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Contract No. 1992-47 LEASE AGREEMENT Between KIB and Chiniak Public Library AssociationC -92-47-A LEASE AGREEMENT Lease made this -.4t day of 1992 between Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska, herein referred to as lessor and Chiniak Public Library Association, P.O. Box 2153, Kodiak, Alaska, a nonprofit corporation organized under the laws of the State of Alaska, herein referred to as lessee. RECITALS Lessor is a municipality which owns the premises described below, which was previously used as a public school. Lessee desires to lease the premises in order to operate a public library. The parties desire to enter into a lease agreement to define their rights, duties and liabilities relating to the premises. In consideration of the mutual covenants contained herein, the parties agree as follows: SECTION ONE SUBJECT AND PURPOSE Lessor leases the Old School Building of approximately 4,500 square feet within Tract E, Chiniak Subdivision, Chiniak, Alaska to lessee for lessee's use as a public library. SECTION TWO TERM AND RENT The term of this lease is one year at a time beginning on July 1, 1992 and ending on June 30, 1993. The rent is ONE DOLLAR ($1.00) per year, the receipt of which is acknowledged by the lessor at the time this agreement is signed. SECTION THREE AUTOMATIC EXTENSION This lease shall be subject to five (5) successive automatic extensions or renewals, each such extension for a period of one (1) year and to be on the same covenants, terms, and conditions as those of this lease. Unless either party shall give the other party not less than 60 days' notice of its intention not to renew or extend this lease at its expiration or at the expiration of any extended term or period with the exception of the last extension period, the lease shall be deemed to be extended or renewed from term to term, without further notice. SECTION FOUR REPAIRS Lessee shall, at all times during the lease and at its own cost and expense, repair, replace and maintain in a good, safe, and substantial condition, all building and any improvements, additions, and alternations thereto, on the demised premises and shall use all reasonable precaution to waste, damage, or injury to the demised premises. SECTION FIVE UTILITIES All applications and connections for necessary utility services on the demised premises shall be made in the name of lessee only, and lessee shall be solely liable for utility charges as they become due, including those for sewer, water, gas, electricity, and telephone services. M4WiRM"o Lessor shall obtain and pay for insurance against loss or damage by fire, and against liability for personal injury or property damage. SECTION SEVEN UNLAWFUL OR DANGEROUS ACTIVITY Lessee shall neither use nor occupy the demised premises or any part thereof for any unlawful, disreputable, or hazardous purpose nor operate or conduct his business in a manner constituting a nuisance of any kind. Lessee shall immediately, on discovery of any unlawful, disreputable, or hazardous use, take action to halt the activity. SECTION EIGHT BREACH It is a breach of this lease if lessee shall fail to perform or comply with any of the conditions of this lease and if the nonperformance shall continue for a period of ten days after notice thereof by lessor to lessee. It is a breach of this lease if lessee shall abandon or vacate the demised premises. In the event of any breach of this lease, lessor shall have the right to cancel and terminate this lease, as well as all of the right, title, and interest of lessee hereunder, by giving to lessee not less than twenty days notice of cancellation and termination. SECTION NINE ACCESS TO PREMISES Lessee shall permit lessor or its agents to enter the demised premises at all reasonable hours to inspect the premises or make repairs that lessee may neglect or refuse to make in accordance with the provisions of this lease. SECTION TEN EASEMENTS, AGREEMENTS. OR ENCUMBRANCES The parties shall be bound by all existing easements, agreements, and encumbrances or record relating to the demised premises, and lessor shall not be liable to lessee for any damages resulting from any action taken by a holder of an interest pursuant to the rights of that holder thereunder. SECTION ELEVEN LIABILITY OF LESSOR Lessee shall be in exclusive control and possession of the demised premises. The provisions here in permitting lessor to enter and inspect the demised premises are made to insure that lessee is in compliance with the terms and conditions hereof and make repairs that lessee has failed to make. Lessor shall not be liable to lessee for any entry on the premises for inspections purposes. SECTION TWELVE REPRESENTATIONS BY LESSOR At the commencement of the term lessee shall accept the buildings and improvements and any equipment in their existing conditions and state of repair, and lessee agrees that no representations, statements, or warranties, express or implied, have been made by or on behalf of lessor in respect thereto except as contained in the provisions of this lease, and lessor shall in no event be liable for any latent defects. SECTION THIRTEEN WAIVERS The failure of lessor to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that