Shadow Valley Manufactured Home
Community Lot Lease
This lease is entered into between ______(hereinafter referred to as "Resident"), and __Shadow Valley Bixby, LLC__ (hereinafter referred to as "Management"), and is effective this ______day of ______, of the year ______(“Commencement Date”) and expires on ______. (“Expiration Date”).
In consideration of Resident's payment of rent and agreement to and compliance with the other provisions set forth in this Lease, Management hereby leases to Resident, the Lot located at (Lot Number) _____ (hereinafter referred to as the “Lot") in the Shadow Valley Manufactured Home Community, in Bixby, Oklahoma, for the following mobile home (model and year) ______, serial number ______. Resident must supply a copy of the Title at move-in. This lease permits occupancy only by the Resident and the following additional persons (RR 3, 17):
______
______
______
Additional occupants may reside in the mobile home with the written consent of Management. Guests shall be permitted, provided that the Resident notifies Management in writing of the names and lengths of visits of any guests staying longer than Fourteen (14) days. In no event are guests permitted to stay more than One (1) month each year (RR 56).
1. LOT RENT AND OTHER CHARGES
a. Lot Rent. Resident shall pay Management lot rent in the amount of Three-Hundred Dollars ($300.00) per month, beginning on ______, 2016. Lot rent is due and payable without notice on the 1st day of each month, and must be paid no later than the 10th of each month. Prorated rent for_____ days at $30.00 per day equals _____ and is payable on or before ______.
b. Security Deposit. A Security Deposit in the amount of Three Hundred Dollars ($300.00) shall be paid by Resident at Lease Execution.
c. Address for Payments. Lot rent payments shall be paid to Shadow Valley Bixby, LLC
Address: Shadow Valley Bixby, LLC, 7500 E 151st St, Bixby OK 74008 at the on-site Community’s drop box; or online at www.shadowvalleybixby.com.
d. Late Payment of Rent Fee. Any rent payment that is not received by Management or the Community Manager by 5:00 pm on the 10th day of the month is past due and will be assessed fee of Thirty Dollars ($30.00) which is Ten Percent (10%) of Rent due.
e. Deductions from Rent. Deductions made from rent without written permission from Management will be considered as unpaid rent and will subject Resident to a late fee.
f. Dishonored Checks. In the event that Resident’s check is returned by the bank for any reason (insufficient funds, stopped payment, etc.), Resident agrees:
i. To replace the returned check with certified funds by no later than 5:00 p.m. on the 10th day of the month, or be subject to a Late Payment of Rent Fee. Dishonored checks will not be re-deposited.
ii. To include payment of $50.00 dishonored check charge with the replacement certified funds along with applicable late charges.
g. Five Day Notice to Evict. In case of non-payment of rent or tendering a dishonored check, a five-day (5) notice to “Pay or Quit” shall be given as allowed by law.
h. Additional Charges. Additional charges will be levied only as specified and provided for elsewhere in this lease or in the Community Rules and Regulations. Resident shall be given thirty (30) days written notice of Management's intent to perform services for which an additional charge will be made. Additional charges are due in full no later than thirty (30) days from the Resident's receipt of a written invoice from Management.
i. Application Fee. An application fee of $20.00 per adult shall be due and payable at time of application for Lease
j. Utilities. Resident shall be responsible for arranging, and contracting in its own name if necessary, all utility services necessary for the operation of the Lot, including establishment of any required deposits, and payment of any and all utility charges incurred during the term. Such utility charges may include water, natural gas, telephone, cable television, sanitary sewer, electricity, trash removal and storm water management fees. Further, in the event of any interruption of utility services, the Landlord shall neither be responsible for, nor shall any rent be abated due to, such interruption.
Until otherwise notified per Section 1.h), the Resident shall reimburse Management for Water, Sanitary Sewer and Storm Water fees according to the following schedule:
Bixby’s Water Charge to Shadow Valley Flat Rate Per Trailer
Under $4,000.00 $35.00
Between $4,000.01 - $5,500.00 $45.00
Between $5,500.01 - $7,000.00 $55.00
Over $7,000.01 $65.00
Until otherwise notified per Section 1.h), the Management shall provide for Trash removal services per Section 7.d).
