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FY2027-01 Lease Agreement With Sun'aq Tribe Of Kodiak For Space In The North Star BuildingCOMMERCIAL LEASE AGREEMENT This Lease Agreement (Lease) is made effective as of (Effective Date), between Kodiak Island Borough (Borough), an Alaska second class borough (Landlord), 710 Mill Bay Road, Kodiak, Alaska 99615, and The Sun'aq Tribe of Kodiak (Sun'aq), a federally recognized tribe (Tenant) , 312 Marine Way, Kodiak, Alaska 99615; (each a Party and collectively, the Parties). RECITALS A. Whereas the Borough owns the building and land located at 961 Mallard Way which is the former site of North Star Elementary School; and B. Whereas the building and land have been vacated from use as a school; and C. Whereas Sun'aq has requested use of space within the building to expand their preschool and early childhood programs; and D. Whereas the Parties desire to enter into a term lease for an area consisting of approximately 9,086 square feet of the premises. NOW THEREFORE, in consideration of the premises and the mutual covenants herein, the parties agree as follows: 1. Leased Premises. Landlord, for and in consideration of prompt payments, 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 (Leased Premises) described as follows: Classroom space of approximately 9,086 square feet known as the northeast wing and library, and further identified on Exhibit A, and common space, including the outdoor playground and parking lot. The building is located at 961 Mallard Way, Kodiak Alaska, which is also the following described real property: North Star School Tract, Kodiak recording District, Third Judicial District, State of Alaska. Term. (a) Initial Term. The term of the Lease shall be for the period of three (3) years commencing July 1, 2026, and expiring at 5:00 PM Alaska Standard Time on June 30, 2029, unless terminated earlier as provided below. (b) Automatic Extensions or Renewals of Lease Agreement. This lease shall be subject to two (2) successive automatic extensions or renewals, each such extension to be for a period of one (1) year and to be on the same covenants, terms, and conditions as those of this Lease. Unless either Party shall give the other Party not less than sixty (60) days' notice of its intention not to renew or extend this Lease at its expiration or at the expiration of any extended term or period with the exception of the last extension period, the Lease shall be deemed to be extended or renewed from term to term, without further notice. 3. Termination of Lease. Sun'aq has the right to terminate this Lease with ninety (90) days written notification; Landlord may terminate the lease with two years' written notice. 4. Rental. The Tenant agrees to pay rent at the rate of $1.30 per square foot, for a total base rent in the amount of eleven thousand, eight hundred, eleven dollars and eighty cents ($11,811.80) per month due on or before the 1st day of each month. After the first year, the rate will be adjusted annually based upon the change KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 1 of 10 KIB Contract FY27-01 in the Consumer Price Index for All Urban Consumers (CPI-U) for Urban Alaska, for the 12-month period between April of the current year and April of the previous year. All rental payments, unless directed otherwise in writing by Landlord, shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska, 99615. The base lease rate per square foot for the Leased Premises will apply as a square footage rate for any additional areas added to the Leased Premises. S. Condition of Premises. By entering into possession of the Leased Premises, Tenant acknowledges that except as expressly set forth herein, the leased premises are being leased "as is" in their present condition and state of repair, with no express or implied representations, statements, or warranties by landlord as to physical conditions, quality of construction, workmanship, state or repair, or fitness for any particular purpose, all of which are specifically disclaimed by landlord. Landlord makes no warranties regarding the leased premises' compliance with law. 6. 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 therefore, 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. 7. Use of Premises. The Leased Premises shall be used for operation of a preschool, early childhood programs, and other programs supporting the development of youth, 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 governmental 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 KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 2 of 10 KIB Contract FY27-01 engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein, in such a manner as to cause 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. 8. 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, heating and ventilation, and building use. Special or additional electrical requirements shall be paid for by the tenant. (b) Heat, snow removal for common areas, and sewer and water based on normal building use. (c) Other Utilities: Tenant shall provide, at its expense, trash removal, janitorial services, internet service if desired, pest control if necessary, and all other utilities and services used at the Leased Premises. Landlord shall not be liable for any loss or damage caused by 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 Landlord shall be deemed an eviction of Tenant or relieve Tenant from any obligation hereunder. 9. