Tenancy Agreement. This tenancy agreement made this day of 20. Between: SCC HOLDINGS ND I, LP (the Lessor ) and. (the Lessee )

Transcription

1 Tenancy Agreement This tenancy agreement made this day of 20. Between: SCC HOLDINGS ND I, LP (the Lessor ) and (the Lessee ) WHEREAS SCC Holdings ND I, LP is the owner of Sand Creek Estates (sometimes referred to as the Property or Community ) and is empowered in connection with all matters relating to the management of the Community including entering into leases, collection of rents, making repairs and fulfilling and administering all terms of this tenancy agreement. 1. PARTIES TO AGREEMENT: The parties to this Manufactured Home Pad ( Home Site ) Tenancy Agreement (herein also referred to as the Agreement or Tenancy Agreement ) agree to be legally bound to and obey the terms of this Agreement. Between: Lessor s Legal SCC Holdings ND I, LP Mailing Address: rd Street West, Williston, North Dakota, Office Phone: (701) And: Lessee s Legal Lessee s Legal 2. OTHER OCCUPANTS: In addition to the Lessee, the full names of all people (adults and children) who will be living on the premises are as follows. The Lessee will inform the Lessor in writing of any changes in permanent and/or temporary occupants as changes occur. 3. FOR RENTAL OF A MANUFACTURED HOME PAD (HOME SITE) LOCATED AT: Name of Park: Address: SAND CREEK ESTATES MANUFACTURED HOME COMMUNITY For more than one Home Site, please see Schedule A. 4. COMMENCEMENT DATE AND LENGTH OF TENANCY AGREEMENT: The term of this Tenancy Agreement shall be months, such term to commence on, 20, and terminate on, 20, unless otherwise terminated as provided in this Agreement. 5. RENT: In consideration for the leasing of the above-described property, Lessee agrees to pay rent to the Lessor $ per month per Home Site: Lessee agrees to pay the rent to the Lessor in advance on or before the FIRST day of each month.

2 If the Lessee fails to pay the rent on time and in the proper amount, the Lessee is in breach of the Agreement. Late payments and / or NSF checks may result in service charges by the Lessor and / or termination of this Agreement. 1. Rent paid after the fifth (5 th ) of the month will be assessed a $25.00 late payment penalty. 2. Rent paid after the fifteenth (15 th ) of the month will be assessed an additional $45.00 late payment penalty. 3. Rent not received by the end of the month will result in an eviction notice being issued. Lessee agrees an NSF check return charge of $50.00 is payable to the Lessor whenever a check for rent or other charges is returned to the Lessor unpaid from the Lessee s bank or financial institution, as well as the applicable late payment penalty will be charged to your account and becomes due and payable immediately. Lessee agrees that the Lessor may, from time to time, increase the charges for the late payment of rent or for NSF checks. Payment of rent is payable on or before the commencement date above, and each subsequent payment of which is payable on or before the first day of each month thereafter, during the entire term of the Agreement. Such payments shall be made at Lessor s address as set out in Section 1 of this Agreement. SERVICES, AMENITIES AND FACILITIES INCLUDED IN RENT: Water Garbage Disposal Sewage Disposal Property Taxes on the pad (Home Site) or land Snow Plowing (main roadways only) Lawn Maintenance 6. PETS: The Lessee will adhere to the rules regarding pets as detailed in the Community Rules. Having regard for the quiet enjoyment of all residents, occupants and invited guests in the manufactured home community, the Lessee shall not keep or allow to be kept, any pets, such as dogs, or cats, domestic or wild, fur bearing or otherwise, unless specifically permitted in writing by the Lessor acting reasonably. Where the Lessor has given permission for any pet in writing, the Lessee shall ensure that the pet does not disturb other persons in the manufactured home community or adjoining property, and further the Lessee shall ensure that no damages occur to the manufactured home community and manufactured home pad (Home Site) as a result of having a pet. This is a material condition of the Tenancy Agreement. If the Lessor gives notice to the Lessee to correct any breach of the Community Rules, and the Lessee fails to comply within a reasonable period of time, the Lessor has the right to terminate this Agreement along with making the appropriate claims against the Lessee. 7. OCCUPANTS AND INVITED GUESTS: Guests are required to adhere to all Community Rules for the manufactured home community and the behaviour and actions of guests are the responsibility of the Lessee. Invited guests (any person not listed as either Lessee or occupant on page 1 of this Agreement), who stay more than one week, must have prior written consent of the Lessor for this purpose. When a person who is not listed as a Lessee or occupant, resides in the manufactured home or on the manufactured home pad (Home Site) for more than one week, without permission of the Lessor, they shall considered to be occupying the manufactured home pad (Home Site) contrary to this Agreement and shall be considered a trespasser. Failure to apply and obtain the necessary approval of the Lessor in writing is considered a fundamental breach of this Agreement. The Lessor may at his or her option give immediate notice to end the Agreement or may give notice to correct the said breach within a reasonable time after having been given written notice by the Lessor. 8. CONDUCT: In order to promote the safety, welfare, enjoyment, and comfort, of other occupants, guests and residents of the manufactured home community, the Lessee, occupant and guest shall not disturb, harass, or annoy other occupants, guests, or residents of the manufactured home community or neighbours or employees of the Lessor. In addition, noise of any kind, which in the reasonable opinion of the Lessor may be calculated to disturb the comfort of any other occupant, guest or resident of the manufactured home community shall not be made by a resident, occupant, or guest, nor shall any noise whatsoever, including the playing of any musical instrument be repeated or persisted after a request to discontinue such noise has been made by the Lessor. The Lessee, occupant, or Lessee s guest shall not cause or allow loud conversation, music, television, radio, stereo system, or an irritating noise to disturb peaceful enjoyment of other residents, occupants, or guests, at any time, and in particular between the hours of 10:00 p.m. and 8:00 a.m. The Lessor may terminate the Agreement as one of its remedies. 2

