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FY2026-01 Lease Agreement For Kodiak Fisheries Research Center Room #205 (Wet Lab) With Kodiak Regional Aquaculture AssociationCONTRACTS 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: 06/16/25 TRANSMITTED BY: Meagan Christiansen DEPT: Select One CONTRACT NO.: FY 2026-01 VENDOR OR CONTRACTOR: Kodiak Regional Aquaculture Association CONTRACT TITLE(Please provide details that are available such as purpose and/or the amount): Lease Agreement for KFRC Room #205 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: 06/23/25 TYPE OF CONTRACT: Lease PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW: two options for one year renewal EXPIRATION OR REVIEW DATE: 06/30/2028 PURGE DATE: 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: The initial lease term expires 6/30/2028 and includes two options to renew/extend for one yea Are all relevant attachments, exhibits, referenced documents attached? ❑1 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 m7_r N Z CONTRACT NO.: FY REQUESTED BY: 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. 04/09/2025 0 6 �.'iyvvpv c-< 6- C) I LEASE AGREEMENT THIS LEASE AGREEMENT is made this 14— day of Jupir-- 2025, between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and Kodiak Regional Aquaculture Association (KRAA), 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: The improved real estate located within the Kodiak Fisheries Research Center (KFRC) on Tract A of Tract B -1-A, U.S. Survey 4947 according to Plat 2013-4 in the Kodiak Recording District, Third Judicial District, State of Alaska, more particularly described as the Wet Lab (Room #205) totaling 682 square feet, as illustrated in Exhibit "A" (attached hereto and by this reference made a part hereof), together with the use of common areas including but not limited to access thereto, stairwells, hallways, restrooms and commensurate parking. 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) years 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 at the rate of two dollars and forty-two cents ($2.42) per KIB Lease Agreement: KRAA — KFRC Lab Page 1 of 11 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. 8. 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 office use. Special or additional electrical requirements shall be paid by Tenant. b. Heat, sewer and water, and refuse collection based on normal office use. C. Snow removal for common areas. Tenant shall provide at his expense all other utilities and services used at the leased premises. 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. KIB Lease Agreement: KRAA — KFRC Lab Page 3 of 11 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 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 KIB Lease Agreement: KRAA — KFRC Lab Page 5 of 11 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 S) 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. 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, KIB Lease Agreement: KRAA— KFRC Lab Page 7 of 11 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 Nonresponsibility. 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 tenacy commencing on the first day of the holdover period. 24. 5iens. 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 to certify within such fifteen (15) day period, Tenant shall be deemed to have KIB Lease Agreement: KRAA— KFRC Lab Page 9 of 11 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 Nondisturbance. 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 k -z> day of TwN o , 2025. TENANT: Kodiak Regional Aquaculture Association Tina Fairbanks 9��° 2 - Executive Director LANDLORD: KODIAK ISLAND BOROUGH Aimee Williams Borough Manager ATTEST: Nova Javier, MMC Borough Clerk KIB Lease Agreement: KRAA— KFRC Lab Page 11 of 11