FY2013-16 Lease Agreement Between KIB And Kim DeYoung For Womens Bay Fire Hall Apartment&N; � 4 - / eael.-7-. /�'
LEASE AGREEMENT
THIS LEASE AGREEMENT 1s made this fifteenth day of January, 2013 by and between
THE KODIAK ISLAND BOROUGH, a borough organized under the Imus of the state of
Alaska, hereinafter called Landlord, and Y,,ieYou., 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:
. Premises. Landlord, for and in consideration ofthe rents, covenants a.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 door of the
Women's Bay Fire hall located at 538 Sargent Creek Drive on the following described
real property:
Lot 2, Block 2, Tr. A, Bells Flats Subdivision., Kodiak Recording District, Third Judicial
District, State of Alaska (Plat # 81- .
Tenant, upon paying the rents, and perforni.ng all of the terms and covenants on this part
to be performed, shall peaceably and quietly enjoy the leased premises subject nevertheless, to
the terns of this lease, and to any deed of trust or mortgage to which this lease is subordinated.
2. Tenn of Lease. The terra of the lease shall be for the period of fourteen I months
following the commencement encement of the term, unless sooner t n.in.at d as hereinafter provided. The
terra of the lease shall commence on January 15, 2013, and shall expire at :oo P.M., Alaska
Standard Time on June 30, 2013. Upon agreement of both parties, the lease is renewable for a
period of one I year (until June 30, 2014).
In the event the foregoing commencement provision results in a commencement date
other than on the first day of a calendar moth, the rent shall be immediately paid for such initial
fractional month prorated on the basis of a thirty 3 day month. This provision can he waived
at the request of the tenant to the Worn ens Bay Fire Protection District representative.
Unless otherwise provided in Sectio. 31 (Military Clause), the lease can be sooner
tem-unated upon sixty 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 reoccupancy. If the vacancy extends beyond the tern
specified in the60-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 o days pr'or to the lease expiration.
. 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
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hereinabove described the sum of Eleven hundred dollars $ I j 00.00) in advance, on or before
the first day of each month of the lease terra.
All rentals, unless and until otherwise directed in wn'ting 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.
. Alteration of Premises. Tenant shall of 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 rade at T rant"s
expense. Tenants shall secure all govemme tal permits required in connection with such work,
and shall hold Landlord harmless from all liability and liens resulting therefrom. All alterations,
additions and improvements, its, 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 pair therefor, except that Landlord may require removal of
all or part thereof by Tenant at the t rrninati n of the lease, at Terrains expense, and
Tenants shall pay for or repair any damages to the leased premises, including, without
limitation, any necessary patching, repainting, and repain'ng caused by such. removal. Upon
removal of the trade fixtures and appliances and equipment which do not become attached to the
building, Tenants shall restore the leased premises to the same condition that they were in pr'or
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 Tenants upon termination of the lease shall be deemed abandoned by
Tenant(s), provided that Tenants 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 Landlord. Tenants shall not use or
permit the leased premises or any part thereof to be used for any purpose in violation of ars
municipal, borough, state, federal or other govemmental law, ordinance, rale or regulation.
Tenants agrees that Tenant(s), together with all other persons entering and/or occupying the
leased premises at Tenant(s) request or with Tenant permission, will abide by, keep and
observe all reasonable rules and regulations which Landlord may rake 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 Tenants. 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, except in compliance with 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(s) is engaged, nor shall
Tenant(s) 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(s) will be out of town or otherwise absent from the premises for more than tern
(10) days, Tenants will notify in advance the Wome .s Bay Fire Service District Board.
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In the evert Tenant(s) use of the leased premises causes ars increase in Landlord's fire or
hazard insurance premiums; Tenants shall reimburse Landlord for the amount .t of such increase.
. Utilities. Landlord shall furnish, at its expense, the following utilities and services for
non -nal office use of the leased premises:
(a) for normal lighting and residential use. Special or additional
electrical requirements shall be paid bTenant(s).
(b) Heat from fuel oil based on .normal residential use.
Tenant 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 mating of
repairs, alterations, or improvements, or arising from any accident, strife, 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 Te .ants from any obligation hereunder.
7. Maintenance and Rqpairs. 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 tames in good condition and
repair, all in accordance with the laws of the State of Alaska and all directions and regulations of
g v r mental 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 Tenants misuse or neglect of the leased
premises, its apparatus or appurtenances. At the expiration ofthe 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.
