APPLICATION FOR LEASING TARPON BAY VILLAS HOMEOWNERS ASSOCIATION, INC.

Transcription

1 APPLICATION FOR LEASING TARPON BAY VILLAS HOMEOWNERS ASSOCIATION, INC. Lease Agreement must be attached, together with the HOA required Lease Addendum, copy of drivers license(s), completed Request Authorization, and checks in payment of: $50.00 processing fee plus $30 background check fee per adult, payable to Advantage Property Management; $50 administrative fee payable to Tarpon Bay Villas Homeowners Association. Mail or hand deliver to: Advantage Property Management, 1111 SE Federal Highway, Suite 100, Stuart, FL Allow ten (10) days for processing. Office Phone (772) NO FAX OR APPLICATIONS ACCEPTED< MUST BE ORIGINAL. PLEASE COMPLETE ALL BLANKS (insert N/A if it does not apply, incomplete applications will be returned). Unit No. Current owner(s) name: Lease Beginning Date Ending Date Name of Lessee: Address: (in supplying address you are authorizing Tarpon Bay Villas HOA and Advantage Property Management to contact you via regarding HOA matters) Preferred Phone: mobile? (yes) (no) Employer: Supervisor and phone number: Additional adults on the lease (add pages if necessary): Name: Relationship Address: Phone: mobile? (yes) (no) Employer: Supervisor and phone number: Name of Children who will reside in the Unit: Name Age Name Age Relationship Relationship 1 P a g e

2 References: References: Phone: Phone: ****Tenants cannot have pets**** TRUCKS & MOTORCYCLES ARE NOT PERMITTED. THIS INCLUDES VISITORS. See also Rules and Regulations for Tarpon Bay Villas. Vehicle(s) Description: ****Each adult must attach copy of current driver s license**** Year Make Model Tag No. & State Year Make Model Tag No. & State I/We understand the approval of this Application is entirely discretionary with the TARPON BAY VILLAS HOMEOWNERS ASSOCIATION, INC. Board of Directors and that the Board s decision is final. Approval, however, will not be unreasonably withheld. I/We, the Lessee, do certify that I/We have received and carefully read a copy of the Tarpon Bay Villas Rules & Regulations. By signing below, I/We do hereby agree to abide by, in all respects, these Rules and Regulations and all recorded governing documents. Violation of the Rules and Regulations may result in fines, eviction or legal consequences. To the best of my (our) knowledge, the information given on the Application is true and accurate. Date Date Signature Lessee Signature Lessee TARPON BAY VILLAS HOMEOWNERS ASSOCIATION USE Date Received Date Approved Date Interviewed Date Disapproved Director Director 2 P a g e

3 TARPON BAY VILLAS HOMEOWNERS ASSOCIATION, INC. ADDENDUM TO LEASE THIS ADDENDUM made this day of, 20, is attached to and forms an integral part of the lease to lease to which it is attached, dated this day of, 20, for a term commencing the day of, 20 and expiring the day of, 20, (hereinafter referred to as the "Lease") by and between, (hereinafter referred to as "Owner" or "Lessor") and, (hereinafter referred to as "Lessee") for Parcel No. of Tarpon Bay Villas Homeowners Association, Inc., a Homeowners Association, located at 1100 SE Mitchell Ave., Parcel, Port St. Lucie, Florida 34952, (hereinafter referred to as the "Parcel"). In the event this Addendum conflicts with, varies or modifies the terms and provisions of said Lease, then in such event, the terms and provisions of the Addendum shall control and govern the rights and obligations of the parties. WITNESSETH: WHEREAS, Lessor is the Owner of the Parcel, and wishes to lease said Parcel to Lessee; and WHEREAS, Tarpon Bay Villas Homeowners Association, Inc., (the "Association"), pursuant to Article IX of the Declaration of Covenants, Restrictions and Easements for Tarpon Bay Villas (the "Declaration"), has the right to approve leases of parcels within Tarpon Bay Villas, a Homeowners Association (the Homeowners Association"); and WHEREAS, pursuant to Article IX of the Declaration, the Association has the authority to require that a substantially uniform form of lease be used and in connection therewith the Association is requiring that this Addendum to Lease form be executed by Lessor and Lessee. NOW, THEREFORE, in consideration of the terms set forth herein and other good and valuable consideration, the receipt and adequacy of which the parties hereby acknowledge, the parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Lessee shall abide by and comply with the provisions of the Declaration, By-Laws, Articles of Incorporation and all Rules and Regulations, as same may be amended from time to time (hereinafter referred to as the "Governing Documents") and shall comply with all laws, ordinances, regulations and administrative rules applicable to the Parcel including, but not limited to Chapter 720, Florida Statutes, (the "Homeowners Association Act"). By executing this Addendum, the Lessee (1) acknowledges receipt of the Governing Documents from the Lessor; (2) acknowledges review of same; and (3) acknowledges that the Lease is subordinate to the Governing Documents. 3. The parties acknowledge that the screening fee charged by the Association, not to exceed Fifty Dollars ($50) per applicant other than husband/wife or parent/dependent child, which are considered one applicant, had been provided to the Association simultaneously with the giving of notice to the Association of the parties' intention to lease the parcel. The parties further acknowledge that the payment of such screening fee is a condition precedent to the execution of the Lease. 3 P a g e

