This Lease Agreement made this_____ day of_____, 2009, by and between Kinzua Limited, a Pennsylvania Corporation with mailing address at PO Box 395, Clarendon, Pa 16313, hereinafter referred to as "Lessor" and the lndividual(s) whose name(s) and address appear at the bottom of this Lease Agreement, and hereinafter referred to variously as "Lessee".  

NOW THEREFORE, upon consideration of the mutual promises and covenants set forth below, and upon payment to the Lessor by the Lessee of the rental sum set forth herein, the parties hereto do agree as follows:

1.  SLIP OR BUOY IDENTIFICATION.  Lessor hereby leases unto Lessee a certain slip or buoy located within Lessor's premises known as the "Kinzua-Wolf Run Marina" (hereinafter referred to as "Marina") located on the Allegheny Reservoir in Mead Township, Warren County, Pennsylvania. 

2.  TERM.  The term of this lease shall be for a five month period commencing on May 15, 2009 and ending on October 1, 2009. 

a. All slips shall be occupied by June 15th.  In the event the Lessee has the boat out of the dockage for more than one week, he shall notify the Lessor in advance, in which event the Lessor shall have the right to reassign the Lessee's dockage during the Lessee's absence. 

b. If the Lessee's vessel has not been removed from the water by September 15, 2009 the Lessor shall pull the vessel from the marina and store the vessel and bill the Lessee at the prevailing rate for the service rendered including any storage fees. Any boat not removed from the water by the contracted date of Sept. 15, 2009 will be charged $25 per day until the boat is removed. Boats contracted by Kinzua Ltd. for winter storage are exempt from the $25 per day charge. 

3. RENTAL SUM. In return for the dock space referred to above, Lessee shall pay the Lessor on or before March 15, 2009 without further demand. 

4. WATERCRAFT IDENTIFICATION. This lease shall extend exclusively to the Lessee's watercraft which is described opposite Lessee's name and address at the end of this Lease Agreement.

a. The Lessee shall not assign, transfer, convey, sublet, loan or otherwise dispose of the dockage hereby leased without the prior written consent of the Lessor. 

b. All fees paid under the terms of this agreement are for the watercraft described at the end of this Agreement. Any additional watercraft present at the Marina, except dinghies, will be charged the appropriate fee according to the fee schedule in effect at that time.  Dinghies are considered by the Lessor as watercraft less than ten feet in length, equipped with a motor of not more than six horsepower, used for direct transportation between a vessel and shore. 

5. IDENTIFICATION PASSES. A Maximum of two identification passes will be issued to the Lessee to permit admittance to the Marina without the payment of the vehicular use fee. All vehicles without an Identification pass will be charged the vehicular use fee of $4.00. 

6.  CONDITION OF PREMISES.  Dock space shall be kept neat and orderly in including all Fingers and head docks. Carpeting, tires, fire hoses, TV antennas, and like items are not to be permanently attached to the docks. The Lessor may remove and dispose of any items which violate this provision of the Lease Agreement. 

7. The Lessor shall not be responsible for property damage or personal injury to the Lessee, or any other person coming upon the Marina premises at the invitation of the Lessee. The Lessee specifically agrees to protect, indemnify, and hold harmless the Lessor from and against any and all claims, demands and causes of action of any nature whatsoever. 

a.  Lessee warrants that the watercraft described below is insured for liability.  Lessee agrees that he will be held responsible for damage which his vessel may cause, by any means, to other vessels in the Marina or to the Marina structures, equipment or facilities.

b. Lessor assumes no responsibility for any vessel moored in the Marina and will not be liable for fire, theft or damage to Lessee's vessel, its equipment, engines, dinghies, etc., however arising.  Lessor DOES NOT insure Lessee against fire, theft, damage to any other loss or casualty to Lessee's vessel, its equipment, engines, (including outboard engines), dinghies, etc. including trailers and cradles.

8. APPLICABLE LAWS AND REGULATIONS. The Lessee agrees to abide by the rules and regulations of the Marina and to also abide by all applicable Federal, State, and Local laws and ordinances. When rules and regulations relating to public safety have been violated. The Lessor reserves the right to reject any application for a slip and to terminate this contract without prior notice or refund. 

**Specific laws which apply to this lease are described in the attached "Rules and Regulations of Kinzua-Wolf Run Marina" and are incorporated herein by reference.

9.  CANCELLATION BY LESSEE.  A Lessee who cancels his lease shall receive a refund only if and when the Lessor finds a suitable replacement tenant. The refund shall be reduced by a service charge equal to 10% of the total lease amount and shall be proportional to the days remaining in the lease after assumption by the replacement tenant. 

