LAMPLIGHT VILLAGE AT CENTENNIAL SPRINGS HOMEOWNERS ASSOCIATION ADDENDUM TO LEASE AGREEMENT The provisions of this Lease Addendum shall be incorporated into the Lease between ( Owner ) and ( Tenant ) dated, 20 (the Lease ) with regard to the real property which is located at, Las Vegas, Nevada 89 (the Subject Property ). Should there be an inconsistency between the provisions of this Lease Addendum and the Lease, the provisions of this Lease Addendum shall apply. 1. Subject Property. Owner and Tenant understand that the Subject Property is situated within the Lamplight Village at Centennial Springs community and its occupants are subject to the governing documents of the Lamplight Village at Centennial Springs Homeowners Association (the Association ). 2. Liability for Damages and Misconduct. Notwithstanding any provision of the Lease, each Owner shall be responsible for payment of any expenses which result from damages to the Subject Property, Unit, the Common Elements or any Limited Common Element by that Owner, a Tenant occupying the Subject Property, or the family, servants, employees, agents, visitors, licensees, or household pet of that Owner or Tenant, or as a result the failure to maintain, repair or replace any fixture, equipment, appliance or appurtenance which the Owner is responsible to maintain under the terms of the Declaration of Covenants, Conditions & Restrictions for Lamplight Village at Centennial Springs Homeowners Association, including any amendments thereto, ( CC&Rs ), its Rules & Regulations, Bylaws or from any misconduct by that Owner or any Tenant occupying the Subject Property, or the family, servants, employees, agents, visitors, licensees, or household pet of that Owner or Tenant. The charges for the repair or replacement of any damage in excess of insurance proceeds available to the Association, if any, and expenses resulting from any misconduct shall be specially assessed to the Subject Property and shall be lien upon the Subject Property which is collectable by the Lamplight Village at Centennial Springs Homeowners Association as any other assessment. 3. Lease of Entire Subject Property / Minimum Lease Term Required. Owner shall not be permitted to rent or lease less than the entire Subject Property or to rent or otherwise 1
permit the Subject Property to be used for hotel or transient purposes. Every lease shall be for a fixed initial term of not less than six (6) months, but may be renewed on a month-to-month basis thereafter. 4. Lease Requirements. No rental of the Subject Property shall be valid unless: (1) it shall be by means of a written agreement between the Owner(s) and the Tenant(s); and (2) this Lease Addendum is signed by both the perspective Tenant and Owner. Every lease and every Tenant of the Subject Property shall be subject to the provisions of the Association s CC&Rs, Bylaws, Articles of Incorporation and Rules & Regulations. Each Lease shall contain language which acknowledges the Association s rights and remedies, and Tenant s obligations under the governing documents. The Association shall have and may exercise the same rights of enforcement and remedies for breach of the governing documents against Tenant and all the occupants of the Subject Property as it has against an Owner. In addition, the Association shall have the rights and remedies provided for in this Lease Addendum. 5. Lease Approval. Except as otherwise provided in this Lease Addendum, prior to the rental of the Subject Property to Tenant, and prior to the renewal of any previously approved lease, Owner shall submit to the Association a copy of the Lease executed by both the Owner and the proposed Tenant, and contingent only upon the approval of the Association. The Association shall, as expeditiously as practical, grant its consent to the Owner if: (a) The Owner is not delinquent in the payment of any assessments; (b) the Unit has not been deemed to be in violation of any provision of the governing documents; and (c) all other requirements of this Lease Addendum have been satisfied. 6. Governing Documents to Be Provided to Tenants. Owner shall provide Tenant with a copy of the governing documents; i.e., the Declaration of Covenants, Conditions and Restrictions, Bylaws, Rules & Regulations, including any and all Amendments thereto. If the Owner fails to provide written evidence that he or she has done so, the Association may furnish a copy of these documents to Tenant and charge the Owner an amount to be determined by the Board of Directors for each document provided. Unless otherwise set by the Board, the copying charge shall be twenty five cents ($0.25) for each page. The copying charge shall be collected as a special assessment against the Subject Property and its owner. 2
7. Non Discrimination. Neither the Association, nor Owner, shall discriminate against any person with regard to the sale, rental or occupancy of the Subject Property on the basis of race, color, creed, national origin, sex, sexual orientation, religion, familial status, marital status, parental status, political ideology, age, handicap, possession or use of a Section 8 rent certificate or any other legally protected classification. 8. Registration of New Occupants. Owner must register new occupants with the Board of Directors within forty eight (48) hours of their move-in. Owner shall advise the Board of Directors or the Community manager of any changes in the registration information required to be provided in this section on a current basis. 