FY2017-04 A-B Lease agreement with The American National Red CrossMay 17, 2023
Joseph D. Ward
American Red Cross
Real Estate Services
431 18th Street NW
Washington, DC 20006
Via email: Grace.Fennessy@redcross.org
KIB 20I7 -04B
Kodiak Island Borough
OFFICE of the MANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9303 Fax (907) 486-9390
E-mail: mchristiansen@kodiakak.us
RE: Option to Extend Lease Agreement
Mr. Ward,
The Kodiak Island Borough (KIB) is in receipt of your request as tenant to exercise the option to
extend the term of the lease of the premises located at 610 Mill Bay Road in accordance with the
lease document, KIB Contract 2017-04.
KIB, as landlord, hereby extends the Term of this lease as follows:
Period Rate
July 1, 2023 — June 30, 2025 $598.00 per month
All other terms and conditions of the lease remain unchanged.
Thank you for the timely notification of the intent to exercise the option to extend the lease.
Best Regards,
awj'�_ V41,A-dow
Aimee Williams
Manager
American
Red Cross
DELIVERED VIA FEDEX
March 30, 2023
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Attn: Michael Powers, Borough Manager
(907) 486-9301
mpowers@kodiakak.us
National Headquarters
431 18th Street, NW
Washington, QC 20006
Notice to Renew for Lease Agreement (the "Lease") dated July 1, 2016 by and between
The American National Red Cross ("Tenant") and The Kodiak Island Borough,
("Landlord") for the Premises located 610 Mill Bay Road, Kodiak, AK 99615 (the
"Premises").
To Whom it May Concern:
Tenant hereby gives notice to Landlord that Tenant exercises its right to extend the
Term of the Lease per Section 2 of the Lease. The rent for the Extension Term
commencing July 1, 2023 and expiring June 30, 2025 shall be paid in accordance with the
following rent schedule:
Period Annual Fixed Rent Monthly Fixed Rent
July 1, 2023 - June 30, 2025 $7,176.00 $595.00
If you have any questions, Grace Fennessy can be reached via phone at 443-465-2622 or
by email at Grace.Fennessy@redcross.org.
Thank you for your support of The American National Red Cross.
Regards,
oseph D. Ward
Executive Director, Real Estate Services
Phone: (440) 487-4492
q114>3om.
American
Red Cross
DELIVERED VIA FEDEX
April 22, 2021
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Attn: Michael Powers
�[)nfiVO,d- 2N T-D4� &Cob i c)n
National Headquarters
431 1P Street, NW
Washington, DC 20006
Notice to Renew for Lease Agreement (the "Lease") dated July 1, 2016 by and between
The American National Red Cross ("Tenant") and The Kodiak Island Borough,
("Landlord") for the Premises located 610 Mill Bay Road, Kodiak, AK 99615 (the
"Premises").
To Whom it May Concern:
Tenant hereby gives notice to Landlord that Tenant exercises its right to extend the
Term of the Lease per Section 2 of the Lease.
The rent for the Extension Tenn commencing July 1, 2021 and expiring June 30, 2023
shall be paid in accordance with the following rent schedule:
Period Annual Fixed Rent Monthly Fixed Rent
July 1, 2021 - June 30, 2023 $7,176.00 $598.00
If you have any questions, Grace Fennessy can be reached via phone at 443-465-2622 or
by email at Grace.Fennessy@redcross.org.
Thank you for your support of The American National Red Cross.
Regards,
(; e�-
oseph D. Ward
Executive Director, Real Estate Services
Phone: (44 87-4492
�o�oJ1n Mcu�apJ-�
rPX"__p1F,1X "Z-- _861p)
THIS LEASE AGREEMENT is made this first day of July, 2016 and between THE
KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska,
hereinafter called Landlord, and The American National Red Cross, a nonprofit corporation, a
Federally chartered instrumentality of the United States, and a body corporate and politic under the
laws of the United States (36 U.S.C., 300101-300111), hereinafter called Tenant.
