FY2022-22 Lease Agreement For Womens Bay Fire Department Apartment Between KIB And Heather CrivelloORI NAL
CONTRACT FY202 -�2 -
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this ''Z Ny.9 day of December 2021 by and
between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state
of Alaska, hereinafter called Landlord, and Heather Crivello, 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:
1. Premises. Landlord, for and in consideration of the rents, covenants and conditions
hereinafter specified to be paid, performed and observed by Tenant, does hereby let, lease and
demise to Tenant the improved real estate particularly described as follows:
Certain residence space of a two-bedroom apartment situated on the second floor of the
Women's Bay Fire Hall located at 538 Sargent Creek Drive on the following described
real property:
Lot IA, Block 2, Tr. A, Bells Flats Subdivision, Kodiak Recording District, Third
Judicial District, State of Alaska (Plat # 2015-11).
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 leased 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 be for the period of twelve (12) months
following the commencement of the term, unless sooner terminated as hereinafter provided. The
term of the lease shall commence on December 1, 2021, and shall expire at 5:00 P.M., Alaska
Standard Time on November 30, 2022. Upon agreement of both parties, the lease is renewable
for a period of one (1) year (until November 30, 2023).
In the event the foregoing commencement provision results in a commencement date
other than on the first day of a calendar month, the rent shall be immediately paid for such initial
fractional month prorated on the basis of a thirty (30) day month. This provision can be waived
at the request of the tenant to the Womens Bay Fire Protection District representative.
Unless otherwise provided in Section 30 (Military Clause), the lease can be sooner
terminated upon sixty (60) days' notice to Landlord provided that the notice period allows time
for removal of all Tenant's personal belongings, exit inspection, clean-up and/or repair
necessitated by Tenant's occupancy, and re -occupancy. If the vacancy extends beyond the term
specified in the 60 -day notice, Tenant will pay prorated rent daily until the Premises is
reoccupied.
Upon expiration of this lease, tenant may continue to occupy the premises on a month-to-
month basis if granted approval by the Women's Bay Fire Protection District board no later than
thirty (30) days prior to the lease expiration.
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3. Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord,
the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for said premises
hereinabove described the sum of Twelve Hundred dollars ($1,200.00) in advance, on or before
the first day of each month of the lease term. Additional deposits, adjustments or limitations to
the express terms of this agreement will be as set forth in Attachment A.
All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the
Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may
designate from time to time in writing.
4. Alteration of Premises. Tenant shall not make any alterations, additions, or
improvements in or to the leased premises without first obtaining the written consent of
Landlord. Any such alterations, additions and improvements consented to by Landlord shall be
made at Tenant's expense. Tenant(s) shall secure all governmental permits required in
connection with such work and shall hold Landlord harmless from all liability and liens resulting
therefrom. All alterations, additions and improvements, except trade fixtures and appliance and
equipment which do not become attached to the building, shall immediately become a part of the
realty and the property of the Landlord without obligation to pay therefor, except that Landlord
may require removal of all or part thereof by Tenant(s) at the termination of the lease, at
Tenant(s) expense, and Tenant(s) shall pay for or repair any damages to the leased premises,
including, without limitation, any necessary patching, repainting, and repairing caused by such
removal. Upon removal of the trade fixtures and appliances and equipment which do not
become attached to the building, Tenant(s) shall restore the leased premises to the same
condition that they were in prior to the installation of said items, including, without limitation,
any necessary patching, repainting and repairing. Any trade fixtures, appliances, equipment or
other property not removed from the leased premises by Tenant(s) upon termination of the lease
shall be deemed abandoned by Tenant(s), provided that Tenant(s) shall save Landlord harmless
from any loss, cost, or damage arising from Tenant(s) failure to remove such items.