3 The Lessee also agrees to be bound by and observe the Community Rules of the manufactured home community and agrees to ensure that his/her occupants and guests abide by them as well. 9. OVERHOLDING: If the Lessee remains in possession of the manufactured home pad (Home Site) after the last day of any lawful end of tenancy, the Lessor may claim for damages against the Lessee and the Lessee shall be liable for damages suffered by the Lessor. The Lessor may apply for an Order of Possession or similar order from a court or an arbitrator and when such order has been obtained, eviction by the Sherriff and/or Bailiff may follow. In addition, the Lessee should remember that the Lessor and the incoming Lessee have a civil right of action against the Lessee as a result of the Lessee s failure to leave the manufactured home pad (Home Site). 10. USE OF MANUFACTURED HOME AND MANUFACTURED HOME PAD (HOME SITE): The Lessee s manufactured home and manufactured home pad (Home Site) shall be used for private residential purposes only (no Lessee may rent out any part of their manufactured home or manufactured home pad (Home Site) to co-lessees unless previously approved in writing by the Lessor) and not for any illegal or unlawful purposes. Any business or commercial activity must be approved in writing by the Lessor; and, if approved in writing by the Lessor, such activity must not interfere or cause a nuisance to any other Lessees, occupants, or guests. No business or commercial advertising shall be placed on the manufactured home or the manufactured home pad (Home Site). Any leasing, subleasing, sale, purchase or exchange of manufactured homes is considered a business; and must be approved in writing by the Lessor. At all times at least one of the persons listed as Lessee must be the legal or registered owner of the manufactured home which occupies the manufactured home pad (Home Site). 11. PROPERTY TAXES ON THE MANUFACTURED HOME: Property taxes on the manufactured home are the responsibility of the Lessee. Lessee shall pay directly to the municipality or other government body, when due, all property taxes charged on the Lessee s manufactured home and any other property owned by the Lessee considered an improvement by the taxing authority. 12. LIABILITY AND INSURANCE The Lessee is responsible for insuring the manufactured home, including all accessory equipment and structures and other improvements on the manufactured home pad (Home Site) and contents and other such insurance as is necessary to protect the Lessee, the Lessee s occupants and guests or others from loss, injury or liability. The Lessee, acting prudently, shall carry sufficient insurance coverage for his or her personal property, together with sufficient insurance coverage including fire, smoke, water damage, theft, and third party liability. The Lessee promises and agrees with the Lessor not to do, or permit to be done, anything which may void or render voidable the policy or policies of insurance covering the manufactured home pad (Home Site) and manufactured home community, or which may cause the premiums in respect of the policy or policies to be increased. If the premiums are increased as a result of a breach of this promise, the Lessee undertakes to indemnify and save harmless the Lessor against such increases in premiums and the indemnity will not prejudice the Lessor s right to proceed against the Lessee for breach of this covenant. The Lessor is not responsible for any damage to the Lessee s manufactured home, all accessory equipment and structures and other improvements, or any contents due to, but not limited to fire, water, theft or burglary, vandalism, interruption of any services, including, but not limited to sewer, water, power, cable TV, telephone or any other similar causes. Unless the Lessor is in breach of a lawful duty, the Lessee waives and releases the Lessor from any liability whatsoever in connection with the use by the Lessee, occupant or guest of the Lessee, of the manufactured home pad (Home Site) or manufactured home community, services furnishings, equipment and facilities supplied by the Lessor, including injuries or damage caused by anything done or admitted to be done by any of the residents, the Lessee s occupants or the Lessee s guests, in the manufactured home community, or by the Lessor or the Lessor s agents, servants, employees or independent contractors. 13. ASSIGN OR SUBLET: The Lessee cannot rent, sublet or assign the Lessee s manufactured home, the manufactured home pad (Home Site), or any rights or interest that the Lessee may have under this Agreement without the prior written consent of the Lessor. The Lessee agrees that the Lessor will be provided with a Tenancy Application form completed by the 3

