FY2011-31 Department of Fish and Game Leaseeh&,d 17e
aF T"
w ilii s9 LAND LEASE
_ BETWEEN THE
STATE OF ALASKA
"Fr
ALAS DEPARTMENT OF FISH AND GAME
AND
KODIAK ISLAND BOROUGH
16 U veal/ - ✓�
This Lease is made and entered into this l" day of May, 2011, by and between
Kodiak Island Borough, whose mailing address is 710 Mill Bay Road, Kodiak,
Alaska 99615-6340, hereinafter referred to as Lessor, and the State of Alaska,
Department of Fish and Game, whose mailing address is P.O. Box 115526, Juneau,
Alaska, 99811-5526, hereinafter referred to as Lessee.
The parties agree as follows:
Premises Leased:
1. Lessor and Lessee enter into this Land Lease Agreement ("Lease") for the rent
and upon the terms and conditions set out. Lessor does lease to Lessee, and
Lessee does lease from Lessor, the land described as:
[PLAT IS NEEDED] [A southwesterly portion of Tract B -IA, US
Survey 4947 (Plat #2010-8) in the Kodiak Recording District, Kodiak,
Alaska. This site will consist of approximately 2.88 acres, to be
described by recorded plat consistent with the standards of Kodiak
Island Borough Code Title 16.1, hereafter referred to as the Premises.
2. The Premises are approximately depicted in Exhibits A-1, A-2 and A-3
attached to the LICENSE AGREEMENT, which are attached to and made a
part of this Lease.
Covenants to Perform:
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I This Lease is made upon the above and the following terms and conditions,
each of which the party bound by such covenants and conditions agrees to
perform, irrespective of whether the particular provision is in the form of a
covenant, an agreement, a condition, a direction, or otherwise, and each party
agrees to provide the other party with documents or further assurances as may
be required to carry out the expressed intentions.
Lessor's Representations:
4. Lessor represents and warrants that Lessor, alone, has the right, power, and
authority to make and enter into this Lease. Lessor represents and warrants
that, at the date of this Lease, there are no restrictions, covenants, easements,
rights-of-way, or uses which would prevent Lessee from building an
office/laboratory building on the Premises.
Rent and Term:
5. This lease shall be for a term of fifty-five (55) years commencing on the
day of / , 2011, and ending on the &l / day of , 2066. A rent of
$1.00 per year, will be made payable in advance commencing on the ltk of
`'t , 2011.
6. The payment of rent by Lessee is subject to the availability of appropriations for
the purpose of this Lease. These appropriations are authorized by the
Legislature of the State of Alaska and this Lease may be terminated by Lessee
due to lack of such appropriation by giving Lessor not less than thirty (30) days
notice in writing.
Terms and Conditions:
7. Lessee has the right to use the surface estate of the Premises for the
construction, utilization, and operation of a research laboratory and
administration building ("Facility").
8. The cost of any construction, reconstruction, demolition, or of any changes,
alternations or improvements, shall be borne and paid for by Lessee. The
Premises shall at all times be kept free of mechanic's and materialmen's liens.
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9. Lessee may neither assign nor sublet, either by grant or implication, the whole
or any part of the Premises, a- use for a purpose other than indicated in Section
7 without the written consent of Lessor, provided that such consent shall not be
unreasonably withheld by Lessor if the assignee or sublessee agrees to use the
Premises for the same or similar purpose as Lessee, and agrees to such further
conditions that are reasonable or necessary for entities that are" not
instrumentalities of the State of Alaska.
Lessee shall:
I
10. Use and occupy the Premises in a lawful and proper manner in conformance
with all federal, state and local laws and regulations including provisions of KIB
code dealing with Buildings (Title 15), Platting (Title 16), Zoning (Title 17),
and Real Property (Title 18), and will maintain the facility at its own expense
throughout the life of the Lease-,
11. Be responsible for and pay all utility and services bills which may arise with
respect to the Premises during the term of this Lease, including but not limited
to water, sewer, electric, refuse disposal, snow removal and landscaping within
the Premises as well as an allocated portion of snow removal on the access road
(Research Court); and
12. Timely pay any applicable local property taxes. The State of Alaska is exempt
from local property taxes.
