This Lease Agreement is made and entered into on October 20, 2008 by and between the Town of Harwich, a municipal corporation having its principal office at 732 Main Street, Harwich, 02645 (“Lessors”) and Allen Harbor Marine Service, Inc. a (corporation/partnership/individual) with an address of P.O. Box 445, 335 Lower County Road, Harwich Port, MA 02646, (“Lessor”).


            The Lessor hereby leases to the Lessee a portion of the town-owned parking lot at Allen Harbor in Harwich Port measuring approximately seventy-two feet (72’) in width and three hundred feet (300’) in length and extending from Lower County Road southerly to the waters of Allen Harbor for the purpose of storing boats from November 1st to May 20th of each year during the term thereof.


            This Lease shall be for the term commencing November 1, 2008, and ending May 20, 2011.


            The Lessee shall pay to the Lessor as rent the following:


1.      For the period November 1, 2008 to May 20, 2009 the amount of $13,689.34.


2.      For the period November 1, 2009 to May 20, 2010 the amount of $14,373.81.


3.      For the period November 1, 2010 to May 20, 2011 the amount of $15,092.50.


The rent above shall be payable in one annual installment due November 1st of each year.


            The Lessee agrees to maintain the leased premises in a neat and clean condition and to that end will inspect the area daily and remove therefrom any rubbish, debris, etc. which may accumulate, and promptly repair any damage thereto; will store the boats on the leased premises in an orderly fashion and see to it that all equipment, including boat covers, which may be used in connection with storage of the boats, are properly kept and maintained.


            Lessee agrees to maintain liability insurance against loss as a result of bodily injury or property damage occasioned by the use of the premises by the Lessee.  Said insurance shall be for an amount not less than One Million Dollars ($1,000,000.00) and shall be in such form and with such companies as the Lessor approves; and Lessee shall furnish a certificate of insurance naming the Town of Harwich (the Lessor) as an Additional Insured.  Further, the Lessee agrees, notwithstanding said insurance, to indemnify and hold harmless the Lessor from any loss occasioned by the Lessee’s use of the premises, including but not limited to, any loss occasioned by the presence upon or escape of hazardous waste or other substances from the premises.  Throughout the term of this Lease, the Lessee shall furnish to the Lessor current certificates of insurance prior to November 1st of each year.


            Lessee shall not use the property for any unlawful or hazardous purpose or conduct its operations in a manner constituting a nuisance.


            Lessor reserves the right to use the leased area of the parking lot from May 20th to November 1st of each year for the purposes for which the parking lot has been used in the past by the Town, and Lessee agrees to have all boats and appurtenant equipment and materials removed from the leased area by May 20th of each year and likewise agrees to refrain from moving any boats, materials or equipment onto the leased area until after November 1st of each year.




            Either party hereto shall have the right to terminate this Lease after May 20th of each year of the lease period provided written notice is given to the other party prior to July 1st; it being the intention of the parties that (1) the Lease shall not be terminated during the period the Lessee actually occupies the leased premises and (2) that both parties have adequate notice in advance of November 1st of any termination hereof so that another disposition of the leased premises could be made by the Lessor or Lessee would have adequate time to arrange to store boats elsewhere.


            This Lease Agreement constitutes the entire agreement between the parties.  Any prior understanding or representation of any kind preceding the date of this Lease Agreement shall not be binding upon either party, except to the extent incorporated herein.


            The Lease shall not be sold, assigned or transferred without written consent of the Board of Selectmen.


            Executed as a sealed instrument the day and year first above written.





FOR: Allen Harbor Marine Service, Inc.                                               FOR: The Town of Harwich

(Lessee)                                                                                               (Lessor)



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Authorized signature



Print Name                                                                                           ______________________________






                                                                                                            BOARD OF SELECTMEN