Rental Agreement
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EDGEWOOD ESTATES
26905 OLD EDGEWOOD WEED ROAD
P.O. BOX 99
WEED, CALIFORNIA 96094
RENTAL AGREEMENT
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Space
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Term
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Applicable Term
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Resident Acknowledgement
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Rent
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R.V./Extra Vehicle/Boat Storage
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Maintenance of Land
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Other Monthly
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Base Rent
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Late Fee
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Rent & Utilities
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Payment made to
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Termination
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Remove Home
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Sell Home
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Written Notice
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Security Deposit
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Incorporated Documents
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Amended/Modified
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California Civil Code
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Park Policy
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Compliance with other Rules & Regulations/Clubhouse
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Utilities
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CCCP 789.15(f)/Services provided to each space
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Electricity
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Gas
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Telephone
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Cable TV Services
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Water & Sewer
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Waste Management
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No “ham” operators
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Wood Burning Stoves
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Approval of Purchaser and Subsequent Residents
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Selling of Home/requirement
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Completion of Application/Approval of Park
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Removal of Home
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Use Prohibited
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Motorcycles
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Entry Upon Residents Space
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Indemnification
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Renting, Subletting, or Assigning
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Compliance with Law and Park Policy
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Modification of Residency Documents
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Termination of Tenancy by Park
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Lease
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Termination
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Compliance of local ordinance
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Conduct
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Conviction(s)
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Failure to comply with Park Policy
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Nonpayment of rent
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Condemned
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Change in Use of Park
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Responsibility of the Park
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Park Responsibility
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Services or Facilities
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General Standards
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Surrender and Removal of Mobile Home
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Notices
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Waiver of Default
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Entire Agreement
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Alteration of This Agreement
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Attorney’s Fees and Costs
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Time of Essence
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Invalidity of Provisions
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Hold-Over Tenancy
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Acknowledgment
Signature(s)
EDGEWOOD ESTATES
26905 OLD EDGEWOOD • ROAD P.O. BOX 99
WEED, CALIFORNIA 96094
RENTAL AGREEMENT
THIS RENTAL AGREEMENT (“Agreement”) is made as of the date specified below between Edgewood Estates and the Resident.
- SPACE:
Park rents to _______________________________________________________ (Resident) and Resident rents from Owner, Lot No. ________ (the “Lot”) in Edgewood Mobile Home Park, Inc., DBA Edgewood Estates (the Park) located at 26905 Old Edgewood Weed Road, Weed, California 96094.
Resident or Dealer shall give Park at least 72 hour advance written notice of the date Resident’s home will be delivered to the home site. Resident or Dealer at Resident’s sole expense shall obtain the required installation permit and shall otherwise cause the installation to comply with all applicable laws and regulations then in effect for manufactured home installation. Appurtenances to Resident’s home, including awnings, porches, and decks shall be installed or erected only after obtaining any required permits, and then only with the prior written consent of Park and in compliance with the Park Policies.
Resident’s shall at all times maintain home and the home site in a clean and sanitary condition and shall cause all rubbish and other debris to be removed from Resident’s home and the home site on a regular basis. Landscaping on the home site shall be watered and maintained by Resident; maintenance is at Resident’s expense. In addition, Resident shall comply with all Park Policies (described in Paragraph 13 of this Agreement) pertaining to the maintenance of the home site by Resident.
If Resident fails to maintain the home site in accordance with this paragraph and with applicable Park Policies, Owner shall have the right to perform or cause the performance of the necessary maintenance and to charge Resident a reasonable fee for services performed. Prior to exercising this right, Owner first shall give Resident written notice that states the specific condition to be corrected and an estimate of the charges that will be imposed if Owner corrects or causes the correction of the condition. If Resident fails to correct the condition within 14 days, (Fourteen [14] Day Notice of Intent to Charge for Space Maintenance), or any other period required by then-prevailing law, Park shall have the right to cause the condition to be corrected and to impose a reasonable fee on the Resident for the services performed.
2. TERM:
This lease hereby modifies and supersedes any lease signed by the previous parties, previous to January 1, 2007, except meaning length of lease time, rent, water, and trash.
