AC No. 1991-11U.S Deppf'meni 'Conimander (sr) '; Coast Guard Island
Olt Ta pOrtOilOn Maintenance & Logistics Alameda, CA 94501-5100
United States Command Pacific Tel: (415) 437-3657
Coast Guard (FTS) 536-3657
11011
20 November 1991
Mr. Ray Camardella
Director, Engineering/Facilities
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615-6340
Dear Mr. Camardella:
Enclosure (1), a fully executed copy of Coast Guard License
No. DTCG-Z71133-91-RP-039L covering the period 1 September 1991
through 31 August 2016 authorizing the Peterson School, at the
Coast Guard Support Center, Kodiak, Alaska, is forwarded for your
records. After the transfer of the School is complete, the
Agreement with the Department of Education will be terminated.
The Borough's reimbursement to the Coast Guard for the water,
sewer, garbage, and snow removal, will be handled in an agreement
to be established at a later date. Your cooperation is
appreciated. Mr. Larry McIver is available for any questions,
telephone (415) 437-3657.
Sinoerely
W. PATRICK LAYNE
§�
LCDR, U.S. Coast Guard
Chief, Real Property Branch
By direction of the Carman der
Encl: (1) Copy of License No. DTCG-Z71133-91-RP-039L
Copy: SUPRTCEN Kodiak
Mr. Charles E. Hansen, Director
Impact Aid Program
Elementary and Secondary Education
United States Department of Education
Washington, D. C. 20202
'MyCRECEIRED
t
Maintenance and Logistics Command Pacific
REVOCABLE LICENSE
License No. DTCG-Z71133-91-RP-039L
The UNITED STATES OF AMERICA, acting by and through the UNITED
STATES COAST GUARD, Commander (sr), Maintenance and Logistic
Command Pacific, Coast Guard Island, Alameda, California, 94501-
5100, (hereafter called "LICENSOR"), grants to the KODIAK ISLAND
BOROUGH, whose mailing address is: 710 Mill Bay Road, Kodiak,
Alaska 99615-6340 (hereafter called "LICENSEE"), a Revocable
License to use a portion of the COAST GUARD SUPPORT CENTER,
KODIAK, ALASKA subject to the following terms and conditions.
1. The LICENSOR grants to the LICENSEE the nonexclusive
right to use the following described premises or facilities:
A tract of land within the U.S. Coast Guard Support Center,
Kodiak, Alaska, which was withdrawn from settlement, location,
sale, or entry and reserved for naval purposes under Presidential
Executive Order No. 8278 on 28 October 1939, and is more
particularly described as follows:
Beginning at a point, Cor. 1, U. S. Coast Guard Support Center,
Kodiak, Alaska, which is located at a point North 340 59' 20"
East 2600.19 feet from U. S. Coast and Geodetic Survey Monument,
" Chiniak Southwest Base ", thence South 520 58' 11" East for
128.61 feet to Cor. 2, thence North 370 02' 00" East for 222.50
feet to Cor. 3, thence South 530 07' 40" East for 490.61 feet to
Cor. 4, thence South 390 22' 22" West for 462.89 feet to Cor. 5,
thence North 500 37' 30" West for 47.00 feet to Cor. 6, thence
South 500 05' 30" West for 263.79 feet to Cor. 7, thence North
590 27' 30" West for 485.02 feet to Cor. 8, thence North 350 48'
00" East for 548.64 feet to Cor. 1, the point of beginning,
which description is based on pre -quake 1964 datum and encloses
9.11 acres more or less, together with the necessary non-
exclusive right of ingress and egress over existing roadways and
streets at the Support center; all as delineated on Drawing No.
KC 18391 dated 24 June 1966, except that the ball diamond shall
be available for Coast Guard use when not required for school
sponsored activities.
2. This license shall be in effect for the period
1 September 1991 through 31 August 2016. The LICENSOR or its
successor may revoke this license at any time by giving thirty
(30) days written notice of termination to the LICENSEE at the
above address. The LICENSEE may revoke this license at any time
by giving thirty (30) days written notice of termination to the
United States Coast Guard at the above address.
3. The LICENSEE shall use the licensed premises for the
purpose of operating and maintaining school buildings and
appurtenances for the public education of children residing at
the Support center.
