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HomeMy WebLinkAbout5091 6 Wellfleet Ave YCGA Cottage LeaseYarmouth Camp Ground A-isocialion. Inc. LEASE FOR COTTAGE LOT FOR ONE YEAR raWn KNOW ALL PERSONS BY TIIESiG PRESENTSµth of Massachusetts and hathat the yarmouth Camp ving its print pnd a place of bussinm; at duly organised under the laws of the Common for and in Yarmouth, Barnstable County, Massachusetts, by its President and Treasurer, hereto duly authorized, consideration of the Ground (tent as stipulated in the standing Rules of the Corporation, to it paid by Jonathan W. Herbert of Easthampton of the Commonwealth of Massachusetts and on receipt and payment in full whereof, do by these presorts, demise and let unto the said Jonathan W. Herbert roperty of the Corporation, in the Town of Yarmouth, Massachusetts. and more a lot of land situated upon p particularly shown on aplan on file in the office of said Corporation and being the premises at 6 Welifleet Ave. n for the occupancy said for the purpose of erecting and maintaining s cottage thereosubjubjeect to the conditions and members of their immediate families, guests, or such other persons as the said L essee(s) may permit, s hereinafter set forth during the term of this lease. To have and to hold the aforementioned lot of land with all the rights and privileges hereinafter granted and subject to all of the liabilities and penalties hereinafter set forth, frorn the date of this instrument until the l st day of July, 2024 at 12 o'clock noon. STIPULATIONS AND CONDITIONS UPON WHICH THIS LEASE IS GRANTED: 1. Every Lessee shall be a stockholder of Yarmouth Came Ground Association. lnc. shall be made to any person unless helshelthey shall be a stockholder of 2. No assignment Of the Lease Yarmouth Camp Ground Assmi�on, Inc- and upon further condition that the written assent of the owd of Directors of said Corporation shall be fast obtained. 3. Lessee(s}must familiarize themselves with the Standing Rules and the Regulations for cottage owners and Guests in order to be fully lessee of all rules governing the Yarmouth Camp Grounds community. 4. Lesme(s) and occupants under the lessee agree to abide by Standing rules of Yarmouth Camp Ground Association, Inc., and by the regulatiorts and ordinances of the Board of Public Heald+ and/or the Zoning Board of the town of Yarmouth or Barnstable and all other applicable government rules and regulations, 5. The Board of Directors of Yarmouth Camp Ground Association, Inc. shall be the sole judge of any or all violations of the terms and conditions of this lease, except for violations of arty gavcrnmcntal regulations. 6. Lessee(s) understand and agree that owning a cottage primarily for the rental income is prohibited and is cause for termination of the lease unless otherwise provided for herein. I 1VV initials sr�- r No sale of any cottage or other building upon said Lol shall he made without first obtaining in writing the writen assent of the Board of Directors of said Corporation. Notice of intention of sale of such cottage or other building shall be filed by the Lessee with the Board of Directors, and the Hoard of Directors shall have thirty (30) days in which to consider the sale of said cottage or buildings, during which time the Board of Directors shall have a right of first refusal io purchase such cottage under the same terms and conditions as the lessee has received for said cottage. Failure of the Board of Directors to exercise its right of first refusal within said period shall be deemed a waiver of such [tight regarding the offer being made to the lessee. Such rights of first refusal shall not be applicable to a transfer/sale of the cottage to any members of the cottage owners` immediate family of the rust degree (spouse, children). 8. No business, trade or profession shall be maintained upon the demised premises without written permission from the Board of Directors of said Corporation. 9. All ground mitt and taxes shall be paid to the Treasurer of Yarmouth Camp Ground Association, Inc., upon presentation of a written invoice for amounts then due. In no event less than 15 days after receipt the failure of which shall be a default of this lease for which the corporation may exercise its rights under law including but not limited to the eviction process. In the event of such default, all legal expenses incurred by the Association shall be reimbursed to the Lessor. 10. This lease may be renewed annually at the discretion of the Board of Directors for a term of one (1) year on the same terms and conditions hereinbefore set forth and on further condition that all ground rent and taxes for the previous year have been paid in full as certified by the Treasurer 11. The Lessee(s) by the signing of this Lease accepts all of the foregoing conditions, stipulations, and regulations and hereby agrees to comply with the same. 12. No sublessee shall OCCUPY a cottage for a sum of days in excess of 42 during any calendar year. 13. A cottage owner seeking to sublease a cottage shall apply to the board in writing not less than 30 days prior to the proposed sublease listing the name, address, and telephone number of the sublessee. U pon such notice, the Board shall make a determination within ten days of receipt of such. No sublease to�anpy of person shall be made to anyone listed in the National or State Sex Offender Registry. 14. Compliance with the Town of Yarmouth or Town of Barnstable ordinances regarding cottage tenancy and the YCGA Standing Rules is the responsibility of the cottage owner. Proofaf town drental cottage inStenantdon must be given to cleric at the time of submission of the request by the lessee. 15. Upon petition to and review by the Board of Directors, a demonstrated hardship may be established and a shareholder may be permitted an exemption occupancy. The Board of Directors may reqfrom compliance with the rules governing cottage rental and uest and the shareholder shall present written documentation to support and demonstrate a hardship. If hardship exemption is granted, the shareholder shall agree to be bound by the terms and conditions as may be determined by the board of Directors with respect r the duration of the exemption. No hardship exemption shall continue beyond one year from the date of the granting of the exemption unless extended by the action of the Board of Directors, hedateDEFINITION: Hardship shalt be deftned EITHER as the inability of a shareholder to act in accordance with these rental rules as a result of employment, health impairment, or financial difficulties OR a cottage owner seeking to Provide temporary housing to someone in need. 16. Use of the cottage for home sharing sites (e.g. AirBnB) is expressly prohibited. Initials �k IN WITNESS WHEREOF, the panics hereto and to another instrument of like tenor, the President and Treasurer of the Yarmouth Camp Grounds Association, Inc. set their hands and scals and the seal of said Corporation this Ist day orluly, 2023. ussee(s) ByJ ...�ate�� •? - z o z.3 By Date YARMOUTH CAMPGROUND Treasurer 1 Initials `•