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FY2017-50 Bus Lease Agreement between A1 Timber Consultants Inc. and KIB For Use In Forestation Crew Transportation at the Rate of $1500 per week.BUSBUS LEASE AGREEMENT This Bus Lease Agreement ("Agreement") is made between Al Timber Consultants Inc. ("Lessor"), a Corporation organized under the laws of Washington State, licensed to do business in Alaska, who's address is; 185 Hamilton Road North, Chehalis, Washington and the Kodiak Island Borough ("Lessee"), who's address is; 710 Mill Bay Road, Kodiak, Alaska. Lessor and Lessee are hereinafter collectively referred to as the "Parties". At leases to KIB and KIB leases from Al, an as is 1999 Ford 12 person Mini -Bus (Miles 1 for use as reforestation crew transportation, and subject to the terms and conditions of this Agreement. 1. Terms: This Agreement shall commence on June 3'd, 2017 and remain in full force and effect on a Weekly Basis until either party shall terminale this agreement by giving at least 10 day notice that the vehicle is no longer needed. 2. Payment: The Lease rale shall be $300.00 dollars per Day or if leased for an entire week the rate will be $1,500.00 per week. A week is measured from Sunday to Saturday. Payment will be due upon invoicing. A service charge of 3% will be charged on any invoice over 30 days. 3. Lessee: shall be responsible for; A. All fuel and oil; (Diesel and W15-40) B. Vehicle safely and condition inspection; C. All vehicle and lire maintenance and repair, Copies of inspection reports, maintenance and repairs will be supplied to Lessor. 4. This is an agreement of lease only and may not be construed as a contract for the sale of a vehicle. Lessee acknowledges that Lessor is the owner of the Vehicle. Lessee further agrees that it does not acquire any legal or equitable interest in the Vehicle, but shall merely have the possessory right to use and operate the Vehicle until termination or expiration of this Agreement. S. Operator: The crew foreman is the only person authorized to operate the vehicle. The engine oil will be checked on a daily basis. 6. Occupancy: This vehicle is for transporting the reforestation crew to the job only. No non- employees are allowed in the vehicle. The vehicle is limited to 12 occupants. 7. Insurance: Lessee will require the vehicle to be covered under the tree planting contractors Comprehensive Automobile Liability Insurance as set out in section 12.3 (B) of the KIB Tree Planting Contract. A certificate of insurance will be supplied to A-1 prior to operating the vehicle, naming A-1 as additionally insured. The certificate of insurance must provide thirty (30) day prior notice to A-1 in the event of cancellation, non -renewal or material change in the policy. 8. Repairs: Lessee is responsible for all vehicle repairs. 9. Return of Property: Lessee agrees to return the vehicle to the owner in a condition as good as or better then when received, excluding normal wear and tear. Page 1 of 2 109. Indemnification. Lessee shall to the extent permitted by law indemnify, defend and hold harmless Lessor from and against any claim, demand, cause of action, loss or liability (including attorney's fees and expenses of litigation) for any property damage or personal injury caused or arising out of conduct of the operator or its employee's. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liabifty accruing before such termination. 11. Waiver. No failure of Lessor to exercise or enforce any of Its rights under this Agreement shall act as a waiver of subsequent breaches;and the waiver of any breach shall not act as a waiver at subsequent breaches 12. Severability: In the event any provision of this Agreement Is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision. 13. Entire Agreement: This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the parties. 14. Assignment: Lessee may not, without the prior written consent of Lessor, transfer or assign this Agreement or any rights given to Lessee hereunder. 15. Headings: Paragraph headings used In this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement. By signing the "Parties" acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing. A-1 Timber Consultants Inc. �O /Yf �OuSh rvl Printed Name Signature ki^ ne_ " Title S-/8-/�Z Date I Page 2 of 2