Rocklawn
Realty Corporation
1. PARTIES:
In consideration of
the mutual promises, obligations and agreements herein set forth, the parties
hereto agree:
Rocklawn Realty
Corporation
Lawrence J. Gomes,
President
10 Old Flanders
Road
Westborough,
Massachusetts 01581
508-366-1172
hereinafter called
“Landlord”, hereby leases to:
Name1: _____________________________ Name2: __________________________
Address:
_____________________________
__________________________
_____________________________
__________________________
City, State, Zip: _____________________________
__________________________
Phone:
_____________________________
__________________________
herein after called
“Tenant”, who is at least 21 years of age.
2. LEASED PREMISES:
Tenant hereby hires
from Landlord, the Leased Premises consist of the land and the buildings owned
by Rocklawn Realty Corporation, currently known as Two Lakes Lodge (the Lodge),
104 Kelly Road, Stark, Coos County, New Hampshire, 03582.
3. TERM
This lease shall be
for a term of ___ nights/___days, beginning at 3:00pm on
______________________, 20____ and ending at 10:00am on ______________________,
20____.
4. RENT
Tenant agrees to
pay rent for the term listed above in the amount of $__________, payment of an
9% New Hampshire Occupancy Tax in the amount of $__________, and payment of a
security deposit in the amount of
$500.00. Payment of the security
deposit must be made immediately upon making a reservation at the Lodge. Full payment of the remaining amounts must
be made no later than 21 days prior to Tenants arrival at the Lodge. If full payment is not received on time, the
Tenant shall be deemed to have cancelled his reservation and the security
deposit will be forfeited.
5. CANCELLATION
Tenant may cancel
their reservation at any time, but the security deposit will be forfeited. Landlord agrees to refund the Tenant’s
security deposit only if another Tenant for the lease period can be found using
reasonable efforts in a customary manner.
6. CLEANLINESS
Tenant shall keep
the Lodge in a clean condition. Tenant
shall be responsible for bagging all garbage and storing it in receptacles
provided. Food or garbage must not be
left outside or it may attract animals. Tenant shall not permit the Lodge to be
overloaded, damaged, stripped or defaced, nor suffer any waste, and shall not
mount signs or write on any surface of the interior or exterior of the
Lodge. The toilets and pipes shall not
be used for any purpose other than those for which they were constructed. Tenant is responsible for cleaning the Lodge
prior to leaving, including all dishes, pans, utensils, sinks, countertops and
bathrooms that are utilized during their stay.
Floors carpets and rugs should be vacuumed using central vacuum system
provided by Landlord. Tenant should
leave all linens and towels used their stay in the laundry room so Landlord can
wash them.
7. PETS
No dogs, cats,
birds or other animals or pets shall be kept in or around Two Lakes Lodge. Please note this is for the protection of
your pets as well as the protection of the Lodge. Since the Lodge is located within the boundary of the White
Mountain National Forest, encounters with wild animals such as bear, deer,
moose and other animals is commonplace.
Tenant agrees to exercise suitable caution around wild animals and
hereby indemnifies and holds Landlord harmless from all claims arising out of
contact with such animals.
8. SMOKING
No smoking is
permitted inside Two Lakes Lodge. If
Tenant smokes outside of the Lodge, they must responsibly dispose of cigarette
butts by putting them out on a dirt surface, douse them with water and dispose
of them in the garbage. Please Note:
Two Lakes Lodge is located in the middle of a National Forest and discarding
cigarette butts carelessly could easily start a forest fire. Any cigarette
butts found on the premises will automatically invoke a special $100 cleanup
fee.
9. GROUNDS
Tenant shall not
cut any trees, dig out or remove dirt, rocks or sand. Tenant agrees not to put any foreign objects into the lake
including sticks, stones, leaves, trash or pollutants of any kind. Tenant also
agrees not to pour any fluids other than water on the grounds in and around Two
Lakes Lodge. Landlord shall be responsible for normal grounds maintenance
during the Term of this lease including grass cutting and trimming. Landlord will also be responsible for snow
removal from the road, driveway and turnaround area. Tenant agrees to allow
access for grounds maintenance and snow removal during their stay. Please note
that the Lodge is located in a deep woods area and buildups of ice and snow are
common during the winter. Tenant will be responsible for snow removal from the
front walkway, front porch and front steps.
