FY2021-26 KFRC Lab Room Unit 205 Lease Agreement with KRAAKI6 Contract FY2021-26A
EXTENSION TO LEASE AGREEMENT
In accordance with the lease agreement between the Kodiak Island Borough (KIB) and Kodiak Regional
Aquaculture Association (KRAA) dated July 1, 2020 (KIB Contract FY2021-26) for use of the premises
described as Wet Lab (Room #205) located in the Kodiak Fisheries Research Center, "tenant shall have
the option to extend the initial term of lease for up to two (2) additional two (1) year periods on the
same terms and conditions" after the initial expiration of June 30, 2023.
KRAA, as tenant, wishes to exercise its option for extending the lease through June 30, 2024, at the
existing lease rate of one thousand five hundred seventy-seven dollars and six cents ($1577.06) per
month.
All other terms and conditions of lease remain the same.
TENANT
Kodiak Regional Aquaculture Association
ina Fairbanks
Executive Director
Date: / 4 zo2
LANDLORD
Kodiak island Borough
Aw,a�, lel R.*Aw-k-
Aimee Williams
Manager
Date: 21 7tu-W Z3
[ yaO * N ZoZI - Z(o
Kodiak Island Borough
ENGINEERING & FACILITIES DEPT.
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9394 Fax (907) 486-9394
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this /5S - day of JjjjU 2020 by and between
THE KODIAK ISLAND BOROUGH (KIB), a boa borough ganiz d under the laws of the state
of Alaska, hereinafter called Landlord, and Kodiak Regional Aquaculture Association
(KRAA), hereinafter called Tenant.
For and in consideration of the covenants, rents, and demises, and upon the terms and
conditions hereinafter set forth, the parties agree as follows:
1. Premises. Landlord, for and in consideration of the 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 within the Kodiak Fisheries Research
Center (KFRC) on Tract A of Tract B -1-A, U.S. Survey 4947 according to Plat 2013-4 in the
Kodiak Recording District, Third Judicial District, State of Alaska, more particularly
described as the Wet Lab (Room #205) totaling 682 square feet, as illustrated in Exhibit "A"
(attached hereto and by this reference made a part hereof), together with the use of common
areas including but not limited to access thereto. stairwells, hallways, restrooms and
commensurate parking.
2. Term of Lease. The term of the lease shall be for the period of three (3) years following the
commencement of the term, unless sooner terminated as hereinafter provided. The term of
the lease shall commence on March 15, 2020, and shall expire at 5:00 P.M., Alaska Standard
Time on June 30, 2023.
In the event the foregoing commencement provision results in a commencement date other
than on the first day of a calendar month, the rent shall be immediately paid for such initial
fractional month prorated on the basis of a thirty (30) day month.
Tenant shall have the option to extend the initial term for up to two (2) additional one year
periods on the same terms and conditions by providing written notification to Landlord at
least thirty (30) days prior to the effective date of termination of this Lease Agreement or
any extension thereof.
Both parties have the right to terminate this lease with sixty (60) days written notification.
Rental. In consitleration of the demise and leasing of the premises aforesaid by Landlord,
the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for the premises,
at the rawoftwo dollars and thirty cents ($2.3036) per square foot, the sum of one thousand
five hundred and seventy-one dollars and six cents ($1,571.06) monthly in advance, on or
before the first day of each month of the lease term. Tenant will also be responsible for a
proportional share of the cost to maintain the de -ionized water system, which is $6.00 per
month, bringing the total rent to one thousand five hundred and seventy-seven dollars and
six cents ($1,577.06).
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All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the
Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord
may designate from time to time in writing.
4. Alteration of Premises. Tenant shall not make any alterations, additions, or improvements in
or to the leased premises without first obtaining the written consent of Landlord. Any such
alterations, additions and improvements consented to by Landlord shall be made at Tenant's
expense. Tenant shall secure all governmental permits required in connection with such work
and shall hold Landlord harmless from all liability and liens resulting therefrom. All
alterations, additions and improvements, except trade fixtures and appliance and equipment
which do not become attached to the building, shall immediately become a part of the realty
and the property of the Landlord without obligation to pay therefore, except that Landlord
may require removal of all or part thereof by Tenant at the termination of the lease, at
Tenant's expense, and Tenant shall pay for or repair any damages to the leased premises,
including, without limitation, any necessary patching, repainting, and repairing caused by
such removal. Upon removal of the trade fixtures and appliances and equipment which do
not become attached to the building, Tenant shall restore the leased premises to the same
condition that they were in prior to the installation of said items, including, without
limitation, any necessary patching, repainting and repairing. Any trade fixtures, appliances,
equipment or other property not removed from the leased premises by Tenant upon
termination of the lease shall be deemed abandoned by Tenant, provided that Tenant shall
save Landlord harmless from any loss, cost, or damage arising from Tenant's failure to
remove such items.
