1997-43 Lease Agreement Between KIB And Alaska Department of Fish and Game Including AmendmentsSTATE OF ALASKA
AMENDMENT TO LEASE
LEASE NUMBER 2708
Contract No. FY1997-43D
This agreement, to be known as Amendment Number One (01) to the existing lease,
entered into on the 1st day of November 2019, by and between:
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
hereinafter called the Lessor, and
STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES —11
DIVISION OF FACILITIES SERVICES
550 WEST 7T" AVENUE, SUITE 200
ANCHORAGE, ALASKA 99501-3571
hereinafter called the Lessee, covering:
Approximately 1,330 usable square feet of office space plus three (3) parking spaces,
located at the Near Island Research Facility, at Kodiak, Alaska, more particularly
described as the Wet Lab (Room # 101) and the Microscope Room (#102). Legally
described as: Tract 13-1A, U.S. Survey 4947 according to Plat 2010-8 in the Kodiak
Recording district, Third Judicial District, State of Alaska.
OFFICIAL STATE BUSINESS -- NO RECORDATION CHARGE LEASE NO. 2708
After Recordation, Return Document To: Amendment No. 02
State of Alaska - Department of Transportation & Public Facilities Pagel of 4
Division Facilities Services
Leasing Section
550 West 7t' Avenue, Suite 200
Anchorage, AK 99501-3571 2708 A01 renewal & rate schedule Renewal & Rate Schedule
Initial %Ae Initi"e-z
THIS AMENDMENT SHALL
1. Recognize Amendment Number One (01) signed on September 1, 2023 is deleted in
its entirety and replaced with this Amendment Number One (01).
2. Renew this lease for a period of five (5) years utilizing renewal option two (2) of two
(2) beginning October 1, 2023, through September 30, 2028, in accordance with the
provisions of Paragraph 2 of Section 2. Terms of Lease of the Lease Agreement 8197
which was transferred to Lease 2708.
3. Recognize the schedule of annual payments is:
Monthly Rate
Term Period
Annual Rate
(monthly rate x 12 months)
$5,311.04
10.01.2023 to 09.30.2024
$63,732.45
$5,443.81
10.01.2024 to 09.30.2025
$65,325.76
$5,579.91
10.01.2025 to 09.30.2026
$66,958.91
$5,719.41
10.01.2026 to 09.30.2027
$68,632.88
$5,862.39
10.01.2027 to 09.30.2028
$70,348.70
All other terms and conditions of the lease remain the same.
OFFICIAL STATE BUSINESS -- NO RECORDATION CHARGE LEASE NO. 2708
After Recordation, Return Document To: Amendment No. 02
State of Alaska - Department of Transportation & Public Facilities Page 2 of 4
Division Facilities Services
Leasing Section
550 West 7"' Avenue, Suite 200
Anchorage, AK 99501-3571 2708 A01 renewal & rate schedule Renewal & Rate Schedule
Initial Initial
Lessor: KODIAK ISLAND BOROUGH Lessee: STATE OF ALASKA
By: �-�I By.
Aimee Williams Jacqueline "Jackie" Lea
Manager Contracting Officer III
Date: Se �^- �`� 20 3 Date:
I Col.-
(0,.4
ova MM. Javier, M C
ACKNOWLEDGMENT O : KODIAK ISLAND BOR UG
STATE OF ALAE: IID'jl a-� ��'qSK�
CITY OF KODIA
This is to certify that on this ly"' day of Seo -,t -en-► 12&r— , 2023 before me a
Notary Public in and for the State of Alaska duly commissioned and sworn personally appeared Aimee
Williams to me known and known by me to be the person(s) described in and who executed the
instruments set forth above and severally stated to me under oath that he is an Anent and that he has
been authorized by Kodiak Borough to execute the foregoing lease amendment for and on behalf of
the said company, corporation, individual, or other entity and they executed same freely and voluntarily
as a free act and deed of Same.
WITNESS my hand and official seal the day and year this certif
4A49 /i u
N6tary ublic or Alaska
My Commission Expires: �_,;A Q&&C
Residing at:
ffkls
N9PUBLIC�
O IFIIIII �: \\
OFFICIAL STATE BUSINESS -- NO RECORDATION CHARGE LEASE NO. 2708
After Recordation, Return Document To: Amendment No. 02
State of Alaska - Department of Transportation & Public Facilities Page 3 of 4
Division Facilities Services
Leasing Section
550 West 7t' Avenue, Suite 200
Anchorage, AK 99501-3571 2708 A01 renewal & rate schedule Renewal & Rate Schedule
Initial, Initial
ACKNOWLEDGMENT BY LESSEE: STATE OF ALASKA
STATE OF ALASKA
MUNICIPALITY OF ANCHORAGE
This is to certify that on this 15th day of September , 2023 before
me a Notary Public in and for the State of Alaska duly commissioned and sworn, personally appeared
Jacqueline "Jackie" Lea, Contracting Officer Ill, to me known and known by me to be the person
described in the executed instruments set forth above as an agent of the Department of
Transoortation & Public Facilities for the State of Alaska and that this person has been authorized by
the State of Alaska to execute the foregoing lease amendment on behalf of said State of Alaska and
that this person executed the same freely and voluntarily as the free act and deed of the State of Alaska.
WITNESS my hand and official seal the day and year this certificate first
Notary Public for Alaska
My Commission Expires with Office
Residing at: Anchorage. Alaska
OFFICIAL STATE BUSINESS -- NO RECORDATION CHARGE
After Recordation, Return Document To:
State of Alaska - Department of Transportation & Public Facilities
Division Facilities Services
Leasing Section
550 West 7t' Avenue, Suite 200
Anchorage, AK 99501-3571
Initial N Initial 4Z
LEASE NO. 2708
Amendment No. 02
Page 4 of 4
2708 A01 renewal & rate schedule Renewal & Rate Schedule
Lease 1997-43D
or r.,e
STATE OF ALASKA
A°' STANDARD LEASE FORM
0.l'` LEASE 2708
�Y r
A I.• �
THIS LEASE. entered into this 65 day of November 2019, by and between
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
hereinafter called the Lessor, and
STATE OF ALASKA
DEPARTMENT OF ADMINISTRATION —11
550 WEST 7th AVENUE SUITE 200
ANCHORAGE, Alaska 99501-3571
hereinafter called the Lessee
The Lessor hereby leases to the Stale of Alaska the following described premises:
Approximately 1,330 usable square feet of office space plus three (3) parking spaces,
located at the Near Island Research Facility, at Kodiak, Alaska, more particularly
described as the Wet Lab (Room # 101) and the Microscope Room (#102). Legally
described as: Tract B -1A, U.S. Survey 4947 according to Plat 2010-8 in the Kodiak
Recording district, Third Judicial District, State of Alaska.
OFFICIAL STATE BUSINESS — LEASE No. 2708
Stale of Alaska - Department of Administration Page i of 4
Shared Services of Alaska
Leasing Section
550 West 7th Avenue, Suite 200
Anchorage, AK 9995501-3571 2708 Lease.doc
Initial initial
COVENANTS OF THE LEASE
1. Recognize that, for administrative tracking purposes, effective November 1, 2019,
Lease No. 8197 transferred to Lease No. 2708
2. Recognize that all terns and conditions of Lease No. 8197, copy attached, are
hereby made part of Lease 2708 and are binding upon the Lessee and Lessor, their
agents or assigns.
3. Recognize that an behalf of the Department of Fish and Game, the Department of
Administration, Shared Services of Alaska, shall make annual payments to the
Lessor per the following schedule:
a, For the period October 1, 2020 through September 30, 2021; the annual lease
rate shall be $61,078.00.
b. For the period October 1, 2021 through September 30, 2022; the annual lease
rate shall be $61,628.00.
c. For the period October 1, 2022 through September 30, 2023; the annual lease
rate shall be $62,178.00.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year written below.
Lessor: DI F(Jkvi�
ey: Date:
Title: Q1Orol.yC MQna , A.
OFFICIAL STATE BUSINESS — LEASE No. 2708
State of Alaska - Department of Administration Page 2 of 4
Shared Services of Alaska
Leasing Section
550 West 7th Avenue, Suite 200
Anchorage, AK 99995501-3571 2708 Lease.doc
Initial _ initial _7
Lessee: STATE OF ALASKA
By: za/k c . &kr-s
Rashaad Esters
Contracting Officer II
ACKNOWLEDGMENT OFLESSOF
STATE OF ALgS}tA le
CITY OF K • r�%
Date: _ / / ! / /Z O 1 `-7
This is to certify that on this 3 f day of D e r aro 6!7 , 2019 before me a
NotaryPu4�Jc in and the Slate of Alaska duly commissioned and swam personally
appeared Nre��y.r, 40,;23 to me known and known by me to be the person(s)
described in and who executed the Instruments set forth above and severally stated to me under oath
that (he/she) is and that (he/she) has been authorized by
to execute the foregoing lease amendment for and on behalf of
the said company, corporation, Individual, or other entity and they executed same freely and voluntarily
as a free act and deed of Same.