Sand and salt will be provided by Landlord but must be applied by Tenant
to the front walkway, front porch, front steps, driveway and any other area as
Tenant deems necessary for safe travel.
Tenant agrees to exercise suitable caution during inclement weather and
hold Landlord harmless from all claims arising out of the use of the Lodge and
its grounds during inclement weather.
10. OUTDOOR BURNING
New Hampshire law
does not permit outdoor burning without a fire permit. Kindling a fire in
NH without a fire permit is a misdemeanor, punishable by up to a $2,000.00 fine
and/or a year in jail and you may be subject to pay all suppression costs &
damages done by the fire. If you want
to cook outdoors, then 1) You must use a charcoal or gas grill up off of
the ground. 2) Water should be
available on site to extinguish any inadvertent fire if necessary. 3) The
charcoal must be completely extinguished & disposed of in a safe
manner. Two Lakes Lodge supplies an
outdoor grill on the upper deck for outdoor cooking and water-based fire
extinguishers that meet New Hampshire fire regulations are stored in the Lodge
on the upper and lower levels. Tenant
agrees to use any outdoor cooking equipment in a safe manner hereby indemnifies
and holds Landlord harmless from all claims arising out of use of outdoor cooking
equipment.
11. WOOD STOVE AND FIREPLACE
The Lodge comes
equipped with a pellet stove and wood-burning fireplace. Tenant is not
permitted to operate either of these devices without the written permission of
Landlord. Permission to operate these
devices will only be given after Tenant has received training on the operation
of these devices and only when Forest Fire danger is low (generally late fall
through early spring). After Tenant receives written permission, Tenant agrees
to use the pellet stove and fireplace in a safe manner hereby indemnifies and
holds Landlord harmless from all claims arising out of use of these devices.
12. HUNTING AND FISHING
New Hampshire law
requires licenses for hunting and fishing.
Tenant agrees to obtain the appropriate licenses before engaging in
hunting and fishing while staying at Two Lakes Lodge. Tenant also agrees to provide locks for all firearms and any
other hunting and fishing instruments that are brought with them during their
stay at the Lodge. Tenant agrees to exercise all due care and caution while
using hunting or fishing instruments and hereby indemnifies and holds Landlord
harmless from all claims arising out of use of such instruments.
13. WATER ACCESS
Two Lakes Lodge
abuts a body of water known as North Pond with facilities for boating and
swimming. Tenant agrees to use life
jackets at all times and to exercise all due care and caution while using any
boats provided by Two Lakes Lodge.
Tenant agrees to use boats provided by Two Lakes Lodge only during
daylight hours, since none of the boats are equipped for nighttime use. Tenant acknowledges that all swimming and
boating facilities provided by Two Lakes Lodge are not manned by lifeguards and
any swimming or boating is done at the Tenant’s own risk. Tenant hereby indemnifies and holds Landlord
harmless from all claims arising out of use of water access equipment and
swimming and boating facilities provided by Two Lakes Lodge.
14. GENERATOR
The Lodge comes
equipped with a backup generator. The generator
will automatically start in the event of a power failure. The generator will also exercise itself
periodically. Tenant agrees to keep all persons and items away from the
generator at all times since severe injury can result from electrical shock or
moving parts.
Tenant understands
and agrees that it shall be Tenant’s own obligation to insure Tenant’s personal
property.
16. COMPLIANCE WITH LAWS
Tenant shall not
make or permit any use of Two Lakes Lodge which will be unlawful, improper, or
contrary to any applicable law or municipal ordinance (including without
limitation all zoning, building or sanitary statutes, codes, rules,
regulations, or ordinances), or which will make voidable or increase the cost
of any insurance maintained on Two Lakes Lodge by the Landlord.
17. ADDITIONS OR ALTERATIONS
Tenant shall not
make any temporary or permanent additions or alterations to the Leased Premises
including the installation of any type of fasteners such as nails, screws,
staples or tape.
