FY2009-24 Lease Agreement KIB and Robert Himes - Bayside Fire Department ApartmentTHIS LEASE AGREEMENT is made this day of September, 2012 by and
'between THE K ISLAND BOROUGH, a borough organized under the laws of the state
of Alaska,, hereinafter called Landlord,, and, Robert Himes, hereinafter called Tenant.
,For and, in consideration of the covenants, rents and dcmis,es, and upon. the terms and,
conditions hereinafter set forth, the parties agree as follows:
1. Premises. Landlord, for and in consideration. of the rents, covenants and conditions
hereinafter specified to be paid, performed and, observed by Tenant, does hereby let, lease and
demise to Tenant the improved real estate particularly described as, follow's :
Certain. residence space of a, two bedroom apartment situated on the second floor of the
Bayside Fire Station located at 4606 Res anofDr. East on the following described real
property:
Lot �A. Block 5, Miller Point Subdivision, Kodiak Recording District, Third Judicial
District, State of Alaska (Plat # 2005-04).
Tenant, upon paying the rents, and performing all of the terms and covenants, on this part
to be performed, shall peaceably and quietly (,,njoy the leased Premises subject nevertheless", to
the terms ofd this lease, and to any deed of trust or mortgage to which this lease is subordinated.
2., Term of Lease. This renewal. of the Lease green rpt dated, Septe,
mber 2012 shall
continue for a period of two (2) years following the commencement of the renewal term, unless
sooner ter *rete as hereinafter provided. The term of the lease shall commen.ce on July 1,
2012, and, shall expi.ire at 5:00, P.M., Alaska Standard Tin ae ort June 30, 2014. Upon agreement
of both parties, the lease is renewable for a period of two (2) years (until June 30, 2016 .
Inthe event the foregoing commencement provision results ina commencement date other
than on the first day of a calendar month, the rent shall be imn-iediately paid for such initial
fractional month prorated onthe basis of a thIrty (30) day month. This provision can be waived
at the request of the tenant to, the Bayside Fire Protection District representative.
Upon expiration of this lease, tenant may continue to occupy the premises on a m,onth-to-
rnonth. basis -if granted approval. by the Bayside Fire Protection District board no laterthan thirty
(30) days prior to the lease expiration.
3. Rental. In consideration of the demise and leasing ofthe premises aforesaid, by Landlord,
the Tenant covenants,, stipulates and agrees to pay to the Landlord as rental for said premises
hereinabove described the sum of twelve hundred dollars ($1,200.00), of which fifty percent
(50%)($6001mon-th), is reimbursement as a material obligation 'Linder this lease for
responsibilities associated with care and management of the fire station. The net monthly
payment of 5600 i,s den advance, on or before the first, day of each month, of the lease term.
All. rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the
Landford at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may
designate from time to time in writing.
Page 1. of 10,
4. Alteration of Premises. Tenant shall not make any alterations, additions, or 'improvements
in or to the leased premises without first obtaining the written consent of Landlord. Any such
alterations,, additions, and improvements consented, to by Landlord shall be made at Tenant's
expense. Tenant(s), shall secure all govemmental permits, required in connection with such work,
and shall hold Landlord, lea rrnless from, all liability and liens resulting therefrom. All alterations,
additions and improvements, except trade fixtures and appliance and equipialent which do not
become attached tothe building, shall 'immediately become a part of'the realty and, the property
of the Landlord without obligation to pay therefor, except that Landlord -may require removal of
all, or part thereof by Tenant(s) at the tern-dnation . of the Iease,, at Tenant(s) expense, and
Ten.ant(s) shall pay for or repair any damages to the leased pre mi*ses, including, without
limitation, any necessary patching, repainting, and repairing caused by such removal. Upon
removal of the, tradefixtures and appliances and eqUIpment which do not become attached to the
building, Tennant "s) shall restore the leased premi.ses t.e same condition that they were in prior
to the install ti nn of said its rns, including, without lir m*tation, any necessary patching, repainting
and rep airing. Any trade fixtures, appliances, equipment or other property not removed from the
leased premises by Ten .rut upon tern rn.n,ation of the lease shall be, deemed abandoned by
Tenant(s), provided that Tenarit(s) shall save Landlord harn-less from any loss, cost, or damage
arising frorn, Teri ant(s) failure torernove such items.
5. Use of'Premises. The leased premises shall be used for residential housing space, and for
no other purpose, without the prior written consent of Landlord. Tenant(s) shall not use or
permit the, leased premises or any part thereofto be. used, for any purpose in violation of any
mun.wipal, borough, state, federal or other govemmental law, ordinance, rule or regulation.