4 prospective Lessee / assignee prior to seeking the consent of the Lessor. 14. SALE OF HOME / APPROVAL OF PURCHASER AND SUBSEQUENT LESSEES: The Lessee may sell his or her manufactured home at any time. However, the Lessee must immediately notify the Lessor in writing of the Lessee s intent to sell. If the prospective purchaser of the manufactured home intends for the manufactured home to remain on the manufactured home pad (Home Site) or in the manufactured home community, the Lessee must ensure that the prospective purchaser do the following before purchasing the manufactured home or occupying manufactured home pad (Home Site): (1) complete a Tenancy Application; (2) be accepted for tenancy by the Lessor, which acceptance shall not unreasonably be withheld; (3) have the prospective purchaser execute a new Tenancy Agreement or obtain a written consent from the Lessor to assign the existing Tenancy Agreement; (4) execute and deliver to the Lessor a copy of the current Community Rules and any other tenancy agreements or documents required by the Lessor. If the subsequent purchaser of the Lessee s manufactured home fails to execute a new Tenancy Agreement with the Lessor or the Lessee does not get the Lessor s prior written consent to assign the existing Tenancy Agreement to the subsequent purchaser, such purchaser shall have no rights of tenancy and may have to remove the manufactured home from the manufactured home pad (Home Site) and the manufactured home community. Procedures and criteria for approval and rejection will be reasonable and will be applied equally to all applicants or prospective Lessees. Lessee agrees to allow the Lessor at least 14 days, or other reasonable time period as reasonably required by the Lessor, to approve or disapprove the tenancy of any prospective Lessee. 15. MOVING HOME OFF HOME PAD (HOME SITE) At the time the Lessee decides to move the home from the home pad (Home Site), the following is required: - The Lessor must receive 60 days prior written notice. - A $1,000 refundable cash damage deposit must be provided to the Lessor prior to home being moved to cover possible damages to home site, other homes, roads and services. - Lessor must make arrangements with utility providers to have all services disconnected. - Lessor must leave home site in good repair otherwise the cash deposit will be used to repair any damages. Any amount remaining will be refunded to the Lessee. 16. HOME PAD (HOME SITE) ALTERATIONS: Any alterations or additions to the Lessee s manufactured home and manufactured home pad (Home Site) including accessory buildings and other structures, and fences, must be approved in writing by the Lessor and must conform to all local municipal bylaws. Where required, and after the Lessor has approved any alteration or addition, a building permit must be obtained from the local municipal authority before any alterations are started. 17. REPLACEMENT OF EXISTING HOME AND NEW HOME STANDARDS: The Lessee agrees that all new and replacement manufactured homes brought into the manufactured home community must be approved by the Lessor in writing. The Lessee understands and agrees that the manufactured home community has new manufactured home standards which must be adhered to when bringing a new or replacement manufactured home into the manufactured home community. 18. NOTICES: All notices required or permitted under this Agreement must be in writing and must be served upon Lessee by the Lessor. The Lessee shall accept any notice, process or document required or permitted to be given, when served personally on any adult occupant of the Lessee s manufactured home pad (Home Site), or served by delivering to, mailing to, or posting upon that part of the manufactured home known as, or used as the residence of the said occupant. 19. STORAGE AND PARKING: All vehicles, or other property of the Lessee, stored on the manufactured home pad (Home Site) shall be kept in a safe condition in proper storage areas or designated parking areas, and shall be at the Lessee s risk for loss, theft or damage from any cause whatsoever. Only the type of vehicles listed in the Tenancy Application, if provided (and no other vehicles except replacement vehicles of the same approximate size) may be parked or stored on the manufactured home pad (Home Site). The parking areas are to be occupied by vehicles, which are in operating 4

