FY1998-45 University of Alaska LeaseLr- �P
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Exhibit C
MEMORANDUM OF LEASE
THIS MEMORANDUM is executed by, or on behalf of, the parties referred to herein to
memorialize and place the public upon notice as to the existence of an agreement dated
Lkrrll 1Lq , 2000, between The Kodiak Island Borough, whose address is 710
Mill Bay Road, Kodiak, Alaska 99615 (hereinafter referred to as "Lessor"), and the
University of Alaska, whose address of record is 803 Alumni Drive, Fairbanks, Alaska
99775 (hereinafter referred to as "Lessee"), relating to the real property described as
follows:
Approximately 1518 net square feet of laboratory space, approximately 4474 net
square feet of housing space consisting of two (2) two-bedroom and four (4) one -
bedroom apartments. Shared access to and scheduled research utilization of the
approximately 992 net square foot toxicology laboratory space, and utilization of
the seawater system, located on Near Island, Alaska, 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.
The Agreement referred to above is in the nature of a space lease to the University of
Alaska by Lessor of the subject property, but also includes certain other rights, interest,
and obligations. The Agreement is effective from October 1, 1998 through September
30, 2018, with two (2) additional five (5) year options to renew. The parties agree that
this Memorandum affects the title to real property within the meaning of AS 40.17.080;
provided, however, this Memorandum is not intended to create any additional rights,
interest, or obligations between the parties hereto. In the event of a conflict between the
Mo-4-Jo,'
o..r�'4D Lease Agreement and the description of the terms thereof which is
contained in this Memorandum, the former shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum.
LESSOR
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
LESSEE
University of Alaska
UAF Facilities Services
P.O. Box 757390
Fairbanks, Alaska 99775,-73390 gwn wuw Kathleen Schedler
Director of Facilities Services
Date: A$ --T 6 0 Date: aR� //A ;L000
April 4, 2000
Kodiak Island Borough
Kathleen Schedler
Director of Facilities Services
University of Anchorage
803 Alumni Drive Avenue
Fairbanks, AK 99775
RE: Contract No. 98-45A
Dear Ms. Schedler:
Office of the Borough Clerk
710 Mill Bay Road
Kodiak, AK 99615
Phone (907) 486-9310
Fax (907) 486-9391
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Please find enclosed a signed original lease agreement between the Kodiak Island
Borough and the University of Alaska.
Should you have any questions, please feel free to contact our office.
Sincerely,
ICE THE BOROUGH CLERK
e
s
Patti Kirkpatrick
Deputy Clerk
Enclosure
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this j:K day of 144rok 2000, by and between
KODIAK ISLAND BOROUGH, a borough organized under the laws of the State of Alaska, whose
principal place of business is 710 Mill Bay Road, Kodiak, Alaska 99615 (hereinafter referred to as
"Landlord"), and the UNIVERSITY OF ALASKA, a corporation created and existing under the
Constitution and laws of the State of Alaska, whose address of record is 803 Alumni Drive Avenue,
Fairbanks, Alaska 99775 (hereinafter referred to as "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. Leased Premises:
Subject to the terms and conditions contained herein, Landlord lets and leases to Tenant, and
Tenant takes and leases from Landlord, certain real property, which real property is more
particularly described as:
The total proportionate share of costs in the Research Facility is 8.4% consisting of the exclusive
use of 1518 square feet of laboratory space, which includes an instructional lab, electron
microscope lab, and storage space. Also in shared use and utilization, a toxicology lab; 6.1 %
proportionate share of 8,547 net square feet common area plus 992 square feet of shared toxicology
lab all representing a total of 2,100 net square feet of total 24,923 net square feet.
The total proportionate share of costs in the seawater system is 10%; consisting of share use and
utilization of the seawater distribution system.
The total proportionate share of costs in the housing facilities is 100%, unless otherwise agreed
between parties, consisting of 4,474 net square feet.
All of which is hereinafter collectively referred to as "Leased Premises", as more particularly
described on the floorplan shown on Exhibit A, attached hereto and by this reference made a part
hereof, and all of which are located within the Near Island Research Facility, which is affixed to:
Tract B of a portion of the United States Survey 4947 according to Plat No. 86-20 in
the Kodiak Recording District, Third Judicial District, State of Alaska.
2. Term
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, and shall expire at 5:00 P.M., Alaska Standard Time, on September 30, 2018.
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(s) on the same terms and conditions. Tenant may exercise
this option by providing written notification to Landlord at least one hundred twenty (120) days
prior to the effective date of termination of this Agreement or any extension thereof.