WITNESS my hand and official seal the day and year this certifical Irsl above w7n elf'
91 LISA LEIMEH
� Notary Pum¢
Pl
Notary Ic f—e�laska My Commiss%neEil Alaska
My Commission Ex Tres: ? o p les sep 26, 2033
Residing at: C.2--oS.NAooA a ri e014J4
OFFICIAL STATE BUSINESS — LEASE No. 2708
Slate of Alaska - Department of Administration Page 3 of 4
Shared Services of Alaska
Leasing Section
550 West 7th Avenue, Suite 200
Anchorage, AK 99501-3571 2708 Lease.doc
Initial Initial
ACKNOWLEDGMENT BY LESSEE: STATE OF ALASKA
STATE OF ALASKA
MUNICIPALITY OF ANCHORAGE
S y.. /
This is to certify that on this _ day of Nr7 v� "� bC� . 2019 before me a
Notary Public in and for the Slate of Alaska duly commissioned and sworn, personally appeared
Rashaad Esters, Contracting Officer 11 to me known and known by me to be the person described in
the executed Instruments set forth above as an agent of the Shared Services of Alaska for the State of
Alaska and that [his person has been authorized by the State of Alaska to execute the foregoing lease
amendment on behalf of said Slate of Alaska and that this person executed the same freely and
voluntarily as the free act and deed of the State of Alaska. ""111111111„
WITNESS my han ngofficial seal the day and year this certificate first
n'."ji L. S. & l c. Yf-c
My Commission Expires: With Office
Residing at, Anchorage, Alaska
PUDLIC
OFFICIAL STATE BUSINESS — LEASE No. 2708
Stale of Alaska - Department of Administration Page 4 of 4
Shared Services of Alaska
Leasing Section
550 West 7th Avenue, Suite 200
Anchorage, AK 99501.3571 2708 Lease.doc
Initial initial
a-✓/rrlaG coo. , . —
LEASE N111-248
LEASE AGREEMENT
TIHS LEASE AGREEMENT is made this i8th day of July 1997 by and
between KODIAK ISLAND BOROUGH, a borough organized under the laws of the Slate of
Alaska, hereinafter called Landlord, and the Alaska Department of Fah and Game, hetdnafter
called Tenant.
For and in consideration of the covenants, payments and demises, and upon the terms and
conditions hereinafter ad forth, the parties agree U follows:
1. Premise& Landlord, for and in consideration of the payments, covenants and conditions
hereinafter speared to be paid, performed and observed by Tenant, does hereby let, lease and
demise to Tenant the improved real estate located in the Kodiak Recording District, Third Judicial
District, State of Alaska, more particularly described in Exhibit A, attached hereto and by this
referenco made a part herwfQ together with the use of common areas including but not limited to
access thereto. stahwella, hallways and three (3) reserved padning spaces.
The aforesaid building space, hereinafter referred to as the leased premises, is more specifically
depicted or outlined on the floor plan attached hereto in Exhibit A
2. Teta of Lease. The term of the lease shag be for the period of twenty (20) years following the
commencement of the tens, unlet+ sooner terminated u hereinafter provided. The term of the
lease shall commence on October 1, 1998, or upon completion and occupancy of the facility,
whichever occurs later, and slug expire at 5:00 PM., Alaska Standard Time, on September 30,
2018, or a date twenty years following occupancy, whichever nays later.
In the event the foregoing commencement provision results in a commencement date other than
on the first day of a calendar month, the payments shag be immediately paid for such initial
fractional month prorated on the basis of a thirty (30) day month.
Tenant shag have the option to extend the initial twenty (20) year term of this Agreement for up
to two (2) additional five (5) year period 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 Agreement or any extension thereof.
Landlord is presently having a building constructed on the premises demised by this lease
agreement. The building is being erected and constructed in accordance with the specifications
and plans contained in Exhibit A attached to and made pert of this lease agreement, and is
scheduled for completion on or before October 1, 1998, the date this 20 -year lease is scheduled to
comment.
The failure by Landlord to have the building ready for occupancy by the above -stated date shall
not void or terminate this lease agreement, but the payments specified in Section 3 shag be abated
in full during the entire period between the scheduled commencement of this lease agreement and
Initial Initial Page 1 of 11
LEASE NIH -248
fifteen (15) days after Tenant is notified by Landlord that the demised premises am ready for
occupancy.
payments and the tenor of this leave agreement shall be calculated from the date the demised
promises are deemed ready for occupancy, but not sooner than the 16th day following notification
as stated above.
The demised premises shall be considered ready for occupancy when (1) all work on the
construction of the building has been substantially completed including final installation of
equipment and painting, (2) all interior utility fixtures and equipment have been installed and the
premises aro ready for utility service connections to be made, (3) all access and service routes and
areas, and the parking surfaces are substantially completed rod in usable condition, (4) a
certificate of occupancy has been issued by the building official and (5) notice has been provided
to Tenant, with a copy of the certificate of completion, that the premises are ready for occupancy
by Tenant.
3. Payments. (a) Ivfinimum Annual payment. 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 total payment for use of said premiscs herein above described, at the rate ler the
schedule attached hereto as Exhibit B. Terms and conditions of this lease are subject to
availability to the Tenant of funds appropriated by the legislature. if such fimda aro not available,
the Tenant may terminate this lease by giving the Landlord not less than thirty (30) days prior
notice in writing.
All payments, unleas and until otherwise directed in writing by Landlord, shall be paid to the
Landlord at 710 NO Bay Road, Kodiak Alaska 94615, or at such other place as Landlord may
designate from timo to time in writing.
Tenant shall pay to Landlord, as part of the payment described above, Tenant's proportionate
share of all common area expenses. For the purpose of this Section, the term "common area
expenses" means Landlord's total costs and eye= incurred in owning, operating, maintaining
and repairing the common areas, including without limitation, costs for all electricity, Sera, water
or fuel used in connection with the operation, maintenance, use and repair of the common areas,
the amount paid for all electricity furnished to the common area to light the parking lots or for
any other purpose; the costs of patching, repairing, repaving or restriping the parlong lots; the
amount paid for all labor and/or wages and other payments including costa to Landlord of
worker`s compensation and disability insurance, payroll taxes, welfare and fringe benefits made to
janitors, employees, contractors and subcontractor, of Landlord involved in the operation and
maintenance of the common cress; managerial, administrative and telephone expenses related to
operation and maintenance of the common areas; the total charges of any independent contractors
employed in the care, operation, maintenance, cleaning and landscaping; the amount paid for all
supplies, tools, replacement parts of components, equipment and necessities which are occasioned
by everyday weir and tear, the amount paid to maintenance reserve based on projected
replacement of building components; the amount paid far premiums for all insurance required
from time to time by Landlord or Landlord's mortgages and the pro tact costs of machinery and
Initial Initial page 2 of 11
LEASE NIH -248
equipment purchased or leased by Landlord to perform its common arm maintenance obligations.
To the extent that Landlord elects to provide services which are not separately metered or directly
Filled to Tamura, such as water and trash hauling, the coats of such services shall be included in
common area expenses. Common area expenses shall not, however, include interest on debt or
capital retirement of debt. Suitable adjustments in common area expenses incurred shall be made
in the determination of Tenant's proportionate share for any period during the leve tem which is
leas than a full calendar yea. Payments by Tenant on account of Tenant's proportionate share of
the common area expenses are incorporated into the payments specified in Emdu'bit H.
Tenant shall pay to Landlord as part of the payments described above, Tames proportionate
share of all services costa for the Demised Premises used exclusively by the Tenant. "Services"
means Landlord4 total costs and expenses as desalbed above under Common Alta Expenses.
4. Alteration of Premises Tenant shall not make any alteationa, additions or improvements in
or to the leased premises without first obtaining the written consent of Landlord, Such consent
shall not be unreasonably withheld. Any such alterations, additions and improvements approved
by Landlord shall be made at Tenant's expense. Tenant Ball secure all governmental permits
required in connection with such work, and shall hold Landlord harmless from all liability and
Hem resulting therefrom. All alterations shall remain the property of the Tenant and may be
removed at the termination of this agreemmL If the Tenant decta to remove said improvements,
the Tenant will return the building to its Original condition, less allowance for wear and tear. The
Landlord may require removal of all or part of alterations by Tenant at the termination of the
lease, at Tenant's expense, and Tenant stall pry for or repair any damages to the leased premises,
including without limitation, any necessary patching rtpeinting and repairing caused by such
removal. Any trade fixtures, appy, 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 slap save Landlord hamdess from any loss, cost, or damage arising from
Tenant's failure to remove such items.
S. Use or Premises, The leased premises shall be used for the purpose for which they were
designed as described in Exhibit A and for no other purpose, without the prior consent of
Landlord. Tenant shall not use or permit the leased premises or any put 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 Team's permission, will abide
by, keep and observe all reasonable rules and regulations which Landlord may make from tune to
time for the mansgement, 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 puling areas adjacent to the building. The Tenant shall install all equipment in
accordance with all applicable codes and only with prior written consent of Landlord, which shall
not be unreasonably withheld. Tenant shall not 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 oche tenants in the building.
Initial Initial Page of 11
LEASE. HIIH-249
In the event Tenant's use of the leased premises causes a documented increase in Landlord's fire
or hazard insurance premiums, Tenant shall reimburse Landlord for the amount of such increase.
6. utnities. Landlord shall furnish at its expense, the following utilities and services for normal
use of the leased premises:
(a) Electricity for normal lighting, air conditioning, sad laboratory use. Adjustments for
utilities u a result of equipment not planned for in the original design shall be negotiated
at the time approval to modify the building is requested.
(b) Heat, snow removal for common areas, and sewer and water based on normal laboratory
Use.
(c) Janitorial service for the leased premises on a five-day a week basis, and periodic exterior
window washing.
(d) Refuse collection based on normal laboratory use. 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 uiung from any accident, atrike, condition, retia or event in
whole or part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant or
relieve Tenant from any obligation hereunder, unless the demised premises are deemed
untenantable, in which case rent shall be abated until the premises are again tenantable.