2.1 Applicable Term of Tenancy (Check one block only)
Option 1. The tenancy shall be for a period of one (1) year and commence on ______________, and terminate on ______________, unless sooner terminated in accordance with the terms of this Rental Agreement
Resident’s Initials ______________
Option 2. The term of this Tenancy shall be month-to-month and shall commence on ________________, __________.
Resident’s Initials ______________
2.2 Resident acknowledges that Owner has offered Resident the option of a 1 year tenancy, or a month-to-month tenancy. Resident acknowledges his understanding that the election on which term to accept is solely at his own option. Resident confirms that even though he has these two (2) options, he has voluntarily elected the term of tenancy set forth above.
Resident’s Initials ______________
2.3 Expiration of this agreement is __________, unless otherwise provided for by the Park’s rules and regulations, Section 4, Termination, and the Mobilehome Residency Law, Article 6, section 798.56 and section 798.59.
3. RENT:
3.1 Recreational and extra vehicle storage including but not limited to trailers, RVs, snug tops, campers, camper top shells, and boats, $1.00 per day per vehicle.
Initial _____________ 2
Rev. 10/07
3.2 Park may charge a reasonable fee for services relating to the maintenance of the land and premises upon which the manufactured home is situation in the event the Resident fails to maintain such land or premises in accordance with the Park Policy after written notification to the Resident and the failure of the Resident to comply within fourteen (14) days.
3.3 Other Monthly Charges (specify): ______________________________________
_____________________________________________________________________________. Charges for recreation vehicles and other vehicles, and charges listed after the title “Other Monthly Charges” may be increased upon a Sixty (60) Day Notice of Monthly Charge Change to Resident.
3.4 The base rent shall be __________ dollars ($_____) per month and this base rent shall remain in effect for the initial 12 months; other than during the first 12 months, rent can be increased with 90 days notice.
3.5 All rents payable hereunder shall be paid by check or money order. Park may, under Three (3) Days Notice to Resident (Notice to Pay Rent or Quit), require payment be made in cash or equivalent. If the entire rent owed by Resident is not paid by the fifth (5th) day of the month, resident shall pay a late charge of Five Dollars ($5.00) to Park. Residents shall also pay to Park a twenty-five ($25.00) charge for each check of Resident’s which is returned or dishonored for any reason by Park’s bank. The acceptance by the Park of any late payment shall not constitute a waiver of any breach of any term or provision of this Agreement, or any rule, regulation, term, or provision contained in any document referred to in this Agreement, nor shall it reinstate, continue, or extend the term of this Agreement or affect any notice, demand or suit hereunder.
3.6 The rent and utilities not paid when due shall bear interest at the rate of ten percent (10%) per annum from the date due until paid.
3.7 Rents shall be paid to Edgewood Estates and mailed to: P.O. Box 99, Weed, California 96094, or dropped in the Park “Drop Box” located on the north side of the Park.
4. TERMINATION:
The Resident(s) occupying the Lot may elect to terminate this Agreement on an unconditional sixty (60) days written notice to such effect to the Park if one of the following occurs:
A. All persons occupying the Lot rented to Resident(s) by this Agreement terminate their Tenancy as to said Lot and remove their manufactured home from the Park. In such event, the Lot shall revert to Park’s control and Park may lease or rent the Lot to any party on any terms he chooses.
B. All persons occupying the Lot rented to Resident by this Agreement terminate their Tenancy as to said Lot and sell their manufactured home to another party who has been approved by Park for tenancy in the Park in accordance with the terms of this Agreement.
C. Sixty (60) Days written notice be mailed to: Edgewood Estates, P.O. Box 99, Weed, California 96094, via certified mail.
5. SECURITY DEPOSIT:
On execution of this Agreement, Resident shall deposit with Park Three Hundred Dollars ($300) as a security deposit for the performance by Resident of the provisions of this Agreement. If Resident is in default, Park can use the security deposit, or any portion of it, to cure the default or to compensate Park for any damage sustained by Park resulting from Resident’s default. Resident shall immediately on demand pay to Park a sum equal to the portion of the security deposit expended or applied by the Park as provided in this paragraph so as to maintain the security deposit in the sum initially deposited with the Park. If Resident is not in default at the expiration of termination of this Agreement, the Park shall return the security deposit to Resident. Park’s obligations with respect to the security deposit are those of a debtor and not a Trustee. Park can maintain the security deposit separate and apart from the Park’s general funds or can commingle the security deposit with Park’s general fund and other funds. Park shall not be required to pay Resident interest on the security deposit. In any such case, the security deposit may be refunded upon renewal of lease.
