This Lease Agreement made this_____ day of_____, 2008, by and between Kinzua Limited, a Pennsylvania
Corporation with mailing address at RR1, Box 1323 K, 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 28, 2008 and ending on September 6, 2008.
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, 2008 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, 2008 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, 2008 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, 2008.
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, 2008. 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.
