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