6. INCORPORATED DOCUMENTS:
6.1 The following documents as they may be amended, modified, or otherwise changed from time to time are incorporated herein by this reference, and Resident acknowledges receipt of a copy of the following forms and documents:
A. California Civil Code provisions known as the “Mobile home Residency Law.”
B. Park Policy, Three (3) Day Notice, Seven (7) Day Notice, Sixty (60) Day Notice, Fourteen (14) Day Notice of Intent to Charge for Space Maintenance, Application to alter/change or install new landscaping, Sixty (60) Day Notice of Monthly Charge Change, Vendor Insurance Requirements.
6.2 The use of Park improvements are conditioned upon the compliance with the posted changed Rules in and around said facilities, as said Rules may be amended, modified, or otherwise altered from time to time, as permitted by the terms of this Agreement, and said Rules are incorporated herein by this reference.
7. UTILITIES:
Owner may, upon giving Sixty (60) Day Notice (60 Day Notice of Monthly Charge Change) to Resident, elect to charge Resident for any of the utilities presently provided to Resident without separate charge.
7.1 In compliance with CCCP 798.15(f) the following is a list of the services provided to each lot:
(1) Electricity – individually metered and billed by Pacific Power.
(2) Propane – individually metered and billed by the Park.
(3) Telephone – billed by your local carrier.
(4) Cable TV Services, Closed Circuit TV, Gate System – billed by the Park.
(5) Water and Sewer – maintained and billed by the Park.
(6) Trash Services – billed by the Park.
7.2 No “ham” operators are allowed to transmit in the Park. No outside antennas are allowed since the Park provides TV cable services. All utility services are underground.
7.3 No wood burning stoves are allowed.
8. APPROVAL OF PURCHASER AND SUBSEQUENT RESIDENTS:
8.1 Resident may sell his home at any time pursuant to the rights and obligations of Resident and the Park under the Mobilehome Residency Law, the Park Policy, and the Rules & Regulations, and other applicable laws. Resident must, however, immediately notify the Park in writing of Resident’s intent to sell his home. If the prospective buyer of the home intends for the home to remain in the Park or for the buyer to reside in the Park, said buyer must do the following before occupying the home:
(1) be a minimum of 55 years of age,
(2) complete a Resident Application,
(3) be accepted by the Park; and
(4) execute a Rental Agreement and Park Policy Agreement for the occupancy of the Lot.
IF THE PURCHASER FAILS TO EXECUTE THE PARK’S RENTAL AGREEMENT, THEY SHALL HAVE NO RIGHTS OF TENANCY. As indicated in paragraph 8.1 above, Approval of Purchaser and Subsequent Residents, the purchaser has no rights of tenancy if the above four criteria have not been met. The rental and other agreements, Park Policy, and other residency documents signed by the new Resident may be different in their terms and provisions than this Agreement and other Agreements, Park Policies and other residency documents now in effect.
8.2 Except for guests, the requirements in paragraph 8.1 for completion of an application accepted by the Park shall be a minimum of 55 years or older and the execution of said documents shall also apply before any additional person other than the ones listed on the last page of this Agreement shall be permitted to become a Resident of the Park or reside with Resident on a semi-permanent or long-term basis.
8.3 The Park may, in order to upgrade the quality of the Park, require the removal of homes from the Lot upon sale to a third party, in accordance with the provisions of Mobilehome Residency Law and other applicable law.
