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
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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.
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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
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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:
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(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.
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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.
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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.
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(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: