Beach Run Community

A Weber Properties community

LEASE

 

 

This Community was designed and planned for your enjoyment.  It is the sincere desire of the Community management (Lessor) to make this a beautiful, comfortable, healthy, safe and enjoyable place for you, your family and your neighbors.  To achieve a basic understanding between you the Lessee and Community management (Lessor), the responsibilities of each are set forth clearly and mutually agreed to below.  This Agreement establishes certain conditions which are necessary for good community relations and are based upon impartial application and compliance in order to insure both Lessee and Community management (Lessor) against any situation which would deny these rights.

 

No rule or guideline shall be established which cannot stand the test of fairness, reason and logic.  This warranty is based equally upon your cooperation and the guarantee of your fundamental rights.

 

This Lease Agreement, hereinafter "Lease," dated February 1, 2011, by and between Sycamore Park, Inc., hereinafter “Lessor" AND  hereinafter "Lessee".

 

In consideration of the mutual covenants herein expressed, and in compliance with ACT 261 of The General Assembly of the State of Pennsylvania, governing the relationship between Lessee and Community management (Lessor), the parties hereto agree as follows:

 

1.  PARTIES BOUND

This Lease will be binding upon the parties hereto and their heirs and executors.

 

2.  PROPERTY

Community management (Lessor) hereby rents to Lessee and Lessee rents from Community management (Lessor), Manufactured Home Space #________________________ in the Community.

 

3.  MANUFACTURED HOME DESCRIPTION

Lessee agrees to place and/or maintain the manufactured home of the following description on the space:

 

Make__________________________________________Model__________________ Year____________Size_____________Color__________

 

4.  TERM

This Lease shall be for a period of ONE (1) MONTH beginning on the first day of February 2011.  In the event Lessee occupies the manufactured home space prior to the beginning date, the rent for such prior occupancy shall be prorated.

 

5.  RENTAL AMOUNT

The monthly rental to be paid by Lessee unto Community management (Lessor) is as follows:  Monthly rent for the manufactured home space is $300.00, plus, as additional rent, charges if any included in the Disclosure of Fees document attached hereto.

 

6.  PAYMENT PROCEDURE

Payments are to be mailed or E.F.T. to the office or other location as directed by Community management (Lessor) from time to time.


 

 

7.  RENTAL DUE

Payments are due on of before the first day of the month. Other charges and fees are due upon billing.

 

8.  LATE CHARGE

If Lessee fails to pay Community management (Lessor) the monthly rental on time, the Community management (Lessor) may collect as additional rent a penalty fee for late payment if the rent is more than seven days overdue.

 

9.  RENEWAL OF LEASE

At the end of the initial term and all subsequent terms this Lease shall be automatically renewed for an additional term of one month subject to any modifying provisions by Community management (Lessor) unless either party shall notify the other in writing a minimum of one month prior to the expiration of the rental agreement that the party does not intend to renew.  All  Leases are to terminate at the end of the standard rental period [last day of month]. 

i.e.   one month notice received Oct. 4, begins November 1 and ends November 30.

 

10.  HOLDOVER REMEDIES

Whenever the term of the Lease expires, if the Lessee continues in possession of the manufactured home space after the date of termination of the Lease without the Community management’s (Lessor’s) written consent, the Community management (Lessor) may recover from the Lessee an amount equal to double the daily rent under the previous agreement,  for each day the Lessee remains in possession and the Community management (Lessor), may in addition, bring an action for possession and damages caused by the holdover.

 

11.  FIRST MONTH'S RENT

Lessee agrees to pay Community management (Lessor) in advance the first month's rent as stated herein.  Said payment shall not be due or received until five days after the last date and time noted on the receipt for the Policy and Fees Disclosure document.