2. SUBLETTING
Resident shall not rent the mobile home or sublet the mobile home or lot without the written consent of Management. Management shall respond in writing after a background check is performed, to a written request to sublet that included the prospective sub-lessee's name and current mailing address (RR 72).
3. NONDISCRIMINATION
Management shall not discriminate against any Resident or Prospective Resident on the basis of a person's race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status.
4. USE OF HOME
The mobile home shall be used for private residential purposes only.
5. INSTALLATION AND MAINTENANCE OF HOME AND LOT
a. All homes must be skirted with a skirting material of comparable quality and appearance as the home. The skirting must be weather-tight, kept in good repair and painted as necessary (RR 81, 83, 85).
b. The Resident shall keep the premises neat, clean, in good repair, and use them in such a manner as not to be detrimental to any other resident or to the operation of the Community for health, safety or aesthetic reasons (RR 89).
c. Plumbing must be kept in good repair and plumbing leaks must be repaired immediately. All exposed water lines must be properly insulated and/or have operative heat tapes to prevent freezing from ground exit forward. Running water shall not be used to prevent freezing (RR 66).
d. With prior written approval of Management, awnings, porches or sheds may be placed on the Resident's lot. Any such improvement or addition must be in compliance with the local zoning, building code and related ordinances (RR 78, 82, 91).
e. Except in connection with flower gardens, Resident shall not dig on the lot without the prior written consent of Management and verification by authorities of the location of underground infrastructure systems (electrical, sewer, water, telephone, cable). Any damage done to an underground utility by the Resident shall be repaired at the Resident's expense (RR 30).
6. RESPONSIBILITIES OF THE RESIDENT
a. The Resident is required to respect the privacy and lot lines of other residents’ lots. Resident and resident's household members and guests shall not conduct themselves in a way that disturbs other residents, and shall refrain from illegal activities. Resident shall be responsible for the activities and behavior of guests of Resident (RR 56 - 60).
b. Resident shall not use or occupy his/her mobile home in such a way as to cause any lot to fail to comply with the terms of this Lease Agreement or State or local laws and ordinances. The Resident, members of the household, guests and invitees shall not deliberately or negligently destroy, deface, damage, alter or remove any fixture, mechanical or utility system (RR 1, 60).
c. The Resident shall be responsible for the expense of maintaining the plumbing, electrical, and other utility service within the home, and from the point at which the service surfaces under the mobile home or connects to the mobile home from a service point. Resident is responsible for ensuring proper connection of the electric service to the home. Resident is responsible for ensuring that the mobile home is properly connected to the Community’s sewer (RR 61 - 69).
d. Resident shall maintain his/her unit free from insects, vermin and other pests.
e. The Resident is responsible for the maintenance of the lot, including but not limited to the maintenance of the lawn and driveway, including snow removal (RR 31, 100).
f. The Resident is responsible for any damage caused by failing to control water leaks within the mobile home or disposing of anything other than normal domestic water into the sewage system that may cause blockages, surfacing or backup (RR 25, 65).
g. Waste shall be placed in receptacles provided by management. No waste shall be stored or accumulated under or around the mobile home or in any structure (RR 70 - 71).
h. Upon the termination of the lease, the Resident will leave said premises in as good a state of condition as they were at the beginning of the lease, reasonable use and wear thereof and damage by the elements excepted (RR 109 - 112).
7. RESPONSIBILITIES OF MANAGEMENT
a. Management will provide Resident with adequate electrical service. Management is responsible for maintenance of the electrical service and equipment located outside the mobile home to the disconnect (RR 61 - 69).
b. Management will provide the Resident with potable water at an adequate pressure to meet Oklahoma Department of Environmental Quality guidelines. Management is responsible for the maintenance of water lines to the point at which the lines surface from the ground under the mobile home (RR 65 - 69).
c. Management shall provide adequate wastewater disposal that is properly connected to a public sewage system or properly operating subsurface disposal system. Management is responsible for ensuring that the sewage disposal system is serviced adequately to prevent surfacing or back-up. Management is responsible for maintaining the sewage disposal system to the point where it surfaces from the ground to service the mobile home.
d. Management shall provide trash removal services of frequency and or capacity to keep collection areas free from insects, vermin, and other pests (RR 71).
e. Management shall maintain the common area structures and abandoned mobile homes free from all insects, vermin and other pests.
f. Management will ensure that the common areas and facilities are neat, clean and in good repair (RR 28).
g. Management will keep the Community roads free from hazards and ensure reliable ingress, egress and use without unreasonable interruption.
8. ACCESS
a. Management may enter the mobile home lot under the following conditions:
i. when necessary to inspect the Lot;
ii. to make necessary or agreed repairs, alterations or improvements;
iii. to supply agreed upon services; or
iv. to exhibit the lot to prospective or actual purchasers, mortgagees, residents, workers or contractors.
b. Management may enter the mobile home without notice to, or permission from, the Resident in case of emergency, upon a reasonable belief that there is a likelihood of damage to property or interruption of utility services.
9. SALE OF HOMES LOCATED IN COMMUNITY
a. Prior to selling a home in the Community, the Resident shall notify Management of the name and mailing address of the prospective purchaser; and complete a Lease Application (RR 102 - 108).
i. Denial. If the purchaser and his/her household do not qualify under the admission policy or lease terms for the Community, Management will indicate so in writing to the Resident and prospective purchaser.
ii. Approval. If Management approves the prospective purchaser, Management will give the prospective purchaser the proposed written lease with sufficient time for review prior to occupancy.
10. MODIFICATIONS OF THIS LEASE
A copy of any new lease terms or rules and regulations superseding or supplementing the terms stated herein, including any increase in rent or utility charges, will be furnished to the Resident at least thirty (30) days prior to the effective date of any amendment, addition, or deletion of the existing lease terms or rules and regulations.
11. TERMINATION OF THIS LEASE BY THE RESIDENT
At least Thirty (30) days before the expiration for the term of this Lease, Resident shall give Management paid written notice of intention to surrender the Lot at the expiration of such term; and if such notice is not given, the Resident shall become a Tenant from month-to-month status and all other provisions of the Lease shall remain in full force and effect. In the event Resident occupies the Lot on a month-to-month basis, Resident must give a Thirty (30) day paid written notice to Management of Resident’s intention to vacate.
12. TERMINATION OF THIS LEASE BY MANAGEMENT
a. Management may terminate this Lease for nonpayment of rent or for violation of the Lease terms or Rules and Regulations.
b. Management must provide the Resident with written notice of eviction. If rent is owed, the notice must also state that the Resident has 5 days to pay the past due balance.
c. Management shall follow applicable State Law or go through the court process to evict a Resident. Management may not move a Resident's mobile home without Resident's permission or a written court order. Management also may not interrupt utility services in any way to try to force a Resident to leave the Community.
13. ABANDONMENT
a. A mobile home will be considered abandoned if the following conditions exist:
i. Appears to be unoccupied as a residence; or
ii. The rent for the lot is at least 30-days delinquent; and
iii. Management has attempted to contact the Resident at the Resident's home or last known place of employment without success.
b. Abandonment of the mobile home is a substantial violation of the Lease terms and shall result in a Ten (10) day notice to comply.
c. Management may sell the abandoned mobile home in accordance with applicable State laws.
14. FURTHER CONDITIONS AND AGREEMENTS
a. This Lease contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions and neither party has relied upon any representation, expressed or implied, not contained in this Lease. This Lease cannot be changed or supplemented orally. In the event that more than one person shall be or become Resident hereunder, then the obligations of Resident hereunder, shall be deemed to be the joint and several obligations of each such person.