4. This License shall be neither assignable nor
transferable by the LICENSEE. No permanent interest in the real
property subject to this License shall vest in the LICENSEE.
5. This License shall be at no cost to the LICENSEE.
6. The LICENSEE, at its own cost and expense, shall
protect, maintain, and keep in good order the premises or
facilities licensed hereby.
7. No substantial alteration of existing premises or
facilities, or construction of permanent type improvements shall
be made without the approval of the LICENSOR. Any structure or
device erected or installed without LICENSOR's written consent,
or with consent and is later found to interfere with the proper
operation of any of LICENSOR's equipment, shall be removed
immediately upon written notice from the LICENSOR and at the
LICENSEE's own expense. Upon revocation, expiration, or
surrender of this License, and to the extent directed by the
LICENSOR, the LICENSEE shall remove all alterations, additions,
betterments, and improvements made, or installed, and restore the
premises or facilities to the same or as good condition as
existed on the date of entry under this License, reasonable wear
and tear excepted.
8. The use and occupancy of said portion of the Coast Guard
premises shall be without expense to the United States and shall
be subject to such rules and regulations as LICENSOR, or its duly
authorized representative, may from time to time prescribe.
9. Unless specifically allowed elsewhere herein, the
LICENSEE shall at no time permit: (a.) Access to any light, fog
signal and radiobeacon facilities nor (b.) Any interference with
the Coast Guard operations or access rights; nor shall any
Government property of any nature whatsoever be removed from the
premises. If LICENSEE's equipment causes interference to any of
LICENSOR's equipment or operation, it shall be the sole
responsibility of the LICENSEE to correct any interference
problems, or cease their operation and remove all equipment.
10. This license shall not be administered for profit.
11. The LICENSEE shall be liable for any loss of, or damage
to, the premises or facilities incurred as a result of its use
and shall make such restoration or repair, or monetary
compensation as may be directed by the LICENSOR.
12. The LICENSEE hereby agrees to defend, indemnify and hold
harmless the United States, its officers, agents, servants and
employees, from all liability under the Federal Tort Claims Act
(28 USC, Sections 2671,2680) or otherwise, for death or injury
to all persons, or loss or damage to the property of all persons
resulting from the use of the premises by the LICENSEE.
13. The LICENSEE is a self insured entity. Although the
LICENSEE is relieved of the obligation to provide liability
coverage, the LICENSEE shall never the less assume the same
liabilities arising out of its use of government property as any
LICENSEE not so exempted.
14. The LICENSOR shall have access to the licensed property
at all reasonable times for inspection, maintenance, or any other
purpose.
15. The LICENSEE, for itself, its personal representatives,
successors in interest, and assignees as a part of the
consideration hereof, and as a term and condition of the License,
does hereby covenant and agree that, (1) no person on the grounds
of race, color, age, handicap, religion, martial status or
national origin shall be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in
the use of said facilities; (2) that in the construction of any
improvements on, over, or under such land and the furnishing of
services thereon, no person on the grounds of race, color, age,
handicap, religion, martial status or national origin shall be
excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination; (3) that the LICENSEE
shall use the premises in compliance with all other requirements
imposed by 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 or the Civil Rights Act of 1964, and as said regulations
may be amended.
16. The LICENSEE has executed the Standard Department of
Transportation Title VI Assurances, an executed copy of which is
attached hereto and made a part hereof. The LICENSEE accepts the
provisions of the Assurances as part of the terms, conditions,
and covenants of this License.
17. In the event of breach of any of the terms, conditions,
and covenants of the Standard Department of Transportation Title
VI Assurances, the United States shall have the right to
terminate the License and reenter and repossess said land and the
government facilities thereon, and hold same as if said License
had never been made or issued.
18. No member or delegate to Congress or Resident
Commissioner shall be admitted to any share or part of this
License or any benefit to arise therefrom, but this provision
shall not be construed to extend to this License if made with a
corporation whose membership, includes a member or delegate to
Congress or Resident Commissioner, who indirectly receives a
general benefit from this License.
19. The LICENSEE warrants that no person or selling agency
has been employed or retained to solicit or secure this License
upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee. For Breach or violation of this
warranty, the Government shall have the right to annul this
License without liability or in its discretion recover from the
LICENSEE the amount of such commission, percentage, brokerage or
contingent fee in addition to the consideration if any, herein
set forth.
