KODIAK TWNST BK 15 LT 2 - ZCP 7/13/2023Kodiak Island Borough Community
Development Department Aft
710 Mill Bay Rd. Rm 205Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396
Zoning Compliance Permit
Permit No. ( uo'---�n ooz
The following Information is to be supplied by the Applicant:
Property Owner/Applicant: SUSAN SMITH
Mailing Address: PO Box 670 410 Thorsheim Street Kodiak 99615
Phone Number: (907) 486-5610
Other Contact email, etc.: ssmith@bfskine.org
Legal Description:
Subdv: KJAalo �i—aon-5ite— Block: i:j Lot: 'Z
Street Address: 410 Torsheim STreet Kodiak 99615
Use & Size of Existing Structures:
Brother Francis Shelter Please See attached plans.
Description of Proposed Action:
Indoor,
Mechanical HVAC System Upgrades
Site Plan to include lot boundaries and evicting easements, existing buildings, proposed location of new construction, access points, and
vehicular parking areas, As Built required with all improvement changes.
Staff Compliance Review: Current Zoning 1 go PROP ID 15 74Z.
Lot Area. N 1 Lot Width: in \ I /i Building Height /,
L
Front Yard: 1, \ 1l A Rear Yard: �A `V 1i T^1 Side Yard: N lv-
Parking plan? N t A g Of Req'd Spaces: w As Built:
Staff Compliance Review Notes and Specific Plat / Subdivision Requirements:
-ur I,-)3 vC L - Nb hilt ii-0+ ure , L en& at&ada d
Subd Case No. - Plat No. Building Perri
Does the project involve
an EPA defined facility?
•commercialbuildings, Installations(militarybases),
institutions (schbols: hospitals) and residences
with mars, than four (4)dwelling units
Driveway
Permit?
Septic Plan
Approval:
Fire
Marshall:
Proof of EPA notification provided (if required)?
'Required for all demolitions, for renovations disturbing at least UO square .....
feet.260linearfeet. or35mbicfeemf Regulated Asbestos Containing Material (RAQW, and for
renovations that remove a lmd-mppordngsimaure/member er.
No oermit will be issued for such Drdects without Droof of EPA
notification
Aoolicant Certification: therebycertifythat Iwillcomplywiththe provisions ofthe Kodiak lslandiSorough Code andthat I
have the authority to certifythisas the propertyowner, orasarepresentativeofthepropertyowner. I agreeto have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Yes List other: Mechanical Plans, and Scope of Work
Date: t7 / j d / 2.d Z 3 Print Name: Jos d'o 'y' . 7-,
Dale: rJ )D Z Signature
This permit is only for the proposed project as described by the applicant If there are any changes to the
proposed project, including its intended use, prior to or during itssiting, construction, operation, contact this
office immediately to determine if further review and approval of the revised project is necessary.
THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED.
"EXPIRATION: Anyzoningcompliancepermitissuedissubject tothesameexpiration,suspension, andrevocadonprovisionsasa
building permit issued for the sameconstrucdon permit **
COD Staff Certification
�'� l� '
Date: (�Z CDD Staff: t< Y_i!
Payment Verification Zoning Compliance Permit Fee Payable in Cashiers Office Room It 104- Main floor of Borough Building
After -the -Fact 2X the published amount
Not App licable
❑
$0.00
❑
$0.00
Lessthan 1.75acres:
6�
$30.00
$60.00
1.76 to S.00 acres:
Ei
$60.00
$120.00
5.01 to 40.00 acres:
El
$90.00
$180.00
40.01 acresor more:
c3
$120.00
Ei
$240.00
Transaction Receipt - Success
Kodiak Island Borough
Kodiak Island Borough Community Development
MID:200006988265
710 Mill Bay Road
Kodiak, AK 99615
907-486-9323
07/13/2023 10:32AM
Remittance ID:
Kodiak071323143051356Cur
Transaction ID:
307993449
PHIL BERG
PO Box 670
KODIAK, Alaska 99615
United States
Visa - 2629
Approval Code: 05727G
Sale
Amount: $30.00
Susan Smith/Brother Francis Shelter
907-486-5610
CZ2023-002
410 Throsheim Street
Service Fee: $1.00
Service Fee Type: Dual Transaction
Total Amount: $31.00
Cardmember acknowledges
receipt of goods and/or
services in the amount of
the total shown hereon and
agrees to perform the
obligations set forth by the
cardmember's agreement with
the issuer.