111 n . t s agrees that Tenant(s), together with all other persons entering and/or occupying tne
leased premises at Tenant(s) request or with r renant(s) permission, will abide by, keep and
observe, all reasonable rules and regulations whichLandlordamay make from time to time for the
management, safety, care and cleanliness, of the building,, and the preservation of'good order
therein., as well as for the convenience of other occupants and tenants of the, building, and for the
use of any parking areas adjacent to the building-. The violation, of any such rules and. regulations
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shall be deemed a material breach of the, lease by the Tenant(s.). Tenant(s) shall not, without
Landlord's prior written. consent, use., operate orinstall any electrical or mechanIcal equipment,
machinery, or mechanical devicesinn the leased premises, except in corripliance with the highest
standards applicable, to the leased premises, except, i ,n compliance with the hIghest standards
applicable to the use, operation, or installation of such. equipment, machinery or, devices,
generally recognized by the profession or industry inn which Tenant(s) is engaged, nor shall
Tenant(s) use the leased premises., or any machi,nery or equ,,i,pment therein, in such a manner as to
cause substantial noise, or vibration, or unreas on. able disturbance to other tenants in the bui,lding.
if 'Tenant(s) will. be, out of town or otherwise absent from the premesis for more than ten
(10) days, Tenant(s) will notify in advance the Fire Protection Area No. I Board.,
In. the event Tenant(s) use, of the leased premises causes an, increase in Land]. rd, "s fire or
hazard insurance premiums; Tenant(s) shall reimhur,se Landlord for the amount of such 'increase.
6. Utilities. Latidlord shall furnish, at its expense, the following utilities and services for
normal office use of the leased. premises-
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(a) Electricity for normal lighting and residential. use. Special or additional.
electrical requirements shall be pald by Tenant(s).
(b) He,at from fuel it based on normal residential use.
Tenant(s) shall provide at his expense all. other utilities, and services used at the leased
premises, including phone and cable.
Landlord shall not "be liable for any loss or damage causedby or resulting from any variation,
interruption or failure of said utilities or services, arising from. any cause, condition or event; and
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,in, part beyond the reasonable control of Landlo�rd, shall be deemed an eviction
of Tenant(s) or relieve Tenant(s) from. any obligation hereunder.
7. Maintenance, and Repairs., Landlord, shall, at its expense, maintain and keep in, good repair
the -foundations, exterior walls, roof and other, structural. portions of the building. Tenant(s) shall,
at its expense, maintain the interior of the leased premises at all times in good condition and
repair, all in accordance with the laws of the State of Alaska and, all directions and, regulations of
governmental agencies laving j urisdiction. hereof. Teneat it(s), shall commit'no waste of any kind
in or about the leased, premises, and Tena .t shall pay for all damage to the building, as well as
damage to tenants or upants hereof', used by Tenant(s) mi,suse or neglect of the leased
premises, its apparatus or appuftenances., At the expiratiOD. of the term hereof,, or on. the
termination of this lease Tenant(s) shall surrender the leased prerniLsies, its, ap aratus, or
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appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant(s)
shall surrender the leased premises in good and clean condition, normal wear and tsar and
damage by fire or other casualty excepted.
Landlord shall maintain and repair all plumbing, lines and equipment installed for the
general supply of hot and cold water, heat, ventilation and electricity, except that Tenant(s) shall
be responsible for any and all; intenance and repairs attributable to obstruction or objects,
deliberately or inadvertently introduced or placed in the fixtures, lines or equipment by
Te,nant(s), his employees, agents, licensees or invitees.
Landlord shallnot be, responsible or liable al any, tine for any loss or damages, to
"T` rant equipment,, fixtures or other personal property of Tenant(s) or to Tenant(s) buSiDess
except to the extent attributable to Landlord's negligence,.
Landlord shall not be responsible riaable to Ten rt or to those claiming by, through
or under Tenant(s) for any, loss or damages to either the person or property of Tenant(s) that may
be, occasioned by or through the acts or omissions of persons occupying other portions of the
building.
Landlord all not, be responsible or liable for any defect, latent or otherwise, in tne
"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 in ury, loss or damage,
to any person or to any property, of Tenant(s) or other person caused by or resulting from
'bursting, breakage or by or from leakage, stream. or snow or ice, running or the overflow of water
or sewerage in any part of said "leased premises, the building, or the surrounding area, or for any
injury or damage caused by or resulting from acts of nature or the elements, or for any injury or
damage caused by or resulting from any defect in the occupancy, construction, operation or use,
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of any of said leased premises, buitding, machinery, apparatus or equipment by any person or by
or from the acts or negligence of any occupant, of the premises, unless, "Landlord, itself is
negligent.
Tenant(s) shall keep premises in a clean and sanitary condition.
Tenant(s) shall,as,sume all cost of extermination and fumigation for infestation caused by him.
Tenant(s) shall childprooffanimal. proof the dwelling and yard.
Tenant(s), shall mow and water the grass and, lawn., and keep the grass, lawn, flowers, and
shrubbery thereon in good order and condition, and keep the sidewalk surrounding of said
premises free and, clear of all obstruction,* to use precaution aginst freezing of water and waste
pipes and stoppage of same in and about said premises.
8. it afid, Other Casualty. Should the leased premises be daniaged by fire or other
casualty, and if the damage isrepairable within four (4) weeks from the date of occurrence (with
the repair work and the preparations therefore to be done during regular working hours on
regular work days), the damages, shall be repaired with due diligence by Landlord, an, in, the
Banti me the monthly rental shall be abated in the same proportion that the untenable portion of
the leased premises bears to the whole thereof. Should the, leased premises, be completely
destroyled,'by fire or other casualty, or should they be darnaged to such an extent that the damage,
cannot be repaired within the four (4) weeks of the occurrence, Landlord shall have the, option to
terminate tis lease, and Landlord shall advise Tenant(s), within thirty (30) days of the,
happening of any such damage whether Landlord has elected to continue this lease ini. effect or to,
terminate it. If Landlord shall elect to COntinUe this lease in. effect, it shall. cornmence and
prosecute with. reasonable diligence any work, necessary to restore or repair the leased prermses.
