Mat-Su Borough Temporary Land Use Permit
A substantial portion of the area used by the ASC is governed by a use permit with the Mat-Su Borough. This includes the tenting area, “trailer row”, and the area used for trailered boat parking. Following is a list of the official documents associated with the permit:
The text of our use permit is provided below for the convenience of our members and the public:
Matanuska-Susitna Borough TEMPORARY LAND USE PERMIT
SECTION 1. Parties
The Matanuska-Susitna Borough, hereinafter called “BOROUGH”, a municipal corporation organized and existing under the laws of the state of Alaska whose address is 350 East Dahlia Avenue, Palmer, Alaska, 99645, does hereby permit Alaska Sailing Club, Inc. hereinafter called the “PERMITTEE”, whose address is P.O. Box 92554-2554, Anchorage, Alaska, 99509, the use of borough-owned land, subject to the following terms and conditions.
SECTION 2. Property
The permitted property is described as that portion lying north of the Public Use Easement located within Block 5, South Big Lake Alaska Subdivision Lot 8-A, Block 2, a resubdivision of Lot 8, Block 2 and Block 5, South Big Lake Alaska Subdivision, recorded as Plat No. 94-80, Palmer Recording District, Third Judicial District, State of Alaska, being more particularly shown on the attached map as Exhibit “A”.
SECTION 3. Activities
A. This permit authorizes the PERMITTEE the use of the property for specific activity as defined in this Section, hereinafter called “activities”.
B. Authorized activities include shoreline restoration under permit of Alaska Department of Fish & Game; dry land boat storage for members, events, parking and overnight camping for Alaska Sailing Club, Inc. members, guests and invitees.
C. Commercial use, or use of the property for personal gain, is prohibited.
SECTION 4. Permit
This permit does not convey any interest in the property. The permit authorizes use of the property by the PERMITTEE only for the authorized activities and is subject to the conditions set forth in this permit. The parties who comprise the PERMITTEE (see attached Exhibit B) shall be held jointly and severally liable for meeting the conditions and obligations set forth in this permit.
SECTION 5. Permit Fee
A. The non-refundable annual land use fee is five hundred dollars ($500.00).
B. The annual land use fee will be payable to the BOROUGH annually on or before the anniversary date for the duration of the permit.
SECTION 6. Permit Term
This permit is valid from the date of execution by the borough manager for a term of five (5) years. The permit shall expire on Dec 30, 2014.
SECTION 7. Cash Bond
One thousand five hundred dollars ($1,500) shall be deposited with the BOROUGH in the form of cash, certificate of deposit, or certificate of surety before the borough manager executes the permit. The bond warrants that the PERMITTEE will faithfully observe the terms and conditions of the permit and defray any costs for restoration or rehabilitation of the property affected by the permitted use. The BOROUGH will return the cash bond to the PERMITTEE after the termination or expiration of the permit and if the BOROUGH determines that all permit conditions have been met and the property is in satisfactory condition.
SECTION 8. Special Conditions
A. PERMITTEE shall obtain a current permit from the State of Alaska Department of Fish & Game for shoreline restoration and provide a copy of the permit to the BOROUGH.
B. The PERMITTEE shall maintain the site in a clean and neat condition with no junk or trash allowed.
C. PERMITTEE shall provide a reasonably safe environment and be responsible for security of the permitted premises during all activities.
D. Fuel Storage/Hazardous Materials
- The storage of petroleum products is prohibited on the property.
- The use of or storage of toxic or persistent chemicals is prohibited on the property.
- Fuel spills or contamination of the water or land will be controlled and recovered immediately and reported to the State of Alaska Department of Environmental Conservation and to the BOROUGH by the PERMITTEE.
E. The discharge of firearms is prohibited on the property.
SECTION 9. Structures
No permanent structures are allowed on the property other than those approved in writing by the BOROUGH. The PERMITTEE shall not place any gate or structure on any portion of Borough property that would restrict public access to public land.
SECTION 10. Safety
The PERMITTEE is responsible for the safety of personal/commercial vehicles under this permit.
