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KENAI LANDING MARKETPLACE RENTAL AGREEMENT
This Rental Agreement is entered into between Kenai Landing Inc., (An Alaska corporation) Landlord and ________________________ Tenant effective as of day executed and specified below.
TENTANT'S PREMISES:
Landlord grants to Tenant the right to occupy Space No:_________, an area of __________ square feet in the Kenai Landing Market Place Building for the purpose of engaging in the Use and for the Term described below.
USE: The Premises shall be used only for the limited and specific purpose of
_________________________________________________________.
Tenant covenants and agrees that it shall not engage in another Use other than specified here unless specifically agreed to in writing by Landlord.
TERM OF THE RENTAL AGREEMENT:
The term of this agreement shall be for less than one (1) year, more specifically, the period _______________________ (within the calendar year 2004).
RENT: The monthly rent calculation will be:
Space Cost per § per month Total Rent Owed
_____ __________________ ______________
The first month's rent shall be due and payable upon the execution of this Lease. Subsequent rent shall be due and payable on the first day of each month. Rents not paid by the fifth (5th), after notice, shall accrue interest at twelve percent (12%) per annum or the legal rate, whichever is higher.
MAINTENANCE:
Tenant shall be responsible for all interior maintenance of its space, including the storefront and any interior doors or windows
UTILITIES:
Landlord shall be responsible for providing all utilities (electricity, natural gas, water/sewer) that is used in the Premises and the commons. Tenant shall pay Landlord for the utilities provided based on a flat rate of twenty cents ($.20) per square foot per month. For example, if Tenant's Premises is four hundred (400) square feet, Tenant shall pay to Landlord an additional eighty dollars ($80.00) per month.
Tenant may not use or consume electricity or other utilities in aggregate or in demand that is greater than is customary and ordinary to small shop or mercantile type uses. Tenant may not operate powered equipment, electric heaters or other devices or appliances that use electricity other than ordinary office style or retail type sales and merchandise type equipment without the prior written consent of Landlord.
TAXES/INSURANCE:
Landlord shall pay all property taxes and Property insurance for the Building.
Tenant shall provide and pay for the following insurance:
1) General Liability Insurance naming Landlord as an additional insured in an amount not less than $500,000 of coverage.
2) Content and personal property insurance in an amount not less than the value of Tenant's personal property including but not limited to all inventories stored on the Premises.
3) Workmen's compensation insurance in an amount not less than that required by Law.
LIENS AND ENCUMBRANCES:
Tenant shall not permit any liens or any charges or assessments growing out of any act or obligation on the part of Tenant to become effective against the Premises, or any part thereof, during the time of the Lease. Tenant shall indemnify, hold harmless and defend Landlord and the Premises from any such lien or encumbrance caused by Tenant.
SURRENDER UPON TERMINATION:
Upon termination of the Term of this Agreement Tenant shall surrender the Premises to Landlord in as good a condition as it was at the beginning of the term, reasonable use and wear and damages by the elements excepted. Tenant shall vacate the Premises and remove all Tenant's property from the Premises except as noted above prior to surrender to Landlord. If Tenant fails to remove any of its property of any kind from the Premises it shall become the property of Landlord and Tenant's execution of this Agreement shall act as a "Bill of Sale" conveying to Landlord all right and title of property left on the Premises.
INDEMNITY:
Except as provided otherwise herein, Tenant shall agree to protect, indemnify and hold the Landlord harmless from and against any and all claims, demands and causes of action of every kind and character, including without limitation claims by their employees, based on personal injury, death or loss of damage to the Premises arising out of or related to Tenant's occupation therewith, resulting in whole or in part from the negligent acts or omissions of the Tenant , unless caused solely by Landlord's negligence.
SITE ACCESS:
Tenant shall be responsible for determining that any vehicles or equipment requiring access to the site will be able to use the site as is. Landlord shall not be responsible for the special or ordinary needs of Tenant's vehicles or equipment. Tenant shall comply at all times with reasonable parking and vehicle access rules; and other reasonable operating rules. Tenant has inspected the site and accepts it as is.
CONDITION OF PREMISES:
Tenant has inspected the leased area and accepts it as is.
QUIET ENJOYMENT:
Tenant upon paying the rents and performing all of its covenants on its part, shall peaceably and quietly enjoy Premises subject to the Deed of Trust or Mortgage now or hereafter encumbering the Premises to which this Lease is subordinate.
LANDLORD RIGHT OF ENTRY:
Landlord shall, during business hours upon advance notice, be entitled to enter upon the Premises area for the purpose of conducting reasonable inspections. Landlord may enter the Premises at any time for the purpose of conducting emergency repairs or preventing damage to property or taking reasonable actions to remove or mitigate and threat to the health and safety of any persons. Notwithstanding the proceeding Landlord is not obliged to take any actions or assume any greater duty of care to Tenant or any other person by the rights conferred herein.
ENTIRE AGREEMENT:
This Lease constitutes the final and complete agreement between the Landlord and Tenant and no other agreement, warranty, representation or statement not contained in this Lease shall be binding on either party.
HOLDOVER:
If the Tenant shall holdover beyond (14) fourteen days after the expiration of this Lease term, or any extension thereof, such tenancy shall be from month-to-month and subject to all the terms, covenants and conditions of this Lease except that the rent for such holdover month or part thereof will, after written notice to Tenant, be one hundred fifty percent (150%) of the monthly rental provided herein for the last month of the term of the Lease.
COMPLIANCE WITH LAW:
Tenant shall comply with all applicable laws, ordinances and regulations of duly constituted public authorities now elected or hereafter amended in any manner effecting the Premises, whether or not any such laws, ordinances or regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same; provided, however, Tenant shall not be required to expend any money to make any changes (structural or non-structural) to conform the Premises to any changes in such laws, ordinances or regulations. Tenant further agrees it will not permit any unlawful occupations, business or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance or regulation.
NOTICES:
Any notice or demand which, under the terms of this Lease or any statute may or must be given or made by the parties hereto, shall be in writing and given or made by mailing the same by registered or certified mail, addressed to the other party as follows, (phone numbers shall be provided for the efficiency and convenience of the parties but do not substitute for written notice as provided here):
Landlord: Kenai Landing Inc. Tenant: _________________________
2101 Bow Picker Lane _________________________
Kenai, Alaska 99611 _________________________
Either party may, however, designate in writing such new or other address to which such notice or demand shall thereafter be given, made or mailed. Any notice given hereunder by mail shall be deemed delivered when deposited in the United States general or branch post office, enclosed in a registered or certified prepaid wrapper addressed as hereinbefore provided.
MISCELLANEOUS:
This contract and any interpretation of it shall be governed by the laws of the State of Alaska. The rule of contract law favoring interpretation of agreements against the drafter of the agreement shall not apply.
Landlord: Kenai Landing Inc. Tenant: _________________________
By: ____________________________ By: ___________________________
Its: ______________________________ Its: ______________________________
Date: ____________________________ Date:
