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AC Contract No. 1993-04cic,k- AC - 93-D COAST GUARD SUPPORT CENTER KODIAK LICENSE License No. 246000 -93 -RP - The UNITED STATES OF AMERICA, acting by and through the UNITED STATES COAST GUARD, Commanding Officer, Coast Guard Support Center, Kodiak, Alaska 99619-5000, (hereinafter called "LICENSOR"), grants to the Kodiak Island Borough whose address is 710 Mill Bay Road, Kodiak Alaska 99616-6430 (hereinafter called "LICENSEE") a revocable License to use a portion of the property at COAST GUARD SUPPORT CENTER KODIAK, ALASKA subject to the following terms and conditions. 1. Licensed Premises. The LICENSOR grants to the LICENSEE the non-exclusive right to use the following described premises or facilities together with the non-exclusive right of ingress and egress for purposes of conducting an elementary school and related activities during the period commencing 15 June 1993 and ending 14 June 1994: (a) Building No. 544 and the parking lot in the immediate i .rayiy of the building which will be used as a playground; (b) The library and TV lounge on the first floor of Building No. 7 and parking for three sedans or pickup trucks in the parking lot adjacent to Building No. 7; (c) Occasional use of Building No. 9 (the theater building). (d) Occasional use of Building No. 2 (the gym). (e) Parking lot at Building 594 (the Tsunami Center) for parking for LICENSEE faculty, staff and visitors on official school business or attending LICENSEE sanctioned meetings or events. This License to use the above facilities is generally conditioned upon such use not interfering with LICENSOR'S ability to carry out its Coast Guard missions. Additionally, the use of the theater and gym is on a not -to -interfere basis with activities scheduled by LICENSOR in those facilities. LICENSEE shall coordinate their use through Mr. Wayne Berry, MWR Division Chief, at telephone number 487-5471. 2. Extracurricular Activities. In the event LICENSEE desires to schedule any activity other than routine classroom or school playground activity, or any activity during times other than normal school hours, LICENSEE shall notify Wes Cambell at telephone number 487-5320 of its intentions. Such notification 1 will be made in sufficient time to allow LICENSOR to make appropriate arrangements to accommodate the activity or require alternative arrangements be made by LICENSEE. 3. This License is Limited to Use of the Designated Facility. The LICENSEE, its officers, employees, contractors, agents, and guests and the participants in its activities may not enter or use any other facilities on the installation, unless they have an independent entitlement to do so or are specifically invited to do so by someone with the authority to allow entry. 4. Non -Profit Operation and Certification. The LICENSEE certifies that it is either a state or local government entity or a non-profit organization, which is exempt from taxation by section 501 of the Internal Revenue Code (26 U.S.C. 501). LICENSEE may not conduct any activities on the facility for the purpose of making a profit. 5. Governing Law and Regulations. The LICENSEE, its officers, employees, contractors, agents, and guests and the participants in its activities, while on the Coast Guard installation are subject to all applicable Federal, state, and local laws, regulations, directives, and orders, including those issued by the LICENSOR or a designated representative, including the installation's Officer of the Day, Master at Arms, or a member of the installation's security force. 6. Environmental Protection. a. The LICENSEE may not unlawfully pollute the air, ground or water, nor create a public nuisance. The LICENSEE shall, at no cost to the United States, promptly comply with all applicable Federal, state, and local laws, regulation, or directives regulating the quality of the environment. This does not effect the LICENSEE's right to contest the validity of such laws, regulations, or directives or to try to enjoin their applicability. b. The LICENSEE shall use all required means to protect the environment and natural resources from any damage arising from the LICENSEE's use of the facilities and activities incident to its use. If any damage results to the environment or natural resources, the LICENSEE shall restore the environment or damaged resources. 7. Access to Licensed Facilities. The LICENSEE, its officers, employees, contractors, agents, and guests and the participants in its activities shall enter and exit the installation by established routes and shall comply with all posted traffic and parking control signs and directions by the installation's security forces. 2 8. Warranties and Repairs. LICENSOR is making the licensed premises available on an "as-is/where is" basis with no LICENSOR representations or warranties of any sort concerning their condition, suitability for use for the purpose for which LICENSEE intends or compliance with any Federal, State or local laws, regulations or standards. Except as provided below, LICENSEE will bear the entire cost of use of these facilities, and any required upgrades, routine maintenance and repair of them will be at no cost to LICENSOR. LICENSOR will make repairs to existing major structural components (load bearing walls, roofs, foundation, floor, piping associated with water and sewage and the electrical wiring) for damage or deficiencies not caused by the activities of LICENSEE in the licensed facilities. If the cost of any such repair or repairs exceed $50,000, LICENSOR may elect to have the LICENSEE make the necessary repair at LICENSEE expense, and if the LICENSEE declines to do so, immediately terminate the license if dictated by safety or other considerations. 9. Utilities/Services. Electricity, water, trash removal, steam and other utilities/services will be billed on a quarterly basis based on a flat fee which will be negotiated between the LICENSEE and LICENSOR prior to the commencement of such services. 