4 4. In the event Lessor is delinquent in the payment of any monthly maintenance assessments or special assessments due to the Association, the rent for the Parcel shall be applied by the Lessee to payment of any delinquent assessment or installment thereof due to the Association before payment of the balance, if any, of such rent to the Lessor. If any such assessments and installments are not paid within fifteen (15) calendar days after the due date, the Association shall notify the Lessor of such delinquency by certified and regular mail to the last address furnished to the Association by Lessor and shall notify Lessee of same by regular mail to the Parcel address. Upon receipt of such notice, Lessee shall immediately pay to the Association the amount of such delinquent assessment, including late fees, interest, collection costs and attorney's fees (if any), and shall deduct such sums paid to the Association from the rental payment. Notwithstanding the foregoing, in the event the sums owing to the Association exceed the Lessee's rental payment, Lessee shall not be obligated to pay any sums in excess of such rental payment to the Association. If any excess sums are due to the Association, the Lessee is authorized to continue to deduct such sums from each rental payment until such sums have been paid in full. Any such deductions by the Lessee shall not constitute a default by Lessee of Lessee's obligations under the Lease. 5. In the event the Lessee fails to pay delinquent assessments and costs and fees incidental thereto, the Lessee shall be deemed in default under the Lease and subject to eviction proceedings as described in Florida Statutes , in addition to all other remedies the Association shall have. The collection of rental payments from the Lessee shall not be deemed an election of remedies, and the Association may still proceed to collect under the Homeowners Association Act, including but not limited to the filing of a claim of lien, foreclosure, and personal money actions. 6. Lessee agrees to abide by this Addendum, the Governing Documents and all applicable laws, ordinances and regulations. If Lessee fails to comply with this Addendum, the Governing Documents or any applicable laws, ordinances and regulation, Lessor shall promptly commence action to evict Lessee. If Lessor fails to promptly commence action to evict Lessee, Lessor herby authorizes the Association as the Lessor's agent and attorneyin-fact, to commence eviction proceedings. In the event the Association files an action for eviction, the Lessor and Lessee shall be jointly and severally liable for all attorney's fees and costs, including appellate proceedings. Nothing contained herein shall be deemed to obligate the Association to commence eviction proceedings or to preclude the Association from pursuing any other available legal remedies. 7. The Lessor and Lessee shall be jointly and severally liable to the Association for any losses incurred by the Association or damages caused to the Common Elements, Association property or to any other third party resulting for the actions of the Lessor or Lessee. 8. Lessee shall not be entitled to occupy the Parcel prior to receipt of written approval from the Board of Directors as specified in Article IX of the Declaration. In the event the Lessee should occupy the Parcel prior to receipt of written approval, Lessee's application to lease the Parcel shall be deemed automatically withdrawn. 9. The Parcel shall be possessed, occupied and utilized solely for the purpose of a private single-family residential dwelling and for no other purpose. Pets are not permitted on leased premises. Lessee warrants and represents that the only occupants of the Parcel will 4 P a g e

