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This
Lease Agreement ("Agreement") is made and executed by and between
________________ ("Lessor") and _________________ ("Lessee") on this
__________________ of _______________ . Lessor hereby leases to Lessee and Lessee hereby
leases from Lessor that certain manufactured home space numbered _________
("Premises") in the above written Community, in the City of
Aransas Pass, County of San Patricio Texas, a Street or P.O.
Address of _____________________ along with parking spaces Designated as
follows. Two (2) spaces at residents space #__________, all under and
pursuant to the following terms and conditions.___
1. TERM:
The primary term of the Agreement shall commence on the _________day of
__________________, and shall end at 5 p.m. on the same day of the sixth
calendar month thereafter; provided however, at the Lessee's sole option,
if this box o is checked and at least one of the Lessee's places
their initials in this blank: ____, then the primary term of this Lease
shall commence on the date recited above and shall end at 5 p.m. on the
______ day of _____________, 20__. Upon expiration of this primary term,
this Agreement shall automatically renew month-to-month unless either
party gives written notice of termination at least 60 days before the
Lease Contract term (or a future term) renewal period ends, or unless all
parties sign another Lease Contract.___
2. RENT:
Lessee shall pay $ __
per calendar month for rental,
without deduction, for the Premises, payable monthly in advance on the
first day of each calendar month. The prorated rental from the date of
move-in to the first day of the month following is $ __ .
Lessee's right to possession of the Premises is expressly contingent upon
the prompt and timely payment of rent and other charges due hereunder, and
the use of the Premises by Lessee is obtained only on the condition that
such sums are promptly and timely paid. Lessee shall pay promptly all sums
other than rent pursuant to the provisions of this Agreement within
5 days following Lessor's delivery of a statement of
account there for. Monies received by Lessor from Lessee shall first be
applied to discharge any past due amounts, including but not limited to;
past due late charges, check charges, key charges and utility bills owed
by Lessee. After such past due amount(s) have been paid, the remainder of
any monies received by Lessor from Lessee shall be applied to past due
rent, then to current rent. If the rent or other sums payable hereunder
are not paid within 5
days of the date on which such are
due, a late charge of $ 50.00
plus $2.50 per day there after
will be assessed and be immediately due from Lessee to Lessor, and a fee
of $ 30.00 will be assessed for all checks returned due to
insufficient funds or for any other reason, and be immediately due from
Lessee to Lessor.
3. METHOD
OF PAYMENT: Lessee shall make
rental payments by check or money order and not cash, provided however,
that if Lessee fails to timely make a rental payment or submits a check
that is dishonored, Lessor reserves the right to notify Lessee, in
writing, that future rent payments must be made by money order. No
forbearance of a late payment shall be deemed as a waiver by Lessor.
4. SECURITY
DEPOSIT: Lessee shall pay a
security deposit of $ ____
as set forth in the Security
Deposit Agreement, attached hereto and incorporated herein for all
purposes, payable on or before the execution of this Agreement. At least
30 days' written notice of intent to vacate must be given to Lessor prior
to move out except as may otherwise be permitted in Chapter 94 of the
Texas Property Code.
In the
event (i) this Agreement is signed by all parties; (ii) the Security
Deposit or a rental prepayment is paid by Lessee; (iii) the Lessee fails
to move onto the Premises; and (iv) Lessee procures a replacement tenant
satisfactory to Lessor prior to the commencement date of this Agreement,
then Lessor shall return the Security Deposit or rent pre-payment to
Lessee otherwise the deposit is non-refundable
5. USE OF PREMISES AND APPLICATION
APPROVAL: A Rental Application
("Application") must be approved by Lessor before Lessee shall have the
right to use or occupy the Premises. Only those persons listed in said
Application shall be permitted to occupy the Premises. The Premises shall
not be used for any illegal purposes, nor in violation of any valid
regulation of any governmental body or agency, nor in violation of any
park rules and regulations, nor in any manner to create any nuisance or
trespass.