3. Rent
Landlord agrees that in recognition of the $3.0 mm capital contribution provided for the University
of Alaska by the State of Alaska legislature from proceeds from the Exxon Valdez Oil Spill
settlement, that future rents shall consist of operational and maintenance expenses solely. In
consideration of the demise and leasing of the Leased Premises aforesaid by Landlord, the Tenant
covenants, stipulates, and agrees to pay the Landlord as rental for said Leased Premises, its
proportional share of all operational and maintenance expenses. Tenants rent has been prepaid for
a minimum of seven (7) years through 2005. Prepaid rent shall terminate no earlier than September
30, 2005, which date shall be determined and agreed upon by the parties prior to October 1, 2004.
The Kodiak Island Borough has prepaid a portion of the rent through September 30, 2005, at the
earliest.
Tenants proportionate share is established at 8.4% of the research facility, 10% of •the seawater
system, and unless otherwise agreed, 100% of housing facilities. For purposes of this section, the
term "operational and maintenance" means Landlords total costs and expenses incurred in owning,
operating, maintaining, replacing, and repairing the Leased Premises. Allowable expenses shall not
include interest on debt or capital retirement of debt except for capital expenditures that are
required by changes in any governmental law or regulation. In which case, such expenditure plus
interest on the unamortized principal investment at eight percent (8%) per annum shall be
amortized over the life of the improvement. Landlord's actual costs will reflect Landlord's actual
costs allowed under the USOMB Circular A-87, dated May 4, 1995 or as hereinafter amended.
Rent may be adjusted if Tenant's share of space changes. Tenant may reasonably inspect
Landlord's records supporting any portion of Landlord's statement of expenses.
Landlord shall provide an Annual Actual Cost Statement similar to the example attached as Exhibit
B prior to October 1 of each year. Commencing on October 1, 2005, the Total Annual Rent as
provided by the Landlord on the previous year's Annual Actual Cost Statement shall be divided
into twelve (12) equal payments and paid by Tenant monthly in arrears, no invoice needed. Said
rent shall be adjusted in this manner annually thereafter with October I" as renewal date. Rent may
be paid in advance, on a less frequent basis, at the option of Tenant.
Tenant will operate the housing for its educational and research mission on a long term basis and in
no way operate the housing as a hotel, motel, or otherwise be construed as being subject to the
Kodiak Island Borough bed tax. Any rents collected by the Tenant or Landlord will be paid to the
Landlord towards operational and maintenance expenses for the term of the lease beginning upon
execution of this lease. Any rents received shall be a credit against Tenant's rent calculated
annually by the Landlord and shown as a credit on the Annual Actual Cost Statement. The
cumulative rents received by the Landlord prior to September 30, 2005 shall be a credit against
future rents commencing no earlier than October 1, 2005.
This agreement may be terminated upon one year's written notice to the Landlord in Tenant's sole
discretion. Tenant reserves the right to terminate this Agreement and suffer no penalty thereby.
All rents, unless otherwise directed in writing by Landlord, shall be paid to the Landlord, Kodiak
Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may
designate.
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4. Alteration of Leased Premises
Tenant shall not make any alterations, additions or improvements, without first obtaining the
written consent of Landlord which approval 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, additions and
improvements, except trade fixtures and appliances and equipment which do not become attached
to the Leased Premises, shall become part of the realty and the property of Landlord at termination.
Except that Landlord may require removal of all or part thereof by Tenant, at the termination of the
lease, at Tenant's expense. Tenant shall pay for or repair any damages to the Leased Premises,
including, without limitation, any necessary patching, repainting and repairing caused by removal
of improvements. Upon removal of the trade fixtures and appliances and equipment which do not
become attached to the Leased Premises, 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, ordinary wear and tear excepted. 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 Leased 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, which consent shall not
be unreasonably withheld. 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 Near Island
Research Facility, and the preservation of good order therein, as well as for the convenience of
other occupants and tenants of the Near Island Research Facility, and for the use of any parking
areas adjacent to the Near Island Research Facility. The violation of any such rules and regulations
shall be deemed a material breach of the lease by Tenant. Tenant shall not, without Landlord's
prior written consent, which consent shall not be unreasonably withheld, use, operate or install any
electrical or mechanical equipment, machinery or devices in the Leased Premises, except in
compliance with the highest standards applicable to the use, operation, or installation of such
or devices, generally recognized by the profession or industry in which
equipment, machinery
the Leased Premises, or any machinery or equipment
Tenant is engaged, nor shall Tenant use
stantial noise or vibration, or unreasonable disturbance to
therein, in such a manner as to cause sub
other tenants in the Near Island Research Facility.
6. Taxes
The University is a tax-exempt entity per Alaska Statutes. In the event a court of law decides a
portion of Tenant's Leased Premises is taxable, 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.