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in good repair the foundations, exterior walls and grounds, 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, its 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 Tenant that may be occasioned by or through the acts or omissions of persons occupying other portions of the building. KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 3 of 10 KIB Contract FY27-01 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. 10. 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, and 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. 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 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 KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 4 of 10 KIB Contract FY27-01 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. 11. 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. 12. Insurance and Indemnification. (a) Indemnification: Tenant agrees to protect, defend, indemnify and safe 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 Leased Premises, or the condition thereof, during the term of this Lease. Maintenance of insurance as required by this section, shall not relieve Tenant of liability under this indemnity agreement. (b) Tenant Insurance: Tenant shall carry and maintain during the entire term of this Lease, at Tenant's sole cost and expense. Tenant shall provide Landlord with a copy of the signed insurance policies evidencing the insurance coverage required under this section and providing for not less than thirty (30) days' notice to the Landlord of the cancellation of such insurance. Tenant shall insure that the Landlord is listed as an additional insured on the insurance policies. The failure of Tenant to fully comply with the obligations in this Paragraph 13(b) constitutes a material breach of the Lease. The following types of insurance, in amounts specified and, in the form hereinafter provided for and reasonably satisfactory to the Landlord: i. Broad form comprehensive general liability insurance and such insurance shall have annual limits of not less than one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) aggregate with and a deductible of not more than twenty-five thousand dollars ($25,000). ii. Tenant's property insurance, consisting of insurance coverage by separate policy, or endorsement to a policy already carried, upon Tenant's furniture, fixtures, equipment, other personal property and Tenant's leasehold improvements in or on the Leased Premises. iii. Worker's compensation employer liability insurance as required by the Alaska Worker's Compensation Act (AS 23.30). iv. Method of coverage. Tenant's obligation to insure under this section may be provided by appropriate amendment, rider, or endorsement on any blanket policy or policies carried by Tenant. V. Waiver of Subrogation: To the extent permitted by the applicable insurance policies, and to the extent a loss is covered by insurance, Landlord and Tenant waive any subrogated claim against each other. (c) Loss or Damage to Tenant's Property: The Parties hereto agree that the Landlord shall not be responsible to the Tenant for any property loss or damage done to any property owned, leased, or otherwise controlled by the Tenant, occasioned by reason of any fire, storm, water, or other casualty KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 5 of 10 KIB Contract FY27-01 whatsoever. It shall be the Tenant's responsibility to provide its own protection against casualty losses of whatsoever kind or nature, regardless of whether or not such loss is occasioned by the acts or omissions of the Landlord, Tenant, third party, or act of nature. 13. Common Areas and Facilities: All common areas and common facilities in or about the Leased Premises and the building shall be subject to the exclusive control, scheduling and management of Landlord. 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 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. 14. Liens. Tenant will not permit any mechanics', laborers' or materialmen'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 Leased 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. 15. 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: (i) is adjudicated as bankrupt or insolvent; or (ii) has a receiver appointed for all or substantially all of its business or assets on the ground of KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 6 of 10 KIB Contract FY27-01 Tenant's insolvency; or (iii) has itself appointed as a debtor-in-possession; or (iv) 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 (v) 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 Leased 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. 16. 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: Sun'aq Tribe of Kodiak 312 Marine Way Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 17. 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 therefore, 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. 18. 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. KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 7 of 10 KIB Contract FY27-01 19. 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. 