18. SUBLETTING/NUMBER OF OCCUPANTS
Tenant shall not
assign or sublet any part of the whole of Two Lakes Lodge, nor shall tenant
permit Two Lakes Lodge to be occupied by any more than 12 people. The name, address and age of each occupant
shall be provided to Landlord using Addendum A.
19. ENTRY, KEYS AND LOCKS
All entry to the
Lodge will be via electronic keypad.
Locks shall not be changed, altered, or replaced nor shall Tenant add
new locks. Tenant is prohibited from obtaining or making passkeys that will
allow access into the lodge via keyed locks.
Tenant agrees to lock the Lodge when leaving and to engage the security
system. Tenant shall permit Landlord to
enter Two Lakes Lodge if there has been a security breach or system failure
detected by the Lodge monitoring system.
Landlord shall also be entitled to enter Two Lakes Lodge if it appears
to have been abandoned by Tenant or otherwise, as permitted by law. Any person entitled to enter Two Lakes Lodge
in accordance with this Paragraph may do so through a duly authorized
representative. Wherever possible,
Tenant shall be informed in advance of any proposed entry hereunder.
20. ROAD ACCESS
Access to Two Lakes
Lodge is via a combination of Federal and private roads. Tenant assumes all risk when entering or
leaving the premises via these roadways, since washouts, fallen trees or
excessive snowfall may block access. In
the event of a road problem, Tenant should notify Landlord immediately and
Landlord will attempt to get the problem rectified as soon as possible. Tenant
also agrees to drive in and out of the Lodge at speeds of no more than
20mph. Please note that driving slowly
in the summer is required to keep the road dust down and shows respect for the
neighbors who live along the access road.
21. PARKING
Two Lakes Lodge has
parking facilities for a total of 4 vehicles.
Each towed trailer is considered as one vehicle and a motor home is
considered as two vehicles. Parking
spaces are allocated as follows: main driveway and/or upper level garage = 2
spaces, driveway North of Lodge = 1 space, parking area South of Lodge = 1
space. The parking area South of the
Lodge is also used by other residents on the street as a turn-around area, so
there must be enough room for cars to turn around there at all times. At no time should cars be parked on the any
of the grass areas around the Lodge or on adjacent National Forest property.
22. SNOWMOBILE AND ATV ACCESS
Two Lakes Lodge has approved trail access for snowmobiles leaving from the Lodge via a short connector trail to Primary Trail 109. Snowmobiles are also permitted on the two lakes in front of the Lodge. There is no trail access for ATV’s because the adjacent trail system is on National Forest property that strictly prohibits ATV access. Also the roads in and around the Lodge are private roads that also do not permit ATV access. The nearest trails that accommodate ATV’s are located 12 miles away at Jericho Mountain Park in Berlin, NH, due east of the Lodge on NH Rt. 110.
23. DAMAGE AND REPAIRS
It is the Tenants
responsibility to maintain Two Lakes Lodge and all equipment and fixtures therein
in good working order and in the same condition as at the beginning of the Term
of this Lease.
Tenant shall
immediately notify Landlord in the event of an equipment failure, security
breach, fire accident or any other damage that is not considered ordinary wear
and tear. Landlord will make arrangements for repairs and may charge repair
expenses to Tenant if the damage was caused by Tenant negligence (damage
expenses). The Tenant’s security
deposit of $500.00 will be applied to damage expenses and any damage expenses
in excess of $500.00 will be immediately due and payable by Tenant upon
presentation of the bill. Tenant agrees
to pay interest in the amount of 1.5% per month on any outstanding damage
expenses not paid within 7 days of presentation of the bill.
24. LOSS OR INJURY
Tenant shall
indemnify Landlord against all liabilities, damages and other expenses,
including reasonable attorney’s fees, which may be imposed upon, incurred by,
or asserted against Landlord by reason of (a) any failure on the part of Tenant
to perform or comply with any covenant required to be performed or complied
with by Tenant under this Lease, or (b) any injury to person or loss of or
misconduct of any person associated with Tenant whomsoever, other than
Landlord.
