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FY2017-04 A-B; Lease Agreement Between the Kodiak Island Borough And The American National Red Cross For Office Space At The Borough Annex Building Located At 610 Mill Bay RoadMay 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