7. Maintenance and Rensirt. Landlord shall, at its expense, maintain and keep in good reps
the foundations, exterior walls, roof and other structural portions of the building. Tenant skull, at
its expense, maintain the interior of the leased premises at all tines in good condition and repair,
all in accordance with the lays of the State of Alum and all directions and regulations of
governmental agencies laving jurisdiction hereof. Tenant shall commit no waste of any kind in or
about the leased premises, end Tenant aball pay for all damage to the building, as well as damage
to tenants or occupants thereof caused by Tenant's misuse or neglect of the leased premises, its
apparatus or appurtenances. At the expiration of the terns hereof; or on the termination of this
lease, Tenant shall surrender the leased premises in good end clean condition, normal wear and
tear and damage by fire or other casualty excepted.
Landlord shall maintain and repair all plumbing linea and equipment installed for the general
supply of hot and cold water, heat, ventilation, electricity and plumbut& including the sew?
system. If there is dogging of the sewer system that is directly atuibutable to the Tenants
operations, the Landlord shall immediately inform the contact person, who will either terminate
the operation clogging the system, or snake arrangements to compensate for unavoidable
clogging. The Tenant shall be responsible for any and all maintenance and repairs attributable to
obstructions or objects deliberately or inadvertently introduced or placed in the fixtures, linea or
equipment by Tenant, its employees, agents, licensees or invitees.
Initial Initial page 4 of I1
LEASE NIH -241
Landlord shell 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 da not be responsible or liable to Tenant or to those claiming by, through or under
Tenant for any lose or damages to either the person or property of Tenant that may be occasioned
by or through the arts or omissions of persons occupying other portions of the building.
Landlord ,lull 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 bunting, breakage or by
or from leakagq steam or snow or ice, running or the overflow of water or sewage in any part of
said leased premises, the building, or the surrounding arcs, or for any injury or damage caused by
or rewriting from ads of God or the elements, or for any it wy or damage caused by or resulting
from any defect in the occupancy, construction, operation or use of any of said lensed premises,
building, machinery, apparatus or equipment by any person or by or from the acts of negligence of
any occupant of the premnees, unless Landlord itself is negligent.
S. Fire and Other Cnadty. Should the leased premises be damaged by fire or other casualty,
EW if the damage is repairable within four (4) weeks from the date of the occurrence (with the
repair work and the preparations thereof 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 anal payments shell continue. The Landlord will provide alternative forTenant
until the repair work is completed sufficiently to allow occupancy. lel d remixes be
that
completely destroyed by fie or other casualty, or should they be damagedto leas he leased
the damage cannot be repaired within four (4) weeks of the occurrence, Landlord or Tenant shall
have the option to terminate We lease, and landlord dull 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 Shell 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 -dry period, or
shall not have commenced the restoration or repair work within said period, Landlord shall be
deemed to have elected to terminate this lease, and the least shall thereafter automatically
terminate. The commencement by Landlord of repair work ,hall 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
annual payments shall be abated.
In the event restoration or repair is delayed by We or omissions of Tenant, there shall be no
abatement of payments during the period of such delay. If fire or damage is caused by the
carelessness, negligence or improper conduct of Tenant, then notwithstanding other provisions of
this lease, Tenant shell remain liable for the payments, without abatement, during any, period of
Initial Initial page 5 of l i
LEASE AI11-24a
repair or restoration aad shall be responsible for obtaining alternate facilities during the restoration
period.
If 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 prerdM4 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 the 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 thea respective
fire insurance policies, including any extended coverage and endorsements thereto; provided,
however, that this paragraph shall be inWlicable 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 budding not leased, or
leased to other tenants, or the noise or interference arising therefrom, shall not be deemed an
eviction of Temard, or a breach of tbis lease.
9. Subictttnv and Assignment Tenant shall not sublet the leased premises, or any part thereof;
or assign flus lease or any part thereof, sur 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,
which stall not unreasonably be withheld, to such subletting or assigning; any such assignment or
sublease without landlord's written consent shall be void.
lo. hdemojficition. Each party agrees that it will be responsible for its own ads and omissions
including thou of its officers, agents, and employees, and each party shall indeaudfy. defend, and
hold hannleas the other, to the maximum extent allowed by law, from any claim of or liability for
error, omission or negligent act of whatever ]find, including attorneys feat for damages to
property or injury to persons occasioned by each party'a negligent acts or omissions in connection
with the terms of this agreement.
Landlord shall keep the building of which the demised premises are a part insured against all loss
or damage by fire to the extent of the full insurable value thereof including all improvements,
alterations, additions, and changes made by either party to this lease agreement. All insurance
required by this provision shall be carried for the mutual benefit of the parties in proportion to
their interests in the demised premises. The insurance carrier shell be one mutually acceptable to
the parties.
Tenant shall obtain and maintain any other insurance that Tenant desires on the demised premises
or on the personal property on the demised premises at the expense of Tenant, and any additional
insurance desired by Tenant may be written by any carrier selected by Tenant.
it. Common Areas and Facilities All common areas and common facilities in or about the
leased premises and the building shall be subject to the exclusive control, scheduling and
Initial Initial Page 6 of 11
LEASE MM -248
management of Landlord. Landlord shall have the right to construct, maintain ailocand operate
lighting and other improvements on all said areas; to change the area
, atiand
arrangement for common areas and other facilities and temporarily to close the common areas to
effect such changes other than the leased premises Perking, ecce++, and the public faalities.
All common areas and facilities which Tenant may be permitted to use NO occupy are to be used
ark occupied under a revocable license, which shall not be unreasonabty revoked. and if any arch
Granas be revoked or if the amount of such are be changed or dhiniahed, Landlord shall not be
subject to gay liability nor shall Tenant be entitled to lay compensati� or diminution or
abatement of payments nor shall revocation or diminution of such area+ be doemod constructive
or actual eviction'ties such revocation or diminution of such area AMU sig cantly reduce the
value of the facility, to the Tenant.
12. Liens. Tenant will not permit any medw&g. laborers' or materialmen's Gens to stand against
the leased premises or improvements for any labor materials furnished to Tenant or claimed to
have been famished to Tenant, or to Teasnfs agent, contractors, or sublessees, in connection
with work of any dwgcter Performed or claimed to have been peorryiprovided,
h w sad Penances or
improvements by or at the direction or sufferance of Tenant, provided however, Tenant shall
have the right to contest the validity or amount of any Such lien or claimed lies In the event of
such contest, Tenant shat give to Landlord such reasonable security as may be demanded by
Landloof such Gen or such claim of lien. Tenant will inunediateiY Pay any
judgment
re insure payment es and "have such lien released or judgment
judgment rendered with all props cost and dung
sati4ed at Tenant's own r tpense.
The foregoing Provisions respecting Hens shall apply to all Gens, of any kind or nature, asserted
against the leased premises or improvements thereon, sacludmg hens Unsung out of, incident to, or
connected with the use and occupation of the leased premises by Tenant.
13. Dermult, If default shall be made by Tenant or Tenant's successors or assigns in the Payments
reserved in this lease agreement, and that default shall continue for ten (10) days after notice in
writing to Tenant or Tenant's success and assigns, or if breach other than in the psynMts as
outlined in Exhibit B shall be made in the term and conditions of this lease agreerrneot to lx
thirty
performed by Tenant or Tenant's successors and assigns, and the ventbre,
thesfig continue to the
(30) days after notice in win tnF hos eant then wihoutt notice or demand• The mere retention
possession of the demised premises
or Possession thereafter by Tenant shall constitute a forcible detainer.
Any reentry shall be made without prejudice to any rights or remedies whether by statute or
common law that might otherwise be used for recovering arrears
in payments or for breach of any
terra or conditions of this lease agreement.
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 address:
Initial Initial Page 7 of 11
LEAS_ E #TH-248
Landlord;
Taunt:
Alaska Dept of Fish & Game
Kodiak Island Borough
P.O.BoxK 26
710MillB►YRoad
AIC 99 802
Kodiak. Al►sin 99615
AttnJuneau,
Lea Coordinator
�� & Inn
IRS TIN 92-0030845'
Any such notices &ball be deemed effective on the date oimai ing or delivery.
15. p4lohh er Remrdls' Except insofar as this is inconsistent with or contrary to any provtsian
of this lease, no right or remedy herein conferred upon reservedand remedy shall cwnulative
exclusive of any other right or remedy, and eachh and every rightBht d is intended to be
and in addition to any other right or remedy given hereunder, or now or hereafter existing
at law
or in equity or by statute. -wise agreed in
16. Waiver asd Forbearanee Except to the Went oifa� oof 4 obmay ave Othft
, agreements °
writing no waiver by Landlord of any breach by subsequent breach of the same nt any
coveUrds hereunder shall be deemed to be a waiver of any Landlord o to soak a remedy
other covenant, agreement or obligation. Nor &hall any forbearance by
far any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to
such breach.
17. In 'o landlord shall at all reasonable l ord &hall also bo entitled to put "to leasees during Tcnanfs business hours have 6e" o[
to the premises for the purpose e l used Pr to show the leased premises to prospective
,for lease" rings h and about the leased premises, and extended tem, and during any
tenants, during the last sixty (60) days of the lease term and any
period of time after Landlord has given Tenant a notice of intention to terminate under perms Wh
14 of this lease.
18. NotiM of Nog-Rdoonsi ility.. Landlord may enter the demised premises at any time for the
purpose of the posting notices of non -responsibility.
19. c M■ors in Interest. This lease shall be binding upon and inure to the benefit of the
respective heirs, successors and assigns of the parties hereto.
the end of the
20, Holdins Over. In the event that the Tmurt hcommeuc'ing o tholds over at or e first day of the hoeld ver
teomcy shall be deemed a month-to-month tenancy
pCTiOd'si installed on the demised premises " be with the
21. §jSpL• Tenant agrees that any gas
consent of the Landlord.
