A Weber Properties community
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 March 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 #------t 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 $330.00, 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______________
Sycamore Park 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.
Sycamore Park Community is an adult community intended for occupancy by persons
55 years of age or older as defined by the “Housing for Older Persons Act of
1995”. A portion of this Act is as
follows:
Section 2. Definition of Housing
for Older Persons.
Section 807(b) (2) of the Fair Housing Act (42
(C) Intended and operated for occupancy by persons 55 years of age or older, and
(i)
at least 80 percent of the occupied units are occupied by at least one person
who is 55 years of age or older;
(ii)
the housing facility or community publishes and adheres to policies and
procedures that demonstrate the intent required under this subparagraph; and
(iii)
the housing facility or community complies with rules issued by the Secretary
for verification of occupancy, which shall
(I)
provide for verification by reliable surveys and affidavits; and
(II)
include examples of the types of policies and procedures relevant to a
determination of compliance with the requirement of clause (ii).
Such surveys and affidavits shall be admissible in administrative and
judicial proceedings for the purposes of such verification;”
2. All residents shall provide Lessor with a copy of valid drivers license or other photo identification and must be 18 years of age or older.
3.
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
4.
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.
5.
No more individuals than is suitable for the manufactured home of its particular
size and design shall occupy manufactured homes.
6.
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.
7.
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.
8.
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.
9.
Fire
extinguishers, smoke detectors and a fire escape plan are encouraged for your
safety.
10.
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.
11.
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.
12.
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.
13.
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.)
14.
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.
15.
Community management (Lessor) reserves the right to, from time to time, amend or
adopt policies, procedures or guidelines upon thirty days notice.
16.
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 3 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 and mowing any lawn not accessible to a 72 inch commercial lawn
mower, 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.
16.
No trees shall be removed without written approval of Lessor.
Resident shall promptly remove dead or diseased trees.
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.
10.
Overnight parking on street is prohibited when snow or ice is forcast.
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.