5. Use of Premises. The leased premises shall be used for residential housing space, and for
no other purpose, without the prior written consent of the Landlord. Tenant shall not use or
permit the leased premises or any part of thereof to be used for any purpose in violation of any
municipal, borough, state, federal or other governmental law, ordinance, rule or regulation. This
specifically includes prohibitions on smoking within borough facilities or on borough owned
land'. Tenant agrees that Tenant, together with all other persons entering and/or occupying the
leased premises at Tenant's request or with Tenant's permission, will abide by, keep and observe
all reasonable rules and regulations which Landlord may make from time -to -time for the
management, safety, care and cleanliness of the building, and the preservation of good order
therein, as well as for the convenience of other occupants and tenants of the building, and for the
use of any parking areas adjacent to the building. The violations of any such rules and
regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall not,
without Landlord's prior written consent, use, operate or install any electrical or mechanical
equipment, machinery, or mechanical devices in the leased premises, except in compliance with
Per a July 1990 ordinance, smoking is not allowed in any Kodiak Island Borough buildings and vehicles; and per
Ordinance No. FY2011-06, effective January 1, 2011, smoking is prohibited within a distance of fifty feet (50')
outside any entrance, window, or ventilation intake system of any building or office owned or leased by the Kodiak
Island Borough.
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the highest standards applicable to the use, operation, or installation of such equipment,
machinery or devices, generally recognized by the profession or industry in which Tenant is
engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein, in
such a manner as to cause substantial noise or vibration, or unreasonable disturbance to other
tenants in the building.
If Tenant will be out of town or otherwise absent from the premises for more than ten (10) days,
Tenant will notify in advance the Womens Bay Service Area Board or designated party.
In the event the Tenant's use of leased premises causes an increase in Landlord's fire or hazard
insurance premiums; Tenant shall reimburse Landlord for the amount of such increase.
6. Utilities. Landlord shall furnish, at its expense, the following utilities and services for
normal office use of the leased premises:
(a) Electricity for normal lighting and residential use. Special or additional
electrical requirements shall be paid by Tenant(s).
(b) Heat from fuel oil based on normal residential use.
Tenant(s) shall provide at his expense all other utilities and services used at the leased
premises, including phone and cable.
Landlord shall not be liable for any loss or damage caused by or resulting from any variation,
interruption or failure of said utilities or services, arising from any cause, condition or event; and
no variation, interruption or failure of such utilities and services incident to the making of
repairs, alterations, or improvements, or arising from any accident, strike, condition, cause or
event in whole or in part beyond the reasonable control of Landlord shall be deemed an eviction
of Tenant(s) or relieve Tenant(s) from any obligation hereunder.
7. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in good
repair the foundations, exterior walls, roof and other structural portions of the building.
Tenant(s) shall, at its expense, maintain the interior of the leased premises at all times in good
condition and repair, all in accordance with the laws of the State of Alaska and all directions and
regulations of governmental agencies having jurisdiction hereof. Tenant(s) shall commit no
waste of any kind in or about the leased premises, and Tenant(s) shall pay for all damage to the
building, as well as damage to tenants or occupants hereof, caused by Tenant(s) misuse or
neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term
hereof, or on the termination of this lease, Tenant(s) shall surrender the leased premises, its
apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this
lease, Tenant(s) shall surrender the leased premises in good and clean condition, normal wear
and tear and damage by fire or other casualty excepted.
Landlord shall maintain and repair all plumbing, lines and equipment installed for the
general supply of hot and cold water, heat, ventilation and electricity, except that Tenant(s) shall
be responsible for any and all maintenance and repairs attributable to obstruction or objects
deliberately or inadvertently introduced or placed in the fixtures, lines or equipment by
Tenant(s), his employees, agents, licensees or invitees.
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Landlord shall not be responsible or liable at any time for any loss or damages to
Tenant(s) equipment, fixtures or other personal property of Tenant(s) or to Tenant(s) business
except to the extent attributable to Landlord's negligence.
Landlord shall not be responsible or liable to Tenant(s) or to those claiming by, through
or under Tenant(s) for any loss or damages to either the person or property of Tenant(s) that may
be occasioned by or through the acts or omissions of persons occupying other portions of the
building.
Landlord shall not be responsible or liable for any defect, latent or otherwise, in the
building in which the leased premises is situated, or any of the equipment, machinery, utilities,
appliances or apparatus therein nor shall it be responsible or liable for any injury, loss or damage
to any person or to any property of Tenant(s) or other person caused by or resulting from
bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water
or sewerage in any part of said leased premises, the building, or the surrounding area, or for any
injury or damage caused by or resulting from acts of nature or the elements, or for any injury or
damage caused by or resulting from any defect in the occupancy, construction, operation or use
of any of said leased premises, building, machinery, apparatus or equipment by any person or by
or from the acts or negligence of any occupant of the premises, unless Landlord itself is
negligent.
