Loading...
1983-02 Land, Building, and Equipment Lease with Bells Flats/Russian Creek Service Area or also known as Womens Bay Fire Department or Womens Bay Fire Protection AreaKodiak Island Post Office Box 1246 Kodiak, Alaska 99615 i This lease is made by and between the KODIAK ISLAND BOROUGH municipal corporation organized and existing under the laws of the State of Alaska, hereinafter referred to as the "KIB", and BELLS FLATS/RUSSIAN CREEK SERVICE � AREA, hereinafter called "NOMAN5 BAY." | /| For and in consideration of the mutual covenants and agreements herein (\ contained, the KIB does hereby agree to lease to WUMANS BAY the real property, |/ improvements. -and equipment described herein, hereinafter referred to as the i\ "premises", on the following terms, conditions, and covenants: 1. -Authority. This lease is zed by Title Kodiak Island Borough Assembly Resolution Number 82-26-R dated April 1, 1982, copy of which is attached hereto as Exhibit &, and by this reference incor- porated herein. . leased to W8MAMS BAY is described as a | .2., Real Propert . The real property one acre portion nf Lot 2,-00dk2, TrbttA, B@ls Rats Alaska Subdivision.' '| Kodiak Island Borough, Alaska._._ 3. Improvements. The real property contains a fire station building constructed by the KIB for the exclusive use of VOMA0S 8Ayr ' 4. Equipment. KIB agrees to provide initial fire suppression equipment for the exclusive use of WOMANS BAY. Any additional and/or replacement equipment will be provided by WOMANS BAY at its sole cost and expense. N��5 shall �to���sianoft�|��d � premisesfor u termfifty-five (55) years, commencing on May l, 1985 and ' ending at midnight on April 30, 2038, unless sooner terminated as provided 11herein. /5. Rental. NOM&N3 BAY shall pay the KIB one dollar ($l.UO) for the use of the-pFemises herein described on each anniversary date of this agreement during the term hereof or may prepay the amount of fifty-five dollars ($55.00) |upon execution of the lease. | 7. The.premises shall be used for a fire station including ||a residence for lone fire chief and his family, and community center -and no / other purposes without the prior written permission of the KIB. | 8. NOMANS BAY agrees to keep and maintain the entire | premrepair and in u neat, orderly and sightly condition at all � times at the W8M8NS BAY sole cost and expense. Necessary repairs and |imaintenunce shall also be at NOMANS HAY sole expense. ' |\ 9. Alteration. NONAMS BAY shall not make any alterations, additions or ', improvements in or to the leased premises without first obtaining the written consent of the KIB. ` lO NOMANS BAY agrees to be responsible for all utility ser- vices necessary for the operation of the fire station and its equipment, including but not limited to electricity-, heat, snow removal, refuse collec- tion and janitorial service. 11.NOM&MS BAY, at its own expense, shall obtain and keep in force durinq�Te term of this lease, comprehensive combined single limit liability and property damage insurance/ The KIB shall be named as an additional insured party against any liability arising out of NOMANS BAY use, occupancy or maintenance of the leased premises, Such insurance shall be in an amount not less than $500,800. Evidence of same shall be provided to the KIB. °�^� 12. Fire Insurance. WOMANS BAY agrees to obtain and keep in force during the term of this agreement, comprehensive fire insurance, naming the KIB as an insured purty, in an amount sufficient to replace the structure and equipment leased hereunder should destruction by fire occur. 13. Hold Harmless. WOMANS BAY 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 WOMANS BAY, 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 of the premises, wOMARSnxY .h�ll a~+~nd such antion on'behalf of the KIOossession or ', �t'NOMANS BAY sole cost .| and expense, � |/ 14. Subleage. NOMANS BAY shall not sublet all or any portion of the �| premises `-without first obtaining the written consent of the KIB. � first15. Assignment. WOMANS BAY may not assign, mortgage, pledge, or otherwise encumber all or any portion of this lease or the leased premises without 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. WOMANS BAY shall maintain the premises free and clear of any liens or encumbrances. If at any time during the term of this lease any lien or encumbrance is filed against the premises or any part thereof, WOMANS BAY 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 WOMANS BAY fails to procure the discharge of any lien or encumbrance, the KIB may terminate this lease without further notice to WOMANS BAY. 17. Compliance with Laws. WOMANS BAY shall all laws, regula- tions ! 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 NOMAMS BAY � to comply with such rules, regulations, or ordinances shall constitute a i violation hereof and subject this agreement to termination. | 18. Inspection. NOMAMS BAY shall permit the employ- ees of the 0B to enter upon the leased premises at any reasonable time for the purpose of inspecting the condition of the premises or the use thereof. 19. Rights -of -Way. TheKJB reserves to itself righfollows: premisesa. The 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 |/ | l 8AY shallfre interest whatsoever anystonegravel valuable for extraction or utilization, :any materials subject to Chapters 18.60 and 18.70 of the Borough Code as amended or hereafter amended. NOMANS BAY 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. or Zl NON8NS DAY shall not commit waste or injury to the leased premistone, grave/, sn`/ or other muxenu/s except as authorized by the Kl8 in writing and only when necessary to the utilization of the premises. W0MAN3 BAY shall not cause or permit any conditions that will allow erosion of the topsoil nor shall NOMANS BAY otherwise commit waste or injury to the premises. NOMAN5 BAY shall take all reasonable precaution to prevent and suppress grass, brush or forest fires on the {eased premises. 