7. Utilities
Landlord shall furnish, all utilities and services for the Leased Premises, including, but not limited
to, electricity, air conditioning, heat, snow removal, sewer, and water; Janitorial service for the
Leased Premises on a five-day a week basis, and periodic exterior window washing; and refuse
collection.
Tenant shall pay its proportionate share of Landlord's actual costs to provide utilities to the Leased
Premises, per the terms of Provision "3. Rent". If Tenants usage of said Utilities shall cause any
quantifiable increases in expenses to Landlord during the term of this Agreement, Tenant shall pay
its proportionate share of the increased expenses.
Except for loss or damage caused by Landlord's neglect or failure to maintain or operate 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. 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,
provided that Landlord uses due diligence to expedite the repairs and provides alternate space or
utilities as appropriate.
S. Maintenance and Repairs
Landlord shall maintain, operate and repair, the Leased Premises including the building in which it
is located in accordance with the laws of the State of Alaska and all directions and regulations of
governmental agencies having jurisdiction hereof. Landlord shall be responsible for keeping
Leased Premises at all times in good condition and repair. Tenant shall commit no waste of any
kind in or about the Leased Premises, and Tenant shall pay for all damage to the Leased Premises,
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 and clean condition,
normal wear and tear and damage by fire or other casualty excepted. 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.
Neither Landlord nor Tenant, respectively, shall be responsible or liable at any time for any loss or
damages to the other Party's equipment, fixtures or other personal property or to the other Party's
business except to the extent attributable to its negligence.
Neither Landlord nor Tenant, respectively, shall be responsible or liable to the other Party or to
those claiming by, through or under Landlord or Tenant for any loss or damages to either the
person or property of Landlord or Tenant that may be occasioned by or through the acts or
omissions of persons occupying other portions of the Near Island Research Facility.
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Tenant 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 Landlord 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 Near Island Research Facility, or the surrounding area. Neither Landlord nor
Tenant shall be responsible or liable 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, Near Island Research
Facility, machinery, apparatus or equipment by any person or by or from the acts of negligence of
any occupant of the Near Island Research Facility, unless Tenant or 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 eighteen (18) months from the date of the occurrence, the damages shall be repaired with
due diligence by Landlord. The Landlord will provide comparable alternative facilities at no cost
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 eighteen (18) months of the occurrence, Landlord
or Tenant shall have the option to terminate this Lease, and either party shall advise the other
within thirty (30) days after the happening of any such damage whether the party has elected to
continue this lease in effect or to terminate it. If either party elects to continue this Lease in effect,
it shall commence and prosecute with reasonable diligence any work necessary to restore or repair
the Leased Premises. The commencement by Landlord for repair work shall be deemed to
constitute notice that Landlord has elected to restore or repair the Leased Premises.
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 for any space that remains tenantable and incurs
actual cost to the owner. If fire or damage is caused by the negligence of Tenant, then
notwithstanding other provisions of this lease, Tenant shall remain liable for the Rent, without
abatement, for any space that remains tenantable and incurs actual cost to the owner during any
period of repair or restoration, and shall be responsible for obtaining alternate facilities during the
restoration period.
Landlord shall keep the Near Island Research Facility, which the Leased Premises are a part,
insured against all loss or damage by fire and other casualty, 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 Leased Premises.
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 Landlord to such subletting or assigning; any such
assignment or sublease without Landlord's written consent shall be void.
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11. Indemnification and Insurance
Indemnification:
The Landlord shall perform all of its obligations and carry on all of its operations and activities
hereunder, entirely at its own risk and responsibility. The Landlord shall indemnify, defend and
hold the Tenant harmless from and against any and all loss and expense, damage, claim, demand,
judgment, fine, charge, lien, liability, action, cause of action or proceedings of any kind whatsoever
(whether arising on account of damage to or loss of property, or personal injury, emotional distress
or death) arising directly or indirectly in connection with the performance or activities of the
Landlord hereunder, whether the same arises before or after completion of the Landlord's
operations or expiration of this agreement, except for injury resulting from the Tenant's negligence
or willful misconduct.
The Tenant shall perform all off its obligations and carry on all of its operations and activities
hereunder at its own risk and responsibility. The Tenant shall indemnify, defend and hold the
Landlord harmless from and against any and all loss, expense, damage, claim, demand, judgment,
fine, charge, lien, liability, action, cause of action or proceedings of any kind whatsoever (whether
arising on account of damage to or loss of property, or personal injury, emotional distress or death)
arising directly or indirectly in connection with the performance or activities of the Tenant
hereunder, whether the same arises before or after completion of the Tenant's operations or
expiration of this agreement, except for injury resulting from the Landlord's negligence or willful
misconduct.