Tenant(s) shall keep premises in a clean and sanitary condition.
Tenant(s) shall assume all cost of extermination and fumigation for infestation caused by him.
Tenant(s) shall childproof/animal proof the dwelling and yard.
Tenant(s) shall mow and water the grass and lawn, and keep the grass, lawn, flowers, and
shrubbery thereon in good order and condition, and keep the sidewalk surrounding of said
premises free and clear of all obstruction; to use precaution against freezing of water and waste
pipes and stoppage of same in and about said premises.
8. Fire and Other Casualty. Should the leased premises be damaged by fire or other
casualty, and if the damage is repairable within four (4) weeks from the date of occurrence (with
the repair work and the preparations therefore to be done during regular working hours on
regular work days), the damages shall be repaired with due diligence by Landlord, an in the
meantime the monthly rental shall be abated in the same proportion that the untenable portion of
the leased premises bears to the whole thereof. Should the leased premises be completely
destroyed by fire or other casualty, or should they be damaged to such an extent that the damage
cannot be repaired within the four (4) weeks of the occurrence, Landlord shall have the option to
terminate this lease, and Landlord shall advise Tenant(s) within thirty (30) days after the
happening of any such damage whether Landlord has elected to continue this lease in effect or to
terminate it. If Landlord shall elect to continue this lease in effect, it shall commence and
prosecute with reasonable diligence any work necessary to restore or repair the leased premises.
If Landlord shall fail to notify Tenant(s) of its election within said thirty -day period, Landlord
shall be deemed to have elected to terminate this lease, and the lease shall thereafter
automatically terminate. The commencement by Landlord of repair work shall be deemed to
constitute notice that Landlord has elected to restore or repair the leased premises. For the
period from the occurrence of any damage to the leased premises to the date of completion of the
repairs (or to the date of termination of the lease if Landlord shall elect not to restore the leased
premises), the monthly rental shall be abated in the same proportion as the portion of the leased
premises bears to the whole thereof.
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In the event restoration or repair is delayed by acts or omissions of Tenant(s), there shall
be no abatement of rental during the period of such delay. If the fire or damage is caused by the
carelessness, negligence or improper conduct of Tenant(s), then notwithstanding other provisions
of this lease, Tenant(s) shall remain liable for the rent, without abatement, during any period of
repair or restoration.
If the Landlord, in its discretion, shall decide within thirty (30) days after the occurrence
of any fire or other casualty in the building, even though the leased premises may not have been
affected by such fire or other casualty, to demolish, rebuild or otherwise replace or alter the
building containing the leased premises, then upon written notice given by Landlord to
Tenant(s), this lease shall terminate on a date specified in such notice, but no sooner than thirty
(30) days from the date of such notice, as if that date had been originally fixed as the expiration
date of the term herein leased. Tenant(s) and Landlord hereby mutually release each other from
liability and waive all right of recovery against each other for any loss from perils insured against
under their respective fire insurance policies, including any extended coverage and endorsements
thereto; provided, however, that this paragraph shall be inapplicable if it would have the effect,
but only to the extent that it would have the effect, of invalidating any insurance coverage of
Landlord or Tenant(s).
Restoration or repair work conducted in the common areas, in areas of the building unleased, or
leased to other tenants, or the noise or interference arising therefrom, shall not be deemed an
eviction of Tenant(s), or a breach of this lease, but Tenant(s), or a breach of this lease but
Tenant(s) obligation to pay rent shall be abated during such period of time as Tenant(s) is unable
to conduct business at the leased premises by reason of actual physical interference with use of
the leased premises as a result of such restoration or repair work.
9. Sublettinz and Assignment. Tenant(s) shall not sublet the leased premises, or any part
thereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part
by operation of law or through any court proceedings, without the prior written consent of
Landlord to such subletting or assigning; any such assignment or sublease without Landlord's
written consent shall be void.
If Tenant(s) is a corporation, any merger, consolidation, or dissolution to which it is a party, or
any change in ownership of a majority of its voting stock outstanding, shall constitute an
assignment of this lease for purposes of this paragraph.