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
16 Noy / tx
DATE W. PATRICK LAYN USCG
Chief, Real Propert ranch
Maintenance and Logistics Command Pacific
By direction of the Commander
This Revocable License is also executed by the LICENSEE in
acknowledgment and acceptance of the terms and conditions herein
set forth.
KODIAK ISLAND BOROUGH
DAT Si atureSi ature/Titles
JIMIN, EBELL. BOLGER I GENTRY
A PROFESSIONAL CORPORATION
JOEL H. SOLDIER' ATTORNEYS AT LAW
C. WALTER EBELL
323 GAROLYN STREET
DUNCAN S. FIELDS
DIANNA R. GENTRY
KODIAK, ALASKA 99613
MATTHEW D. JAMIN
WALTER W. MASON'
TELEPHONE: (907) 466-6024
JANE E. SAUER
ALAN L. SCHMITT
FACSIMILE: (907) 466.6112
MICHAEL C. SCIACCA*
REPLY TO KODIAK OFFICE
.AOHITTED TC ALASKA
.NO W....... TO. Y
ALL ERS ACMITTE0 TO
ALASKA EAR fEEMOR111nUM
TO The Honorable Jerome Selby, Mayor
KODIAK ISLAND BOROU #
FROM : Joel H. Bolger !'I
JAMIN, EBE , R & GENTRY
DATE : September 28, 1992
RE Peterson Elementary Transfer
Our File No. 4702-179
ANCHORAGE OFFICE:
1200 1 STREET. SUITE )O•
ANCHORAGE. ALASKA 99301
TELEPHONE AND FAX
(907)ETS-SIOO
SEATTLE OFFICE:
300 MUTUAL LIFE BUILDING
603 FIRST AVENUE
SEATTLE. WASHINGTON 96104
TELEPHONE: 12061622-763e
FACSIMILE: 1206) 623-7321
I contacted Jane Hess who is a program attorney for the
Department of Education. I asked Miss Hess if the indemnity clause
in the quitclaim deed was intended to cover construction and
maintenance work performed by the United States in the past. I
asked if the language in the clause could be changed.
Hess responded that the United States would take the
position that by accepting the quitclaim deed, the Kodiak Island
Borough is accepting all liability for the construction,
maintenance and use of Peterson Elementary School, including
construction work that has been performed in the past. She said
that she had no authority to change the language in the deed. In
determining whether to accept the deed, the Assembly and
Administration should take into account that in its present form
the deed is intended by the United States to transfer all liability
for the building to the Kodiak Island Borough.
JHB:cat
cc: Jack McFarland, Presiding Officer
Kodiak Island Borough Assembly
4702\179M.006
RECEIVED
ED
SEP 2 9 1992
KODIAK ISLAND 8ORUUur
CLERK'S OFRGF
JOEL H. BOLGER•
C. WALTER EBELL
DUNCAN S. FIELDS
DIANNA R. GENTRY
MATTHEW D. JAMIN
WALTER W. MASON'
JANE E. SAUER
ALAN L. SCHMITT
MICHAEL C. SCIACCAA
*ADPAITTID TO ALASKA
wA..INOTON ]AM
ALL OTHERS AONITTED TO
ALASKA uK
TO
FROM
DATE
RE
E • n
NJAMIN, EBELL, BOLGER &
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
323 CAROLYN STREET
KODAK, ALASKA 99616
TELEPHONE: (907) A86-6024
FACSIMILE: (907) 486-6112
REPLY TO KODIAK OFFICE
MEMORANDUM
The Hon. Jerome Selby, Mayor
Joel H Bolger
Jamin, Ebell, Bolger & Gentry
September 14, 1992
Peterson Elementary Transfer
Our File No. 4702-179
GENTRY
(VIA FAX AND MAIL)
ANCHORAGE OFFICE:
1200 I STREET. SUITE 704
ANCHORAGE. ALASKA 99501
TELEPHONE AND FAX
(907) 2766100
SEATTLE OFFICE:
]OO MUTUAL LVE BUILDING
605 FIRST AVENUE
SEATTLE. WASHINGTON 98106
TELEPHONE: (206) 622-163<
FACSIMILE: (206) 623-1521
SFp 15 1992
I reviewed the letter you received, dated September 4, 1992, from the Department of Education
with the attached Project Description, draft Quitclaim Deed and Assurances. The Assurances is the
document which is requested by the department prior to the completion of the final quitclaim documents.
