seward Meridian, Alaska by U.S. Bureau of Land Management and accepted January 9, 1980. Thence S 39"55'36" E 2,600.7 feel to a point on the mean high water of Vera Bay, this being the True Point of Beginning for the southerly boundary; Thence S 61"53'00" W 135.7 feet to a Witness Comer to the Meander Comer, a stainless steel pipe monument with bmss cap marked "Public Easement" and being located at NAD83 Lot: 57"46'58.642"N, Long: 152°14'50.978"W; Thence S 61 53'00" W 164.0 feel to a Witness Comer to the Meander Corner, a stainless steel pipe monument with bmss cap marked "Pubic Easement"; Thence S 61 `53'00" W 49.8 feet t0 a point on the mean high water of Cook Bay; as shown on a sketch attached hereto and made a pan of this description, and located in the Kodiak Island Borough, Kodiak Recording District, Alaska. 22 Page 126 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 127 of 187 Termination Point And Long Island Conservation Easements -A... GRANTEE KODIAK ISLAND BOROUGH LONG ISLAND PARCEL B CONSERVATION EASEMENT 10-31-2016 EXHIBIT A-1 Map or Long Island Parcel B LONG ISLAND - PARCEL B CONSERVATION EASEMENT MAP Sa'a 'o'W tP•O'o'W aSj �'a-W gx't 'o'W roes, RigW, s.M Tns. Rsw.sar. Sj 4B'o'N – 1 I • o• I >1 I Peurt I 0 Sj O'o'N A ae. ao� •- µS•sd Se., • ce Bal we I Coo e\e^ N • ax.. 5)•46'o'N P: a •i • I oolgo, YST• s.a a I L� I h Ln,inp RIuR � a � P - -- -- -t o J 57 50 N • •Steal Ss,! C) ' Reruael RM QConservation Easement Boundary _ y Ecological Features Other Features C h i n i a k – – M take or Ponds I– Semon Lines ® Wetlands Q T—ship Lines Bay Upland, ••••• Tuils Manne Deepwater • Rods A Las. R�9W, 5.M. TaaS, R,am, S.M. 23 Page 127 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 128 of 187 Termination Point And Long Island Conservation Easements -A... KON 1AG INCO It PO RAT I7 D October 24, 2016 SENT VIA EMAIL Dave Mitchell Conservation Director Great Land Trust 715 L Street; Suite 200 Anchorage, Alaska 99501 Dear Mr. Mitchell: You requested that Koniag, Inc. provide comment on the conservation easements that Leisnoi, Inc. is negotiating with the Great Land Trust and Kodiak Island Borough for lands on Long Island and at Termination Point. In both of these cases, Leisnoi is the surface estate owner and Koniag is the subsurface estate owner. It Is our understanding that these transactions involve Leisnoys surface estate only. In that regard, Koniag recognizes and supports Leisnoi s ability to determine the highest and best use for its lands and therefore has no objection to their pursuit of these conservation easements. However, as the subsurface estate owner, Koniag, Inc. wants to be clear that these transactions have no impact on Koniag's rights with regard to its subsurface assets underlying the proposed conservation easements. Please feel free to contact me should you have any questions. Sincerely, /��--� f' C_Y \ J Elizabeth Perry, PhD CEO Cc: Jana Turvey, CEO Leisnoi, Inc. Page 128 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 129 of 187 Termination Point And Long Island Conservation Easements -A... vL11r��■ NATIVE CORPORATION To: Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, Alaska 99615 September 16, 2016 Re: Letter of support for Kodiak Island Borough Conservation Easements at Termination Point and Long Island Assembly Members: This letter is in reference to the proposed conservation easements to be held by the Kodiak Island Borough (KIB) on land owned by Leisnoi, Inc., at Termination Point and Long Island with funding from the Exxon Valdez Oil Spill Trustee Council. Ouzinkie Native Corporation (ONC), an adjacent landowner to the Termination Point property, supports the efforts of the KIB to hold and manage conservation easements on these lands. ONC understands that there is wide community support for these projects, that the conservation easements will restrict activities such as subdivision, natural resource extraction and development of the surface estate owned by Leisnoi, Inc., and that the properties will be managed by the KIB for conservation and public access. Please contact us with any questions. Sin`^cerely,/� �� f� Pa4,y C/ Yv Wnt Darren Muller, Sr. Chairman of the Board, Ouzinkie Native Corporation Main O(8ce: P.O. 8nx 89 • Ouzintle, AK 99644 • 90].6802208 A hor9ge OW¢e 11001 O'Malley Centre Ode Ste 105 • Andwra9e. AK 99515 • 97.5612452 www.ouzinkie.mm Page 129 of 187 Termination Point And Long Island Conservation Easements -A... A r c A VJ Y W OE J N C �L� .LJ N 4-1 _O U > r) L_ O /C^ V J 4-0 '. m .�,/ C) AGENDA ITEM #2.a. 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Additional Info,mabon related to pmposed caamr,aUon easements pmNded Ey Great Land Trust and EVOSTO - I IM16 Termination Point and Long Island Conservation Easements The following provides additional information regarding a number of issues or questions that were raised in the course of the Kodiak Borough's review of the Termination Point and Long Island Conservation Easements. 1. Prohibition on Traopine At the work session on Aug. 2S, 2016, an inconsistency was noted in the wording of the draft Conservation Easements. Section 111(a)(vii) prohibits trapping by the public on the properties, but trapping was still listed in the separate section on subsistence uses (Section IV(d)). This Inconsistency has been corrected in the updated version of the Conservation Easements by deleting the reference to subsistence trapping In Section IV(d). That section now provides for subsistence uses in accordance with state law for personal and family consumption, so long as it is consistent with the Conservation Easements. This corrects the inconsistency that was noted and clarifies that trapping would not be allowed by the public on the properties. The Borough also expressed a concern that it sometimes uses trapping as a management technique for controlling wildlife damage to infrastructure such as roads (the most common situation is the removal of heaver that may he building dams in inappropriate locations, causing flooding). To address this management Issue, an exception was added at the end of the trapping section in Section IB(a)(vii) that accommodates the Borough's management needs. 2. Boroueh Management Prerogatives and Enforcement Discretion A question was also raised regarding how the Conservation Easements might affect the Borough's regulatory and management prerogatives in general. There are really three parts to this question. The first part Is what affirmative mijuagement actions, if any, would the Borough have to take to comply with Section I of the Conservation Easement's requirement to manage to "strictly in compliance with the Conservation Easement'? The restrictions in the Conservation Easements prohibit certain types of activities or uses on the properties, but do not require any affirmative activities to be undertaken by the Borough. So, management strictly in accordance with the Conservation Easements means that the Borough could not authorize activities (by permit or other official approval, for example) that are Inconsistent with the Conservation Easements. An example would he that the Borough could not lease timber rights or authorize roads to be built on the properties. But nothing in the Conservation Easements requires the Borough to undertake particular affirmative management actions or expenditures. The second part is what, if anything, must the Borough do to prevent or correct violations of the Conservation Easements by the public? This second aspect falls within the Borough's enforcement discretion. Section 11(a) of the Conservation Easement states that the Conservation Easement does not impose an affirmative obligation on Grantees to restore the properties or take any particular enforcement measures. The Borough may allocate Its 1 Page 153 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Page 154 of 187 Termination Point And Long Island Conservation Easements -A... enforcement resources on the properties as it believes appropriate and the same way it makes decisions about enforcement of violations on other Borough lands. The third part of this question is whether the Conservation Easement interferes with the its Borough regulations Igarticularly its zoning or Borough's normal application of codes and permit reqs irements for develoomeutl As noted above, the constraint the Conservation Easements would place is that the Borough could not affirmatively authorize activities or uses of the properties that are prohibited or restricted by the Conservation Easements. To address the concern, a change was made in the wording of Section 1 of the Conservation Easements to clarify that the Borough's ordinances are only preempted by the Conservation Easements "should the terms of the Borough's ordinances he less restrictive than the Conservation Easement" The continuing applicability of Borough normal zoning and regulatory requirements is also discussed further in Section 3 below. 