10. Indemnification. Tenant(s) agrees to protect, defend, indemnify and save harmless
Landlord from and against any and all claims (no matter how meritless) demands, and causes of
action of any nature whatsoever, and any expenses incident to defense of and by Landlord
therefrom, for injury to or death of persons or loss of or damage to property occurring on the
leased premises, or in any manner arising out of Tenant(s) use and occupation of said premises,
or the condition thereof, during the term of this lease. Tenant(s) shall procure and maintain
renter's insurance coverage. Said renter's insurance shall include liability coverage of one
hundred thousand dollars ($100,000.00) to protect tenant and landlord for any potential loss
and/or lawsuits. Such policy or policies shall be written by a responsible insurance company or
companies satisfactory to Landlord. Upon the signing of this Agreement, certificates of insurance
showing compliance with the foregoing requirements shall be furnished by Tenant(s) to Landlord
for approval. Certificates shall state that the policy or policies will not be canceled or altered
without at least thirty (30) days, prior written notice to Landlord. Maintenance of such insurance
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and the performance by Tenant(s) of the obligation under this paragraph shall not relieve
Tenant(s) of liability under this indemnity agreement.
11. Common Areas and Facilities. Landlord shall have the right to construct, maintain and
operate lighting and other improvements on all said areas; to change the area, level, location and
arrangement for common areas and other facilities and temporarily to close the common areas to
effect such changes.
All common areas and facilities which Tenant(s) may be permitted to use and occupy are to be
used and unoccupied under a revocable license, which shall not be unreasonably revoked, and if
any such license be revoked or if the amount of such areas be changed or diminished, Landlord
shall not be subject to any liability nor shall Tenant(s) be entitled to any compensation or
diminution or abatement of rent nor shall revocation or diminution of such areas be deemed
constructive or actual eviction.
12. Liens. Tenant(s) will not permit any mechanics', laborers' or material men's liens to
stand against the leased premises or improvements for any labor materials furnished to Tenant(s)
or claimed to have been furnished to Tenant(s), or to Tenant(s) agents, contractors, or sub lessee,
in connection with work of any character performed or claimed to have been performed on said
premises or improvements by or at the direction of sufferance of Tenant(s); provided, however,
Tenant(s) shall have the right to contest the validity or amount of any such lien or claimed lien.
In the event of such contest, Tenant(s) shall give to Landlord such reasonable security as may be
demanded by Landlord to insure payment of such lien or such claim of lien. Tenant(s) will
immediately pay any judgment rendered with all proper costs and changes and shall have such
lien released or judgment satisfied at Tenant(s) own expense.
The foregoing provisions respecting liens shall apply to all liens, of any kind or nature, asserted
against the leased premises or improvements thereon, including liens arising out of, incident to,
or connected with the use and occupation of the leased premises by Tenant(s).
13. Default. If Tenant(s) at any time during the term of this lease (and regardless of the
pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in
law, in equity or before any administrative tribunal, which have or might have the effect of
preventing Tenant(s) from complying with the terms of this lease) shall:
(a) Fail to make payment of any installment of rent or of any other sum herein
specified to be paid by Tenant(s), and Tenant(s) fails to cure such default within ten (10) days
after such failure to make payment: or
(b) Fail to observe or perform any of Tenant(s) other covenants, agreements or
obligations hereunder, and if within thirty (30) days after Landlord shall have given to Tenant(s)
written notice specifying such default or defaults, Tenant(s) shall not have commenced to cure
such default and proceed diligently to cure the same; or
(c) If Tenant(s) has filed a Petition under Chapter 1 l of Bankruptcy Act, 11 O.S.C.
