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FY2013-18 Women's Bay Fire hall Lease AgreementLEASE AGREEMENT THIS LEASE AGREEMENT is made this first day of July 2012 by and between THE KO AK ISLAND BOROUGH., a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and Abigail Wellman an and Lace DuRant hereinafter called Tenant(s). For and in consideration of the covenants, gents and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: 1. Premises. Landlord, for and in consideration of the rents, covenants and conditions hereinafter specified to e paid, performed and observed by Tenant, does hereby let, lease and demise to Tenant the improved real estate particularly described as follows.- Certain residence space of a two bedroom apartment situated on the second floor of the Women' Bay Fire hail located at 538 Sargent Creek Drive on the following described real property: Lot 2, Block 2, Tr. A, Bells Flats Subdivision* Kodiak Recording District, TbIrd Judicial District, State of Alaska (Plat # 81-8)� 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 leased premises subject nevertheless, to the terms of this lease, and to any deed of tr st or mortgage to which this lease is subordinated. 2. Tenn of Lease. The term of the lease shah be for the period of twelve 12 months following the commencement of the term, unless sooner terminated as hereinafter provided. The term of the lease shall commence oD July 1, 2012, and shall expire at :00 .M., Alaska Standard Time on June 30, 2013. Upon agreement of both parties, the lease is renewable for a period of one 1 year (until June 30, 2014). In the event the foregoing commencement provision results in a commencement date other than on the first day of a calendar month, the rent shall be i=ediate y paid for such initial fractional month prorated on the basis of a thirty 0 day month. This provision can be waived at the request of the tenant to the Wome s Bay Fire Protection District representative. Unless of erwise provided in Section 31 (Military Clause), the lease can be sooner terminated upon sixty days notice to Landlord provided that the notice period allows time for removal of all Tenant's nt' personal belongings, exit inspection, clean-up and/or repair necessitated by t'enant's occupancy) and preoccupancy. If the vacancy extends beyond the term specified in the -day notice, Tenant will pay prorated rent daily until the Premises is reoccupied. Upon expiration of this lease, tenant may continije to occupy the premises on a rnont -to- month basis if granted approval by the Women's Bay Fire protection Distract board no later than thirty days prior to the lease expiration. I Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for said pr wises 'age o I I hereinaoe described the stern of Eleven hundred dollars ($1,100.00) in advance, on or before the first day of each month of the lease term. All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the Landlord at 710 Mill Bay load, Kodiak, .Alaska 99615, or at such other place as Landlord may designate from time to time in writing. 4. Alteration of Premises. `tenant shall not make any alterations, additions, or improvements in or to the leased premises without first obtaining the written consent of Landlord. Any such alterations, additions and improvements consented to by Landlord shall he made at Tenant's expense. Tenants shall secure all governmental permits required in connection with such work, and shall hold Landlord harness from all liability and liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliance and equipment which do not t>ecome attached to the building, shall immedi In the event Tenant (s) use of the leased premises causes an increase in Landlord's fire or hazard insurance premiums; Tenants shall reimburse Landlord for the amount of such increase. 6. Utilities. Landlord shall furnish, at its expense, the following utilities and services for normal office use of the leased prerm' to any person or to any property of Tenant (s) or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or sewerage in any part of said leased prerr*s s, the building, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the occupancy, construction, operation or use of any of said leased premises, Building, machinery, apparatus or equipment ent try any person or by or from the ants or negligence of any occupant of the prernies, unless Landlord itself Is negligent. Tenant (s) shall keep premises In a clean and sanitary condition. Tenant(s) shall assure all cost of extermination and fumigation for infestation, caused by him. Tenant(s) shall childproof /animal proof the dwelling and yard. 'e ants shall mow and water the grass and lawn, and keep the grass, lawn, flowers, and shrubbery thereon in good order and condition, and keep the sidewalk surrounding of said premises free and clear of all obstruction; to use precaution against freezing of water and waste pipes ad stoppage of sane in and about said premises. 