3. Long Island Parcel B Retained Development Rights Parcel B is the small portion of Long Island (approximately 141 acres) set apart from the larger portion of the island by an Isthmus. On this parcel, the landowner retains certain development rights, as set forth in the Parcel B Conservation Easement A question was asked regarding what maybe constructed on the Parcel B property. The Conservation Easement limits any construction to 50 acres out of the approximately 141 acres in Parcel B. The remaining 91 acres will remain In their natural, undeveloped state (except for signage and pedestrian trails, which are also allowed on the remainder of Long Island). The purpose of the retained development rights, as described in Section IV(b) of the Parcel B Conservation Easement, is to allow the landowner to construct facilities to promote the cultural education of Alaska Natives of the Kodiak region. On the 50 acres of retained rights, the landowner may build a meeting hall, 15 family cabins initially, and up to 25 more cabins phased over 25 years (for a total of 40 family cabins), and, at the end of 25 years, a lodge. The Conservation Easement does not permit subdivisions or private residences to be constructed on Parcel B. As provided in Section IV(b) of the Parcel B Conservation Easement, any future development on the reserved 50 acres is subiect to compliance with all the same Borough laws codec and permitting requirements and approvals that would apply to private property elsewhere within the Borough. Thus, the Conservation Easement does not exempt the Long Island property from the Borough's normal legal and regulatory code requirements or lessen them in any way. The description of what may be constructed set out in the Conservation Easement is necessary to specify what is allowed without violating the Conservation Easement It does not displace any of the Borough's codes or permit requirements, which would continue to apply to any construction or development project In the Borough. 4. Environmental Site Immections of Properties Another issue which was raised is the possibility of any environmental contamination. A "Phase I" Environmental Site Assessment has already been completed on the Termination 2 Page 154 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Page 155 of 187 Termination Point And Long Island Conservation Easements -A... Point property and no adverse issues were found. Final reports are being prepared, and the Phase 1 Report will be provided to the Borough far its review and approval as part of due diligence before conveyance. The situation with Long Island Is a little different As the Borough Is aware, Long Island was the subject of a federal U.S. Army Corp of Engineers (COE) cleanup and waste removal In 2004-2005 to remove contamination left over from the use of portions of the Island as a military base during World War 11. A comprehensive final report was prepared on the results of the COE cleanup, which was reviewed and approved by the Alaska Department of Environmental Conservation (ADEC) as well. The site was subsequently approved byADEC as having met applicable environmental standards and closed. The final report of the cleanup is now being reviewed again by ADEC to ensure that all the documentation is complete and up to date and that all State and Federal institutional controls were met A copy of the cleanup report is available for the Borough's review as part of due diligence. The State's review will be completed and the Borough and the Federal government will receive the results for their review and approval. The final conveyance of the Long Island Conservation Easements to the Borough will not be completed until the Borough, the State and Federal governments are all satisfied with the results of these environmental reviews. Wording has also been added to the updated Conservation Easements that directly addresses the question of possible environmental responsibility. A new sub -section V(f) has been added to each Conservation Easement clarifying that the Grantees (the Borough and the U.S.) that will hold the Conservation Easements do not assume responsibility for any environmental contamination or other pollution that may exist on the properties by accepting Conservation Easements. The new language was added to clarify that pre-existing conditions on either property are not the responsibility of the Grantees. S. Need for Surymy of Long Island and Updating of Lseal D ^ripNon Great Land Trust has contracted with a licensed surveyor to complete a survey of Long Island that will demarcate Parcel A and Parcel B in detail. As soon as the survey Is completed, a copy will be provided to the Borough for its review and approval as part of due diligence. The legal description of the property in each Conservation Easement will also be updated before final recording of the conveyances. (The legal description of the Termination Point parcel is adequate and does not require a survey.) g. Views of Ouzinkie Native Coroaration and KoniaE Inc Ouzinkle Native Corporation and Koniag, Incorporated are landowners in the immediate neighborhood of Termination Point Koniag, Inc owns the subsurface estate underlying the Termination Point and Long Island lands, and Ouzinkie has landholdings near Termination Point A question was asked about these landowners' positions on the conveyance of Conservation Easements to the Borough. In response, letters from each of these Alaska Native Corporations stating their support for the projects have been Included in your packet materials. 3 Page 155 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Additional Information related to pmposed conservation easements provided by Great Land Tmsl and EVOSTC - 1118116 'termination Point and Lone Island Conservation Easements The following provides additional information regarding a number of issues or questions that were raised in the course of the Kodiak Borough's review of the Termination Point and Long Island Conservation Easements. 1. Prohibition on Traooin At the work session on Aug. 25, 2016, an inconsistency was noted in the wording of the draft Conservation Easements. Section 111(a)(vii) prohibits trapping by the public on the properties, but trapping was still listed in the separate section on subsistence uses (Section IV(d)). This inconsistency has been corrected in the updated version of the Conservation Easements by deleting the reference to subsistence trapping in Section IV(d). That section now provides for subsistence uses in accordance with state law for personal and family consumption, so long as it is consistent with the Conservation Easements. This corrects the inconsistency that was noted and clarifies that trapping would not be allowed by the public on the properties. The Borough also expressed a concern that it sometimes uses trapping as a management technique for controlling wildlife damage to infrastructure such as roads (the most common situation is the removal of beaver that may be building dams in inappropriate locations, causing Flooding). To address this management issue, an exception was added at the end of the trapping section in Section III(a)(vii) that accommodates the Borough's management needs. 