RESIDENTIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made as of this day of, 20, by and between Mossy Creek Catering, LLC d/b/a Hermitage Hill Farm and Stables, a Virginia limited liability company ( Landlord ) and ( Tenant ). 1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration of the promises and covenants herein, Landlord hereby leases to Tenant an unfurnished/fully furnished** ranch home/cottage/apartment to be used by Tenant as his/her residence together with the necessary access and the yard around the residence known, together with any fixtures and personal property maintained therein (the Premises ), for the term of one (1) year commencing on the day of, 20, and terminating on the day of, 20. The lease term shall commence and terminate at noon unless otherwise agreed by the parties. **If the premises is leased fully furnished an inventory of furnishings and personal property will be annexed to this Lease Agreement, initialed by both the Landlord and Tenant(s), and is hereby fully incorporated into this document. 2. RENT. Tenant agrees to pay as rent the sum of $.00 per month, due and payable when the Lease is signed by Tenant (which may be a pro rata portion of an initial partial month) and thereafter in advance on the first (1st) day of the month. Rent shall be paid to Landlord at the address provided under the Notice section below or at such other place as Landlord may from time to time designate in writing. If the monthly rent is not received before or on the fifth day of a given month, Tenant agrees to pay as additional rent a late fee of $50.00 and $5.00 per day thereafter, starting on the 6th for each month/and that the monthly installment of rent is not received. The purpose of this late fee is to compensate Landlord for the expenses of processing such delinquent account. Rent payments will be applied first to all past due balances of rent and other charges owing under this Lease. The remaining portion, if any, of such rent payments will be applied to current rent. 3. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $50.00 for each check returned for insufficient funds. This charge will be in addition to any late fee. If any of Tenant s checks are returned to Landlord for insufficient funds, Landlord will have the option of requiring that further payments must be paid by cash, cashier s check, certified check or money order. 4. SECURITY DEPOSIT. Tenant agrees to pay the sum of $.00 as a security deposit, due and payable when the Lease is signed by Tenant. Prior to the termination or expiration of this Lease, if Landlord makes any deductions from the security deposit for charges arising under this Lease or by law, Tenant agrees to pay Landlord such sums as may be necessary to offset such deductions to replenish and maintain the security deposit in the amount set forth above. The security deposit will be held by Landlord to secure Tenant s full compliance with the terms of this Lease. Landlord may apply the security deposit and any interest against the costs of any damages by Tenant or Tenant s guests, damages due to Tenant s failure to maintain the Premises, cleaning, repairing or restoring the Premises, or damages due to any breach of the terms of this Lease, and against any unpaid rent. 1 1
Within 30 days after the termination of this Lease, Landlord may apply the security deposit and any interest required by law to the payments of any damages Landlord has suffered due to Tenant s failure to maintain the Premises, to surrender possession of the premises thoroughly cleaned and in good condition (reasonable wear and tear excepted), or to fully comply with the terms of this Lease, and any balance, if any, to unpaid rent. If Landlord sells or otherwise transfers all or any interest in the Premises during the term of this Lease, Tenant agrees that Landlord may transfer the security deposit, plus any interest required by law, to the purchaser who in such event shall be obligated to comply with the provisions of this section. 5. UTILITIES AND INSURANCE. Tenant shall provide and pay for all utilities, except that Landlord will provide electricity, well water and sewage, and satellite television. All other utilities are the Tenant s sole responsibility and expense. Tenant has been advised that the Landlord makes no representations or warranties regarding the quality of service for the satellite television, and the Tenant agrees not to hold Landlord responsibility for service issues relating to same. Ranch House-No electric or satellite TV is included. Tenant shall maintain liability insurance on the Premises and his/her personal property during the term of the Lease. Tenant shall do nothing and permit nothing to be done on the Premises which will interfere with any hazard insurance policy covering the same. Landlord is not an insurer of Tenant s person or possessions and Tenant is encouraged to obtain such insurance as he deems necessary. Tenant agrees that Landlord shall not be liable for any injury or damage to the person or property of Tenant or any other person occupying or visiting the Premises including, but not limited to, injury or damage sustained due to disrepair, misuse, or neglect of the Premises on the part of the Tenant. 