9. Assignment of Rent. If the Subject Property is leased, the tenant s lease payments are hereby pledged and assigned to the Association as security for the payment of all assessments, fines and charges which are or become due by that Owner to the Association. If the assessments owed by the Owner are delinquent, or Owner owes any fine or other payment to the Association, the Board may collect, and Tenant shall pay to the Board, the rent for Subject Property, or that portion of the rent equal to be the amount due to the Association. Tenant shall not have the right to question the Board s demand for payment. Payment by Tenant to the Association will satisfy and discharge Tenant s duty of payment to the Owner for rent to the extent of the amount paid to the Association. The Board of Directors shall neither exercise this power where a receiver has been appointed with respect to the Subject Property, nor in derogation of the exercise of any right to rents by a lender. If Tenant fails or refuses to pay rent to the Association as provided for in this section, the Association shall have the right to bring an action for unlawful detainer and/or for non payment of rent in accordance with Nevada law. The costs and attorneys fees incurred by the Association in connection with such action shall be collectible from Tenant and from the Owner of the Subject Property in the same manner as any other assessment under the governing documents. 10. Strict Compliance. Each Owner, Tenant, or other occupant of the Subject Property shall strictly comply with the provisions of the governing documents. The acceptance of a deed or conveyance or the entering into occupancy of the Subject Property shall constitute an agreement that the provisions of the governing documents, as they may be amended from time-to-time, are acceptable and ratified by the Owner, Tenant and all other occupants and all 3
provisions of the governing documents shall be deemed and taken to be covenants running with the land and shall bind any person having any interest or estate in the Subject Property, as though the provisions were recited and stipulated in length in each and every deed, conveyance or lease of the Subject Property. 11. Hearings. The Board of Directors is authorized and empowered to investigate, hear, and determine all complaints concerning violation(s) by any Owner, Tenant or other occupant of any provision(s) of the governing documents and to order compliance therewith. The Board of Directors is further authorized, after providing notice and an opportunity to be heard, to levy reasonable fines against any person who shall have been found to be in violation of any provision of the governing document. The Board of Directors is also authorized, after notice and providing an opportunity to be heard, to suspend privileges to utilize common amenities and to vote on Association matters. 12. Attorneys Fees. Should the Association be required to take any legal action in order to enforce the provisions of the governing documents, the Lease or this Lease Addendum, it shall be entitled to recovery of all reasonable attorneys fees and costs incurred relative to such efforts. 13. Enforcement. Failure to comply with the provisions of the governing documents, the Lease or the Lease Addendum shall be grounds for an action to recover sums for damages, which shall include any fines levied by the Board of Directors, any costs including reasonable attorneys fees, incurred by the Association. Owner and Tenant shall be subject to the jurisdiction of the Nevada Real Estate Division and must participate in any Alternative Dispute Resolution proceeding which is commenced in accordance with the provisions of Nevada Revised Statute Chapter 38.300 et seq. 14. Enforcement Against Tenants. If, after being provided with notice and an opportunity to be heard, Tenant or a related party occupying a Unit fails to comply with a provision of the governing documents then, in addition to all other remedies which it may have, the Board of Directors shall notify the Owner of the violation(s) and demand that the same be remedied to the Owner s efforts within ten (10) days after the notice. If the violation(s) is (are) not remedied within the ten (10) day period, or if Tenant has been found to be in violation of the governing documents following notice and an opportunity to be heard more than twice during an 4
immediately proceeding one (1) year period, then the Owner shall immediately, at his or her own cost, institute and diligently prosecute an unlawful detainer action in accordance with Nevada law. The action shall not be compromised or settled without the prior written approval of the Board of Directors. If Owner fails to fulfill the foregoing obligation, the Board of Directors shall have the right, but not the duty, to institute and prosecute the action as attorney-in-fact for the Owner and at the Owner s sole costs, including all attorneys fees incurred. The costs of the action, including attorneys fees shall be recoverable from Tenant, and in addition, shall be deemed to constitute an assessment secured by a lien on the Subject Property involved as well as the personable obligation of the Owner, a collection of those costs may be enforced by the Board of Directors in a manner for enforcement of assessments as set forth in the governing documents and Nevada law. The Owner does hereby automatically and irrevocably name, constitute, appoint and confirm the Association as his, her, there, or its attorney-in-fact for the purposes described in this section. I/we understand and agree to be bound by the terms of this Lease Addendum. Dated:, 2011 Dated:, 2011 Owner Tenant Name (Printed): Name (Print): APPROVED: Dated:, 2011 LAMPLIGHT VILLAGE AT CENTENNIAL SPRINGS HOMEOWNERS ASSOCIATION Name (Printed): Owner Name (Print): 5