8. Fire and other Casualty. Should the leased premises be damaged by fire or other casualty, and if the damage i (30) days frorn the date of such notice, as if that date had been originally fixed as the expiration date of the tern herein leased. Tenants and Landlord hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage and endorsements thereto; provided, however, that this paragraph shall be inapplicable if it would have the effect, but only to the extent that it would have the effect, of invalidating ay insurance coverage of Landlord or Tenant(s). Restoration or repair work conducted in the common areas, in areas of the building unleased, or leased to other tenants, or the 'noise or interference ar'sing therefrom, shall not be deemed an eviction of Tenants, or a breach of this lease, but Tenant(s), or a breach of this lease but Tenant (s) obligation to pay rent shall be mated during such period of time as Tenant(s) is unable to conduct business at the leased prenses by reason o actual physical interference with use of the leased premises as a result of such restoration or repair work. 9. Sbttin and ,ssi neat. Tenants) shall not sublet the leased prenss, or any part hereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Landlord to such subletting or assigning- any such assignment or sublease without Landlord' written consent shall be void. If Tenant(s) is a corporation, any merger, consolidation, or dissolution to which it is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this lease for purposes of this paragraph. 10. Indemnification. Tenant(s) agrees to protect, defend, indemnify and sage harness Landlord from and against any and all claims no matter how rneritless demands, and causes of action of any nature whatsoever, and any expenses incident to defense of and by Landlord therefrom, for injury to or death of persons or loss of or damage to property occurring on the leased premises, or in any manner arising out of Tenant use and occupation of said premises, or the condition thereof, during the tern of this lease. Tenant(s) shall procure a nd maintain renter's insurance coverage. Said renter's insurance shall include liability coverage of one hundred thousand dollars ($100,000.00) to protect tenant and landlord for any potential loss and/or lawsuits. Such policy or policies shall be written by a responsible insurance company or companies satisfactory to Landlord. Upon the signing of this Agreement, certificates of insurance showing compliance with the foregoing requirements shall be furnished by Tenants to Landlord for approval. Certificates shah state that he policy or policies will not be canceled or altered without at least thirty days, prior written notice to Landlord. Maintenance of such insurance and the performance by Tenant(s) of the obligation under his paragraph shah not relieve Tenants of liability under this indemnity agreement. 11. Common Areas and Facilities. Landlord shall have the right to construct, maintain and operate lighting and other improvements on all said areas; to change the area, level, location and arrangement for common areas and other facilities and temporarily to close the common areas to effect such changes. All coMMon areas and facilities which Tenant (s) may be pernn tied to use and occupy are to be used aDd unoccupied under a revocable license, which shah not be unreasonably revoked, and if any such license be revoked or if the amount of such areas be changed or dirr nished, Landlord Pale 5 of shall not be subject to any liability nor shall Tenant(s) he entitled to any compensation or dinnt.ion or abatement of rent nor shall revocation or dirrnntion of such areas be deemed constructive or actual eviction. 12. Liens. Tenant(s) wiU not permit any rnechanics', laborers' or material men's liens to stand against the leased prernises or improvements for any labor materials furnished to Tenant(s) or claimed to have been Furnished to Tenant(s), or to Tenant(s) agents, contractors, or sublessee, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction of sufferance of Tenant(s); provided, however, Tenant(s) shall have the right to contest the validity or amount of any such lien or clammed lien. In the event of such contest, Tenant(s) shall give to Landlord such reasonable security as may he demanded by Landlord to insure payment of such lien or such claim of lien. Tenant(s) will immediately pay any judgment rendered with all proper costs and changes and shall have such lien released or j dgment. satisfied at Tenant(s) own expense. The foregoing provisions respecting liens shah apply to all Bens, of any kind or nature, asserted against the leased premises or improvements Lher on, including liens arising out of, incident to, or connected with the use and occupation of the leased premises by Tenant(s). 