FY2025-64 Lease Agreement For 720 Egan Way With American National Red CrossCONTRACTS TRANSMITTAL FORM
RETENTION SCHEDULE: CL -09 CONTRACTS
Records related to obligations under contracts, leases, and other agreements between the Borough and outside parties,
successful bids, and proposals. Active records are kept by the corresponding department. Apply retention (plus 4 years) once
contract or agreement expires, or once product is procured. Apply retention (plus 25 years) for agreements that involve
real property.
DATE: 05/28/25 TRANSMITTED BY: Aimee Williams
DEPT: Manager
CONTRACT NO.: FY 25 VENDOR OR CONTRACTOR: American National Red Cross
CONTRACT TITLE(Please provide details that are available such as purpose and/or the amount):
Lease Agreement for 720 Egan Way.
Administrative contracts are contracts approved by the manager that are within the spending
authority allowed by code. Assembly approved contracts are beyond the manager's spending
authority and require approval by the Assembly during a meeting.
APPROVED BY: Administrator DATE OF APPROVAL: 05/28/25
TYPE OF CONTRACT: Lease
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
July 1, 2025 - June 30, 2028 - Initial with option for two one-year extensions
EXPIRATION OR REVIEW DATE:
06/30/2028
PURGE DATE: 06/30/2035
If there's no expiration date or the contract is open-ended, enter 9999 in the date field and explain when
it should be flagged for review:
(Purge date is assuming contract is extended for both option years)
Are all relevant attachments, exhibits, referenced documents attached?
Are the successful bids and proposals incorporated in the attachments?
ONLY COMPLETE THIS SECTION IF THE RECORD AMENDS, EXTENDS, IS A
CHANGE ORDER, OR AN ADDENDUM TO AN EXISTING CONTRACT
DATE: REQUESTED BY:
CONTRACT NO.: FY CATEGORY: Select One
APPROVED BY: Select One TYPE OF CONTRACT: Select One
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE:
PURGE DATE:
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Rev. 04/09/20:
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this day ofAAM 2025, by 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:
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 office space of approximately six hundred fifty-five and one half (655.5) square feet
consisting principally of a reception area, two offices, a bathroom, a kitchenette, miscellaneous
storage and a proportional share of the designated conference room space consisting of an
additional two hundred eighty-one and one-quarter (281.25) square feet for a total of
nine hundred thirty-six and three-quarter (936.75) square feet in the Borough Annex Building
located at 720 Egan Way including the parking area associated with the building located on the
following described real property:
A portion of Lot Five A One B (5A -1B), USS 2538A, Kodiak Recording District, Third Judicial
District, State of Alaska (Plat 2012-14).
The aforesaid office space, hereinafter referred to as the leased premises, is more specifically
depicted or outlined on the floor plan attached hereto as Exhibit A.
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 three (3) year following
the commencement of the term, unless sooner terminated as hereinafter provided. The term of the
lease shall commence on July 1, 2025,and shall expire at 5:00 P.M., Alaska Standard Time on June
30, 2028. 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. Tenant shall have the option to extend the
initial term of lease for up to two (2) additional one (1) year periods 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.
4. 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 one thousand, one hundred twenty-four dollars and ten cents
($1,124.10) in advance, on or before the first day each month of the lease term.
All rents, unless and until otherwise directed in writing by Landlord, shall be paid to the Landlord
KIB Lease Agreement: The American Red Cross Page 1 of 9
at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from
time to time in writing.
Landlord reserves the right to increase the rent cost based on cost increases on an annual basis.
A ninety (90) day notice will be provided to Tenant before the change is made.
S. 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 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
at the termination of the lease, at Tenant's expense, and Tenant 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 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 upon termination of the lease shall be deemed
abandoned by Tenant, provided that Tenant shall save Landlord harmless from any loss, cost, or
damage arising from Tenant's failure to remove such items.
