Campground Rules

LEASE AGREEMENT

 

THIS LEASE made and entered into as of this the _____________, by and between: 

 

ELK SPRINGS CAMPGROUND, INC.                                             Referred to as “LESSOR” 

 

AND:  Whether one or more, Referred to as “LESSEE.”  

 

WITNESSETH:

 

That, for good and valuable consideration, including the covenants and conditions stated herein, the receipt and sufficiency all of which is hereby acknowledged, the Lessor hereby leases and lets to the Lessee the premises as described herein. 

 

This lease contains the entire agreement among the parties hereto and this agreement shall replace and supersede all other agreements among the parties hereto whether written, verbal or other. 

 

Each of the parties hereto do hereby covenant and agree that they will keep, perform and observe the following terms and conditions of this lease, to-wit: 

 

TERM:  This lease shall commence on the ____________. 

 

RENEWAL:  After the initial one year period this lease shall automatically renew annually for additional one year periods on the day specified above under the same terms and conditions set forth herein until such time as a new lease may be required by the Lessor.  However, after the initial one year period the Lessor may change the rental amount provided that written notice of such change is given to the Lessee at least 30 days in advance of the date specified above.  After the initial one year period either party may cancel the lease, with or without cause, by providing written notice to the other party at least 30 days prior to the end of the current yearly period. 

 

LEASED PREMISES:  The lease premises shall be one (1) campsite designated as _______________, located upon a tract of real estate, owned by the Lessor known as ELK SPRINGS CAMPGROUND, INC., and located upon the waters of the Elk River, in Fork Lick District, Webster County, West Virginia.    911 ADDRESS IS: ____________.

 

RENTAL AMOUNT:  The rental amount for the first yearly period shall be ($____) per year due and payable upon execution of this lease.  The rental amount for the automatic renewal periods shall be due in the specified amount at least 30 days prior to the expiration of the ongoing one year period, unless Lessor has changed that amount pursuant to the terms of this lease.  In that event, the renewal amount shall be as specified by the Lessor. 

 

If payment of each year’s rent is not made in full within (30) days of becoming due, the Lessor may declare the lease to be forfeited pursuant to the terms of the lease and re-enter and retake the premises forthwith, with or without notice, to the Lessee. 

 

RENEWAL:  Unless this lease is sooner terminated for breach of any term or condition contained herein, or for any other reason, this lease will automatically be renewed, by payment and acceptance of the yearly rental amount, including any additional amount agreed upon by the Lessor and Lessee, on or before the due date thereof.  If either party desires not to renew this lease, or to change any terms or conditions thereof, they must notify the other party in writing at least (30) days prior to the expiration of the previous period. 

 

TITLE:  Lessor covenants that it has good and valid title to the above-described premises and that Lessee shall have quiet use and enjoyment of the property during the term of this lease. 

 

TAXES:  Lessor shall pay all ad valorem property taxes and assessments duly levied against said real estate.  Any additional taxes and assessments against the aforesaid real estate shall be the responsibility of the Lessee. 

 

INSURANCE/INDEMNITY:  Lessee shall be responsible for maintaining such insurance as Lessee shall desire, and may legally obtain, to cover loss of personal property and other such loss or liability as Lessee may incur, including but not limited to insurance commonly known as “renter’s insurance.”  Lessor is not responsible for providing any type of insurance coverage on Lessee’s behalf.  The Lessee agrees to save harmless and indemnify the Lessor from any and all claims, causes of action, actions and suits arising of, and from or by virtue of Lessee’s use and occupancy of the leased premises. 

 

DAMAGES:  Lessee shall be solely responsible for the repair of any damage of said property that may be caused by the Lessee, or the Lessee’s agents, servants, employees, guests, invitees and licensees.  Lessee shall save harmless the Lessor and does hereby specifically relieve the Lessor from responsibility for any loss, theft or damages to Lessee’s property which may be left upon the campsite. 

 

NUISANCE/UNLAWFUL ACTS:  Lessee shall not commit, permit or suffer to be committed any unlawful act on or about the leases premises, nor commit, permit or suffer to be committed any act which may be considered a nuisance, including but not limited to, loud noise or other acts which may disturb an adjoining premises.  Further, Lessee shall not engage in, nor allow its invitees or guests to engage in, illegal activity nor commit, permit or suffer to be committed, any act which may be considered a nuisance in or upon the campground property. 

 

INSPECTION/RIGHT OF ENTRY:  Lessor specifically reserves a right to inspect or go upon said campsite at any reasonable time, with or without prior notice to, and regardless of the presence of Lessee so long as such inspection or entry does not materially interfere with the lawful use of the premises by the Lessee. 