Signature
click here to continue.
SHEET METAL INC.
HVAC • PLUMBING • CONTROLS • SERVICE
Page 1 of 3
July 10, 2023
Project: Brother Francis Shelter Mechanical Upgrades
Kodiak, Alaska
Subject: Design Build Bid Proposal
Thank you for inviting Sheet Metal Inc. to propose on your project. We understand the project to
consist of a Mechanical, Electrical, Plumbing, Controls, and General Construction design for one
6,400 sq. ft. Building. The goal of the project is to restore functionality to the existing ventilation air in
the facility, provide new ventilation air to the 10 floor office areas not currently ventilated, and
relieve objectionable odors from within the Shelter spaces. Three phased design submittals will be
provided for owner review (50, 95, and 100%).
Our drawings will be sealed by Alaska registered Engineers, to be used for obtaining State plan
reviews and Building permits and accomplishing the construction using qualified workmen. These
drawings will be diagrammatic, not shop drawings. Specifications will be provided on the drawings.
We will assist with technical issues related to our new design to obtain plan approval.
Mechanical Narrative:
SMI intends to furnish and install One new 1200 CFM Heat recovery ventilation system to provide
ventilation air for the building. New ductwork will tie into the existing ventilation shafts in the attic
area. New duct to the unventilated office areas will be ran through the attic as well. The outside air
for the unit will be drawn through a wall louver adjacent to the mechanical room in the east wall.
Exhaust air will exit through a new roof hood above the mechanical room space. The existing
exhaust fans and exhaust system for the bathrooms and kitchens in the facility appear to be
operational and will remain as is.
SMI believes this design approach to be the most efficient for 2 reasons:
1. The HRV will providel 00% fresh outside air and 100%exhaust air. This will guarantee the best
air quality for the facility through maximum air exchanges and evacuate 100% of any
objectionable odors as opposed to recirculating any return air.
2. With the use of a heat recovery unit the design approach is very energy efficient for the
facility.
Our proposed design requires the re -purposing of an area above stairway 210. SMI intends to
enclose a small mechanical room above this stairway to house the new HRV unit. Access for this unit
will be through a '/2 door inside shelter 211 room adjacent to the stairway. Please reference
attached plan sheet and architectural narrative for clarity.
New Mechanical services will be provided to support the installation of this HRV including electrical,
controls, and mechanical. Re-routing of existing utilities as required to support installation of new
mechanical room and systems is included. Existing HVAC ductwork and grills will be re -used to the
extent practical and replaced or re-routed as required for a quality installation. SMI will provide all
work required for a complete turnkey mechanical installation. The building will be tested, adjusted,
and balanced by our AABC certified balancing agency.
6517 Arctic Spur Road, Anchorage AK, 99518 907.569.6909
�o
9
General Construction Narrative:
Page 2 of 3
General construction work will be performed by a licensed, bonded, and qualified contractor. The
new mechanical room construction will be designed to allow for a qualified descriptive build
procedure and will be installed and inspected per state and local codes and authorities. Please see
the attached architectural narrative for further explanation.
Inclusions:
• Camp days.
• Meals.
• Airfare.
• Freight.
• Onsite transportation.
• Air Balancing.
• Mechanical Insulation as required.
• Controls, Devices, Low Voltage Wiring.
• Plumbing and Piping
• HVAC
• Electrical
• Removal and disposal of construction debris.
• Crane services, forklift operation, heavy lifting, rigging, and hoisting.
