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
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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
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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
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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,
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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
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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").
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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.
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