9. USE PROHIBITED:
The manufactured home and Lot shall be used only for private residential purposes. No business or commercial activity of any nature shall be conducted there. No persons other than those listed on the last page of this Agreement, and Resident’s guests, may reside at the Lot without the prior written consent of the Park. No person may regularly occupy the home unless they are fifty-five (55) years of age or older. Owner may demand proof of age of any Resident, guest, or other persons. No more than two (2) persons may occupy the home without Park consent and Park agrees not to unreasonably withhold such consent. In no event will more than two (2) persons per bedroom be permitted. Resident shall not abandon the Lot at any time during the term of this Agreement or renewal or period of holding over. At all times, at least one of the persons listed in the last page of this Agreement as a Resident must be the “legal” or “registered” owner of the manufactured home which occupies the Lot and that person must occupy the manufactured home on a full time basis.
9.1 No motorcycles are to be ridden in the Park except for ingress or egress of a Lot.
10. ENTRY UPON RESIDENT’S SPACE:
The Park shall have a right of entry upon any Lot for maintenance of utilities, for maintenance of the Lot where the Resident fails to maintain the Lot in accordance with Park Policies, and the protection of the Park at any reasonable time, but not in a manner or at a time which would interfere with the occupant’s quiet enjoyment. The Park may enter a home without the prior written consent of the occupant in case of an emergency or when the occupant has abandoned the home.
11. INDEMNIFICATION:
Owner and Park shall not be liable for any loss, damage, or injury of any kind whatsoever to the person or property of any Resident or any of the employees, guests, invitees, permittees, or licensees of any Resident, or of any other person whomsoever, caused by any use of the Park or Lot, or by any defect in improvements erected thereon, or asking from any cause whatsoever, unless resulting from the negligence or willful act of Owner or the Park.
12. RENTING, SUBLETTING, OR ASSIGNING:
Residents shall not sublease, or otherwise rent all or any portion of Resident’s home or the Lot. Residents shall not assign or encumber his interest in this Rental Agreement or the Lot. No consent to any assignment, encumbrance, sublease, or other renting shall constitute a further waiver of the provisions of this paragraph. If Resident consists of more than one person, a purported assignment, voluntary, involuntary, or by operation of law, from one person to the other shall be deemed an assignment within the meaning of this paragraph.
13. COMPLIANCE WITH LAW AND PARK POLICY:
Residents agree to abide by and conform with all applicable laws, ordinances, regulations and all terms and provisions of this Agreement, the Park Policy, and all terms and provisions contained in any document referred to in this Agreement, as said rules, regulations, terms, and provisions may from time to time be amended, modified, or otherwise changed by the Park as permitted by the terms of this Agreement.
14. MODIFICATION OF RESIDENCY DOCUMENTS:
Park may, pursuant to the rights granted to it by the Mobilehome Residency Law or any other law now in effect or as amended, modified, amend, or otherwise change any term, provision, rule, or regulation contained in this Rental Agreement, the amount to be charged (including utilities), and the provisions of paragraphs 7, 16, and 18 of this Rental Agreement, each provision of this Rental Agreement shall be deemed to be a Policy as well, and may be amended, modified, or otherwise changed and enforced as a Park Policy under the Mobilehome Residency Law. If this Rental Agreement is for a term in excess of a year-to-year tenancy, then the term of this Rental Agreement may not be changed and the rent to be charged may only be changed in accordance with the rent adjustment provisions of the Mobilehome Residency Law.
15. TERMINATION OF TENANCY BY PARK:
15.1 This Rental Agreement, at the sole option of the Park, may be declared forfeited and/or then Tenancy may be terminated and/or Resident’s right to possession or to renew Resident’s Tenancy terminated in accordance with the provisions of the Mobilehome Residency Law and other applicable laws. Any such rights granted to the Park due to any amendments, deletions, or modifications of the Mobilehome Residency Law and other applicable laws may be enforced by the Park. The issuance of a termination of tenancy notice shall be considered an election to forfeit the Tenancy within the meaning of the Agreement.
15.2 Resident’s Tenancy in the Park may be terminated by Park for any of the following reasons:
(a) Failure of Resident or other resident of Resident’s home to comply with a local ordinance or a state law or regulation relating to mobile homes within a reasonable time after Resident’s receipt of notice of noncompliance from the appropriate governmental agency or the Park.
(b) Conduct of Resident or other resident of Resident’s home that constitutes a substantial annoyance to other homeowners or residents.