B. Insurance:
The Tenant is covered for liability exposures through major worldwide insurance programs with
large deductibles. Losses that fall within theses deductible levels, including those for which the
Tenant is contractually liable, are covered by the financial resources of the Tenant and are
administered under the Tenant's self-insured claims program.
Tenant may obtain and maintain any other insurance that Tenant desires on the Leased Premises or
on the personal property on the Leased Premises at the expense of Tenant, and any additional
insurance desired by Tenant may be written by any carrier selected by Tenant.
Landlord shall keep the Near Island Research Facility of which the Leased 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.
Landlord shall name Tenant as additional insured to the extent of its interest therein.
Without limiting Landlord's indemnification, it is agreed that Landlord shall purchase, at its own
expense, and maintain in force at all times during the term of this agreement, the policies of
insurance specified below. Where specific limits are shown, it is understood that they shall be the
minimum acceptable limits. If the Landlord's policy contains higher limits, the Tenant shall be
entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished
to the Tenant upon signing this agreement and must provide for a 30 -day prior notice to the Tenant
of cancellation, nonrenewal or material change of the policies. Failure to furnish satisfactory
evidence of insurance or the lapse of a policy is a material breach and grounds for termination of
this agreement. All other insurance policies required by this agreement shall be endorsed to
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provide that such insurance shall apply as primary insurance and that any insurance or self-
insurance carried by the Tenant will be excess only and will not contribute with the insurance
required by this agreement; shall be endorsed to name the Tenant as an additional insured and loss
payee to the extent of its interest herein; and shall provide for a waiver of subrogation in favor of
the Tenant. All endorsements shall reference this agreement. All insurance shall be on an
occurrence and not a "claims made" basis.
(i) Comprehensive (Commercial) General Liability Insurance: With coverage limits not
less than $2,000,000 (Two Million Dollars) combined single limit per occurrence and annual
aggregate where generally applicable including premises -operations, independent contractors,
products/completed operations, broad form property damage, blanket contractual, and personal
injury endorsements.
(ii) Comprehensive Automobile Liability Insurance: Covering all owned, hired, and non -
owned vehicles with coverage limits not less than $2,000,000 (Two Million Dollars) combined
single limit per occurrence bodily injury and property damage.
(iii) Fire and other Casualty Insurance in an amount equal to the value of the Near Island
Research Facility.
12. Common Areas and Common Facilities
All Common Areas and Common Facilities in or about the Leased Premises and the Near Island
Research Facility shall be subject to the exclusive control, scheduling and management of
Landlord, which control shall not impair tenants use of the Leased Premises. 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 Common Facilities and
temporarily to close them to effect such changes.
All Common Areas and Common 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,
changed, or diminished 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 rent, except that Tenants rent shall be reduced
proportionately to any reduction of space, nor shall revocation or diminution of such areas be
deemed constructive or actual eviction.
13. 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 to Tenant's agents,
contractors, or sublessees, in connection with work of any character performed on said Leased
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.
14. Default
If default shall be made by Tenant or Tenant's successors or assigns in the payment of the Rent, 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 payment of Rent 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 Leased Premises may be terminated by Landlord.
On the termination of the right of possession of Tenant, Tenant shall surrender possession of the
Leased Premises immediately, and under those conditions shall grant to Landlord full and free
license to reenter into and on the Leased Premises or any part of the Leased Premises to repossess
them with or without process of law, and to expel and remove Tenant or any other person who may
be occupying the Leased Premises of any part of the Leased Premises through Tenant.
Any reentry, repossession, expulsion, or removal, whether by direct act of landlord or through legal
proceedings for that purpose, shall not terminate this lease agreement nor release tenant from any
liability for the payment of any rent stipulated to be paid by this lease agreement or for the
performance or fulfillment of any other term or condition of this lease agreement, whether before or
after the reentry, repossession, expulsion, or removal by landlord. Tenant shall only be obligated
through date of termination at no additional cost. In the event of any reentry by landlord, landlord
may lease the Leased Premises in whole or in part, or the Near Island Research Facility and
improvements on the Leased Premises, to any tenant or tenants that may be satisfactory to landlord
for any duration and for the best rent, terms, and conditions as landlord may obtain.
The failure by either party to perform any duty imposed on it by this Agreement or the failure to
conform its conduct to the standards imposed by this Agreement and all applicable statutes,
regulations, ordinances, rules and codes, shall be deemed a default under this Agreement. In the
event of default by Landlord, and except as otherwise provided herein, Tenant shall provide
Landlord with fifteen (15) days written notice of default and the opportunity to cure. If after fifteen
(15) days following receipt from Tenant of notice of default, Landlord has failed to cure the default,
Tenant may, at its sole option, terminate this Agreement.