If Landlord shall -fail to notify Tenant(s) of 'Its election within said thirty -day period, Landlord
shall be deemed to have elected to terminate this, lease, and the lease shall thereafter
automatically terminate. The commencement by Landlord of repair work shall be deemed to
constitute notice that Landlord has elected to restore or repair the leased premises. For the
period from the Occurrence of any damage to the leased premises to the date, of completion of the
repairs or to the date of terin tit of the lease, if Landlord shall elect not to restore, the leased
premises), the monthly rental shall be abated in the same proportion as the portion of the leased
premises bears to the whole thereof.
In'the event restoration or repair is delayed by acts or omissions of Tenant(s), there shall
be no abatement of rental during the, period of such delay. If the fire or damage is caused by the
carelessness,,, negligence or improper conduct of Tenant(s), then notwithstanding other proviislons
of this lease, Tenant ) shall remain liable for the rent, without abat eme nt, during any period of
repair or restoration.
If the Landlord I in its discretion, :shall decide within thirty (30) days after the occurrence
of any fire or other casualty in the building, even thougl . the leased premises may not have been
affected by such fi,re or other sual,ty, to demollsh, rebuild or otherwise replace or alter the
building containing the leasedpremi. premises', then UPOU written notice given by Landlord to
Tenant(s), this lease shall terminate on, a at specified in such notice, but no sooner than thirty
(30) days, from the at of such notice, as if that date had been. originally fixed as the expiration
date of the term herein leased. Tenant(s) and Landlord hereby mutually release each other from
liability and waive all right of recovery against each other for any loss from perils insured against
under their, respective fire insurance policies,, i,ncluding any extended coverage and endorsements
theretol; provi.ded, however, that this paragraph. shall be inapplic able if it wouldhave the effect,
Paore 4 of 1, 0
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'but only to the extent that it would, have the effect, of invalidating any insurance coverage of
Landlord or Tenant(s).
Restorati.on or re, pair work. conducted in the common areas,, in areas of the building unleased, or
leased to other tenants, or the noise or interference arising therefrom, shall not be, deemed an
eviction. of Tenant(s), or, a breach of this lease, but 'renant(s), or abreach of this lease but
Tenant(s) obligation to pay rent shall be abated &rtng such period of time as Tenant(s) is, unable
to conduct business at the leased premises by reason of actual physical interference with. use of
the leased premises as a result of such restoration or repair work.
9'. Subletting and Assignment. Tenant(s), 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 wlithout Landlord's
written, consent shall be void.
If 11 a_nt s is a corporation, any merger, consolidation, or dissolution -to which it, is a party, or
any change in ownership of a mlMority ofIts voting stock outstanding, shall constitute an
asstgnment of this lease for pur- gra. h.
poses of this, para p
40. indemnification. Tenant(s) agrees to protect, defend, indemnify and save harmless
Landlord from and against any and all claims (no, matter how meritless.), demands, and causes of
action of any nature whatsoever, and any expenses, incident to defense of and by Landlord
therefrom, 'for in ury to or death of persons or loss, of or damage to, property occurring on the
leased premises, or in. ani' manner arising out ofTenant(s) use and OCCUpation of said premises,
or the condition thereof, during the term, of this lease. Tenant(s) shall procure and maintain
renter's insurance, coverage,. Said, renter's insurance shall include liability coverage of one
hundred thousand dollars ($1.00,000.00 to protect tenant and landlord for any potential loss
and/or lawsuits. Such policy or policies shall be wfitten by a responsible insurance company or
companies satisfactory to Landlord. 'Upon the signing of thlis Agreement, certificates of insurance
showing compliance with thefor egoing requirements shall furnished by Tenants ,) to Landlord
for approval. Certificates shall. state that the policy or, policies will not be canceled or altered
without at least thirty (30) days, prior written notice toLandlord. Maintenance of such insurance
and the Perfori-nante by "Fenant(s), of the obligation under this paragraph shall not relieve
Tenant(s) of liability under this indemnity agreement.
11. Common Areas and Facilities. Landlord shall have, the night 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 other facilities aid temporarily to close the common areas to
effect such changes.
All comi-non. areas and facilities white . Tenant(s) may be periTn'ttedto use, and occupy are to be
used and unoccupied under a revocable license, which shall not be unreasonably revoked, and if
any such license be revo�ked or if the amount of such. areas be changed or diminished, Landlord
shall, not be subject to any liability nor shall Tenant(s) be entitled to, any compensation or
diminution or abatement ofrent nor shall revocation or diminution of such areas be deemed
constructive or actual eviction..