25. CASUALTY AND EMINENT DOMAIN
Should a portion of
Two Lakes Lodge be substantially damaged by fire or other casualty, or if Two
Lakes Lodge or any part thereof, shall be taken for any purpose by exercise of
the power of eminent domain or condemnation or shall receive any direct or
consequential damage for which Landlord or Tenant shall be entitled to
compensation by reason of anything lawfully done in pursuance of any public
authority, then this Lease shall terminate at the option of Landlord or Tenant. If this Lease is so terminated, then a just
a proportionate abatement of rent shall be made.
26. DEFAULT
If Tenant shall
fail to comply with any lawful term, condition, covenant, obligation, or
agreement expressed herein or implied hereunder of if Two Lakes Lodge appear to
be abandoned, then Landlord may (subject to Tenant’s rights under applicable
law) terminate this Lease and recover possession of Two Lakes Lodge without
prejudice to any remedies which might otherwise be used for arrears of rent or
proceeding breach of any of the said terms, conditions, covenants, obligations
or agreements.
27. SURRENDER
Upon the
termination of this Lease, Tenant shall deliver up Two Lakes Lodge in as good
order and condition as the same were in at the commencement of the Term,
reasonable and ordinary wear and tear excepted. The Lodge must be vacated by 10:00am on the last day of the lease
or it can severely hamper the efforts of the Landlord to prepare the Lodge for
arriving guests. If Tenant leaves later
than the 10:00am checkout time, an additional late fee of a $200.00 may be
assessed to defray the additional costs of getting the Lodge prepared for
arriving guests in a shorter time frame.
28. LIABILITY
Tenant is solely
responsible for supervising events and activities at the Lodge and in the
surrounding area. Landlord shall not be
held liable to anyone under any term, condition, obligation or agreement
expressed herein or implied hereunder or for any claim of damage or cause at
law or in equity arising out of the occupancy of Two Lakes Lodge, the use or
maintenance of said building or its approaches and equipment by the Tenant.
29. DEFINITIONS
The word “Landlord”
as used herein shall include their respective heirs, legatees, devisees,
executors, administrators, successors, personal representatives and
assigns. The word “Tenant” as used
herein shall include their respective heirs, legatees, devisees, executors,
administrators, successors, personal representatives, assigns, children,
friends, relatives and guests. The words
“he”, “his”, and “him”, where applicable shall apply to Landlord or Tenant
regardless of sex, number, corporate entity, trust or other body. If more than one party signs as Landlord or
Tenant hereunder, the conditions an agreements herein of Landlord or Tenant
shall be joint and several obligations of each such party.
30. WAIVER
The waiver of one
breach of any term, condition, covenant, obligation, or agreement of this Lease
shall not be considered to be a waiver of that or any other Term, condition, covenant,
obligation, or agreement or of any subsequent breach thereof.
31. SEVERABILITY CLAUSE
If any provision of
this Lease or portion of such provision or the application thereof to any
person or circumstances is held invalid, the remainder of the lease (or the
remainder of such provision) and the application thereof to other persons or
circumstances shall not be affected thereby.
EXECUTED as an
instrument under seal in duplicate on the day and date first written above, and
Tenant as an individual states under penalty of perjury that Tenant is at least
eighteen (18) years of age.
Landlord
________________________________ _______________________________ _____________
Signature Printed Name Date
Tenant (Name1)
________________________________ _______________________________ _____________
Signature Printed Name Date
Tenant (Name2)
________________________________ _______________________________ _____________
Signature Printed Name Date
Addendum A
Please provide the
names, addresses and age of all persons that will be staying at or visiting Two
Lakes Lodge during the Lease Term.
Name Address City/State Age
1. ____________________________ ________________________ __________________ ___
2.
____________________________
________________________
__________________ ___
3.
____________________________
________________________
__________________ ___
4. ____________________________ ________________________ __________________ ___
5.
____________________________
________________________
__________________ ___
6.
____________________________
________________________
__________________ ___
7. ____________________________ ________________________ __________________ ___
8.
____________________________
________________________
__________________ ___
9.
____________________________
________________________
__________________ ___
10. ___________________________ ________________________ __________________ ___
11.
___________________________
________________________
__________________ ___
12.
___________________________
________________________
__________________ ___