1 Cer'tijcates. Tenant shall, at any time and from time to time upon not less than
22. Tr •
thirty (30) days prior request by Landlord execute, acknowledge and deliver to dlo r in full
statement in writing Certifying that this lease is in full fora and effect and unnrodifi
force and effect and modified and stating the modifications), the dates to which the payment(s)
Initial Initial Page 9 of 11
LEAS�24a
and any other charges have been paid in advance, the date Taunt entered into occupuwY of the
leased premises and the date the lease term expires, the nature and amount of any claims of
of this lease, and the existemee and nature of any
Tenant against Landlord arising u a result
Tenant against enforcement of this lease by Landlord; it being
defensea or offsets claimed by Pursuant to this paragraph may ix relied upon by any
intended that arty ouch statement delivered P ees ofthe premian.ln the avemt Tenant
or encumbrancer (mcludmg assign )
prospective purcbaar period, Tenant "be deemed to have certified and
fails so to certify within such thug (34) clay Landlord in good faith to arty prospecmve
admitted the accuracy of infomnationosubY
purchaser or emanmbrartcer in respect this lesse'
23. Fs 6e for Non-oerformanee. Either panty hereto shall be excused from performing any or
all of its obligations hereunder with respect to any repair and comttmction `r`ork required under
the terms of this lease for such tunes the performance, of any such obligation is prevented or
delayed by an act of God, floods, explosion, the elements, war, invasion, insunrectiou, riot mob
violence, sabotage inability to P7O�e labor, equipment, fadirttes, materials or supplies in the
open market failure of transporttnon, strike% 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
r J,ase. This lease shall be governed by and construed in accordan oe with the
2J. Constrmerion of _
laws of the State of Aloka•
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 sen"
requires.
25. EntireynL This Agreement, end the exhibits and documents referred to herein ed
forth all of the terms, conditions, covenants and agreements of the parties rotative to the subject
matter hereof and supersede any and all former agreements, oral or written, which, upon the
execution and delivery hereof, are hereby terminated and of no father force and effect. That are
no terms, conditions, covenants or agreements with respect hereto except as herein provided.
IN WrrNESS WHEREOF, the panics have hereunto set their hands end seals the day and year
first hereinabove written.
LANDLORD:
KODIAK ISLAND
By
Initial Initial
TENANT:
m
page 9 of I I
CF
LEASE OIR-248
DEMLSED pREWSES
Exhibit to Agreement between Kodiak Iceland Borough, as Landlord, and the Alaska DaPam=t
of Fish & Game, as Taunt.
Approximately 910 net (1386 gross) square fed of laboratory space (5.7% of proportionate share
of the total building), sad utMzWon of the seawater systan (6.0% proportionate afore), all of
which relate to the phoned Near Island Research Facility, w}rich is affixed to:
Tract B of a portion of United States Survey 4947 according to
plat No. 86-20 in the Kodiak Recording District, Third Judicial
District, State of Alasln.
Initial Initial page 10 of 11
AJ r . ,, --- .. - -
EXHIBIT A
SCHEDULE OF ANNUAL PAYMENTS
Payments will
be made annually in advance as indicated below. Atter, year fourteen (14), payment will be based 00
estimated services and common arca expeoss and will be paid automatically in advance. The Tenant will receive
an annual statement OrRmual expeoaes as defined in Section 3 of this agrement for each year, beginning with year
14 and continuing for the duration of this agreement. Based on the Tenant's prorated aha f actualt by ft Tenant rexpense. the
Tenant shall be coma
edited on the next year's estimated prorated expeoces 'sY erpaymen
previous year. Landlord agrees tbat in recognition of the capital raatrannion provided for the Alaska Department
or Fish and Garro by the Kodiak Island Borough from proceeds from the We of Sbuyak Island, the Tenant will at
be charged for actual ground or space sent. In addition, the Kodrak7dand Borough hese eubsidizcd Partial PaY>�eYnt
of the first thirteen (13) years services and so u area expenses. Payment for any partial
shall be prorated, based or, a thirty (3 0) day
month -
Commencing with actual occupancy of the leased facilities in 1998, the Tenant will male payments according to
the following schedule:
Projetted Servicer &
Kodiak Island
ADF&G Maximum
Common Area Fspeaes
Dora b Subsidy
Annuall'ovinent
yexr for ADF&G s ace
$49,191
$49,191
so
0
2 49,683
49,683
For years 3 through 13, a stepped increment of $4,800 per year will be applied as follows:
3 50,180
45,380
41,082
4,800
9,600
4 50,682
51,189
36,789
14,400
5
6 51,701
32,501
28,218
19,200
24,000
7 52,218
23,940
28,800
8 52,740
53,267
19,667
33,600
9
10 53,800
15,400
11,138
38,400
43,200
11 54,338
6,881
48,000 C}%i
12 54,881
2,630
52,800
13 55,430
of ft expensesin A and as m Section 3 of
mtmaximum
14 prorated
to as
tFor years Mowing amounts.
his agreement will be d by Tenanbut noe
0
55,984 G;' l �-
14 55,984
0
56,544 t;'jr; ? r
15 56,544
0
57,109 FT��
16 57,109
0
57,680F'i"
17 57,680
0
58,257 Fyi
18 58,257
0
58,840r ;i -s
19 58,840
0
59,428 j:,$1f
20 59,428
Page 11 of 11
Initial Initial
LEASE AMENDMENT
This LEASE AMENDMENT is made this 1st day of March, 2013 by and between
KODIAK ISLAND BOROUGH, a borough organized under the laws of the State of
Alaska, hereinafter called Landlord, and the ALASKA DEPARTMENT OF FISH AND
GAME, hereinafter called Tenant. Its purpose is to amend the twenty-year LEASE
AGREEMENT between the parties which was made on the July 18, 1997,
commenced on October 1, 1998 and is scheduled to terminate on September 30,
2018. That LEASE AGREEMENT is amended by replacement of Section 1
(Premises), Section 2 (Term of Lease), and Section 3 (Payments) with revised
Sections 1, 2 and 3 below. In addition, Exhibits A and B are deleted and replaced
with the attached Exhibit A (Lease Amendment 2013-2018) and Exhibit B (Lease
Amendment 2013-2018). The remainder of the LEASE AGREEMENT (Sections 4-
25) remains intact unchanged.
For and in consideration of the covenants, payments 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 payments,
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 located on Tract B -1A, U.S. Survey 4947 according to Plat 2010-8 in the
Kodiak Recording District, Third Judicial District, State of Alaska, more particularly
described as the Wet Lab (Room #101) and the Microscope Room (#102) totaling
1,330 square feet, as illustrated in Exhibit A (Lease Amendment 2013-2018),
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 three (3) reserved parking spaces.
Rooms 101 and 102 are shown on the floor plan attached hereto in Exhibit A
(Lease Amendment 2013-2018), dated February 13, 2013.
2. Term of Lease. The initial term of the lease commenced on October 1,
1998 and shall expire at 5:00 P.M., Alaska Standard Time, on September 30, 2018.
Initial Initial
Tenant shall have the option to extend the initial term for up to two (2) additional
five (5) 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. Payment. Tenant agrees to pay Landlord annual lease payments per the
schedule attached as Exhibit B (Lease Amendment 2013-2018). The payments for
Year 15 (FY 2013) through Year 20 (FY 2018) are inclusive of all estimated
expenses and services for that period. Annual lease payments for any optional
extended term shall be calculated at the time written notice of an option to
extend is received by the Landlord.
Lease payments will be based on estimated services and common area expenses
determined as a proportional share of the overall cost of operational and
maintenance expenses associated with the facility based on occupancy of 1,330
square feet, plus a proportional share of the cost of the sea water system. For
purposes of this section, the term "operational and maintenance" means
Landlord's total costs and expenses in owning, operating, maintaining, replacing
and repairing the Leased Premises, including insurance and depreciation.
Payment will be in advance. Payment for any partial month's occupancy shall be
prorated, based on a thirty (30) day month.
Terms and conditions of this lease are subject to availability to the Tenant of
funds appropriated by the legislature. If such funds are not available, the Tenant
may terminate this lease by giving the Landlord not less than thirty (30) days prior
notice in writing.
All payments, 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.
Tenant shall pay to Landlord Tenant's proportionate share of all common area
expenses. For the purpose of this Section, the term "common area expenses"
means Landlord's total costs and expenses incurred in owning, operating,
Initial Initial
maintaining and repairing the common areas, including without limitation, costs
for all electricity, gas, water or fuel used in connection with the operation,
maintenance, use and repair of the common areas; the amount paid for all
electricity furnished to the common areas to light the parking lots or for any other
purpose; the costs of patching, repairing, repaving or restriping the parking lots;
the amount paid for all labor and/or wages and other payments including costs to
Landlord of worker's compensation and disability insurance, payroll taxes, welfare
and fringe benefits made to janitors, employees, contractors and subcontractors
of Landlord involved in the operation and maintenance of the common areas;
managerial, administrative and telephone expenses related to operation and
maintenance of the common areas; the total charges of any independent
contractors employed in the care, operation, maintenance, cleaning and
landscaping; the amount paid for all supplies, tools, replacement parts of
components, equipment and necessities which are occasioned by every day wear
and tear; the amount paid to maintenance reserve based on projected
replacement of building components; the amount paid for premiums for all
insurance required from time to time by Landlord or Landlord's mortgages and
the pro rata costs of machinery and equipment purchased or leased by Landlord
to perform its common area maintenance obligations. To the extent that Landlord
elects to provide services which are not separately metered or directly billed to
Tenant, such as water and trash hauling, the costs of such services shall be
included in common area expenses. Common area expenses shall not, however,
include interest on debt or capital retirement of debt. Suitable adjustments in
common area expenses incurred shall be made in the determination of Tenant's
proportionate share for any period during the lease term which is less than a full
calendar year.