• Engineering and Design Services:
o Provide mechanical engineering design services as required to install a new
ventilation system in the existing Brother Francis Shelter Building located in Kodiak,
AK. Approximate building square footage 6,400 sq. ff.
o Generate Alaska stamped elevations, & details as required to obtain permit and as
required for the installation of the scope of work.
o All specifications will be included on the plans.
o Plans will be generated in 2-dimensional AutoCAD & PDF format.
Assumotions:
• SMI assumes the existing electrical service is adequate to support the installation of the new
HRV.
Scheduling:
• Design progress can start immediately upon a notice to proceed. Mechanical design and
equipment selection will be a priority to secure long lead items. Please allow 4 weeks
between NTP and 50%drawings, and 2 weeks for each subsequent design progression. A
rough date for the start of installation would be (+/-) 3 months from NTP. Total project
duration should be (+/- )2 months. Final schedule development will be provided after NTP.
SMI utilizes Microsoft project scheduling software. A gantt chart schedule with all activities,
durations, milestones, and target completion dates will be submitted with each design
iteration for owner review and approval.
Billing:
Progress bills will be submitted by the first of each month. SMI would like to establish a net 30
agreement for payment once progress has been verified.
6517 Arctic Spur Road, Anchorage AK, 9951 8 907.569.6909
Page 3 of 3
I. This proposal is valid for 30 days from the date fisted above. Any proposals accepted after 30 days will be subject to
revised material and freight fuel surcharge pricing.
2. Any additions, alterations or deletions to the above -described work will be added or deducted from the above
pricing, and clearly defined in writing and executed with approval signatures of the undersigned parties.
3. The Contractor will guarantee his work against all defects in material or workmanship for a period of I year from the
date the equipment is put into operation unless otherwise state above.
4. It is the Owner's responsibility to perform normal preventative maintenance on said equipment. This guarantee does
not apply to defects resulting from inadequate maintenance, such as changing filters, lubrication, belt adjustment,
seasonal adjustments beyond the initial start-up and system balance, power utility failures, acts of God or any other
conditions beyond the Contractor's control.
5. The Contractor shall comply with all applicable building codes, tax, social security, and unemployment
compensations laws.
Please feel free to contact us directly with any questions or clarifications.
Simon Muller
Project Manager / Estimator
SHEET METAL INC.
V�[. NECN�NIC I.\ CONiC.\<ION
HVAC Division
907-290-5803 Office
907-306-0010 Cell
smuller@sheetmetalinc.biz
6517 Arctic Spur Road, Anchorage AK, 99518 907.569.6909
xncE»ens
GROUND LEASE NO. 198640
City of Kodiak and Brother Francis Shelter Kodiak, Inc.
This lease is made and executed as of the I" day of January 2012, by and between the
CITY OF KODIAK, Alaska, (hereinafter "City"), and BROTHER FRANCIS SHELTER
KODIAK, INC., a nonprofit corporation organized under the laws the State of Alaska, (herei-
nafter "Lessee").
(1) Demise, Description, and Use of Premises. The City leases to Lessee and Lessee hires
from the City, for the purpose of operating thereon a shelter for the temporary housing of
persons who have no housing or shelter otherwise available to them, and for no other
purpose, the premises described as Lot 2, Block 15, Kodiak Townsite, with the appurten-
ances thereto, situated in the City of Kodiak, State of Alaska. As used herein, the term
"premises" refers to the real property above described and to any improvements located
thereon from time to time during the term hereof.
(2) Term. The term of this lease shall be twenty-five (25) years, commencing on January 1,
2012, and ending at midnight on December 31, 2036, except that it may be terminated by
either party upon thirty (30) days written notice to the other.
(3) Rent. The total rent for the premises per annum shall be ONE DOLLAR ($1.00). The
value of the lease is estimated to be at least $12,240.00 per annum.
(4) Operation of Homeless Shelter. Lessee shall operate upon the leased premises through-
out the term of this lease a homeless shelter in accordance with the following terms and
conditions:
(a) Nondiscrimination. In both the staffing of the shelter and the operation of any
programs or activities offered through or associated with it, Lessee shall not discriminate
on the basis of race, sex, or national origin, or on any other basis which at any time dur-
ing the term of this lease would be prohibited by any federal, state, or local law.
