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HomeMy WebLinkAbout6 - Land Use PermitsCHUGACH ALASKA CORPORATION Land & Resources Department 3800 Centerpoint Drive, Suite 601 Anchorage, Alaska 99503 (907) 563-8866 LAND USE PERMIT NO.24-09-01 PERMISSION IS HEREBY GIVEN on this Zr4 day of , 2009, to COPPER VALLEY ELECTRIC ASSOCIATION INC., P.O. Box 45, Glennallen, AK 99588 (he after referred to as "Permittee"), to enter upon certain lands as described in paragraph 1 below (hereinafter "Subject Lands"), owned by CHUGACH ALASKA CORPORATION an Alaska Native Regional Corporation organized pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C.A. § 1601 et. sea., having its principal place of business at the address listed above (hereinafter "Owner"), for the purposes of installing and monitoring stream gauge(s) on the Duck River for hydroelectric potential study on portions of the Owners property known as the Silver Lake tract. SUBJECT LANDS. The lands subject to this permit are described as follows: On/along the Duck River, downstream from the outlet of Silver Lake, in the Copper River Meridian, TI IS, R7W, Section 6. See Attached Maps for more detailed description. 2. ACKNOWLEDGEMENT. Permittee acknowledges that it has no legal or equitable interest in the surface or subsurface estate of the Subject Lands or any portion thereof, and that the issuance of the permit does not create any interest other than the temporary rights of use specifically allowed by this permit. Permittee further acknowledges that no right or authority to enter upon lands other than those owned by Owner and described herein shall be conferred by this permit. Permittee takes this permit subject to the reservations, terms, and conditions of title held by Owner. 3. TERM. The term of this permit begins upon date of issuance and extends until its termination on December 31, 2012. 4. FEES. a. Permittee shall bear all expenses associated with activities under this permit. The permit fee is waived. 5. NON -EXCLUSIVITY. This permit does not grant or confer any exclusive rights to use the Subject Lands. The Owner reserves the right to permit any and all other uses on the Subject Lands which will not unreasonably interfere with the uses granted herein. 6. NON -TRANSFERABILITY AND NON -ASSIGNABILITY. This permit may not be transferred or assigned for any reason, without prior written consent of Owner, which may be denied. LAND USE PERMIT NO. 24-09-01 Page 1 of 4 7. AUTHORIZED USES. This permit authorizes Permittee and its invitees to establish stream gauge(s) and collect hydrology data from those gauges in support of Permittee's Silver Lake Hydroelectric study on portions of Owners land described in paragraph 1. Access to gauge locations will be by helicopter and foot. 8. PROHIBITED USES. The Permittee acknowledges that uses or activities other than those specifically authorized in paragraph 7 above are strictly prohibited. Permittee further acknowledges it will not use, tamper with, or disturb any existing improvements on Subject Lands unless specifically authorized herein and will not construct any permanent improvements of any kind. 9. LAWS AND REGULATIONS. Permittee, in exercising the privileges authorized herein, shall comply with all applicable state, federal, and local laws and regulations. 10. ENVIRONMENTAL PROTECTION AND SAFETY. a. The Permittee shall not cause or permit any hazardous materials to be brought upon, kept, or used in or about the Subject Lands by Permittee, its agents, employees, contractors, or invitees, without the prior written consent of Owner. Owner shall not unreasonably withhold consent as long as Permittee demonstrates to Owner's satisfaction that such hazardous material is necessary to Permittee's project and will be used, kept, and stored in a manner that complies with all laws regulating such hazardous materials brought upon or kept in or about the Subject Lands. If Permittee breaches the obligations stated in the preceding sentence, or if the presence of hazardous material on the Subject Lands caused or permitted by Permittee results in contamination of the Subject Lands, or if contamination of the Subject Lands by hazardous material otherwise occurs for which Permittee is legally liable to Owner for damage resulting therefrom, then Permittee shall indemnify, defend, and hold Owner harmless from any and all claims, damages, penalties or fines, which arise during or after the term of this Land Use Permit as a result of such contamination. This indemnification of Owner by Permittee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of hazardous material present in the soil