 

Lessee shall also be responsible for mowing of the grass upon the leased premises at a minimum of every two (2) weeks during the seasonal growing period from the third week in April until the second week of September.  Should the Lessor discover that said mowing has not been performed, Lessor may, at Lessor’s option, declare the Lessee to be in material breach of this agreement and terminate this lease pursuant to the terms and conditions herein, or hire a third party to perform the mowing and Lessee agrees to pay Lessor the sum of Fifty Dollars ($50.00) for each occurrence.  Lessee’s failure to pay such amount within 30 days of receiving notice of the same shall constitute a material breach of this agreement. 

 

Should Lessor discover repairs or maintenance needed upon the premises, Lessor may declare the same to be a material breach of this lease and terminate this lease pursuant to the terms and conditions herein, or, at Lessor’s option provide written notice to the Lessee of the needed maintenance.  Lessee shall complete such repairs or maintenance within 15 days of receipt of said notice in workmanlike manner. 

 

CAMPFIRES:  The Lessee shall comply with all regulations governing campfires promulgated and enforceable by the State of West Virginia or the Forest Service.  During the fire season, no campfires shall be permitted except after 5:00 p.m., any campfires shall be completely extinguished with water before 10:00 a.m., the following day or at such times as may be designated by the appropriate authorities.  At all times while campfires are burning, the same shall be attended by an adult person and shall be kept in a fire ring, fire pit or other appropriate containment area. 

 

PETS:  No pet shall be permitted to leave the campsite unless the pet is attended by an adult and securely fastened to a leash.  Pet areas must be kept clean at all times, and all pet feces must be removed immediately upon the depositing of the same.  Pets shall not be permitted to be loose upon the campground.  No pet shall be permitted to bark, make noise or in any other way, disturb the other tenants of the campground.  Lessor reserves the right to prohibit any pet upon the campground. 

 

ROADWAYS/FOUR-WHEELERS/OTHER MOTOR VEHICLES:  The Lessee and Lessee’s UNDERAGE, minor invitees or guests SHALL NOT ride or drive any four-wheeler, motorcycle, vehicle or other motorized vehicle upon any roadway in the campground.  Lessee shall not place vehicles or other items in or upon any roadway leading into or out of the campground in such a manner as to block any portion of such roadway. 

 

FIREARMS/BOWS:  Lessee and Lessee’s invitees or guests are strictly prohibited from discharging any firearm, air rifle, bow and arrows, or any other weapon whatsoever upon the campground, campsite or any roadway leading thereto. 

 

PUBLIC ACCESS TO RIVER:  It is understood that the public has access to the river adjoining the campground, and all occupants of campsites which front on the river shall allow public access to said river, and shall in no way construct their campsite so as to prevent the free ingress and egress of the public from said river. 

 

TERMINATION BY REASON OF FIRE, FLOODING OR ANY OTHER ACTS OF GOD:  In the event that the leases premises shall be rendered un-tenantable by fire or other disaster, the liability of the Lessee for rent shall cease and determine forthwith, as of the date of such fire or disaster, and Lessee shall be relieved of any further liability for rent until the premises are restored to tenantable condition.  Lessor shall not be under any obligation to so restore the premises, and in the event the Lessor elects not to do so, or the area is not so restored within (30) days of such fire or disaster, this lease shall be declared null and void and of no force and effect and all liabilities and duties of each party hereunder shall be terminated and determined forthwith. 

 

SUBLEASING/NON-TRANSFERRABLE:  Lessee shall not sublet the premises, nor any part thereof, nor permit the use and occupancy thereof by any person or persons, without the written consent of the Lessor.  Only (1) family camper/cabin permitted on leased lot. 

This lease is NON-TRANSFERRABLE.  In the event that Lessee should abandon the lease or should Lessee sell, lease or otherwise transfer any camper, cabin structure or other items upon the leased premises to a third party, said third party DOES NOT acquire any interest whatsoever in the leased premises and, unless otherwise agreed to in writing by Lessor and said third party, must forthwith remove said property from the leased premises or the same will become the property of Lessor. 

 

ASSIGNMENT:  The Lessee SHALL NOT assign this lease in whole or in part to any third party! 

 

UTILITIES & GARBAGE:   Lessee, at Lessee’s expense, shall provide any electric, water, sewer, garbage removal or other utilities which Lessee may desire.  Lessee must first obtain written approval of the Lessor, pursuant to the improvements/alterations of premises paragraph below, prior to making any physical alterations to the premises for the purposes on installing any such utilities.  Lessor will not be responsible for providing any utilities to the campsite.  Any utilities installed by the Lessee must comply with all local, state and/or federal regulations. 