Ingress/Egress:
13. Lessor covenants and agrees that ingress/egress to the Premises shall be
guaranteed across a portion of Tract A, U.S Survey 4947 (the road known as
Research Court) as delineated in the Easement Agreement between the
University of Alaska and the Kodiak Island Borough, recorded in Book 0163,
Page 775 through 779, Kodiak Recording District.
The Lessor covenants and agrees that the access easement may be utilized by
any person or the general public for ingress and egresstothe Premises, and for
the purpose of general public vehicular and pedestrian use and access, and for
the Fire Department, Police and emergency use in, along, upon and across said
easement.
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Lessor retains right of reasonable access over the Premises for existing trails
and to other Lessor property outside of the Premises southwest of the Facility.
Access Easement Across Leased Premises:
14. Lessor and Lessee agree to the establishment of an easement on the leased
Premises identified on Exhibit A-3 as "ACCESS ESMT." and further delineated
by boundary lines Ll through L5. This easement shall provide access to
Lessor's Kodiak Fisheries Research Center loading dock and driveway access to
Lessee's research lab/administration building.
15. Lessor and Lessee both agree to maintain clear passage through this easement at
all times in order to provide both Lessor and Lessee access to their respective
buildings.
Lessee Improvements:
16. Lessee may, at Lessee's expense, with Lessor's approval, construct additional
improvements necessary to operate and maintain the Facility. Such
improvements shall remain the property of Lessee for the duration of the Lease.
17. All fixtures and equipment of whatever nature that have been installed on the
Premises by Lessee, whether permanently affixed or otherwise, shall continue to
be the property of Lessee, and may be removed by Lessee at the expiration or
termination of this Lease.
18. Upon termination or expiration of the Lease, Lessor shall have the option to
accept return of the Premises in its original condition, or in the alternative, to
accept the Premises with any and all improvements existing thereon at the time
of termination or expiration. If the Lessor accepts the Premises with the
improvements thereon, Lessee shall convey the improvements to Lessor. If the
Lessor accepts the Premises in its original condition, Lessee, at its own expense,
will remove the improvements, and will fill all holes resulting from the removal
and will grade the affected area to a reasonably smooth and regular surface in
such a manner that it will drain properly and be left in a clean and safe
condition.
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Mineral RijZhts/Waste:
19. No mineral rights accrue to the Lessee by operation of this lease. Lessee shall
not commit waste or injury upon the Premises.
Maintenance of Premises:
20. Lessee shall, at all times, keep and maintain the Facility and the entire Premises
in good repair and in neat, orderly and safe condition. Lessee shall not cause or
permit any litter, debris, scrap or other materials not having a recognized
commercial value, or usable by Lessee in its business, including refuse, to be
accumulated or stored upon the Premises. Lessee agrees to not store any items
on the Premises which do not belong to Lessee.
Holding Over:
21. All conditions and covenants of this Lease shall remain in effect during any
extension of this Lease. Any holding over after the expiration date of this Lease
shall be construed to be a tenancy from month to month, at the same monthly
rental and on the terms and conditions specified in this Lease, so far as
applicable.
Renewal Options:
22. This Lease can be renewed upon mutual consent of both Lessor and Lessee in
writing. It is a condition precedent to any renewal that (1) written notice of
intent to renew must be given to Lessor at least 180 days prior to the expiration
of the term of the lease, and (2) Lessee must not be in default of any condition
of this Lease.
Liabilitv:
23. Lessor and Lessee shall each be responsible for its own acts or omissions (and
those of its officers, agents, and employees); and each party to this Lease agrees
to indemnify, defend and hold harmless the other, to the maximum extent
allowable under Alaska law, from any claim or liability (of whatever kind,
including attorney fees) for damages to property or injury to persons occasioned
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by each party's own acts or omissions in connection with the use and occupancy
of the Premises described in this Lease.
24. The parties agree to notify each other of any claim, demand, or lawsuit arising
out of or affecting Lessee's occupation or use of the Premises. Both parties will
fully cooperate in the investigation and litigation of any claim, demand, or
lawsuit affecting the Premises.