(c) Conduct of Resident or other resident of Resident’s home for prostitution or a felony controlled substance offense if the act resulting in the conviction was committed within Resident’s home or anywhere else on the premises of the Park; provided, however, that Resident’s tenancy will not be terminated if the person convicted of the offense as a resident (other than Resident) of Resident’s home, and permanently vacates and does not subsequently reoccupy Resident’s home.
(d) Failure of Resident to comply with the Park Policies which may be amended from time to time. Any act or omission of Resident or a resident of Resident’s home shall not constitute a failure to comply with Park Policies until Park has first given Resident written notice of the alleged rule or regulation violation and Homeowner or Resident has failed to adhere to the rule or regulation or policy within seven (7) days. Notwithstanding the above, if Homeowner has been given written notice of an alleged violation of the same rule or regulation or policy on three or more occasions within a 12-month period after the first alleged violation, Park need not give a written notice for a subsequent violation of the same rule or regulation or policy.
(e) Nonpayment of rent, utility charges, or reasonable incidental service charges, if (i) the amount due has been unpaid for a period of at least five (5) days from its due date (excluding the date the payment is due), and (ii) the amount remains unpaid for an additional period of three (3) days, beginning on the date Park gives Resident a written Three (3) Day Notice to pay the amount due or to vacate the tenancy. In the event Resident does not pay the amount due prior to the due or to vacate expiration of the foregoing Three (3) Day Notice period, Resident shall be liable for all payments due up until the time the tenancy is vacated. The legal owner, registered owner (if different than Resident), or any junior lien holder of Resident’s home shall have any right granted by then-prevailing law to cure a monetary default by Resident under this lease, if a Resident has been given a Three (3) Day Notice to pay or vacate on three or more occasions within the preceding 12-month period, Park shall not be required to give Resident a Three (3) Day Notice for any subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
(f) The Park is condemned by governmental authority or sold in lieu of condemnation by governmental authority.
(g) There is a change in use of the Park, or any portion of it, provided Park gives Resident all written notices, if any, required under then prevailing law prior to and after the change in the Park’s use, Park may terminate Resident’s tenancy in the Park only by giving Resident written notice of the termination at least 60 days (Sixty [60] Day Notice of Termination), or any other period required under then-applicable law, prior to the date Resident is required to vacate the Park. Any notice of termination shall state the specific facts and the reason or reasons for termination, and shall be served on Resident and/or Homeowner as required by the law then in effect.
16. RESPONSIBILITY OF THE PARK:
A. It is the responsibility of the Park to provide and maintain the physical improve-ments in the common areas of the Park. The Park shall provide all of the physical improvements and services which are now in existence in the Park and provided to Residents or which may be added at a later date. These physical improvements include the non-exclusive use of the common areas and common facilities of the Park which includes without limitation, all streets, non-restricted parking areas, lawns, and other facilities, located in the common areas and common facilities for the use of Residents. These services include the services provided by the Park and other persons employed by the Park and the facilities specified in this Agreement. However, at no time shall any Resident or Guest of Resident cross over any fenced area or enter any area which is deemed a construction area.
B. With respect to the Park’s providing any services or facilities (including utilities) to Resident, any prevention, delay, or stoppage due to strikes, walkouts, labor disputes, acts of God, inability to obtain labor or materials, or reasonable substitutions therefore, governmental restrictions, regulations or controls, judicial orders, fire, or casualty, breakage, repairs, and other causes beyond the reasonable control of the Park will excuse the Park’s performance of the Park’s obligations in these areas for a period equal to any such prevention, delay, stoppage, or repair time. Resident will remain responsible for the rent, utilities, and other charges to be paid by Resident pursuant to the terms of this Agreement.
C. The Park’s general standards of maintenance, standards, or maintenance of physical improvements in the Park, together with services (including utilities), equipment and physical improvements within the Park may be changed from time to time as provided by the Mobilehome Residency Law and other applicable laws. Resident acknowledges that this provision applies to all Residents. Any such rights granted to the Park due to any amendments, deletions, or modifications of the Mobilehome Residency Law and other applicable laws, may be enforced by the Park.