6. REAL ESTATE TAXES. Landlord shall pay the real estate taxes on the premises during the term of the Lease. 7. ALTERATIONS AND IMPROVEMENTS. Tenant agrees that no alteration, installation, improvement, repair or decoration (collectively referred to as alteration ) shall be done without Landlord s prior written consent. However, Landlord may require Tenant to return the Premises to its original condition when this Lease terminates or expires. In addition, Landlord may require that any alteration to the Premises will become a permanent part of the Premises which may not be removed upon termination or expiration of this Lease. The term alteration includes without limitation painting, staining or applying other finishes, or installing locks, light fixtures, shutters, built-in shelves or bookcases, wall-to-wall carpeting, flowers or shrubs. 8. INSPECTIONS AND ACCESS. Landlord may enter the Premises to make any alteration, or to show the Premises to prospective tenants, purchasers, mortgagees, workers and contractors, and shall have the right to erect or place For Sale or For Rent signs thereon. 9. Speed Limit Limit your speed to 8 mph within the community. 2
10. Vehicles A. Every unit does have allotted parking spaces, however, at times these may not be directly in front of your residence. B. Any unauthorized vehicles parked in parking spaces will be towed by the landlord at the vehicles owners expense including any storage fees. C. Non-maintained cars (such as cars with broken windows, flat tires, etc...) and vehicles with expired tags will not be allowed to remain on said premises. Vehicles with oil leaks are not allowed on the parking lot as this causes damage. No tires or vehicle parts of any kind may be stored outside of buildings. Vehicles are not to be serviced on the premises. Boats, campers, RV s, trailers, road tractors, and anything else that requires large parking areas are not permitted. D. Vehicles will be towed that: 1) Are not registered and/or inoperable 2) Are parked in Handicap parking spaces without official identification 3) are parked in no parking, fire lanes, in the grass, blocking signage or equestrian use 4) that do not belong to tenant and are parked there for more than 48 hours. 11. MAINTENANCE, REPAIR AND OTHER DUTIES. Landlord agrees to maintain all electrical, plumbing, heating, ventilating, air conditioning and other facilities, in good and safe working condition; and comply with applicable building and housing code requirements materially affecting health and safety. Tenant agrees to keep the Premises clean and safe; use all electrical, plumbing, heating, ventilating and air-conditioning facilities and appliances in a responsible and reasonable manner; pay all utility costs, unless otherwise agreed upon herein; conduct himself or herself, and require guests to conduct themselves, in a manner that will not disturb Tenant s neighbors; and to take care not to intentionally or negligently destroy, damage or remove any part of the Premises, and that he or she will not permit any person to do so. Tenant agrees to care for, maintain and repair the Premises, equipment, appliances and fixtures, and the appearance of the Premises, both inside and outside, including but not limited to yard care and mowing. All repairs shall be made by contractors approved by Landlord. During the duration of this Lease, Tenant agrees to give Landlord prompt written notice of any defects in the Premises, its equipment, appliances and fixtures. If further damage occurs between the time Tenant learns that a defect exists and the time Landlord learns of such defect, Tenant will be liable for the costs of any repairs of such additional damage which might have been avoided had Tenant promptly notified Landlord of the defect. Upon the expiration or termination of this Lease, Tenant agrees to deliver the Premises in good and clean condition, ordinary wear and tear excepted. 12. Draperies Blinds are provided at your residence. There shall be no blankets, plastic liners, cardboard, foil or other like material used as window treatments. 3