Tenant shall pay to Landlord as part of the payments described above, Tenant's
proportionate share of all services costs for the Demised Premises used
exclusively by the Tenant. "Services" means Landlord's total costs and expenses as
described above under Common Area Expenses.
Initial Initial
4. Exhibit A of the original lease agreement is replaced with the attached
Exhibit A (Lease Amendment 2013-2018).
5. Exhibit B of the original lease agreement is replaced with the attached
Exhibit B (Lease Amendment 2013-2018).
6. The remainder of the Lease Agreement is unchanged.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first hereinabove written.
LANDLORD:
KODIAK ISLAND BOROUGH
TENANT:
ALASKA DEPT. OF FISH & GAME
By: �'(� By:
Charles E. Cassidy, Manager
Date: -571/3
(printed name)
Date: S/�9�3
Attest: ��'/ � •
Nova Javier, C, Borough Clerk ;
Initial Initial `y6
LEASE #M-248
EXHIBIT A
(Lease Amen Oe—Om--en—M13-2018)
DEMISED PREMISES
Exhibit to Lease Amendment between Kodiak Island Borough, as
Landlord, and the Alaska Department of Fish and Game, as Tenant.
1,330 square feet of laboratory space, more particularly described as the
Room #101 and Room #102, and utilization of the seawater system, all
within the Near Island Research Facility, which is affixed to:
A portion of Tract B -1-A, U.S. Survey 4947, per Plat 2010-8 in the
Kodiak Recording District, Third Judicial District, State of Alaska.
(2/13/2013)
Initial Initial
Initial
/VI i ere
(ply 6 sb
Initial
EXHIBIT A
FRSE AmW9A
%gal;;
I --
k 10%
nBpuB (Lr-ASF-
SCHEDULE
L£ASE
SCHEDULE OF ANNUAL PAYMENTS
unman tawill be made annually is advmm ore indiutad dolor. AfSeryaar b[rtaan (14). pYinut rill bo bored on
atimmcd asrioea and com iwas ama espewam ad will be paid amomadcally in advance. V T--_. _.x,
m ti tLirty' (30) diq [math
any partial Mwws oongroey
Commencing with actual occupancy of tba laced facilities in 1998, the Tc aaat will malm paywwU aeoordingm
the Mowft achednk:
Year
Projected Service A
Common Aon Espe tees
for ADF&G eves
Kod 11dand
Boronah Subsidy
ADMG Mer.mum
Aanaal Payment
1
$49,191
$49,191
SO
2
49,683
49,683
0
For years 3 through 13, a stepped inaematt of $4,800 per year will be applied as follows:
3
50,160
45,380
4,800
4
50,662
41,082
9,600
5
51,189
36,789
14,400
6
51,701
32,501
19,200
7
52,218
25,218
24,000
8
52,740
23,940
28,800
9
53,267
19,667
33,600
10
53,800
15,400
38,400
11
54,338
11,138
43,200
12
54,881
6,881
48,000
13
55,430
2,630
52,800 1=j, 1;
Far ycars 14
on, a prorated share of the expenses as
indicated in Exhibit A and as indicated in Section 3 of
this agreement will be paid by Tenant, but not to exceed the following maximum
amounts.
14
55,984
0
55,984 F.
fi
57,109
0
57,109FVI
7
57,680
0
57.610ory,15
8
58,257
0
58,257 �y16
910
56,840
0
58,840t'yd7
0
59,428
0
59,428 fyi
Page 11 of 11
Initial Initial
to years
=Y 13-1E
HIB Lease 1997-43
State of Alaska Lease 8197
Kodiak Island Borough
Manager's Office
710 Mill Bay Road
Kodiak, Alaska 99615
Phone(907)486-9300 Pax(907)486-9374
mslife@kodiakak.us
LEASE AMENDMENT 2
Lease 1997-43 between the Kodiak Island Borough and the Alaska Department of Fish and
Game is hereby amended as follows:
2. Term of Lease:
The term of this lease is extended for five (5) years commencing October 1, 2018 and
terminating September 30, 2023 at 11:59 PM. This is the first of two possible 5 -year extensions
specified in the original lease.
3. Payments:
EXHIBIT B — Schedule of Annual Payments
Year
Annual Payment
2018-2019
$ 59,978.00
2019-2020
$ 60,528.00
2020-2021
$ 61,078.00
2021-2022
$ 61,628.00
2022-2023
S 62,178.00
All other terms of section 3 remain in effect.
10. Indemnification:
Initial Initial
The following shall be added:
The State of Alaska is Self -Insured and can provide a detailed letter from our Division of
Risk Management upon request. The Lessor shall hold and save the State, its officers, agents
and employees, harmless from liability of any nature or kind, including costs and expenses
for or on account of any and all suits or damages of any character whatsoever resulting from
injuries or damages sustained by any person or persons or property by virtue of any act
performed by the Lessor or the Lessor's agents and employees pursuant to this lease; the
Lessor shall also assume all insurable risks and bear any loss of injury to property or persons
occasioned by neglect or accident during the tenure of this lease, excepting only sole
negligence of the Lessee.
All other terms of section 10 remain in effect.
Section 26- Termination shall be added.
The following shall be added to the Lease 1997-43/8197:
FISCAL NECESSITY —NON -APPROPRIATION OF FUNDS: The fiscal year for the State of
Alaska is a twelve-month period beginning July I and ending June 30 of the following calendar
year. Lease payments from the State are subject to annual appropriation of funds by the Alaska
State Legislature. After the initial fiscal year of the lease, the State has the right to terminate this
lease in whole, or in part, if (1) the Alaska State Legislature fails to appropriate funds budgeted
for continuation of this lease, and/or (2) the Alaska State Legislature fails to appropriate funds to
the occupying agency(s) that results in a material alteration or discontinuance, in whole or in
part, of the occupying agency(s)' programs. The termination of the lease for fiscal necessity and
non -appropriation of funds under this section shall not cause any penalty or liability to be
charged to the State, and shall not constitute a breach or an event of default by the State. The
State of Alaska shall notify KIB as soon as it is clear that funding will not be available for this
lease.
KIB or the State o f Alaska may terminate this Agreement by 90 days written notice to the other
party. This Agreement shall terminate 90 days from the date of such notice without further action
by either party and shall be of no further force and effect other than to perform any obligation
incurred but not paid prior to the termination.
END OF AMENDED TERMS.
All other terms and provisions of the lease agreement between ADUG and
Kodiak Island Borough remain i�effect. Contract 199743 is hereby amended by this SECOND
AMENDMENT dated this 94'— day of t7i+o h� t;r 2018.
Page 2 of 3
Modified 9/30/2018
Initial Initial
Terms of this AMENDMENT are agreed to and accepted by the undersigned.
LESSEE: STATE OF ALASKA, Department of Administration, Shared Services of
Alaska '
B Date:
R r Henderson 1 l
ontracting Officer Ill
LESSEE and Occupying Agency: STATE OF ALASKA, Department of Fish and Game
By:__ �✓ cc_Date: _ 10/8/2018
Dave Mitchell
Procurement Officer
ATTEST:
f hNova Javier, Borough Clerk
Page 3 of 3
Modified 9/3012018
Initial Initial
LANDLORD:
THE KODIAK ISLAND BOROUGH
tichael Puerss, Borough
i, pn :r:• itis i -i eya[),P �.'!l..kr'. 1('i SrLF "v. v OV, 617•YAO MW
l�t.N•n4 �rR ,
C'*140,e7 �•v
C o�T�n
ji
r'taf �i
OF
STATE OF ALASKA
=_
AMENDMENT TO LEASE
LEASE NUMBER 8197
°p ALAb
This agreement, to be known as Amendment Number Three (3) to the existing lease,
entered into on the 18th day of July, 1997 and, by and between:
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
hereinafter called the Lessor. and
STATE OF ALASKA
DEPARTMENT OF ADMINISTRATION —11
550 WEST 7th AVENUE SUITE 1960
ANCHORAGE, ALASKA 99501
hereinafter called the Lessee, covering:
Approximately 1,330 usable square feet of office space plus three (3) parking spaces,
located at the Near Island Research Facility, at Kodiak, Alaska, more particularly
described as the Wet Lab (Room # 101) and the Microscope Room (#102). Legally
described as: Tract B -1A, U.S. Survey 4947 according to Plat 2010-8 in the Kodiak
Recording district, Third Judicial District, State of Alaska.
OFFICIAL STATE BUSINESS
State of Alaska - Department of Administration
Shared Services of Alaska
Leasing Section
550 West Th Avenue, Suite 200
Anchorage, AK 99501-3571
Initial Initial
LEASE NO. 8197
Amendment No. 3
Page 1 of 3
Lease 8197 Termination
✓
THIS AMENDMENT SHALL
Recognize that for administrative purposes, effective October 31, 2019,
approximately 1,330 usable square feet of office space plus three (3) parking spaces
shall transfer from Lease No. 8197 to Lease No. 2708.
2. Recognize that effective October 31, 2019 at 11:59 PM, Lease No. 8197 shall
terminate and be reassigned as Lease No. 2708.
All other terms and conditions of the lease remain the same.
Lessor: KODIAK ISLAND BOROUGH
By:
Title: Q TC O u C\h � CLr) AC QAF
Date: ( D I Z)l I � 9
Lessee: STATE OF ALASKA
By:
Rashaad Esters
Contracting Officer II
Date:
OFFICIAL STATE BUSINESS
State of Alaska - Department of Administration
Shared Services of Alaska
Leasing Section
550 West Th Avenue. Suite 200
Anchorage, AK 99501-3571
Initial Initial
LEASE NO. 8197
Amendment No. 3
Page 2 of 3
Lease 8197 Termination
ACKNOWLEDGMENT OF LESSOR: KODIAK ISLAND BOROUGH
STATE OF ALAS"
CITY OF o6 1A ;f' -
This
This is to certify that on this 131 day of 0 C T ° 3 G2 , 2019 before me a
Notary Public in and for the State of Alaska duly commissioned and sworn personally
appeared 9 r c-it+eLa Po w r; r -S to me known and known by me to be the person(s)
described in and who executed the instruments set forth above and severally stated to me under oath
that (he, she) is and that (he/she) has been authorized by
to execute the foregoing lease amendment for and on behalf of
the said company, corporation, individual, or other entity and they executed same freely and voluntarily
as a free act and deed of Same.