The above paragraph notwithstanding, in the case of default on the part of Landlord for any reason
whatsoever, Tenant may provide Landlord with notice specifying a time limit within which
Landlord may cure the default. If Landlord fails to cure the default within the specified time limit,
Tenant may procure the services necessary to cure the default from other sources and hold
Landlord responsible for any costs occasioned thereby. In case of default, Landlord may be held
liable for incidental and/or consequential damages in accordance with Alaska law. In the event of
damage to Tenant's property through Landlord or Landlord's contractor's performance under this
Agreement or Landlord's negligence or intentional misconduct, Landlord shall be held responsible
and shall promptly reimburse Tenant to the extent of such damage.
in the event either Landlord or Tenant brings legal action against the other claiming a breach or
default of this Agreement, the prevailing party in such litigation shall be entitled to receive, from
the losing party, the cost of sustaining such action, including reasonable attorney's fees as may be
fixed by the court.
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 address:
Landlord: Tenant:
Kodiak Island Borough University of Alaska Fairbanks
710 Mill Bay Road Facilities Services- Real Estate Mgmt
Kodiak, Alaska 99615 P.O. Box 757390
IRS TIN 92-0030845 Fairbanks, Alaska 99775-7390
Any such notices shall be deemed delivered three (3) days after mailing.
16. Rights or Remedies
Except insofar as this is inconsistent with or contrary to any provision of this lease, no right or
remedy herein conferred upon or reserved to Landlord or Tenant are 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. Waiver and Forbearance
t may have otherwise agreed in writing, no waiver by
Except to the extent that Landlord or Tenan
Landlord or Tenant of any breach by the other Party 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 or Tenant to seek
a remedy for any breach of the other Party be deemed a waiver by Landlord or Tenant of its rights
or remedies with respect to such breach.
18. Inspection
Landlord shall at all reasonable times during Tenant's business hours have access to the Leased
Premises for the purpose of inspection. For the purpose of security, Landlord, Landlords
employees, contractors, and assignees, must obtain Tenants prior approval to enter Tenant's
Housing Units, except in the event of emergency or Default. 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 per the
provisions of this lease.
19. Notices of Non -responsibility
Landlord may enter the Leased Premises at any time for the purpose of the posting notices of non -
responsibility.
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20. 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.
21. 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.
22. Signs
Tenant agrees that any signs installed on the Leased Premises shall be with the consent of the
Landlord.
23. Memorandum of Lease
The Parties agree that this Lease shall not be recorded. Concurrent with execution of the Lease, the
Parties shall execute and record the Memorandum of Lease as shown on Exhibit C, attached hereto
and by this reference made a part hereof.
24. Estoppel Certificates
Tenant shall, at any time and from time to time upon not less than fifteen (15) days prior request by
Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying that this
lease is in full force and effect and unmodified (or in full force and effect and modified and stating
the modifications), the dates to which the rent(s) and any other charges have been paid in advance,
the date Tenant 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
Near Island Research Facility. In the event Tenant fails so to certify or show cause for not
certifying, within such fifteen (15) 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.
25. Excuse for Nonperformance
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
ply.
W
26. Construction of Lease
This lease shall be governed by and construed in accordance with the laws of the State of Alaska.
Words of gender used in this lease shall 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.
27. Subordination and Non -disturbance
This lease and all of the rights of Tenant hereunder are and shall be subject and subordinate to the
lien of every deed of trust and every mortgage now placed on the Near Island Research Facility or
any part thereof (except the property of Tenant and others stated to be removable under the
provisions of this lease), and to any and all renewals, modifications, consolidations, replacements,
extensions or substitutions of any such mortgage or deed of trust ("encumbrances").
28. 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:
By1 1j- D s,�
M pw� 0.6
Kathleen Schedler
Director of Facilities Services
� h\- _
Vera Alexander, Dean
School of Fisheries and Ocean Sciences
11
(D --
SECOND FLOOR PLAN
0 1 .
KEY
_d . r&l ��al
'LJ�C�
.mt rm 1 �Tm
tluI --,-I
ff
a
Nr�
hJbtln`¢4 � y}�
Miap l0vie 91701
NBBJ
GLA7dw7M
Wdl/s f
n 101
I ?�
Os boll Am-=
KOMM MMD aowAN
NEAR ISLAND
RESEARCH FACILITY
i
J
F• A. I L I f
GSAGca ani GSAAFUOIM1217
1 11 f.l l 1
•
GENERAL SERVICES ADMINISTRATION
1. REQUEST FOR LEASE PROPOSALS
.