701 et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if
Tenant(s) finally and without further possibility to appeal or review:
(1) is adjudicated as bankrupt or insolvent; or
(2) has a receiver appointed for all or substantially all of its business or assets on
the ground of Tenant(s) insolvency; or
(3) has itself appointed as a debtor-in-possession; or
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(4) has a trustee appointed for it after a petition has been filed for tenant's
reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any
future law of the United States having the same general purpose; or
(5) if Tenant(s) shall make an assignment for the benefit of creditors, then in any
such event Landlord shall have the right at its election, then or at any time thereafter, and while
such default, defaults or events shall continue, to give Tenant(s) notice of Landlord's intention to
terminate this lease and all Tenant(s) rights hereunder, on a date specified in such notice, which
date shall not be less than ten (10) days after the date of giving of such notice, and on the date
specified in such notice, the term of this lease and all rights granted Tenant(s) hereunder shall
come to an end as fully as if the lease then expired by its own terms, and Tenant(s) hereby
covenants peaceable and quietly to yield up and surrender to Landlord said leased premises and
all structures, buildings, improvements and equipment located thereon, and to execute and
deliver to Landlord such instrument or instruments as shall be required by Landlord as will
properly evidence termination of Tenant(s) rights hereunder or its interest therein. In the event
of termination of this lease as in this paragraph above provided, Landlord shall have the right to
repossess the leased premises and such structures, buildings, improvements and equipment,
either with process of law or through any form of suit or proceeding, as well as the right to sue
for and recover all rents and other sums accrued up to the time of such termination, and damages
for rent not then accrued. Landlord shall also have the right, without resuming possession of the
premises or terminating this lease, to sue for and recover all rents and other sums, including
damages, at any tirne and frorn time to time accruing hereunder.
14. Notices. Any and all notices required or permitted under this lease, unless otherwise
specified in writing by the party whose address is changed, shall be mailed, certified or
registered mail, or delivered, to the following addresses:
LANDLORD:
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
TENANTS:
Heather Crivello
538 Sargent Creek Road
Apartment A
Kodiak, Alaska 99615
Any such notices shall be deemed effective on the date of mailing or delivery.
15. Costs Upon Default. In the event either party shall be in default in the performance of
any of its obligations under this lease or an action shall be brought for the enforcement thereof,
the defaulting party shall pay to the other all the expenses incurred therefor, including a
reasonable attorney's fee.
In the event either party shall without fault on its part be made a party to any litigation
commenced by or against the other, then such other party shall pay all costs and reasonable
attorney's fees incurred or paid by such party in connection with such litigation.
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16. Rights or Remedies. Except insofar as this is inconsistent with or contrary to 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.
17. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed
in writing, no waiver by Landlord of any breach by Tenant(s) of any of its obligations,
agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of
the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord
to seek a remedy for any breach of Tenant(s) be deemed a waiver by Landlord of its rights or
remedies with respect to such breach.
18. Inspection. Landlord shall at all reasonable times during Tenant(s) business hours have
access to the premises for the purpose of inspection. Landlord shall also be entitled to put "to
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(s) a notice of intention to terminate
under paragraph 15 of this lease.
19. Notices of Nonresponsibility. Landlord may enter the demised premises at any time for
the purpose of posting notices of nonresponsibility.
20. Successors in Interest. This lease shall be binding upon and inure to the benefit of the
respective heirs, successors and assigns of the parties hereto.
21. Holding Over. In the event that the Tenant(s) holds over at or after the end of the term,
the tenancy shall be needed a month-to-month tenancy commencing on the first day of the
holdover period.
22. Memorandum of Lease. Tenant(s) agrees that Tenant(s) will not record this lease. At the
request of either Landlord or Tenant(s), 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 attorneys.
23. Estoppel Certificates. Tenant(s) shall, at any time and from time to time upon not less
than fifteen (15) days' prior request by Landlord execute, acknowledge and deliver to Landlord a
statement in writing certifying that this lease is in full force and effect and unmodified (or in full
force and effect and modified and stating the modifications), the dates to which the rent(s) and
any other charges have been paid in advance, the date Tenant(s) entered into occupancy of the
leased premises and the date the lease term expires, the nature and amount of any claims of
Tenant(s) against Landlord arising as a result of this lease, and the existence and nature of any
defenses or offsets claimed by Tenant(s) 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(s) fails so to certify within such fifteen (15) day period, Tenant(s) shall be deemed to
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have certified and admitted the accuracy of information submitted by Landlord in good faith to
any prospective purchaser or encumbrancer in respect to this lease.
24. Excuse for Nonperformance. 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, facilities,
materials or supplies in the open market, failure of transportation, strikes, lockouts, action by
labor unions, or laws or order of governmental agencies, or any other cause whether similar or
dissimilar to the foregoing which is not within the reasonable control of such party.
25. Construction of Lease. This lease shall be governed by and construed in accordance with
the laws 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
sense requires.