5 be the following individuals:,,,. 10. The Association and/or its authorized agent(s) shall have the irrevocable right to have access to the Parcel as may be necessary for inspection, maintenance repair or replacement of any Common Elements accessible therefrom, or for making emergency repairs necessary to prevent damages to the Common Elements or other parcels. 11. The Lessee shall not assign the Lease, nor sublet or permit the Parcel or any part thereof to be used by others without the prior written approval of the Association. 12. The Lessee agrees not to keep anything in the Parcel which will increase the insurance rates of the Association or interfere with the rights of other residents of the Association by creating unreasonable noises or otherwise; nor shall Lessee commit or permit any nuisance, immoral or illegal act in the Parcel, or on the Common Elements, or the Limited Common Elements. 13. There shall be no extensions or renewals of the Lease without the prior written approval of the approval of the Association. 14. Lessee and Lessor specifically acknowledge that as of the expiration date of the term of the Lease, unless the appropriate documentation has been provided to the Association evidencing that the term of the Lease has been renewed, the Lessee shall have no access or use rights in the Association's property, including, but not limited to, all Common Elements and amenities except as an invited guest. In connection with the termination of the Lessee's use rights as specified above, Lessee and Lessor specifically acknowledge that unless the appropriate documentation has been provided to the Association evidencing that the term of the Lease has been renewed that all entry devices and/or other means for the Lessee to access the Homeowners Association and/or the Parcel shall be terminated and/or revoked as of the expiration date of the term of the Lease. 15. When used herein, the singular shall include the plural, the plural the singular and the use of any gender shall include all genders as appropriate. 16. The partial or complete invalidity of any one or more provisions of this Addendum, or any other instrument required to be executed by Lessee in connection with the leasing of the Parcel, shall not be affected thereby, and each and every term and provision otherwise valid shall remain valid and be enforced to the fullest extent permitted. The failure of any party hereto to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Addendum, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such terms, covenants, conditions or rights as respects further performance. 17. Nothing contained in the Lease, this Addendum, or the Governing Documents shall in any manner: (I) be deemed to make the Association a party to the Lease or this Addendum (except to the extent that the Association is an intended third party beneficiary of any of the covenants contained in the above referenced documents which are for the benefit and protection of the Association and are necessary to enable the Association to enforce its rights hereunder (II) create any obligation or liability on the part of the Association's 5 P a g e

6 approval of the Lessee pursuant to the liability based on the Association's approval of the Lessee pursuant to the Declaration, such approval being solely for the benefit of the Association), or (III) create any rights or privileges of the Lessee under the Lease, this Addendum, or the Governing Documents as to the Association. IN WITNESS WHEREOF the undersigned have executed this Addendum as of the date and year first above written. WITNESS: OWNER/LESSOR: Print Name: Print Name: WITNESSES: TENANT/LESSEE: Print Name: Print Name: Florida Law requires two (2) subscribing witnesses per signature on a valid lease. Please ensure that at least two (2) subscribing witnesses sign next to each Owner/Lessor and Tenant/Lessee. Add additional pages if necessary. 6 P a g e

7 Advantage Property Mgmt Tarpon Bay Villas / Ref# RESIDENTIAL SCREENING REQUEST First: Middle: Last: Address: City: ST: Zip: SSN: DOB (MM/DD/YYYY): Tel#: Cel#: Current Employer Company: N/A Tel#: N/A Supervisor: N/A Salary: N/A Employed From: N/A To: N/A Title: N/A Current Landlord Company: N/A Tel#: N/A Landlord: N/A Rent: N/A Rented From: N/A To: N/A I have read and signed the Disclosure and Authorization Agreement. SIGNATURE: DATE: 7 P a g e