13. Balconies, Decks and Patios Do not hang or store towels, bathing suits, clothing, mops etc on the balconies, deck or patios. Do not shake debris from such items off the balconies, decks or patios. Ashes, dirt and cigarettes are not to be thrown from or swept from balconies, decks or patios. If added to the Lease Pets are not to be allowed to be unattended for any length of time on the decks, balconies or patios. Grills: Charcoal grills are prohibited from being used on the property. Gas grills are allowed but are to be used with the utmost care and attention. Never leave grills unattended for any reason. Grills are not to be used near vinyl or wood railings. Grills are not to be used on front porch or sidewalk in front of rentals. Resident agrees to be held responsible for any damages and associated costs related to grills. 14. Aerials -REQUESTS are to be MadE For television aerials, satellite dishes or radio antennas are allowed on the outside of the building. 15. Equipment The equipment in the kitchen and in the bathroom are to be used only for the purpose they were designed for. NO items being flushed in commode that should not be. Units that have rented or provided washer and dryers are not to be overloaded (example no more than 5 pr jeans or large towels) and lint filters are to be kept cleaned to prevent fire hazard.. You will be responsible for any costs and related damages that may occur from misuse of any equipment or fixtures. If your toilet overflows first turn the valve located behind the commode clockwise to turn the water off. If your lights or outlets don t work, first check breaker box to make sure there is not just a breaker tripped. Tenant agrees to pay the cost of all repairs and cleaning required by wear and tear beyond the ordinary, both during the term and thereafter. Tenant agrees to pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the Premises by Tenant or by any of Tenant s guests or other persons on the Premises with Tenant s consent. 16. Noise Loud stereos and televisions will not be permitted. The use of musical instruments should be limited, and if used held to a minimal volume. Quiet Hours are from 11 pm to 7 am. A violation of the agreement can be considered a breach of the policies on the first offense. 17. TRESPASS NOTICE: No one is to be allowed in any farm buildings, paddocks or fields. Items are not to be hung from fence boards. No feeding of horse- Diets are strictly managed. 4
18. Children Children should not be allowed to play outside after dark for their safety. There is to be no bikes, skateboards on the sidewalks in front of other resident s homes. No drawing with chalk on sidewalks or on pavement. No trampolines, pools or other items allowed to be stored or left in front of units. 19. Wall Hangings Please use nails and hangers only when hanging items on the walls. Adhesive fasteners are destructive to drywall. Making holes in wood, floors, ceilings and cabinets are prohibited. 20. Interior of Residence Your residence must be kept clean, sanitary, and free from objectionable odor. No trash or other materials are allowed to accumulate which would prove hazardous or pose a health violation 21. Trash Trash is not to be left outside of your residence, on the balcony, patio or deck nor allowed to accumulate inside you residence. It is solely your responsibility to discard your trash in an orderly and timely fashion. Management will remove trash if necessary and at a fee of $35.00 per bag or piece will be assessed. Trash must be disposed of in the proper receptacle. No furniture or like items are to be put in dumpsters or left around the dumpster. Boxes are to be broken down before thrown in dumpster. If found leaving trash outside of dumpster you will be assessed a $100 fee. 22. Clutter Porches, patios, decks, balconies and entrances must be free of unsightly items such as car seats, rusted or worn furniture, excessive decorations etc. Pet items, children s toys, hoses, etc. should be contained in a neat orderly manner. 23. Utility Closets Please refrain from storing items in the utility closets where the HVAC and water heaters are located. If necessary make sure that nothing is in front of the HVAC unit so that we will be able to access the filter. 24. Notice of Damage to Premises Please advise us immediately of any damage that you feel warrants repair. This includes water, wind and fire damage. Also, please notify us of any spills on the carpet that could cause permanent damage. The following are some types of real emergencies. These are situations in which management should be contacted. Please use your best discretion for those situations not listed. If you have an emergency after business hours, call our office at 540-490-2609. 1. Flooding caused by Plumbing Breakage 2. Lack of Heat in Winter when temp is below 40 degrees 3. Damage caused by wind, storm, fire, which directly inhibits you unit inside or out. 4. When security has been breached or is threatened by burglary, vandalism or other disturbances. Please contact 911 immediately, and then call us. 5. Back-up of sewer or other sanitary facility 6. Electrical failures or short circuit 7. The presence of a strong gas odor 8. Inoperable door or window locks *Non-Emergency Phone Calls made after business hours will result in a $50 fine to your account. 5
