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FY2021-30 Residential Lease Agreement For 225 Research Court, Unit 204 With Providence Kodiak Island Medical CenterFy dW__66 RESIDENTIALLEASE AGREEMENT 225 RESEARCH : COURT, UNIT 204 TRIS AGREEMENT is made and -entered into on the day of Mby and between the Kodiak Island: Borough, hereinafter referred to as "Landlord" Afid.1"?"r- Kodiak Island Medical Center hereinafter referred to as "Tenant(s)." (s)." WREREAS, Landlord .is the owner of certain.realproperty being, lyingand situated in 'Kodiak, Alaska, such real property consisting of a residential dwelling unit with and which. includes one'( . 1).off-Weet parking space, such property hAVifig a street address 6f225 Research Cbtirt,, Unit204, Kbdiakk ,. Alaska. 99615,(hereinafter ref6yrod to As the "Prtinisesi). WHEREAS, Landlord desiresto lease. the,. Premises to Tenantuponthe terms, and conditions 'as contained.herein; and WHEREAS, -Tenant desires to lease- the Premises from Lafidlord*on th6* terms and cbnditibnsds contained herein; 1. Tenn. Landlord leases. to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto for a term. month -.M*�*"��"-'!'�-2-.';'.*'.-.'.,� 2 terminatingof one (� Fq919PAP9__:W.-,4 Ju . If Tenant occupy the premise continUes. to oc s .. after the.ex piration of the* lease term, the tenancy shall be considered a mont . h.to month h-boase subject to termination on 30 -days' notice as provided in. AS 34.03.29.0(b). 2. Rbnt. The rent for the Lease of the Promises is 6"' 66"ii2d per month payable on. the -first -day of the: term andonthe 121hda of each mouth of the term. Provided) T yided, however, that Tenant shall.pre-pay one month's rent as.a deposit. All paymerits,shal I he. made to Landlord, delivered to.. 710 Mill Bay Rd., Kodiak, AK 99615, on. or.beforb., 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 3.0 -day month. 3. Damage and Security QdpoOi i Te.hani: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 interestaccruing, pending final inspection of the Premises upon Tenants' vacating: Landlord shall be l' entitled to retain alsu.ms necessary to. repair damage occurring during ing Tedants'occupancy and,as security for rent. This provision shall notpraclude. 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,= replacement charge for any lost orstolch keys. 5. Late Penalty: Any rent which is delinquent shall carry 0. late charge of Fifty Dollars ($50.00) if not paid-wfthih 40 days of the due. date. 6.s ' e *** of Premises, Said Premises shall be used and occupied by Tenant exclusively as a.private residence;and neither the Premises norany part thereof shall be used.by Tenant at any time .during,the-term ofthis Agree Agreement. for. any purpose other than as aresiden .The Prem" e§ shall be occupied by no more - -M residence.. is than two Q) adult(s) and. (0) children. Tenant shall not allow any other person, other than Tenant's immediate family or.transient relatives and friends who are guests .of Tenant, to use:or occupy the Premises without first obtaining L.a.ndlord'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. Applicability 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" JN. THEIR PRESENT CONDITION AND. STATE .OF REPAIR, WITH NO EXPRESS OR IMPLIED. REPRESENTATIONS; STATEMENTS, O.R. 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 Repair .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, Tenarit shall:. (a) Not. obstructor cover the windows .or. doors; .(b) Not leave, windows ordoors 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 ofLandlord, .(d) Keep all lavatories; sinks, toilets,. and all .otherwater and plumbing apparatus in good order and repair and _shall use .same only for the purpos& 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 Prernises.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. prorrided .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. Assi nment and S61ettin . Tenant shall, not:assign thiiAgreement or sub -let or grant any license Ouse 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.. of Landlord or an assignment or subletting .by operation of law shall .be absolutely null and void and shall; at Landlord's option, tertninate.this Agreement. 11. Alterations and lrriprovernents. Tenant shall make no .alterations to the building, surrounding. premises, and/or. the- interior of said Premises without the prior written consentof Landlord. Anyalterations. permitted by Land.lord:shall be performed and completed in a.Workmartlike manner and in with all .applicable building:and zoning :codes: Diagrammed plans of any remodeling or alterations shall be. submitted by Lessee for Lessors consideration as to whether consent m` ay 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 otherwiseprovided by written agreement between Landlord and Tenant, become the. rt * 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; internet, and heating fuel. Tenant shall pay for all other utilities. including. but not limited to television and telephone charge s.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 britt&.. even temporarily; any animal (including, marnrnals,.reptiles, birds,. rodents, or insects) anywhere on the Premises or on Landlord's property at -.any time. 