17. SURRENDER AND REMOVAL OF MOBILE HOME:
On the expiration or sooner termination of this lease, Homeowner/Resident shall, at Homeowner’s/Resident’s sole expense, surrender the Lot and cause Resident’s home to be moved from the Lot and the Park, unless Resident has validly assigned this Rental Agreement to a purchasing third party as provided in paragraphs 8 and 12 of this Rental Agreement. All personal property or appurtenances owned by Homeowner/Resident and located on the home site shall be promptly removed. The home site shall be clear of all debris and left in a clean condition.
18. NOTICES:
All notices required or permitted under this Agreement must be in writing and may be served upon Homeowner or Resident by any means then permitted by law. Resident understands that any notice terminating Resident tenancy must be given to Resident in writing in the manner described by § 1162 of the California Code of Civil Procedure. The service of any other notice on Resident, including but not limited to, a notice of rent increase; a notice of amendments to Park’s Policies including standards for maintenance of physical improvements in the Park, additions, alterations, or deletion of services, equipment, or physical improvements; notices relating to other matters in Articles 1 through 5, inclusive and Article 7 of the Mobilehome Residency Law, or future copies of the Mobilehome Residency Law, may be duly and validly served if the notice is mailed to the Resident at his address in the Park by First Class United States Mail, postage prepaid. Any such notice served upon Resident in this manner shall be deemed served five (5) days after mailing.
19. WAIVER OF DEFAULT:
No delay or omission in the exercise of any right or remedy of Owner on any default by Resident shall impair any such right or remedy constructed as a waiver. No waiver by Owner of Owner’s right to enforce any provision here or after any default on the Park or Resident shall be effective unless made in writing and signed by Park, nor shall it be deemed a waiver of Owner’s right to enforce each and all of the provisions hereof upon any further or other default on the part of Resident. The acceptance of rent hereunder shall not be, or become construed to be a waiver of any breach of any term or provision of this Agreement or any rule, regulation, term, or provision contained in any document referred to in this Agreement, nor shall it reinstate, continue or extend the term of this Agreement or affect any notice, demand, or suit hereunder.
20. ENTIRE AGREEMENT:
This Agreement and the documents referred to herein constitute the entire agreement between Resident, Homeowner, Park, and Owner pertaining to the subject matter contained herein and supersede all prior and contemporaneous agreements, representations, and understanding, whether written or oral.
21. ALTERATION OF THIS AGREEMENT:
This Agreement may be altered by the Resident only by written Agreement signed by both of the parties or by operation of law. The Park may alter this Agreement by written agreement signed by both of the parties, by operation of law or in any manner provided for by the Mobilehome Residency Law or other applicable law.
22. ATTORNEYS’ FEES AND COSTS:
In any action arising out of Resident’s tenancy, this Agreement, or the provisions of the Mobilehome Residency Law, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. A party shall be deemed a prevailing party if the judgment is rendered in his favor or where the litigation is dismissed in his favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise.
23. TIME OF ESSENCE:
Time is of the essence with respect to the performance of every provision of this Agreement in which time is a factor.
24. INVALIDITY OF PROVISIONS:
If a court or an arbitrator of competent jurisdiction holds any provisions of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of illegal, unenforceable, or invalid provisions.
25. HOLD-OVER TENANCY:
If Resident’s tenancy is under a Rental Agreement which is no longer than a year-to-year tenancy and if Resident remains in possession of the Lot after expiration of the term of this Agreement and has not executed a new Rental Agreement with respect to the Lot, said possession of the Resident shall be deemed to be a month-to-month Tenancy and the Park may terminate or refuse to renew Resident’s tenancy in accordance with the paragraph in this Agreement entitled “Termination of Tenancy by Park.” Park may also, on ninety (90) days notice (90 Day Notice of Rent Increase), increase the rental rate and other charges of the Park charged to the Resident.
26. ACKNOWLEDGEMENT:
Resident (which includes each of the people whose names are listed below), acknowledges that they have read, understood, and received copies of this Agreement, together with a copy of the Park Policy and all other residency documents referred to in this Agreement, and a copy of the Mobilehome Residency Law, and further, that they have read and understood each of these documents and any other Rules and Regulations and Policies posted in and about the Park. Resident understands that by executing this Agreement they will be bound by the terms and conditions thereof.
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