Incnrnneec
25. The State of Alaska and its agencies are covered for property liability exposures
through major worldwide insurance programs with large self-insured retentions.
Losses are covered by the financial resources of the State and are administered
under the self-insured claims program handled by the Division of Risk
management.
26. The State of Alaska, through its Division of Risk Management, provides
comprehensive liability insurance coverage through our program of self-
insurance for the activities and operations of its agencies.
Environmental Concerns:
27. Use of Hazardous Materials on the Site.
a. Lessee shall not cause or permit any Hazardous Material to be brought
upon, kept or used in or about the Premises except for such Hazardous
Material as is necessary to conduct Lessee's authorized use of the Premises.
b. Any Hazardous Material permitted on the Premises as provided in this
paragraph, and all containers therefor, shall be used, kept, stored and
disposed of in a manner that complies with all Environmental Laws or
other laws or regulations applicable to such Hazardous Material.
c. Lessee shall not discharge, leak or emit, or permit to be discharged, leaked
or emitted, any material into the atmosphere, ground, ground water, sewer
system or any body of water, if such material (as reasonably determined by
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Lessor, or any governmental authority) does or may, pollute or contaminate
the same, or may adversely affect the (a) health, welfare or safety of
persons, whether located on the Premises or elsewhere; or (b) condition,
use or enjoyment of the Premises or any other area or personal property.
d. Lessee hereby agrees that it shall be fully liable for all costs and expenses
related to the use, storage and disposal of IIazardous Material kept or
brought on the Premises by Lessee, its authorized representatives and
invitees, and Lessee shall give immediate notice to Lessor of any violation
or potential violation of the provisions of this subparagraph.
28. Operator. For all purposes, Lessee shall be deemed the operator on the
Premises.
29. Hazardous Material Defined. As used in this Lease, Hazardous Material is
any substance which is toxic, ignitable, reactive, or corrosive or which is
regulated by any Environmental Law. Hazardous Material includes any and
all material or substances which are defined as industrial waste hazardous
waste, extremely hazardous waste or a hazardous substance under any
Environmental Law. Notwithstanding any statutory petroleum exclusion, for
the purposes of this Lease, the term Hazardous Material includes, without
limitation, petroleum, including crude oil or any fraction thereof, petroleum
soaked absorbent material and other petroleum wastes.
30. Environmental Law Defined. As used in this Lease, Environmental Laws
include any and all local, state and federal ordinances, statutes, and
regulations, as now in force or as may be amended from time to time, relating
to the protection of human health and the environment, as well as any
judgments, orders, injunctions, awards, decrees, covenants, conditions, or
other restrictions or standards relating to same. Environmental Laws include,
by way of example and not as a limitation of the generality of the foregoing,
Alaska Statutes Title 46, the Resource Conservation and Recovery Act of
1976, the Comprehensive Environmental Response, Compensation and
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Liability Act of 1980, the Clean Water Act, and the Superfund Amendments
and Reauthorization Act of 1986.
31. Lessee shall obtain all permits or approvals required by any applicable law or
regulation.
Richt of Refusal:
32. Lessor agrees that at the termination of this Lease or any subsequent extensions,
he or his designees will not lease the parcel to any other party without first
giving Lessee the opportunity to renew this land lease on terms, conditions and
rental no less favorable to Lessee than those offered any other party.
Ril4ht to Occupy:
33. Lessee shall have the right to possession of the Premises from and after the
effective date of the Lease subject to the herein described terms.
34. Lessor agrees to make any sale of the Premises during the term of the Lease, or
an extension thereof, subject to this Lease. This also applies to any sales as a
result of an encumbrance on the property that existed prior to the extension of
this Lease.
Default:
35. In the event of default by Lessee, Lessor must send a written notice to Lessee
which specifies the particular alleged default. If Lessee fails to cure the default
within sixty (60) days after receiving the written notice or begin to diligently
pursue a cure if it wilt take longer than 60 days, Lessor may cancel this Lease.
NnticPc-
36. All notices, demands or requests required or allowed hereunder or otherwise,
shall be sent by mail, certified or registered, postage prepaid, or faxed, or
delivered by hand to the addresses below. Notice shall be deemed to have been
made at the time of delivery if delivered, faxing if faxed, and mailing if mailed.