5 condition, currently licensed, and insured. 20. GARBAGE: No boxes or papers or any other rubbish shall be placed or left on the manufactured home pad (Home Site); including decks or porches, parking areas or other common areas of the manufactured home community, except those areas designated for disposal. All garbage shall be drained, bagged, or wrapped, and tied securely inside a plastic garbage bag (or other appropriate plastic bag) before being placed in the disposal bin or placed at the roadside for pick-up. The Lessee must comply with any manufactured home community or municipal recycling rules and/or programs. 21. COMPLIANCE WITH LAW AND COMMUNITY RULES: The Lessee agrees to abide and conform with all applicable laws and ordinances, all terms and conditions of this Agreement, the current Community Rules of the manufactured home community (and any amendments made to them upon being provided a copy of any changes or revisions), the terms and provisions contained in any document referred to in this Agreement and said rules, terms and provisions as may, from time to time, be amended, modified or otherwise changed by the Lessor a permitted by the terns of this Agreement or as permitted under the Act. The Lessee agrees that the Community Rules delivered with this Manufactured Home Pad (Home Site) Tenancy Agreement and such reasonable variations, modifications, and additions, as from time to time may be made by the Lessor, and other reasonable Community Rules that may be made by the Lessor and communicated to the Lessee in writing shall be observed and performed by the Lessee, the Lessee s occupants and the Lessee s guests, and such Community Rules shall be read as forming part of the terms of the Manufactured Home Pad (Home Site) Tenancy Agreement. 22. CONTRACTURAL: It is agreed that: (a) words imparting the singular shall also mean plural, and vice versa, except where the context indicates otherwise: (b) the words applicant, occupant and Lessee, used in the Tenancy Application, The Manufactured Home Pad (Home Site) Tenancy Agreement, and in Community Rules forming part thereof, mean all proposed and actual occupants of the manufactured home pad (Home Site) rented, and include guests where applicable; (c) the word Lessor includes the owner and his or her authorized agents and employees where applicable. A breach of this Agreement by the Lessee may give the Lessor the right to end the tenancy and thus regain vacant possession of the manufactured home pad (Home Site). The following documents are attached and contain additional terms that form part of this Tenancy Agreement: Community Rules: 5 pages Tenancy Application: 2 pages 23. JOINT AND SEVERAL LIABILITY: Obligations upon the Lessee shall be joint and several obligations if there is more than one Lessee. If there is more than one Lessor, the Lessor s obligations shall be joint and several. THE LESSEE HEREBY ACKNOWLEDGES HAVING READ THIS TENANCY AGREEMENT AND AGREES TO THE PROVISIONS AND TERMS CONTAINED HEREIN AND ACKNOWLEDGES RECEIPT OF A DUPLICATE COPY. The parties intending to be legally bound agree to the terms and conditions of this Agreement. Dated at WILLISTON, ND, this day of, 20 LESSEE S SIGNATURE: LESSEE S SIGNATURE: LESSOR S/AGENT S SIGNATURE: Jane Kastrinos, Community Manager 5

6 SCHEDULE A Lot No. Address City State 6