 

12.  TRANSFER OF LEASE

Subject to Community management’s (Lessor’s) right to accept or reject the proposed new Lessee on the same basis by which he accepts or rejects any new Lessee, this Lease will be transferable from Lessee to any person to whom he may transfer title to his manufactured home at any time during the term of the Lease after application to and acceptance by Community management (Lessor).  The new Lessee will assume all of the duties and obligations of the original Lessee, and those of the Community management (Lessor) to the Lessee will remain as to the original Lessee for the remainder of the term of the Lease.  Failure on the part of the original Lessee to notify the Community management (Lessor) for review five  (5) days prior to the transfer of the title to a new Lessee, may be grounds for termination of the Lease and removal of the home. 

 

13.  TERMINATION OF LEASE

This Lease may be terminated prior to the stated expiration date in the Lease as follows:

Community management (Lessor) may, any time after rent is overdue, demand payment thereof and notify the Lessee in writing that unless payment is made within a time specified in the notice the Lease will be terminated.  If the Lessee remains in default, the Community management (Lessor) may thereafter terminate the Lease and bring any proper legal action or suit for recovery of  rent due and a summary proceeding for eviction may be commenced.

 

If Lessee breaches any policy or agreement of the Lease, the Community management (Lessor) shall notify the Lessee of the breach.  Such notice will substantially specify the rule allegedly breached and advise Lessee that if the violation continues the Community management (Lessor) may terminate the Lease and bring summary proceedings for possession of the manufactured home space.       


 

In accordance with the Landlord and Tenant Act, Article V, Section 501e, Community management (Lessor) and Lessee agree that Lessee waives the requirement of Notice to Quit which provides for notice when a resident is legally evicted as provided under Section 3 of the “Manufactured Home Community Rights Act.”

 

14.  OBLIGATION OF THE LESSEE

Lessee hereby agrees that they will abide by the Policies and Guidelines as attached hereto, as well as any additional or amended Policies and Guidelines provided written notice is provided  Violations of these Policies and Guidelines shall constitute a breach of this Lease and be grounds for eviction. All Policies and Guidelines are acknowledged to be conditions of this Lease.

 

15.  COLLECTIONS

In addition to any fee, charge, rent, or debt owing to Lessor under this Lease, the Lessor shall be entitled to collect from the Lessee all of its actual and bona fide expenses incurred as a result of a breach of this Lease by the Lessee, as a result of a violation of the Rules and Regulations (Policies and Guidelines) adopted hereunder by the Lessee, and/or in the context of enforcing the terms of this Lease, including but not limited to its actual court costs, litigation expenses, and reasonable attorney fees, to the fullest extent permitted by law.  The Lessor shall also be entitled to collect from the Lessee any fee, charge, rent, debt, or damages incurred relating to Lessee's improper holdover, abandonment of the manufactured home, or Lessor's storage or removal of Lessee's manufactured home, to the fullest extent permitted by law.

 

16.  SET-UP AND CONNECTIONS TO COMMUNITY SYSTEMS

Set-up of the home and connection to water, sewer and electric is by service/set-up personnel selected by Lessee at Lessee's expense.  Lessee must ensure that competent, qualified personnel follow applicable health, safety, building codes and in compliance with PA Manufactured Housing Improvement Act.

 

17.  LESSEE HEREBY ACKNOWLEDGES

 

A. Lessee acknowledges RECEIPT AND REVIEW of this lease AND the following exhibits:

WEBER 1 Lease

WEBER 2 Application

WEBER 3 Policies and Guidelines

WEBER 4 Rent Charges Fees Disclosure

WEBER 5 Policies and Fees Disclosure Cover Sheet

WEBER 6 Policies and Fees Disclosure Receipt

WEBER 7 Privacy Policy and Fair Credit Notice

WEBER 8 Lessee Seller Disclosure and Receipt 

WEBER 9 Lessee Data form

WEBER 10  Act 261 Important Notice 

 

 

B. That Lessee has provided the information required in the Lessee Data Form and is responsible for updating this data as changes occur.

 

C. That Lessee is aware that the term of payment is monthly on or before the first.

 

D. APPROVALS

Manager to list required approvals (pets, construction, changes, etc.,) here:

Future approvals must be added to both copies (Lessee’s and Lessor’s) of this Lease.