SECTION 11. Site Clearing
A. No site clearing for structures, trails, or other improvements is allowed unless approved in writing by the BOROUGH.
SECTION 12. Sanitation
A. The property shall be kept in a clean and sanitary condition and every effort shall be made to prevent the pollution of water and land.
B. Permittee shall provide necessary port-a-potty facilities during Club sponsored activities so as not to place a strain on existing public facilities used at the public boat launch and parking area. Permittee shall at their sole expense and responsibility order, deliver, maintain and return such portable facilities.
C. Greywater shall not be discharged onto the property or into any surface waters.
D. Trash generated from the activities associated with the permit shall be removed and disposed of properly at an approved landfill or transfer site
SECTION 13. Explosives
The use of explosives, including fireworks, is prohibited on the property.
SECTION 14. Fire Control
The PERMITTEE shall be prepared to suppress fires at all times. The PERMITTEE shall take immediate action to suppress uncontrolled fires on the property and report them to the proper authorities and the BOROUGH.
SECTION 15. Access
Public access to the public boat launch and parking area may not be restricted by the PERMITTEE, its members, guests or invitees.
SECTION 16. Inspections
A. The PERMITTEE shall have a representative available to receive, on behalf of the PERMITTEE, any notices and instructions given by authorized borough administrator in regard to performance under this permit to take such action thereon as required by the terms of this permit.
B. The PERMITTEE shall pay all travel costs associated with site inspections performed by the BOROUGH when the inspection(s) is necessary due to a complaint or report that the PERMITTEE is in violation of permit terms or conditions. The inspection fee under these circumstances will be a minimum of fifty dollars ($50).
C. A final inspection of the property shall be performed by the BOROUGH on or after the expiration date of the permit to determine the condition of the property. The property shall be cleared of all personal property, materials, equipment, structures, and waste that the PERMITTEE placed or caused to be placed on the property.
D. If materials, equipment, structures, or personal property is not removed by the expiration date, it may become the property of the BOROUGH and may be used or otherwise disposed of by the BOROUGH without obligation to the PERMITTEE.
E. If the permit site requires clean up, revegetation or rehabilitation due to PERMITTEE’S neglect, the bond will be withheld and used by the BOROUGH to defray the costs of restoration.
SECTION 17. Termination for Cause
Violation of permit conditions will result in permit cancellation and may result in a claim for damages by the BOROUGH and other civil or criminal penalties as applicable under the law. Termination for cause may disqualify the PERMITTEE from receiving a permit or lease from the BOROUGH for five years (MSB 23.10.090). If the permit is terminated for cause the PERMITTEE shall have three days (72 hours) to vacate the property.
SECTION 18. Termination or Suspension Without Cause
This permit may be suspended or terminated by the BOROUGH without cause. If the permit is terminated without cause the PERMITTEE shall have a minimum of seven days to vacate the property.
SECTION 19. Termination or Suspension for Convenience
Should circumstances warrant, the permit may be terminated or suspended by the BOROUGH. If the permit is terminated for convenience the PERMITTEE shall have a minimum of seven days to vacate the property
SECTION 20. Compatible Uses
The BOROUGH reserves the right to permit other land use near the permit area, provided the BOROUGH determines that such use will not unduly impair the purpose or conditions of the permit.
SECTION 21. Transfer / Subdividing
A. This permit may not be transferred or assigned.
B. The subleasing or subdividing of the property is prohibited.
SECTION 22. Indemnification
The PERMITTEE shall indemnify, defend, and hold and save the borough its elected and appointed officers, agents, and employees harmless from any and all claims, demands, suits, or liability of any nature, kind, or character, including costs, expenses, and attorney’s fees. The PERMITTEE shall be responsible under this clause for any and all legal actions or claims of any character resulting from injuries, death economic loss, damages, violation of statutes, ordinances, constitutions, or other laws, rules, or regulations, contractual claims, or any other kind of loss, tangible or intangible, sustained by any person, or property arising from PERMITTEE’s agents, employees, partners, attorneys, suppliers, and subcontractors’ performance or failure to perform this agreement in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omission by the BOROUGH or its agents which are said to have contributed to the losses, failure, violations, or damage. However, the PERMITTEE shall not be responsible for any damages or claim arising from the sole negligence or willful misconduct of the BOROUGH, its agents, or employees.