8 DISCLOSURE AND AUTHORIZATION AGREEMENT REGARDING CONSUMER REPORTS DISCLOSURE A consumer report and/or investigative consumer report including information concerning your character, employment history, general reputation, personal characteristics, criminal record, education, qualifications, motor vehicle record, mode of living, credit and/or indebtedness may be obtained in connection with your application for residence. AUTHORIZATION You hereby authorize and request, without any reservation, any present or former employer, school, police department, financial institution, division of motor vehicles, consumer reporting agency, or other persons or agencies having knowledge about you to furnish AmeriCheckUSA with any and all background information in their possession regarding you, in order that your residence qualifications may be evaluated. You also agree that a fax or photocopy of this authorization with your signature be accepted with the same authority as the original. READ, ACKNOWLEDGED AND AUTHORIZED Print Name Signature Date For California, Minnesota or Oklahoma applicants only, if you would like to receive a copy of the report, if one is obtained, please check the box. 8 P a g e

9 TARPON BAY VILLAS HOMEOWNERS ASSOCIATION, INC. Rules and Regulations The following regulations are set forth so that all residents may enjoy and be proud to reside at Tarpon Bay Villas. Restrictions we impose upon ourselves are for our mutual benefit and comfort. 1. Garbage Monday and Thursday are pick-up days. Garbage in tied plastic bags or tightly sealed cans may be placed outside on the morning of pick-up. Recycles are picked up on Thursdays only. Yard trash and debris are picked up on Fridays. Trash cans and recycling containers must be stored out of sight on non-pick-up days. 2. Vehicles Only vehicles classified as passenger automobiles or windowed passenger vans may be parked on Association property. No other vehicle and objects, including but not limited to trucks (except for small pickup trucks up to a maximum ½ ton load capacity {Department of Transportation Class 1 or 2} that are utilized for personal transportation are permitted provided the truck bears no commercial marking; it has not been modified to have an extended cab or bed, an extra wide wheel base, dual wheels, or oversized wheels; there is nothing exposed in the truck bed; there are no excessive noise emissions emanating from the vehicle), motorcycles, trailers and boats, will be parked or placed upon any portion of the property unless prior written approval is received from the Association. Except for The Board of Directors of the Association for the purpose hereof, may solely determine whether a vehicle is or is not a passenger vehicle and such decision will be binding upon all Owners, their tenants, guests and invitees. Vehicles of tradesmen and working personnel are exempt for the duration of time required to complete their work daily. Due to limitations in space, only two (2) cars may be permitted per household. Cars must use assigned parking for the building in which the Dwelling Unit is located. 3. Clothesline Clotheslines are prohibited and no article is permitted to be draped or hung-over fences, shrubs or balconies. 4. Pets ****Tenants & guests cannot have pets**** Pets must be on a leash at all times when outside the unit and on Association property. Pets must be walked outside the Tarpon Bay Villa complex. All excrement must be picked up and removed promptly. Section of the Port St. Lucie Code is enforceable in this entirety. 9 P a g e