Landlord shall not be responsible or liable at any time for any loss or damages t
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 Tenants 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
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to any person or to any property of Tenant(s) or other person caused by or resulting from
bursting, Breakage or by or from leafage, 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 aets of mature 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 duelling 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 beep 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.
. Fire and Other Casu�. Should the leased premises be damaged by fire or other
casualty, and if the damage is repairable within four weeks from the date of occurrence (with
the repair work and the preparations therefore to be done d reg 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 ars extent that the damage
cannot be repaired within the four weeks of the occurrence, Landlord shall have the option to
terminate this lease, and Landlord shall advise Tenants within thirty 3 days after the
bappening 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 tennination 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 hears to the whole thereof t
In the evert restoration or repair is delayed by acts or omissions of Tenant(s), there shall
e no abatement of rental d reg the period of such delay. If the fire or damage is caused by the
carelessness, negligence or improper conduct of Tenant(s), thea notwithstanding other provisions
of this lease, Tenant(s) shall remain liable for the rent, without abatement, drag any period of
repair or restoration.
If the Landlord, in its discretion, shall decide within thirty 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 anter the
building containing the leased premises, thea upon written notice given by Landlord t
Tenant(s), this lease shall terminate on a date specified in such notice, but no sooner than thirty
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(30) days from the date of such notice, as if that date had been o .gi a ly fixed as the expiration
date of the term herein leased. Tenants 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, bo vever, that this paragraph shall be inapplicable if it would have the effect,
but only to the extent that it would have the effeet, 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
Tenants 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 o
the leased premises as a result of such restoration or repair work.
9. 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 lav 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
ritten consent shall be void.
If Tenants 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. Indem-nification. Tenants agrees to protect, defend, indemnify and save harmless
Landlord from and against any and all claims no matter bow 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 occumng on the
leased premises, or in any manner arising out of Te .ants use and occupation of said premises,
or the condition thereof, during the terra of this lease. Tenants shall procure and maintain
renter's insurance coverage. Said renter"s insurance shall include liability coverage of one
bundred 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 Tenants to Landlord
for approval. Certificates shall state that the policy or policies will not be canceled or altered
without at least thirty 3 days, prior written. notice to Landlord. Maintenance of such insurance
and the performance by Tenants of the obligation under this paragraph, shall not relieve
Tenants 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 dose the common areas to
effect such changes.
All common areas and facilities which Tenants 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 suer license be revolved or if the amount of such areas be changed or diminished, Landlord
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shall not be subject to any liability nor shall Tenants) 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. Diens. Teats 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 Tenants, or to Tenants agents, contractors, or sublessee, i
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,
Tenants shall have the right to contest the validity or amount of any such lien or claimed lien.
In the event ofsuch. contest, Tenant(s) shall give to Landlordsuch reasonable security as may be
demanded by Landlord to insure payment of such lien or such claim of lies.. Tenants 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 a.r*sing out of, incident to,
or connected with the use and occupation of the leased premises by Tenants.
13. Default. if Tenants at any time during the term of this lease (and regardless of the
pendency of any bankruptcy, reorganization, re Iver i , insolvency or other proceedings, in
law, in equity or before any administrative tribunal, which have or might have the effect of
preventing Tenants from complying with the terms of this lease) shall
(a) Fail to make payment of any installment ent of rent or of any other surra herein
specified to be paid by Tenants, and Tenants fails to cure suet default within ten (1 0)
days after such failure to male payment: or
(b) Fail to observe or perforin any of Tenant(s) other covenants, agreements
or obligations hereunder, and if within thirty o days after Landlord shall have given to
Tenant(s) written notice specifying such default or defaults, Tenants 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 l l of Bankruptcy Act, l l
O.S.C. 701 et seq., or a voluntary petition under any other provision of said Bankruptcy
Act, or if Tenants finally and without further possibility to appeal or review:
(1) 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 Tenants 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 lav of the United States having the samegeneral purpose; or
(5) if Tenant shall make an assignment for the benefit of creditors, then
in any such event Landlord shall have the fight 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 Tenants rights hereunder,
on a date specified in such notice, whieb date shall not be less than ten (1 0) 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 ars end as fully as if the
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lease thea expired by its own terns, and Tenant(s) hereby covenants peaceable and
quietly to geld 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 he required by Landlord as will properly
evidence tenni atio . of Tenant(s) rights Thereunder or its interest therein. In the evert of
termination of this lease as in this paragraph above provided, Landlord shall have the
rig .t to repossess the leased premises and such structures, buildings, improvements and
equipment, .t, either with process of law or through any form of suit or proceeding, as well
as the right to sue for and recover all reacts and other suns accrued up to the time of such
termination, and damages for rent not then accrued. Landlord shall also have the right,
without resuining 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.