For and in consideration of the covenants, rents and demises, and upon the terms and
conditions hereinafter set forth, the parties agree as follows:
I . Premises. Landlord, for and in consideration of the rents, covenants and conditions
hereinafter specified to be paid, performed and observed by Tenant, does herebylease and
demise to Tenant the improved real estate particularly described as follows:
Certain office space of approximately two hundred and eighty -rive (285) square feet
consisting principally of one office, miscellaneous storage closets and a proportional share
of f common space consisting of an additional two hundred thirteen and
t h i rt y- fo u r h u n d re d th s (213.3 4) square feet for a total of four hundred n i nety-eight and
thirty-four hundredths (498.34) square feet in the Borough Annex Building located at 610
Mill Bay Road including the parking area associated with the building located on the
following described real property:
Lot Seven B One (7B-1 A), USS 2538 A, Kodiak Recording District, Third Judici
District, State of Alaska (Plot 2012-14). 1
Tenant, upon paying the rents, and performing all of the terms and covenants on this part to
be performed, shall peaceably and quietly enjoy the ]eased premises subject nevertheless, to the
terms of this lease, and to any deed of trust or mortgage to which this lease is subordinated.
2. Term of Lease. The term of the lease shall he for the period of five ..
following the commencement of the term, unless sooner terminated as hereinafter provided. The
term of the lease shall commence on July 1, 2016, and shall expire at 5:OOP.M., Alaska Standard
Time on June 30,2021. In the event the foregoing commencement provision results in a
commencement date other than on the first day of a calendar monflt, the rent shall be immediately
paid for such initial fractional month prorated on the basis of a thirty (30) day month. Tenant shall
on the same terms and conditions. Tenant may exercise this option by providing written
notification to Landlord at least sixty (60) days prior to the effective date of termination of this
Lease Agreement or any extension thereof.
3. Termination of Lease. Both parties have the right to terminate this lease with ninety
(90) days written notification.
16. Notices. Any and all notices required or permitted under this lease, unless otherwisi
specified in writing by the party whose address is changed, shall be mailed, certified or registered
or delivered, to the followingaddresses:
1
LANDLORD:
Kodiak Island Borough
10 Bay R#:t'.
Kodiak,99615
.. 1
AA,
Director,LeaseAdministration
9450 Drive,8
Beaverton, OR 97008-7105 1
Real.Estate@,redcross.org
And for 1 legalnoticet • 1 to:
CounselOffice of the General
AmericanThe •1 iIII Cross
2025 E Street,
Washington, DC 20006
Real Estate Counse:
to:
The Premises
III is 1 U# 1
17. Costs Up2n Default. In the event eitherpartybe in
performance 1anyofitsobligations i;` or an actionbrought 1
enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor,
including 1 !attorney's
In the event either party shall without faulton partbemade a partyisany litigation
commenced i1 + other,otherpartypay all costs1ireasonable
attorney's fees incurred or paid by such party in connection with such litigation.
18. Ripbts 1Remedies. Except1far as this is inconsistent with or contraryto any
provision of this lease, no right or remedy herein conferred upon or reserved to Landlord is
intended to be exclusive of any other right or remedy, and each and every right and remedy shall
be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter
existing at law or in equity or by statute.
19. Waiver and Forbearance. Except to the extent that Landlord may have otherwise
agreedin writing, 1waiverFLandlord 1 : breach1TenantAany-•itsobligations,
agreements 1 covenants hereunder
shall be deemed to be a waiver of any subsequent breach of
the same or anyother • "x or obligation.Nor shall anyforbearance1Landlord
to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or
remedies with respect to such breach.
2A'. Insoction Landlord shall at all reasonable times during TenanVs business hours
have access to the premises for the purpose of inspection. Landlord shall also be entitled to put
t1to lease" or "for lease" signs in and about the leased premises, and to show the leased premises
to prospective tenants, during the last sixty (60) days of the lease term and any extended term,
and during any period of time after Landlord has given Tenant a notice of intention to terminate
under paragraph 15 of this lease.
J) Pb*1 W I I I
22. Successors in lntgre§t. This least shall be binding upon and inure to the benefit of
the respective heirs, successors and assigns of I hereto.
23. Holding Over. In the event that the Tenant holds over at or after the end of the
terin, the tenancy shall be needed a month-to-month tenancy commencing on the first day of the
holdover period.
24. Sips. Landlord shall provide one sign for the Tenant. Tenant agrees that an
other sign or signs installed on the demised premises shall be with the consent of the Landloir.
25. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At
the request of either Landlord or Tenant, the parties shall execute a memorandum lease for
recording purposes in lieu of recording this lease, in such form as may be satisfactory to their
respective attomeys.