Paye f 10
12. Liens., Tenant(s) will not permit any mechanic -s", laborers' or material. men's, liens to stand
against the leased prern, ises or improvements for any labor matenia1s, furnished to Tenant(s) or
claimed to have been furnished to Te .. or to Tenant(s) agents,, con tr actors, or sublessee, in
connection with work of any character performed or claimed to have been performed on said
prernises or improvements by or at the direction of,sufferance of Ten,ant(s),-, provided, however,
T11or amount of any such lien or clai1 med lien.
enant(s) shall have the right to contest the li
vad' ty,
In the event of such contest, Tenant(s) shall give, to Landlord such reasonable security as may be
demanded byLandlord to insure, payment of suchlien or such claim of lien. Tt(s) 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.,
Thforgoing, 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
or connected with the u,se and, occupation of the leased premises by Tenant(s).
13. Default. If Tenant(s) at any time during the term of this lease (ani regardless of'the
pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings,, in
law, in equity or before any administrative tribunal., which have or might have the effect of
preventing Tei .0 from complying with the terms of this tease) shall,-.
(a) Fail to make payment of any i , ristallment of rent or ofany other sum herein
specified to be paid by Ten,ant(s), and Tenant(s) falls to cure, such default within ten (10)
days after such failure to make payment'. or
(b) Fail to observe or perform, any of Tenant(s) other covenants, agreements
or obligations heretinder, and if withl-n thirty (30) days, after Landlord shall have given to
T n n written notice specifying such default or defaults, Tenant(s) shall not have
commenced to cure such, default and proceed diligently to cure the same; or
(c,) If Tenant(s) has filed a Petiltion under, Chapter I I of Bankruptcy Act, I I
O.S.C. 70"1 et seq., ora voluntary petition under, any other provision of said Bankruptcy
Act, or i,i- r i enant(s) finally and without further possibility to appeal or review..
(1) i's adjudicated, as, bankrupt orin. solvent; or
(2) has a receiver appointed for all or substantially all of its business or
assets on the ground of Tenant(s) insolvenc- or
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(3) has itself appointed as a debtor-in-possession; or
(4) has a trustee .pp olinted for it after a petition has been filed for tenant's
reorganization under the Bankruptcy Act of the'United States known as the, ChandlerAct
or any future law of the United States having the same general purpose; or
(5) if Tenant(s), shall, make an. assignment for the benefit of creditors, then
in any such event Landlord shall have the right at its election, then or at any time
thereafter,, and while such default, defaults or events shall continue, to give Tenant(s)
notice of Landlord's intention to terminate this ].ease and all Tenant'(s) rights hereunder,
on a date specified in such notice, which date shall not, be less than ten (10) days after the
date of giving of such notice, and on the date specified 'in such notice, the termof this,
lease .n all, rights, granted Teriant(s), hereunder shall corne to an end as fully as if the
lease then expired by its own 'terre. s, and Teant() hereby covenants peaceable and
quietly to yield up and surrender to, Landlord said leased premises and all structures,
buildings, improvements and equipment located thereon, and to execute and deliver to
Landlord such instrument or instruments as shall be requiredby Landlord as will properly
p4cye 6 of'10
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evidence termination, of'Tn,ant(s) rights hereunder or its interest therein., In the event of
termination this lease as in this, paragraph above provided, Landlord shall. have the
right to, repossess the leased premises and such structures, buildings, improvements, and
equipment, either with process of law or through any, form of suit or prooeedmg, as, well
as the right to sue for and recover all rents and other sums accrued uthe time of' such
term,,inatton, and damages forrent not then accrued. Landlord shall also have the right,
without resuming possessi.on of the premises or terminating this lease, to sue for and
recover all rents and other sums, including damages, at any time and from time to time
accruing hereunder.
14. Notices. Any and all notices, required or perm itted under this lease, unless otherwise
speci ified in writing by the party whose address is changed, shall brn.,a
e iled, certified or
registered mail, or delivered, to the following addresses:
LANDLORD:
Kodiak Island Borough
7l Mill day Road
Kodiak-, Alaska 99615
TENANTS .
Robert Hims
4606 Rezanof Dr. East
Kodiak, Alaska 99615
Any such notices shall. be deemed effective on the date of mailing or delivery.
15. Costs ,Upon Default., In the event either party shall be in default' the performance of
any of 'Its obligations under this, lease or an action shall bebrought for the en forcement, thereof.,
the defaulting party shall pay to the other all the expenses, incurred therefor, including a
reasonable attorney's fee.
In the event either party shall without, fault on its part be made a party to any litigation
commenced by or against the other, then such, other party shall pay al.l. costs and reasonable
attorney's fees, incurred or paid by such. party in connection with such litigation.
16. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any
provision of th,is, lease, no right or remedy herein conferred upon or reserved to Landlord 'is
intended to be exclusive of any other right or remedy, and each and every right and remedy shall
be cumulative aiidin 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. Except to the extent that Landlord may have otherwise agreed
in writing, no waiver by Landlord of any breach by T'enant(s,) of any of its obligations,
agreements or cm/enants 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 forbear anceby Landlord
to seek a reg-nedy for any breach of Tenant(s) be deemed awaiver by,Landlord 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 premises for the, purpose of inspection. Landlord shall, also be entitled to put 4to
lease" 'or "for lea,se" 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 sin after Landlord has given, Tenant(s) a notice of intention to terminate,
under paragraph 15 of this lease.
