HomeMy WebLinkAboutZoining Determination - Krobot 6/1/26 -4164:i TOWN OF YARMOUTHRECEIVED '� '
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G 1146 Route 28, South Yarmouth,MA, 02664
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JUNI'26(414 -°'":u5 ZONING DETERMINATION FOR BUSINESS CERTIFICATE APPLICATION
The purpose of this form is to determine if your business complies with the Town of Yarmouth Zoning Bylaw. The applicant
shall complete the top section of this form and file it with the Building Department. Once the Building Department has
made a determination, it will be forwarded to the Town Clerk.
The Building Department will render a determination based on the following factors: (a) The business/use, activity, (b) The
zoning district in which the business is to be located. Allowed uses are based on Zoning Bylaw Table 202.5 and(c)previous
or new zoning relieffrom the Zoning Board of Appeals.
Date: `- L_ Telephone: t_D O X 2(I 00n t
Business Address: ,1CoM,MT
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Name of Applicant: KA V(17-(4 11OlG '1
DBA: k ,o 66"� (__0-1--r _ii---
Mailing Address: C,2�1 (P f�1�\aa)(\‘9Jnc;t 41,. r-� iD- 1'1 . VA,(1Al\Dl4:�-i\, 1Ail lA O7_10 j,t{
Description of Business Activity: l ��;�`(J I I, /.r�-1--(elt (r� r' ,— J/ 1 i
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The applicant acknqvledges that a determination will be made by the Building Department based on the information provided on this
date. Any changes in the business use and/or activity will require additional approval. The applicant agrees to abide by all conditions
referred to below. Failure to do so may result in the revocation of the Business Certificate and/or appropriate Zoning Enforcement,
should it be determined that the changes are non-compliant.
Property Owner's Signature: '-) ( � 76�'1Q _ (-e-t--Q`" ( /Zf� 2
Date:
Applicant's Signature: ���.1A/1 &- . /`^T`J��'A-F Date: _G/? 2 7
Building Department Determination•
N, Approved: Comments and Conditions hc,1 }Z. C,N'�>,,<< '�``-� ' r\0 CSCC. L'eln( y U C'
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Disapproved: Comments and Conditions
Building Official's Signature: �- �Y' Date: 67/4; 6
Commercial Lease
THIS LEASE is made on the 1s` day of May 2025.
The Landlord hereby agrees to lease to the Tenant,and the Tenant hereby agrees to hire and take from the Landlord,the Leased
Premises described below pursuant to the terms and conditions specified herein.
LANDLORD: Jameson Entertainment Corp.
Christopher Court,President
218 Willow Street
W,Barnstable,MA 02668
(508)360 2329/christophercourt@cotncast.net
TENANT(S): Mike Krobot
22 Equestrian Lane
East Falmouth,Ma 02536
(cell)(508)524-0084
mkkrobot@gmaiLcom
1. Leased Premises. The Leased Premises are those premises described as:
24 Commonwealth Ave
South Yarmouth,MA
Unit 4
Industrial Bay and office Space,Approximately 700 Square Feet
2. Term. The terns of the Lease shall be for a period of One ( 1 )years commencing on May 1, 2025 and expiring on April 30,
2026 unless sooner terminated as hereinafter provided.
3. Rent. The Tenant agrees to pay the ANNUAL RENT of Thirteen Thousand Two Hundred(S13,200.00)for year one,
payable in equal installments of One Thousand One Hundred($1,100.00)Dollars, in advance on the first day of each and every
calendar month.A late fee of$10 per day will be collected if a payment is received after the payment due date. deposit-of$$$$
=st-mont s-rent$$$$
asbted-€e►,as
a-seeefi No additional deposits shall be collected,deposits already held by Landlord from previous lease. The rent for
each subsequent year of this lease shall increase by not less than an amount equal to Five (5%) percent annually over the then
recent year's annual rent. All rent payments shall be made payable to Jameson Ent. Corp and mailed to the address herein.
4. Delivery of Possession. If for any reason the Landlord cannot deliver possession of the leased property to the Tenant when the
lease term commences, this Lease shall not be void or voidable, nor shall the Landlord by liable to the Tenant for any loss or
damage resulting therefrom. However,there shall be an abatement of rent for the period between the commencement of the lease
term and the time when the Landlord delivers possession.
5. Use of Lease Premises. The Leased Premises may be used only for the following purpose:Storage and office space for a
guitar manufacturing and sales company or other such uses that are allowable under the Zoning Bylaws and rules and
regulations of the Town of Yarmouth and the Commonwealth of Massachusetts. Tenant shalt be responsible for obtaining any
and all occupancy or use permits at its own effort and expense. Auto repair services and petroleum based uses shalt be
expressly prohibited uses in the Leased Premises,unless written approval of the same is first obtained from the Town of
Yarmouth.
6. Utilities. The Tenant shall be responsible for all utilities and services that are furnished to the Leased Premises. The application
for and connecting of utilities,as well as all services,shall be made by and in the name of the Tenant.
7. Condition of Leased Premises;Maintenance and Repair. The Tenant acknowledges that the Leased Premises remain in good
order and repair. The Tenant agrees to take good care and maintain the Leased Premises in good condition throughout the term of
the Lease. The landlord, at his expense,shall make all necessary repairs and replacements to the Leased Premises including the
repair and replacement of pipes, electrical wiring, heating and plumbing systems, fixtures and all other systems and appliances
and their appurtenances.The quality and class of all repairs and replacements shall be equal to the original worth.
a) Landlord shall deliver the Leased Premises in broom swept condition and shall provide Tenant with a functioning
heating system.
8. Compliance with Laws and Regulations. Tenant, at its expense, shall promptly comply with all federal, state and municipal
laws, orders, and regulations, and with all lawful directives of public officers,which impose any duty upon it or Landlord with
respect to the Leased Premises. The Tenant at its expense shall obtain all required licenses or permits for the conduct of its
business within the terms of this lease, or for the making of repairs, alterations, improvements, or additions, Landlord, when
necessary,will join with the Tenant in applying for all such permits or licenses.
9. Alterations and Improvements, Tenant shall not make any alterations, additions,or improvements to,or install any fixtures on,
on the leased premises without the Landlord's prior written consent, Fixtures installed by Tenant shall become Landlord's
property upon the expiration or sooner termination of this Lease. Landlord may, however, require Tenant to remove such
fixtures,at Tenant's cost,upon the termination hereof.
10. Assignment/Subletting Restrictions. Tenant may not assign this agreement or sublet the Leased Premises without the prior
written consent of the Landlord. Any assignment, sublease or other purported license to use the Leased Premises by Tenant
without the Landlord's consent shall be void and shall(at Landlord's option)terminate this Lease.
11. Indemnification of Landlord. Tenant shall defend, indemnity, and hold Landlord harmless from and against any claim, loss
expense or damage to any person or property in or upon the Leased Premises, arising out of Tenant's use or occupancy of the
Leased Premises,or arising out of any act or neglect of Tenant or its servants,employees,agents,or invitees.
12.Condemnation. If all or any part of the Leased Premises is taken by eminent domain,this lease shall expire on the date of such
taking,and the rent shall be apportioned as of that date. No part of any award shall belong to Tenant.
13.Destruction of Premises. If the building in which the Leased Premises is located is damaged by fire or other casualty, without
Tenant's fault, and the damage is so extensive as to effectively constitute a total destruction of the property or building,this Lease
shall terminate and the rent shall be apportioned to the time of damage. In all other cases of damage without Tenant's fault,
Landlord shall repair the damage with reasonable dispatch, and if the damage has rendered the Leased Premises wholly or
partially untenantable, the rent shall be apportioned until the damaged is repaired. In determining what constitutes reasonable
dispatch, consideration shall be given to delays caused by strikes, adjustment of insurance, and other causes beyond the
Landlord's control.
14.Landlord's Rights upon Default. In the event of any breach of this lease by the Tenant,which shall not have been cured within
TEN(10)DAYS,then the Landlord,besides other rights or remedies it may have,shall have the immediate right of reentry and
may remove all persons and property from the Leased Premises;such property may be removed and stored in a public warehouse
or elsewhere to any notice provided for by law,it may either terminate this Lease or may, from time to time, without terminating
this lease,relet the Leased Premises or any part thereof, for such term or terms and at such rental or rentals and upon such other
terms and conditions as the agreed to be paid during the month by the Tenant hereunder,the Tenant shall pay such deficiency to
the Landlord monthly. The Tenant shall also pay to the Landlord, as soon as ascertained,the cost and expense incurred by the
Landlord in such reletting,
15.Quiet Enjoyment. The Landlord agrees that if the Tenant shall pay the rent as aforesaid and perform the covenants and
agreements herein contained on its part to be performed, the Tenant shall peaceably hold and enjoy the said rented premises
without hindrance or interruption by the Landlord or by any other person or persons acting under or through the Landlord.
16.Landlord's Right to Enter. Landlord may, at reasonable times, enter the Leased Premises to inspect it, to make repairs or
alterations,and to show it to potential buyers,lenders or tenants.
17.Surrender upon Termination. At the expiration of the lease term the Tenant shall surrender the leased property in as good
condition as it was in at the beginning of the term,reasonable use and wear excepted.
18.Subordination. This lease, and the Tenant's leasehold interest, is and shall be subordinate, subject and inferior to any and all
liens and encumbrances now and thereafter placed on the Leased Premises by Landlord, any and all extensions of such liens and
encumbrances and all advances paid under such liens and encumbrances.
19. Additional Agreements. Landlord will continue to pay Tenant$50 per occurrence for mowing once a month between May and
October and snow plowing as needed.
20. Miscellaneous Terms.
(i) Notices. Any notice, statement, demand or other communication by one party to the other, shall be given by personal
delivery or by mailing the same, postage prepaid, addressed to the Tenant at the premises, or to the Landlord at the
address set forth above.
(ii) Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent
jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provisions, which
shall remain in full force and effect.
(ill)Waiver. The failure of either party to enforce any of the provisions of this lease shall not be considered a waiver of that
provision or the right of the party to thereafter enforce the provision.
(iv)Complete Agreement. This lease constitutes the entire understanding of the parties with respect to the subject matter
hereof and may not be modified except by an instrument in writing and signed by the parties.
(v) Successors. This lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or
Tenant.
(vi) The Tenant recognizes that he worked with no other broker than Commercial Realty Advisors, Inc.,and the landlord will
pay the agreed commission upon the execution of the lease.
IN WITNESS WHEREOF the parties have set their hands and seals on this /L day of 2025.
ix
Christopher urt,President o Mike Krobot ( enant)
Jameson Entertainment Corp (Landlord)