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1983-01 Land, Building, and Equipment Lease by the Kodiak Island Borough with Bayside Fire Station/Fire Protection Area No. 1SCANNED Date: : Init.: gligsnill XOT, Imn 13 M This lease is made by and between the KODIAK ISLAND BOROUGH, a municip� corporation organized and existing under the laws of the State of Alaska, )ereinafter referred to as the "KIB", and FIRE PROTECTION AREA NUMBER ONE, )ereinafter called "BAYSIDE." For and in consideration of the mutual covenants and agreements heren contained, the KIB does hereby agree to lease to BAYSIDE the real propertm improvements and equipment described herein, hereinafter referred to as premises". on the following terms, conditions, and covenants: 1. Authority. This lease is authorized by Title 18 of Borough Code and Kodia"F-r-sTa-na-Sorough Assembly Resolution Number 82-26-R dated April 1, 1982, a copy of which is attached heret 12. Fire Insurance. BAYSIDE agrees to obtain and keep in force during the term of this agreement, comprehensive fire insurance, naming the KIB as an insured party, in an amount sufficient to replace the structure and equipment leased hereunder should destruction by fire occur. 13. Hold Harmless. BAYSIDE agrees to indemnify, save and hold the KIB harmless from any liability for damage, injury or death to any person or persons or for damage to property arising from the use, possession or occu- pancy of the premises by BAYSIDE, with the defense of any such claim or action. If an action or proceeding is brought against the KIB by reason of a claim associated with BAYSIDE'S use, possession or occupancy of the p.emises, BAYSIDE shall defend such action on behalf of the KIB, at BAYSIDE'S sole cost and expense. 14. Sublease. BAYSIDE shall not sublet all or any portion of the premises-wi"t-Fo-u-t first obtaining the written consent of the KIB. 15. Assignment. BAYSIDE may not assign, mortgage, pledge, or otherwise encumFer aTT or any portion of this lease or the leased premises without first obtaining prior written approval from the KIB. Any assignment, pledge or encumbrance executed without first obtaining the written approval of the KIB shall be void and of no force and effect. 16. Liens or Encumbrances. BrE shall maintain the premises free and clear—of _dn_yl_i_e`n­s_&r —encumbrances. If at any time during the term of this lease any lien or encumbrance is filed against the premises or any part thereof, BAYSIDE shall, at its own expense, obtain the release and discharge of the lien by payment, bonding or otherwise within thirty (30) days after receipt of written notice from the KIB. If BAYSIDE fails to procure the discharge of any lien or encumbrance, the KIB may terminate this lease without further notice to BAYSIDE. 17. Compliance with Laws. BAYSIDE shall comply with all laws, regula- tions —or or—Un-a—nces promulgated by a proper public authority. The land described herein lies within the jurisdiction of an authorized zoning and building authority and shall be utilized in accordance with the rules, regula- tions and ordinances of such authority. Failure on the part of BAYSIDE to comply with such rules, regulations, or ordinances shall constitute a violation hereof and subject this agreement to termination. NMI` 011MUNNAINNIS 19. Rights -of -Way. The KIB reserves to itself rights-of-way as follows: a. fhe right to reasonable ingress or egress over and across the leased premises for the purposes of constructing or maintaining any utility or road right-of-way which the KIB is authorized to construct or maintain, and to grant itself reasonable easements over and through the leased premises for these purposes. b. The right to grant to others easements or right-of-way across the premises if it is determined to be in the best interest of the KIB to do so, 20. Minerals and Timber. BAYSIDE shall acquire no interest whatsoever in any deposi—ts6-f stone or gravel valuable for extraction or utilization, or any materials subject to Chapters 18.60 and 18.70 of the Borough Code as amended or hereafter amended. BAYSIDE shall not sell or remove or attempt to sell or remove any timber, stone, gravel or any other material valuable for building or commercial purposes. W Land, Building, and Equipment Lease Page 2 1efault within thirty (30) days after the service of written notice by the KIB c" the nature of the breach or default. 23. Non -Waiver. The failure by the KIB to insist upon strict performance o any term77-55-d—ition or covenant of this lease or to exercise any right or remedy available on a breach there shall not constitute a waiver of any applicable term, condition or covenant of this agreement. Waiver of perform ance of any term, condition or covenant, or any breach thereof shall be only by written instrument executed by the KIB. A waiver of any default shall no affect or alter any term, condition or covenant of this lease and those termi conditions or covenants, shall continue in full force and effect with respec to any other subsequent default. 24. Remedies not Exclusive. Specific remedies provided in this lease relat- ing to termination shall not be exclusive and the KIB may pursue any remedy available at law for compensation of damages, with or without terminating thi�_, lease. 26. Costs of Enforcement. The parties hereto agree that costs and expenses, including reasonagre —attorney fees, shall be paid by the non -prevailing party to the prevailing party in e;forcing any of the terms or conditions of this lease. 27. Modification. A modification of this lease shall not be binding upon either ofthi_�irties unless reduced to writing and signed by both the KIB a0, BAYSIDE. 28. No tices. Any notice, demand or delivery under this lease shall be ir writi6g and shall be effective upon mailing by certified mail with charges prepaid to the other party at the address stated below or to such other address as either party may, from time to time, furnish in writing to the other party: KID BAYSIDE BorougkF7ianager Chairman Kodiak Island Borough Fire Protection Area Number Ont P. 0. Box 1246 Star Route 3670, Rezanoff Kodiak, Alaska 99615 Kodiak, Alaska 99615 29. Construction. This lease shall be governed by and construed in accord- ance with the T-aw—s of the State of Alaska. Words of gender used in this lea 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 tense requires. i 30. Severability. If any clause or provision of this lease is determined by a CoCr_t'_&f__Co4;W_e_tent jurisdiction to be invalid, it shall not effect the validity of any other clause or provisions of this lease. AGREED TO THIS DAY OF 17/� 1983. 2—u KIBsit9653 Vol By tL I ts Land, Building, and Equipment Lease Page 3 am THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the /3 :,, . day of 1983 before me, the undersigned Notary Pu-M—cforommilo St? ting MInacer, sioned and sworn as such, personally came David L. aldron, Ac the KODIAK ISLAND BOROUGH, and acknowledged that said instrument was signed and sealed on behalf of the KODIAK ISLAND BOROUGH by proper authority delegated and vested in himself, and acknowledged further said instrument t be the free act and deed of said KODIAK ISLAND BOROUGH. I IN WITNESS WHEREOF, I have hereunto to set my hand and affixed my se the day, month and year first above written. I oar iiic in and fo�­ATds-Mal My Co ssion expires: MVCOMW� nExp,�, Oftbar 14.1984 im THIS IS TO CERTIFY that on this I fh day of 1981 before me the undersigned Notary-FuRic, personally known to me and to me known to be the individual described t -who -executed the foregoing instrument; he acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth, WITNESS my hand and official seal. is A0Q"'j- Aenq'i Notary and f*JATaska 14 C 01 ai Cn i x q i r e s : YN ai=r &I k, IUBS119654 ILand, Building. and Equipment Lease ,Page 4