20. Inspection and repairs. Landlord, through its authorized employees, agents, contractors, subcontractors, or other representatives, shall have the right, but not the duty, to enter upon the Leased Premises for any or all of the following purposes: (a) Inspection. Landlord may enter the Leased Premises at all reasonable times during Tenant's business hours for the purpose of inspection. (b) Repair. To make repairs and replacements in any case where Landlord is obligated to do so; and in any other case where Landlord, in its reasonable judgment, determines that is it necessary or desirable to do so in order to preserve the structural safety of the premises or the building in which they are located or to correct any condition likely to cause injury or damages to persons or property. (c) 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 3 of this Lease. 21. Notices of Non -responsibility. Landlord may enter the Leased Premises at any time for the purpose of posting notices of non -responsibility. 22. Surrender of Possession or Abandonment. At the expiration or termination of the tenancy created hereunder, whether by lapse of time or otherwise, Tenant agrees to surrender the Leased Premises in as good a condition and repair as received, reasonable wear and tear excepted. Tenant shall promptly remove, and in any event not later than thirty (30) days after relinquishment of possession or demand for removal from Landlord, whichever occurs first, all of Tenant's personal property from the Leased Premises an any fixtures or other improvements or alterations placed on the Leased Premises by Tenant which the Tenant is obligated to remove. In addition thereto, Tenant shall repair any damage occasioned by such removals, at Tenant's expense. Tenant shall not vacate or abandon the Leased Premises at any time during the term of this Lease and, in such event, title to any personal property, fixtures, or other improvements left on the Leased Premises shall be deemed to be vested in Landlord and Tenant shall be deemed to have abandoned, waived, and relinquished all right, title, claim and interest therein to Landlord. 23. Holding Over. This Lease provides for automatic extensions in one-year increments in Section (2)(b). Should Tenant give notice of intent to not renew or give notice to terminate as provided for in this Lease but fail to vacate the Leased Premises on or before the date for vacation of the Leased Premises, the tenancy shall be treated as a month-to-month tenancy commencing on the first day of the holdover period. 24. Signs. Tenant agrees that any sign or signs installed on the Leased Premises shall be with the consent of the Landlord. 25. 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. 26. 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 KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 8 of 10 KIB Contract FY27-01 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 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. 27. 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. 28. 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 shall, at the option of either Party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the Leased Premises shall belong to and be paid to Landlord, and Tenant shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. 29. Subordination and Non -disturbance. This Lease and all of the rights of Tenant 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 Leased Premises or any part thereof (except the property of Tenant and others stated to be removable under paragraph 6 of this Lease), and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust ("encumbrances"). 30. Landlord Reservation of Rights. The rights and privileges granted to Tenant in this Lease are the only rights and privileges herein granted to Tenant; and Tenant has no easements, rights or privileges, express or implied, other than those specifically herein granted by Landlord. 31. Miscellaneous. (a) Disputes Concerning Interpretation: In any dispute between the Parties, the language of this Lease shall, in all cases, be construed as a whole according to its fair meaning and not for or against either the Landlord orthe Tenant. If any provision is found to be ambiguous, the language shall not be construed against either the Landlord or Tenant solely on the basis of which Party drafted the provision. If any word, clause, sentence, or combination thereof for any reason is declared by a court of law or equity to be invalid or unenforceable against one Party or the other, then such finding shall in no way affect the remaining provisions of this Lease. The captions and paragraph headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any paragraph. (b) Authority to Execute the Lease. The undersigned each represent and warrant that they have authority to execute this Lease on behalf of their respective party without any further action or approval from the Party and when executed the Lease will become the binding obligation of that Party subject only to the terms and conditions herein. KIB-Sun'aq Tribe of Kodiak Lease Agreement Page 9 of 10 KIB Contract FY27-01 (c) Survival of Obligations: All obligations of the Landlord and the Tenant, as provided for in this Lease, shall not cease upon the termination of this Lease and shall continue as obligations until fully performed. All clauses of this Lease which require performance beyond the termination date, shall survive the termination date of this lease. (d) Construction of Lease. This Lease shall be governed by and construed in accordance with the laws of the State of Alaska. Any action brought hereunder shall be in the appropriate court for the State of Alaska sitting in Kodiak. (e) Terminology. 