19. Notices of Nonresponsibility. Landlord may enter the dernised premises at anytime for,
the purpose of posting nices of nonresponsibiii ty.
20. Successors in Interest. This lease shall, be binding upon and inure to the benefit, of the
respective heirs, successors and assi.,gns of the parties hereto.
21. HoIdin.g Over. In the event that the Tenant(s) holds over at or after the end of the tenn,
the tenancy shall be needed a morith-to-month tenacy commencing on the first day of the
holdover period.
23. Memorandum of Lease. Tenant(s), agrees that T ) will not record, this lease., At the
request of either 1.,and.lord or,,,rena,nt(s), the parties, all execute a memorandum lease for
recording purposes, I.'*n lieu of recording this lease in such form as may be satisfactory to their
respective attomeys.
24. Estop a gime and from time to time upon not less
pel Certificates. Tenant(s) shall, t any ti
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 erred 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(s) entered into occupancy of the
,leased premises and the date the lease term expires, the nature and amount of any claims of'
Tenant(s) against Landlord arising as a result of this lease, and the existence and nature r' any
defes or offsets claimed by Tenant(s), again.st enforcement of this lease by Landlord; it being
intended that any such statement, deliverursuant to this paragraph may be, relied, upon by any
prospective, purchaser or encumbrancer (Including assignees) of the premises. In the event
Tenant(s) fails so to certify within such fifteen, 1(15), dayperiod., Tenalit(s) 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 forNonerformance.. Either party hereto shall be excused from performing any
or all of its obligations, hereunder withrespect to any repair and clonstruiction work, requi , red
under the terrns of this lease for such times the performance of any such obligationis prevented
or dielayed by an act of God, floods, explo,&ioi.i the, elements, war, invasion,, insurrection, riot,
inob violencel, sabotage, terrorist activity, 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 govemmental. agencies, or any other cause whether similar or
dissimilar to the. ,f'oregomg whch, is not within the reasonable control. of such party,.
26. Construction of Lease. This lease shall be governed by and construed in accordance with
el
the laws of the State of.Alas,ka.
Page 81 of 10
Words of gender used in, this lease shall mean and include any other gender, and singulax,
shall mean and include the plural, and the plural,. the singular, where applicable, and, when the
sense, requires.
27. Security Devo&it. (None Required)
29. Condemnation. If the Leased Prem.�ses shall. be taken or condemned for any public
purpose to such an extelit as to render theLeased Premises untenantable, this Lease Agreement
shall', at the option of either party, cease and terminate as of the date when Possession is taken.
All proceeds froni any taking or condemnation of the Leased Prei-nises shallbelong to and be
p *d to Landlord, and Tenant(s) shall have no right to, any portion of the amount that may be
al
awarded or paid, to Landlord as a result of such taking. Tenant(s) shall be entitled to pursue any
and all damages frorn the condemner personal to Tenant resulting from condemnation.
30- Subordination and Nondisturbance. This lease and, all of the n.,ghts of Tenant(s)
hereunder are and shall be subject and subordinate to the lien of every deed of trust and every
mortgage now or hereafter placed on the demised premises or any part thereexcept, the
property of Tenant(s) and others stated to be removable under paragraph 4 of this, tease), and to
any and all re'newals, modifications, consolidations, replacements, extensions or substitutions of
any such mortgage or deed of trust ("'encumbrances").
Page 9 of 10
IN WITNESS WHEREOF, the parties, have hereunto set their hands and seals this
day olf
Borough Clerk, Nova J'wi
Page 10 of'l 0
FIRE PRoTEcrrION .AREA. # I -.
Scott Am&
Ole
Administrative
.Cl ar e.� les E. C,s,sidy, Jr.
ATTACHMENT A
By this attachment, the Lease Agreement dated August 19, 2008 by
and between the Kodiak Island Borough as Landlord and Robert
Himes as Tenant for rent of the residential space consisting of
a two bedroom apartment situated on the second floor of the
Bayside Fire Station in Kodiak is renewed for a two (2) year
period (until June 30, 2012), consistent with the renewal option
available in Section 2 (Term of Lease) of that Lease Agreement,
with allowance for a second two (2) year renewal, unless sooner
terminated as provided.
All other terms and conditions of this lease shall remain in
full force and effect.
IN WITNESS WHEREOF the parties have hereunto set their
hands and seals this a4' day of ((S 2010.
TENANT:
Robert Himes
FIRE PROTECTION AREA #l:
LANDLORD:
THE KODIAK ISLAND BOROUGH
Rick Giff0 Btrough Manager
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Nova Javie , MC, Borough Clerk
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LEASE AGREEMENT
THIS LEASE AGREEMENT is made this Iia T3_ day of �„s+, 2008 by and
between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the
state of Alaska, hereinafter called Landlord, and Robert Himes, hereinafter called
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. Premises. Landlord, for and in consideration of the rents, covenants and
conditions hereinafter specified to be paid, performed and observed by Tenant, does
hereby let, lease and demise to Tenant the improved real estate particularly described
as follows:
Certain residence space of a two bedroom apartment situated on the second floor
of the Bayside Fire Station located at 4606 Rezanof Drive East on the following
described real property:
Lot 3A, Block 5, Miller Point Subdivision, Kodiak Recording District, Third Judicial
District, State of Alaska
Tenant, upon paying the rents, and performing all of the terms and covenants on
this part to be performed, shall peaceably and quietly enjoy the leased premises subject
nevertheless, to the terms of this lease, and to any deed of trust or mortgage to which
this lease is subordinated.