or groundwater on or under the Subject Lands. If actions caused or permitted by Permittee results in any contamination of the Subject Lands, Permittee shall promptly take all actions at its sole expense as are necessary to return the Subject Lands to the condition existing prior to the introduction of any such hazardous materials to the Subject Lands; provided that Owner's approval of such action shall first be obtained. As used herein, the term "hazardous material" means any hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority, the State of Alaska, or the United States government. b. Permittee shall not cut, damage, or remove live timber or other vegetation. C. Permittee shall dispose of all refuse resulting from its use of the Subject Lands, including garbage and food of any kind, by carrying out all materials that are not used on Subject Lands. 11. PROTECTION OF ARCHAEOLOGICAL AND HISTORICAL RESOURCES. Permittee shall not tamper with, interfere with, or remove any artifacts which might be discovered during the course of Permittee's activities, which discovery shall be immediately reported to Owner. Upon discovery, all activities under this permit shall immediately cease until the site is investigated and mitigation measures are approved by the Owner. 12. SURVEY MONUMENTS. Permittee agrees not to disturb or destroy survey monuments and shall replace any and all monuments disturbed or destroyed during term of this Permit, unless Permittee can show that such destruction was the result of another's act or an act of God. 13. DAMAGES. Permittee shall exercise due diligence in protecting the Premises owned by the Owner from damages caused by activities under this permit. Permittee shall pay Owner for any damages resulting from activities conducted by Permittee, its agents, employees, or licensees, or Visitors. LAND USE PERMIT NO.24-09-01 Page 2 of 4 14. CONDITION OF SUBJECT LANDS NOT WARRANTED. The Owner does not warrant or represent that the Subject Lands are safe, healthful, or suitable for the purposes for which they are permitted to be used under the terms of this permit. Permittee assumes any and all risks presented by the condition of the Subject Lands, whether natural or improved. 15. INDEMNIFICATION. The Permittee will at all times fully protect, defend, indemnify, and hold harmless Owner, its assigns or successors -in -interest, from and against all actions, claims, losses, demands, suits, liabilities, property damage, or personal injury of any kind including costs and attorney fees, resulting from or arising out of or incident to or connected with any act or omission by the Permittee, its agents, employee, or licenses, or resulting from or arising out of or incident to or connection in any way with the Pennittee's use or occupancy of the Subject Lands, or the exercise of any of the privileges herein granted. 16. INSPECTIONS. Owner, by and through its officers, agents, employees and/or representatives, reserves the right to inspect the activities of Permittee at any time while on Subject Lands with or without advance notice. The presence or absence of the Owner's inspector shall not release the Permittee of any liability as specified herein. At the Owner's discretion, any or all of the Owner's costs associated with such inspections shall be collected from Permittee. 17. RELATIONSHIP OF PARTIES. Permittee exercises entire control over its activities, subject to the conditions established by this permit. No partnership, limited partnership, joint venture, agency, or employment is created between the parties. Permittee's business is separate and apart from the business operated by Owner. Permittee shall have no authority to act for Owner in any manner or to create any liability or obligation binding Owner. 18. ACCESS. Permittee agrees that its operation will not block or hinder Owner's access to Subject Lands or any adjacent lands owned by Owner. 19. DELIVERABLES. Permittee agrees to deliver copies of all reports generated from this program to Owner in a timely manner. Deliverables may be in digital or hardcopy form, as requested by Owner. 20. TERMINATION. This permit may be terminated upon the breach of any of the terms and conditions herein. Such termination shall become effective immediately upon written or oral notice by Owner of breach unless breach's condition is rectified within 24 hours. Failure by owner to notify Permittee of a breach shall not constitute a waiver of the provision or provisions breached for future action. 