25. Smoking All rentals at Hermitage Hill Farm are 100% smoke-free. Smoking is permitted outside of each unit however; all cigarette butts are not to be discarded on grounds. Do not throw them in mulch and bushes as this can cause a serious fire hazard. Any cigarette ordor inside units is considered a damage and will you will be billed for the cost of removing the odor from your unit. 26. Heaters Kerosene and other combustible heaters can be very dangerous and are not permitted on the premises. 27. Lockout and Key Replacement If locked out during business hours 8 am until 6 pm you will be charged $25.00 to have us come unlock door. If after business hours 6 pm until 8 am you will be charged $50.00 for us to come let you in. Replacement Key Fees Door Key $ 23.00 28. Wiring There is to be no wiring installed inside or outside of your residence 29. Weight Limitations Please do not keep any object or structure in your residence that may pose danger. Waterbeds are prohibited without written proof of waterbed insurance. 30. Extermination You agree to permit us to enter and exterminate for pests in your residence at our request. You also agree to cooperate with suggestions and instructions to improve any pest problems. 31. Solicitations All door to door solicitations are strictly prohibited. Please notify Management of any infractions of this rule. 32. State/Local Laws Resident agrees to abide by all state, federal and local laws. Resident will not use the residence to any unlawful purpose or allow any unlawful acts to occur on said premises. 33. Yard/Moving Sales No yard/moving sales of any type shall not be conducted on premises. 34. Mailboxes Do not display any advertisements for home business, events or products on or around mailboxes. 6
35. Lawn Care We will maintain the property as far as lawn care, mowing, weed removal, leaf removal. It is your responsibility to pick up and debris or trash in front of your unit. *Also if you have pet(s) you are responsible for cleaning up after them. No items to be left in the yard or gardens to inhibit quick mowing and maintenance. 36. Snow Removal Residents are responsible for snow removal on their entire front and back patio or deck And all sidewalks fronting their residence. Please assure all snow is shoveled promptly after the storm ends. Keep in mind that if it is blowing snow you will want to keep it clear of your entrance. A $25.00 charge will be assessed should we have to do any shoveling. Residents hold harmless Hermitage Hill Management and any owners of their property from any liability associated with ice and snow on the premises. 37. Water Hook-Ups It is up to resident to make sure that water hoses are not left hooked up when not in use. During winter, hoses may freeze and cause damage to water lines inside the apartment thus causing damage to the apartment itself. If you fail to remove the hose from the faucet and damage is caused, you will be held accountable for any expense related to maintenance and repairs needed to correct the damages. 38. ABANDONMENT OF PROPERTY. Any personal property Tenant leaves on the premises after the termination or expiration of this Lease may be treated by Landlord as abandoned property. Any funds received by Landlord from the disposal of Tenant s property may be applied to Tenant s indebtedness to Landlord for unpaid rent or other damages, including charges for removing, storing or selling the property. Any remaining funds will be treated as security deposit. 39. EARLY TERMINATION OF OCCUPANCY. Tenant will not be released from liability for all rent or other charges due under this Lease unless Landlord signs a written statement on which Landlord agrees to release Tenant from such liability. 40. ASSIGNMENT OR SUBLET. Tenant will not assign this Lease or sublet the Premises without Landlord s prior written consent. No assignment or sublet will release Tenant from continuing liability for the full performance of this Lease unless Landlord signs a written statement clearly releasing Tenant from such liability. 41. BREACH BY TENANT. If (a) Tenant fails to pay rent within five days after the date when due, (b) Tenant commits a material breach of this Lease, (c) Tenant vacates or deserts the Premises during the term of this lease, (d) Tenant denies Landlord s exercise of any rights under this Lease or arising by law, (e) legal proceedings are begun by or against Tenant to levy upon or dispose of Tenant s leasehold interest in the Premises, or (f) the Premises are used by Tenant or others for any illegal purposes, Landlord will have the right to declare Tenant in default under the terms of this lease. 7
42. REMEDIES. Upon default by Tenant during the term hereof, the total of all unpaid rental, whether then due or thereafter, will become due. Landlord shall have the right, upon breach, without any prior demand or notice and without any liability to Tenant, to terminate all rights of Tenant hereunder, to reenter the Premises, to levy on and sell the property of Tenant found upon the Premises for rent, to lease the Premises to others upon such terms and conditions as Landlord deems reasonable, and to collect and apply the rent therefrom in payment of rent due from Tenant. The rights and remedies reserved to Landlord are cumulative to those now and hereafter provided at law and in equity and Landlord, his agents, personal representatives, and assigns shall have the right to exercise any one or more of said remedies wholly or in part upon Tenant s breach hereof. Landlord s failure from time to time to exercise any of the said rights and remedies or to insist upon a strict performance of Tenant s obligations and covenants hereunder shall not be a waiver or relinquishment for the future of such covenants and obligations but the same shall remain in full force and effect. 