2. Term of Lease. The term of the lease shall be for the period of (2) two years,
following the commencement of the term, with allowance for up to (2) two 2 -year
renewals, unless sooner terminated as hereinafter provided. The term of the lease shall
commence on July 1, 2008, 2008, and be reviewed on or before March 1 of each
subsequent year for consideration of annual renewal.
In the event the foregoing commencement provision results in a commencement
date other than on the first day of a calendar month, the rent shall be immediately paid
for such initial fractional month prorated on the basis of a thirty (30) day month. This
provision can be waived at the request of the tenant to the Bayside Fire Protection
District representative.
Upon expiration of this lease, tenant may continue to occupy the premises on a
month-to-month basis if granted approval by the Fire Protection Area #1 board no later
than thirty (30) days prior to the lease expiration.
3. Rental. In consideration of the demise and leasing of the premises aforesaid by
Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord the
following amount as monthly rental for said premises hereinabove described: Twelve
hundred dollars ($ 1,200.00) less six -hundred dollars ($600) as a value for the multi-
faceted involvement with care and management of the Fire Station, for a net due of six
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hundred dollars ($600.00) in advance, on or before the first day of each month of the
lease term.
All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the
Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as
Landlord may designate from time to time in writing.
4. Alteration of Premises. Tenant shall not make any alterations, additions, or
improvements in or to the leased premises without first obtaining the written consent of
Landlord. Any such alterations, additions and improvements consented to 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 appliance and equipment which do not become attached to the building,
shall immediately become a part of the realty and the property of the Landlord without
obligation to pay therefor, except that Landlord may require removal of all or part thereof
by Tenant at the termination of the lease, at Tenant's expense, and Tenant shall pay for
or repair any damages to the leased premises, including, without limitation, any
necessary patching, repainting, and repairing caused by such removal. Upon removal
of the trade fixtures and appliances and equipment which do not become attached to
the building, 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. 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 Premises. The leased premises shall be used for residential housing
space, and for no other purpose, without the prior written consent of Landlord. 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 govemmental 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 building, and the preservation of good order therein, as well
as for the convenience of other occupants and tenants of the building, and for the use of
any parking areas adjacent to the building. The violation of any such rules and
regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall
not, without Landlord's prior written consent, use, operate or install any electrical or
mechanical equipment, machinery, or mechanical devices in the leased premises,
except in compliance with the highest standards applicable to the leased premises,
except in compliance with the highest standards applicable to the use, operation, or
installation of such equipment, machinery or devices, generally recognized by the
profession or industry in which Tenant is engaged, nor shall Tenant use the leased
premises, or any machinery or equipment therein, in such a manner as to cause
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substantial noise or vibration, or unreasonable disturbance to other tenants in the
building.
In the event Tenant's use of the leased premises causes an increase in
Landlord's fire or hazard insurance premiums; Tenant shall reimburse Landlord for the
amount of such increase.
6. Utilities. Landlord shall furnish, at its expense, the following utilities and services
for normal office use of the leased premises:
a. Electricity for normal lighting and residential use. Special or additional
electrical requirements shall be paid by Tenant.
b. Heat from fuel oil based on normal residential use.
Tenant shall provide at his expense all other utilities and services used at the
leased premises, including personal phone and cable.
Landlord shall not be liable for any loss or damage caused by or resulting form any
variation, interruption or failure of said utilities or services, arising from any cause,
condition or event; and 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 in part beyond the reasonable
control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any
obligation hereunder.
7. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in
good repair the foundations, exterior walls, roof and other structural portions of the
building. Tenant shall, at its expense, maintain the interior of the leased premises at all
times in good condition and repair, all in accordance with the laws of the State of Alaska
and all directions and regulations of governmental agencies having jurisdiction hereof.
Tenant shall commit no waste of any kind in or about the leased premises, and Tenant
shall pay for all damage to the building, as well as damage to tenants or occupants
hereof, 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, 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.
Landlord shall maintain and repair all plumbing, lines and equipment installed for
the general supply of hot and cold water, heat, ventilation and electricity, except that
Tenant shall be responsible for any and all maintenance and repairs attributable to
obstruction or objects deliberately or inadvertently introduced or placed in the fixtures,
lines or equipment by Tenant, his employees, agents, licensees or invitees.
Landlord shall not be responsible or liable at any time for any loss or damages to
Tenant's equipment, fixtures or other personal property of Tenant or to Tenant's
business except to the extent attributable to Landlord's negligence.
Landlord shall not be responsible or liable to Tenant or to those claiming by,
through or under Tenant for any loss or damages to either the person or property of
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Tenant that may be occasioned by or through the acts or omissions of persons
occupying other portions of the building.