2. Borough Management Prerogatives and Enforcement Discretion A question was also raised regarding how the Conservation Easements might affect the Borough's regulatory and management prerogatives in general. There are really three parts to this question. The first part is what affirmative management actions it any. wouio the uorougn nave to taKe to comply with Section I of the Conservation Easement's requirement to manage to "strictly in compliance with the Conservation Easement"? The restrictions in the Conservation Easements prohibit certain types of activities or uses on the properties, but do not require any affirmative activities to be undertaken by the Borough. So, management strictly in accordance with the Conservation Easements means that the Borough could not authorize activities (by permit or other official approval, for example) that are inconsistent with the Conservation Easements. An example would be that the Borough could not lease timber rights or authorize roads to be built on the properties. But nothing in the Conservation Easements requires the Borough to undertake particular affirmative management actions or expenditures. The second part is what, if anything, must the Borough do to prevent or correct violations of the Conservation Easements by the public? This second aspect falls within the Borough's enforcement discretion. Section 11(a) of the Conservation Easement states that the Conservation Easement does not impose an affirmative obligation on Grantees to restore the properties or take any particular enforcement measures. The Borough may allocate its Page 156 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. enforcement resources on the properties as it believes appropriate and the same way it makes decisions about enforcement of violations on other Borough lands. The third part of this question is whether the Conservation Easement interferes with the Borough's normal application of its Borough codec and regulations (particularly its zoning or permit requirements for development) As noted above, the constraint the Conservation Easements would place is that the Borough could not affirmatively authorize activities or uses of the properties that are prohibited or restricted by the Conservation Easements. To address the concern, a change was made in the wording of Section 1 of the Conservation Easements to clarify that the Borough's ordinances are only preempted by the Conservation Easements '.should the terms of the Borough's ordinances be less restrictive than the Conservation Easement." The continuing applicability of Borough normal zoning and regulatory requirements is also discussed further in Section 3 below. 3. Long Island Parcel B Retained Development Riehht Parcel B is the small portion of Long Island (approximately 141 acres) set apart from the larger portion of the island by an isthmus. On this parcel, the landowner retains certain development rights, as set forth in the Parcel B Conservation Easement A question was asked regarding what may be constructed on the Parcel B property. The Conservation Easement limits any construction to 50 acres out of the approximately 141 acres in Parcel B. The remaining 91 acres will remain in their natural, undeveloped state (except for signage and pedestrian trails, which are also allowed on the remainder of Long Island). The purpose of the retained development rights, as described in Section IV(b) of the Parcel B Conservation Easement, is to allow the landowner to construct facilities to promote the cultural education of Alaska Natives of the Kodiak region. On the 50 acres of retained rights, the landowner may build a meeting hall, 15 family cabins initially, and up to 25 more cabins phased over 25 years (for a total of 40 family cabins), and, at the end of 25 years, a lodge. The Conservation Easement does not permit subdivisions or private residences to be constructed on Parcel B. As provided in Section IV(b) of the Parcel B Conservation Easement, any future development on the reserved 50 acres is subiect to compliance with all the same Borough laws. codes and permitting requirements and approvals that would apply torp ivaterrooperty elsewhere within the Borough. Thus, the Conservation Easement does not exempt the Long Island property from the Borough's normal legal and regulatory code requirements or lessen them in any way. The description of what may be constructed set out in the Conservation Easement is necessary to specify what is allowed without violating the Conservation Easement It does not displace any of the Borough's codes or permit requirements, which would continue to apply to any construction or development project in the Borough. 4. Environmental Site Inspections of Properties Another issue which was raised is the possibility of any environmental contamination. A "Phase I" Environmental Site Assessment has already been completed on the Termination Page 157 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Point property and no adverse issues were found. Final reports are being prepared, and the Phase 1 Report will be provided to the Borough for its review and approval as part of due diligence before conveyance. The situation with Long Island is a little different As the Borough is aware, Long Island was the subject of a federal U.S. Army Corp of Engineers (COE) cleanup and waste removal in 20042005 to remove contamination left over from the use of portions of the island as a military base during World War 11. A comprehensive final report was prepared on the results of the COE cleanup, which was reviewed and approved by the Alaska Department of Environmental Conservation (ADEC) as well. The site was subsequently approved by ADEC as having met applicable environmental standards and closed. The final report of the cleanup is now being reviewed again by ADEC to ensure that all the documentation is complete and up to date and that all State and Federal institutional controls were met A copy of the cleanup report is available for the Borough's review as part of due diligence. The State's review will be completed and the Borough and the Federal government will receive the results for their review and approval. The final conveyance of the Long Island Conservation Easements to the Borough will not be completed until the Borough, the State and Federal governments are all satisfied with the results of these environmental reviews. Wording has also been added to the updated Conservation Easements that directly addresses the question of possible environmental responsibility. A new sub -section V(f) has been added to each Conservation Easement clarifying that the Grantees (the Borough and the U.S.) that will hold the Conservation Easements do not assume responsibility for any environmental contamination or other pollution that may exist on the properties by accepting Conservation Easements. The new language was added to clarify that pre-existing conditions on either property are not the responsibility of the Grantees. F'��C.f��tTif.YRYR3R7i_ � i • FiFiTIFSiP1�fTE1iII7�7iSdxlit�l�YNY1�1�n7i� Great Land Trust has contracted with a licensed surveyor to complete a survey of Long Island that will demarcate Parcel A and Parcel B in detail. As soon as the survey is completed, a copy will be provided to the Borough for its review and approval as part of due diligence. The legal description of the property in each Conservation Easement will also be updated before final recording of the conveyances. (The legal description of the Termination Point parcel is adequate and does not require a survey.) 