6. COMMUNITY RULES
AND REGULATIONS: Lessee's family,
guests, or invitees. Lessee agrees to abide, and to insure that Lessee's
family, guests, or invitees abide by all Community Rules and Regulations
("Rules") and any amendments thereto. Lessee acknowledges receipt of a
copy of such Rules as of the date hereof. The Rules and any amendments
thereto are incorporated herein by reference and made a part hereof for
all purposes. Lessee agrees that Lessor shall have the right to modify,
amend, change or replace such Rules in Lessor's sole and exclusive
discretion and at such time or times as Lessor may desire. Lessor agrees
to give Lessee written notice at least thirty (30) days prior to any
modification, change, amendment, or replacement; unless such addition or
amendment will require expenditure of funds in excess of $25 by Lessee to
comply with the new rule, in which event Lessor shall provide Lessee with
90 days after the date Lessee is provided with a written copy of the added
or amended rule to comply with such rule. Any breach or violation of such
Rules is expressly declared to be a breach of this Agreement.
7. ARMED
SERVICES: In the event that Lessee
is now or becomes (except for voluntary enlistment) a member of the Armed
Forces of the United States on active duty and receives change-of-duty
orders to depart the local area, or is relieved or discharged from active
duty, then Lessee may terminate this Agreement by giving Lessor thirty
(30) days written notice, provided that Lessee is not otherwise in default
or breach. In such event Lessee agrees to furnish Lessor a certified copy
of such official orders which warrant termination of this Agreement; it is
expressly provided, however, that orders authorizing base housing shall
not constitute change-of-duty orders warranting termination by Lessee.
Lessee shall not be released from this Agreement for any other reason.
8. MOVE-IN AND
MOVE-OUT: Lessee agrees to move-in
and move-out under and during favorable weather conditions and at such
time during the day as shall be agreed to by Lessor or set forth in the
Rules.
9.
INSTALLATION: Lessee agrees that
the manufactured home shall be installed (set-up and tied-down) in
accordance with the Texas Manufactured Housing Standards Act and other
applicable government statutes, ordinances, rules or regulations. Such
shall be Lessee's responsibility and Lessor shall in no way be liable or
responsible for any improper installation.___
10. ACCESSORIES, EQUIPMENT AND
STRUCTURES: Approval of Lessor
must be obtained before construction, installation or modification of any
manufactured home accessory, equipment or other structure. (Note: Building
permits may be required for certain accessories or
installations.)___
11.
LANDSCAPING: Installation or
planting of any trees, concrete, masonry, or ground cover must be approved
by Lessor. Lessees are encouraged to landscape the premises and shall keep
the Premises in a clean, attractive and well-kept fashion. All landscaping
improvements shall immediately become a part of the realty and belong to
Lessor and shall remain upon and be surrendered with the Premises unless
otherwise expressly agreed to in writing by the parties
hereto.___
12. VEHICLE
CONTROL: No major car repair will
be permitted. For the safety of the occupants, guests and invitees, in the
Community, Lessor has designated and posted certain speed limits; Lessees
agree to abide by such and to cooperate in the enforcement of such speed
limits. The streets and lanes are private and not public thoroughfares.
Lessees may park passenger cars only on the Premises' driveway or other
designated areas. Neither Lessees nor guests or invitees shall park any
vehicle on another resident's space or a valid space without the express
permission of the resident or Lessor, whichever is applicable. Visitors
shall park in the designated guest or visitor parking areas or in their
host's drive if space is available. All trailers, boats, recreational
vehicles or other vehicles not used for daily transportation shall only be
parked in the Community as may expressly be designated by Lessor. All
vehicles must meet statutory requirements for inspection, safety, etc. in
order to be operated in the Community. No junked, unusable or unsightly
vehicles will be allowed in the Community. ___
13. INSPECTION BY LESSEE: Lessee warrants and covenants that a full and
complete inspection of the Premises and of the Community and all of its
facilities has been made and that all of such were found to be in good,
safe and habitable condition.___
14. ASSIGNMENTS AND SUBLEASES: Lessee shall not, without the prior written
consent of Lessor, assign or sublet this Agreement, or the lease made
hereunder, or the Premises leased hereby or any interest therein. If
Lessee attempts to assign this Agreement or allows the Premises to be
occupied by anyone other than Lessee, Lessor may collect rent and other
charges due under this Agreement from the assignee or occupant, and apply
the net amount collected to the amount herein due and no such collection
shall be deemed a waiver of the condition herein against assignment or
subletting, or as an acceptance of the assignee or occupant as a lawful
resident of this Community or of the premises and in such case, Lessee
shall remain liable to Lessor for all provisions of this Agreement.