Landlord 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 Tenant or other
person caused by or resulting from bursting, breakage or by or from leakage, stream or
snow or ice, running or the overflow of water or sewerage in any part of said leased
premises, the building, or the surrounding area, or for any injury or damage caused by
or resulting from acts of nature 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, building, machinery, apparatus or equipment by any person or by
or from the acts or negligence of any occupant of the premises, unless Landlord itself is
negligent.
Tenant shall keep premises in a clean and sanitary condition.
Tenant shall assume all cost of extermination and fumigation for infestation
caused by him.
Tenant shall childproof/animal proof the dwelling and yard.
Tenant shall mow and water the grass and lawn, and keep the grass, lawn,
flowers, and shrubbery thereon in good order and condition, and keep the sidewalk
surrounding of said premises free and clear of all obstruction; to use precaution against
freezing of water and waste pipes and stoppage of same in and about said premises.
8. Fire and Other Casualty. Should the leased premises be damaged by fire or other
casualty, and if the damage is repairable within four (4) weeks from the date of
occurrence (with the repair work and the preparations therefore to be done during
regular working hours on regular work days), the damages shall be repaired with due
diligence by Landlord, an in the meantime the monthly rental shall be abated in the
same proportion that the untenable portion of the leased premises bears to the whole
thereof. 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
the four (4) weeks of the occurrence, Landlord shall have the option to terminate this
lease, and Landlord shall advise Tenant within thirty (30) days after the happening of
any such damage whether Landlord has elected to continue this lease in effect or to
terminate it. If Landlord shall elect to continue this lease in effect, it shall commence
and prosecute with reasonable diligence any work necessary to restore or repair the
leased premises. If Landlord shall fail to notify Tenant of its election within said thirty -
day period, Landlord shall be deemed to have elected to terminate this lease, and the
lease shall thereafter automatically terminate. The commencement by Landlord of
repair work shall be deemed to constitute notice that Landlord has elected to restore or
repair the leased premises. For the period from the occurrence of any damage to the
leased premises to the date of completion of the repairs (or to the date of termination of
the lease if Landlord shall elect not to restore the leased premises), the monthly rental
shall be abated in the same proportion as the portion of the leased premises bears to
the whole thereof.
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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. If the fire or damage is
caused by the carelessness, negligence or improper conduct of Tenant, then
notwithstanding other provisions of this lease, Tenant shall remain liable for the rent,
without abatement, during any period of repair or restoration.
If the Landlord, in its discretion, shall decide within thirty (30) days after the
occurrence of any fire or other casualty in the building, even though the leased
premises may not have been affected by such fire or other casualty, to demolish, rebuild
or otherwise replace or alter the building containing the leased premises, then upon
written notice given by Landlord to Tenant, this lease shall terminate on a date specified
in such notice, but no sooner than thirty (30) days from the date of such notice, as if that
date had been originally fixed as the expiration date of the term herein leased. Tenant
and Landlord hereby mutually release each other from liability and waive all right of
recovery against each other for any loss from perils insured against under their
respective fire insurance policies, including any extended coverage and endorsements
thereto; provided, however, that this paragraph shall be inapplicable if it would have the
effect, but only to the extent that it would have the effect, of invalidating any insurance
coverage of Landlord or Tenant.
Restoration or repair work conducted in the common areas, in areas of the building
unleased, or leased to other tenants, or the noise or interference arising therefrom, shall
not be deemed an eviction of Tenant, or a breach of this lease, but Tenant, or a breach
of this lease but Tenant's obligation to pay rent shall be abated during such period of
time as Tenant is unable to conduct business at the leased premises by reason of
actual physical interference with use of the leased premises as a result of such
restoration or repair work.
9. 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.
If Tenant is a corporation, any merger, consolidation, or dissolution to which it is a party,
or any change in ownership of a majority of its voting stock outstanding, shall constitute
an assignment of this lease for purposes of this paragraph.
10. Renter's Insurance. Tenant shall procure and maintain renter's insurance
coverage. Said renter's insurance shall include liability coverage of at least one hundred
thousand dollars ($100,000.00) to protect tenant for any potential lawsuits. Such policy
or policies shall be written by a responsible insurance company or companies. Upon the
signing of this Agreement, a valid copy of such certificates of insurance shall be
furnished by Tenant to Landlord. Certificates shall state that the policy or policies will
not be canceled or altered without at least thirty (30) days, prior written notice to
Landlord. Maintenance of such insurance and the performance by Tenant of the
obligation under this paragraph shall not relieve Tenant of liability under this indemnity
agreement.
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11. Common Areas and Facilities. 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 other facilities and
temporarily to close the common areas to effect such changes.
All common areas and facilities which Tenant may be permitted to use and occupy are
to be used and unoccupied under a revocable license, which shall not be unreasonably
revoked, 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 nor shall revocation or diminution
of such areas be deemed constructive or actual eviction.
12. Liens. Tenant will not permit any mechanics', laborers' or material men's liens to
stand against the leased premises or improvements for any labor materials furnished to
Tenant or claimed to have been furnished to Tenant, or to Tenant's agents, contractors,
or sublessee, in connection with work of any character performed or claimed to have
been performed on said premises or improvements by or at the direction of 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.