10. Alterations. No additions to or alterations of the licensed facility can be made without the prior written consent of the LICENSOR. Plans for any such additions to or alternations will be submitted to CDR John Miller, at telephone number 487-5320, for review and written consent, before work is begun. Upon revocation, expiration, or surrender of this license the LICENSEE shall, to the extent directed by the LICENSOR, remove all alterations, additions, betterments, or improvements made or installed, and restore the premises, subject to reasonable wear and tear, to the same or in as good a condition as existed on the effective date of this license. 11. Return of Licensed Premises. On or before the expiration of this license, or upon its relinquishment by the LICENSEE, the LICENSEE shall vacate the facilities and remove all property brought onto the installation by the LICENSEE, its officers, employees, contractors, agents, and guests and the participants in its activities. If this license is revoked for any reason, the LICENSEE shall vacate the facility and remove all property brought onto the installation by the LICENSEE, its officers, employees, contractors, agents, and guests and the participants in its activities. In either event, if the LICENSEE fails to remove property brought onto the installation (abandoned property), then, at the option of the LICENSOR, the abandoned property shall either become the property of the United States, without payment of compensation, or the LICENSOR may have the property removed from the installation . The LICENSEE agrees that the LICENSOR has no obligation to safeguard or care for the abandoned property. Neither the LICENSOR, the Coast Guard, nor 3 the United States, are liable for any expenses incurred by the LICENSEE for the removal of the abandoned property. If the LICENSEE fails to remove any property brought on the installation, the LICENSEE shall pay any costs Encurre3 -yam LICENSOR for its removal. 12. Restoration of the Facilities. The LICENSEE shall restore the facility to a condition acceptable to the LICENSOR. LICENSEE shall clean up and remove all trash and refuse generated by the LICENSEE's use of the facilities and shall replace any property that it may have relocated during its use of the facility. if the LICENSEE fails to restore the facility, including the removal of trash and relocation of property, the LICENSEE shall pay any costs incurred by the LICENSOR to restore the facility. 13. Damage to Property. The LICENSEE is responsible for any damage to or destruction of any property belonging to the United States, which results from the LICENSEE's use of the facility. The LICENSEE shall promptly repair or replace any damage or destroyed property to the satisfaction of the LICENSOR. In lieu of repairs or replacement, and at the sole LICENSOR's discretion, the LICENSEE may pay to the LICENSOR money in an amount sufficient to compensate for the LICENSOR for the loose sustained as a result of the damage to or destruction of the property. 14. State and Local Permits Licenses and Taxes. The LICENSEE is solely responsible for obtaining any state or local permits or licenses necessary for its proposed use of the facility, as well as for the payment of any state or local taxes generated by its activities. 15. Solicitations. The LICENSEE, its officers, employees, contractors, agents, and guests and the participants in its activities may not engage in any activities while on the installation that involve the solicitation of funds for private or commercial interests, including fund raising for non-profit organizations and causes without prior consent of LICENSOR. 16. Controlled Substances. The LICENSEE, its officers, employees, contractors, agents, and guests and the participants in its activities may not bring any controlled substances onto the installation, nor may any controlled substances be possessed, used, solicited, transferred, or sold on the installation. 17. Alcoholic Beverages. The LICENSEE, its officers, employees, contractors, agents, and guests and the participants in its activities may not bring any alcoholic beverages onto the installation (unless they have an independent entitlement to do so) or consume alcoholic beverages in the licensed facilities. 18. Notice of Potential Hazards. a. The following hazards may be associated with the use of the facility by the LICENSEE: 4 (1) Helicopter and fixed wing aircraft operations emitting loud noises. When helicopters and fixed wing aircraft are operating in the vicinity of the taxiway, dust and other _. debris --- injury and property damage. (2) Operation of helicopters and fixed wing aircraft and the necessity to cross active taxiways enroute to the facilities. (3) Electronic transmitting devices that emit radio waves of various frequencies. (4) High winds, ice snow, and other harsh environmental conditions prevalent in the Kodiak area generally and especially Women's Bay. Support Center roads and sidewalks may be uncleared or only partially cleared of snow and ice for extended periods of time. When present these conditions make driving on Support Center roads and walking on the Support Center dangerous. (5) Construction of the swimming pool will be underway near the facilities with the attendant vehicular, equipment and workmen's heavy traffic around the facilities. (6) The facility has various sports fields on it, including baseball/softball fields. While in the vicinity of these fields, there is an inherent danger of individuals and vehicles being hit by balls from the playing fields. b. The use of the described, or similar, devices and the hazardous facilities in the vicinity or along the access routes to the licensed facilities are dictated by the weather conditions, operational requirements, other authorized uses of the installation, and safety concerns. Their use cannot be delayed or otherwise affected because of the LICENSEE's use of the facilities. c. The buildings subject to this license are old, may contain asbestos, and may not necessarily comply with all current seismic and safety codes. d. The LICENSEE shall develop and publish evacuation plans for emergencies such as fire, earthquake, tsunami, or other natural disaster. e. The LICENSEE shall advise its officers, employees, contractors, agents, and guests and the participants in its activities of the potential hazards. 