(b) Condition and not covenant. Lessee's maintenance of a shelter as described in
this lease is a condition to Lessee's continued right to possession of the demised premises
rather than a covenant.
(5) Uses Prohibited. Lessee shall not use, or permit the demised premises or any part thereof
to be used, for any purpose or purposes other than the purpose or purposes for which the
premises are hereby leased; and no use shall be made or permitted to be made of the de-
mised premises, or acts done, which will cause a cancellation of any insurance policy
now or in the future covering the premises or any part thereof or improvements to be con-
structed thereon, nor shall Lessee sell, or permit to be kept, used, or sold, in or about the
demised premises, any article which may be prohibited by the standard form of fire in-
surance policies. Lessee shall, at its sole cost, comply with all requirements pertaining to
the demised premises of any insurance organization or company necessary for the main-
tenance of insurance, as herein provided, covering any building and appurtenances at any
time located on the demised premises.
Ground Lease—City/Brother Francis Shelter
Page 1 of 7
Attachment to Ord. 1292
(6) Waste and Nuisance Prohibited. During the term of this lease, Lessee shall not commit,
or suffer to be committed, any waste on the demised premises or any nuisance, and Les-
see shall comply with all applicable laws affecting the demised premises, the breach of
which might result in any penalty on the City or forfeiture of the City's title to the de-
mised premises.
(7) Abandonment of Premises. Lessee shall not vacate or abandon the premises at any time
during the term hereof.
(8) The City's Right of Entry. Lessee shall permit the City and the agents and employees of
the City to enter into and upon the demised premises at all reasonable times for the pur-
pose of inspecting the same, or for the purpose of posting notices of non -responsibility
for alterations, additions, or repairs, without any rebate of rent and without any liability to
Lessee for any loss of occupation or quiet enjoyment of the premises thereby occasioned.
(9) Subletting and Assignment. It is explicitly acknowledged and agreed that Lessee's
commitment to operate a homeless shelter on the demised premises is an integral and es-
sential part of the consideration derived by the City for this lease and that the duties and
liabilities associated with said commitment may be neither assigned nor delegated by
Lessee unilaterally to another party. Therefore, Lessee may neither sublet the premises
nor assign its interest in this lease, or delegate its responsibilities hereunder, in whole or
in part, without first obtaining the City's express written consent, which consent the City
may withhold in its sole discretion. For the purposes of this section, if Lessee is a corpo-
ration, a conveyance of any stock or voting rights in or with respect to Lessee shall be
deemed an assignment of this lease.
(10) Notices. All notices, demands, or other writings in this lease provided to be given or
made or sent, or which may be given or made or sent by either party hereto to the other
shall be deemed to have been fully given or made or sent when made in writing and de-
posited in the United States mail, certified and postage prepaid, and addressed to the re-
spective addresses set forth above the signatures of this agreement. The address to which
any notice, demand, or other writing may be given or made or sent to any party may be
changed by written notice given by such party as above provided.
(11) Taxes and Assessments. (a) Taxes. Lessee shall pay and discharge as they become due,
promptly and before delinquency, all taxes, assessments, rates, charges, license fees, mu-
nicipal liens, levies, excises, or imposts, whether general or special, ordinary, or extraor-
dinary, of every name, nature, and kind whatsoever, including all govemmental charges
of whatsoever name, nature, or kind which may be levied, assessed, charged, or imposed,
or which may become a lien or charge on or against the land hereby demised, or any part
thereof, the leasehold of Lessee herein, the premises described herein, any building or
buildings, or any other improvements now or hereafter constructed thereon, or on or
against Lessee's estate hereby created which may be a subject of taxation, or on or
against the City by reason of its ownership of the fee underlying this lease, during the en-
tire term hereof.
