1988-01 Land Lease Agreement with State of Alaska Fish and Game Division of Fisheries Rehabilitation, Enhancement, and DevelopmentKODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
LEASE AGREEMENT
This lease agreement made on the day, month and year last
herein specified, by and between the Kodiak Island Borough,
a municipal corporation existing under the laws of the State
of Alaska, hereinafter "KIB", and the State of Alaska,
Department of Fish and Game, Division of Fisheries
Rehabilitation, Enhancement and Development (FRED),
hereinafter "TENANT", was authorized by the Borough Assembly
at the regular meeting on March 7, 1988 based on the
recommendations and conditions of approval of the Planning
and zoning Commission as adopted by Assembly Resolution No.
88-14-R made a part hereof.
For and in consideration of the mutual convenants and
agreements hereinafter stated, the KIB does hereby agree to
lease to TENANT the real property described below on the
following terms, covenants, and conditions.
1. Pry. The real property to be leased is legally
described as follows:
A parcel of land located within the NW 1/4 SW 1/4
N SW 1/4 if Section 30, Township 27 South, Range 19
West Seward Meridian.
as depicted in Appendix A attached and made a part hereof.
TENANT shall prepare and provide a survey and plat of the
site according to the standards required under Title 15,
Kodiak Island Borough Code. The survey and plat shall show
all existing roads, powerlines, waterlines, watercourses,
and waterbodies, and shall constitute the actual legal
description of the leased premises upon completion.
2. Term. TENANT shall be entitled to possession of the
demised real property for a term of twenty-five (25) years
commencing on July 1, 1988 and ending at midnight on June
30 2013,,or unless sooner terminated as provided herein.
3. Rental. TENANT shall pay to KIB the sum of one dollar
($1.00) on or before June 1, of each year during the term
hereof. The rent may be prepaid in full at the time of the
signing of the lease.
4. Land Use. The real property leased shall only be used
for fish hatchery purposes and related activities. No
residential structures other than those required by the
TENANT and his employees are permitted. No additional
KIB/ADF&G Land Lease -2-
structures are to be erected without written permission of
the KIB.
5. Maintenance of Premises. TENANT shall, at all times,
keep and maintain the entire premises in good repair and in
a neat, orderly and sightly condition. TENANT shall provide
proper road maintenance to the bunkhouse and fish hatchery
sites. TENANT shall not cause or permit any litter, debris,
scrap or other materials not having a recognized commercial
value, or usable by TENANT in his business, including
garbage, to be accumulated or stored upon the leased
premises. TENANT agrees not to store any items on the
leased premises which do not belong to it. Any abandoned
vehicles present on the property shall be removed by the
TENANT not later than ten (10) days after termination of
this lease.
6. Mineral Rights. No mineral rights accrue to the TENANT
by the operation of this lease.
7. Right -of -Way. TENANT agrees that the City of Kodiak
shall at all times have access to City reservoirs, pumps,
waterlines and future City property on or near the leased
property. KIB expressly reserves the right to grant
easements or rights-of-way across the land herein leased if
it is determined to be in the best interest of the KIB to do
so, and if it is not detrimental or inconsistent with the
r
TENANT Is use. TENANT shall be compensated for all
improvements which are damaged or destroyed as a result of
such easements or rights-of-way.
8. Waste. TENANT shall not commit waste or injury upon
the real property leased herein.
9. Laws and Regulations. TENANT shall abide by all
federal, state and local laws and regulations including the
provisions of the Kodiak Island Borough code dealing with
Buildings (Title 15), Subdivisions (Title 17), and Borough
Real Property (Title 18). TENANT shall acquire all
necessary permits prior to development of the site.
10. Tnspectign. KIB, through authorized employees, may
inspect the leased premises at any reasonable time.
11. Subleasing. TENANT shall not sublease all or any
portion of the real property herein demised without first
obtaining the written consent of the KIB; provided, however,
that TENANT may contract for the operation or cooperative
operation of the fish hatchery if authorized by law.
12. Assignment. TENANT shall not assign this lease or the
real property, or portion thereof, herein demised.
KIB/ADF&G Land Lease -3-
13. Modification. This lease may not be modified orally or
in any manner other than by an agreement in writing signed
by both of the parties hereto.
14. Termination --.and Cancellation. This lease may be
cancelled, in whole or in part, under one or more of the
following conditions:
A. While in good standing by the mutual agreement in
writing of both parties hereto;
B. If issued in error with respect to material fact;
C. If the leased premises are being used for any
unlawful purposes; or
D. If the TENANT is in default for more than thirty
(30) days as provided in section 16 following;
E. If operational funds are not appropriated for this
site by the State of Alaska, TENANT may terminate lease
by giving KIB not less than thirty (30) days notice.