10. CANCELLATION BY LESSOR. If at any time it is considered by the Lessor to be in the best interest of the Marina or its other tenants. Lessor reserves the right, upon ten days notice, to cancel the lease and the tenant shall remove his vessel from the marina before expiration of the ten day notification period. Lessor shall reimburse Lessee for the unused portion of the lease at 1% per day on the number of days between the day the Lessee leaves and September 14, 2009. 

11. SUNKEN VESSEL. In the event any boat or vessel sinks or becomes a hazard to navigation. Lessor shall have the right to recover the same without notice for the purposes of preserving the assets of said boat or vessel, or removing or eliminating said hazard, and shall have a lien upon said boat or vessel for the costs thereof which Lessee agrees to pay in full within 30 days from delivery of a statement thereof, and if so failing to do so Lessor is empowered and authorized to make a sale of said boat or vessel and to apply the proceeds of said sale to any costs, and clear and free title shall pass to the purchaser at any such sale and Lessee covenants and agrees to save and render Lessor or the sale purchaser harmless for any said sale or actions taken pursuant hereto or for purposes hereof. 

12. EMERGENCY.  In an emergency situation, Lessor shall be permitted to move Lessee's unattended boat to a safer location if possible. Provided, however, that Lessor shall not be required to provide this service. In the event such service is provided, Lessee will be billed at Lessor's prevailing rates for the service rendered and Lessee shall be required to pay all costs incurred by Lessor on Lessee's behalf.  Lessee shall indemnify and hold Lessor safe  and harmless from any and all liability, injury, loss or damage caused by or resulting to lessee's boat due to an emergency situation. 

13. RENEWAL OF LEASE. This lease is NOT automatically renewable. However, this tenancy shall give Lessee renewal priority over another applicant for a slip up to March 15, 2009. This lease shall be renewable only by signing a new agreement, and by payment in advance of the appropriate lease fee. 

14. RULES AND REGULATIONS. The attached "Rules and Regulations of Kinzua-Wolf Run Marina" and posted signs are made a part of this lease. Failure by Lessee to observe these rules shall give Lessor the right to terminate the lease on ten days notice, or to refuse to renew the lease. Lessee hereby acknowledges having received and read the below, Rules and Regulations. 

15. CONSTRUCTION. This lease shall be governed exclusively by and under the laws of the Commonwealth of Pennsylvania.

1.   To be admitted to the Marina, the Lessee shall report to the Marina Office to show their current state boat registration and seasonal identification pass. 

2.  Vessels shall be secured in their births in a manner acceptable to the Lessor or the Lessor, after notice to the Lessee, will properly secure the vessel for the Lessee and will charge the Lessee for labor and materials for this work at the standard hourly labor rate. 

3.  Lessee's are welcome to perform service work on their own vessels subject to the following conditions:

a.   That the work is actually performed by the owner, or members of his family, or friends who are not working for pay. (Ref: Item #4)

b.  That the vessel is moved to a designated work area, available only upon prior scheduling and upon payment of the posted fee, for work involving the use of power tools, paint, paint remover, solvent or like substances on any exterior part of the vessel.

c.  That absolutely no paints, thinners, solvents, oils of similar materials, or any sawdust, sanding residue, paint scrapings or the like be spilled, dumped or discharged into the waters of the Marina.

4.  No "outside" contractor or service organizations or individuals will be permitted to undertake any work on vessels in the Marina until they have: 

a.   Provided written authorization from the vessel's owner to enter the vessel and to perform the indicated work.

b.  Obtained permission from the Marina manager to perform such work.

c.   Scheduled and paid for use of a designated work slip.

d.  Arranged with the Marina to have the vessel moved to the designated work slip, if the Marina feels this to be necessary.

e.   Contractor personnel violating this rule will be required to leave.

5.  Boat owners are required not to make references to the Marina when advertising their vessels. This will save both legal and personal embarrassment. 

6.  "For Sale" signs shall not be placed on vessels or anywhere within the marina. Boat owners when selling their boats must accompany prospective buyer when showing the vessel. This is primarily an element of the security precautions which have been recommended to Marina management. 

7.  Advertising or soliciting for private events or groups shall not be conducted in the Marina without the prior written consent of the Marina Operators.

8.  Lessee will report to the Dock Masters Office whenever their vessel is brought into the Marina at the beginning of the season or when the vessel is being removed from the Marina. The Marina reserves the right to place other vessels in a Lessee's slip, only when the boat is removed from the water, and to charge therefore, when the slip is not being used by the Lessee.