6. Use of Premises. The leased premises shall be used for general office space, and for no
other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the leased
premises or any part thereof to be used for any purpose in violation of any municipal, borough, state,
federal or other governmental law, ordinance, rule or regulation. 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 violation 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 the
highest standards applicable to the leased premises, or 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.
In the event Tenant's use of the leased premises causes an increase in Landlord's fire or hazard
insurance premiums; Tenant shall reimburse Landlord for the amount of such increase.
7. Taxes. Tenant shall pay any and all taxes levied on personal property and trade or
other fixtures in the leased premises, and any license and excise fees and occupation taxes covering
business conducted on the leased premises, and as additional rent, an amount equal to any sales taxes
on rentals payable hereunder.
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8. Utilities. Landlord shall furnish, at its expense, the following utilities and services for
normal office use of the leased premises:
a. Electridty for normal lighting and office use. Special or additional electrical requirements
shall be paid by Tenant.
b. Heat, snow removal for common areas, and sewer and water based on normal office
use.
Tenant shall provide at his expense all other utilities and services used at the leased premises,
such as phone, cable, and internet.
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 or relieve
Tenant from any obligation hereunder.
9. 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 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 shall commit no waste of any kind in or about the leased
premises, and Tenant 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 shall surrender the
leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the
termination of this lease, Tenant 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 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, his employees, agents,
licensees or invitees.
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 or to Tenant's business except to the extent
attributable to Landlord's negligence.
Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under
Tenant for any loss or damages to either the person or property of Tenant 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 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
KIB Lease Agreement: The American Red Cross Page 3 of 9
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.
10. 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, and 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
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 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.
In the event restoration or repair is delayed by acts or omissions of Tenant, 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, then notwithstanding other provisions of this lease, Tenant
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, 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 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.
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, or a breach of this lease, but Tenant's obligation to pay rent shall be abated during
such period of time as Tenant 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.
11. Subletting and Assignment. Tenant 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
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such subletting or assigning; any such assignment or sublease without Landlord's written consent shall
be void.
If Tenant 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.
12. Indemnification. Tenant shall indemnify, defend, and hold harmless the Landlord, its
officers, employees, and agents from any legal liabilities, including reasonable attorney fees for bodily
injuries to any person or persons, death or damage to property arising at any time during and/or arising
out of or in any way connected with Tenant's negligent use or occupancy of the Premises. Tenant shall
procure and maintain commercial general liability insurance coverage, which coverage, pertaining to
the leased premises, shall not be less than $250,000 per person for bodily injury or death, $500,000
per occurrence for bodily injury or death, and $100,000 for property damage. Landlord shall be named
as an additional insured in such policy or policies. 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 to Landlord for approval. Certificates shall state that the policy or policies will be canceled
according to the policy provision. Maintenance of such insurance and the performance by Tenant of the
obligation under this paragraph shall not relieve Tenant of liability under this indemnity agreement.
13. 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 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 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.
14. Liens. Tenant 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 or claimed to
have been furnished to Tenant, or to Tenant's agents, contractors, or sublessee, 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; provided, however, Tenant shall have the right to contest
the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant 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 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.
15. Default. If Tenant 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
from complying with the terms of this lease) shall:
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a. Fail to make payment of any installment of rent or of any other sum herein specified to
be paid by Tenant, and Tenant 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
written notice specifying such default or defaults, Tenant shall not have commenced to
cure such default and proceed diligently to cure the same; or
c. If Tenant has filed a Petition under Chapter 11 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
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
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 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 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 hereunder shall come to an end as fully
as if the lease then expired by its own terms, and Tenant 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 time and from
time to time accruing hereunder.
16. 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:
111 -MI G1371
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
TENANT:
Director, Lease Administration
The American National Red Cross
9450 SW Gemini Drive, #75048
Beaverton, OR 97008-7105
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With an email copy to: Real.Estate@redcross.org
And for issues requiring legal notice (e.g., default), a copy to:
Office of the General Counsel
The American National Red Cross
2025 E Street, NW
Washington, DC 20006
Attention: Real Estate Counsel
And a copy (as to communications regarding maintenance and repair
issues) to: The Premises
Any such notices shall be deemed effective on the date of mailing or delivery.