PUBLIC BUILDINGS SERVICE
]. STATEMENT pgiE
LE33OR'S ANNUAL COST STATEMENT
IMPORTANT • RBW aBae11W 'Insbt�ylyly
3 RENTABLE AREA >A fNTIR! SUA.ORA}
]B UTA4e0 SY Gov
30. 0_ )
A. W LDR,O WMa ANO ADOIIEY (HFA w.RL d.. NRS Al,f q md)
NEAR ISLAND RESEARCH FACILITY, KOOIAK , ALASKA 99!16
SECTION I. ASTINAreo ANNUAI, COST OF Semmes ANO UT%Mts
FURNISHeOBy LESSOR AS PMT OF RENTAL COMSIOeMTION
U. of A. 8.5% BLDG.
SEA WATER SYSTEMS — 10%
SERVICES AND UTILITIES
LESSORS ANNUAL COST FOR
/OR OOVEIINAffNT
. tNnR. BUILDING
a 2eMT AanMMA
USE ONLY (C)
A.
CLEANING, JANITOR AND/OR CHAR SERVICE
s
LftAAaM
45,000
3,825
S.
SUPPLIES M'AL dolvwx abYM 04J
10.000
850
T.
coNrRAcrseRvleeM(NoleA'a
mF..Fotwww.,e.l.,4..)
5,000
425
8.
HEATING
a
L4NUlS
3
FUEL 0.100,40
rand
as
GAB
coAL
eLECTAa
58,000
4,930
'
+o.
sraTEMAIAurrewwaAND IIVAw
3,000
255
C. ELECTRICAL
11.
CURRErrt11001LIGHT AMPOIAOAMm%x* Mrw&3
180,000
15,300
IL
RIIP ACEAIeNT W KAN. TUNS. STAIRME
255
13
Pow" Poll SPeCW eOUPBUNr IBuwATM BwTE3q
114 , 000
11,400
Ie.
SYSTEM wrRENANCE AM KPAw rWYa rRFM Mj
45 000
3,825
D. PLUMBING
IS.
wATMMwalwPommil AdRA1PNwF.duMY
9,000
765
1a
SUPPL1rLSPMMI.RO�PBndMBAawy
3,000
255•
n.
SYSTIEUMABRENANCEANOREPAIII
5,000
425
E. AIR CONDMONING
It
VIEme.(rAAlf♦dgld►,rAdHerO VBIIRATM
15,000
1,275
H.
SYSTEM RuwrtNANCE AND AVA91
5,000
4 25
F. ELEVATORS
2%
SALVOEB IOpowe a SSR1Ha eta
21.
sraTUB MABRpIANN AND PAPAM
2,000
17 0
0. MISCELLANEOUS ms..dRdLar■E.rw
a
BINDING eTOM M1 ANap1 WA4%=
105,000
8,925
23.
sevum" rAteown ouva RwAnftw
24.
SOCIAL MICUMf TAA AND WOISO10H COMPOMAl1p1 MIBIEIANCB
12,000
2L
uwaANofANotwuowBfrMwicB
10,000
850
ri
OTNEA AIANm
V.
TOTAL
629,000
55,175
3
MICTIONB.BETBUTBD ANNWL COST OF OINIMSHP e714LUVA OF CAPITAL CHARMS
2a
REAL ESTATe TAUW
Sa
WUFl PMTBId OAft SW
28,000
2,380
X
BULUMG MABDMFAN ANO REp11YE. FGR IMMCoMTr
17,006
31.
IEAf.00&VA N10N
32
MANAGEarNr
77.
TOTAL
$228,000
$19,380
=
LIaBGRs CU1TtIU1TgN. Tlr BRBURa.+B a ti CI►.Iw IBI w AI neBB.+ Tr
34 MIGILATURE OF ❑
ameR
❑ LEGAL AGBM
ar"run Ma1.M.1.YEmmdMIY. aWMSA11fq,nY�
TYPeO NAW ANO TITLE
SIONATUPi1
OATi
3w
SAI
34C
SSA,
"a
SSC.
GSAGca ani GSAAFUOIM1217
EXHIBIT A
GENERAL SERVICES ADMINISTRATION
- PUBLIC BUILDINGS SERVICE
LESSOR'S ANNUAL COST STATEMENT
IMPORTANT • REIO IGR'JI4W 7ns6uCDOna'
1. REQUEST FOR LEASE PROPOSALS
2. STATEMENT OATE
S RElRAILE AREA
ISO. "I
>A ENTIRE AVLDINO
20 LEASED By GOVT
4, BULDINO NAME AND ADDRESS RM. WINK MF, r,M eM a coal
NEAR 13LANO RESEARCH FACILITY, KODIAK , ALASKA 99615
SECTION I • ESTIMATED ANNUAL COST OF SERVICES AMC UTILITIES U. of A.
