BROOKSIDEMANUFACTURED HOME SITE LEASE AGREEMENT
1.PARTIES. This Lease Agreement (the "Lease") is made this ______day of ______, 20__ by and between , Robert C. Fulton ("Lessor"), and the following individuals (collectively, "Lessee"):
NAME(D.O.B.)(S.S. NO.)
(a)______
(b)______
(c)______
(d)______
(e)______
The term Lessee, as used in this Lease, means and includes the terms “Lessee,” “Manufactured Home Occupant” and “Manufactured Home Lessee,” as each of those terms are defined in the Manufactured Home Community Rights Act, as amended, 68 P.S. §398.1 et seq. (the “Act”).
The following persons, who are not Lessees, are permitted to reside with Lessee, until such time as Lessor, in its sole discretion determines otherwise and provides notice to Lessee:
NAME(D.O.B.)(S.S. NO.)
(a)______
(b)______
(c)______
(d)______
(e)______
2.SPECIFICS. Lessor shall rent to Lessee the specific manufactured home site, together with 2 parking spaces (collectively, "the Premises"), at the base rental charge, security deposit and for the period of time, all as indicated below:
LOT NUMBER / TYPE / LEASE DATES-INITIAL PERIOD / MOVE-IN DATE
Manufactured Home Lot / From:April 1, 2011
To: April 30, 2011 / N/A
BASE MONTHLY RENT
$342 / SECURITY DEPOSIT
1 month rent - already paid / PRO-RATA RENT
0.00 / OTHER CHARGES
See Paragraph
12 below
3.USE OF THE PREMISES. Lessee shall have the right to place one (1) manufactured home, as defined in the Act (the "Home") on the Premises; provided, however, that the Premises and the Home shall be used for Lessees residential purposes only. No one shall live in the Premises or the Home other than those named above unless prior written approval is given by Lessor.
4.TRANSFER BY ASSIGNMENT, SUBLEASE, OR SALE. Lessee shall not transfer possession of the Premises by sublease or assignment without Lessor's prior written consent. Lessee shall have the right to sell the Home; provided, however, that Lessor reserves the right to approve the purchaser of the Home, if the home will remain in the community, which approval shall not be unreasonably withheld.
5. ILLEGAL ACTIVITY BY LESSEE. Lessee shall occupy and use the Premises and the common areas of the manufactured home community in which the Premises are located (the "Community") in compliance with all Federal, State and Local laws, ordinances and regulations now in force or hereafter enacted and imposed. Violation of such laws, ordinances and regulations by Lessee shall be a violation of this Lease, and shall permit Lessor to exercise any and all remedies provided by this Lease, including eviction.
6.LIABILITY OF LESSEE. Each person listed in Paragraph 1 above and designated as "Lessee" shall be individually and jointly responsible for fully performing all of Lessee's obligations under this Lease. If there is more than one Lessee, any notice required or permitted by the terms of this Lease may be given by or to any one of the Lessees, and will have the same force and effect as if given by or to all of the Lessees.
In the event that more than one person is Lessee under this Lease, or in the event that a Co-signer/Guarantor signs this Lease, Lessor or its representative may proceed with its available legal remedies against any or all of the Lessees and/or Co-signers/Guarantors, and the liability of each shall be “joint and several.” This means that Lessor can sue any one or more of the Lessees or Co-signers/Guarantors for violations of this Lease.
7.PROPERTY RULES. Lessee shall conform to Lessor's Rules and Regulations governing the Community (the "Rules"), which are attached to this Lease as Exhibit "A" and made a part thereof. Lessor shall have the right during the term of this Lease to change or add to the Rules in its discretion. No change or addition to the Rules shall become effective until Lessee has been provided with a written copy of the changed or added Rules, and such changes are posted, as required by the Act. Lessee agrees that a violation of the Rules shall be a violation of this Lease. Violations of the Rules shall permit Lessor to exercise any and all remedies provided by this Lease.
8. POSSESSION. Lessor shall not be liable to Lessee for any failure to give Lessee
possession of the Premises ("Possession") at the start of this Lease, nor shall any such failure constitute a breach under this Lease. However, Rent shall only be charged from the date on which Possession is made available to Lessee, and any such pro-rata charge shall be indicated in Paragraph 2 above. If Lessor cannot give Lessee Possession within 30 days after the starting date of this Lease, Lessee shall have the option to cancel this Lease.
If Lessor allows Lessee to occupy the Premises prior to the beginning of the term of this Lease, such occupancy will be conditioned on and subject to all of the terms of this Lease, and Lessee will pay, prior to occupying the Premises, rent pro-rated for period of the early occupancy.
9.SECURITY DEPOSIT.
(a) Return of Security Deposit. If Lessee complies with the terms, agreements and conditions of this Lease, Lessor shall return this Security Deposit to Lessee as and if required by law. Lessor may refuse to return the Security Deposit if Lessee has breached any term, agreement or condition of this Lease, in accordance with law.
Lessor shall have the right to use as much of the Security Deposit as is necessary to pay for damages resulting from Lessee's occupancy of the Premises. If such damage occurs prior to termination of this Lease, Lessee shall replace the amount, if any, of the Security Deposit used by Lessor to repair such damage. It is expressly understood by the parties that nothing in this Paragraph shall preclude Lessor from refusing to return the Security Deposit (including any unpaid interest) to Lessee due to the nonpayment of Rent or other breach of this Lease by Lessee.
Upon termination of this Lease, or surrender and acceptance by Lessor of the Premises, Lessee shall provide Lessor with Lessee's new address, in writing.
(b) Sale of the Community. If Lessor sells the Community, Lessor may transfer the Security Deposit to the new owners of the Community for Lessee's benefit. Lessor shall notify Lessee of any such sale and transfer, whereupon Lessor shall be released of all liability relating to the Security Deposit.
10.UTILITIES.
(a) Lessor's responsibility. Lessor shall pay for the following utilities:
( ) Electricity( X ) Trash Removal
( X ) Sewer & water( ) Phone
( ) Gas-Heat( ) Cable-TV
( ) Gas-Range and Hot Water( ) ______
(b) Lessee's responsibility. Lessee shall pay for the following utilities:
( X ) Electricity( ) Trash Removal
( ) Water & Sewer(X ) Phone
( X ) Gas-Heat(X ) Cable-TV
( X ) Gas-Range and Hot Water( ) ______
11.RENT PAYMENT. Lessee shall pay, without notice or demand by Lessor, all rent and additional rent due and payable as set forth in Paragraph 2 above (the "Rent") by check, money order or credit card at the rental office on or before the first (1st) day of every month. Time is of the essence. Acceptance by Lessor of a check for payment of Rent is conditional and Rent shall not be deemed to be finally paid until payment of the check by Lessee's bank. No payment by Lessee, or receipt by Lessor, of an amount less than the full amount of Rent, shall be deemed to be an accord and satisfaction, nor shall any statement on any check or letter accompanying any such partial payment be considered an accord and satisfaction. Lessor reserves the right to accept a partial payment of Rent without prejudicing Lessor's rights to recover the balance of the Rent due and owing, or to pursue Lessor's available remedies. Lessee hereby waives any right to set-off the Rent according to any other claim against Lessor.
MAKE CHECK OR MONEY ORDERS PAYABLE TO: Robert C. Fulton. Rent payments should be sent to: A. hunter Property management, po box 224, annville, pa 17003
If any check issued to Lessor for payments due under this Lease is returned by Lessee’s or Lessor’s bank without payment, for any reason whatsoever, Lessor may require that Lessee pay all further rent payments by certified check or money order. If Lessor does this, Lessee agrees to pay all future rent as instructed by Lessor.
12.CHARGES.
(a) Late charge for non-payment of rent. If any installment or portion of rent or additional due from Lessee is not received by the [first (1st)] day of every month, Lessee shall pay to Lessor an additional sum of thirty ($30) dollars as a late charge for each month the rent is past due. Lessee agrees this late charge is fair and reasonable.
(b) Service charge. A service charge of thirty dollars ($30) shall be imposed for each check returned unpaid due to non-sufficient funds or for any other reason.
(c) Water and Sewer Charge. Lessee shall pay Lessor a monthly charge for the provision of water service to the Premises, which monthly charge shall be calculated based on the rates of the closest local municipality. Lessor shall have the right to increase the monthly charge for the provision of water service upon thirty (30) days' notice to Lessee, such notice to be posted in the Community and mailed to Lessee.
(e) Other Charges. Lessor shall have the right to impose such other charges as are set forth in the Rules.
(f) Pet Fees 1 Dog $15/per month
(g) Extra Vehicles $25
(h) Extra persons $25
13.TAXES. Lessee shall pay all county, municipal, and school district real estate taxes assessed and levied against the Home or any personal property located in the Home and on the Premises, and shall promptly furnish to Lessor, upon Lessor's request, proof of payment of such taxes. Failure by Lessee to pay such taxes, when due, shall be a violation of this Lease and shall permit Lessor to exercise any and all remedies provided by this Lease, including eviction.
14.NO WAIVER BY LESSOR. Lessor shall have the right to require strict compliance with the terms, agreements, and conditions of this Lease without having insisted upon strict compliance at all times during this Lease. No conduct inconsistent with this right shall be a waiver of such right, nor create a custom or modification of this Lease.
15.DEFAULT IN RENT---RIGHT TO ACCELERATE RENT. In the event of a default in the payment of Rent, Lessor shall have the right to immediate payment in full of all Rent and additional charges reserved for the remainder of the unexpired term of this Lease. Lessor shall also have the immediate right to enforce collection of these payments against Lessee. Notwithstanding this right to accelerate Rent, in the event of a default in the payment of Rent or any other obligation owing under this Lease, Lessor shall also have the right to exercise all other necessary actions and due processes of law to collect damages and money owing to Lessor based on the then-applicable laws of the Commonwealth of Pennsylvania, including ejectment and eviction proceedings when necessary.
16.RENEWAL AND CHANGES IN LEASE TERMS.
(a) Automatic Renewal. After the initial period of this Lease, as indicated in Paragraph 2 above, this Lease Renews Automatically for a like period and on like terms and shall continue to so renew until properly terminated by either Lessor or Lessee.
(b) Change in Terms. If Lessor desires to change the terms of this Lease (such as, but not limited to, increasing the rent or changing the length of the term of this Lease), Lessor will give written notice of such proposed change(s) to Lessee.
(c) Leases with Terms of Sixty (60) Days or Less. If the term of this Lease is sixty (60) days or less, the notice required in this paragraph 18 will be no fewer than fifteen (15) days prior to the end of the then current term of the Lease. Lessee will deemed to have accepted the proposed changed terms, and this Lease will renew on such terms, unless Lessee notifies Lessor, within ten (10) days after receipt of Lessor’s notice of the changed terms, that Lessee does not accept the proposed terms and will not renew this Lease, and Lessee vacates the Premises by the end of the then current term.
17.EARLY TERMINATION. Lessee shall be responsible for Rent for the entire period of this Lease, even if Lessee moves out early with or without permission of Lessor. In addition, Lessee agrees to pay a fee in an amount equal to one month's rent to cover costs of refurbishing and renting the Premises if Lessee moves out before the end of term of this Lease, including any extension or renewal thereof.
18.MOVE-OUT.
(a) Delivery at Expiration of Term. Lessee shall remove the Home and deliver the Premises to Lessor at the end of the term of this Lease, leaving the Premises clean and in good order, reasonable wear and tear excepted. Within fifteen days prior to removing the Home from the Premises, Lessee shall obtain the necessary removal permit from the local tax office, and provide a copy of this permit to Lessor. Immediately prior to delivering the Premises to Lessor, Lessee shall (1) jointly inspect the Premises with a person from the management staff, (2) indicate then-existing conditions, and (3) sign and date the duplicate form provided by Lessor. Lessee agrees that any personal possessions remaining in the Premises after Lessee moves out shall be deemed abandoned by Lessee and that Lessee shall be responsible to pay or reimburse Lessor for the costs of removing and disposing of such possessions.
(b) Abandonment. The rules governing abandoned manufactured homes are set by statute. A copy of the statute is attached to this Lease as Exhibit C.
19.CARE OF THE PREMISES/HOME.
(a) Sanitation. Lessee shall keep the Premises and the Home clean, sanitary and safe, as by (1) removing from the Premises all rubbish, garbage and other organic or flammable waste in a clean and sanitary manner; (2) complying with any established recycling procedures; and (3) keeping all plumbing fixtures in the Home clean and sanitary.
(b) Vandalism. Lessee shall not, nor permit any other person to, destroy, deface, damage, impair or remove any part of the structure of the Premises or its facilities, equipment or appurtenances.
(c) Disorderly Conduct. Lessee shall not use, nor allow to be used, the Premises or the Home for any disorderly or unlawful purpose. Lessee shall not cause hurt, inconvenience or discomfort to any employee of Lessor or any other Lessee of the Community.
(d) Smoke Detector/Fire Extinguisher. Lessee shall maintain a smoke detector in the Home and ensure that it is in proper operating condition at all times. Lessee shall also maintain a fire extinguisher in the Home and ensure that it is in proper operating condition at all times.
(e) Hazardous use. Lessee shall not keep on or about the Premises, the Home or the Community anything dangerous, flammable, explosive or which might increase the danger of fire or other hazard.
(f) Maintenance of Premises. Lessee shall keep and maintain the yard, sidewalk and driveway of the Premises clean and free from ice, snow, leaves and garbage, and otherwise in good and clean condition. Lessee shall maintain the yard of the Premises, cut and trimmed at all times to a height of [three (3) inches]; provided, however, that in the event Lessee fails to so maintain the yard, Lessor shall have the right to do so and bill Lessee for the cost, which bill shall be immediately payable upon demand.
20.INSURANCE. Lessee shall maintain insurance on the Home, which insurance shall cover (1) damage to the property of Lessee or Lessee's guests, and (2) injury to persons occurring on or about the Premises. Lessee, upon request by Lessor, shall provide Lessor with written evidence of such insurance, such as a Certificate of Insurance. (3) Tenant shall provide proof of liability insurance of no less than $100,000.
21.DAMAGE/INJURY.
(a) The Premises. Damage to the Premises caused by Lessee or Lessee's guests shall be repaired by Lessor; provided, however, that the costs of such repairs shall be billed to the Lessee and shall be immediately payable on demand. Lessor shall not be liable for any injury to person or property due to damage to the Premises unless such injury arises from the gross negligence or intentional act of Lessor or Lessor's agents.
(b) The Home. Lessor shall not be responsible for any damage to the Home or to any personal property therein, or any injury to person or property occurring within the Home, unless such damage or injury arises from the gross negligence or intentional act of Lessor or Lessor's agents.
(c) Indemnification of Lessor by Lessee. Lessee shall be responsible for, and indemnify Lessor against, any and all obligations, costs, liabilities, claims, damages or lessors (including reasonable attorney fees and court costs) which may be imposed upon or incurred by Lessor in connection with loss or damage to property or injury to persons resulting from any act or omission by Lessee or Lessee's guests.
This means that if Lessor pays any money, including court costs and attorney’s fees, as a result of any loss or damage to property or injury to persons resulting from Lessee’s actions or omissions or the acts or omissions of Lessee’s family, guests, or other person on the Premises or Community with Lessee’s permission, Lessee agrees to be responsible for and will pay or reimburse Lessor all of those payments made or incurred by Lessor, including court cost and attorney’s fees.