5? Ouzinkie Native Corporation and Koniag, Incorporated are landowners in the immediate neighborhood of Termination Point Koniag, Inc owns the subsurface estate underlying the Termination Point and Long Island lands, and Ouzinkie has landholdings near Termination Point. A question was asked about these landowners' positions on the conveyance of Conservation Easements to the Borough. In response, letters from each of these Alaska Native Corporations stating their support for the projects have been included In your packet materials. Page 158 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. EASEMENT COMMENTS ADDED ON 11-29-2016 si�UDUBON � P.O. Box 1756 Kodiak, AK 99615 Lip November 29Lh, 2016 To: Kodiak Island Borough Assembly, Manager and Mayor From: Kodiak Audubon Society Re: Termination Point and Long Island Conservation Easements Proposal Dear KIB Assembly members, KIB Manager, and KID Mayor, I am making comments on behalf of the Kodiak Audubon Society, founded In 1982 and the oldest, most active conservation organization in Kodiak currently with over 100 members. Our mission is to conserve Kodiak's natural ecosystems focusing on birds, other wildlife, and their habitats for the benefit and enjoyment ofcurrent and future generations. For over 20 years, we have been strong advocates for hiking trails. We published our own, very popular "Kodiak Audubon's Hiking and Birding Guide", now In Its 3rd edition, that we have been selling for 12 years that describes the many wonderful trails accessible from our road system. During the summer months, we promote our Summer Hiking Program where our volunteers lead free, guided hikes each Saturday and Sunday from early June through August We promote healthy, low impact recreation. Thank you for being receptive to the proposal presented by the Great Land Trust at the work session an 9/10/15 for the KIB to assume management of the conservation easements of Termination Point and Long Island Lelsnot Inc. property. We believe that the Termination Point property currently owned by Leisnoi Inc. is some of the most valuable land on our road system for low impact recreation such as hiking, photography, wildflower admiration and blyding.0ur diking and Birding Guide has promoted the 5+ mile loop trail for over 10 years and in addition to the hikes we lead out there during the summer hiking program, we have introduced hundreds of hikers and nature lovers to this stunningly beautiful area. By improving trails, picking up trash and reporting vandalism we have consistently promoted stewardship of this land as If it were already public land. Other than Fort Abercrombie State Historical Park, there Is no other property on our road system of such quality that offers beautiful scenic trails through coastal meadows, along scenic beaches, lakes and Sitka spruce forest That is why we have always thought that if the opportunity ever arose for Leisnol Inc to convey the 1000+ acres of Termination Point property to the public, it would make a perfect addition to Kodiak State Parks or the KIB Parks. Long Island would also be a very valuable recreational asset for future generations. Although it has some issues with WW2 impacts and HAZMAT, the Great Land Trust Is providing the funds for the due diligence to ensure the public's safety should the KIB assume the conservation easement We are sorry that the Alaska State Parks has turned down the opportunity to manage both Termination Point and Long Island due to their budget cuts and other political issues. If the KIB does decide to accept the management of the conservation easements, we encourage you to ensure the same protections that a state park would impose. Page 159 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. The Kodiak Audubon Society and the Island Trails Network will help the KIB In monitoring and stewardship of Termination Point. Please see the attachment: Trustees for Termi nation PoInL We encourage you to vote this week in favor of assuming the conservation easements of Termination Point and Long Island. With all the expert help of the Great Land Trust brokering the easement agreement between the Exxon Valdez Oil Spill Trustee Council and Leisnoi Inc. and assuming the costs and all the work for due diligence, it would be a shame for the KIB to pass up this unique opportunity for the good of the Kodiak public. Sincerely, Stacy Studebaker Kodiak Audubon Society Conservation Committee Chair P.O. Box 1756 Vf .41.1r AK QQAI1 Page 160 of 187 Termination Point And Long Island Conservation Easements -A... Termination Point Trustees Mission AGENDA ITEM #2. a. The mission of the Termination Point Trustees is to ensure that the conditions of the Termination Point Conservation Easement (CE) are met through long-terrt7 monitoring, site stewardship, and education. Monitoring The group will conduct at least one annual site inspection and provide a written report to the easement holder that will include the overall condition of the property, human uses and trends observed, observations on wildlife and habitat, and GPS/photo inventory of any improvements, damage or destruction. The Trustees will hold at least one public meeting per year as part of the review and adoption of the report. Site Stewardship Trustees may hold volunteer events and activities in order to ensure compliance with provisions of the CE. These may include trail improvements or mitigation for natural or man-made damage to the lands. The landowner, easement holder or both may reserve the right to approve all events, activities, and improvements. Education The Trustees will educate the public about their access rights under the CE as well as applicable restrictions or prohibitions. This may be accomplished through a variety of methods including public service announcements, advertisements, presentations or appropriate signage. Concept and Structure The Termination Point Trustees will be formed as a standing committee under the bylaws of Island Trails Network (ITN) and be comprised of at least three members, at least one of whom is an Island Trails Network board member and another whom is a member of the Kodiak Audubon Society board. Trustees will be volunteers, nominated by the ITN board president and confirmed by majority vote of the board of directors for six-year terms with no term limits. Founding trustees will be asked to serve 2 or 4 -year terms to establish a predictable turnover rate of no more than one trustee every two years. Page 161 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. Administration The Trustees may receive staff support from Island Trails Network's Executive Director or designee, but should not require it in order to function. In the absence of paid staff, the Trustees should be able to accomplish the mission set out above. The Trustees will establish a separate fund under Island Trails Network dedicated solely to monitoring, stewardship and education. The fund will be governed under the existing fiscal policies and procedures of Island Trails Network. Any recurring or perpetual funding provided for these purposes, whether by one of the signatories or by an outside party, shall be deposited directly to this fund. At its discretion ITN may periodically allow other tax- deductible contributions to be "donor -advised" or specifically allocated to this fund. ITN will establish a page under its web domain that includes the name and contact information for each trustee as well as date and location of upcoming meetings, as well as past minutes and/or reports. The page will provide an avenue for comments throughout the year about the condition of