SECTION 23. Insurance
The PERMITTEE shall purchase and maintain insurance with minimum limits as outlined below. Proof of insurance that meets the attached requirements shall be submitted to the BOROUGH prior to execution of this permit by the manager.
It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of the Agreement to create in the public or any member thereof a third party benefit hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement.
It is highly recommended that the PERMITTEE confer with their respective insurance companies or brokers to determine if their insurance program complies with the Borough’s Insurance requirements.
The PERMITTEE shall procure and maintain the following insurance:
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
- Insurance Services office form number CG 0001 (Edition 10/01) covering Commercial General Liability
- Insurance Services office form number CA 0001 (Edition 10/99) covering Automobile Liability, symbol 1 “any auto.”
- Worker’s Compensation insurance as required by the State of Alaska and Employers Liability Insurance (if applicable).
B. Minimum Limits of Insurance: PERMITTEE shall maintain limits no less than:
- General Liability: minimum $300,000 combined single limit per occurrence for bodily injury, property damage, personal injury and advertising injury. The general aggregate limit shall be minimum $300,000. The general aggregate limits shall apply separately to each project.
- General liability insurance shall be maintained in effect throughout the term of the Agreement.
- The PERMITTEE shall provide insurance for a period of two years after termination or expiration of this Agreement if the general liability insurance is written on a claim made form. The policy(s) shall evidence a retroactive date, no later than the beginning of this Agreement.
- Auto Liability: $300,000 combined single limit per accident for bodily injury and property damage.
- Worker’s Compensation and Employers Liability: Worker’s Compensation shall be statutory as required by the State of Alaska. Employer’s liability shall be endorsed to the following minimum limits:
- Bodily injury by Accident – $100,000 each accident
- Bodily injury by Disease – $100,000 each employee
- Bodily injury by Disease – $500,000 policy limit
- Excess Liability: In order to meet the required minimum limits of insurance it is permissible for the PERMITTEE to combine an excess liability or umbrella policy with the general liability, auto liability or employer’s liability. In the instance where the PERMITTEE purchases an excess liability or umbrella policy, the occurrence limit and the aggregate limit may be of the same amount.
C. Deductibles and Self-Insured Retention: Prior to work commencing, any deductible or self-insured retention must be declared and approved by the Borough. PERMITTEE may be requested to demonstrate how the deductible or self-insured retention will be funded in the event of a claim. At the option of the Borough, the PERMITTEE shall reduce or eliminate such deductibles or self-insured retention as respects the Borough, its officers, officials, employees and volunteers; or the PERMITTEE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
- General Liability, Automobile Liability
- The Borough, its Administrator, officers, officials, employees and volunteers shall be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the PERMITTEE; products and completed operations of the PERMITTEE premises owned, occupied or used by the PERMITTEE or automobiles owned, leased, hired or borrowed by the PERMITTEE. The coverage shall contain no special limitation on the scope of protection afforded to the Borough, its Administrator, officers, officials, employees, and volunteers.
- The PERMITTEE insurance coverage shall be primary insurance as respects the Borough, its Administrator, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Borough, it’s Administrator, officers, officials, employees, and volunteers shall be excess of the PERMITTEE insurance and shall not contribute to it.
- The PERMITTEE insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
- Worker’s Compensation and Employer’s Liability: The insurer shall agree to waive all rights of subrogation against the Borough, its Administrator, officers, officials, employees, and volunteers for losses arising from work performed by the PERMITTEE or any subcontractor of the PERMITTEE in relation to this Agreement.
- All Insurance: Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after 30 days prior written notice for nonpayment of premium or fraud on the part of the PERMITTEE or 60 days prior written notice for any other reason by certified mail, return receipt requested, has been given to the Borough. Such notice shall be mailed by the PERMITTEE to the attention of the Borough’s Land Management Officer.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating of no less than A-VII.