Lessor, in its sole discretion may agree in advance, in writing to an
assignment or sublease only upon satisfaction of the following conditions:
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a. receiving and approving,
in Lessor's sole discretion, a completed rental application from the
proposed assignee under Lessor's current underwriting criteria;
and/or
b. obtaining a true and
accurate copy of a certificate of title vesting ownership in the
Manufactured Home to the proposed An additional $15.00 per month for space
rent shall be applied for any approved applicant. Assignee. ___
15. TRANSFER OF LESSOR'S INTEREST: In the event that Lessor sells, assigns or
otherwise transfers its interest in the Premises, this Agreement shall be
binding on the purchaser, assignee or transferee. Lessor shall be
automatically relieved of any obligations or liability hereunder as of the
date of such sale, assignment, or transfer, provided that the obligations
and liability hereunder are assumed in writing by said purchaser, assignee
or transferee. ___
16.
CONTRACTUAL LIEN: Lessor shall
have and is hereby granted a lien upon all non-exempt property of any kind
(expressly including the manufactured home) found or located on the leased
premises to secure payment of rent due or to become due under this lease.
If Lessee is delinquent in payment of any rental due under this lease,
Lessor shall have the right to enter peacefully the premises for three
consecutive days while all or any portion of the rentals or other sums due
under this lease are delinquent shall be deemed an abandonment of the
premises. In order to clear such abandoned premises, Lessor may enter the
premises, manufactured home and storage facilities to remove and store all
property of every kind found therein. Lessor may impose reasonable charges
for storing seized or abandoned property and may sell the same at a
private or public sale after thirty (30) days written notice to Lessee of
the time and place of such sale, and Lessor shall have the right to become
purchaser upon being the highest bidder at such sale; the notice shall be
deemed to have been given at the time of placing such notice in the U.S.
mails, postage prepaid, certified, or registered mail to Lessee at the
street or post office address herein above set forth. Sale shall be to the
highest cash bidder and the proceeds thereof shall be first credited to
the cost of seizure, storage and sale and then to the delinquent rentals
or other sums due Lessor; if any sale proceeds then remain such shall be
held by Lessor for Lessee and Lessor shall notify Lessee of such surplus
monies in the same manner required for notice of the sale. It is expressly
agreed that all of the lien provisions of this paragraph and the
procedures contemplated thereby shall be available to, and may be done by,
Lessor without the necessity of any prior court hearing, proceeding or
order. Lessor shall have no liability to Lessee whatsoever for any acts or
actions taken or performed pursuant to the provisions of this
paragraph.___
17.
INDEMNIFICATION: Lessee hereby
agrees to indemnify and hold Lessor harmless for any injury or death to
any person or damage to any property arising out of the use of the
Community by Lessee, Lessee's family, agents, employees, guests or
invitees. Lessee is to keep the manufactured home and Premises in good and
safe condition, and notify Lessor immediately of any unsafe or unsanitary
conditions in the Community or upon Community property. Lessor shall not
be liable to Lessee for any damages arising out of any actions or
negligence on the part of any other Community residents or their families,
agents, employees, guests or invitees. Lessee agrees to pay Lessor for any
damages caused by Lessee, Lessee's family, agents, employees, guests or
invitees whether such damage is sustained by said Community resident, said
Community resident's family, agents, employees, guests or invitees.
___
18.
WAIVERS: No failure by Lessor to
enforce any provision of this Agreement after default or breach by Lessee
shall be deemed a waiver of Lessor's right subsequently to enforce any and
all provisions of this Agreement upon any other or further default or
breach on the part of Lessee. All remedies contained herein are cumulative
and agreed to by the parties without impairing any rights or remedies of
Lessor, whether said rights or remedies are herein referred to or not. The
obligation of Lessee to pay rent shall not be deemed to be waived,
released or terminated by the service of a notice to vacate, notice to
terminate, notice of breach, demand for possession, or institution of any
legal action against Lessee. The acceptance of any rentals or other sums
due shall not be construed as a waiver of any default or breach by Lessee,
nor shall such acceptance reinstate, continue or extend the term of this
Agreement or affect any notice, demand or suit in connection with such
Agreement. No payment by Lessee or receipt by Lessor of an amount less
than the total rental and charges due shall be deemed to be other than on
account of the rent and charges due nor shall any endorsement on any check
nor any letter accompanying such partial payment be deemed an accord and
satisfaction, and Lessor may accept such partial payment without prejudice
to Lessor's rights to collect the balance of rent and charges due.