5. Use of Premises. The leased premises shall be used for general lab space, and for no other
purpose, without the prior written consent of Landlord. Tenant shall not use or permit the
leased premises or any part thereof to be used for any purpose in violation of any municipal,
borough, state, federal or other governmental law, ordinance, rule, or regulation. Tenant
agrees that Tenant, together with all other persons entering and/or occupying the leased
premises at Tenant's request or with Tenant's permission, will abide by, keep and observe all
reasonable rules and regulations which Landlord may make from time to time for the
management, safety, care and cleanliness of the building, and the preservation of good order
therein, as well as for the convenience of other occupants and tenants of the building, and
for the use of any parking areas adjacent to the building. The violation of any such rules and
regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall not,
without Landlord's prior written consent, use, operate or install any electrical or mechanical
equipment, machinery, or mechanical devices in the leased premises, except in compliance
with the highest standards applicable to the leased premises, except in compliance with the
highest standards applicable to the use, operation, or installation of such equipment,
machinery or devices, generally recognized by the profession or industry in which Tenant is
engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein,
in such a manner as to cause substantial noise or vibration, or unreasonable disturbance to
other tenants in the building. In the event Tenant's use of the leased premises causes an
increase in Landlord's fire or hazard insurance premiums: Tenant shall reimburse Landlord
for such increase.
6. Taxes. Tenant shall pay any and all taxes levied on personal property and trade or other
fixtures in the leased premises, and any license and excise fees and occupation taxes covering
business conducted on the leased premises, and as additional rent, an amount equal to any
sales taxes on rentals payable hereunder.
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7. Utilities. Landlord shall furnish, at its expense, the following utilities,and services
for nominal office use of the leased premises:
A. Electricity for normal lighting, air conditioning, and office use. Special or
additional electrical requirements shall be paid by Tenant.
B. Heat, snow removal for common areas, and sewer and water based on
normal office use.
C. Refuse collection based on normal office 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 in part beyond the reasonable control of Landlord shall be deemed an
eviction of Tenant or relieve Tenant from any obligation hereunder.
8. 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, always maintain the interior of the leased premises in good condition
and repair, all in accordance with the laws of the State of Alaska and all directions and
regulations of governmental agencies having jurisdiction hereof. Tenant shall commit no
waste of any kind in or about the leased premises, and Tenant shall pay for all damage to the
building, as well as damage to tenants or occupants hereof, caused by Tenant's misuse or
neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term
hereof, or on the termination of this lease, Tenant shall, following an exit inspection
satisfactory to the Landlord, surrender the leased premises in good and clean condition,
normal wear and tear excepted.
Landlord shall maintain and repair all plumbing, lines and equipment installed for the
general supply of hot and cold water, heat, ventilation and electricity, except that Tenant
shall be responsible for any and all maintenance and repairs attributable to obstruction or
objects deliberately or inadvertently introduced or placed in the fixtures, lines or equipment
by Tenant, his employees, agents, licensees or invitees.
Landlord shall not be responsible or liable at any time for any loss or damages to Tenant's
equipment, fixtures, or other personal property of Tenant or to Tenant's business except to
the extent attributable to Landlord's negligence.
Landlord shall not be responsible or liable to Tenant or to those claiming by, through or
under Tenant for any loss or damages to either the person or property of Tenant that may be
occasioned by or through the acts or omissions of persons occupying other portions of the
building.
