AC No. 1991-01DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
CENTRAL REGION -DIVISION OF DESIGN AND CONSTRICTION
RIGHT OF WAY BRANCH
Ray Camardella, Director
Engineering/Facilities
710 Mill Bay Road
Kodiak, AK 99615-6340
Dear Mr. Camardella:
.,7
WALTER /. HICKEL, GOVERNOR
�l 4111 AVIATION AVENUE
P.O. BOX 196900
ANCHORAGE, ALASKA 99519-6900
(FAX 248-9456) (907) 2664621
January 30, 1991
Re: ASA -11-1-008-1
Rezanof Drive Sidewalk
Benny Benson Drive to
North Cutoff Road
QS -0389(4) Kodiak - Mill Bay
Road
Enclosed is Airspace Agreement ASA -11-1-008-1 for the Rezanof
Drive sidewalk.
Please sign the agreement, have it notarized and return it to
this office for additional signatures. A return envelope is
enclosed for your convenience. A copy is also enclosed for your
files. A fully executed copy will be sent to you after all
signatures have been obtained.
If you have any questions, please contact Kathy Trawver at
266-1752.
Sincerely,
Daniel W. Beardsley, SR/WA
Chief Right of Way Agent
Central Region
Enclosures
KT/rlm
•
STATE O F ALASKA
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
AIRSPACE AGREEMENT
THIS AGREEMENT is entered into this day of
19 , at Anchorage, Alaska, by and between t e State of Alaska, Department of
Transportation and Public Facilities, P.O. Box 196900, Anchorage, Alaska
99519-6900, acting by and through its Commissioner, hereinafter referred to as
"the State", and the Kodiak Is,
Borough, hereinafter referred to as "the
Permittee".
THAT the Permittee is desirous of constructing, operating, and maintaining
a sidewalk, occupying the airspace in, or under or over the highway right of way
within the following area:
Located right of centerline at approximate Station 104 to
approximate Station 113 on Rezanof Drive (Benny Benson
Drive to North Cutoff Road) on Alaska Project No.
QS -0389(4) Kodiak - Mill Bay Road as shown on the right
of way map attached hereto and made a part hereof (see
Exhibit A).
WITNESSETH that for and in consideration of the mutual benefits to be
derived, the State and the Permittee agree as follows:
(1) That the airspace shall be occupied for the purpose stated above and
for no other purpose or purposes, without the written consent of the State, and
that the Permittee will not use the airspace for any purpose in violation of any
law, municipal ordinance or regulation.
(2) That any significant revision in the design or construction shall
receive prior written approval by the Department of Transportation and Public
Facilities. The attached conditions and stipulations must be met (see Exhibit
B).
(3) That the State reserves the right to enter the area at any time as
may be necessary for the purpose of inspection, maintenance, or reconstruction
of the highway facility.
(4) That the Permittee shall not make or suffer any alteration within
said airspace without the written consent of the State.
(5) It is specifically agreed and understood that the Permittee shall not
call on the State to make any improvements or repairs of any nature whatsoever
to the facility, but the Permittee hereby specifically covenants and agrees to
keep the same in good order and condition and to maintain said facility at its
own cost and expense, and that no additional items will be built or permitted
within said airspace without written consent of the State. Permittee shall be
responsible for the payment of any real or personal property taxes incurred by
use of the permit area.
(6) The Permittee agrees to defend and indemnify the State from any
injury, loss, claim, or damage to any person or personal property resulting from
the use of the highway right of way described hereinabove as permitted by this
agreement except for negligence by the State. The State will not provide any
insurance for any facility or use made of the above -referenced right of way under
this agreement, and the Permittee will make no claim of any nature against the
AIRSPACE AGREEMENT
ASA -11-1-008-1
Page 1 of 4
State by reason of any damage in the event any facility or use made of the right
of way is damaged, destroyed, or interfered with by any cause. See Alaska
Statute, Section 44.80.070.
(7) The work authorized under this agreement must cease immediately if
any cultural or paleontological resources are discovered. The Permittee will be
responsible for contacting the State Department of Transportation and Public
Facilities and the State Historic Preservation Office for further instruction and
disposition.
(8) Permittee is responsible for insuring continued compliance with
existing American National Standards Institute (ANSI) and all other existing
handicapped/barrier-free requirements, as applicable to the project described
herein.
(9) The Permittee for itself and representatives, as part of the
consideration hereof, does hereby covenant and agree,
(a) THAT no person on the grounds of race, color, national origin
or sex shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination in the use of said facility.
(b) THAT in the construction of any improvement on, over or under
such land and the furnishing of services thereon, no person on the grounds of
race, color, national origin or sex or otherwise be subjected to discrimination.
(c) THAT the Permittee shall use the premises in compliance with
all other requirements of, or pursuant to, Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in federally -assisted programs of the Department of
Transportation; effectuation of Title VI of the Civil Rights Act of 1964, and as
said regulations may be amended.