F. Verification of Coverage. PERMITTEE shall furnish the Borough with certificates of insurance and with certified copies of all endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the Borough. All certificates are to be received and approved by the Borough before work commences. The Borough reserves the rights to require complete, certified copies of all required insurance policies, at any time.
G. Subcontractors and Sublessee’s. PERMITTEE shall include all subcontractors and sublessees as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor and sublessees. All coverage for subcontractors and sublessees shall be subject to all requirements stated herein.
H. Lapse in Insurance Coverage. A lapse in insurance coverage, any change that restricts, reduces insurance provided, or changes name of insured without Borough approval is a material breach of this agreement, which shall result in immediate termination of the agreement.
SECTION 24. Permits, Laws, and Taxes
The PERMITTEE shall acquire and maintain in good standing all permits, licenses, and other entitlement necessary to the performance under this permit. All actions taken by the PERMITTEE under this permit shall comply with all applicable statutes, ordinances, rules, and regulations. The PERMITTEE shall pay all taxes that may be due and owing to the BOROUGH.
SECTION 25. Property Damage
The PERMITTEE shall be liable for damage to any borough-owned property resulting from their activities. Damages resulting from the activity shall be repaired or replaced by the PERMITTEE to the satisfaction of the BOROUGH.
SECTION 26. Cultural Resources
The PERMITTEE shall not disturb historic or prehistoric resources. Should historic or prehistoric sites or items be discovered on the property, or on the adjacent BOROUGH-owned land, the PERMITTEE shall notify the BOROUGH Cultural Resources Office as soon as possible at (907) 745-9859.
SECTION 27. Suitablity
The BOROUGH does not represent or guarantee the safety, suitability, or condition of the property.
SECTION 28. Supervision
The PERMITTEE shall maintain adequate supervision to insure that the terms and conditions of this permit and applicable federal, state and borough laws, rules, and regulations are followed.
SECTION 29. Modificaitons
The parties may mutually agree to modify the terms of the permit. All modifications to the permit shall be incorporated by written amendments to this permit executed by both parties.
SECTION 30. Jurisdiction; Choice of Law
Any civil action arising from this permit shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Palmer. The law of the state of Alaska shall govern the rights and obligations of the parties.
SECTION 31. Non-Waiver
The failure of the BOROUGH to enforce a provision of this permit does not constitute a waiver of the provisions, nor affect the validity of this permit or any part thereof, or the right of the BOROUGH to enforce each.
SECTION 32. Titles
The titles of the sections in this permit are for identification purposes; they are not to be interpreted as limitations on the terms of the permit.
SECTION 33. Force Majeure
Any failure to perform by either party due to force majeure shall not be deemed a violation or breach hereof. Forces majeure include any interruption, suspension, or interference with the project caused by acts of God, acts of the public enemy, wars, blockades, insurrections, riots, and similar occurrences.
SECTION 34. Permit Administration
A. The borough manager or designee will be the representative of the BOROUGH administering this permit.
B. The PERMITTEE’S activities shall be administered, supervised, and directed by the PERMITTEE. In the event the individual named is unable to serve for any reason, the PERMITTEE shall appoint a successor in interest subject to a written approval of the BOROUGH.
SECTION 35. Severablity
If a court of competent jurisdiction holds any section or clause of this permit invalid, or is otherwise invalid under the law, the remainder of the permit shall remain in full force and effect.
SECTION 36. Integration
This permit and all appendices and amendments hereto embody the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this permit shall supersede all previous communications, representations, or agreements, either oral or written, between the parties.
SECTION 37. Notices
All notices shall be sent to both parties as follows:
Land Management Division
350 East Dahlia Avenue Palmer, AK 99645
ALASKA SAILING CLUB, INC Attn: TL Stanbro
Anchorage, AK 99509-2554
SECTION 38. Constuction
The PERMITTEE acknowledges that the PERMITTTEE has read the terms of this permit, understands their terms of this permit, and has had the opportunity to review the same with counsel of his/her choice, and is executing this permit of their own free will.
IN WITNESS, WHEREOF, the parties hereto have set their hands the day stated in the acknowledgements below.
ALASKA SAILING CLUB, INC:
John M. Mosely