FY2015-11 Womens Bay Fire Hall Apartment Lease AgreementI In am DEW IN D) NOT I D1
THIS LEASE AGREEMENT is made this first day of July, 2014 by and between THE
KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska,
hereinafter called Landlord, and Kim DeYoung, hereinafter called Tenant.
For and in consideration of the covenants, rents and demises, and upon the terms ant
conditions hereinafter set forth, the parties agree as r•
I . Premises. Landlord, for and in consideration of the rents, covenants and conditions
hereinafter speced to be paid, performed and observed by Tenant, does hereby let, lease and
demise to Tenant the improved real estate particularly described as follows:
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real property:
Lot 2, Block 2, Tr. A, Bells Flats Subdivision, Kodiak Recording District, Third Judicial
District, State of Alaska (Plat # 81-8).
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2. Term of Lease. The term of the lease shall be for the period of twelve (12) months
following the commencement of the term, unless sooner terminated as hereinafter provided. The
term of the lease shall commence on July 1, 2014 and shall expire at 5:00 P.M., Alaska Standard
Time on June 30, 2015. Upon agreement of both parties, the lease is renewable for a period of
one (1) year (until June 30, 2016).
In the event the foregoing commencement provision results in a commencement date
other than on the first dagi of a calendar month.. the rent shall be immediatelpelaid, for such initial
fractional month prorated on the basis of a thirty (30) day ► This provision can be waived
at the request of the tenant to the Womens Bay Fire Protection District representative.
Unless otherwise provided in Section 31 (Military Clause), the lease can be sooner
terminated /• sixty (6 0) days notice to Landlord provided that the notice period allows time
for removal of all Tenant's personal belongings, exit inspection, clean-up and/or repair
necessitated by Tenant's occupancy, and reoccupancy. If the vacancy extends beyond the term
specified in the 60 -day notice, Tenant will pay prorated rent daily until the Premises is
reoccupied.
Upon expiration of this lease, tenant may continue to occupy the premises on a month-to-
month basis if granted approval by the Women's Bay Fire Protection District board no later than
thirty (30) days prior to the lease expiration.
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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(s).
(b) Heat from fuel oil 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.
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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(s) or relieve Tenant(s) from any obligation hereunder.
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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(s).
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(s), or a breach of this lease, but Tenant(s), or a breach of this lease but
Tenant(s) obligation to pay rent shall be abated during 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 without Landlord's
written consent shall be void.
If Tenant(s) 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. 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 injury to or death of persons or loss of or damage to property occurring on the
leased premises, or in any manner arising out of Tenant(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 ($ 100,000.00) to protect tenant and landlord for any potential loss
and/or lawsuits. Such policy or policies shall be written by a responsible insurance company or
companies satisfactory to Landlord. Upon the signing of this Agreement, certificates of insurance
showing compliance with the foregoing requirements shall be furnished by Tenant(s) 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 to Landlord. Maintenance of such insurance
and the performance by Tenant(s) of the obligation under this paragraph shall not relieve
Tenant(s) of liability under this indemnity agreement.
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arrangement for common areas and other facilities and temporarily to close the common areas tit,
effect such changes.
All common areas and facilities which Tenant(s) 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
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12. Liens. Tenant(s) will not permit any mechanics', laborers' or material men's liens to st
against the leased premises or improvements for any labor materials furnished to Tenant(s) or
claimed to have been furnished to Tenant(s), • to Tenant(s) agents, contractors, • sublessee, i
connection with work • any character performed • claimed to have been performed • said
premises or improvements by or at the direction of sufferance of Tenant(s); provided, however,
Tenant(s) shall have the right to contest the validity or amount of any such lien or claimed lien.
In the event of such contest, Tenant(s) shall give to Landlord such reasonable security as may b -
demanded by Landlord to insure payment of such lien or such claim of lien. Tenant(s) will
immediately pay any judgment rendered with all proper costs and changes and shall have such
lien released orjudgment 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,
• connected with the use and occupation of the leased premises by Tenant(s).
13. Default. If Tenant(s) at any time during the term • this lease (and regardless • 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(s) from complying with the terms • this lease) shall:
(a) Fail
•, make payment of any installment • rent • of any • sum herein
specified to be paid by Tenant(s), and Tenant(s) fails to cure such default within ten (10)
days after such failure to make payment: •
(b) Fail to observe or perform any of Tenant(s) other covenants, agreements
• obligations hereunder, and if within thirty (30) days after Landlord shall have given to
Tenant(s) written
• • such default ■ 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 Petition under Chapter I I of Bankruptcy Act, I I
O.S.C. 701 et seq., • a • petition under any • provision • said Bankruptcy
Act, or if Tenant(s) finally and without further possibility to appeal or review:
adjudicated as bankrupt or • or
(2) has a receiver appointed for all or substantially all of its business or
assets
• the ground of Tenant(s) insolvency; •
(3) has itself appointed as a debtor -i 1• ion; •
(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(s) shall make an assignment
• the • 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, • or events shall continue, • give Tenant(s)
• • 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) • after the
date • giving of such notice, and • the date specified in such notice, the term • this
lease and all rights granted Tenant(s) hereunder shall come • an end as fully as if the
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lease then expired by its own terms, and Tenant(s) 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
ipecified 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
7 10 Mill
is Road
Kodiak, Alaska 99615
TENANTS:
Kim DeYoung
538 Sargent Creek Roat
Apartment A
Kodiak, Alaska 99615
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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z;xisting 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(s) 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
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remedies with respect to such breach.