(d) THAT in the event of a breach of any of the nondiscrimination
covenants, the State shall have the right to terminate the Airspace Agreement and
to re-enter and repossess said area and the facilities thereon, and hold the same
as if said Airspace Agreement had never been made or issued.
Nothing in the transfer of use or any rights granted to the Permittee under
the above-mentioned agreement shall be construed to have granted to the Permittee
any right to convey, assign, or in any way, transfer any rights in said property
without prior approval by the State.
If any provisions or covenants of this Airspace Agreement are violated, then this
Airspace Agreement shall be revoked and null and void if said violation is not
corrected after the Permittee has received written notification by the State of
said violation or noncompliance and has had a reasonable time to correct said
violation to conform to this agreement.
The agreement will be revocable in the event that the airspace facility
ceases to be used or is abandoned, and the provisions of this agreement may be
in writing altered, changed, or amended by the mutual consent of the parties
hereto. The State, however, reserves the right to terminate this agreement by
ninety (90) days written notice to the last known address of the Permittee if
said property is needed for highway purposes. Any required removal of the
sidewalk permitted in this agreement will be at the Permittee's expense with no
cost or liability to the State, nor shall the State be liable for beautification
or other land use requirements imposed on Permittee's adjacent properties as a
result of the termination of this agreement.
AIRSPACE AGREEMENT
ASA -11-1-008-1
Page 2 of 4
IN WITNESS WHEREOF the parties hereto have set their hands and seals the
day and year in this agreement first above written.
RECOMMENDED FOR APPROVAL:
t
DANIEL W. DL-AIK A
Chief Right of Way Agent
Central Region
ROBERT BOYD
Acting Director, Maintenance and
Operations
Central Region
Concurrence of Federal Highway
Administration per memo,
dated )¢eu¢rst .23 /99/
STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION AND
PUBLIC FACILITIES
By: D.D. DIECKMEYER
Acting Director, Design and
Construction
Central Region
0
By:
Perm tee
ACKNOWLEDGMENT
STATE OF ALASKA )
as.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this 4th day of Februar 19 91 ,
before me, the undersigned Notary Pu ibI'c in and for t e State o A aska, —duly
commissioned and sworn, personally appeared Jerome M. Selby ,
to me known to be the Mayor of the Kodiak Island Bornuah o the
corporation that executed the a ove nstrument an a acicnowieaged to me
that executed said instrument freely and vo ie
for the uses and
purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my
office the day and year first above written.
�'ry P061 � nrt6
Notary Pu is in and Aiaska
My Commission Expires:, vtc 2 / Hyl
AIRSPACE AGREEMENT
ASA -11-1-008-1
Page 3 of 4
ACKNOWLEDGMENT OF DIRECTOR
DESIGN AND CONSTRUCTION
STATE OF ALASKA )
as.
THIRD JUDICIAL DISTRICT )
BE IT REMEMBERED that on this day of
19 before me, the undersign a otary Public n an or the tate of
Alamo duly commissioned and sworn as such, personally appeared
'Director of Design and Construction,
Central Region, known to me to be the identical person who executed the foregoing
agreement and he acknowledged to me that he executed the same for and on behalf
of the State of Alaska, Department of Transportation and Public Facilities, with
full authority to do so, and for the uses and purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of my
office the day and year first above written.
Notary Public in and for Alaska
My Commission Expires:
AIRSPACE AGREEMENT
ASA -11-1-008-1
Page 4 of 4
EXHIBIT "B"
ASA -11-1-008-1
REZANOF DRIVE SIDEWALK, BENNY BENSON DRIVE TO NORTH CUTOFF ROAD
The final plans and specifications for the Rezanof Drive Sidewalk project are
approved subject to the following conditions and stipulations:
1. The Department of Transportation and Public Facilities' (DOT&PF) Maintenance
Superintendent shall be notified prior to completion of the work so that a
Maintenance and Traffic Operations Review can be scheduled. We will not grant
final acceptance unless this review has occurred and all deficiencies noted on
the punch list have been corrected.
2. Traffic control provisions shall be added to the specifications that are
acceptable to DOT&PF. Additionally, if traffic disruption will occur on State
right of way, a traffic control plan shall be submitted to DOT&PF's Maintenance
Superintendent for approval at least seven days prior to beginning construction.
3. The Review and Contracts Engineer, Robert H. Wilson, shall be supplied with
as -built drawings on completion of the project.
4. All necessary permits shall be obtained and complied with.
5. Any pavement and base course within State right of way that is to be removed
and replaced shall match existing courses in type and thickness or be
approximately equivalent.
6. The contract documents shall be modified to provide a handicap accessible
curb ramp at the intersection of the crosswalk and the proposed sidewalk.
FINAL ACCEPTANCE:
MAINTENANCE SUPERINTENDENT
REVIEW & CONTRACTS ENGINEER