the property or compliance with the terms of the CE, which will either be reported immediately to the easement holder and landowner or be included in the annual report as appropriate. Page 162 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Public Comments for the KIB meeting on November 291", 2016 RE: Termination Point and Long Island Conservation Easements FROM: Stacy Studebaker To the Kodiak Island Borough Assembly, Borough Manager, and Mayor and all others present. I fell in love with Termination Point the first time I hiked the trails out there in 1980. This is a monumental conservation achievement before you this week that many have been working on for over 20 years! Let me provide a little history about how this originally came about. As some of you know who have been here since the Exxon Valdez Oil Spill, I filed the original paperwork in 1993 for the Exxon Valdez Oil Spill Trustee Council (EVOS TC) to consider acquisition of Termination Point under their Habitat Restoration Program. The following year, I was appointed to their Public Advisory Committee (PAC), which I have been an active member of to this day. I have remained on the EVOS PAC all these years mainly to ensure that Termination Point was not forgotten. The six federal and state trustees that make up the council have come and gone many times throughout the years and various administrations, but I have stayed and continually worked to keep this issue on the table. From the beginning, the EVOS TC has considered these lands and their resources as prime examples of the kinds of habitat injured during the 1989 oil spill that are worthy of permanent protection through use of habitat restoration funds that were set aside from the EVOS settlement following the oil spill in 1989. With all the ups and downs over the years and ongoing negotiations, I am so happy that Leisnoi is now considering the terms of an agreement with the EVOS TC to make this giant gift to the Kodiak community. Everyone wins, the Leisnoi shareholders, the Kodiak community, and especially the trees, and wild lands. It was always my first choice to have Termination Point and Long Island purchased by the EVOS TC and transferred to the Kodiak State Parks for management. EVOS habitat funds have already been used in the Kodiak Page 163 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. archipelago on several projects including the purchase of lands on Afognak that are now State Parks. Since that is impossible at this time due to the State budget shortfall, I hope that the KIB can manage these lands with similar caveats for use. And, I would like to see something in the final agreement that leaves the door open for State Parks to assume management of these lands should the state fiscal and political situation change in the future. Someday, I hope to see a Termination Point State Park and a Long Island State Park. Since these land easements will be purchased with EVOS TC Habitat Restoration funds, they will have a special status for public lands in our area and the KIB's land management. They will have the inherent protections on them for habitat restoration. They will never be logged or developed but remain as they are now, open to the public for hiking on beautiful trails and other low impact recreational activities that do not damage the natural resources or endanger the public. The EVOS TC Habitat Restoration Program is permanent habitat protection through preservation. To convey this to the public, why not designate these new KIB lands Parks? As in Termination Point Park and Long Island Park. The designation of "park" goes a long way in the public's mind. People associate parks with safety, nice trails and healthy recreation. With that designation, you would more effectively communicate the message to our community that these lands have been acquired specifically to protect their habitat and recreational values and that activities that damage the resources, and/or threaten public safety cannot take place here. Again, I thank the KIB, the EVOS TC, the Great Land Trust and the Leisnoi Corporation and shareholders for realizing this is a huge win-win deal and the best possible use of these special lands for the benefit of the Kodiak community in perpetuity. Sincerely, Stacy Studebaker P.O. Box 970 Kodiak, AK 99615 Page 164 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. From: Voyage Thirty-four [mailto:yellowporcupine@gmail.com] Sent: Tuesday, November 29, 2016 2:33 PM To: Clerks Subject: Kodiak Island Borough Should Accept Management of Termination Point & Long Island Dear clerks, Please forward this email to the KIB Assembly, Mayor, and Manager. Thanks, Mike Sirofchuck To the KIB Assembly et al: I urge you to accept management of the conservation easements for Termination Point and Long Island. This is a win-win situation for the people of Kodiak. At no expense to the Borough, these lands will be protected for our recreational and subsistence use forever. It has already been determined that these areas will fall under the KIB's liability insurance with no increase in premiums; in addition, they will probably require no more active management than land already owned by the KIB Every time an opportunity has appeared to preserve these areas for our use, Kodiak residents have overwhelmingly supported it. The landowner has every right to develop or not develop or otherwise determine how their lands should be utilized within the limits set by KIB zoning codes. None of us has a right to interfere with their decisions, whether or not we personally agree with their land disposal commitments. Borough management means that we have local input and control over the management of these areas within the parameters of the conservation easement. It is your responsibility to help preserve a high quality of life in Kodiak and accepting management of these areas is a publicly supported opportunity to meet this responsibility. Please listen to the citizens of Kodiak who have supported this move for years and continue to support it. Accept the conservation easement management. Sincerely, Page 165 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Mike Sirofchuck Cliffside Road Kodiak From: AM M [mailto:juniperstorm3@gmail.com] Sent: Tuesday, November 29, 2016 2:09 PM To: Clerks Subject: Termination Land Dear Borough Assembly Members, My name is Anna Miller. I was born and raised in Kodiak and continue to be a resident. I am writing to encourage you to approve the conservation easement for Lesnoi lands at Termination Point in your upcoming December 1st meeting Termination Point is valuable as a recreational destination for hikers, birders, families, tourists, and naturalists. It is easily accessible for borough and city residents and is one of the most important and well loved trails on Kodiak. Protecting this area will benefit the residents of Kodiak for years to come. Please preserve the Termination Point land as a permanent destination for Kodiak residents, their families, and visitors. Thank you and Sincerely, Anna Miller 309 Erskine Ave Apt. 512 Kodiak, AK 99615 Page 166 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. -----Original Message ----- From: Marcie Duston [mailto:us1529@aol.com] Sent: Tuesday, November 29, 201612:54 PM To: Clerks Subject: Termination point Hi, My husband and I visited our daughter in Kodiak last July. We had a lovely vacation and were endlessly impressed with the stunning views and amazing natural beauty of your island. We spent a wonderful afternoon exploring White Sands beach and the land around it. We agree with our daughter that it would be a shame to not protect this unique area for future generations. We hope to visit it again on our next trip to Kodiak. Please vote no to opening this area for logging. Thank you for your time, Marcie and Paul Duston Sent