APPENDIX
A. RESIDENTIAL TEACHER LEASE
BY THIS AGREEMENT made and entered into on this ______________day of ________________, 2000, between the LOWER KUSKOKWIM SCHOOL DISTRICT, herein referred to as the lessor, and _____________________, the understanding Lessee, subject to the terms and conditions enumerated herein, the premises located in _________________, State of Alaska, and more particularly described as follows:
together with all appurtenances, for a period of ten (10) months, to commence on the ______________day of _____________, 2000, and continuing until the _____________day of ___________, 2000, However, a Lessee wishing to extend this Residential Teacher Lease for the months of June and July for the purpose of storing his or her personal belongings may elect to do so by giving the Lessor written notice of that intent by May 1.
Alternatively, the Lessee may extend this lease agreement for the months of June and July by advising the Lessor by May 1 of his or her election to occupy the premises during those moths.
| 1. RENT | |||
Lessee agrees to pay the Lessor as rent for the ten (10) month period, the sum of $_____________ per month for a total ten (10) month amount of $__________. Lessee agrees to pay by means of payroll deduction in equal installments to start with the ________________ paycheck. A Lessee who elects to retain a unit for the months of June and July to store his or her personal belongings shall pay additional rent in the amount of $300.00. The $300.00 amount shall be paid no later than May 1, either directly by the Lessee or by authorized payroll deduction. Lessees who elect to occupy the leased premises during the months of June and July shall pay, by May 1, either directly or by payroll deduction, the monthly rent set forth above for each of those two months. However, a Lessee who has elected the option of twelve (12) monthly paychecks and who notifies the payroll office in writing by April 30 that he/she elects to occupy the leased premises during the months of June and July shall have rent deducted from the July paycheck for occupancy in June and from the August paycheck for occupancy in July. | |||
| 2. LEASE TERMINATIONS: | |||
If a Lessee should at any time be dismissed from the service of Lessor, be transferred to another site during the term of this lease, be non-retained, or voluntarily quit the service of Lessor. Lessor shall have the right to terminate this lease and reenter upon, and take possession of, said premises upon ten (10) days written notice to vacate said premises either given to the Lessee in person by leaving a copy of such notice upon the premises, or by mailing a copy to the Lessee at the address for the premises, or at such other address provided by Lessee in writing to Lessor. Upon such termination of the lease, subject to the other provisions of this lease and if rent has been collected beyond that date, it shall be refunded to the Lessee provided he/she vacates said premises according to the written notice. | |||
| 3. SECURITY FOR DAMAGE/CLEANING: | |||
Lessor shall deduct from Lessee's paychecks the actual cost of replacement, repair, cleaning of the unit, or damages to the premises resulting from the following: | |||
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When Lessee will be receiving his or her final paycheck, prior to the end of the lease term, the Lessor shall deduct $300.00 as a security deposit from the Lessee's departure for damage and cleaning listed above which may signal the right to retain all or part of the deposit. If the deposit is less than the actual cost of replacement or repair, the deposit shall be credited against the actual cost of replacement, repair or cleaning owed by the Lessee. As used herein, the term "Lessee" shall include not only the individual or individuals signing this Lease Agreement, but also all children, relatives, agents, guests, and others who are knowingly permitted by the undersigned Lessee to engage in any of the actions, or failures to act, described in this paragraph, or who are present on the premises under Lessee's actual or implied consent. However, where Lessee accommodates Lessor by allowing school district employees, job applicants, or other guests or invitees, shelter at the premises, the Lessee shall not be responsible for any damage caused by such school district guests or invitee. | |||
| 4. ALTERATIONS AND IMPROVEMENTS: | |||
Lessee shall not make alterations to the buildings and appurtenances on the leased premises or construct any building or make other improvements on the leased premises without the prior written consent of the Lessor. All alterations, changes and improvements built, constructed, or placed on the leased premises and movable personal property shall, unless otherwise provided by another written agreement between Lessor and Lessee, become the property of the Lessor at no cost to Lessor and remain on the leased premises at the termination of the lease. | |||
| 5. DESTRUCTION OF PREMISES: | |||
In the event that the leased premises, or any part thereof, shall be rendered untenantable by fire, snow, storm, or other casualty or deterioration not the fault of the Lessee, the lease agreement at the option of the Lessor, may terminate for that part of the premises rendered untenantable. If the premises are rendered untenantable by any action or omission of the Lessee, Lessee's obligation to pay rent shall continue. However Lessor shall, where available, place Lessee in suitable alternate housing. In lieu of terminating this lease in whole or in part because all or part of the premises are rendered untenantable by fire, snow, storm or other casualty or deterioration, Lessor may, at it's option but without prejudice to it's other remedies, repair the premises which are temporarily untenantable or for the period of time when the entire premises are untenantable. | |||
| 6. UTILITIES: | |||
Lessor will pay for water, sewer, gas or other fuel, and electricity required on the premises except the utilities shall not be provided during the summer months if provision of such utilities is dependent upon the operation of the school plant or the employment of persons normally on vacation. | |||
| 7. STATUES, ORDINANCES, ETC.: | |||
Lessee shall comply with all applicable statues, ordinances, rules, orders, regulations and requirements of Federal, State and local governments relating to the premises. | |||
| 8. EMERGENCY REPAIRS: | |||
