Rocklawn Realty Corporation

dba/Two Lakes Lodge

Lease Agreement

 

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.


15.  INSURANCE

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. ___________________________   ________________________  __________________  ___