18. Insl2ection. Landlord shall at all reasonable times during Tenant(s) business hours hav
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 t
prospective tenants, during the last sixty (6 0) days of the lease term and any extended terrm, a
during any period of time after Landlord has given Tenant(s) a notice of intention to terminat
under paragraph 15 of this lease. I
19. Notices of Nonresponsibility. Landlord may enter the dernised premises at any time for
ihe purpose of posting notices of nonresponsibility.
P- 0. Successors in Interest. This lease shall be binding upon and inure to the benefit of thA
cespective heirs, successors and assigns of the parties hereto.
f— 1. Holding Over. In the event that the Tenant(s) holds over at or after the end of the
the tenancy shall be needed a month-to-month tenacy commencing on the first day of the
[ioldover period.
F-3. Memorandum of Lease. Tenant(s) agrees that Tenant(s) will not record this lease. At th�
request of either Landlord or Tenant(s), 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.
24. Estoppel Certificates. Tenant(s) 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(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 of any
fefenses or offsets claimed by Tenant(s) 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(s) fails so to certify within such fifteen (15) day period, Tenant(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 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 preventof
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
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f abor unions, or laws or order of governmental agencies, or any other cause whether similar or
fissimilar to the foregoing which is not within the reasonable control of such party.
F_ 6. Construction of Lease. This lease shall be governed by and construed in accordance with
the laws ofthe Stateof Alaska.
Words of gender used in this lease shall mean and include any other gender, and singular
shall mean and include the plural and the plural the singular, where applicable, and when the
sense requires.
27. Security Deposit. An essential inducement to Landlord from Tenant(s) for this lease is
security deposit 1 Tenant(s) in the amount of Ii One Hundred 1• ($1100.00)
receiptof by r ! 1 is hereby! w+ w and paid in advanceof occupation of w'
f�-,remises. Said deposit for security is for the full and faithful performance by the Tenant(s) of
the covenants and terms of this lease required to be performed by Tenant(s). Such deposit shall
be held in a separate liability account in the Women's Bay Volunteer Fire Department asset
Borough. The deposit be returned and faithfully carried•
its covenants r does ! and faithfully perform - covenants and
terms of w • C may apply! • i security deposit ■ damages
resulting from breaches of or part of the security deposit is so applief
Tenant(s) shall, upon demand, promptly pay to Landlord such amount1 necessary to
replenish deposit t• its original amount.
Pets are permitted with this lease. If the Tenant(s) has a pet in the apartment an
additional non-refundable payment shall be made of two hundred fifty dollars ($250.00).
In the event of a bona fide sale of property of premisespart,
Landlord - the right to transfer such security deposit • purchaser to be held under
terms of a in that event, the Landlord shall be r from all liability for
return of deposit ■ the Tenant(s).
encumbrances.The Tenant(s) may not assign or encumber the money deposited as security, and neither
the Landlord nor its successors or assigns shall be bound by any such assignment or
29. 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 party, cease 1 terminate as of date when possession
All proceeds fr! or • 1 • w' Premises shall belong to and 1
paid to Landlord, and no right to any portion of ! be
awarded i paid to Landlord as a resultof , _ shall be entitled to pursue
i all damages from the condemner personal to Tenant resulting from• 1" •
1. Subordination and Nondisturbance. This lease and all of of
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 thereof (except the
property of Tenant(s) and others stated to be removable under paragraph 4 of this lease), and to
any such mortgage or deed of !
31. Military Clause. It is understood that Tenant is a member of the United States Coast
Guard on extended active duty and hereafter Tenant receives permanent change of station orders
to depart from the area where the Premises are located, or is relieved from active duty, retires or
separates from the military, or is ordered into military housing, or is deployed for more than 90
tays, then in any of these events Tenant may terminate this lease upon giving thirty (30) days
written notice to Landlord. Tenant shall also provide to Landlord a copy of the official orders or
a letter signed bo Tenant's commanding -officer reflecting the change which warrants termination
under this clause. Tenant will pay prorated rent for any days he/she occupies the dwelling past
the first day of the month. The damage/security deposit will be promptly returned to Tenant
provided there are no damages to the Premises.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
day of 'Vv,,f%.P , 2014.
TENANT:
Kim DeYoung
WOMENS BAY FIRE PROTECTION DISTRICT:
6 vid Conrad
LANDLORD
TYE IVODIAK ISLAND BOROUGH
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Borough Manager, Charles E(gassid
ATTEST:
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