 

DATE______________________________________________________________ ____________________________________________________________

 

DATE _______________________________________________________________

____________________________________________________________


 

DATE _______________________________________________________________

____________________________________________________________

 

DATE _______________________________________________________________

____________________________________________________________

18. Designated notification recipient lessee: In accordance with Act 261 the below listed Lessee is designated to be the official recipiant of all required notices pertaining to this Lease.

Designated Lessee: _____________________________________________________________

Mailing Address_________________________________________________________________

19.  THIS LEASE SHALL HAVE NO FORCE OR EFFECT UNTIL FIVE DAYS AFTER THE LAST DATE AND TIME NOTED ON THE ATTACHED RECEIPT FOR THE DISCLOSURE DOCUMENT REQUIRED BY ACT 261. 

 

I understand and agree to the terms of this Lease and acknowledge receipt of the documents and information listed above.

 

LESSEE  ________________________________  Date and Time     ______________________

               ________________________________  Date and Time     ______________________

               ________________________________  Date and Time     ______________________

 

 

LESSOR (SIGNATURE REQUIRED)___________________________Title________________

 

 

LENDER INFORMATION:

 

COMPANY___________________________________  LENDER PH ____________________

 

ADDRESS        ___________________________________  CONTACT PERSON______________

 

                 ___________________________________  LOAN NO_______________________\

Beach Run Community

A Weber Properties community

 

POLICIES AND GUIDELINES

FOR COMMUNITY LIVING

 

 

To promote a healthy and enjoyable living environment and to protect your investment in your home, certain policies and guidelines have been adopted to enhance through good upkeep the desirability of living in this manufactured home community.  They are to encourage a friendly, clean and well-maintained community of which all can be proud.

Many of the guidelines established by the management are common sense items and deal with courteous behavior to your neighbors.  So, in most cases, they should be second nature and require no extra effort to follow.  Our objective is to maintain a highly regarded residential community with pleasant surroundings in which you can live with pride, dignity, safety and comfort.

 

 

A.  GENERAL REQUIREMENTS:

 

1.     Prior to entry to the community, all applications and forms must be completed with all information requested so that character and credit checks can be conducted to determine community and financial responsibility.  Negative reports regarding character and credit or failure to complete forms completely and accurately may be reason for disapproval.

 

2.     All homes to be placed in the community must be approved by Community management (Lessor) and in compliance with the Home Entrance Requirements of the community.

 

3.     No more individuals than is suitable for the manufactured home of its particular size and design shall occupy manufactured homes. 

 

4.     The home shall not be occupied by any person other than those named in the Lease except for visitors.  No home or premises shall be subleased or put in the possession of another party. It is required that all individuals named on the title must be a lessee on the lease and must live in the home.

 

5.     Visitors that are guests of Lessee in excess of seven (7) consecutive days or in excess of twenty-one (21) days per year are required to apply for community approval for living in the home. After review of criminal, background and/or financial checks in accordance with community procedures.  Approval and listing on the lease may be granted if the additional applicant meets all requirements.

 

6.     Community management’s (Lessor’s) representatives shall have the right to access and be permitted access to the home space and utilities for maintenance or inspection at all times.  This does not include the inside of the home. 


 

7.     Fire extinguishers, smoke detectors and a fire escape plan are encouraged for your safety.

 

8.     Community management (Lessor) will not be responsible for damage, injury or loss by accident, theft, fire, mischief or acts of God to either the property or person of Lessee or guests and Lessee is hereby notified that Lessee will assume all risk in such matters and should insure themselves and their property accordingly.

 

9.     Lessee must continue to provide Community management (Lessor) with the current home mailing address, phone numbers, employment information, and other Lessee data as requested from time to time.

 

10. After providing and complying with the lease termination/move-out notice, Lessee must notify Community management (Lessor) in writing three (3) days in advance of his or her intention to move the home.  Lessee will pay all outstanding charges due to Community management (Lessor), obtain Community management’s (Lessor's) release in writing and obtain required permits and submit copy to Lessor, for movement of home, prior to attaching a tow vehicle.