from my iPad -----Original Message ----- From: Mary Forbes [mailto:mmeforbes@gmail.com] Sent: Monday, November 28, 2016 6:09 PM To: Clerks Subject: Termination point Dear members of the Kodiak Borough Assembly, Am am writing to express my strong support for the proposed conservation easement on Termination point. This is a win win arrangement for our community and has strong support from a variety of stake holders. I urge you to vote in favor of the easement. Thank you, Mary Forbes. Sent from my iPad From: Kate Loewen [mailto:cathloewen@gmail.com] Sent: Monday, November 28, 2016 6:21 PM To: Clerks Subject: to the attention of the assembly regarding Termination Point Page 167 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Please protect Termination Point from logging, and grant permanent public access to this special pristine area. Too much has been destroyed or changed on our island in recent years, and we need to preserve these acres of old growth timber for the enjoyment of our families, visitors, and future generations. Thank you for your common sense and foresight in this matter. Kate Loewen From: Hans U. Tschersich [mailto:xrayhans@yahoo.com] Sent: Monday, November 28, 2016 9:49 PM To: Clerks Subject: Borough Assembly: Accept EVOS proposal for Termination Point and Long Island Hans U. Tschersich 1423 Baranof Street Kodiak November 28, 2016, To Members of the Kodiak Island Borough Assembly Re.: Acceptance of Conservation Easements at Termination Point Area and Long Island Dear Members of the Assembly, I am strongly in favor of preserving public access under borough supervision of the Leisnoi lands at Termination Point and on Long Island. As one of the organizers of the Hiking Program of the Audubon Society, I have led numerous hikes since the early1990s in the beautiful and undisturbed ancient forest at Termination Point. Young and old from Kodiak and off the island, among them many guest from far away and overseas, have participated in these hikes and marvelled at the beauty and tranquility of the forest. All enjoyed views over the waters to distant islands as well as watching sea life and birds - and coming across signs of bears, deer, otters and beavers always adds to the enjoyment of this magnificent area. And I have visited Long Island many times in my kayak and often have taken other kayakers over there. It is another wonderful natural and historical area for visitors that deserves our appreciation and preservation. Page 168 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Termination Point and Long Island are crown jewels of our natural environment and need to be preserved. The current plans are a workable compromise and the generous offer of EVOS presents itself as an opportunity that may never recur. Please help preserve these lands for us and future generations. Hans U. Tschersich, MD Page 169 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. EASEMENT COMMENTS AS OF NOVEMBER 28 From: Pearson Brodie [prbrodie@alaska.edu] Sent: Sunday, November 27, 20161:15 AM To: Clerks Subject: PLEASE prevent deforestation Hi my name is Pearson Brodie and I was born and raised in Kodiak and still call this beautiful island my home. I'm in love with the spruce forests and the variety of thick mosses and scenes they harbor. Being a long-time resident, I have already witnessed the destruction of one of my favorite forest locations which was located at the end of the Chiniak highway. This operation had a MUCH greater impact on the Chiniak community than many know and I would gladly elaborate if you like, but that damage is done, leaving me even more concerned about what may be in store for the remaining spruce reserves we have. Besides the fear of losing these beautiful scenes that make Kodiak such a nice place, there are other reasons why I strongly oppose further deforestation especially at termination point. The means by which the previous logging was done has been very sloppy with minimal regulars for the condition of the land and ROADS post the logging process. The enormous logging trucks have taken a huge toll on the Chiniak highway leaving the city to try and keep up with damages due to its unintended usage. This damage even extends past the roadway that is most commonly used. As large as the island is, the people are still extremely limited by the small network of roadways we have. If the logging continues I fear that kodiak's longest/main road will suffer greatly and be clear cut in either end. Please do not let this happen, not now, not ever. Sincerely -Pearson Brodie prbrodie@alaska.edu Po. Box 296 Kodiak AK. 99615 From: Pearson Brodie [prbrodie@alaska.edu] Sent: Sunday, November 27, 2016 6:44 PM To: Clerks Subject: Re: PLEASE prevent deforestation Sorry to send more words your way but I found one mistake in the email Page 170 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. I sent and I find this topic important enough to make sure I am understood correctly. The error is in the sixth sentence where the word "regulars" should be regard*. Reading "...with minimal regard for the condition of the land and ROADS post the logging process." From: L D [lauraldewitt@yahoo.com] Sent: Sunday, November 27, 2016 9:48 AM To: Clerks Subject: Termination Point Vote to conserve this hiking trail and recreational area! LDeWitt Sent from my iPhone From: Carrie Worton [clworton@gmail.com] Sent: Saturday, November 26, 2016 9:34 PM To: Clerks Subject: Termination Point Dear Borough Assembly Members, 1 support the motion to preserve the Termination Point conservation lands. As a resistant for over 20 years, I believe it's a very important recreational area for the people of Kodiak that has grown more popular over the years. My family regularly hikes this area and enjoys it for it's easy access and beauty. We are all too familiar with the results of logging and what it has done to our community, not only destroying wildlife habitat, but ruining the state roads, preventing recreational opportunity, and diminishing the quality and beauty of this island. As more and more areas are being logged along the road system, Termination Point remains one of the only remaining stands of pristine forest with easy access for public use. The preservation of Termination Point has been an ongoing goal for 20 years, and now the Borough Assembly finally has an opportunity to take advantage of the Exxon Valdez offer to provide protection from logging and grant free and permanent public access. I urge you to support this proposal and preserve Termination Point for future generations. Thank you for your consideration Page 171 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Sincerely, Carrie Worton From: ron thompson [scrgt@hotmail.com] Sent: Saturday, November 26, 2016 8:03 PM To: Clerks; ron thompson Subject: This is a no brainer. Save Termination Point. To the Kodiak island borough. My name is Ron Thompson. I have lived in Kodiak as a commercial fisherman since 1972 and have seen the unnecessary destruction of the wooded areas around our town. It is very evident what is happing to our planet. We need to be planting trees not cutting them down. It is everyone's responsibility to stand up for our environment and the future of the land ,Termination Point is in your hands. This is your chance to do what we all know is right and save that forest. Thanks Ron Thompson. From: Carol Juergens [kodiakcarol@gmail.com] Sent: Saturday, November 26, 2016 7:41 PM To: Clerks Subject: Termination Point conservation easement Hello Assembly Members, I am writing to express my strong support for the conservation easement that will provide for free and permanent public access to Termination Point and Long Island. These two magical places and their surrounding areas have provided me and my family, friends, and colleagues with pristine hiking, camping, ice