Dixie Downs RV Resort
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1 Dixie Downs RV Resort RV SPACE RENTAL AGREEMENT I. This lease is entered into between (hereinafter referred to as "Lessee"), and The Pelch Family (hereinafter referred to as "Lessor"), and is effective this day of, of the year, and shall continue from that date for a period of months expiring on the day of, 20. II. In consideration of Lessee's payment of rent and agreement to and compliance with the other provisions set forth in this Lease, Lessor hereby leases to Lessee, the Lot located at (lot number) (hereinafter referred to as "the Lot") in the Dixie Downs RV Resort Mobile Home Park, in Saint George, Utah, for the following RV mobile home (model and year), serial number. III. Lessor shall retain the right to designate RV space. Every effort shall be made to assign Lessee the RV space of his/her choice; however the rights of other lessees and the Lessor's business judgement shall also be relevant factors in the assignment of RV space. IV. This lease permits occupancy by the Lessee and additional persons only in accordance with the Homeowners Association Rules, Regulations, and Guidelines, and the Declaration of Covenants, Conditions, and Restrictions of The Dixie Downs RV Resort. V. Lessee shall pay Lessor lot rent in the amount of Dollars ($ ) per month, beginning on,. Unless other arrangements have been made in advance in writing, lot rent is due and payable without notice on the first day of each month, and must be paid no later than the fifth of each month. VI. Lessor may refuse to rent RV space to any person for any reason. VII. Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned RV space without the express written content of the Lessor. VIII.Lessee agrees not to hold Lessor liable for any loss caused by any storage, transporting or commissioning caused by weather or any other event, beyond the control of the Lessor.
2 IX. Use of any open flame device, toxic chemicals or any other hazardous equipment or supplies in the RV park is prohibited. X. Lessee 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 park for health, safety or aesthetic reasons. Lessee must keep the Lot clean, weeded, and free of any litter around the home. XI. Lessee shall use the RV park and attached facilities for reasonable typical activities. Lessee shall keep the area clear of all obstructions. Lessee agrees not to dispose of waste or trash (including treated or untreated sewage from heads or holding tanks) in the RV park. Lessor shall not permit Lessee to cause damage to the RV space through excessive wear and tear, create any unnecessary disturbance or nuisance, or store rubbish on the RV space. XII. Lessee may work on his/her RV in the RV park as long as such work does not interfere with the rights of other Lessees or the operation of the RV park. If Lessee wishes to have someone other than himself or an employee of Lessor work on his RV in the RV park, prior written approval must be obtained from Lessor. XIII.If Lessee violates any of the terms and conditions contained in this Agreement or those posted in the park office, Lessor shall have the option of terminating his Agreement upon ten (10) days written notice to Lessee. Lessee must remove his/her RV from the RV park prior to the end of the ten (10) day period. XIV.Lessee agrees to reimburse Lessor for reasonable attorney fees and cost relating to a suit or other collection efforts by Lessor against Lessee to collect any amounts due under this Agreement. XV. If Lessee fails to remove in a timely manner his/her RV and equipment from the rented space at the termination of this Agreement, Lessor shall have the option of: A. charging Lessee daily rent on a pro rata basis for the RV space occupied; or B. taking possession of the RV and equipment and locking it to the space occupied; or C. moving the RV and equipment to another location; or D. pursuing any other remedy available under law. 2
3 XVI.INSURANCE - Lessee agrees to have the RV covered by a full insurance package. Lessee agrees to release and discharge Lessor from any and all responsibility or liability for injury (including death), loss or damage to persons or property in connection with Lessor's RV facility. This release and discharge shall cover without limitation any loss or damage resulting from Lessor's employees parking or hauling Lessee s RV vandalism, theft, fire, haul, water, wind, collision, ice, rain, or any other act of God. XVII.Waiver - Without limiting paragraphs 8 or 16 hereof, Lessee, except for damages arising from intentional acts of Lessor, hereby irrevocably waives any right to make any claim against Lessor (or its insurer) for damages to Lessee's personal property while said personal property is located on Lessor's property. XVIII.The failure of Lessor, on one or more occasions, to enforce any term of this agreement shall not act as a waiver of the Lessor's right to enforce that or any other term of this agreement at any time or any other occasion. XIX.Lessor shall not be liable for personal injury, property loss or property damage to the above-described RV, and accessories or the contents thereof, due to fire, flood, theft, vandalism, collision, windstorm, rain, hurricane, loss of electric or other casualty loss, or the ordinary negligence of Lessor, its employee and agents. The Tenant for himself, his family, invitees, employees, agents, heirs, assigns and subrogees hereby releases and agrees to hold harmless Lessor and all of its employees and agents for any and all liability for personal injury, losses of life and property damage: (1) arising out of the ordinary negligence of Lessor or its employees and agents in connection with Lessor's premises, or in the use of the storage space; (2) in connection with the Tenant's RV and accessories while it is on the premises or while it is being moved, or hauled; (3) for loss or damage to the Tenant's RV and accessories or contents thereof due to fire, theft, vandalism, collision, windstorm, rain, hurricane or other casualty loss. The indemnification provided herein shall include all costs, expenses and reasonable attorney's fees, including appellate attorney's fees incurred by Lessor in the defense of any action based on the foregoing, including any action brought by the Tenant, his family, invitees, agents, heirs, assigns or subrogees. XX. Lessee shall pay directly for all utilities, services and charges provided to the premises, including any and all deposits required, except for the following, which shall be paid by Landlord: Water, sewer, and basic cable. 3
4 XXI.Lessor retains the right to issue finance charge on balances overdue by 30 days as per terms of Lessor. XXII.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, express 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 Lessee hereunder, shall be deemed to be the joint and several obligation of each such person. XXIII.Lessee acknowledges receipt of the Park Rules and Regulations, attached to this Lease as Appendix A, and agrees to abide by them as conditions of this lease. XXIV.The Dixie Downs Homeowners Association Rules, Regulations, and GuidelinesPark Rules are attached hereto as Appendix A, and they, and any future amendments thereto, are expressly made a part of the Lease Agreement, and Lessee agrees to abide by such Park Rules. XXV.Any notice required to be given to any party hereto shall be sufficient if mailed and addressed as follows: To Lessor: The Pelch Family c/o S K Pelch 9955 South 475 East Sandy, Utah To Lessee: 4
5 Signed and Accepted: Owner/Agent (Lessor) Date Lessee(s) Date TENANT (S) certify that all of the printed matter of this agreement has been read and the terms and conditions set forth herein are fully understood. Tenant (s) further certify that they have examined the space in which the subject RV is to be placed and find it suitable and acceptable. TENANT (S) further acknowledge and hereby agree that the terms of this Agreement, including the releases and waivers in paragraphs 8,16,17, and 19, are a material part of this RV SPACE RENTAL AGREEMENT and are incorporated herein to the RV SPACE RENTAL AGREEMENT and for the purposes hereof the terms "Landlord" and "Lessor" are interchangeable and the terms ''Tenant" and "Lessee" are interchangeable. 5
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