FURNISHED BY LESSOR AS PMT OF RENTAL CONSIOEMTION Visiting Scientist Bldg.'
SERVICES AND UTILITIES
LESSOR'S ANNUAL COST FOR
POR OOVIRNNENT
USE ONLY (e)
. ENTIRE BUILDING
N GOVT4.EA390AREA
A. CLEANING, JANITOR AND/OR CHAR SERVICE
S SALMIEI
E. SUPPLIES (IA'u. ~0" met re)
T. CONTRACT SIMACES(LWIY+ wYWMW. NAM Yv erlawA.eanO
B. HEATING
A. SALARIES
9. tiE�
X1
00.
1 GAS
I
I COAL
I
I ELECTRIC
12,00
10. SYSTEM MAWINIAMCE AND REPAIR
2.000
C. ELECTRICAL
11 CURRENT FOR LIGHT AND POV ER (10000,1@00 0010
9,500
12 REPLACEAMEM OF SUDS. TL6ES, STARTERS
1,50
IS PONtRFORSPtCLALEOUIPMEN'(SEAWATERSYSTtM)
14. ?SYSTEM MAWTENANCt AND REPAIR (SeFMM AeRFeL EAU
1,500
D. PLUMBING
IS. WATER (AWSOPOPr O RnfttsMM ePerW9et1
5 000
IS SUPPLIES (Sam NReMA YAM naN/tlew
------------
.
IT. SYSTEMAMINItNANCt ANOREPAR
1.000
E. AIR CONDITIONING
1/. UTILITIES (knklft rldWry, Inco NCIU VOWMATION
19. SYSTEM MAERENMRCI ANO REPAIR
F. ELEVATORS
20. SAlA11NE (CPPPPL eerI rt)
21. SVSTBAMMN'tNNICRAWASIPANK
0. MISCELLANEOUS (A Sr suer owhamom rlewl
= SULOINO L400WI AND/OR MAKOAM
22. SECURITY Avowmamm, guava Polmnow
24. SOCIAL SECUNIY TAR ANO II(ORIQAM COIPONATICI1 RSIUK* =
27. LAVM NO LANOSCAPUO YIYNIBWIC6
M. 0 ah
V. TOTAL
32 500
:
SEWN 6. arrWAMANMNL COST OF OV**ASNIP lXCLUINK OF CAPITAL CNARGEE
2e. REAL ESTATl THIO
r. INSURANCE 061004 enO 4YJ I50
A MlRDINO MAYIISNA A ANO RettRVO FOR IIt/IACtMW 10,000
31. LINE COWASSM
12 MNMOEMEM
13. TOTAL 13,150 3
LlSIOR7 CLRfIfIU1TI0M • Tne reeur erere4 N Ceuler hl w (!) MEPw PIF 34. SIO ATURR OP ❑ OLMLtR O LEGALAGENT
Mr'ALARM Y r M reU41 core of wvmm %"" w ONMrrrlRr.
TYPED INA AND TRU/ SIONATURE
344 249. 14C.
ISA SSR 13=
GIA DC I&MI .1 AA 94
(Re: Memorandum of tease Between Kodiak Island Borough and the University of Alaska)
ACKNOWLEDGMENTS
STATE OF ALASKA
I :ss
YTU JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this A day of "1 '2000, before me, the
undersigned Notary Public, in aid for the Stat (f Alaska, duly commissioned and sworn
as such, personally appeared LIQy i Uk ii. \1L�a4�.�-+ to me
known to be the
of II& l ". , a corporation
created and existing under the Constitutio and laws of the State of Alaska, and who
acknowledged to me that he/she +[I executed the within and foregoing
documents on behalf of said corporation, as such officer thereof, by authority of its board
of directors, as the voluntary act and deed of said corporation for the uses and purposes
Notary Public in and for theate of Alaska
My Commission Expires: 9llj�
THIS IS TO CERTIFY that on this 114 day of AM I , 2000, before me, the
undersigned Notary Public, in and for the State of Alaska, duly commissioned and sworn
as such, personally appeared Kathleen Schedler, to me known to be the UAF Director of
Facilities Services for the University of Alaska, a corporation created and existing under
the Constitution of the laws of the State of Alaska, and who acknowledged to me that she
executed the within and foregoing document on behalf of the said corporation, as such
officer thereof, by authority of its Board of Regents, as the voluntary act and deed of said
corporation for the uses and purposes therein mentioned.
Notary Public in and for If
My Commission Expires:
Return To:
University of Alaska Fairbanks
Facilities Services - Leasing
P.O. Box 757390
Fairbanks, Alaska 99775-7390
March 20, 2000
David Jensen
Borough Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: Kodiak Housing Caretaker
Dear Mr. Jensen:
FACILITIES SERVICES
Office of the Director
PO. Box 757390
Fairbanks, Alaska
99775-7390
907 474-6265
FAX 907 474-5017
w Ljaf.edu
Effective March 20, 2000, the Kodiak Island Borough will provide a caretaker to preserve the security
and safety of the Visiting Scientists Housing and related leased research facilities. The caretaker will
occupy one of the two bedroom apartments through March 19, 2001. Since the University will not
provide furnishing or cleaning services for the apartment, the rent for this unit is established at $610 per
month. A total credit of $7,320, for one year's rent, shall be applied to the University's future rent due
per the Lease Agreement between the Kodiak Island Borough and the University of Alaska for the
facilities. All other terms and conditions of the original lease agreement shall remain in full force and
effect.
Please indicate your agreement with the provisions described above, by signing below. After signing
this letter, please return a signed copy to our office. We appreciate your willingness to work with us. If
you have any questions please don't hesitate to contact Linda Zanazzo or me at (907) 474-5013.
Sincerely,
Kathleen Schedler, PE
Director of Facilities Services
AGREE:
As the authorized representative, I C.MP—. , agree to provide a caretaker for the
Visiting Scientist's Housing from March 20, 2000 t4oarchh M 19, 2001. A credit for one years rent
in the amount of $7,320 shall be applied towards thversity's future rent owed to the Kodiak Island
)dough as providkd in the Lease Agreement.
ua..� c.-„ Date: N`a✓, 3k, Zoon
By:
Cc era Alexander, trector of School of Fisheries and Ocean Sciences
0012
U N I V E R S I T Y 0 F A L A S K A F A I R B A N K S
Jan 24 05 04:39p Kellie Fritae 907-474-2661 p.l
h
UNIVERSITY OF ALASKA
FAIRBANKS
FAX
Date: January 10, 2005
To:
Pat Carlson
Fax:
907486-9374
From:
Mary C. Richards, Real Estate Manager
Fax:
474-2661
Re: Kodiak FRC
Please fax back at your earliest convenience.
Thanks,
Mary C. Richards
(!, ,cr(?t-#O
Facilities Services
Administration and Real Estate
P.O. Bax 757390
Fairbanks, Alaska 99775-7390
ph: (907) 474-2778
fax: (907) 474-2661
mrfchards@fs. uaf edu
Jan 24 05 04:39p Kellie Fritze 907-474-2661 p.2
January 24, 2005
Pat Carlson
Borough Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615-6340
Re: Near Island Research Facility
Dear Mr. Carlson
Division of Administration and
Real Estate Management
803 Alumni Drive. P.O. Box 757330
Fairbanks, Alaska 99775-7380
(907) 474-6265. FAX (907) 474-2661
In reference to Lease Agreement by and between Kodiak Island Borough and the University of
Alaska, dated March 20, 2000, the University wishes to extend its thanks in regards to the
extension granted by your signature extending rent negotiations of 120 days, per page two (2),
Paragraph Three (3) commencing on October 1, 2004 and terminating on January 30, 2005.
In our letter dated October 25, 2004, we had requested copies of the Annual Actual Cost
Statements for years 2000, 2001, 2002, 2003, and 2004 We would like to reconcile our records
with the KIB's records to make sure our data is accurate, and ensure that we are on the same
page for the rent negotiations. Annual Actual Cost Statements may be sent electronically to
mrichardsVfs.uaf.edu faxed to 907-474-2661, or mailed to Division of Administration and Real
Estate Management, Attention Mary C. Richards, PO Box 757380, Fairbanks, Alaska 99775-7380.
As of this date these Annual Actual Cost Statements have not been received by our office, and
to ensure accurate negotiating data we are respectfully requesting them again
Due to the delay in reviewing those Annual Actual Cost Statements we also request an
additional 120 day extension, of rent negotiations, commencing on February 1, 2005 and
terminating on May 31, 2005.
If you have any questions please feel free to contact myself or Mary C. Richards at 907-474-2778.
Sincerely,
Linda Zanazzo
Director
0012 — KIB/SFOS
Jan 24 05 04:39p Kellie Fritze
907-474-2661 p.3
ACKNOWLEDGEMENT
Navy. F . al t s'iaci
I, Kodiak Island Borough Manager, acknowledge and accept an additional 120 day
extensi co ' g Fe 1, 2005 terminating on May 31, 2005.
. Q;UAle
Kodiak Islan nxnial 1 f� 'Date
�SKA * 9boo
0012 - KIB/SFOS
Z