I do not find any objection to the language of the Assurances. I recommend that it can be signed and
returned to the Department of Education
You should be aware of certain language of the Quitclaim Deed. On January 28, 1991, the Kodiak
Island Borough School District passed Resolution No. 901-4, supporting the transfer of title for Peterson
Elementary School to the Kodiak Island Borough. Included in this resolution was a condition that the
United States Department of Education hold the Kodiak Island Borough harmless from the payment of
any claims relating to hazardous substance release. On February 7, 1991, the Kodiak Island Borough
Assembly passed Resolution No. 91-3, supporting the transfer of Peterson Elementary School to the Kodiak
Island Borough, with an identical condition that the United States Department of Education hold the
Kodiak Island Borough harmless from any claims relating to any hazardous substance release.
Paragraph 5, Page 8 of the draft Quitclaim Deed enclosed with the letter from the Department
of Education, dated September 4, 1992, specifically rejects this condition requested by the assembly and
the school board. In addition, Paragraph 11, Page 5 of the draft Quitclaim Deed contains the following
language:
11. By acceptance of this instrument, the Transferee agrees
that this transfer and release is effective on an "as is, where is" basis, and
that the UNITED STATES makes no warranty, express or implied, with
respect to the property hereby transferred. The Transferee agrees to
indemnify, defend, and hold the UNITED STATES OF AMERICA free
and harmless from all liability, loss, damages, claims, and other expenses,
including attorney's fees and court costs, originating from or in connection
with the construction, maintenance, or use of the school facilities or
originating from or in connection with the Transferee's removal of the
asbestos contaminants from the school facilities or conveyed herein by the
U.S. Department of Education to the Transferee.
Mayor Selby Memo
September 14, 1992
Page 2
This language will expose the Kodiak Island Borough to liability for any claims relating to the construction,
maintenance or use of the school facilities.
If the intent of this language is to protect the United States from future claims with respect to
school facilities, you may wish to recommend the addition of the word "future" in the second sentence of
Paragraph 11 so that sentence would read as follows:
The Transferee agrees to indemnify, defend and hold the UNITED
STATES OFAM]WCAfree and harmless from all liability, loss, damages,
claims and other expenses, including attorney's fees and court costs,
originating from or in connection with the future construction,
maintenance, or use of the school facilities or originating from or in
connection with the Transferee's removal of the asbestos contaminants
from the school facilities conveyed herein by the U.S. Department of
Education to the Transferee.
You should note, however, that even this change in language will not constitute a promise by the United
States to indemnify and hold the borough harmless from claims relating to past hazardous substance
release as originally requested by the school board and the borough assembly.
I also have the following grammatical and typographical changes for the Quitclaim Deed.
In the introductory paragraph, switch the designations of "Kodiak Island Borough School District°
and "Kodiak Island Borough" so that the last clause of that paragraph reads as follows:
... and the Kodiak Island Borough, Transferee, a municipal government
organized and existing under the laws of the State of Alaska on behalf
of the Kodiak Island Borough School District, (local educational agency),
Kodiak Island Alaska
In Paragraph 2 of the Quitclaim Deed, chance the word "Kodiak' to "the Kodiak Ialand Borough".
In Paragraph 8 of the Quitclaim Deed, change the word "Kodiak" to "the Kodiak Island Borough".
Revise the acknowledgement on Page 9 of the Quitclaim Deed to read as follows:
Before me a notary public in and for the State of Alaska on this
day personally appeared JEROME M. SELBY, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same voluntarily and as the act
and deed of the Kodiak Island Borough, a political subdivision of the State
of Alaska on behalf of the Kodiak Island Borough School District, and as
Mayor of the said municipality, and for the purposes and considerations
therein expressed.
Feel free to call if you have any questions concerning the foregoing recommendations.
JHB:tah
cc Jack McFarland, Presiding Officer
Kodiak Island Borough Assembly
4702\179w.004