13. Default. If Tenant(s) at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings., in law in equity or before any ad n*nistradve t l nal, which have or Wight have the effect of preventing Tenant(s) from complying with the terns of this lease) shall: (a) Fail to make payment of any installment of rent or of any tither sum herein specified to be paid by Tenant(s), and Tenant(s) fails to cure such default within ten (10) days after such failure to make payment: or (b) Fail to observe or perform any of `errant( other covenants, agreements or obligations hereunder, and if within thirty days after Landlord shall have given to Tenant(s) written notice specifying such default or defaults, Tenant(s) shah not have commenced to cure such default and proceed diligently to cure the sane; or (c) If Ten ant(s) has filed a Petition under Chapter 11 of Bankruptcy Act, 11 0 - S - C 701 et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if Tenant(s) Finally and without further possibility to appeal or review.. (1) is adjudicated as bankrupt or insolvent; or (2) has a receiver appointed For all or substantially all of its business or assets on the ground of Tenant(s) insolvency; or (3) has itself appointed as a debtor -in- possession; or (4) has a trustee appointed for it after a petition has been filed for tenant's reorganization under the Bankruptcy Act of the United Mates known as the Chandler Act or any future law of the 'United Mates having the sane general purpose; or (5) if Tenant(s) shall make an assignment for the benefit of creditors, then in any such evert Landlord shah have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant(s) notice of Landlord's intention to terminate this lease and all Tenant() rights hereunder, on a date specified in such notice, which date shall not be less than ten i days after the slate of giving of such notice, and on the date specified in such notice, the tern of this lease and all rights granted 'errant() hereunder shall come to an end as Fully as if the lease teen expired by its own tens} and Tenant(s) hereby Pacr of I I covenants peaceable and quietly to yield up and surrender to Landlord said leased premises and all structures, buildings,, improvements and equipment located thereon, and to execute and deliver to Landlord such instr rnent or instruments as shall be required by Landlord as will properly evidence te.=*nation of Tenant(s) rights hereunder or its interest therein. In the event of termination of this lease as in this paragraph above provided, Landlord shall have the right to repossess the leased premises and such structures, buildings, improvements ents and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover all rents and other suns accrued up to the time of such tenmi ation, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the remises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. 14, Notices. Any and all notices required or permitted under this lease, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: LANDLORD: Kodiak Island Borough 10 Mill Bay Road Kodiak, Alaska a 99615 TENANTS AbigaIe Wellman Lace Du ant 538 Sargent Creek Road Apartment A► Kodiak, Alaska 996 Any such notices shall be deemed effective on the date of mailing or delivery. 15. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this lease or an action shall be brought for the enforcement tbereo, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney's fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attome ' fees incurred or paid by suet party in connection with such litigation, 16, Rights or Remedies. Except insofar as this is inconsistent with or contrary to 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. 17. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed writing, n waiver b Landlord of any breach by Tenant s of any of its obligations, in y agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant., agreement or obligation. Nor shall any forbearance by Landlord awe 7 of I I to seek a remedy for any breach of Tenant(s) be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 18. Inspection, Landlord shall at all reasonable times during Tenant (s) business hours have access to the prey .�ses for the purpose of inspection. Landlord shall also be entitled to put `�to lease" or "'for lease" signs In and about the leased premises, and to show the leased Premises to prospective tenants, during the last sixty days of the lease term and any extended term, and d rig any period of time after Landlord has given Tenant(s) a notice of intention to terminate under paragraph 15 of this lease. 19. Notices of Nonres onsiillt . Landlord may enter the demised prefises at any time for the purpose of posting notices of nonresponslbillty. 20. Successors in Interest. This lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 21. Holdina over. In the event that the Tenant(s) holds over at or after the end of the tern, the tenancy shall be needed a month-to-month tenacy commencing on the first day of the holdover period. 23. Memorandum of Lease. Tenant(s) agrees that Tenant will not record this lease. At the request of either Landlord or Tenant(s), 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 attorneys. 