17. 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.
18. 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.
19. Waiver and Forbearance. Except to the extent that Landlord may have otherwise
agreed in writing, no waiver by Landlord of any breach by Tenant 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 be deemed a waiver by Landlord of its rights or remedies with respect to such
breach.
20. 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 a notice of intention to terminate under paragraph 15 of this
lease.
21. Notices of Non -responsibility. Landlord may enter the demised premises at any time
for the purpose of posting notices of non -responsibility.
22. 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.
23. Holding Over. In the event that the Tenant 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.
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24. Sians. Landlord shall provide one sign for the Tenant. Tenant agrees that any other
sign or signs installed on the demised premises shall be with the consent of the Landlord.
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
attorneys.
26. Estoppel Certificates. Tenant 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 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 and 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 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.
28. Security Deposit. An essential inducement to Landlord from Tenant for this lease is a
security deposit by Tenant in the amount of No dollars ($0.00), receipt of which by Landlord is hereby
acknowledged. Said deposit for security is for the full and faithful performance by the Tenant of all the
covenants and terms of this lease required to be performed by Tenant. Such security deposit shall be
applied to the last month's rental after the expiration of this lease if Tenant has fully and faithfully carried
out all of its covenants and terms. If Tenant 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. In the event all or part of the security deposit is so applied, Tenant shall, upon
demand, promptly pay to Landlord such amount as may be necessary to replenish the security deposit to
its original amount.
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.
The Tenant 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.
29. Construction of Lease. This lease shall be governed by and construed in accordance
KIB Lease Agreement: The American Red Cross Page 8 of 9
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.
30. Condemnation. If the Leased Premises shall be taken or condemned for any public
purpose to such an extent as to render the Leased Premises un -tenantable, 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 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 shall be entitled to pursue any and all damages from the condemner
personal to Tenant resulting from condemnation.
31. Subordination and Non -disturbance. This lease and all of the rights of Tenant 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 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").
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 7-11day of
AAAA 2025.
TENANT:
THE AMERICAN RED CROSS
LANDLORD:
KODIAK ISLAND BOROUGH
Digitally signed by Joseph D. Ward, Executive
D
DN:
cn-
Joseph D.Ward, Executive
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oAmerican National Cmss, u=Real Estate
Services.email?jea.wrdl-redsos.o512
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Printed: Joseph D. ward Aimee Williams
Executive Director -Real Estate Services
Title: Borough Manager
ATTEST:
-fw Nova Javier, MMC
Borough Clerk
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American
Red Cross National Headquarters
431 18th
Street, NW
Washington. DC 20006
DELIVERED VIA EMAIL
May 27, 2025
The Kodiak Island Borough
Attn: Aimee Williams, Borough Manager
710 Mill Bay Road, Kodiak, AK, 99615
awillianis@kodiakak.us
907-486-9302
Notice to Terminate Lease Agreement dated July 01, 2016 (the "Lease'), by and between The
American National Red Cross ("Lessee") and Kodiak Island Borough ("Lessor") for rentable
area located at 610 Mill Bay Road, Kodiak, AK 99615 (the "Premises").
Aimee,
Please be advised that the License shall be deemed terminated effective 06/30/2025; "Expiration
Date" and Licensee shall vacate Premises on or before the Expiration Date.
Jay Kurtz and Bill Morrow will be your point of contact to conduct a final walk through and
return any keys. Jay can be reached via email at iay.kurtz@redcross.org or via phone at 712-739-
0772. Bill can be reached via email at bill.morrow@redcross.ore or via phone at 907-841-4733.
Thank you for your support of The American National Red Cross.
Regards,
Joseph D. Ward
Executive Director, Real Estate Services
Phone: (440) 487-4492