13. Default. If Tenant at any time during the term of this lease (and regardless of the
pendency of any bankruptcy, reorganization, receivership, insolvency or other
proceedings, in law, in equity or before any administrative tribunal, which have or might
have the effect of preventing Tenant from complying with the terms of this lease) shall:
(a) Fail to make payment of any installment of rent or of any other sum herein
specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days
after such failure to make payment: or
(b) Fail to observe or perform any of Tenant's other covenants, agreements or
obligations hereunder, and if within thirty (30) days after Landlord shall have given to
Tenant written notice specifying such default or defaults, Tenant shall not have
commenced to cure such default and proceed diligently to cure the same; or
(c) If Tenant has filed a Petition under Chapter 11 of Bankruptcy Act, 11 O.S.C. 701
et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if
Tenant finally and without further possibility to appeal or review:
(1) is adjudicated as bankrupt or insolvent; or
(2) has a receiver appointed for all or substantially all of its business or assets on the
ground of Tenant's insolvency; or
(3) has itself appointed as a debtor-in-possession; or
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(4) has a trustee appointed for it after a petition has been filed for tenant's
reorganization under the Bankruptcy Act of the United States known as the Chandler
Act or any future law of the United States having the same general purpose; or
(5) if Tenant shall make an assignment for the benefit of creditors, then in any such
event Landlord shall have the right at its election, then or at any time thereafter, and
while such default, defaults or events shall continue, to give Tenant notice of Landlord's
intention to terminate this lease and all Tenant's rights hereunder, on a date specified in
such notice, which date shall not be less than ten (10) days after the date of giving of
such notice, and on the date specified in such notice, the term of this lease and all rights
granted Tenant hereunder shall come to an end as fully as if the lease then expired by
its own terms, and Tenant hereby covenants peaceable and quietly to yield up and
surrender to Landlord said leased premises and all structures, buildings, improvements
and equipment located thereon, and to execute and deliver to Landlord such instrument
or instruments as shall be required by Landlord as will properly evidence termination of
Tenant's rights hereunder or its interest therein. In the event of termination of this lease
as in this paragraph above provided, Landlord shall have the right to repossess the
leased premises and such structures, buildings, improvements and equipment, either
with process of law or through any form of suit or proceeding, as well as the right to sue
for and recover all rents and other sums accrued up to the time of such termination, and
damages for rent not then accrued. Landlord shall also have the right, without
resuming possession of the premises or terminating this lease, to sue for and recover all
rents and other sums, including damages, at any time and from time to time accruing
hereunder.
14. 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 addresses:
LANDLORD:
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
TENANT:
Robert Himes
4606 Rezanof Drive East
Kodiak, Alaska 99615
Any such notices shall be deemed effective on the date of mailing or delivery.
15. Costs Upon Default. In the event either party shall be in default in the
performance of any of its obligations under this lease or an action shall be brought for
the enforcement thereof, the defaulting party shall pay to the other all the expenses
incurred therefor, including a reasonable attorney's fee.
In the event either party shall without fault on its part be made a party to any
litigation commenced by or against the other, then such other party shall pay all costs
and reasonable attorney's fees incurred or paid by such party in connection with such
litigation.
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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
is 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. Except to the extent that Landlord may have otherwise
agreed in writing, no waiver by Landlord of any breach by Tenant 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 to seek a remedy for any breach of Tenant be
deemed a waiver by Landlord 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 premises for the purpose of inspection. 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 under paragraph 15 of this lease.
19. Notices of Nonresponsibility. Landlord may enter the demised premises at any
time for the purpose of posting notices of nonresponsibility.
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 needed a month-to-month tenacy commencing on the first
day of the holdover period.
22. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At
the request of either Landlord or Tenant, the parties shall execute a memorandum lease
for recording purposes in lieu of recording this lease, in such form as may be
satisfactory to their respective attorneys.
23. 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 premises. In the event Tenant
Page 8 of 10
fails so to certify 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.
24. 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, terrorist activity,
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 party.
25. 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.
26. Security Deposit. [NONE REQUIRED]
27. Condemnation. If the Leased Premises shall be taken or condemned for any
public purpose to such an extent as to render the Leased Premises untenantable, this
Lease Agreement shall, at the option of either party, cease and terminate as of the date
when possession is tak �" ds from any taking or condemnation of the Leased
Premises shall beton $ Landlord, and Tenant shall have no right to any
portion of the am o may ded or paid to Landlord as a result of such
taking. Tenant sh any and all damages from the condemner
personal to Tena res I tion.
28. Subordinati a Jgondistu anc . This lease and all of the rights of Tenant
hereunder are and t subordinate to the lien of every deed of trust
and every mortgage OT placed on the demised premises or any part
thereof (except the prop rty enant and others stated to be removable under
paragraph 4 of this lease), and to any and all renewals, modifications, consolidations,
replacements, extensions or substitutions of any such mortgage or deed of trust
("encumbrances").
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IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals this j!�k day of f , 2008..
TENANT:
Robea Himes
FIRE PROTECTION DISTRICT #1
I LVA n.Ta one •
LANDLORD:
THE KODIAK ISLAND BOROUGH
d'.-Ld A V:"6z-
Borough Manager k Gifford
ATTEST: N04
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Borough Clerk, No a Javier, CMC
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