24. Estoppel Certificates. Tenant (s) shall, at any time and from time to time upon not less than fifteen 1 days" prior request by Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying that this lease is in full force and effect and unmodified odified or in full force and effect and modi labor unions, or laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. 2. Construction of Lease. This lease shall be governed by and construed in accordance with the taws of the State of Alaska. Words of gender used in this lease shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. 27. Secubg Do osit. essential lndu ernent to landlord from Tenant (s) for this lease is a security deposit by Tenant(s) in the amount of Eleven hundred dollars ($1,100.00) receipt of which by Landlord is hereby acknowledged and paid in advance of occupation of said premises. - all the Said deposit for security is for the full and faithful performance by the Tenant s o covenants and terms of this lease required to be performed by Tenant(s). Such deposit shall be held in a separate liability account in the Women's day volunteer Fire Department asset account (252-229-100 called Customer Deposits) and will be accounted for by the Kodiak Island Borough- The deposit will be, returned if the Tenants has fully and faithfully canned out all of its covenants and terns. If Tenant(s) does not fully and faithfully perform the covenants and tens of this lease, Landlord may apply the aforementioned secuty deposit against damages resultin g from breaches of Tenant(s). In the event all or part of tlae security deposit is so applied, Tenant(s) shall, upon demand, promptly pay to Landlord such amount .t as may be necessary to replenish the sec rity deposit to its original amount. If the Tenants) has pet in the apartment an additional non- refundable payment shall made of two hundred dollars $200.00 . In the event of a Mona fide sale of the property of which the leased premises are a part} the Landlord shall have the right to transfer such security deposit to purchaser to e held under the terms of this lease, and, in that event, the Landlord shall be released from all liability for the return of such security deposit to the Tenant(s). The Tenant (s) may not assign or encumber the money deposited as security, and neither the Landlord nor its successors or assigns shall bo bound by any such assignment or encumbrances. 29. Condemnation. If the Leased Premises shall he taken or condernned for any public purpose to such an extent as to render the Leased Premises ntenanta le, this Lease Agreement shall at the option of either party, cease and terminate as of the date when possession is taker. All p-roceeds from any taking or condemnation of the Leased Premises remise shall belong to and be aid to Landlord, and Tenants shalt have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant (s) shall be entitled to pursue any and all darnages from the condemner personal to Tenant resulting from condemnation. 30. Subordination and Nondisturhance. This lease and all of the fights of Tenant(s) hereunder are and shall be subject and subordinate to the lien of every deed of trust and every mortgage now or hereafter placed on the demised premises or any part thereof (except the property of Tenant(s) and others Mated to he removable under paragraph 4 of this lease), and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust ("encumbrances"). Page I I 1. Military Clause_ It is understood that Tenant is a member of the United States Coast Guard on extended active duty and hereafter Tenant receives permanent change of station orders to depart from the area where the 'remises are located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, or is deployed for more than 90 days, then in any of these events Tenant may terminate this lease upon giving thirty days written notice to Landlord. Tenant shall also provide to Landlord a copy of the official orders or a letter signed by Tenant's commanding officer reflecting the change which warrants terrnation under this clause. Tenant will pay prorated rent for any days he/she occupies the duelling past the first day of the month. The damage/security deposit will be promptly returned to Tenant provided there are no damages to the Premises. IN WITNESS WHEREOF., the parties have hereunto set their hands and seals this day of A+At, 2012. TENANT: : %%� Q AM %] ellrnan Lace DuRant WOMENS BAY FIRE PR TECTION DISTRICT: David Conrad LANDLORD THE KO I K ISLAND BOROUGH Administrative Official, CKYE. Cassidy Jr. -0 ATTEST: �P. Nova Javier, MMC Borough Clerk SKA � gage 10 I1 Per a discussion between Abigail Wellman, Lace DuRant and David Conrad on May 11, 2012, an amount of half the rewired deposit ($550. Fire Hundred Fifty Dollars will be deposited in the previously Wntified account prior torrftyt"15, o12. The remaining ($550.00) Five Hundred Fifty Dollars will be paid for retention by August 31, 2012. No pets will be allowed with this lease agreement. page I 1 of I