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FY2020-25 Residential Lease Agreement For 225 REsearch Court, Unit 202 With Anthony NevinCONTRACT FY2020-25a LEASE ADDENDUM NO. 1 Property Address: 225 Research Court, Unit 202, Kodiak AK 99615 THIS LEASE ADDENDUM is made and entered into this 1st day of September 2020, by and between the Kodiak Island Borough (Landlord) and Anthony Nevin (Tenant). The aforementioned lease agreement is hereby amended as follows: 1. Lease termination date shall be extended to September 30, 2021. All terms and conditions of the lease agreement shall remain in effect in respect for the obligations of both parties. L¢o d MiLf :��— chael Powers Borough Manager Kodiak Island Borough Tenant: Az- r<f1- Anthony Nevin Fy;.a;W ds RESIDENTIAL LEASE AGREEMENT 225 RESEARCH COURT, UNIT 202 THIS AGREEMENT is made and entered into on the 1st day of April 2020 by and between the Kodiak Island Borough, hereinafter referred to as "Landlord" and Anthony Nevin, hereinafter referred to as "Tenant(s)." WHEREAS, Landlord is the owner of certain real property being, lying and situated in Kodiak, Alaska, such real property consisting of a residential dwelling unit with one (1) bedrooms and one (1) bathroom, and which includes one (1) off street parking space, such property having a street address of 225 Research Court, Unit 202, Kodiak, Alaska 99615, (hereinafter referred to as the "Premises"). WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; 1. Term. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto for a term of six (6) month(s) beginning April 1, 2020 and terminating September 30, 2020. If Tenant continues to occupy the premises after the expiration of the lease term, the tenancy shall be considered a month to month lease subject to termination on 30 days' notice as provided in AS 34.03.290(b). 2. Rent. The rent for the Lease of the Premises is One Thousand Dollars ($1,000.00) per month + ($52.50) in applicable sales tax = Total due per month ($1,052.50) payable on the first day of the term and on the 1st day of each month of the term. Provided, however, that Tenant shall pre -pay one month's rent as a deposit. All payments shall be made to Landlord, delivered to 710 Mill Bay Rd., Kodiak, AK 99615, on or before the due date, without demand, as rent for the term for said Premises. If the parties agree that the rent is prorated for partial months, such proration shall be calculated based upon a 30 day month. 3. Damaee and Security Deposit. Tenant shall deposit with Landlord one month's rent in advance as damage and security deposit, receipt of which is hereby acknowledged, which Landlord may hold without interest accruing, pending final inspection of the Premises upon Tenants' vacating. Landlord shall be entitled to retain all sums necessary to repair damage occurring during Tenants' occupancy and as security for rent. This provision shall not preclude Landlord from seeking additional relief. 4. Keys. Landlord shall issue keys to Tenant upon signing of the Lease. Tenant shall notify Landlord immediately if any keys are lost or stolen. There will be a $200 replacement charge for any lost or stolen keys. 5. Late Penalty. Any rent which is delinquent shall carry a late charge of Fifty Dollars ($50.00) if not paid within 10 days of the due date. 6. Use of Premises. Said Premises shall be used and occupied by Tenant exclusively as a private residence, and neither the Premises nor any part thereof shall be used by Tenant at any time during the term of this Agreement for any purpose other than as a residence. The Premises shall be occupied by no more than one (1) adult(s) and (0) children. Tenant shall not allow any other person, other than Tenant's Page I of 6 immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with all sanitary laws, ordinances, rules, and restrictions of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of said Premises during the term of this Agreement. Tenant shall not grow marijuana on the Premises. 7. Apolicability of Uniform Residential Landlord Tenant Act. This Lease is subject to the terms of the Alaska Uniform Residential Landlord Tenant Act (AS 34.03.010-380) (AURLTA). In the event of any conflict between the terms of this Lease and the AURLTA, the AURLTA shall prevail, and the term conflicting shall be treated as severable with the remainder of this Lease remaining in full force and effect. 8. Inspection and Disclaimer of Warranty Tenant has been offered. and has had an adequate opportunity to inspect the premises, common areas and all improvements. THE PREMISES, COMMON AREAS AND IMPROVEMENTS THEREON, ARE BEING LEASED "AS IS" IN THEIR PRESENT CONDITION AND STATE OF REPAIR, WITH NO EXPRESS OR IMPLIED REPRESENTATIONS, STATEMENTS, OR WARRANTIES BY THE LANDLORD AS TO PHYSICAL CONDITIONS, QUALITY OF CONSTRUCTION, WORKMANSHIP, STATE OF REPAIR, SAFETY OR FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED. Tenant agrees that, should Tenant become aware of a condition which renders the Premises unfit for habitation or interferes with essential services, as those terms are used in the AURLTA. Tenant shall immediately notify Landlord of the condition in writing. 