SEASONAL NON COMMERCIAL
USE PERMIT APPLICATION FOR USE OF SELDOVIA NATIVE ASSOCIATION
CORPORATE LANDS
1. FEE. The applicant shall pay the assigned
for the specified use circled above. The party hereto expressly
agree that the access fee stated herein is solely for purposes
of reimbursing SNA for its administrative and other costs caused
hereby and is not a rental or lease fee constituting compensation
for the use or occupancy of the lands.
2. ENVIRONMENTAL PROTECTION, Applicant
to use utmost care to avoid to the greatest extent possible
any risks of ecological, environmental, or other damage or disturbance
to corporate lands, resources or appurtenant property and waterways.
In particular, applicant agrees to remove all equipment and
waste of all description at the termination of the permit, including
but not limited to: tent frames, net racks, trash, debris and
human wastes. Applicant agrees to compensate SNA for any damages
to corporate lands, resources or appurtenant property or waterways
caused or contributed to by applicant or those in applicant's
party. Applicant agrees that officers or manager employees of
SNA may inspect applicant's permit and Permitted Site at any
time to assure compliance with the conditions set forth in this
document. Applicant agrees to cooperate fully with any such
officers or employees.
3. RESPONSIBILITIES for injury, the Applicant
understands that SNA's lands are largely undeveloped and are
not patrolled and that applicant and applicant's party may be
subject to a wide variety of known and unknown hazards. Applicant
on Applicant's own behalf, hereby agrees to defend, indemnity,
and forever hold harmless to SNA for any personal injuries Or
property damage of what-ever nature suffered by Applicant or
members of Applicant's party while on or near corporate lands
or appurtenant-property or water-ways, and for any personal
injuries or property damages caused or contributed to by the
applicants or members of Applicant's party. Such indemnity shall
extend without limitation, to all judgements, settlements, penalties,
damages, assessments, costs and/or attorney's fees, which might
otherwise be directed or assessed against, charged to, or paid
by SNA. No trees, timber or live vegetation shall be cut, damaged
or removed. All reasonable precautions shall be taken to prevent
forest and wild land fires. Applicant shall make every effort
to suppress any fire which the Applicant observes, and shall
report it as soon as possible to the Authorities, and SNA.
4. Disclaimer of interest in land. Applicant,
on Applicant's behalf and on behalf of all in Applicant's party,
hereby waives and disclaims any right, title, interest, of any
kind whatsoever in SNA lands, resources or appurtenant- property
or waterways other than rights explicitly granted by a duly
approved permit or other duly executed and delivered corporate
documents.
5. CODES OF CONDUCT. Applicant, on applicant's
own behalf, and on behalf of all in applicant's party, agrees
that all members of Applicant's party' shall conduct themselves
in a law-abiding fashion, shall avoid rowdy, threatening or
boisterous behavior, and shall respect the person, property
and traditional Customs of local residents, and abide by any
applicable regulations now or hereafter adopted by SNA.
6. DISPUTES REGARDING SITE OR AREA LOCATION.
If at anytime during the term of the permit a dispute arises
between Applicant and any other person regarding Site or area
location, Applicant will abide by any applicable regulations
now or hereafter adopted by SNA. Seldovia Native Association
reserves the right to make any future changes without any liability
whatsoever on Corporation lands and policy's as to usage, trespass,
and permitting. This permit is only to access unimproved lands
any trespass on improved lands or lands where commercial activities
are evident, past and present is not allowed and will be considered
a trespass violation.
7. TERMINATION OF PERMIT. Applicant agrees
that its permit, if granted, may be terminated at a time by
SNA in its sole desecration and without liability to applicant
with or without causes. In the event that anyone in applicant's
party breaches any provision set forth herein, and in the sole
opinion of SNA, such breach is not serious, Applicant may be
accorded an opportunity to cure the breach, including payment
of any costs or damages resulting from or associated with such
breach. On termination for breach Applicant shall forfeit the
permit fee as liquidation damages, because of the difficulty
acknowledged by Applicant of determining actual damages. SNA
is not precluded, however, from seeking actual damages, or seeking
any other additional legal or equitable remedies available under
the law or this document
8. COMPLETE AGREEMENT. Once signed by the
Applicant and approved by SNA, this document shall be considered
permit and the entire agreement of the parties and shall supersede
all prior or contemporaneous oral agreement. Any modification
must be in writing and signed by both parties to be effective.
Applicant certifies that he/she has read and is familiar with
the above conditions, that all activities will be performed
in the strict compliance with said conditions, and that any
invitee of applicant will be informed of and shall agree to
be bound by these conditions and related regulations now or
hereafter adopted by SNA.
9. POST USE INTERVIEW. The applicant agrees
that he (she) will notify SNA of any damage, misuse, sightings,
observations of game, bark beetle damage, or any other information
to ascertain the condition, stock, and use of Corporation lands.
10. INDEMNIFICATION AND RELEASE The Applicant
releases SNA and its assigns or successors in interest from,
and will at all times fully protect, defend, indemnify and save
SNA, and its assigns or successors in interest, harmless from
and against any and all actions, claims, losses, and expenses,
including attorney's fees. Suits, liabilities, property' damage,
or personal injury of any kind resulting from or arising out
of or incident at or in connection with any act or omission
by Applicant, its agents, employees, contractors or invitees
resulting from or arising out of or incident at or for the Lands,
or the exercise of any of the privileges herein granted. Applicant
hereby acknowledges the application to the Lands and Applicant's
use of the lands the provisions of AS 09.65.200, which provides
that SNA as landowner is not liable in tort of damages for the
injury to or death of a person who enter onto or remains on
the unimproved portion of the Lands.
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the permit application
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