WITNESS my h nd official seal the day and year this certificate fir t
�ISp lE1MER
Notary Pu is for Alaska Notary Pvbtic
My Commissgn Expires: - .2 -02 State of ^les a 25 2020
Residing at: b.2u !3oNAPAA7r;� e0Jlc M�Oommt5500ExP
ACKNOWLEDGMENT BY LESSEE: STATE OF ALASKA
STATE OF ALASKA
MUNICIPALITY OF ANCHORAGE
This is to certify that on this day of , 2019 before me a
Notary Public in and for the State of Alaska duly commissioned and sworn, personally appeared
Rashaad Esters, Contracting Officer II to me known and known by me to be the person described in
the executed instruments set forth above as an agent of the Shared Services for the State of Alaska
and that this person has been authorized by the State of Alaska to execute the foregoing lease
amendment on behalf of said State of Alaska and that this person executed the same freely and
voluntarily as the free act and deed of the State of Alaska.
WITNESS my hand and official seal the day and year this certificate first above written.
Notary Public for Alaska
My Commission Expires with Office
Residing at: Anchorage. Alaska
OFFICIAL STATE BUSINESS LEASE NO. 8197
State of Alaska - Department of Administration Amendment No. 3
Shared Services of Alaska Page 3 of 3
Leasing Section
550 West 71h Avenue, Suite 200
Anchorage, AK 99501-3571 Lease 8197 Termination
Initial Initial
KIB Lease 1997-43
State of Alaska Lease 8197
Kodiak Island Borough
Manager's Office
710 Mill Bay Road
Kodiak, Alaska 99615
Phone(907)486-9300 Fax(907)486-9374
mslife@kodiakak.us
LEASE AMENDMENT 2
Lease 1997-43 between the Kodiak Island Borough and the Alaska Department of Fish and
Game is hereby amended as follows:
2. Term of Lease:
The tern of this lease is extended for five (5) years commencing October I, 2018 and
terminating September 30, 2023 at 11:59 PM. This is the first of two possible 5 -year extensions
specified in the original lease.
3. Pavments:
EXHIBIT B — Schedule of Annual Payments
Year
Annual Payment
2018-2019
$ 59,978.00
2019-2020
$ 60,528.00
2020-2021
$ 61,078.00
2021-2022
$ 61,628.00
2022-2023
$ 62,178.00
All other terms of section 3 remain in effect.
10. Indemnification:
The following shall be added:
The State of Alaska is Self -Insured and can provide a detailed letter from our Division of
Risk Management upon request. The Lessor shall hold and save the State, its officers, agents
and employees, harmless from liability of any nature or kind, including costs and expenses
for or on account of any and all suits or damages of any character whatsoever resulting from
injuries or damages sustained by any person or persons or property by virtue of any act
performed by the Lessor or the Lessor's agents and employees pursuant to this lease; the
Lessor shall also assume all insurable risks and bear any loss of injury to property or persons
occasioned by neglect or accident during the tenure of this lease, excepting only sole
negligence of the Lessee.
All other terms of section 10 remain in effect.
Section 26- Termination shall be added.
The following shall be added to the Lease 1997-43/8197:
FISCAL NECESSITY —NON -APPROPRIATION OF FUNDS: The fiscal year for the State of
Alaska is a twelve-month period beginning July I and ending June 30 of the following calendar
year. Lease payments from the State are subject to annual appropriation of funds by the Alaska
State Legislature. After the initial fiscal year of the lease, the State has the right to terminate this
lease in whole, or in part, if (1) the Alaska State Legislature fails to appropriate funds budgeted
for continuation of this lease, and/or (2) the Alaska State Legislature fails to appropriate funds to
the occupying agency(s) that results in a material alteration or discontinuance, in whole or in
part, of the occupying agency(s)' programs. The termination of the lease for fiscal necessity and
non -appropriation of funds under this section shall not cause any penalty or liability to be
charged to the State, and shall not constitute a breach or an event of default by the State. The
State of Alaska shall notify KIB as soon as it is clear that funding will not be available for this
lease.
KIB or the State of Alaska may terminate this Agreement by 90 days written notice to the other
party. This Agreement shall terminate 90 days from the date of such notice without further action
by either party and shall be of no further force and effect other than to perform any obligation
incurred but not paid prior to the termination.
END OF AMENDED TERMS.
All other terms and provisions of the lease agreement between ADF&G and
Kodiak Island Borough remain i taeffect. Contract 1997-43 is hereby amended by this SECOND
AMENDMENT dated this q-� day of "HeC- .12018.
Page 2 of 3
Modified 9/30/2018
Terms of this AMENDMENT are agreed to and accepted by the undersigned.
LESSEE : STATE OF ALASKA, Department of Administration, Shared Services of
Alaska p
By:A-endelson
Date: �I D 18ting Officer III
LESSEE and Occupying Agency: STATE OF ALASKA, Department of Fish and Game
By: �✓ lk—� Date: 10/8/2018
Dave Mitchell
Procurement Officer
ATTEST -
Nova Javier, Borough Clerk
Page 3 of 3
Modified 9/30/2018
LANDLORD:
THE KODIAK ISLAND BOROUGH
ichael Po ers, Borough Manager
C�_Ab /997- q3;4
LEASE AMENDMENT
This LEASE AMENDMENT is made this 1st day of March, 2013 by and between
KODIAK ISLAND BOROUGH, a borough organized under the laws of the State of
Alaska, hereinafter called Landlord, and the ALASKA DEPARTMENT OF FISH AND
GAME, hereinafter called Tenant. Its purpose is to amend the twenty-year LEASE
AGREEMENT between the parties which was made on the July 18, 1997,
commenced on October 1, 1998 and is scheduled to terminate on September 30,
2018. That LEASE AGREEMENT is amended by replacement of Section 1
(Premises), Section 2 (Term of Lease), and Section 3 (Payments) with revised
Sections 1, 2 and 3 below. In addition, Exhibits A and B are deleted and replaced
with the attached Exhibit A (Lease Amendment 2013-2018) and Exhibit B (Lease
Amendment 2013-2018). The remainder of the LEASE AGREEMENT (Sections 4-
25) remains intact unchanged.
For and in consideration of the covenants, payments 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 payments,
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 located on Tract B -1A, U.S. Survey 4947 according to Plat 2010-8 in the
Kodiak Recording District, Third Judicial District, State of Alaska, more particularly
described as the Wet Lab (Room #101) and the Microscope Room (#102) totaling
1,330 square feet, as illustrated in Exhibit A (Lease Amendment 2013-2018),
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 three (3) reserved parking spaces.
Rooms 101 and 102 are shown on the floor plan attached hereto in Exhibit A
(Lease Amendment 2013-2018), dated February 13, 2013.
2. Term of Lease. The initial term of the lease commenced on October 1,
1998 and shall expire at 5:00 P.M., Alaska Standard Time, on September 30, 2018.
FY199743A - Amended To Add Additional Space
Tract B-1 USSuryev4947.Plat2010-8
Tenant shall have the option to extend the initial term for up to two (2) additional
five (5) 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. Payment. Tenant agrees to pay Landlord annual lease payments per the
schedule attached as Exhibit B (Lease Amendment 2013-2018). The payments for
Year 15 (FY 2013) through Year 20 (FY 2018) are inclusive of all estimated
expenses and services for that period. Annual lease payments for any optional
extended term shall be calculated at the time written notice of an option to
extend is received by the Landlord.
Lease payments will be based on estimated services and common area expenses
determined as a proportional share of the overall cost of operational and
maintenance expenses associated with the facility based on occupancy of 1,330
square feet, plus a proportional share of the cost of the sea water system. For
purposes of this section, the term "operational and maintenance" means
Landlord's total costs and expenses in owning, operating, maintaining, replacing
and repairing the Leased Premises, including insurance and depreciation.
Payment will be in advance. Payment for any partial month's occupancy shall be
prorated, based on a thirty (30) day month.
Terms and conditions of this lease are subject to availability to the Tenant of
funds appropriated by the legislature. If such funds are not available, the Tenant
may terminate this lease by giving the Landlord not less than thirty (30) days prior
notice in writing.
All payments, 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.
Tenant shall pay to Landlord Tenant's proportionate share of all common area
expenses. For the purpose of this Section, the term "common area expenses"
means Landlord's total costs and expenses incurred in owning, operating,
maintaining and repairing the common areas, including without limitation, costs
for all electricity, gas, water or fuel used in connection with the operation,
maintenance, use and repair of the common areas; the amount paid for all
electricity furnished to the common areas to light the parking lots or for any other
purpose; the costs of patching, repairing, repaving or restriping the parking lots;
the amount paid for all labor and/or wages and other payments including costs to
Landlord of worker's compensation and disability insurance, payroll taxes, welfare
and fringe benefits made to janitors, employees, contractors and subcontractors
of Landlord involved in the operation and maintenance of the common areas;
managerial, administrative and telephone expenses related to operation and
maintenance of the common areas; the total charges of any independent
contractors employed in the care, operation, maintenance, cleaning and
landscaping; the amount paid for all supplies, tools, replacement parts of
components, equipment and necessities which are occasioned by every day wear
and tear; the amount paid to maintenance reserve based on projected
replacement of building components; the amount paid for premiums for all
insurance required from time to time by Landlord or Landlord's mortgages and
the pro rata costs of machinery and equipment purchased or leased by Landlord
to perform its common area maintenance obligations. To the extent that Landlord
elects to provide services which are not separately metered or directly billed to
Tenant, such as water and trash hauling, the costs of such services shall be
included in common area expenses. Common area expenses shall not, however,
include interest on debt or capital retirement of debt. Suitable adjustments in
common area expenses incurred shall be made in the determination of Tenant's
proportionate share for any period during the lease term which is less than a full
calendar year.