 

11. Lessees may sell their homes without restriction as to purchaser.  But if the purchaser desires to keep the home in the community, purchaser must comply with the entrance procedures and meet the requirements of residency.  Community management (Lessor) will do its utmost to assist in a timely acceptance of the new Lessee.  Any change of ownership of the home requires a new lease with all owners meeting the requirements of Resident status (i.e. ownership and a party to the lease.)

 

12. To be considered for action, all concerns/complaints, with the exception of emergencies, must be submitted in writing and signed by the Lessee.  Forms are available at the office.

 

13. Community management (Lessor) reserves the right to, from time to time, amend or adopt policies, procedures or guidelines upon thirty days notice.

 

14. Payments are to be made by check,  money order or E.F.T.

 

 

B.  HOME

 

1.     Homes must be maintained to blend with other homes in the community and be in keeping with the general appearance of the community.

 

2.     All homes and home spaces shall be kept in good condition and repair and the exterior will be kept clean, neat, and properly painted at all times.  Community management (Lessor) reserves the right to require reasonable repair, maintenance, and improvement of any home for the general upkeep of the community.

 

3.     All exterior home and home space improvements including but not limited to, temporary or permanent additions, alterations, patios, or patio coverings, porches, concrete or masonry work, skirting, utility changes, or any change in the exterior color of home or buildings must be submitted to and approved in writing by Community management (Lessor) prior to any change


or installation.  Lessees are advised that they must obtain all government permits at their expense, conform to the applicable building code, and be approved by the appropriate authority.  All permits must be submitted to the Lessor before scheduling or the start of work.

 

4.     For front porch: a minimum of a 4’x 6’ pressure-treated wooden deck, painted with a solid color stain, with steps and safety rail.  For rear steps: pressure-treated wooden steps with safety rails, painted with a pre-approved solid color stain. 

 

5.     Any addition shall be of a design in harmony with the home, be constructed in a craftsman-like manner and match the existing finish (ie siding and roofing material) with the home.

 

6.     The base of each home shall be fully enclosed by vinyl interlocking skirting or other approved by management material that shall be kept clean and free of holes, gaps, openings or dents.

 

7.     Exterior plastic coverings (windows, doors, screens etc.) are prohibited.

 

8.     Window unit air conditioners are not permitted in the front (street side) windows of homes.  All window air conditioners must be self-supporting or bracketed to the side of the home; supports to the ground are not permitted.

 

9.     The hitch for each home must be concealed or removed.

 

10. TV and any other antenna shall not be higher than 12 feet above the roof of the manufactured home.  Satellite dishes exceeding 39 inches in diameter are not permitted.  Electronic or other devices that interfere with other Lessees will not be permitted.

 

11. It is the intent of the water meter installed on the service line coming from the ground to meter ALL water usage.  There shall be no connection of any device (tee, valve, spigot, line, etc.) on the service line whatsoever between the connection at the ground and the meter. All water lines and drains must be maintained leak-free and heat tape protected to the bottom of the water connection pit.  Any damages to the service line such as but not limited to broken water meter, water pipe or pipe fitting that  occur because of broken, weak or failed heat tape or pipe insulation will be repaired at the home owners expense.

 

12. All utilities to the home must be installed, maintained, and be in good working order at all times.  (i.e.  Electricity, gas, water, sewer, heat.)

 

13. Existing oil tanks should be maintained in such a manner that they are level, stable, on a firm footing, rust free, and painted to blend with the color of the home.  Lines and tank must be free of leaks and defects and must be environmentally safe.

 

14. Oil/kerosene heating systems shall not be permitted for homes entering the community.  After January 1, 2012 if an oil heat system is in need of major repair or replacement it must be changed to electric or propane.

 

15. As of January 1, 2012, upon the sale of any home using kerosene or oil as a fuel for the heating system must be inspected by a third party inspection company to ensure no leaks or potential environmental hazards  A copy of the inspection report is to be sent to Lessor and all deficiencies corrected at the lessee’s expense. 