___
19. EMINENT
DOMAIN: In the event that any
governmental body or agency, or any entity which has the right of eminent
domain, takes or condemns all or any part of the Premises of such a
portion of the Community that it is no longer reasonably suitable for use
as a manufactured home community for any public purpose by right of
eminent domain (or any private purchase in lieu of the exercise of the
right of eminent domain), this Agreement shall terminate on the date that
possession of such property is taken. No part of any award or purchase
price made or paid for such a partial or complete taking shall be
apportioned. Lessee hereby renounces, and assigns to Lessor, any claim,
right, title or interest which Lessee might have in any such award or
purchase price. Lessor shall, however, have no claim to, nor assignment
of, any award or payment to Lessee for the taking, condemnation, or
purchase of any personal property belonging to Lessee and removable upon
the termination of this Agreement. ___
20. AMENDMENTS: The Lease Agreement, along with the Security
Deposit Agreement, the Rental Application, the Community Rules and
Regulations , and the Water Submetering Addenda, if applicable,
constitutes the entire agreement between the parties; Lessee certifies
that no other representations, either written or oral, were made by Lessor
or relied on by Lessee as an inducement for the execution of, or as
consideration for, this Agreement. Lessee acknowledges receipt of a copy
of each of these documents and agrees that such shall not be modified or
amended except as may hereafter expressly set forth in writing and
executed by the parties or except as may otherwise be provided herein.
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21. TERMINATION FOR
OTHER THAN NONPAYMENT: Resident's
right to occupancy shall terminate or may be terminated as
follows:
a. at the end of the
term of this Agreement or a future term on sixty (60) days' written notice
by either Lessee or Lessor;
b.
at any time Lessee shall be in default on or in breach of any provision of
this Agreement (or the other documents incorporated herein and made a part
hereof by reference, such as the community rules, if any) upon written
notice of such breach or default given by Lessor in accordance with
Chapter 94 of the Texas Property Code;
c. in accordance with the terms and provisions
hereof relating to eminent domain or change in land
use;
d. in accordance with the
terms and provisions hereof relating to release of Lessee in the Armed
Services; or
e. at such other
time as may be agreed to by the parties hereto in
writing.
When resident's right
of occupancy is terminated, Lessee shall pay all rental or other sums due
or owed to Lessor and shall peacefully surrender possession of the
Premises and remove all Lessee's property pursuant to this Agreement and
failure to do so shall be deemed a breach of this Agreement.
___
22. TERMINATION FOR
NONPAYMENT: In the event Lessee
fails to timely pay rent or other amounts due under the lease that in the
aggregate equal the amount of at least one month's rent, Lessor shall
provide Lessee written notice and opportunity to cure such delinquency
before the 10th day after the date the tenant receives the notice. If the
Lessee fails to completely cure such nonpayment within such 10 day period,
Lessor may immediately thereafter file for eviction or pursue other legal
remedies. ___
23. LESSOR'S
REMEDY FOR EARLY TERMINATION:
Except as provided below in this Section, the maximum amount Lessor may
recover as damages for Lessee's early termination of this Agreement, is an
amount equal to the amount of rent that remains outstanding for the
remainder of the term of this Agreement as of the date of such early
termination and any other amounts owed for the remainder of this Agreement
under the terms of this Agreement. If the Lessee's manufactured home lot
is reoccupied before the 21st day after the date Lessee surrenders the
lot, the maximum amount the Lessor may obtain as damages is an amount
equal to one month's rent. ___
24. CHANGE IN LAND USE: Notwithstanding any statement in this Agreement
to the contrary, Lessor may terminate this Agreement without cost or
liability upon a change in land use if, and only if, not later than the
120th day before the date the land use changes, (i) Lessor sends notice to
Lessee, and to the owner of the manufactured home if the owner is not the
Lessee, and to the holder of any lien on the manufactured home specifying
the date that the land use will change, and informing the Lessee, owner,
and lienholder, if any, that the owner must relocate the manufactured
home; and (ii) Lessor posts in a conspicuous place in the manufactured
home Community a notice stating that the land use will change and
specifying the date that the land use will change. Lessor is required to
give the owner and lienholder, if any, the notice required by this Section
only if Lessor is given a written notice of the name and address of such
owner and lienholder. ___
25. TEMPORARY ZONING: D/NA; or the Community is subject to a temporary zoning
permit for land use, and such permit expires: __________________________.