5 19. Indemnification and Insurance. a. LICENSEE shall indemnify and hold harmless the United --- States, theF=Coast G , -its officers, -employees, MMnts, znd --- - servants from any and all liability resulting from any tortious acts or omissions under the Federal Tort Claims Act (28 U.S.C. 2671 et sea.) or any other law, including the death or injury to any persons or loss or damage to the property of any persons resulting from the use of the facilities by the LICENSEE. b. LICENSEE shall indemnify and hold harmless the LICENSOR against all actions, claims, demands, liabilities, and damages that may in any manner be imposed on or incurred by LICENSOR as a result of any act, default, or omission of the LICENSEE, its officers, employees, contractors, agents, or guests or the participants in its activities in connection with the LICENSEE's use of the facilities for any injuries sustained by any individual's who has come on the facilities as a result of the LICENSEE's use of the facility and may be injured in the course of participating in an inherently hazardous activity, an athletic activity, or another recreational activity while on the installation, whether or not the activity is a sanctioned part of the LICENSEE's use of the facilities. C. If alcoholic beverages are consumed by LICENSEE, its officers, employees, agents and guests during the LICENSEE's.use of the facility, the LICENSEE shall indemnify and hold harmless the LICENSOR against all actions, claims, demands, liabilities, and damages that may in any manner be imposed on or incurred by LICENSOR as a result of any act or omission, no matter whether the act or omission occurs on or off the installation, following the consumption of alcohol at the facilities by the LICENSEE, its officers, employees, contractors, agents, or guests or the participants in its activities. d. LICENSEE shall indemnify and hold harmless the LICENSOR against all actions, claims, demands, liabilities, and damages that may in any manner be imposed on or incurred by LICENSOR as a result of any act, default, or omission of the LICENSEE, its officers, employees, contractors, agents, or guests or the participants in its activities in connection with the use of the facilities under this license. e. The LICENSEE shall indemnify and hold harmless the LICENSOR against all actions, claims, demands, liabilities, and damages that may arise from the hazards listed in paragraph 18 above and the LICENSEE's potentially incompatible use of the facilities. f. LICENSEE shall have the Coast Guard specifically named as an insured in a general liability policy, obtained by the LICENSEE, at no cost to the Coast Guard, that covers the LICENSEE's use of the facility under this license. 1.1 The insurance policy, which names the Coast Guard as an insured, must be in full force and effect during all periods covered by this license, including any periods when the LICENSOR has consented to the rescheduling of the use of the facilities. The insurance policy must provide a minimum of $1 million dollars coverage per occurrence. The LICENSOR also must be named as a certificate holder on the LICENSEE's insurance policy. 20. Notification. The LICENSEE shall notify all of its officers, employees, contractors, agents, or guests who will use the facility of the terms of this license and that they are required to comply with all applicable terms of this license if they enter the installation. 21. Non -Discrimination. The LICENSEE, for itself and its officers, employees, contractors, agents, and guests agrees that: a. No individual on the grounds of race, sex, color, religion, age, or national origin may be excluded from participation in, denied the benefits of, or be otherwise discriminated against in the use of the facilities. b. No individual on the grounds of race, sex, color, religion, age or national origin may be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the construction of any improvements at the facility or in the furnishing of services in connection with the use of the facilities by the LICENSEE. c. That the LICENSEE shall use the facilities in compliance with the regulations in 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964. This license is not valid unless prior to the execution of this license, the LICENSEE has signed the Standard Department of Transportation Title VI Assurance form, a copy of which is attached to and made part of this license. 22. Designation of LICENSOR's Principal Representative. CDR John C. Miller is designated as the principal representative of the LICENSOR. The LICENSEE shall coordinate its use of the facilities with the principal representative. The principal representative can be contacted at telephone numbers: Work 907- 487-5320 and Home 907-487-4550. 23. Revocation. This license is revocable at will by the LICENSOR or LICENSEE. The revocation is effective upon receipt of written or oral notification to LICENSEE's representative, Marcia Oswalt, Principal, Peterson School or LICENSOR's Principal Representative. The LICENSEE's representative can be contacted at telephone number -- Work 907-487-2125 and Home 907-486-4486. 7 (NOTE: Licenses are often revoked when in LICENSOR's opinion unsafe conditions exist, the LICENSEE has failed to comply with the terms of a license, or the use of the facility would conflict with Coast Guard operational requirements.) 24. Assignability._ This license is neither_Asslanahla nor transferable by the LICENSEE. 25. Entire Agreement. This license constitutes the only agreement between the LICENSOR and LICENSEE. Any prior understanding or representation of any kind, which proceeded the date of this license, are not binding on either party, except to the extent the understandings are incorporated into this license. For the Coast Guard: For the LICENSEE: Copy: MLCPAC (sr) (] ) aj� . BARRETT Captain, U. S. Coast Guard Commanding Officer Phone: (907) 487-5256 F J ome M. Selby B ough Mayor Kodiak Island Borough Phone: (907) 486-9301 ATTEST: