RODGERS FAMILY HOLDINGS, INC.
HERITAGEVILLAGE
33 WATERVIEW DRIVE
GARDNER, MA01440
(978) 632-7375-(603) 882-3285
LIFETIME
MANUFACTURED HOMEPARK RENTAL AGREEMENT
This is an agreement of Lease made and entered this1stday of October, 2008, by and between HERITAGEVILLAGE (hereinafter called "Landlord") andJohn Doe(hereinafter called "Tenant").
In consideration of the mutual covenants hereinafter expressed the parties hereto agree as follows:
1. Landlord hereby rents unto Tenant and Tenant hereby rents from landlord the manufactured home space known as0Sunrise Lane(hereinafter called "premises") located in HeritageVillage, City of Gardner, Worcester County, Massachusetts.
2. Tenant agrees that Tenant will place on the premises the manufactured home, shed, fuel storage tank as follows: 28 X 52 1987 PatriotEnergymate, Model #000, Serial #0000. Tenant also agrees not to place or construct on the premises any other structure or addition or substitution of any kind without written authorization from Landlord.
3. THE RENT FOR THE PREMISES SHALL BE THE SUM OF $387.00 PER MONTH DUE AND PAYABLE ON THE FIRST DAY OF EACH CALENDAR MONTH THE FIRST SUCH PAYMENT TO BE DUE AND PAYABLE UPON EXECUTION OF THIS AGREEMENT. THE SAID MONTHLY RENTAL MAY BE INCREASED ON JULY 1 OF EACH CALENDAR YEAR COMMENCING WITH THE YEAR 2008 BY AN AMOUNT OF MONEY EQUAL TO THAT PERCENTAGE OF THE SAID MONTHLY RENT WHICH IS THE SAME PERCENTAGE AS ANY INCREASE IN THE UNITED STATES DEPARTMENT OF LABOR CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS AND CLERICAL WORKERS (ALL ITEMS) FOR BOSTON MASSACHUSETTS EARNERS AND CLERICAL WORKERS (ALL ITEMS) FOR BOSTON MASSACHUSETTS (1982-84=100) BETWEEN MARCH 1 OF THE PREVIOUS YEAR.
4. Landlord shall pay for all water and sewer charges assessed by the City of Gardner for the real estate on which the leased premises are located. Landlord shall also furnished and maintain public liability insurance insuring itself in the minimum amount of $1,000,000.00 per personal injury and $50,000.00 property damage.
5. IF THE AFORESAID WATER, SEWER CHARGES, TAXES, LICENSE FEES AND INSURANCE PREMIUMS INCREASE OVER AND ABOVE THE AMOUNT CHARGED AS OF JUNE 1, 2002, THE LANDLORD SHALL HAVE THE RIGHT TO INCREASE THE RENT TO BE PAID BY THE TENANT THEIR PROPORTIONAL SHARE OF THE SAID INCREASE UPON WRITTEN NOTICE NO LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE THAT SAID RENTAL INCREASE SHALL TAKE EFFECT.
6. Tenant shall pay as they become due all bills for electricity and other utilities not referred to in paragraph 4, above, which are used for furnishing heat and other purposes to their premises.
7. Tenant shall furnish and maintain its own public liability insurance of at least $100,000.00 for personal injury and property damage, including damage caused from fuel oil storage, use or transport (if applicable) and Tenant shall furnish and maintain its own fire and casualty insurance to cover tenant's personal property and the manufactured home described in paragraph 2, above. The foregoing insurance shall be in an amount satisfactory to the Landlord and Certificates of said insurance (including certificates from Tenant's fuel oil vendor (if applicable) shall be given by the Tenant to the Landlord upon the execution of this Agreement.
8. Tenant agrees to accept all responsibility and maintenance of their above ground fuel oil and propane tanks and all connecting lines. Due to the environmental liability associated with the above ground fuel oil storage tanks, all such tanks within the park’s premises shall be either properly containerized in a NFPA approved containment device (“Tank Tub” or similar) designed to prevent leakage in the event of fuel oil release; or shall be NFPA approved double walled tank, with an indicator/alarm in the event of external wall failure. In the event of fuel oil release from a Homeowner’s above ground fuel oil storage tank, all costs associated with it’s clean up in accordance with appropriate state and federal regulations and guidelines, shall be the sole responsibility of the Homeowner.
9. This Agreement shall commence on October 1, 2008. This lease, unless terminated by the parties in accordance with the terms set forth hereinafter, shall run for the term of the tenant's lifetime or 40 years (480 months), whichever occurs first. Tenant may terminate this agreement by sending to the Landlord a written notice no less than sixty (60) days before the first day of any calendar month and said written notice shall set forth the date of termination, and said date of termination shall take place on or after the aforesaid 60-day period.
10. Tenant shall use the premises only for residential dwelling purposes and for no other purpose without written consent of Landlord.
11. Tenant agrees that no more than 2person(s) shall ever occupy the manufactured home on the premises except for families and friends of the Tenant for visits, brief vacations, or holiday periods.
12. Tenant shall not sublet any part or the whole of the premises without the prior express written consent of the Landlord on each occasion. Tenant acknowledges that Landlord is an adult park for residents fifty-five (55) years or older and no children shall be allowed to live on the premises except (1) on a brief vacation or holiday, and (2) if the said children are part of the Tenant's family.
13. Tenant shall not assign any part or the whole of the premises without the prior written consent of Landlord on each occasion. Notwithstanding anything to the contrary contained herein in the event of death of the Tenant (or the last to decease of the Tenant if the Tenant is more than one person) the Landlord may terminate this agreement by sending written notice no less than ninety (90) days prior to the termination date; said written notice shall be sent by Certified Mail, Return Receipt Requested, to the Executor, Administrator or legal representative of the deceased Tenant.
14. Tenant shall at all times keep and maintain the premises repaired, whole and of the same kind, quality and description and in such good repair, order and condition as at the commencement of occupancy, or as may be put in thereafter, reasonable wear and tear only excepted. If Tenant shall fail to so keep and maintain the exterior of the mobile home on the aforesaid premises or the Tenant shall fail to so keep and maintain the premises, Landlord may enter upon the premises and make the necessary repairs and Tenant shall reimburse the Landlord for the cost of the repairs forthwith.
15. Tenant shall not change and shall not make nor permit any additions or alteration to be made to the premises without the prior written consent of the Landlord and at termination shall deliver up the premises and all property belonging to the Landlord in good, clean and tenantable order and condition reasonable wear and tear excepted.
16. Tenant shall maintain the premises in a clean condition and shall not sweep, throw or dispose of nor permit to be swept, thrown or disposed of, from said premises and dirt, waste, rubbish or other substance or article into any other premises or street except in proper receptacles and in accordance with the rules of Landlord.
17. Tenant agrees to indemnify and save Landlord harmless from all liability, loss or damage arising from any nuisance made or suffered on the premises by Tenant, Tenant's family, friends, relatives, invitees, visitors, agents or servants or from any carelessness, neglect or improper conduct of any such persons. All personal property in any part of the premises within the control of Tenant shall be at the sole risk of Tenant. Subject to provisions of applicable law, Landlord shall not be liable for damage to or loss of property of any kind which may be lost or stolen, damaged or destroyed while on the premises, or liable for personal injury unless caused by the negligence of Landlord.
18. Landlord may enter upon the premises (i) pursuant to a court order, (ii) if the premises appear to have been abandoned by a Tenant, (iii) in case of emergency, or (iv) as otherwise permitted by law.
19. Written notice from Landlord to Tenant shall be deemed to have been properly given if mailed by registered or certified mail, postage prepaid, return receipt requested to the Tenant at the premises and to the Landlord at the Landlord's normal business office. Not withstanding the foregoing, notice by either party to the other shall be deemed adequate if actually given in hand.
20. If any provision of this rental agreement or portion of such provision in the application thereof to any person or circumstance is held invalid, the remainder of this rental agreement (or the remainder of such provision) and the application thereof to other persons or circumstances shall not be affected thereby.
21. The waiver by Landlord of one breach of any term, condition, covenant, obligation or agreement of this rental agreement shall not be considered a waiver of that or any other term, condition, covenant, obligation or agreement or any subsequent breach thereof.
22. The vacating of the premises by Tenant shall not be deemed a surrender or acceptance of surrender of the premises not a termination of this rental agreement unless so stipulated in writing by Landlord.
23. Tenant shall be liable for all reasonable costs, attorney's fees and expenses that Landlord shall incur in enforcing this rental agreement. There shall be a late fee equal to 10% assessed any rental payment outstanding more than thirty days, and an interest charge of 2% assessed each month thereafter.
24. Tenant covenants and agrees that if Landlord shall remove Tenant's mobile home, goods or effects, pursuant to the terms hereof or of any Court order, Landlord shall not be liable or responsible for any loss or damage to Tenant's mobile home, goods or effects and the Landlord's act of so removing such goods or effects shall be deemed to be the act of and for the account of Tenant, provided, however, that if Landlord removes the Tenant's mobile home goods or effects, Landlord shall comply with all applicable laws, and shall exercise due care in the handling of such goods to the fullest practical extent under the circumstances.
25. This rental agreement may be terminated for reasons permitted under Chapter 140, Section 32A and the following Sections of the General Laws of the Commonwealth of Massachusetts as they are amended or may be amended from time-to-time or in accordance with any successor statutes thereto.
26. Tenant agrees to abide by the Rules and Regulations of Heritage Village attached hereto and made a part hereof as well as any additions deletions or amendments thereto which may be promulgated by Landlord from time-to-time hereafter in accordance with the procedure set forth in Massachusetts General Laws Chapter 140, Section 321, Subsection 5.
27. Tenant acknowledges that this rental agreement and the annexed Rules and Regulations of Heritage Village were fully disclosed to Tenant in writing, a reasonable time prior to time of rental and/or occupancy of premises, and Landlord acknowledges that any changes in said Rules and Regulations shall be either delivered or mailed to the Tenant or posted in Heritage Village in a place available for inspection by the Tenant.
28. The words "Landlord" and "Tenant" as used herein shall include their respective heirs, executors, administrators, successors, representatives, assigns, agents and servants; and the words "he", "his", "him" or "it" where applicable shall apply to the Landlord or Tenant regardless of sex, number, corporate entity, trust or other body. If more than one party signs as Tenant hereunder, the covenants, conditions and agreements herein of the Tenant shall be joint and several obligations of each such party.
Signed and sealed this _____day of ______20____.
HERITAGE VILLAGE/RODGERS FAMILY HOLDINGS, INC.
BY:______LANDLORD
______
TENANT
______
TENANT