Tenant shall pay to Landlord as part of the payments described above, Tenant's
proportionate share of all services costs for the Demised Premises used
exclusively by the Tenant. "Services" means Landlord's total costs and expenses as
described above under Common Area Expenses.
4. Exhibit A of the original lease agreement is replaced with the attached
Exhibit A (Lease Amendment 2013-2018).
5. Exhibit B of the original lease agreement is replaced with the attached
Exhibit B (Lease Amendment 2013-2018).
6. The remainder of the Lease Agreement is unchanged.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first hereinabove written.
LANDLORD:
KODIAK ISLAND BOROUGH
TENANT:
ALASKA DEPT. OF FISH & GAME
Charles E. Cassidy, Manager
Date: -11 711—'
Attest:
Nova Javier, C, Borough Clerkjy
(printed name)
Date:
LEASE #IH -248
EXHIBIT A
(Lease Amen men 13-2018)
PREMISES
Exhibit to Lease Amendment between Kodiak Island Borough, as
Landlord, and the Alaska Department of Fish and Game, as Tenant.
1,330 square feet of laboratory space, more particularly described as the
Room 9101 and Room #102, and utilization of the seawater system, all
within the Near Island Research Facility, which is affixed to:
A portion of Tract B -1-A, U.S. Survey 4947, per Plat 2010-8 in the
Kodiak Recording District, Third Judicial District, State of Alaska.
(2/13/2013)
#a
iA'
� p cla
/1'i��roScopt(!�
04q s Vb
my,
EXHIBIT A
/,�►� AmEa)n
Oct LA# -
&I x
`i
10 }
EXMTTB (IXASt: A-iDJAMF-tJT,Z013-2016)
SCHEDULE OF ANNUAL PAYMENTS
Payments wW be made anmully in advance a indicated below. Aber year burceen (14), payment will be hared an
emma cd cervica and common aiea espmm and m9 be paid awomfically in advance. -. _ --
shall be pronated
M a Itt v (30) day month
Cem+neoen8 with aclnal ocavanty of the leased facilities In 1998. the Tenant will mate paynmt<aomrdins to
the Wowingechedss : .
Projected Services &
Common Area Espenses Kodiak island ADF" Marimnm
Year for ADF&G space Borwah Subsidy Anneal Payment
$49,191 549,191 s0
49,683 49,683 0
For yam 3 through 13, a stepped increment of $4,800 per year will be applied as follows:
3
50,180
45,380
4,800
4
50,682
41,082
9,600
5
51,189
36,789
14,400
6
51,701
32,501
19,200
7
52,218
28,218
24,000
8
52,740
23,940
28,800
9
53,267
19,667
33,600
10
53,800
15,400
38,400
11
54,338
11,138
43,200
12
54,881
6,881
48,000 C.'IC
13
55,430
2,630
52,800
For years 14 on, a prorated share of the expenses as indicated in Exhibit A and as indicated in Section 3 of
this agreement will be paid by Tenant, but not to exceed the following maximum amounts!
14
55,984
0
55,984 F,, / -
0
J .
57,109 FYI
6
57,109
7
57,680
0
57,680AY1
8
58,257
0
58,257 FYlb
9
58,840
0 _
58,840%yi{
Page 11 of 11 ammendment
applies to years
115-20 (FY 13-11
April 19, 2013
THE STATE
01ALASKA
GOVERNOR SEAN PARNELL
Bob Scholze
Borough Resource Management Officer
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Re: Near Island Lease Amendment
Department of
Fish and Game
DIVISION OF ADMINISTRATIVE SERVICES
Procurement Office
1255 West 8th Street
P.O. Box 115526
Juneau, Alaska 99811-5526
Phone: 907.465.4133
Fax: 907.465.6181
TtY: 800.478.3648
Enclosed please find one signed original of the Amendment to the Lease Agreement between the KIB and
ADF&G for use of Lab Room #101 and 102 at the Near Island Lab Building.
The department thanks you and the KIB for making this space available for lease to the department.
If I can be of further assistance, please feel free to contact me.
Sincerely,
73a gin
Bill Jackson
Lands & Leasing Coordinator
E-mail: wilharrLjackson2@,daska.gov
n ��Iacf 4J,. 9i__1_3
LEASE #IH -248
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this lath day of July 1997 by and
between KODIAK ISLAND BOROUGH, a borough organized under the laws of the State of
Alaska, hereinafter called Landlord, and the Alaska Department of Fish and Game, hereinafter
called Tenant.
For and in consideration of the covenants, payments 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 payments, 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 located in the Kodiak Recording District, Third Judicial
District, State of Alaska, more particularly described 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 and three (3) reserved parking spaces.
The aforesaid building space, hereinafter referred to as the leased premises, is more specifically
depicted or outlined on the floor plan attached hereto in Exhibit A.
2. Term of Lease. The term of the lease shall be for the period of twenty (20) years following the
commencement of the term, unless sooner terminated as hereinafter provided. The term of the
lease shall commence on October 1, 1998, or upon completion and occupancy of the facility,
whichever occurs later, and shall expire at 5:00 P.M., Alaska Standard Time, on September 30,
2018, or a date twenty years following occupancy, whichever occurs later.
In the event the foregoing commencement provision results in a commencement date other than
on the first day of a calendar month, the payments 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 twenty (20) year term of this Agreement for up
to two (2) additional five (5) year period 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 Agreement or any extension thereof.
Landlord is presently having a building constructed on the premises demised by this lease
agreement. The building is being erected and constructed in accordance with the specifications
and plans contained in Exhibit A attached to and made part of this lease agreement, and is
scheduled for completion on or before October 1, 1998, the date this 20 -year lease is scheduled to
commence.
The failure by Landlord to have the building ready for occupancy by the above -stated date shall
not void or terminate this lease agreement, but the payments specified in Section 3 shall be abated
in full during the entire period between the scheduled commencement of this lease agreement and
Page 1 of 11
FY1997-43 Alaska Fish and Game Lease
Tract &1A US Survev 4947. Plat 2010-8
LEASE #IH -248
fifteen (15) days after Tenant is notified by Landlord that the demised premises are ready for
occupancy.
Payments and the terms of this lease agreement shall be calculated from the date the demised
premises are deemed ready for occupancy, but not sooner than the 16th day following notification
as stated above.
The demised premises shall be considered ready for occupancy when (1) all work on the
construction of the building has been substantially completed including final installation of
equipment and painting, (2) all interior utility fixtures and equipment have been installed and the
premises are ready for utility service connections to be made, (3) all access and service routes and
areas, and the parking surfaces are substantially completed and in usable condition, (4) a
certificate of occupancy has been issued by the building official and (5) notice has been provided
to Tenant, with a copy of the certificate of completion, that the premises are ready for occupancy
by Tenant.
3. Payments. (a) Minimum Annual Payment. 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 total payment for use of said premises herein above described, at the rate per the
schedule attached hereto as Exhibit B. Terms and conditions of this lease are subject to
availability to the Tenant of funds appropriated by the legislature. If such funds are not available,
the Tenant may terminate this lease by giving the Landlord not less than thirty (30) days prior
notice in writing.
All payments, 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.
Tenant shall pay to Landlord, as part of the payment described above, Tenant's proportionate
share of all common area expenses. For the purpose of this Section, the term "common area
expenses" means Landlord's total costs and expenses incurred in owning, operating, maintaining
and repairing the common areas, including without limitation, costs for all electricity, gas, water
or fuel used in connection with the operation, maintenance, use and repair of the common areas;
the amount paid for all electricity furnished to the common areas to light the parking lots or for
any other purpose; the costs of patching, repairing, repaving or restriping the parking lots; the
amount paid for all labor and/or wages and other payments including costs to Landlord of
worker's compensation and disability insurance, payroll taxes, welfare and fringe benefits made to
janitors, employees, contractors and subcontractors of Landlord involved in the operation and
maintenance of the common areas; managerial, administrative and telephone expenses related to
operation and maintenance of the common areas; the total charges of any independent contractors
employed in the care, operation, maintenance, cleaning and landscaping; the amount paid for all
supplies, tools, replacement parts of components, equipment and necessities which are occasioned
by everyday wear and tear; the amount paid to maintenance reserve based on projected
replacement of building components; the amount paid for premiums for all insurance required
from time to time by Landlord or Landlord's mortgages and the pro rata costs of machinery and
Page 2 of 11
LEASE #1H-248
equipment purchased or leased by Landlord to perform its common area maintenance obligations.
To the extent that Landlord elects to provide services which are not separately metered or directly
billed to Tenant, such as water and trash hauling, the costs of such services shall be included in
common area expenses. Common area expenses shall not, however, include interest on debt or
capital retirement of debt. Suitable adjustments in common area expenses incurred shall be made
in the determination of Tenant's proportionate share for any period during the lease term which is
less than a full calendar year. Payments by Tenant on account of Tenant's proportionate share of
the common area expenses are incorporated into the payments specified in Exhibit B.