21. ENTIRETY OF AGREEMENT. This Land Use Permit represents the entirety of the agreement between the parties with respect to the Permittee's use of the Subject Lands, and any changes or modifications must be in writing to be effective. OWNER: PERMITTEE: C14UGACH ALASKA CORPORATION COPPER VALLEY ELECTRIC ASSOCIATION, INC. c By: By: Robert A. Wilkinson Its: Pl..n.�,,c�/ Ll •o-�.�0�e�.rc5 Its: �G a LAND USE PERMIT NO.24-09-01 Page 3 of 4 ro � Y ( z I Im 9 Ea THE TATITLEK CORPORATION 561 E. 36" Ave Anchorage, AK 99503 LAND USE PERMIT (RECREATION) - SHORT FORM NO.09-08 PERMISSION IS HEREBY GRANTED Copper Valley Electrical Association, Inc. Hereinafter referred to as the "Permittee," to enter upon certain lands, as specified below, held by The T atitlek Corporation, a corporation organized and existing under the law of the State of Alaska and 43 U.S.C.S. Section 1601 (1971), having its principal place of business at the address listed above, and hereinafter referred to as "TTC," for the purpose of: 1. Definitions: The term "Permittee" shall refer to the person whose name appears above and shall include up to 4 persons accompanying Permittee on the subject lands. 2. Subject Lands: T11S, RM Sections 1, 2, 11 & 12, Copper River Meridian, AK No right or authority to enter upon and use lands other section than those owned by TTC specifically identified herein shall be conferred by this permit. 3. Term: The term of this permit shall begin on August 13, 2009._and shall terminate automatically on December 31, 2009. 4. Fee: . No fee 5. Environmental Protection: No uses or activities other than those which are directly related to those authorized above are allowed. Permittee, in exercising the privileges authorized by this permit, shall comply with all applicable local state, and federal laws and regulations. Permitee shall not disturb the land, other than catch and clean fish, and otherwise leave the land in its original condition. Permittee shall dispose of all refuse resulting from its use of the subject lands, including waste materials, garbage, and food of all kinds, by carrying out all materials not consumed on subject lands. No standing or live timber shall be cut, damaged or removed in any way. No buildings, structures, or permanent improvements of any kind shall be constructed under this authority. Permittee shall not tamper with or interfere with any artifacts which might be discovered during the course of his activities. Discovery of artifacts must be immediately reported to TTC. Permittee shall take all reasonable precautions to prevent forest or wild land fires, make every diligent effort to suppress any out -of -control fire and report it to the appropriate officials of the Alaska Division of Forestry and TTC. LAND USE PERMIT- SHORT FORM NO.09-08 RECREATION PAGE 2 6. Use of The Site: Conduct studies to establish the feasibility of a hydro power vroiect includin = but not limited to the installation of stream a es. TTC does not warrant or represent the premises are safe, healthful, or suitable for the purposes for which they are permitted to be used under the terms of this permit. Permittee understands that the subject lands are sparsely developed and may, in fact, include finished, partially finished, unfinished and/or un-maintained improvements including but not limited to cabins, trails and airstrips, that could present potential hazard. Permittee also agrees and understands that the very nature of back country travel has its own inherent risks, and that unanticipated and unexpected dangers may arise during his activities on the subject lands. Permittee expressly assumes all risks of injury or death sustained in connection with his stay on subject lands. 7. indemnification: The Permittee will at all times fully protect, defend, indemnify and save TTC, its assigns or successors in interest, harmless from and against all actions, claims, losses, expenses, including attorneys' fees, suits, resulting from or arising out of or incident to or in connection with any act or omission by the Permittee, or anyone accompanying the permittee, resulting from or arising out of or incident to or connected in any way with the Permittee's use or occupancy of the facilities and lands subject to the Permit, or the exercise of any of the privileges herein granted. 8. Termination: In the event that Permittee violates any provision of this permit, TTC may immediately cancel all rights of entry granted herein, upon verbal or written notice. I HAVE READ AND UNDERSTAND THE FOREGOING LAND USE PERMIT. IN WITNESS WHEREOF, I HAVE EXECUTED THIS PERMIT AND RELEASE ,1 Date) PERMITTEE Robert A. Wilkinson CEO Copper Valley Electric Association, Inc. P.O. Box 45 Glennallen, AK 99588 (907) 822-3211 By' T1IE TATITLEK CORPORATION DATE