9. Maintenance and Reoair Rules: Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: (a) Not obstruct or cover the windows or doors; (b) Not leave windows or doors in an open position during any inclement weather; (c) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (d) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited in a sink or toilet. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;. (e) Tenant shall maintain and test smoke detector and CO devices on each floor which have been supplied by Landlord as required by A.S. 18.70.095; (f) And Tenant's family and guests. shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise, disturb other residents; (g) Keep all radios, television sets, stereos, phonographs, etc, turned down to a level of sound that does not annoy or interfere with other residents; (h) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; and (i) Tenant shall comply with the facility use rules appended to this lease as Exhibit A. 10. Assignment and Subletting. Tenant shall not assign this Agreement or sub -let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub -letting or license shall not be deemed to be a consent to any subsequent assignment, sub -letting or license. An assignment, sub -letting or license without the prior written consent Page 2 of 6 of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. 11. Alterations and Improvements. Tenant shall make no alterations to the building, surrounding premises, and/or the interior of said Premises without the prior written consent of Landlord. Any alterations permitted by Landlord shall be performed and completed in a workmanlike manner and in compliance with all applicable building and zoning codes. Diagrammed plans of any remodeling or alterations shall be submitted by Lessee for Lessor's consideration as to whether consent may be granted. All alterations, changes, and improvements built, constructed, or placed on the Premises by Tenant, with the exception of movable personal property, shall, unless otherwise provided by written agreement between Landlord and Tenant, become the property of Landlord and remain on the Premises at the expiration or sooner termination of this Agreement. 12. Heat and Utilities. Landlord shall pay for the following utilities: water, sewer, garbage, electricity, intemet, and heating fuel. Tenant shall pay for all other utilities including but not limited to television and telephone charges and Landlord is not liable for such charges incurred by Tenant. Tenant shall have Tenant paid utilities switched into their name immediately. 13. Pets. Tenant shall not be allowed to have or bring, even temporarily, any animal (including mammals, reptiles, birds, rodents, or insects) anywhere on the Premises or on Landlord's property at any time except by prior written consent of Landlord. If Landlord agrees to permit Tenant an animal, both Tenant and Landlord must sign a separate animal agreement or addendum. 14. Abandonment by Tenant. Tenant shall notify Landlord or Landlord's designee in writing of any anticipated extended absence from the Premises in excess of seven (7) days. Tenants' absence from said Premises for a period in excess of thirty (30) days, without prior written consent from Landlord, shall be deemed an abandonment by Tenant of said Premises and Landlord may enter the Premises and may make reasonable efforts to lease the Premises at a fair rental value. If Landlord rents said Premises for a term beginning before the expiration of the Lease Agreement, this Agreement is considered terminated on the date the new tenancy begins. By re -renting the Premises Landlord does not waive his rights to seek damages from Tenant for all sums owed for the balance of the lease term and for all damages to the Premises. Is. Right of Inspection. Landlord, or Landlord's agents, shall have the right at all reasonable times during the term of this Agreement, and any renewal thereof, to enter said entire Premises, upon 24 -hours' advance notice to Tenant, for the purpose of inspecting the entire Premises, and all improvements thereon; for the purpose of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building; or to show the Premises to prospective tenants or buyers. Landlord may enter said entire Premises in lieu of 24 -hours' advance notice if Landlord deems an emergency requires immediate entry. 16. Fire or Casualty Damage to Residence. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bear to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence, and the Agreement continue according to its terms. Page 3 of 6 17. Hold Harmless. (a) Claims of Tenants guests and invitees. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature to the fullest extent permitted by AS 34.03.040(a)(3). (b) Claims for damage to or loss of Tenant's Property. Tenant shall be responsible for obtaining, at Tenant's expense and discretion, Tenants own insurance against casualty or loss of property. Tenant shall hold Landlord harmless for any loss Tenant may incur as a result of theft, fire, flood, or such other casualty. 18. Default by Tenant. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within ten (10) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. 19. Landlord Default Remedies. In the event default has occurred, the following rights and remedies in addition to those provided by statute or otherwise, are available to Landlord, to wit (a) The re-entry of the Premises by Landlord and the removal and storage of all property in the Premises at Tenants' costs, and without responsibility for loss or damage; (b) The right to re -rent the Premises for any sum which may be deemed the best available rental rate; (c) The right to declare all rent due and owing in accordance with the amount set forth in Paragraph 2 above and the same shall be immediately due and payable; (d) The right to recover damages against Tenant in accordance with the following; i. The cost of performing Tenants' obligations pursuant to the Lease Agreement; ii. The amount equal to the total due under this Lease Agreement pursuant to Paragraph 2, less payments made by Tenant or rent received by reason of Landlord's reletting the leased Premises; iii. Interest at the rate of twelve percent (12%) per annum from the date damage was incurred, or renal payments became due; and, iv. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 20. Water Pipe Freeze-up. Tenant shall exercise best efforts, and at Tenants' sole expense, to prevent all . domestic water systems and pipes within the Premises from freezing. Tenant shall take whatever precautions are necessary to assure that the freeze-up and breakage of the water pipes does not occur. Tenant shall be responsible for all damage incurred to the Premises as a result of the freeze-up and breakage of water pipes within or on the Premises that occurs through the Tenant's negligence. Page 4 of 6 21. Termination of Lease. On termination of this Lease, whether by breach or expiration of its term, Tenant agrees that Tenant will vacate and depart the Premises leaving them in as good of condition and state of repair as when possession was taken except as to ordinary wear and tear. Upon termination and the Tenant vacating the Premises, any carpeting or flooring, lighting fixtures, wall paneling and other permanent fixtures or improvements which may have been installed by Tenant or at Tenants' direction become the property of Landlord without cost or expense to Landlord except as may otherwise be expressly provided herein. 22. Move -Out Cleaning. Tenant agrees to have Premises cleaned by a professional cleaner upon vacating said Premises. Tenant will provide a receipt to Landlord or Landlord's agent as proof that said cleaning has occurred. 22. Lien Indemnification. Tenant shall not allow the Premises to become subject to any lien, charge, or encumbrance as result of Tenants' acts or neglect, and Tenant shall indemnify Landlord against any such liens, charges or encumbrances. 23. Notice. Any notice, request or other communication required or permitted to be given under this Agreement shall be deemed properly given or made when either hand delivered or mailed by registered or certified mail in the ordinary course, postage prepaid, if addressed as follows: TENANT: Anthony Nevin PO Box 3251 Kodiak, AK 99615 Phone: 907-942-2278 LANDLORD: Kodiak Island Borough Borough Manager 710 Mill Bay Road Kodiak, AK 99615 Phone: 907486-9302 Notwithstanding anything to the contrary, the notice requirements of this paragraph are not applicable to any notice required under Paragraph 13. Notice under Paragraph 13 shall be deemed properly given or made if given or made reasonably. 24. General Provisions (a) Law Governing Disputes. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Alaska. (b) Descriptive Headings. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. (c) Construction. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. (d) Non -Waiver. No indulgence, waiver, election or non -election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. (e) Modification. The parties hereby agree that this document contains the entire agreement Page 5 of 6 between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. (f) Entire Agreement. This Agreement sets forth all the covenants, promises, agreements, conditions and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. Dated this I st day of April, 2020. Land e d: 22--L- Michael Powdys Borough Manager Kodiak Island Borough ATTEST: L��,� Tar Welins Borough Clerk Kodiak Island Borough Tenant: Anthony Tf vin Page 6 of 6