26. Security Deposit. An essential inducement to Landlord from Tenant(s) for this lease is a
security deposit by Tenant(s) in the amount of One Thousand Two Hundred dollars ($1200.00)
receipt of which by Landlord is hereby acknowledged and paid in advance of occupation of said
premises. Said deposit for security is for the full and faithful performance by the Tenant(s) of all
the covenants and terms of this lease required to be performed by Tenant(s). Such deposit shall
be held in a separate liability account in the Women's Bay Volunteer Fire Department asset
account (252-229-100 called Customer Deposits) and will be accounted for by the Kodiak Island
Borough. The deposit will be returned if the Tenant(s) has fully and faithfully carried out all of
its covenants and terms. If Tenant(s) does not fully and faithfully perform the covenants and
terms of this lease, Landlord may apply the aforementioned security deposit against damages
resulting from breaches of Tenant(s). In the event all or part of the security deposit is so applied,
Tenant(s) shall, upon demand, promptly pay to Landlord such amount as may be necessary to
replenish the security deposit to its original amount.
Pets are permitted with this lease. If the Tenant(s) has a pet in the apartment an
additional non-refundable payment shall be made of two hundred fifty dollars ($250.00).
In the event of a bona fide sale of the property of which the leased premises are a part, the
Landlord shall have the right to transfer such security deposit to purchaser to be held under the
terms of this lease, and, in that event, the Landlord shall be released from all liability for the
return of such security deposit to the Tenant(s).
The Tenant(s) may not assign or encumber the money deposited as security, and neither
the Landlord nor its successors or assigns shall be bound by any such assignment or
encumbrances.
27. Modification and Severability. This lease may be modified only as stated in a writing
signed by both Tenant and Landlord which states that it is an amendment to this lease. If any
provision in this lease is held invalid or unenforceable, the other provisions will remain
enforceable, and the invalid or unenforceable provision will be considered modified so that it is
valid and enforceable to the maximum extent permitted by law.
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28. Condemnation. If the Leased Premises shall be taken or condemned for any public
purpose to such an extent as to render the Leased Premises untenantable, this Lease Agreement
shall, at the option of either party, cease and terminate as of the date when possession is taken.
All proceeds from any taking or condemnation of the Leased Premises shall belong to and be
paid to Landlord, and Tenant(s) shall have no right to any portion of the amount that may be
awarded or paid to Landlord as a result of such taking. Tenant(s) shall be entitled to pursue any
and all damages from the condemner personal to Tenant resulting from condemnation.
29. Subordination and Non disturbance. This lease and all of the rights of Tenant(s)
hereunder are and shall be subject and subordinate to the lien of every deed of trust and every
mortgage now or hereafter placed on the demised premises or any part thereof (except the
property of Tenant(s) and others stated to be removable under paragraph 4 of this lease), and to
any and all renewals, modifications, consolidations, replacements, extensions or substitutions of
any such mortgage or deed of trust ("encumbrances").
30. Military Clause. It is understood that Tenant is a member of the United States Coast
Guard on extended active duty and hereafter Tenant receives permanent change of station orders
to depart from the area where the Premises are located, or is relieved from active duty, retires or
separates from the military, or is ordered into military housing, or is deployed for more than 90
days, then in any of these events Tenant may terminate this lease upon giving thirty (30) days
written notice to Landlord. Tenant shall also provide to Landlord a copy of the official orders, or
a letter signed by Tenant's commanding officer reflecting the change which warrants termination
under this clause. Tenant will pay prorated rent for any days he/she occupies the dwelling past
the first day of the month. The damage/security deposit will be promptly returned to Tenant
provided there are no damages to the Premises.
„d
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this � day of
December, 2021.
TENANT:
WOMENS BAY FIRE PROTECTION DISTRICT:
Jason handler
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LANDLORD
THE KODIAK ISLAND BOROUGH
Interim Borou Manager, David nrad
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!sK—AA 1�
ATTACHMENT A
1. Rental agreement requires the payment of the first and last month's
rent at the time of lease signing or prior to the occupation of the
premises.
2. There is required at the time of lease signing or before occupation of
the premises a $250.00 refundable cleaning deposit.
3. No pets are allowed in the rental unit.
4. Tenant is approved for the proration of the rental rate to
reflect the through period for $
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