Tenant shall pay to Landlord as part of the payments described above, Tenant's proportionate
share of all services costs for the Demised Premises used exclusively by the Tenant. "Services"
means Landlord's total costs and expenses as described above under Common Area Expenses.
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. Such consent
shall not be unreasonably withheld. Any such alterations, additions and improvements approved
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 shall remain the property of the Tenant and may be
removed at the termination of this agreement. If the Tenant elects to remove said improvements,
the Tenant will return the building to its original condition, less allowance for wear and tear. The
Landlord may require removal of all or part of alterations 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. 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.
5. Use of Premises. The leased premises shall be used for the purpose for which they were
designed as described in Exhibit A and for no other purpose, without the prior 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 Tenant shall install all equipment in
accordance with all applicable codes and only with prior written consent of Landlord, which shall
not be unreasonably withheld. Tenant shall not 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.
Page 3 of 11
LEASE #IH -248
In the event Tenant's use of the leased premises causes a documented 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
use of the leased premises:
(a) Electricity for normal lighting, air conditioning, and laboratory use. Adjustments for
utilities as a result of equipment not planned for in the original design shall be negotiated
at the time approval to modify the building is requested.
(b) Heat, snow removal for common areas, and sewer and water based on normal laboratory
use.
(c) Janitorial service for the leased premises on a five-day a week basis, and periodic exterior
window washing.
(d) Refuse collection based on normal laboratory use. 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 part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant or
relieve Tenant from any obligation hereunder, unless the demised premises are deemed
untenantable, in which case rent shall be abated until the premises are again tenantable.
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 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 thereof 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 in good end 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, electricity and plumbing, including the sewer
system. If there is clogging of the sewer system that is directly attributable to the Tenant's
operations, the Landlord shall immediately inform the contact person, who will either terminate
the operation clogging the system, or make arrangements to compensate for unavoidable
clogging. The Tenant shall be responsible for any and all maintenance and repairs attributable to
obstructions or objects deliberately or inadvertently introduced or placed in the fixtures, lines or
equipment by Tenant, its employees, agents, licensees or invitees.
Page 4 of 11
LEASE #IH -248
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, steam or snow or ice, running or the overflow of water or sewage 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 God 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 of negligence of
any occupant of the premises, unless Landlord itself is negligent.
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 the occurrence (with the
repair work and the preparations thereof 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 annual payments shall continue. The Landlord will provide alternative facilities for Tenant
until the repair work is completed sufficiently to allow occupancy. 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 four (4) weeks of the occurrence, Landlord or Tenant 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, or
shall not have commenced the restoration or repair work within said 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
annual payments shall be abated.
In the event restoration or repair is delayed by acts or omissions of Tenant, there shall be no
abatement of payments during the period of such delay. If 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 payments, without abatement, during any period of
Page 5 of 11
LEASE #I14-248
repair or restoration and shall be responsible for obtaining alternate facilities during the restoration
period.
If 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 the 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 not leased, 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.
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 law or through any court proceedings, without the prior written consent of Landlord,
which shall not unreasonably be withheld, to such subletting or assigning; any such assignment or
sublease without Landlord's written consent shall be void.
10. Indemnification. Each party agrees that it will be responsible for its own acts and omissions
including those of its officers, agents, and employees, and each party shall indemnify, defend, and
hold harmless the other, to the maximum extent allowed by law, from any claim of or liability for
error, omission or negligent act of whatever kind, including attorney's fees, for damages to
property or injury to persons occasioned by each party's negligent acts or omissions in connection
with the terms of this agreement.
Landlord shall keep the building of which the demised premises are a part insured against all loss
or damage by fire to the extent of the full insurable value thereof, including all improvements,
alterations, additions, and changes made by either party to this lease agreement. All insurance
required by this provision shall be carried for the mutual benefit of the parties in proportion to
their interests in the demised premises. The insurance carrier shall be one mutually acceptable to
the parties.
Tenant shall obtain and maintain any other insurance that Tenant desires on the demised premises
or on the personal property on the demised premises at the expense of Tenant, and any additional
insurance desired by Tenant may be written by any carrier selected by Tenant.
11. Common Areas and Facilities. All common areas and common facilities in or about the
leased premises and the building shall be subject to the exclusive control, scheduling and
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LEASE #IH -248
management of Landlord. 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 other than the leased premises parking, access, and the public facilities.
All common areas and facilities which Tenant may be permitted to use and occupy are to be used
and occupied 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 payments nor shall revocation or diminution of such areas be deemed constructive
or actual eviction unless such revocation or diminution of such areas shall significantly reduce the
value of the facility to the Tenant.
12. Liens. Tenant will not permit any mechanics', laborers' or materialmen'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 sublessees, in connection
with work of any character performed or claimed to have been performed on said premises or
improvements by or at the direction or 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.
13. Default. If default shall be made by Tenant or Tenant's successors or assigns in the payments
reserved in this lease agreement, and that default shall continue for ten (10) days after notice in
writing to Tenant or Tenant's successors and assigns, or if breach other than in the payments as
outlined in Exhibit B shall be made in the terms and conditions of this lease agreement to be
performed by Tenant or Tenant's successors and assigns, and the breach shall continue for thirty
(30) days after notice in writing to Tenant, then and in either event, the right of Tenant to the
possession of the demised premises shall terminate without notice or demand. The mere retention
or possession thereafter by Tenant shall constitute a forcible detainer.
Any reentry shall be made without prejudice to any rights or remedies whether by statute or
common law that might otherwise be used for recovering arrears in payments or for breach of any
terms or conditions of this lease agreement.
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 address:
Page 7 of 11
Landlord:
Tenant:
LEASE NIH -248
Kodiak Island Borough Alaska Dept of Fish & Game
710 Mill Bay Road P.O. Box 25526
Kodiak, Alaska 99615 Juneau, AK 99802
IRS TIN 92-0030845 Attn: Lands & Leasing Coordinator
Any such notices shall be deemed effective on the date of mailing or delivery
15. 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.
16. 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
far any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to
such breach.
17. 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
14 of this lease.
18. Notices of Non -Responsibility. Landlord may enter the demised premises at any time for the
purpose of the posting notices of non -responsibility.
19. 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.
20. Holding Over. In the event that the Tenant holds over at or after the end of the term, the
tenancy shall be deemed a month-to-month tenancy commencing on the first day of the hold -over
period.
21. Signs. Tenant agrees that any signs installed on the demised premises shall be with the
consent of the Landlord.
22. Estoppel Certificates. Tenant shall, at any time and from time to time upon not less than
thirty (30) 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 payment(s)
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LEASE NIH -248
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 thirty (30) 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.
23. Excuse for Non-performance. 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, 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 parry.
24. 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.
25. Entire Agreement. This Agreement, and the exhibits and documents referred to herein, set
forth all of the terms, conditions, covenants and agreements of the parties relative to the subject
matter hereof and supersede any and all former agreements, oral or written, which, upon the
execution and delivery hereof, are hereby terminated and of no further force and effect. There are
no terms, conditions, covenants or agreements with respect hereto except as herein provided.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
first hereinabove written.
LANDLORD: TENANT:
KODIAK ISLAND
Attes
444
Z�Page 9 of 11
5"
FA
OF
LEASE #111-248
DEMISED PREMISES
Exhibit to Agreement between Kodiak Island Borough, as Landlord, and the Alaska Department
of Fish & Game, as Tenant.
Approximately 910 net (1386 gross) square feet of laboratory space (5.7% of proportionate share
of the total building), and utilization of the seawater system (6.0% proportionate share), all of
which relate to the planned Near Island Research Facility, which is affixed to:
Tract B of a portion of United States Survey 4947 according to
plat No. 86-20 in the Kodiak Recording District, Third Judicial
District, State of Alaska.
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LEASE #I1I-248
EXFHBTT B
SCHEDULE OF ANNUAL PAYMENTS
Payments will be made annually in advance as indicated below. After year fourteen (14), payment will be based on
estimated services and common area expenses and will be paid automatically in advance. The Tenant will receive
an annual statement of actual expenses as defined in Section 3 of this agreement for each year, beginning with year
14 and continuing for the duration of this agreement. Based on the Tenant's prorated share of actual expenses, the
Tenant shall be credited on the next year's estimated prorated expenses any overpayment by the Tenant for the
previous year. Landlord agrees that in recognition of the capital contribution provided for the Alaska Department
of Fish and Game by the Kodiak Island Borough from proceeds from the sale of Shuyak Island, the Tenant will not
be charged for actual ground or space rent. In addition, the Kodiak Island Borough has subsidized partial payment
of the first thirteen (13) years services and common area expenses. Payment for any partial month's occupancy
shall be prorated, based on a thirty (30) day month.
Commencing with actual occupancy of the leased facilities in 1998, the Tenant will make payments according to
the following schedule:
Projected Services &
Common Area Expenses Kodiak Island ADF&G Maximum
Year for ADF&G space Borough Subsidy Annual Payment
$49,191
49,683
$49,191
49,683
For years 3 through 13, a stepped increment of $4,800 per year will be applied as follows:
40
3
50,180
45,380
4,800
4
50,682
41,082
9,600
5
51,189
36,789
14,400
6
51,701
32,501
19,200
7
52,218
28,218
24,000
8
52,740
23,940
28,800
9
53,267
19,667
33,600
10
53,800
15,400
38,400
11
54,338
11,138
43,200
12
54,881
6,881
48,000
13
55,430
2,630
52,800
For years 14 on, a prorated share of the expenses as indicated in Exhibit A and as indicated in Section 3 of
this agreement will be paid by Tenant, but not to exceed the following maximum amounts:
14
55,984
0
55,984
15
56,544
0
56,544
16
57,109
0
57,109
17
57,680
0
57,680
18
58,257
0
58,257
19
58,840
0
58,840
20
59,428
0
59,428
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