skating, sledding, beach combing, swimming, wildlife viewing, bird watching, kayaking, solace seeking, solstice celebrating, picnic taking, vista viewing fun and games for over 35 years. It would break my heart to see them logged and despoiled or sold and developed. Both of these places are accessible to our community and crucial to the quality of my life and many others in Kodiak. Thank you for your consideration. Respectfully, Carol Juergens 1818 Rezanof Dr E Kodiak, AK 486-5169 From: Tessa Heiberg [tessaheiberg@u.boisestate.edu] Sent: Saturday, November 26, 2016 12:45 PM To: Clerks Subject: FOREVER TERMINATION To whomever this may concern, Page 172 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2. a. My name is Tessa Heiberg and I have spent my entire life growing up on the mystical, beautiful, lovely, Kodiak Island. Many of my childhood memories lie out at white sands and the thriving forest trail known as Termination Point. On Father's Day 2010- I was 13 and my cousin was 18- my dad, uncle, cousin, and I decided to hike Termination point, as it is our favorite hikes on Kodiak. They day brings memories of sweet ocean smells, my uncle and father's fun stories of Kodiak in the 70's, and appreciation of the rare sunny day. It was a day I will never forget. We shared stories, laughed at jokes, and took many stops to appreciate the everlasting beauty carrying us through the hike. I remember stopping at a fallen over spruce tree to smell the ever so lovely natural fragrance the center of the Sitka Spruce tree had released, the scent was almost addicting. As my father took me on his favorite trail, I want to have the same opportunity with my children. Do not allow Termination Point to be deforested. It is one of the most heavenly spots on Kodiak that we should be proud to have on our beautiful pristine island. Money will never overcome memories, continue to fight for Kodiak remain "The Emerald Isle". It is an honor to live in such a sweet escape, please do not ruin what Kodiak people take pride in. Embrace the beauty and protect the most loved trail in Kodiak. FOREVER TERMINATION POINT. Thank you. From: Mark Withrow Duergenswithrow@gmail.com] Sent: Saturday, November 26, 2016 8:44 AM To: Clerks Subject: Termination Point and Long Island Dear Distinguished Borough Assembly Members, I have lived in Monashka Bay for 38 years. I strongly recommend the land at Termination Point and Long Island be preserved for the common use of all Kodiak's citizens. These large parcels of land remind us of why we came to Kodiak in the first place. Sincerely, Mark Withrow Sent from my Wad From: Anjuli Grantham [anjuligrantham@gmail.com] Sent: Friday, November 25, 2016 9:51 AM To: Clerks Subject: Termination Point easement Dear KIB, The right thing for the majority of island residence is to create the conservation easement for Termination Point and Long Island. Generations of Kodiakans have enjoyed these lands, and now you must ensure that we can access these forests for generations to come. Page 173 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Sincerely, Anjuli Grantham Page 174 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. Nov. 26`h 2016 Dear Kodiak Island Borough Assembly Members, I am thrilled that you are in the final phases of approving the Termination Point Conservation Easement. I realize that it has been a long process, with a lot of concerns and misconceptions that you have had to sort out, but I am confident that the Assembly will unanimously vote to make, what could possibly be, a once in a lifetime opportunity for our community and visitors a reality. I have been enjoying the recreational opportunities that the Termination Point area has afforded for many years, and it never fails to astound me that this stunningly beautiful area is so close to town, giving an easily accessable opportunity for premier outdoor experiences to Kodiak residents as well as visitors from near and far. Countless times I have encountered folks from foreign countries with cameras in tow marveling at the pristine land and seascapes, as well as wildlife photo opportunities. What a great venue for advertising the extraordinary environmental diversity that our island home offers visitors. I am pleased that Leisnoi Native Corporation has worked together with the Exxon Valdez Oil Spill Trustee Council and the Kodiak Island Borough to come up with a plan that guarentees recreational access to this incredible piece of wilderness. One only has to fly over Kodiak on their way to Anchorage and look down to see how quickly we are losing our forests to resource development. I urge you to move this transaction ahead with your yes vote and know that during your tenure as a Borough Assemblyman you were part of making this incredible opportunity a reality. It has been a long time coming and I am greatful to all the people who have worked over the years to make this happen. Respectfully, Jane Maria Eisemann P.O. Box 192 Kodiak Alaska 99615 Jeisemann0l@gmail.com Page 175 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. From: Brooks Horan [brookshoran@yahoo.com] Sent: Friday, November 25, 2016 3:52 PM To: Clerks Subject: Approve conservation easement for Termination Point Dear Assembly Members, I strongly support the assembly to accept the conservation easement for termination point and make this a permanent recreation resource. I have reviewed the facts and common misconceptions: http•//%vww islvidti-ails orL,/terinination-point-conservation-easement.litml and see no reason why the assembly would not approve the easement. I believe that what makes people move to Kodiak is the wilderness access and this is an opportunity to preserve that for all of Kodiak. Please approve the easement! Sincerely, Brooks Horan From: Russ Josephson [russ_josephson@yahoo.com] Sent: Friday, November 25, 2016 2:15 PM To: Clerks Subject: Termination Point Preserve it, please. Thank you. Russ Josephson, former Kodiak resident -Don't miry. Do something' -----Original Message ----- From: william murdock[mailto:murdockwilliamdds@gmail.com] Sent: Monday, November 28, 20161:37 PM To: Clerks Subject: Termination Point Please do whatever it takes to effect a borough easement for Termination Point. This is a big decision for our community, one with far reaching impact now and in the future. Bill Murdock Page 176 of 187 Termination Point And Long Island Conservation Easements -A... AGENDA ITEM #2.a. From: Erin Lester [mailto:erinlest@gmaii.com] Sent: Monday, November 28, 2016 9:53 AM To: Clerks Subject: Termination Point and Long Island Dear Borough Assembly Members, As a lifelong Alaskan and newer Kodiak resident, I am writing to ask that you vote to protect the lands at Termination Point and Long Island for future recreational use. I am a family physician in Kodiak, and I see daily the important role outdoor recreation plays in maintaining the physical and mental health of our community. Please view trail systems, particularly road -access systems, as health/fitness infrastructure and vote on Thursday to maintain community health by protecting these lands. With gratitude, Erin Lester Page 177 of 187 Termination Point And Long Island Conservation Easements -A... KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 29. 2016 r ASSEMBLY WORK SESSION TITLE: Main Elementary Walkway ORIGINATOR: Bob Tucker FISCAL IMPACT: Yes $150,000 - FUNDS AVAILABLE: $300,000 Account Number: Amount Budgeted: SUMMARY STATEMENT: AGENDA ITEM #2.b. No The concrete walkway at Main Elementary has been closed due to concerns with its structural integrity. The attached memo provides background and discussion for replacement of the walkway. PURPOSE, ACTION, OR RECOMMENDED MOTION: Staff to present information on the closure of walkway at Main Elementary and Assembly to discuss funding options for replacement. Kodiak Island Borough Main Elementary Walkway Page 178 of 187 AGENDA ITEM #2.b. Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9340 Fax (907) 486-9394 Date: October 31, 2016 To: Mayor and Assembly From: Bob Tucker, E/F Director CC: Michael Powers, Manager RE: Main Elementary Walkway Main Elementary has a walkway that leads from Powell Avenue to the front door of the school. The walkway is constructed of concrete over metal decking supported by structural steel, and sits approximately 16 -feet above the asphalt play area below. On September 20, 2016, KIB was notified by KIBSD maintenance personnel that pieces of debris were found underneath the walkway. KIB staff investigated and noted that in some areas the metal decking was corroded and concrete was visible. Staff immediately contacted PND Structural Engineers to discuss the structural integrity of the walkway. Based on photos and a verbal description of the condition of the walkway, PND recommended closing it to pedestrian use until further evaluation. KIBSD staff closed the walkway and cordoned off the area underneath to avoid danger from falling debris. A structural engineer from PND visited the site on September 27, 2016 and provided the attached inspection report, emphasizing that the walkway should remain closed. Staff has met with KIBSD staff and discussed the possibility that the walkway will need to remain closed for the duration of the school year. KIBSD has acknowledged that, while not ideal, there are alternate entrances to the school that are available until a replacement walkway can be designed and constructed. The City of Kodiak Fire Chief has reviewed the situation and approved an alternate exiting plan while the walkway is closed. KB3SD had erected fencing and signage on top and below the walkway to minimize any potential danger to students, staff, and the public. Based on the structural inspection the walkway cannot be repaired. The decking and portions of the structural steel have corroded to the point that it needs to be replaced. A tentative schedule for this work would be to complete design by the end of 2016, issue an Invitation to Bid in early 2017, and complete construction in summer 2017. An alternate schedule would he to issue an Invitation to Bid as soon as possible just for demolition and removal of the existing walkway, and then a separate Invitation to Bid for replacement next year. This would eliminate the current safety concerns about falling debris. The current cost estimate to replace the walkway is between $150,000 and $300,000. During the summer of 2016, three projects from the bond project list approved by voters in 2014 were completed under budget, totaling approximately $850,000 in savings. It is staff's recommendation to request approval from the Alaska Department of Education and Early Development to redirect the funds necessary to complete the design and construction required to replace the walkway. If that request is denied staff will need Assembly direction on alternate avenues for funding. Page 179 of 187 Main Elementary Walkway AGENDA ITEM #2.b. 13, -1 Main Elementary L_ VJalkway- Pored Avenue Walkway Location . 1 I �• g,. c 6Vallnray with Play Area Underneath Page 180 of 187 Main Elementary Walkway AGENDA ITEM #2.b. Corroded Metal Decking Concrete Debris Page 181 of 187 Main Elementary Walkway P ED ENGINEERS, INC. October 4, 2016 Matt Gantlet Project Manager/Inspector Kodiak Island Borough 710 Nfill Bay Road Kodiak, Alaska 99615 (907) 486-9211 mgandel@kodiakakm AGENDA ITEM #2.8. PND Contract No. 161128 Subject. Structural Evaluation of Elevated Walkway at Main Elementary School at 128 West Powell Avenue Kodiak, Alaska David Bentd from PND Engineers, Inc. traveled to Kodiak, Alaska on September 27, 2016 to conduct a structural evaluation of the existing elevated walkway at the main entrance to Main Elementary School. The existing walkway is constructed of structural steel framing supporting a 4 inch thick concrete slab on 1-1/2" steel deck. The walkway is covered by a wood framed roof structure but is open on the sides and underside (Photo 1). During the site visit, PND observed both the top and underside of the walkway. Significant deterioration of the steel decking was observed throughout the underside of the walkway (Photo 2). The steel deck has rusted through in numerous spots and the concrete slab above is visible through the holes. The steel W beams were rusted but the beams and their connections are still in good condition. The nut is limited to the surface and there is no significant loss of the members' section (Photo 3). The HSS steel tube edge members support both the outside edge of the walkway and the guard railing (Photo 4 & 5). These members were heavily corroded in areas. Especially where the HSS members are in contact with concrete deck and guard rail attachment. In the highly corroded areas there is substantial loss of the HSS member side wall (Photo 6). The section loss due to corrosion has reduced the structural capacity of the member and of the guard railing connection. The guard railing is no longer straight as a result of the corrosion at the HSS member and the base of the guard railing (Photo 7). Based on our observations, the walkway is not safe for use. The walkway shall remain dosed to use and the area beneath the walkway shall be fenced off until the walkway is repaired permanently or the potential hazards are mitigated by engineered temporary shoring. The severe corrosion to the steel decking and to the edge HSS members has compromised the structural integrity of the walkway. The concrete alone does not provide the capacity needed to support the expected loads. Tbere is a real risk of the concrete deck collapsing which 1506 West 36m Avenue - ANCHORAGE, ALASKA 99503, Phonc 907.561.1011 - 1" 907.563.4220 625 S. Cobb Street Suite 202 - PALME11, ALASKA 99645, Phone 907.707.1081 Page 182 of 187 Main Elementary Walkway AGENDA ITEM #2.b. Page 2 of 6 poses a great tisk to life and safety. PND recommends that the concrete slab, the steel decking, the HSS edge members and the guard railing be demolished and replaced. The other steel walkway members can remain and can continue to be used for the walkway. However, they shall be cleaned of their rust and be properly coated with zinc -rich paint or another appropriate coating to protect them from further corrosion as part of the new walkway construction. Temporary shoring can be designed to allow continued use of the walkway until a permanent repair can be designed and constructed. However, the temporary shoring required will be quite elaborate and expensive to construct due to the long spans that will need to be supported. PND would be glad to provide further assistance to engineer and detail the shoring required to safely re -open the walkway. Sincerely, PND Engineers, Inc. Dwv;J 3 David Bentd, P.E. Senior Engineer PND Engineers, Inc. Jesse Gobeli, P.E., S.E. Principal Page 183 of 187 Main Elementary Walkway AGENDA ITEM #2.b. Page 3 of 6 Photo 1— Elevated Walkway at Main Elementary School Photo 2 — Underside of Elevated Walkway P N D Page 184 of 187 Main Elementary Walkway Page 4 of 6 Photo 3 — Close-up View of Typical Steel Deck Corrosion Observed Photo 4 — HSS Edge Member & Railing AGENDA ITEM #2.b. P N D Page 185 of 187 Main Elementary Walkway AGENDA ITEM #2.b. face 5 of 6 -- _ "6 ' 1 Y Photo 5 —Typical Deterioration of HSS Member at Railing Connection Photo G — Extreme Deterioration of HSS Member at Railing Connection ©I©Io Page 186 of 187 Main Elementary Walkway AGENDA ITEM #2.b. Page 6 of 6 Photo 7 — Wallavay Guard Railing Page 187 of 187 Main Elementary Walkway KODIAK ISLAND BOROUGH WORK SESSION Work Session of: -lei ' Please PRINT your name Please PRINT your name Cric WLL)Kk L� %V(JV� LPr�- 't1Hu. to id 6e 1 S4i 1 - OSLIAS (VI L 1C�F 1 S I� �