Ground Lease--City/Brother Francis Shelter
Page 2 of 7
Attachment to Ord. 1292
(b) Assessments affecting improvements. Specifically and without in any way
limiting the generality of the foregoing, Lessee shall pay all special assessments and le-
vies or charges made by the City or any other municipal or political subdivision for local
improvements, and shall pay the same in cash as they shall fall due and before they shall
become delinquent and as required by the act and proceedings under which any such as-
sessments or levies or charges are made by any municipal or political subdivision. If the
right is given to pay either in one sum or in installments, Lessee may elect either mode of
payment and its election shall be binding on the City. If, by making any such election to
pay in installments, any of such installments shall be payable after the termination of this
lease or any extended term thereof, Lessee shall have no responsibility for or liability on
account of such unpaid installments.
(c) Contesting taxes. If Lessee shall in good faith desire to contest the validity or
amount of any tax, assessment, levy, or other governmental charge herein agreed to be
paid by Lessee, Lessee shall be permitted to do so, and to defer payment of such tax or
charge, the validity or amount of which Lessee is so contesting, until final determination
of the contest, on giving to the City written notice thereof prior to the commencement of
any such contest, which shall be at least sixty (60) days prior to delinquency, and on pro-
tecting the City on demand by a good and sufficient surety bond against any such tax,
levy, assessment, rate, or governmental charge, and from any costs, liability, or damage
arising out of any such contest.
(d) Disposition of rebates. All rebates on account of any such taxes, rates, levies,
charges, or assessments required to be paid and paid by Lessee under the provisions he-
reof shall belong to Lessee, and the City will, on the request of Lessee, execute any re-
ceipts, assignments, or other acquittance that may be necessary in the premises in order to
secure the recovery of any such rebates, and will pay over to Lessee any such rebates that
may be received by the City.
(e) Receipts. Lessee shall obtain and deliver receipts or duplicate receipts for all
taxes, assessments, and other items required hereunder to be paid by Lessee, promptly on
payment hereof.
(12) Improvements. (a) Alterations, improvements, and changes permitted. Lessee shall have
both the right and the obligation to construct upon the premises or any part thereof such
buildings or other structures it may deem appropriate and necessary to fulfill its obliga-
tions under this lease and to make such alterations, improvements, and changes to any
building, or other structure which may from time to time be on the premises as Lessee
may deem necessary, or to demolish or replace any such building.
(b) Disposition of new improvements. Any building constructed by Lessee on the
premises, and all alterations, improvements, changes, or additions made in or to such
premises shall be the property of Lessee throughout the term of this lease.
(13) Repairs and Maintenance of Improvements. Lessee shall, throughout the term of this
lease, at its own cost, and without any expense to the City, keep and maintain the premis-
es, including all buildings and improvements of every kind which may be constructed on
the premises, and all appurtenances thereto, including sidewalks adjacent thereto, in
good, sanitary, and neat order, condition and repair. The City shall not be obligated to
make any repairs, replacements, or renewals of any kind, nature, or description what -
Ground Lease--City/Brother Francis Shelter
Page 3 of 7
Attachment to Ord. 1292
soever to the demised premises or any buildings or improvements thereon. Lessee shall
also comply with and abide by all federal, state, municipal, and other governmental sta-
tutes, ordinances, laws, and regulations affecting the demised premises, the improve-
ments thereon, or any activity or condition on or in such premises.
(14) Utilities. Lessee shall fully and promptly pay for oil, gas, heat, light, power, telephone
service, and other public utilities of every kind, except water and sewer service, furnished
to the premises throughout the term hereof, and all other costs and expenses of every kind
whatsoever of or in connection with the use, operation, and maintenance of the premises
and all activities conducted thereon. The City shall be responsible for the provision of
water and sewer services to the premises.
