FY2023-07 M. Scarcelli Housing AgreementContract PY2022=06
Contract # 2023-07
EMPLOYEE HOUSING USE AGREEMENT
225 RESEARCH COURT, UNIT 202
THIS EMPLOYEE HOUSING USE AGREEMENT (herein, Agreemeno is made and
entered into on the '/� day of A/ 2022, by and between the Kodiak Island Borough,
hereinafter referred to as Emplo r ad Michael Scarcelli, hereinafter referred to as Employee.
WHEREAS, Employer is the owner of certain real property being, lying and situated in
Kodiak, Alaska, such real property consisting of a residential dwelling unit with 1 bedroom and 1
bathroom, and which includes one (1) off street parking space, such property having a street
address of 225 Research Court, Unit 202, Kodiak, Alaska 99615 (hereinafter referred to as the
Premises); and,
WHEREAS, Employer has extended an offer of employment to Employee which includes
providing transitional housing pending Employee securing his own housing; and,
WHEREAS, Employer desires to permit Employee to occupy the Premises for temporary
housing pending securing permanent housing upon the terms and conditions as contained herein;
and,
WHEREAS, Employee desires to occupy the Premises on the terms and conditions as
contained herein.
1. Duration. Employer shall permit Employee to occupy the Premises together with
any and all appurtenances thereto for up to a maximum of sixty (60) days beginning July 1, 2022.
This term may be extended at the discretion of the Employer for good cause and on such terms
as may be agreed upon.
2. Use Charges. The normal rental rate for the Premises is $1,200.00 per month plus
$52.50 in applicable sales tax for a total of $1,252.50 per month. Employee shall not be charged
a rental rate, but the value of the Premises shall be treated as compensation, prorated on a daily
basis during occupancy, and that value will be subjected to payroll taxes per IRS Publication 15
Employer's Tax Guide (Circular E), Supplemental Wages.
3. Damages. Employee shall be responsible for any damage to the Premises during
Employee's use and occupancy.
4. Keys. Employer shall issue keys to Employee. Employee shall notify Employer
immediately if any keys are lost or stolen. There will be a $200.00 replacement charge for any
lost or stolen keys.
5. Use of Premises. Said Premises shall be used and occupied by Employee
exclusively as a transitional employee housing, and neither the Premises nor any part thereof
shall be used by Employee at any time during the term of this Agreement for any other purpose.
The Premises shall be occupied by no more than one (1) adult and (0) children. Employee shall
not allow any other person, other than Employee's immediate family or transient relatives and
friends who are guests of Employee, to use or occupy the Premises without first obtaining
Employer's written consent to such use. Employee shall comply with all sanitary laws,
ordinances, rules, and restrictions of appropriate governmental authorities affecting the
cleanliness, occupancy, and preservation of said Premises during the term of this Agreement.
Employee shall not grow marijuana on the Premises.
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6. Inspection and Disclaimer of Warranty. Employee has been offered and has had
an adequate opportunity to inspect the Premises, common areas and all improvements. THE
PREMISES, COMMON AREAS AND IMPROVEMENTS THEREON, ARE BEING PROVIDED
"AS IS" IN THEIR PRESENT CONDITION AND STATE OF REPAIR, WITH NO EXPRESS OR
IMPLIED REPRESENTATIONS, STATEMENTS, OR WARRANTIES BY THE EMPLOYER AS
TO PHYSICAL CONDITIONS, QUALITY OF CONSTRUCTION, WORKMANSHIP, STATE OF
REPAIR, SAFETY OR FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE
SPECIFICALLY DISCLAIMED. Employee agrees that, should Employee become aware of a
condition which renders the Premises unfit for habitation or interferes with essential services,
Employee shall immediately notify Employer of the condition in writing.
7. Maintenance and Repair Rules. Employee will, at its sole expense, keep and
maintain the Premises and appurtenances in good and sanitary condition and repair during the
term of this Agreement and any extension thereof. Without limiting the generality of the foregoing,
Employee shall:
(a) not obstruct or cover the windows or doors;
(b) not leave windows or doors in an open position during any inclement
weather;
(c) not cause or permit any locks or hooks to be placed upon any door or
window without the prior written consent of Employer;
(d) keep all lavatories, sinks, toilets, and all other water and plumbing
apparatus in good order and repair and shall use same only for the purposes for which they were
constructed. Employee shall not allow any sweepings, rubbish, sand, rags, ashes or other
substances to be thrown or deposited in a sink or toilet. Any damage to any such apparatus and
the cost of clearing stopped plumbing resulting from misuse shall be borne by Employee;
(e) Employee shall maintain and test smoke detector and CO devices on each
floor which have been supplied by Employer as required by A.S. 18.70.095;
(f) Employee's family and guests shall at all times maintain order in the
Premises and at all places on the Premises, and shall not make or permit any loud or improper
noises, or otherwise, disturb other residents in neighboring apartments;
(g) keep all radios, television sets, stereos, phonographs, etc., turned down to
a level of sound that does not annoy or interfere with other residents;
(h) deposit all trash, garbage, rubbish or refuse in the locations provided
therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to
stand on the exterior of any building or within the common elements; and,
(i) Employee shall comply with the facility use rules appended to this
Agreement as Exhibit A.
8. Assignment and Subletting. Employee shall not assign this Agreement or sub -let
or grant any license to use the Premises or any part thereof without the prior written consent of
Employer. A consent by Employer to one such assignment, sub -letting or license shall not be
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deemed to be a consent to any subsequent assignment, sub -letting or license. An assignment,
sub -letting or license without the prior written consent of Employer or an assignment or subletting
by operation of law shall be absolutely null and void and shall, at Employer's option, terminate
this Agreement.