 

 

16. C.  PETS

 

1.     No pets are allowed in the community except by specific written permission of Community management (Lessor).  A maximum of two (2) pets per household is permitted; this may include only one (1) dog.  Community management (Lessor) reserves the right to accept or reject any pet.  Breeds of dog that are not permitted shall include but are not limited to any Mastiff, Doberman Pinscher, German Shepherd, Great Dane, Husky, Pit Bull, Rottweiler, Saint Bernard, Chow, Akita, Presa Canarios, Wolf Hybrids, Alaskan Malamutes, or any mixed breed involving the aforementioned breeds.

 

2.     Prior to bringing a pet into the community, Lessee must obtain approval for and register pet with Community management (Lessor).  A photo of the dog must be included with the registration form.  Any animal or pet not registered will not be allowed to remain in the community.  Dogs must be licensed in accordance with all applicable local and state laws.  Unregistered pets are not permitted in the community.

 

3.     Pets must be kept on a leash held by a responsible individual when outside the home and must never be allowed to run at large.  Under no circumstances may a pet be tied outside.  Outside pet ties are not permitted. 

 

4.     Pets must be curbed on Lessee's yard.  It is the responsibility of Lessee to remove animal waste a minimum of twice a week.

 

5.     Noisy or unruly pets or those that cause complaints will not be allowed to remain in the community.

 

6.     Outside pet houses are not permitted.

 

7.     Feeding animals or leaving food or drink outside the home is strictly prohibited.

 

8.     Service animals must be registered with the office with documentation identifying them as service animals.

 

 

D.  YARD AND HOME SPACE

 

1.     Yard care, including weeding at the street line, is the responsibility of Lessee.  Lawns must be neatly cut, beds weeded, leaves raked, and bushes trimmed at all times.  Grass and weeds must be trimmed to a low and neat level along the base of the skirting as well as steps and porches.  Cutting debris must be removed from the street.  Community management (Lessor) reserves the right to mow and/or trim any home space that is neglected and charge Lessee accordingly.

 

2.     The planting of trees, shrubs and flowers is permitted and encouraged for improved appearance.  However, to reduce the possible damage to underground utilities, please consult with management before digging.  All trees, shrubs and flowers become a permanent part of the home space.

 

3.     Community management (Lessor) reserves the right to restrict the size, content, and location of gardens.  All gardens shall be small and well maintained.  The planting of corn or sunflowers is prohibited.

 

4.     No wading pools, swings or other play equipment shall be allowed on premises without the written permission of the Community management (Lessor). 

 

5.     A very limited number of lawn ornaments and exterior decorations shall be permitted at the discretion of Community management (Lessor).  Community management (Lessor) may limit the size, number and type.

 

6.     Lessee may not place or maintain any signs on or within the rented property, other than Lessee's name, address, and seasonal decorations (which must be removed after the applicable holiday or season).  In addition, Lessee may place one (1) professional-looking "For Sale" sign which shall be removed within twenty-four (24) hours of the time when the home is no longer offered for sale or  political campaign sign [not more than thirty (30) days prior to election].

 

7.     Clotheslines may not be erected; however a single pole clothes tree may be installed at the rear of the home, provided it is placed in the collapsed position when not in use.

 

8.     Fences are prohibited.

 

9.     Lessor will not be held responsible for any injury or damage that is a result of not removing snow and ice from walks and driveways within 24 hours of the end of the snow or ice fall..

 

10. All items such as but not limited to lawn mowers, toys, tools, concrete blocks, tires, etc. must be stored inside your home or in an approved shed.  No storage outside the home is permitted (except ½ cord of firewood (4x4x4) that must be stored on a raised platform in the least visible location on the home space).

 

11. Storage sheds shall be limited to one (1) per home space, must be professionally designed and constructed with vinyl siding or other pre-approved material to match or compliment the home exterior.  Sheds must be maintained in good repair and appearance. They must have doorways that are closed if not in use.  Community management’s (Lessor’s) permission must be obtained prior to placement of a shed on a home space.