14. Notices. Any and all notices required or permitted under this lease, unless otherwise
speeified 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
10 Mill Bay Road
Kodiak, Alaska a 9961
TENANTS
Kip. DeYoung
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 ply 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
Treasonable attorney" 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, thea such other party shall pay all costs and reasonable
attorney's fees incurred or paid by such party In connection with such litigation.
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 fight 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 waive- by Landlord of any breach by Tenant(s) 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
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to seek a remedy for any breach of `eats) 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's or "for lease" signs in and about the leased premises, and to show the leased premises to
prospective tenants, during the last sixty days of the lease term and any extended terra, 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 Nonrespo si iii y. Landlord may enter the demised premises at any time for
the purpose of posting notices of no.itiresponsibility.
2. 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.
1. Holding Over. In the event that the Tenant(s) holds over at or after the end of the tern,
the tenancy shall be needed a month-to-month .th to ary commencing on the first day of the
holdover period.
23. Memorandum of Lease. Tenants 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.
24. Estoppel Certificates. Tenant(s) shall, at any time and from time to time upon not less
than. fifteen 1 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 slate the lease term expires, the nature and amount of any claims of
'eats against Landlord arising as a result of this lease, and the existence and nature of any
defenses or offsets claimed by 'tenants against enforcement ent 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
Tenants Fails so to certify within such fifteen 1 day period, Tenant(s) 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.
25. Excuse for Noperrforn.c. Either party hereto shall be excused from performing any
or all of its obligations hereunder with respect to any repair and constr ction work required
under the terms of this lease for such times the perforinance of any such obligation is prevented
or delayed by ars act. of God, floods, explosion the elements, war, invasion., insurrection', not,
rob violence, sabotage, terrorist activity, inability to procure labor, equipment, facilities,
materials or supplies in the open market, failure of transportation, strikes, lockouts, action by
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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.
26. 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 ran 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.
27. Security Deposit. An essential inducement to Landlord from Tenants for this lease is a
security deposit by Tenant(s) in the amo-unt of One Thousand One Hundred dollars 100.00),
receipt of which by Landlord is hereby acknowledged and paid in advance of occupation of said
premises. Said deposit for security is for the fall and faithful perfor ance by the Tenants 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 Kodi ak Island
Borough. The deposit will be ret mel if the Tenants has fully and faithfully carried out all o
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,
Tenants shall, upon demand, promptly pay to Landlord such amount as may be necessary to
replenish the secr'tr deposit to its original amount.
No 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 dollars $200.00 .
In the event of a bora 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
terns of this leaser and, in that event, the Landlord shall be released from all liability for the
return of such security deposit to the Tenant(s).
The Tenants 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. Condemnation. If the Leased premises shall be taken or condemned for any public
purpose .to such ars extent as to reader 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 Te ants shall have no right to any portion of the amount that may be
awarded or paid to Landlord as a result of such taking. . Tenants shall he entitled to pursue any
and all damages from the condemner personal to Tenant resulting from condemnatioll.
. Subordination and Nondisturbance. 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 Tenants and others stated to be removable under paragraph 4 of this lease), and to
any and all renewals, modifications, consolidations, replacements, extensions or substitutions o
any such mortgage or deed of trust "encumbrances".
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31. Militaa Clause. It is understood that Tenant is a. member of the United Statixs Coast
Guard on extended active duty and hereafter Tenant receives pennan.ent 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 9
days, then in any of hese events Tenant may terminate this lease upon giving thirty o 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 he promptly returned to Tenant
provided there are no damages to the Premises.
TENANT:
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
day of 013.
OMENS BAY FIRE P TC ION l,'S IC :
r
5
David Conrad
LANDLORD
THE KODIAK ISLAND Ro ,. G
eA le
Borough Manager, Charles E. 5s'dy
A'S:
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orough Clerk, Lova Javier
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