Landlord shall not be responsible or liable for any defect, latent or otherwise, in the building
in which the leased premises is situated, or any of the equipment, machinery, utilities,
appliances or apparatus therein nor shall it be responsible or liable for any injury, loss or
damage to any person or to any property of Tenant or other person caused by or resulting
from bursting, breakage or by or from leakage, stream or snow or ice, running or the
overflow of water or sewerage in any part of said leased premises, the building, or the
surrounding area, or for any injury or damage caused by or resulting from acts of nature or
the elements, or for any injury or damage caused by or resulting from any defect in the
occupancy, construction, operation or use of any of said leased premises, building,
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machinery, apparatus or equipment by any person or by or from the acts or negligence of
any occupant of the premises, unless Landlord itself is negligent.
9. Fire and Other Casualty. Should the leased premises be damaged by fire or other casualty,
and if the damage is repairable within four (4) weeks from the date of occurrence (with the
repair work and the preparations therefore to be done during regular working hours on regular
work days), the damages shall be repaired with due diligence by Landlord, an in the meantime
the monthly rental shall be abated in the same proportion that the untenable portion of the
leased premises bears to the whole thereof. Should the leased premises be completely
destroyed by fire or other casualty, or should they be damaged to such an extent that the
damage cannot be repaired within the four (4) weeks of the occurrence, Landlord shall have
the option to terminate this lease, and Landlord shall advise Tenant within thirty (30) days
after the happening of any such damage whether Landlord has elected to continue this lease
in effect or to terminate it. If Landlord shall elect to continue this lease in effect, it shall
commence and prosecute with reasonable diligence any work necessary to restore or repair
the leased premises. If Landlord shall fail to notify Tenant of its election within said thirty -
day period, Landlord shall be deemed to have elected to terminate this lease, and the lease
shall thereafter automatically terminate. The commencement by Landlord of repair work
shall be deemed to constitute notice that Landlord has elected to restore or repair the leased
premises. For the period from the occurrence of any damage to the leased premises to the
date of completion of the repairs (or to the date of termination of the lease if Landlord shall
elect not to restore the leased premises), the monthly rental shall be abated in the same
proportion as the portion of the leased premises bears to the whole thereof.
In the event restoration or repair is delayed by acts or omissions of Tenant, there shall be no
abatement of rental during the period of such delay. If the fire or damage is caused by the
carelessness, negligence or improper conduct of Tenant, then notwithstanding other
provisions of this lease, Tenant shall remain liable for the rent, without abatement, during
any period of repair or restoration.
If the Landlord, in its discretion, shall decide within thirty (30) days after the occurrence of
any fire or other casualty in the building, even though the leased premises may not have been
affected by such fire or other casualty, to demolish, rebuild or otherwise replace or alter the
building containing the leased premises. Then upon written notice given by Landlord to
Tenant, this lease shall terminate on a date specified in such notice, but no sooner than thirty
(30) days from the date of such notice, as if that date had been originally fixed as the
expiration date of the term herein leased. Tenant and Landlord hereby mutually release each
other from liability and waive all right of recovery against each other for any loss from perils
insured against under their respective fire insurance policies, including any extended
coverage and endorsements thereto; provided, however, that this paragraph shall be
inapplicable if it would have the effect, but only to the extent that it would have the effect,
of invalidating any insurance coverage of Landlord or Tenant.
Restoration or repair work conducted in the common areas, in areas of the building unleased,
or leased to other tenants, or the noise or interference arising therefrom, shall not be deemed
an eviction of Tenant, or a breach of this lease, but Tenant's obligation to pay rent shall be
abated during such period of time as Tenant is unable to conduct business at the leased
premises by reason of actual physical interference with use of the leased premises as a result
of such restoration or repair work.
10. 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
Page 4 of 7
Landlord to such subletting or assigning; any such assignment or sublease without Landlord's
written consent shall be void.
11. Indemnification. Tenant agrees to protect, defend, indemnify and save harmless Landlord
from and against any and all claims (no matter how meritless) demands, and causes of action
of any nature whatsoever, and any expenses incident to defense of and by Landlord therefrom,
for injury to or death of persons or loss of or damage to property occurring on the leased
premises, or in any manner arising out of Tenant's use and occupation of said premises, or
the condition thereof, during the term of this lease. Tenant shall procure and maintain public
liability insurance coverage, naming Landlord as an insured, which coverage, pertaining to
the leased premises, shall not be less than $500,000 per person for bodily injury or death,
$1,000,000 per occurrence for bodily injury or death, and $ 100,000 for property damage.