 

IMPROVEMENTS/ALTERATIONS/MAINTENANCE OF PREMISES:  Lessee may, at Lessee’s own expense, make any physical alterations to the leased campsite only with the prior written consent of Lessor.  All repairs, maintenance or physical alterations conducted by the Lessee upon the real estate and premises shall be conducted in a timely and workmanlike manner.  Any physical alterations which Lessee may make to the premises shall become the property of the Lessor and shall remain in the premises upon termination of this lease.  Lessor reserves the right to make such physical alterations and improvements to the leased premises as he/she deems fit and proper. 

 

PER BUILDING CODE REQUIREMENT, ANY STAIRS THAT HAVE A TOTAL RISE OF THREE FEET OR MORE REQUIRES HANDRAILS AND RAILINGS. 

 

Lessee shall be responsible for maintenance of the rented premises, including but not limited to, removal of snow, leaves, dirt or other such debris, or other such normal maintenance as may be required to maintain the premises from day to day in a safe and habitable condition.  This shall include but not be limited to keeping all trash in bags or other approved containers and removing all such trash from the campsite each time the Lessee leaves after a visit to the campground. 

 

ASSUMPTION OF RESPONSIBILITY FOR GUESTS:  Lessee hereby agrees and covenants that Lessee shall assume responsibility for any guest, invitees or other persons which the Lessee shall cause or permit to be upon the campground, including but not limited to ensuring that such persons understand and fully comply with all the terms and conditions set forth herein.  Any violation of the terms and conditions set forth herein by any such persons shall be deemed to be the same as if the Lessee had personally violated any such term or condition. 

 

FORFEITURE:  In the event that, at any time, the Lessee shall fail to abide by the terms and conditions of this lease, Lessor shall have the right to terminate this lease forthwith, with or without notice to Lessee, and to immediately reenter, reoccupy and re-lease the premises.  If this lease shall be declared forfeited for a violation of any term or condition herein, Lessor shall be under no obligation to pro-rate or return of any unused portion of the yearly rental required to be paid herein and the same shall be declared forfeited as liquidated damages to the Lessor for said violation. 

 

Should this lease be declared forfeited for any violation of the lease or any other reason, the Lessor may cause any camper or other personal property owned by the Lessee to forthwith be removed from the property of the Lessor, with or without notice to the Lessee and at the expense of the Lessee.  Further, if at the time of such forfeiture there be any amounts due and owing to the Lessor from the Lessee pursuant to this lease Lessor may impound such camper and personal property until such time as Lessee makes payment in full of all monies pursuant to the terms of this lease, including any impound or storage fees upon said camper or personal property.  If such payment is not made with sixty (60) days of the termination of the lease, then the Lessor may dispose of any camper or other personal property in such manner as Lessor deems appropriate and without any liability to the Lessee. 

 

TERMINATION OF LEASE:  The Lessor reserves the right to terminate this lease at any time during the term of the lease upon thirty (30) days written notice to the Lessee. 

 

NON-WAIVER:  In the event that at any time the Lessee shall fail to pay any rent when due, or in the event the Lessee violates any of the other terms or conditions of this lease, and Lessor shall thereafter accept any portion of rent or payment due and owing or accruing under this lease, acceptance of same shall not constitute a waiver of any such breach of the lease unless such acceptance and payment in full of any payment or rent due and owing.  Further, failure by the Lessor to act upon any breach of this lease, or to avail itself of the full remedies available to it for such breach shall not constitute a waiver of any other breach of the lease whether occurring prior to, simultaneously or subsequently to the breach upon which the Lessor has failed to act. 

 

SURRENDER OF PREMISES AND IMPROVEMENTS:  Should this lease terminate for any reason, the Lessee shall surrender the premises to the Lessor in a good condition and state of repair, reasonable wear and tear excepted.  Further, upon surrender of the premises, all improvements to the premises which may have been made by the Lessee shall become the property of the Lessor. 

 

ATTORNEY’S FEES:  Should it become necessary for the Lessor to engage the services of an attorney to enforce any term or condition of this lease, or to collect any monies due pursuant to the terms of this lease, the Lessee shall be responsible for payment and reimbursement of any and all reasonable attorney’s fees incurred by the Lessor in such enforcement or collection. 

 

NOTICES:  Any notices provided for in this lease shall be given and addressed to the addresses on page one of this lease.  Notices shall be deemed given upon mailing by U.S. Mail. 

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