43. NOTICES. Any notices required or permitted to be given hereunder shall be deemed to have been properly given if sent by overnight commercial courier such as UPS or Federal Express or by United States certified or registered mail, return receipt requested, postage prepaid, or by hand delivery, as follows: If to Tenant: If to Landlord: Mossy Creek Catering, LLC 81 Livery Lane Waynesboro, VA 22980 A copy of notice to: Humes J. Franklin III, Esquire Wharton, Aldhizer & Weaver, PLC 125 South Augusta Street, Suite 2000 Staunton, VA 24401 or to such other persons or addresses as the parties may hereafter direct by written notice. Notices, except those hand delivered, shall be deemed delivered upon deposit with the commercial courier or the United States Postal Service. Hand delivered notices shall be deemed delivered upon actual delivery. 44. RENEWAL OR EXTENSION OF LEASE. This Lease will automatically terminate at the end of the lease term on the date indicated in Paragraph 1 above. The termination of this Lease will terminate Tenant s right to occupancy but it will not terminate any claims Tenant or Landlord may have arising out of events occurring during the Lease term or during any holdover by Tenant. No agreement renewing or extending this Lease will be effective unless that agreement is in writing and signed by Tenant and Landlord. 8
If Tenant remains in possession of the Premises after the lease term is terminated or expires and Landlord consents to such holdover but does not enter into a written agreement extending this Lease or substituting a new written lease, Tenant shall have a month-to-month lease subject to termination by either party upon sixty (60) days written notice provided however that any holdover by Tenant without Landlord s consent will not create any such month-tomonth tenancy. The monthly rent during such holdover period shall be at the same rate as under this Lease or as otherwise agreed in writing. 45. PETS. Tenant agrees that no cats, dogs, birds, fish or other animals (wild or domestic) will at any time during the term of this Lease be kept or permitted in, on or about the Premises, the building or grounds by Tenant or Tenant s guests. Tenant expressly agrees that if any pets are brought or permitted in or about the Premises Landlord shall have the right to terminate the tenancy and declare all rentals immediately due and payable together with any charges for any damages caused by such pet or pets. If pets are amended to lease, specific animal description and quantity will be recorded. A pet deposit will be collected of $250-$500.00 Pet waste is to be cleaned and removed from property by tenant. 46. INDEMNITY. Tenant agrees to indemnify and save the Landlord harmless from any and all damage, expense, claims and demands, including all attorneys fees and costs arising out of Tenant s use of the Premises or the acts of Tenant s guests, agents, invitees or contractors. Such indemnity, however, shall not include any claims or demands which shall arise out of the negligence of the Landlord or which arise out of the breach of any of Landlord s obligations under this Lease. 47. SEVERABILITY. Any provision of this Lease which is prohibited by, or unlawful or unenforceable under, applicable law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Lease. 48. TENANTS-TWO OR MORE. If two or more individuals shall execute this Lease as Tenant, the liability of each such individual to pay rent and perform all of Tenant s obligations hereunder shall be deemed to be joint and several. 49. FAILURE TO ENFORCE LEASE NOT A WAIVER. Landlord s waiver of a breach by Tenant shall not be interpreted as a waiver of any subsequent breach, and this Lease shall continue in full force and effect. 50. ENTIRE AGREEMENT. This Lease and any rules and regulations of Landlord constitute the entire lease agreement between Landlord and Tenant. No oral statements made by any party shall be binding, and there shall be no amendments except in writing signed by the parties. 51. HEADINGS. The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 9
52. GOVERNING LAW. This Lease is entered into and shall be construed under the laws of the Commonwealth of Virginia. The parties agree that the proper and convenient venue and forum for any legal proceeding arising out of or related to this Lease shall be the Courts of the City of Waynesboro/County of Augusta, Virginia and specifically waive any objection to a proceeding brought in any such court on the basis of venue or convenience of forum. WITNESS the following signatures: LANDLORD: Mossy Creek Catering, LLC Its: TENANT: S57947-4/ 06003243 10
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