Landlord shall be an additional named insured in such policy or policies. Such policy or
policies shall be written by a responsible insurance company or companies satisfactory to
Landlord. Upon the signing of this Agreement, certificates of insurance showing compliance
with the foregoing requirements shall be furnished by Tenant to Landlord for approval.
Certificates shall state that the policy or policies will not be canceled or altered without at
least thirty (30) days, prior written notice to Landlord. Maintenance of such insurance and
the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of
liability under this indemnity agreement.
12. 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
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.
13. Ll.=. Tenant will not permit any mechanics', laborers' or material men's liens to stand against
the leased premises or improvements for any labor materials furnished to Tenant or claimed
to have been furnished to Tenant, or to Tenant's agents, contractors, or sublessee, in
connection with work of any character performed or claimed to have been performed on said
premises or improvements by or at the direction of sufferance of Tenant; provided, however,
Tenant shall have the right to contest the validity or amount of any such lien or claimed lien.
In the event of such contest, Tenant shall give to Landlord such reasonable security as may
be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will
immediately pay any judgment rendered with all proper costs and changes and shall have
such lien released orjudgment 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.
14. Default. If the TENANT should default in the performance of any of the terms, covenants or
stipulations herein contained, or violate any of the regulations or ordinances of the Borough,
and said default shall not be remedied within thirty (30) days after written notice of such
default has been served upon the TENANT by the KIB, the TENANT shall be subject to
such legal action as the KIB shall deem appropriate, including, the right of KIB to
immediately reenter and repossess the property with or without judicial process, and
TENANT covenants and warrants that upon demand TENANT will surrender and deliver
quiet possession of the premises to KIB. No improvement may be removed by the TENANT
during any period in which this lease is in default. In the event that this lease shall be
terminated because of a breach of any of the terms, covenants or stipulations contained
Page 5 of 7
herein, the improvements made by the TENANT shall be retained by KIB as liquidated
damages.
15. Notices. Any and all notices required or permitted under this lease, unless otherwise specified
in writing by the party whose address is changed, shall be mailed, certified or registered mail,
or delivered, to the following addresses:
LANDLORD: TENANT:
Kodiak Island Borough Kodiak Regional Aquaculture Assoc.
710 Mill Bay Road 104 Center Ave, Suite 205
Kodiak, AK 99615 Kodiak, AK 99615
Any such notices shall be deemed effective on the date of mailing or delivery.
16. Riahts or Remedies. Except insofar as this is inconsistent with or contrary to any provision
of this lease, no right or remedy herein conferred upon or reserved to Landlord is intended
to be exclusive of any other right or remedy, and each and every right and remedy shall be
cumulative and in addition to any other right or remedy given hereunder, or now or hereafter
existing at law or in equity or by statute.
17. Inspection, Landlord shall at all reasonable times during Tenant's business hours have
access to the premises for the purpose of inspection. Prior to termination of lease, landlord
will conduct an exit inspection with tenant to ensure that premises have been vacated and
cleaned to landlord's satisfaction.
18. Notices of Non -responsibility. Landlord may enter the demised premises at any time for
the purpose of 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 needed a month-to-month tenancy commencing on the first day of the
holdover period.
21. ,&pg. Tenant agrees that any sign or signs installed on the demised premises shall be with
the consent of the Landlord.
22. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At the request
of either Landlord or Tenant, the parties shall execute a memorandum lease for recording
purposes in lieu of recording this lease, in such form as may be satisfactory to their
respective attorneys.
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, terrorist activity, inability to procure labor,
equipment, facilities, materials or supplies in the open market, failure of transportation,
strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any
other cause whether similar or dissimilar to the foregoing which is not within the reasonable
control of such party.
Page 6 of 7
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.
ACKNOWLEDGMENTS
IN WITNESS WHEP OF, the parties have hereunto set their hands and seals this
JtF day of I/lAf/ 2020.
TENANT:
l % - Nitt ��/ NA- :F^'v 6L✓IIC" f , Wkvt �tve c�-
Kodiak Regional Aquaculture Association
DATE: 7// /2oZc�
LAN
KODIAK ISLAND BOROUGH
Borough Mana�er�
DATE:
ATTEST:
--
KODIAK ISLAND BOROUGH
Clerk
DATE:
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