22_ Termination. This lease may be terminated iowhole ur part at any time upon the -mutual written agreement by the parties hereto. KI8 may terminate this lease if NOMAN3 88Y default in the performance of any term, covenant, or stipulation of the lease and if WOMAHS BAY fail or refuse to remedy such Lund, Building, and Equipment Lease default within thirty (30) days after the servicenfwritten notice bythe KI8 failurespecifying the nature of the breach or default. 23. Non -Waiver. The strict of any Cerm, -condition or covenant of this lease or to exercise any right or remedy available on a breach there shall not constitute a waiver of any ' "pr'`""'= term, ^"""'"'"" or ^"='='^ of this agreement. Waiver of perform- ance' / of any term, condition or covenant, or any breach thereof shall be only writtenby instrument executed by the KID- A wmiverof any default shall not |� affect or alter any term, condition or covenant of this lease and those terms, � conditions or covenants, shall continue in full force and effect with respect /| to any other subsequent default. 24. Remedies not Exclusive. Specific remedies provided in this lease relat- ing to termination �s�dl not be exclusive and the xzu may pursue available at law for compensation of damages, with or without terminating this 25. Surrender of the Premises. Upon the expiration, termination or cancella- tion of this lease for any cause whatsoever, WOMANS BAY shall peacefully and quietly surrender the leased premises in as good a condition as they were at the beginning of the lease term, normal wear and tear excluded. 26. Costs of Enforcement. The parties hereto agree that costs and expenses, -including reasonaFle -attorney fees, shall be paid by the non -prevailing party to the prevailing party in enforcing any of the terms or conditions of this 27 A modification of this lease shall not be binding upon either of the parTies unless reduced to writing and signed by both the KIB and WOMANS BAY. 28. Notices. Any notice, demand or delivery under this lease shall he i writiTig -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: KIB WOMANS1BAY _ Borough Manager Chairman Kodiak Island Borough Bells Flats/Russian Creek Service Area P. 0, Box 1246 Box 2015 Kodiak, Alaska 996I5 Kodiak, Alaska 996I5 29. Construction. This lease shall accord- ance mxn �� /am 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 tense ! 30 l clauseprovision of this lease is determined by �|���-�jurisdiction to be invalid, it shall not effect the validityof any other clause or provisions of this lease. . AGREED THIS 4�*� DAY OF 1983, KODIAK ISLAND BOROUGH By its-- Maniiger' BELLS FLATS/RUSSIAN CREEK SERVICE /REA ,Land, Building, and Equipment Lease Page 3 � STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the RL'h day of -Ju 1983, before me, the undersigned Notary Public for the State of Alaska ., duly commis- sioned and sworn as such, personally came Philip C. Shealy, Manager of the KODIAK ISLAND BOROUGH, and acknowledged that said instrument was signed and ji sealed'on behalf of the KODIAK 'ISLAND BOROUGH by proper authority delegated and vested in himself, and acknowledged further said instrument to be the free !i act and deed of said KODIAK ISLAND BOROUGH. 1 1 IN WITNESS WHEREOF, I have hereunto to set my hand and affixed my seal the da, d year first above written.. Ij ST N tory Public in and for las �,My Commission expires: • } ' 11j9 ss. THIRD RICT ) THIS IS TO CERTIFY that on this i+T1-' day of u,—( 1.98 before me the undersigned Notary Public, personally appeared &1L.&;Jnj M A-114`_5 , known to me and to me known to be the individual described in and who executed the foregoing instrument; he acknowledged to that he signed the same freely and voluntarily for the uses and purposes therein set forth. =icial seal. gtary Public in and for Rlas� y Commission expires: i Land, Building, and Equipment Lease Page 4 KODIAK ISLAND BOROUGH RESOLUTION NO. 82-26-R UTION F THE TERM LEASES TORTHELBELLS OFLATS/RU�SIAN CREEK ISLAND SERVIBOROUGH AREAASSEMBLY FIREAUTHORIZING PROTECTIONLONG DISTRICT ONE FOR THE LOCATION OF FIRE STATIONS ON BOROUGH OWNED LAND. WHEREAS, the Kodiak Island Borough Planning and Zoning Commission considered various sites in the Bells Flats and Monashka Bay areas as possible locations for fire stations; and WHEREAS, the Commission held a public hearing on February 17, 1982 and recommended two Borough owned parcels as being suitable locations for the needed fire stations; and WHEREAS, the Kodiak Island Borough Assembly approved the use of the; recommended lots for fire station locations at its March 4, 1982 meeting, as follows: I1. Fire Protection District One - Lot 3, Block 5, Miller Point Alaska Subdivision; and 2.Bells Flats/Russian Creek Service Area - A one acre portion of Lot 2, Block 2, Tract A, Bells Flats Alaska Subdivision. i NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly authorizes the administration to enter into long-term leases with Fire Protect-. ion District One and the Bells Flats/Russian Creek Service Area for the use of Borough owned land and fire station facilities, subject to the following con- ditions; shallI. The lease term evS 2. The leaseholders shallindemnifytheBoroughsfrom injury or liability in regards to the fire stations; 3. The Borough shall not be responsible for any operation or maintenance costs associated with the fire station; and 4. The use of the land and facilitiesrs shall pay the sum of $1.00 per year for the PASSED AND APPROVED THIS AlDOF a — 1982. IOD IS AN+iD BORO GBY. ATTEST: ghMayor ' i