Rental Leases Effective Dates: February 24, 2006 - April 30, 2005 all or partHold
over days at $35/day per unit through approx May 5
Lessee
(Renter): Valdez Heli-ski Guides (Scott
Raynor and Douglas Workman company)
First unit - #3 of 115 Foraker occupants: Doug Workman, Eric Henderson, Jeff Zell Second unit - #4 of 115 Foraker occupants Scott Raynor, Carey Ballard, Don Sharaf
3rd unit - 165 VMHP Occupants: Pilots: Angus Gibson, Drew Rose; Mechanic: TBD Lessor:
(Landlord): Ron & Diann Hursh c/o Hursh & Assoc., Realtors, Box
233 Personally owned and managed rental Contact 835-3135 or 831-1000 See Rental Terms for apts & for 165 VMHP Lessee has physically inspected and had adequate opportunity to have its own experts examine the Premises and is fully informed of their condition, location, zoning, and suitability for the purpose leased: Single family residence only with no business use allowed. Lessor, in consideration of the rents, covenants, and agreements set out herein to be paid, kept, and performed by Lessee, hereby leases to Lessee, and Lessee hereby rents from Lessor the above described Premises per terms outlined. Possession on February 24, 2006 or thereafter. Upon surrender of the Premises if there be a default in the terms and provisions hereof, Lessee shall surrender all keys for said Premises. Parties occupying rentals agree to terms of use. USE OF PREMISES: The Premises leased hereunder shall be used as a single-family residence by Lessee and for no other purpose whatsoever. Occupancy is limited to the Lesssees named above See Exhibit A for Term, Deposit, Rental amounts and when due - Which is considered part of this agreement by reference. Plus electricity for all units; plus oil and propane in mobile. See Exhibit B for Occupancy guidelines & terms of use: snow removal, garbage, etc 14.
INSPECTION:
Lessor, or its representatives, shall have the right to enter
the Premises at all reasonable hours to examine the same, or to make
such alterations and repairs as may be deemed necessary for the
maintenance, safety, or preservation of the building, as well as to
post any statutory notices of non-responsibility.
If access is denied, Tenant/Lessee will be obligated for one
and one-half times the amount of actual damages, including where a
future tenant is lost or damages occur due to lack of access to unit.
Please give notice in winter of any absence 7 days or longer.
Keep water running in unit during periods of high winds or
absence. 16.
DESTRUCTION:
If the Premises shall be destroyed or so damaged by fire or
other casualty as to become uninhabitable or unfit for occupancy
thereof by the Tenant/Lessee, without fault on the part of the
Tenant/Lessee, either Lessor or Lessee
may, at its option, terminate this Lease.
Nothing in this clause, however, shall be so construed as a
release of or from liability, either under this Lease or otherwise,
shall be partial only or in the event the loss or damage to the
property shall be caused by the carelessness, negligence or improper
conduct of the Tenant/Lessee, his agents, servants, guests, or
invitees, and in such case, Tenant/Lessee shall be liable for the full
amount of rent herein reserved and in addition thereto, for all
damages that Landlord/Lessor may suffer thereby. 17.
DEFAULT/SURRENDER: (a)
Default.
If Tenant/Lessee shall violate or omit to perform any of the
covenants or conditions herein contained, or if the Premises shall
become vacant or be abandoned or deserted by Tenant/Lessee for Five
(5) successive days without written notice to Landlord/Lessor,
Landlord/Lessor may terminate this Lease by giving Tenant/Lessee
a single notice addressed to or posted upon the Premises and
this Lease shall terminate Five (5) days after said notice is mailed
to Tenant at the address above, postage prepaid, posted on the
Premises, or personally delivered.
(c)
Re-Entry.
If Tenant/Lessee defaults in its obligations hereunder,
Landlord or its agents may re-enter the Premises for purposes of
protecting them without being liable to any prosecution therefore. (d)
Surrender.
Tenant/Lessee covenants and agrees that at the expiration of
this Lease, either by lapse of time or by termination for default,
they will quit and surrender said Premises quietly and peaceably to
Landlord/Lessor or their agents and return all keys. (e)
Suit for Possession.
Notice of termination of lease and any statutory notice
pursuant to AS 09.45.060-160 shall run concurrently.
Tenants consent to the use of a summary eviction procedure in
Court under AS.09.060. Notice
of termination of Lease may,
at Landlord/Lessor’s option, be coupled with a Notice to Quit.
The rights and obligations of the parties shall otherwise be
governed by the Alaska Landlord-Tenant Act, A.S. 34.03 et seq.
However, parties agree that any disagreements shall first be
mediated. 18.
HOLDOVER.
Holdover by Tenant after termination of this Lease for any
reason shall be as a day-to-day tenant with a rent of $40 per day in
winter (or $50 per day in summer), plus the other Tenant obligations
hereunder. (Or if last
month is only a portion of a month, the holdover rate applies when
settling rent due.) Or in the alternative, this formula may be used
for determining a portion of a month’s rent: 19.
QUIET ENJOYMENT:
Upon the payment of the rent above specified and the performance
of the covenants to be kept and performed by Tenant/Lessee,
Tenant/Lessee shall peaceably and quietly enjoy the Premises during the
full term herein specified. 20.
WAIVER AND TIME OF THE ESSENCE:
No waiver or assent, express or implied, by Lessor to any breach
of any of Lessee/Tenant’s covenants or agreements shall be deemed to
be or taken to be a waiver of any succeeding breach.
Time is of the essence for the performance of the terms and
conditions and covenants of this Lease.
22.
MODIFICATION:
No modification of this Lease shall be binding upon the parties
hereto unless the same shall be in writing signed by both parties 23.
ENTIRE AGREEMENT:
This Agreement contains the entire agreement between the parties.
If any provision of this Agreement or the application thereof
shall, to any extent, be invalid or unenforceable, the remainder of this
agreement, or the circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected thereby and shall remain
valid and enforceable. 24.
BINDING AND LAW APPLICABLE:
Each and every clause and provision herein contained shall be
binding and upon and inure to the benefit of the heirs, personal
representatives and permitted assigns and subtenants of the respective
parties hereto. The terms and
provisions of the Lease herein contained shall be construed according to
the laws of the State of Alaska. Venue
of any dispute shall be at Valdez, Alaska. IN
WITNESS WHEREOF, the parties have hereunto set their hands on the ______
day of _______________, 2006 LESSOR/LANDLORD:____________________________
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Exhibit Bs: http://www.valdezlink.com/re/useofpremises-165vmhp06.htm
http://www.valdezlink.com/re/useofpremises-apt3-4of115-2006.htm