lessor may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. SECTION FOURTEEN NOTICE All notices to be given with respect to this lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at the address set forth herein or at such other address as either party may from time to time designate in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. SECTION FIFTEEN ASSIGNMENT MORTGAGE, OR SUBLEASE Neither lessee nor his successors or assigns shall assign, mortgage, pledge, or encumber this lease or sublet the demised premises in whole or in part, or permit the premises to be used or occupied by others, nor shall this lease be assigned or transferred by operation of law, without the prior consent in writing of lessor in each instance. SECTION SIXTEEN TOTAL AGREEMENT: APPLICABLE TO SUCCESSORS This lease contains the entire agreement between the parties and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. This lease and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties. SECTION SEVENTEEN APPLICABLE LAW This agreement shall be governed by and construed in accordance with the laws of the State of Alaska and the ordinance of the Kodiak Island Borough. SECTION EIGHTEEN TIME OF THE ESSENCE Time is of the essence in all provisions of this lease. SECTION NINETEEN SURRENDER OF POSSESSION Lessee shall, on the last day of the term, or on earlier termination and forfeiture of the lease, peaceable and quietly surrender and deliver the demised premises to lessor free of subtenancy, including all buildings, additions, and improvements constructed or placed thereon by lessee, except moveable trade fixtures, all in good condition and repair. Any trade fixtures or personal property not used in connection with the operation of the demised premises and belonging to lessee, if not removed at the termination or default, and if lessor shall so elect, shall be deemed abandoned and become the property of lessor without any payment or offset therefore. Lessor may remove such fixtures or property from the demised premises and store them at the risk and expense of lessee if lessor shall not so elect. Lessee shall repair and restore all damage to the demised premises caused by the removal of equipment, trade fixtures, and personal property. IN WITNESS WHEREOF the parties have executed this agreement this %' day of 1992 at Kodiak, Alaska. KODIAK ISLAND BOROUGH CHINIAK PUBLIC LIBRARY ASSOCIATION By: By: JE OME M. SELBY LLIE WERB Borough Mayor President STATE OF ALASKA ss: THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the 111 day of/,/),i -/ 1992, before me the i undersigned, a Notary Public in and for the State of Alaska, duly commssioned and sworn as such, personally appeared JEROME M. SELBY, known to me to be the Mayor of the Kodiak Island Borough, a municipal corporation, and known to me to be the person who executed the within instrument on behalf of the corporation herein named, and acknowledged to me that he executed the same as a free act and deed of the said corporation for the uses and purposes therein stated and pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and notary seal th dayand year first above written. otary Public in or Alaska y commission expires: 9-�2-9C STATE OF ALASKA ss: THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the %'='Iday of 1992, before me the undersigned, a Notary Public in and for the State of Alaska, duly missioned and sworn as such, personally appeared ELLIE WERBE, known to me to be the President of the Chiniak Public Library Association, a nonprofit corporation, and acknowledged to me that the foregoing instrument was signed and sealed on behalf of the Chiniak Public Library Association and acknowledged further that said instrument is the free act and deed of the said corporation for the uses and purposes therein stated and pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and notary seal t day and year first above written. otary Public m d or Alaska My commission eres: _/ ys C- 9a- KODIAK ISLAND BOROUGH SCHOOL DISTRICT Office of the Superintendent 722 Mill Bay Road Kodiak, Alaska 99615 (907) 486-9233 MEMORANDUM OF AGREEMENT NO. 923-49 between the KODIAK ISLAND BOROUGH MENTAL HEALTH CENTER 710 Mill Bay Road Kodiak, Alaska 99615 and the KODIAK ISLAND BOROUGH SCHOOL DISTRICT PURPOSE: Psychologist to provide crisis intervention, follow-up, and related counseling services for elementary, junior high, and high school students who have been previously identified as needing Mental Health services, and students who need referral due to chemical dependency. PERIOD COVERED: August 31, 1992 through June 4, 1993 PAYMENT: Upon satisfaction of conditions below. ITEM TO BE PAID: AMOUNT TO BE PAID: ACCOUNT CODE: Professional Services $32,000.00 60..370..400.15 TOTAL AMOUNT TO BE PAID NOT TO EXCEED: $32,000.00 OTHER CONDITIONS: 1. Contractor will participate with the Assistant Superintendent in evaluation of services provided. 2. Contractor will submit a billing by the 30th of each month to the Assistant Superintendent. AGREED TO BY: 1&te, Alice Knowles President, School Board Date: // I A3 NO,, Jme M. Selby Mayor, Kodiak Island Borough �Yffiin Witteveen Superintendent/ q Date: etty'al ers Assistant Superintendent Date: 1 ZZ / 71 G Z,— Date: Attest:` Clerk, Kodiak Island Borough