In the event of sudden damage or leaking of the roof, breaking or cracking of windows or doors, bursting or leaking of water pipes, or water heaters or any other sudden emergency which renders the leased premises or it's contents or occupants liable to immanent harm or other damage or destruction, Lessee shall promptly make all repairs reasonably necessary and possible to prevent future damage, destruction or injury to the leased premises, contents therein or occupants thereof. However, where Lessee is not competent by dint or lack of experience, training, proper equipment, or physical ability, Lessee is required to do only what he/she reasonably can to retard damage to the premises. Once done, Lessor is responsible to provide suitable competent persons and necessary material and equipment at the earliest possible time to reconstruct the damaged premises providing the damage has not rendered the premises untenantable. (See Paragraph 5). | |||
| 9. USE OF PREMISES: | |||
Lessee agrees that the leased premises are to be used primarily for residential purposes and incidentally for activity related to Lessee's performance of his/her employment obligations with Lessor. Lessee may not use the premises as a retail or wholesale location for goods and/or services. However, nothing here is intended to limit Lessee's conduct of hobbies or other activities which do not result in abusive use of the premises. | |||
| 10. APPLICATION OF LEASE: | |||
This lease applies regardless of whether the leased premises are owned by the Lessor or leased by the Lessor from other entities. | |||
| 11. CONDITION OF PREMISES AND FURNISHINGS: | |||
Lessee hereby acknowledges receipt and acceptance of the leased premises with the particular items of furniture and appliances contained therein. Lessee further acknowledges that he/she has examined the premises and said furniture and appliances in good order and condition except as noted on attached Exhibit "A". At the termination of this lease, Lessee will yield to Lessor the premises and all such furniture and appliances in as good order and condition as at the date of this lease, ordinary wear and tear expected, and extraordinary loss due to fire, storm, and other causes beyond the Lessee's control excepted. Lessee shall neither remove, nor permit to be removed, any of said furniture or appliances to be exposed to the weather. At the termination of the lease and any renewals thereof, the Lessor shall indicate in writing on Exhibit "A" it's acceptance or rejection of Lessee's representation that furniture and appliances are returned in as good order and condition as at the date of this lease, ordinary wear and tear excepted and extraordinary loss due to fire, storm, and other causes beyond the Lessee's control excepted. Any rejection of that representation will be fully explained thereon. | |||
| 12. INSURANCE: | |||
Lessee may, at his or her option, maintain fire, hazard, theft or other insurance on Lessee's personal belongings kept in or upon the leased premises. Lessor shall not act as insurer of Lessee's personal property kept in or upon the leased premises. However, if loss of Lessee's goods is due to negligence of Lessor either in its duty to provide a safe and habitable dwelling or as a result of acts of commission or omission of its agents, employees, guests, or invitees, Lessee excepted, Lessor shall be responsible. | |||
13. ACCESS: | |||
The Lessee shall not unreasonably withhold consent to the Lessor or it's agents to enter into or upon the leases premises at reasonable times and in a reasonable unobtrusive manner in order to inspect the premises, make necessary or agreed repairs, alterations, improvements, supplies necessary or actual purchases, mortgages, tenants, workmen or contractors. The Lessor or its agents may enter into the leased premises without the consent of the Lessee in case of emergency. | |||
| 14. EXTENDED ABSENCE: | |||
The Lessee shall notify the local unit administrator of any anticipated, extended absence by the Lessee from the premises in excess of seven (7) days. Said notice shall be in writing delivered prior to the beginning of the absence. | |||
| 15. CONDEMNATION: | |||
If the leased property, or any part thereof, is taken by eminent domain, this lease shall expire on the date when the leased premises shall be so taken, and the rent shall be apportioned as of that date. No part of any condemnation award shall belong to the Lessee. | |||
| 16. JOINT AND SEVERAL OBLIGATION: | |||
If more than one person is the Lessee of the premises, or if more than one person occupies the leased premises even though not all occupants have signed this lease, the undersigned Lessees shall be jointly and severally liable for all damages and rent unless a defaulting occupant is an employee of Lessor in which case the non-defaulting tenant shall be responsible only for his/her proportionate part of the rent and only for damages he/she actually caused, or knowingly permitted. | |||
| 17. NOTICE: | |||
All notices required to be given by Lessee to Lessor pursuant to this agreement or law, shall be delivered or mailed, postage prepaid, to the Lower Kuskokwim School District, Attention: Superintendent, unless Lessor notifies Lessee in writing of another address to be used. All notices required to be given by Lessor to Lessee may be delivered or mailed to Lessee at the leased premises described herein, and any such delivery or mailing to the Lessee at the leased premises shall constitute sufficient notice to the Lessee unless Lessee has previously provided a written notice to the Lessor of a different address for Lessee's receipt of notice. | |||
| 18. WAIVER: | |||
Neither the acceptance of rent nor any other act or of any event which would enable Lessor to cancel this lease, or declare Lessee's interest hereunder for feited, shall operate as a waiver of any past or future violation, breach or failure to keep or perform any covenant, agreement, term or condition hereof or to deprive Lessor of his/her right to cancel or terminate this lease at any time that cause for cancellation or termination may exist or be construed so as to at any future time, estop Lessor from promptly exercising any other option, right, or remedy that it may have under any term or provision of this lease. | |||
| 19. RENT REDUCTION: | |||
| Rents for single Lesses with no dependents will be reduced by ten percent (10 %). For Lessees who have elected to occupy the leased premises during the months of June and July, the monthly rent will be reduced for those months by twenty-five percent (25 %) if electricity is not provided by the District (Where applicable), and by twenty-five percent (25 %) if water and sewer is not provided by the District (where applicable), to a maximum monthly reduction of fifty percent (50 %). | |||
| 20. SUBLEASE AND ASSIGNMENT: | |||
| Lessee shall not sublet or assign the premises for any reason. DATED THIS _________________ DAY OF __________________ , 2000, AT__________________________, ALASKA. | |||
| ______________________________ | ___________________________ | ||
| LESSOR | LESSEE | ||
LKNEA (Representing the Teachers) Negotiated Agreement Table of Contents