9. Alterations and Improvements. Employee shall make no alterations to the building,
surrounding premises, and/or the interior of said Premises without the prior written consent of
Employer. Any alterations permitted by Employer shall be performed and completed in a
workmanlike manner and in compliance with all applicable building and zoning codes. All
alterations, changes, and improvements built, constructed, or placed on the Premises by
Employee, with the exception of movable personal property, shall, unless otherwise provided by
written agreement between Employer and Employee, become the property of Employer and
remain on the Premises at the expiration or sooner termination of this Agreement.
10. Heat and Utilities. Employer shall pay for the following utilities: water, sewer,
garbage, electricity, internet, and heating fuel. Employee shall pay for all other utilities including
but not limited to television and telephone charges and Employer is not liable for such charges
incurred by Employee. Employee shall have Employee paid utilities switched into his name
immediately.
11. Pets. Employee shall not be allowed to have or bring, even temporarily, any animal
(including mammals, reptiles, birds, rodents, or insects) anywhere on the Premises or on
Employer's property at any time.
12. Right of Inspection. Employer, or Employer's agents, shall have the right at all
reasonable times during the term of this Agreement, and any renewal thereof, to enter said entire
Premises, upon 24 -hours' advance notice to Employee, for the purpose of inspecting the entire
Premises, and all improvements thereon; for the purpose of making any repairs, additions or
alterations as may be deemed appropriate by Employer for the preservation of the Premises or
the building; or to show the Premises to prospective employees or buyers. Employer may enter
said entire Premises in lieu of 24 -hours' advance notice if Employer deems an emergency
requires immediate entry.
13. Fire or Casualty Damage to Residence. In the event the Premises are destroyed
or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the
negligence of Employee, this Agreement shall terminate from such time except for the purpose of
enforcing rights that may have then accrued hereunder.
14. Hold Harmless.
(a) Claims of Employee's guests and invitees. Employer shall not be liable for
any damage or injury of or to the Employee, Employee's family, guests, invitees, agents or
employees or to any person entering the Premises or the building of which the Premises are a
part or to goods or equipment, or in the structure or equipment of the structure of which the
Premises are a part, and Employee hereby agrees to indemnify, defend and hold Employer
harmless from any and all claims or assertions of every kind and nature.
(b) Claims for damage to or loss of Employee's property. Employee shall be
responsible for obtaining, at Employee's expense and discretion, Employee's own insurance
against casualty or loss of property. Employee shall hold Employer harmless for any loss
Employee may incur as a result of theft, fire, flood, or such other casualty.
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15. Termination. This occupancy Agreement shall automatically terminate on the first
to occur of: Employee's employment with Employer terminating; expiration of the sixty (60) day
maximum term, or any extension thereof; or, Employee's vacating the Premises having secured
housing. On termination of this Agreement, whether by breach or expiration of its term, Employee
agrees that Employee will vacate and depart the Premises leaving it in as good of condition and
state of repair as when possession was taken except as to ordinary wear and tear. Upon
termination and the Employee vacating the Premises, any carpeting or flooring, lighting fixtures,
wall paneling and other permanent fixtures or improvements which may have been installed by
Employee or at Employee's direction will become the property of Employer without cost or
expense to Employer except as may otherwise be expressly provided herein.
16. Move -Out Cleaning. Employee agrees to have the Premises cleaned by a
professional cleaner upon vacating said Premises. Employee will provide a receipt to Employer
as proof that said cleaning has occurred.
17. Lien Indemnification. Employee shall not allow the Premises to become subject to
any lien, charge, or encumbrance as result of Employee's acts or neglect, and Employee shall
indemnify Employer against any such liens, charges or encumbrances.
18. Notice. Any notice, request or other communication required or permitted to be
given under this Agreement shall be deemed properly given or made when either hand delivered
or mailed by registered or certified mail in the ordinary course, postage prepaid, if addressed as
follows:
EMPLOYEE: Michael Scarcelli
225 Research Court, Unit 202,
Kodiak, Alaska 99615
Email: sitkaplanner@gmail.com
Phone: (215) 554-9560
EMPLOYER: Kodiak Island Borough
Borough Manager
710 Mill Bay Road
Kodiak, Alaska 99615
Phone: (907) 486-9302
19. General Provisions.
(a) Law Governing Disputes. This Agreement shall be governed, construed
and interpreted by, through and under the laws of the State of Alaska.
(b) Descriptive Headings. The descriptive headings used herein are for
convenience of reference only and they are not intended to have any effect whatsoever in
determining the rights or obligations of the Employer or Employee.
(c) Construction. The pronouns used herein shall include, where appropriate,
either gender or both, singular and plural.
(d) Non -Waiver. No indulgence, waiver, election or non -election by Employer
under this Agreement shall affect Employee's duties and liabilities hereunder.
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(e) Modification. The parties hereby agree that this Agreement contains the
entire agreement between the parties and this Agreement shall not be modified, changed, altered
or amended in any way except through a written amendment signed by all of the parties hereto.
(f) Entire Agreement. This Agreement sets forth all the covenants, promises,
agreements, conditions and understandings between the parties hereto, and there are no
covenants, promises, agreements, conditions or understandings, either oral or written, between
them other than as herein set forth. Except as herein otherwise expressly provided, no
contemporaneous or subsequent agreement, understanding, alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of
the agreement between the parties.
ATTEST:
qltm -A .
Nova Javier, MMC
Borough Clerk
Kodiak Island Borough
EMPLOYEE:
By:-�'`Date:
Michael Scarc li
EMPLOYER:
By: Date: ,
David Conrad
Administrative Officer
Kodiak Island Borough
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