This lease shall terminate automatically if the leased
premises are sold at a KIB land sale or if the construction
of improvements necessary for a fish hatchery has not
commenced by January 1, 1992.
15. Default. If the TENANT should default in the
performance of any of the terms, covenants or stipulations
herein contained, or violate any of the regulations or
ordinances of the Borough, and said default shall not be
remedied within thirty (30) days after written notice of
such default has been served upon the TENANT by the KIB, the
TENANT shall be subject to such legal action as the KIB
shall deem appropriate, including, the right of KIB to
immediately reenter and repossess the property with or
without judicial process, and TENANT covenants and warrants
that upon demand TENANT will surrender and deliver quiet
possession of the premises to KIS. No improvement may be
removed by the TENANT during any period in which this lease
is in default. In the event that this lease shall be
terminated because of a breach of any of the terms,
covenants or stipulations contained herein, the improvements
made by the TENANT shall be retained by KIB as liquidated
damages.
16. Notice. Any notice or demand which must be given or
made by the parties hereto shall be in writing and shall be
completed by sending such notice or demand by certified mail
`°to the address which follows:
KIB/ADF&G Lease -q-
Borough Mayor
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Department of Fish and Game
FRED Division
211 Mission Road
Kodiak, Alaska 99615
17. Surrender of Prem s s. Upon the expiration,
termination or cancellation of this lease, unless the same
has been reinstated, the TENANT shall quietly and peaceably
leave, surrender and yield up to the KIB, all of the leased
land on the date of expiration, termination or cancellation.
TENANT agrees to remove all improvements from the lease
premises upon the expiration, termination, or cancellation
of this lease, to reseed the property and to return it to a
natural state.
18. Non -Waiver. The receipt of rent by the KIB, with or
without knowledge of any breach of the lease by the TENANT,
or any default on the part of the TENANT in observance or
performance of any of the conditions or covenants of this
lease, shall not be deemed to be a waiver of any provision
of this lease. No failure on the part of the KIB to enforce
any covenant or provisions herein contained, nor any waiver
of any right hereunder by the KIB, unless in writing, shall
discharge or invalidate such terms or covenants or affect
the right of the KIB to enforce the same in the event o any
subsequent breach or default. 4�W��01�k
19. Hold Harmless. The KIB and TENANT shallAbe resp nsible
for its own acts or omissions (and those of its officers,
agents, and employees); and each party to this lease agrees
to indemnify, defend and save harmless the other, to the
maximum allowable under Alaska law, from any claim or
liability (of whatever kind, including attorney fees) for
damages to property or injury to persons occasioned by each
party's own acts or omissions in connection with the use and
occupancy of the premises described in this lease.
The parties agree to notify each other of any claim, demand,
or lawsuit arising out of or affecting the TENANT's
occupation or use of the premises. Both parties will fully
cooperate in the investigation and litigation of any claim,
demand, or lawsuit affecting the premises.
20. Sev rabilitY. If any clause or provision herein
contained shall be adjudged to be invalid by a court of
competent jurisdiction, it shall not affect the validity of
any other clause or provision of this lease, or constitute
J.
KIB/ADF&G Lease -5-
any cause of action in favor of either party as against the
other.
AGREED TO THIS day of 11.4 , 1988 at Kodiak,
Alaska.
KODIAK ISLAND BOROUGH
B. M
Jerome m. elby
Borou or
TENANT
b �6
By:
Earnest R. Greek
Contracts Supervisor
Alaska Department of Fish and Game
�`ADF&G Land Lease
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the h day of ,
1988, before me the undersigned, a Notary Public innd for
the State of Alaska, duly commissioned and sworn as such,
personally appeared LINDA FREED, to me known to be the Acting
Mayor of the Kodiak Island Borough, a municipal corporation,
and known to me to be the person who executed the within
instrument on behalf of the corporation herein named, and
acknowledged to me that he executed the same as a free act
and deed of the said corporation for the uses and purposes
therein stated.
WITNESS my hand and notarial seal the day and year
first above written. ,1
No ary c in && for Al ska
My commi ion expires: 114-0
STATE OF ALASKA
commissionedTHIS IS TO CERTIFY that on the _ day of I
1988, before me the undersigned, a Notary Public in and for
the State of Alaska, duly and sworn as such,
personallyappeared
DepartmentContract Supervisor for the Alaska
Game, and who executed - foregoing instrument;
acknowledged to me that he executed the same as a free act
and deed of the Alaska Department of Fish and Game, a
department of the State of Alaska.
WITNESS my hand and notarial seal the day and year
first above written.
Notary blic in and for Alaska
My commission expires: Ilia D�q
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FISH HATCHERY LEASE
FRED DIVISION
ALASKA DEPT. FISH AND GAME
APPENDIX 'A'