26, EstoRpSl Certcates. Tenant shall, at any time and from time to time upon not
less than fifteen (IS) days' prior request by Landlord execute, acknowledge and deliver to
Landlord a statement in writing certng that this lease is in full force and effect and unmoded
(or in full force and effect and moded and stating the modcations), the dates to which the
rent(s) and any other charges have been paid in advance, the date Tenant entered into occupancy
of the leased premises and the date the lease term expires, the nature and amount of any claims of
Tenant against Landlord arising as a result of this lease, and the existence and nature of any
defenses or offsets claimed by Tenant against enforcement of this lease by Landlord; it being
intended that any such statement delivered pursuant to this paragraph may be relied upon by any
prospective purchaser or encumbrancer (including assignees) of the premises. In the event Tenant
fails so to certify within such fifteen (15) day period, Tenant shall be deemed to have certified an4
admitted the accuracy of information submitted by Landlord in good faith to any prospective
purchaser or encumbrancer in respect to this lease.
27. Excuse for Nonnerformance. Either party hereto shall be excused from
performing any or all of its obligations hereunder with respect to any repair and construction
work required under the terms of this lease for such times the performance of any such
obligation is prevented or delayed by an act of God, floods, explosion, the elements, war,
invasion, insurrection, riot, mob violence, sabotage, terrorist activity, inability to procure labor,
equipment� facties, materials or supplies in the open market, failure of transportation,
strikes, lockouts, action by labor tuiions, or laws or order of governmental agencies� or any
,ither cause whether similar or dissimilar to i• which is not within the reasonable
control of such party.
Page 8 of 10
29. Construction 9f I&Lm Ibis lease shall be governed by and construed in
accordance with the laws of the State of Alaska.
Words of genderfiin this lease shall mean andincludeanyother gender, 1 singular shall mean
requires.and include the plural and the plural the singular, where applicable, and when the sense
fi Condemnatiffln. If the Leased Premises be taken or condemned for public
purpose to such an extent as to render the Leased Premises un -tenantable, this Usse Agreement
shall, at the option of either party, cease and terminate as of the date when possession is taken. All
proceeds from K or condemnationofthe Leased Pmmises shall
belong 1and paid ►
Landlord, andTenant shall havenoright toanyportion oftheamount ► ' awarded or paid
Ii
the condemner personal to Tenant resulting from condemnation.
0. Suborclination and ►j f !s.p This lease 1 ► of
hereunderit shal I be 4 and subordinateto the lien of t of trust and every
f•
TenarA it others stated to be removable underparagraph p + of this lease), and to any andall
modifications, ns, replacements, extensions or ►st t_! f f of any such
mortgage or deed of trust 1 i' :.,, is
IN WITNESS WHEREOF,theparties have hereuntoset their handsandseals this firstday
of Y.
ff'Mhip E. Olsberg
0#1.,
=,1 •Frij
LANDLORD
THE Y-ODI&Y, jSLAVB-D8?ZKWiUGV
Borough Manager
W -SUITE 2
187 7 -MMM ft
Nifffilk
V=
Cross98 sq ft KITCHEN q
104 sq ft UTILITY
22 sq ft
Red
370 sq ft Red
Cross.
40
sqft
r
r Special
,
c
STORAGE
,
Teen Co (1 ) Red C ( I OVMI= (162 sq R)
Common ( )
Drafted by the Kodak Island Borough III W016
'
September 23, 2016
The American National Red Cross
Director, Lease Administration
9450 SW Gemini Drive, #75048
Beaverton, OR 97008-7105
Email: Real.Estate@redcros-.,..org
Kodiak Island Borough
Finance Department
7 10 IM Day Rold - Ko&ik, Abska 99615
Phone e)07) 486 ,9320 - Fax C)07) 486,,9392
ljsm� �!!dip
On September 15, 2016, the Borough Assembly passed a non-profit funding resolution which included
your organization. The amount of funding provided to your organization for the fiscal year July 2016
through June 2017 is $7,176.W This amount represents the annual rent paid for your space in the
Borough Annex building. Since you have been granted funding for the current year, and you have
already paid rent during this time, enclosed is a check for $1,196.00 -which represents the amount of rent
already paid.
Please be aware that non-profit funding is an annual decision and is Your
regular monthly rent payments of $598.00 to the Borough will resume for July 2017 in accordance with
the rental agreement.
Please contact us with any questions you have.
Dora Cross
Finance Director