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. (e) 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. (f) Entire Agreement. This Lease and the exhibits attached hereto is the complete and exclusive statement of the agreement between the Parties relevant to the purpose described, and supersedes all prior agreements or proposals, oral or written, and all other communications between the Parties related to the subject matter of this Lease. No modification of this Lease will be binding on either Party except as a written addendum signed by an authorized agent of both Parties. 33. Exhibits. Exhibit.A— Diagram of Leased Premises. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals this 1 day of ��N(✓, 2026. TENANT: ti— Jea nine Marsh, Tribal Administ ator LANDLORD: f Vlt(�l Aimee Williams, Borough Manager 1w 2 & KIB-Sun'aq Tribe of Kodiak Lease Agreement KIB Contract FY27-01 ATTEST: ATTEST: lei f *9a Gni Page 10 of 10 ���13KA Outlook Re: Question Regarding ADA Accessibility and Licensing From Jeannine Marsh <Jeanninem@sunaq.org> Date Thu 6/25/2026 4:21 PM To Aimee Williams <awilliams@kodiakak.us> Good Afternoon Aimee, Just following up.. are you ok signing the lease? I would like to process a check for the first months rent but need the invoice and lease signed. Quyanaa, JJ From: Aimee Williams <awilliams@kodiakak.us> Date: Thursday, June 25, 2026 at 11:35 AM To: Jeannine Marsh <Jeanninem@sunaq.org> Subject: Re: Question Regarding ADA Accessibility and Licensing [EXTERNAL EMAIL] CAUTION: Email originated from outside of the Sun'aq organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, JJ. Hope you get enjoy some of this glorious sun! Best, Aimee From: Jeannine Marsh <Jeanninem@sunaq.org> Sent: Thursday, June 25, 2026 11:02 AM To: Aimee Williams <awilliams@kodiakak.us> Subject: FW: Question Regarding ADA Accessibility and Licensing Good Morning Aimee, Forwarding you the communication from April on the ADA access question. Quyanaa, JJ From: April McBride <amcbride@sunaq.org> Date: Thursday, June 25, 2026 at 10:52 AM To: Jeannine Marsh <Jeanninem@sunaq.org> Subject: Re: Question Regarding ADA Accessibility and Licensing No as long as we have access to the front ADA access if needed, they are okay with that. s�►J-1�",,.cG�► April McBride W CHILDCARE ADMINISTRATOR amcbrideesunaq.org 1 907-206-6464 ARE L Aluttingcut Childcare Center 2932 MILL BAY RD, KODIAK, AK 99615 SUNAO.ORG 1 907-531-5009 () SUNAQTRIBE From: Jeannine Marsh <Jeanninem@sunaq.org> Date: Thursday, June 25, 2026 at 8:54 AM To: April McBride <amcbride@sunaq.org> Subject: Re: Question Regarding ADA Accessibility and Licensing Is there anything we need to do for licensing ? From: April McBride <amcbride@sunaq.org> Date: Thursday, June 25, 2026 at 8:47 AM To: Jeannine Marsh <Jeanninem@sunaq.org> Subject: FW: Question Regarding ADA Accessibility and Licensing We don't have the specific entrance information in our handbook and this can be communicated to families who might need ADA access. Hope this is helpful! �►J-1111v,CCA April McBride s� CHILDCARE ADMINISTRATOR amcbrideesunaq.org 1 907-206-6464 qRE G Aluttingcut Childcare Center 2932 MILL BAY RD, KODIAK, AK 99615 SUNAO.ORG 1 907-531-5009 ro SUNAQTRIBE From: Hill, Ashley R (DOH) <ashley.hill@alaska.gov> Date: Thursday, June 25, 2026 at 8:45 AM To: April McBride <amcbride@sunaq.org> Subject: Re: Question Regarding ADA Accessibility and Licensing [EXTERNAL EMAIL) CAUTION: Email originated from outside of the Sun'aq organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello April, I don't see any problem with using the front entrance. If the personnel policies or parent handbook mentions use of the side door exclusively then those policies would need to be updated. Kind regards, Ashley Hill Child Care Licensing Specialist 1 Division of Public Assistance CCPO 13601 C Street, Suite 140 1 Anchorage, AK 99503 Phone: 907-269-2014 http://health.alaska.gov This message may contain confidential information. If you are not the intended recipient you may not use, copy, or disclose to anyone the message or any information contained in the message. If you have received the message in error, please notify the sender and delete the message. From: April McBride <amcbride@sunaq.org> Sent: Wednesday, June 24, 2026 4:09 PM To: Hill, Ashley R (DOH) <ashley.hill@alaska.gov>; Montana Sanchez <montanas@sunaq.org> Subject: Question Regarding ADA Accessibility and Licensing CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, I have a question regarding our planned entrance for the North Star facility. The entrance we are currently planning to use for daily drop-off and pick-up is not ADA accessible. However, we do have access to the building's front entrance, which is ADA compliant and would be available to accommodate any families, visitors, or staff who require accessible access during the course of our lease. Will this arrangement present any concerns with licensing approval, or would it meet licensing requirements given that an ADA -accessible entrance is available when needed? Thank you for your guidance. We want to ensure we are meeting all licensing requirements as we finalize our plans for the new facility. 1uNac April McBride w CHILDCARE ADMINISTRATOR �4'r►i►��,�� amcbrideesunaq.org 907-206-6464 qRE L Aluttingcut Childcare Center 2932 MILL BAY RD, KODIAK, AK 99615 SUNAQ.ORG 1 907-531-5009 SUNAQTRIBE NOTICE OF CONFIDENTIALITY: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution of disclosure by others is strictly prohibited. If you believe that you have received this message in error, please notify the sender and destroy this information.