(15) Liens. (a) Except as otherwise expressly provided in this lease, it shall be Lessee's duty
to keep premises free of liens. Specifically, but not by way of limitation, Lessee shall
keep all of the premises and every part thereof and all buildings and other improvements
at any time located thereon free and clear of any and all mechanic's, materialman's, and
other liens for or arising out of or in connection with work or labor done, services per-
formed, or materials or appliances used or furnished for or in connection with any opera-
tions of Lessee, any alteration, improvement, or repairs or additions which Lessee may
make or permit or cause to be made, or any work or construction, by, for, or permitted by
Lessee on or about the premises, or any obligations of any kind incurred by Lessee. At all
times Lessee shall promptly and fully pay and discharge any and all claims on which any
such lien may or could be based, and shall indemnify the City and all of the premises and
all buildings and improvements thereon against all such liens and claims of liens and suits
or other proceedings pertaining thereto. Lessee shall give the City written notice no less
than ten (10) days in advance of the commencement of any construction, alteration, addi-
tion, improvement, or repair estimated to cost in excess of TEN THOUSAND DOL-
LARS ($10,000) in order that The City may post appropriate notices of the City's non -
responsibility.
(b) Contesting liens. If Lessee desires to contest any such lien, it shall notify the
City of its intention to do so within sixty (60) days after the filing of such lien. In such
case, and provided that Lessee shall on demand protect the City by a good and sufficient
surety bond against any such lien and any cost, liability, or damage arising out of such
contest, Lessee shall not be in default hereunder until thirty (30) days after the final de-
termination of the validity thereof, within which time Lessee shall satisfy and discharge
such lien to the extent held valid; but the satisfaction and discharge of any such lien shall
not, in any case, be delayed until execution is had on any judgment rendered thereon, and
such delay shall be a default of Lessee hereunder. In the event of any such contest, Lessee
shall protect and indemnify the City against all loss, expense, and damage resulting there-
from.
(16) Indemnification of the City. Lessee agrees to indemnify, save and hold the City harm-
less for any liability for death or injury to any person, or damage to any property arising
from the use, possession, or occupancy of the Premises by the Lessee, including costs and
reasonable attorneys' fees associated with the defense or claim of such action. If any ac-
tion or proceeding is brought against the City by reason of a claim associated with Les -
Ground Lease—City/Brother Francis Shelter
Page 4 of 7
Attachment to Ord. 1292
see's use, possession, or occupancy of the premises, Lessee shall defend such action on
behalf of the City at Lessee's sole cost and expense, employing counsel acceptable to the
City.
(17) Attorneys' Fees. If any action at law or in equity shall be brought for or on account of
any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this
lease, or for the recovery of the possession of the demised premises, the prevailing party
shall be entitled to recover from the other party as part of the prevailing party's costs full
reasonable attorneys' fees, the amount of which shall be made a part of any judgment or
decree rendered.
(18) Re -delivery of Premises. Lessee shall pay the rent and all other sums required to be paid
by Lessee hereunder in the amounts, at the times, and in the manner herein provided, and
shall keep and perform all the terms and conditions hereof on its part to be kept and per-
formed, and, at the expiration or sooner termination of this lease, peaceably and quietly
quit and surrender to the City the premises in good order and condition subject to the oth-
er provisions of this lease. In the event of the nonperformance by Lessee of any of the
covenants or conditions of the Lessee undertaken herein, this lease may be terminated as
herein provided.
(19) Remedies Cumulative. All remedies herein before and hereafter conferred on either the
City or Lessee shall be deemed cumulative and no one exclusive of the other, or of any
other remedy conferred by law.
(20) Insurance. Lessee shall maintain in effect throughout the term of this lease comprehen-
sive personal injury liability insurance covering the premises and its appurtenances and
the sidewalks fronting thereon in the amount of ONE MILLION DOLLARS
($1,000,000) overall aggregate limit for injury to or death of any number of persons in
one occurrence, and property damage liability insurance in the amount of TWO HUN-
DRED FIFTY THOUSAND DOLLARS ($250,000). Such insurance shall name the City
as an additional named insured and shall specifically insure Lessee against all liability as-
sumed by Lessee under this agreement but shall be so endorsed as to create the same lia-
bility on the part of the insurer as though separate policies had been written for the City
and Lessee. Lessee shall also maintain workers' compensation insurance, which insur-
ance shall contain an express waiver of any right of subrogation against the City. All pol-
icies of insurance required under this section shall contain a provision requiring the City
to be given at least thirty (30) days advance written notice prior to the termination, can-
cellation, or non -renewal thereof.