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. deemedan 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 Tents said Premises for a term beginning before the. okpiration of the Lease Agrcement,.this Agreement. is considered terminated on the date the new tenancy begins. lay re -renting thePremises 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. 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.deeined appropriate by Landlord for the preservation -of the Premises or the building;'or to shover 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 Pre rriises are.. destroyed or rendered wholly uninhabitable by: fire, storm, earthquake; or other casualty not caused by the -negligpncow of Tenant, this Agreement. -shall terminate front 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 terminaf ing this Lease.. In the:event ihat.Landlord exereises..its right to repair such uninhabitable, portion, the; rental. shall. abate in the proportion thatthe injured. parts bear to the.,whole Premises, and such. part so injured shallbe restored by Landlord. as speedily as practicable, after which the all:reri€.shall recommence, and the Agreement continue according to'its terms. 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 einployees 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. structuie 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: ofevery kind and nature to the fullest extent.permitted.by AS 3.4.03:040(4)(3.), {b) Claims far damage to or loss of Tenant's property. Tenant shall be responsible for obtaining, at Tenant's expense and discretion; Tenants own1risurance against casualty or .loss: of property..Tenant shall hold Landlord harmless for any. lass Tenant niay incur as a result of theft, .fire, flood, or such other casualty. 18. Default:by Tenant: 1f Tenant fails. to comply with any of the. material provisions .of.th'is Agreement,. other than the covenant to pay rent,. or of any present rules. and "regulations or any that may be hereafter prescribed by Undloid, 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 nori-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 far 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 de€cult has occurred; the following rights and .remedies in addition to those provided by statute orotherwise,.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 maybe '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 rightto recover damages against Tenant in accordance with the following; L 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 Ieased Premises;. iii. Interest at the'rate of twelve percent (12%) per annum.froni the date damage:was incurred; or renal payments became due; and, iv. :Should it become.necessary for Landlord to employ:an attar.neyto enforce any of the conditions.or covenants hereo€, 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 -ug. Teriant:shall exercise best.effort§j and at Tenants' sole expense,:to prevent :411 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. aresult. of the freeze-up and breakage of water. pipes within or on the Prenii§.es that oecurs.through the.. Tenant's negligence. 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 Prerimises 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 arid the Tenant vacating the Premises, any .carpeting or flooring,. lighting_ fixtures, wall paneling Arid other permanent fixtures or improvements which may have been installed., by Tenant or at Tenants' direction become the property of.Landlord without costor 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 Land] ord's.agent as proof that said cleaning has occurred. 21. Lien Indemnification, Tenant shall not. allow the Premises to become subject to any..lien, charge, or encumbrance as result. of Tengnts' acts or neglect, and Tenant shall indemnify Landlord against any such liens, charges or encumbrances. 24. Notice. Ariy- notice, request or other cbminunication 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: Providerice;Kodig[c island Medical Center : :I 9:1S:EReziirrof Drive ...........9'OT=486.9590: LANDLORD: .Kodiak Island Borough Borough Manager 710. Mill Say �} Road Kodiak, AK. ' r: .. 996.1:5 Office: 90748&9-30l Notwithstanding anything to the contrary, the notice requirements of this..paragrapll:are notapplicable to any notice required under ;Paragraph 1.3. Notice: under Paragraph 13. shall be deemed property given or made if.given :or made reasonably. 25. General Provisions (a) Law Governing Dispute . 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 deterinining .the rights or obligations, -of the:Landlord.of 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 Us document contains the entire agreement 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 hiereto unless. reduced. to writing. and signed by both parties. This Agreernerit constitutes a final, complete, and exclusive statement of the agreemeint between the,parties. Lant : Vo Michael Powers Borough Manager Kodiak Island Borough A' ise Clerk ;land Borough Date: Tenant: ro itleirrceRodiak Island Medical Center \14SKA�"