___
26. LESSOR'S MAINTENANCE
RESPONSIBILITIES: Lessor shall
cause the Community to: (i) comply with applicable codes, statutes,
ordinances, and administrative rules; (ii) maintain all common areas, if
any, of the manufactured home community in a clean and useable condition;
(iii) maintain all utility lines installed in the manufactured home
community by the landlord unless the utility lines are maintained by a
public utility or a political subdivision; (iv) maintain individual
mailboxes for the tenants in accordance with the United States Postal
Service regulations unless mailboxes are permitted to be located on the
tenant's manufactured home lot; (v) maintain roads in the Community to the
extent necessary to provide access to the Premises; (vi) provide services
(which may be at Lessee's expense) for the common collection and removal
of garbage and solid waste from within the Community; and (vii) repair or
remedy conditions on the premises that materially affect the physical
health or safety of an ordinary tenant of the manufactured home
community.
27. ATTORNEY'S
FEES: Should either Lessee or
Lessor be required to employ legal counsel to enforce the terms,
conditions and covenants of this Agreement, the prevailing party shall
recover all reasonable attorneys' fees incurred therein.
___
28.
MISCELLANEOUS: This Agreement
shall be governed by the laws of the State of Texas. Lessee acknowledges
having read and understood all of the terms and provisions of this
Agreement and agrees to be bound thereby. All references to "Lessee"
herein shall include and mean all occupants of the manufactured home as
set forth in the Application. The term "Lessor" shall include and refer to
the Community Manager or other designated representative of Lessor. Time
is of the essence of this Agreement. The provisions of this Agreement
shall be severable; if any provision is held invalid or unenforceable by
any court of law for any reason whatsoever, the remaining provisions shall
not be affected and shall be in full force and effect.
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29.
UTILITIES:
a. Water & Sewer is sub-metered and paid by
tenant. Sewer- DO NOT FLUSH SANITARY NAPKINS, TAMPONS, FEMININE PRODUCTS
OF ANY KIND, CONDOMS, HANDY WIPES OR ANY ITEM OTHER THAN TOILET
PAPER. b. THERE IS A MINIMUM MONTHLY CHARGE OF APPROXIMATELY
$24.00 FOR WATER SERVICE.
2. Electric is
Central Power & Light or other provider and paid by tenant. Park will
provide main breaker box. Main breaker and power hook-up to home is tenant
responsibility. Tenant must have licensed electrician for connection and
disconnection. Licensed plumber must connect water sewer to homes. A
licensed contractor approved for all hook-ups is acceptable. Phone &
T.V. cable are tenants responsibility . Payment of sub-metered utilities
is due in full by the 5th of each month.
30. EMERGENCY MAINTENANCE NUMBER: The telephone number of the person who may be
contacted for emergency maintenance is: (361) 758-1330 or (801) 391-1186 .
31.
ADDRESS FOR OFFICIAL NOTICE TO LESSOR: The name and address of the person designated to
accept official notices for the landlord is: 2047 S. SAUNDERS, Aransas
Pass, TX 78336.
32.
DISCLOSURE OF OWNERSHIP AND MANAGEMENT: Lessor is the record title holder to the
Community and its address is: Bart & Jessica Schroder 2047 B
S.Saunders Aransas Pass, TX 78336 . DNA/D Offsite management for the
community shall be provided by _N/A, whose address is:
_N/A____________________________________________________________.
33. PROPERTY TAXES: Lessee agrees to pay all property taxes assessed
against their manufactured home by their original due date and to provide
Lessor with written receipt evidencing such payment within 60 days after
the original due date. Failure to timely provide such receipt will
constitute a breach of this Lease. __
34. INSURANCE: Homeowners and windstorm insurance is required. A
certificate of insurance must be given to management for each renewal
period.___
35. SPECIAL
PROVISIONS:
________________________________________
____________________________________ Lessor’s Signature Lessee’s
Signature
EXECUTED on the date
herein above written.
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