Either party must notify the other in writing of any change in address:
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Lessor: Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615-6340
ATTN: Kodiak Island Borough Manager
Lessee: Alaska Department of Fish and Game
Division of Administration
Procurement Section
P.O. Box 115526
Juneau, AK 9981 1-5526
ATTN: Lands and Leasing Coordinator
Effect on Successors:
37. This Agreement is binding upon, and shall inure to the benefit of the parties
themselves, as well as their respective representatives, successors, permitted
assigns, heirs and estates.
Applicable Laws:
38. Both parties consent to the jurisdiction of the Superior Court of the State of
Alaska and shall be bound. by the laws of Alaska with respect to any dispute
under this Lease.
Time is of the Essence:
39. Time, whenever expressed herein, shall be deemed to be of the essence in this
Lease.
Partial Invaliditv:
40. If any provision or covenant of this Lease is declared to be invalid by a court of
competent jurisdiction, the remaining provisions and covenants will continue in
full force.
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Amendment:
41. No amendment or extension of this Lease shall be effective unless expressed in
writing executed by both parties.
Entire Agreement:
42. This Lease contains all the terms, conditions, and agreements of the parties and
supersedes any previous understanding or agreements regarding the Premises
whether oral or written. This writing constitutes the total lease agreement
between Lessor and Lessee.
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IN WITNESS THEREOF, the parties hereto have hereunto set their hands on the
day and year written below.
LESSOR: Kodiak Island Borough
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Rick L. Gifford, Boroul, anager
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Date
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Federal Tax ID#
ATTEST:IZU044111, lie
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i J
Novd1Javier, Bord ugh Cleric
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the j� day of 2011, before me,
the undersigned, a Notary Public in and for the State of Aluly commissioned
AarleSF,7�
and sworn, personally appeared '�zr, Aorough Manager, Kodiak Island
Borough, and acknowledged to me that s/he signed the foregoing Agreement freely
and voluntarily for and on behalf of the Kodiak Island Borough, for the use and
purpose therein mentioned.
NNY A
-. .......... 0(
N.��:AVBLIG .
i�Grl� OF ALP'�,�P�
Not( ry in ang for Alaska
My commission expires:
Pagc 11 of']')
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LESSEE: STATE OF ALASKA, Department of Fish & Game
l
si
at
Printed name
Itle
Date
STATE OF ALASKA )
)ss.
FIRST JUDICIAL DISTRICT )
TI -IIS IS TO CERTIFY that on the Vky of ( 20 , before me,
the undersigned, a Notary Public in andfor� We
yState of Alaska, dull�pc�}o�mmissioned
and sworn, personally appeared Job 1/vrt e , Kw(- �� er, Alaska
Department of Fish and Game, and acknowledged to me that s/he signed the
foregoing Agreement freely and voluntarily for and on behalf of the State of Alaska,
Department of Fish and Game, for the use and per ose tI d.
STATE OF ALASKA
OFFICIAL SEAL.
Rory E. Niere -
NOTARY PtBLI '_' Notary In and too Alaska _
My
--- My commission expires:
PLEASE DIRECT ALL CORRESPONDENCE REGARDING THIS LEASE
TO:
Alaska Dept of Fish & Game
P.O. Box 115526
Juneau, Alaska 9981 1-5526
Attn: Lands & Leasing Coordinator, Procurement Section
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After recording, return document to:
Alaska Department of Fish and Game
P.O. Box 115526
Juneau, Alaska 99811-5526
Attn: Lands and Leasing Coordinator
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is or is
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A 201.1-000930-0
A Recording Dist: 303 - Kodiak
A
s 5/20/2011 1:25 PM Pages: 1 of 14
K
A I IIIIIII VIII IIIIIIIIIIIIIIIIII IIIIIIIIII I VIIIA
THIS COVER SHEET HAS BEEN ADDED TO
THIS DOCUMENT TO PROVIDE SPACE FOR
THE RECORDING DATA. THIS COVER
SHEET APPEARS AS THE FIRST PAGE OF
THE DOCUMENT IN THE OFFICIAL PUBLIC
RECORD.
DO NOT DETACH
August 19. 2010
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