10 It shall be unlawful for any person to keep, harbor, own or maintain any domestic pet which causes a noise disturbance by barking, yelping, howling, screeching, squawking, chirping, cawing, crowing or whistling between the hours of 11:00 p.m. and 6:00 a.m. or barking, yelping, howling, screeching, squawking, chirping, cawing, crowing or whistling for continuous periods of five (5) minutes or more at any time. Tenants and Guests cannot have pets. 5. Signs No owner, resident, guest, invitee or his agent may place For Sale, For Rent or any signs on any portion of property within Tarpon Bay Villas including vehicles. 6. Personal Property Personal property shall not be stored outside of units. 7. Washing Vehicles Water inside the unit is metered city water. There will be no washing of vehicles with city water. Well water spigots located in the lawn area are to be used for this purpose. 8. Disturbing Noise or Actions No owner or resident may permit any resident, guest or invitee to make any disturbing noises or create any disturbance that will interfere with the rights, comforts or convenience of others. Stereos, televisions, radios or musical instruments must be played in a reasonable manner to not to disturb other residents. 9. Antennas No exterior radio or television antenna installation or other wiring shall be made without the prior consent of the Board of Directors. 10. Alteration of Unit Unit owners are specifically cautioned that their right to make an addition, change, alteration or decoration to the exterior appearance of any portion of the unit is subject to the provisions of the Declaration of Covenants, Restrictions and Easements. Requests for such additions, changes or alterations must be presented in writing to the Board of Directors for approval accompanied by written plans or drawings and specifications. 11. Maintenance Responsibility Each Owner shall be responsible for all maintenance, repair and replacement of the Dwelling Unit including but not limited to, roofs, fences, screens, painting, window repair and replacement as well as all internal portions of the Dwelling Unit. The three-foot area extending from the outside walls of a Dwelling Unit, which is not a part of the Common Areas, shall be used only for planting of shrubs, bushes and small trees. No fences, walls or other structures may be constructed, erected or placed in this area. Statutes and other ornaments such as hanging plants and or potted plants are not acceptable outside of the 10 P a g e

11 fenced areas. No decorations are permitted on the top of the fences or attached to the exterior fences. Any damage to other Dwelling Units by such prohibited statutes and other ornamentations will be the responsibility of the Owner of the item. 12. Painting Before painting the exterior of a unit, the owner shall notify management so that compliance with the color scheme may be verified. 13. Procedures for Owner s Absence Each Owner or occupant who plans to be absent from his Dwelling Unit, including the hurricane season, must prepare his Dwelling Unit prior to his departure by (a) removing all furniture and other objects from his courtyard prior to his departure, and (b) designate a responsible firm or individual to care for his Dwelling Unit and car, should it suffer damage and furnishing the Association with the name of said firm or individual. Such firm or individual shall contact the Association for clearance to install or remove hurricane shutters. All Owners shall provide a key to the Unit to the Association in the case of an extended absence. The Association will strictly guard the use of the keys. In the absence of an Owner for an extended period, the Owner must notify Management or the Board in writing about any person who is permitted access to the Dwelling Unit and any vehicles to be parked on the property that do not belong to the Owner. 14. Leasing All leases of Dwelling Units shall be subject to review and approval by the Association. Owners intending to lease Units shall give the Association advance notice of at least thirty (30) days prior to intended occupancy. All leases shall be for a minimum of six (6) months duration and at no time shall subleases or partial occupancy of any Units be permitted. If the proposed lease is disapproved for failure to comply with any of the Association documents or criminal history, including the reasonable rules and regulations, then the lease shall not be made. The Member proposing to lease his Unit shall supply to the Association all information it shall require about the proposed lease, including a copy of the lease document. Forms approved by the Association are required. A lease review fee and administrative fee may be charged by the Association in an amount to compensate the Association for reasonable costs incurred in the investigative process. Subsequent to the date of adoption to this Third Amended Declaration of Covenants, Restrictions and Easements, purchasers must reside in their Unit for a period of one (1) year before a lease may be permitted. Tarpon Bay Villas are designed for a single-family residential use only. No unit shall be occupied by more than six (6) persons at any one time. Single family is defined as follows: One or more persons related by blood, marriage or adoption. At no time shall there be more than two (2) married couples of the same family in regular residence. No more than two (2) unrelated people will be permitted to reside together as a single family. Any extension or renewal of a current lease is subject to resubmission and re-approval by the Association. 11 P a g e

12 15. Sale of Unit The Management Company shall be notified when a property is listed for sale and prior to the sale of the property and application for Sale must be submitted along with a copy of the Sales Contract. Seller must give the Association advance notice of at least thirty (30) days prior to closing. Forms approved by the Association are required. A sale review fee and administrative fees are charged by the Association in an amount to compensate the Association for reasonable costs incurred in the investigative process. All questions, complaints and suggestion should be in writing and directed to: TARPON BAY VILLAS HOMEOWNERS ASSOCIATION 1111 SE Federal Highway, Suite 100 Stuart, FL P a g e