 

12. The burning of trash, rubbish, leaves, or other materials is prohibited.

 

13. All garbage and trash must be bagged and placed in watertight containers.  Trash should not be placed for pickup earlier than the night before the scheduled morning of pickup.  Trash containers must be kept tightly sealed, clean, neat and placed away from view.        

 

14. Disposable diapers, paper towels, sanitary napkins, or any other foreign matter shall not be put into the sewer system.  Lessee shall be solely liable and responsible for all costs involved in sewer stoppages due to the above causes.

 

15. Attended outdoor grills are permitted to be used in the community in accordance with manufacturer’s safety instructions. 

 

 

E.  VEHICLES

 

1.     Only currently licensed and inspected vehicles in good repair and appearance, which are used on a regular basis, are permitted in the community.  Vehicles leaking gas or oil must be removed from the Community and any residue on the street or driveway must be cleaned.  Community management (Lessor) may reasonably limit the number of vehicles parked in the community by Lessee.

 

2.     Vehicles must be parked in the paved spaces provided.  Driving or parking on grass, patios, or common areas of the community is prohibited.  Temporary parking for occasional, short term guests is permitted in the visitor parking in the front of the community and along the roadway, so long as the vehicle does not prohibit passage.

 

3.     The right to park in the community is limited to Lessees and their guests.  Guests must be visiting with a Lessee at his/her home in order to park in the community.

 

4.     A speed limit of ten (15) miles per hour, or as posted, must be observed at all times.

 

5.     Vehicle repair, overhaul, and draining of oil or radiators are prohibited.

 

6.     Vehicles with loud engines, go-carts, unlicensed motorbikes and scooters, 3 or 4 wheelers and snowmobiles are not permitted in the community.

 

7.     Parking or storage of commercial vehicles, tractor cabs, stake-body, service-body, dump-body or utility-body type trucks is not permitted in the community.

 

8.     Boats, trailers and recreational vehicles are prohibited at the home space except for a short period (up to two days) to load or unload before or after use.  In-community use is prohibited.

 

9.     Parking is limited to the number of vehicles that can reasonably be accommodated, at the discretion of management, on the paved surface provided at the home space.

 

 

 

 

F.  COMMUNITY LIVING

 

1.     Community management (Lessor) reserves the right to eject or prohibit entry to any individual who causes a disturbance or becomes a nuisance.   

 

2.     Lessees shall be responsible for the conduct of the members of their household, their pets and their visitors and shall be liable for any damages caused to the property of the community or others.  Drunkenness, loud parties, acts of inappropriate conduct as determined by management or any activity that disturbs the peace and tranquility of the community is prohibited.

 

3.     No peddling, soliciting or commercial enterprise is allowed in the community without the written consent of Community management (Lessor).  No routine babysitting or Home Day Care Service of unrelated children from outside the community is permitted.

 

4.     Noise, whether from televisions, radios, voices, mufflers, or other sources, which are disruptive or objectionable as determined by management, is prohibited.  Noise levels shall be further reduced between the hours of 10:00 P.M. and 8:00 A.M. for the benefit of all Lessees.

 

5.     Trespassing on another home space is prohibited.

 

6.     Individuals are not to play in the roadways.  Bikes, toys, etc. are not to be left or parked on the roadways, sidewalks or lawns when not in use.

 

7.     Air rifles, BB guns, bows and arrows, pellet guns, fireworks, etc. and weapons of any type may not be discharged or displayed in the community.

 

8.     Any violation of federal, state or local laws and ordinances shall be considered a violation of these policies and guidelines.

 

9.     Conviction of any criminal offense shall be the basis for immediate termination of the rental agreement.

 

10. Individuals must conduct themselves in a manner to maintain a safe, clean, quiet and healthy community at all times without creating interference with other individuals.

 

11. Yard sales may only be held on the first Friday and Saturday in June and the last Friday and Saturday in August with rain dates limited to the following Friday and Saturday.