(21) The City's Right to Perform. In the event that Lessee, by failing or neglecting to do or
perform any act or thing herein provided by it to be done or performed, shall be in default
hereunder and such failure shall continue for a period of sixty (60) days after written no-
tice from the City specifying the nature of the act or thing to be done or performed, then
the City may, but shall not be required to, do or perform or cause to be done or performed
such act or thing (entering on the demised premises for such purposes, if the City shall so
elect), and the City shall not be or be held liable or in any way responsible for any loss,
Ground Lease—CityBrother Francis Shelter
Page 5 of 7
Attachment to Ord. 1292
inconvenience, annoyance, or damage resulting to Lessee on account thereof, and Lessee
shall repay to the City on demand the entire expense thereof, including compensation to
the agents and employees of the City. Any act or thing done by the City pursuant to the
provisions of this section shall not be or be construed as a waiver of any such default by
Lessee, or as a waiver of any covenant, term, or condition herein contained or the per-
formance thereof, or of any other right or remedy of the City, hereunder or otherwise. All
amounts payable by Lessee to the City under any of the provisions of this lease, if not
paid when the same become due as in this lease provided, shall bear interest from the date
they become due until paid at the maximum rate of interest then permitted by Alaska law.
(22) Disposition of Improvements on Termination of Lease. On termination of this lease
for any cause, the City shall become the owner of any building or improvements on the
demised premises and of any fixtures or other personal property permanently attached to
the same or otherwise so attached that their removal is not reasonably possible without
damaging the premises or requiring their replacement in order to make the premises ha-
bitable.
(23) Waiver. The waiver by either party of, or the failure of either party to take action with
respect to, any breach of any term, covenant, or condition herein contained shall not be
deemed to be a waiver of such term, covenant, or condition, or of a subsequent breach of
the same, or of any other term, covenant, or condition herein contained.
(24) Parties Bound. The covenants and conditions herein contained shall, subject to the
provisions as to assignment, transfer, and subletting, apply to and bind the heirs, succes-
sors, executors, administrators, and assigns of all of the parties hereto; and all of the par-
ties hereto shall be jointly and severally liable hereunder.
(25) Time of the Essence. Time is of the essence of this lease, and of each and every cove-
nant, term, condition, and provision hereof.
(26) Section Captions. The captions appearing under the section number designations of this
lease are for convenience only and are not a part of this lease and do not in any way limit
or amplify the terms and provisions of this lease.
(27) Integration and Modification; Effect on Prior Lease. This document contains the
entire agreement of the parties hereto. All negotiations, statements, or representations,
warranties, and assurances, whether oral or written, which are in any way related to the
subject matter of this lease, and the performance of either party hereto, are merged and
integrated into the terms of this document. This lease may not be modified or amended
except by a writing signed by both parties hereto, and any proposed amendment or mod-
ification is without effect until reduced to a writing signed by both parties. As of January
1, 2012, this lease supersedes and replaces the Ground Lease —City of Kodiak and
Brother Francis Shelter Kodiak, Inc. that the parties executed on August 8, 2007.
IN WITNESS WHEREOF, the parties have executed this lease at Kodiak, Alaska, as of
the day and year first above written.
Ground Lease--City/Brother Francis Shelter
Page 6 of 7
Attachment to Ord. 1292
CITY OF KODIAK
710 Mill Bay Road, Room 216
Kodiak, AK 99615
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Atmde Kmazi ski ty Manager
Attest:
Debra L. Marlar, City Clerk
Ground lease—City/Brother Francis Shelter
Page 7 of 7
Attachment to Ord. 1292
BROTHER FRANCIS SHELTER KODIAK INC.
411 Cedar Street
P.O. Box 3421
Kodiak, AK 99615
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Witness
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