LEASE AMENDMENT
To Rental Agreement between
Kenai Peninsula Borough and
Funny River Emergency Services
THIS AMENDS that certain rental agreement entered into by and between Funny River Emergency Services (Lessor) and the Kenai Peninsula Borough (Lessee) on October 7, 2003 (original agreement).
A. Lease Terms Amended. The following provisions of the original agreement are hereby amended as follows:
1. Premises and Term. Lessor, for and in consideration of the rents, covenants, and conditions hereinafter specified to be paid, by lessee, does hereby lease to lessee, the real estate located in the Kenai Recording District, Third Judicial District, State of Alaska, more particularly described as follows:
800 square feet of space in the Funny River Fire Department and Disaster Relief Building located on Lot 5 Salmon Bend Subdivision, FRVFD Addition, According to Plat No. 2002-24, Kenai Recording District, within Section 17, Township 5 North, Range 8 West, Seward Meridian, Alaska.
for the purpose of storing, maintaining and operating a medic unit stationing Funny River area operations of the Central Emergency Service Area.
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2. Term. The term of this rental agreement commences on the 15th day of October, 2003, through and including the 15th day of December, 2007, unless sooner terminated as herein provided and is subject to the option to extend purchase as provided in paragraph 13.
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8. Liability and insurance. Each party shall be responsible and liable for its own acts and omissions under this rental agreement and shall carry insurance adequate to protect its interest. Lessee shall carry hazard insurance for the facilities commonly known as the Funny River Fire Department and Disaster Relief Building located at 32530 Funny River Road and shall carry adequate liability insurance to protect its own interests.
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13. Renewal. This rental agreement shall automatically renew for an additional period of one year per renewal term on the same term as this rental agreement, unless either party gives written notice of the termination no later than 60 days prior to the end of the term of renewal term.
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13. Option to Purchase. Lessee has the option to purchase, for one dollar ($1.00), all rights, title and interest in the real property located in the Kenai Recording District, Third Judicial District, State of Alaska, more particularly described as follows:
Lot 5 Salmon Bend Subdivision, FRVFD Addition, According to Plat No. 2002-24, Kenai Recording District, within Section 17, Township 5 North, Range 8 West, Seward Meridian, Alaska.
Lessee agrees not to exercise its option to purchase until such time as Lessor has expended existing available and approved grant monies in the total amount of $__________, or until the last day of the lease, whichever comes first. Lessor agrees to notify Lessee within ten days of the date it has expended the grant monies.
No prepaid rents will be refunded to the lessee as a result of exercising this option to purchase.
Lessee shall be responsible for all closing costs including title insurance, building and environmental inspections, and recording fees. The option to purchase, under the terms set forth herein, may be exercised at any time after existing grant funds have been expended by FRES as described above, by delivery of a written notice by the Lessee to Lessor. Upon execution of the option to purchase, Funny River Emergency Services, Inc shall deliver to purchaser title by warranty deed.
B. Original terms in effect.
All other terms and conditions of the above-referenced rental agreement are not affected by this amendment, and remain in full force and effect.
C. Original agreement incorporated.
This amendment is hereby incorporated into and made a part of the above-referenced lease agreement.
D. Conflicts.
If there should be a conflict between the provisions of this amendment and the original lease, the terms of this amendment control.
E. Warranty of signature authority.
Each party warrants that the signature below has the authority to enter into and execute this agreement.
F. No Third-Party Beneficiary.
This agreement is intended solely for the benefit of each party hereto. Nothing contained herein shall be construed or deemed to confer any benefit or right upon any third party.
Dated this ___________ day of __________________, 2005.
KENAI PENINSULA BOROUGH: FUNNY RIVER EMERGENCY SERVICES:
_________________________________ ______________________________
Dale L. Bagley, Mayor Danny High, President
Dated: _____________ Dated: _______________
______________________________
Rosemary Galloway, Secretary
Dated: _______________
ATTEST: APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
_______________________ ______________________________
Sherry Biggs, Holly B Montague,
Borough Clerk Assistant Borough Attorney
NOTARY ACKNOWLEDGMENT
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ________day of
_______________________, 2005, by Dale Bagley, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation.
_______________________________
Notary Public in and for Alaska
My commission expires: ___________
NOTARY ACKNOWLEDGMENT
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ________day of
_______________________, 2005, by Danny High, President of Funny River Emergency Services for and on behalf of the corporation.
______________________________
Notary Public in and for Alaska
My commission expires: __________
NOTARY ACKNOWLEDGMENT
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ________day of
_______________________, 2005, by Rosemary Galloway, Secretary of Funny River Emergency Services for and on behalf of the corporation.
______________________________
Notary Public in and for Alaska
My commission expires: __________