THIS AGREEMENT IS MADE ON THE ________ DAY OF ______, 2016, BETWEEN SOUTH PARK MOBILE HOME COMMUNITY, THE PARK, AND THE RESIDENT(S), BEING:
RESIDENT (Full Name) DATE OF BIRTH AGE (At Signing)
1. CONSIDERATION. In consideration of the payment of rent and the performance of the
agreements by the Resident(s) set forth in the Lease to the Resident(s), the following described lot in the City of Sheridan, County of Arapahoe, State of Colorado:
Mobile home lot number is _____ located in SOUTH PARK MOBILE HOME COMMUNITY, the
address being 3650 South Federal Blvd., Englewood, CO 80110.
2. TERM. This Lease shall run from twelve o’clock noon, on _________ 2016, and from month to
month thereafter until terminated under the provisions of the Lease.
3. RENT AND FEES. Regular monthly base rent, which is based on, up to and including two (2) persons in a residence, will be $________per month , which includes refuse disposal, recycling and a storage area. Additional monthly charges for extra residents will be $50.00 a month each plus other charges such as gas billing. Total rent shall be $_______ per month. Rent is payable monthly, in advance, on or before twelve o’clock noon of the first day of each calendar month, at the office of South Park Mobile Home Community, without further notice. The Resident(s), whose name(s) appear(s) on the lease is/are responsible for paying his/her own electricity and gas, which are metered separately. Electricity will be billed directly to the Resident(s) by Xcel Energy. The gas meters are owned by the Park and are read monthly, and will be billed to the Resident(s) by the Park at the same rate charged to the Park by Xcel Energy. . The gas charged will be billed with the rent and is due and payable with the rent. EXCEPTION:The North side of South Park does not have metered gas and relies on propane as its primary source for fuel. Northside residents are responsible for paying this cost at market value.
4. THE LEASED LOT shall be used by the Resident(s) only for the purpose of placing the mobile home
described in paragraph (6) and which shall be occupied by Resident(s) for private living and residential purposes only. Occupancy by any other person, not authorized by the Park, or any other use of any kind shall be considered a breach of the Lease. Use shall be for no purposes prohibited by the laws of the United States, or of the State of Colorado, the ordinances of the City of Sheridan, or the Lease or Rules and Regulations of South Park. All residents are required to have criminal background check completed. Any persons found to have been guilty of a felony, or a misdemeanor involving assault, theft, drugs, domestic violence, or other illegal acts which may be deemed to be a potential threat to other residents will not be allowed to become a resident, or even visit any current resident in South Park.
TENANT INSURANCE. Resident(s) acknowledges notification that Park’s insurance does not
insure Resident(s) against loss of personal property on the premises due to fire, theft, vandalism, or other casualties or causes. Resident(s) is responsible for obtaining insurance in such amounts, as Resident(s) may desire for Resident’s own property covering fire and casualty loss and for Resident’s family for liability insurance coverage. Resident(s) shall carry and maintain, at its sole cost and expense, comprehensive general liability insurance protecting against all claims for personal injury, death, property damage, or other liabilities related to the condition, use or occupancy of the resident’s space and mobile home.
South Park Site Lease
MOBILE HOME DATA. The following information identifies the mobile home, and other
pertinent data relating to the Resident(s):
MAKE/YEAR OF MANUFACTURE:
HOLDER OF LIEN OR MORTGAGE:
HOME PURCHASED FROM:
7. SECURITY DEPOSIT: The Resident(s) agree(S) to pay, on or before taking possession of the site, a
security deposit of five hundred dollars ($500.00). Said deposit shall be returned to the Resident(s) upon termination of this Lease if all conditions of this Lease are met. Cost incurred in restoring the site to conditions equal to those existing at the time of taking up of residence thereon by the Resident(s), repair of lawn or yard not maintained or surrendered in accordance with paragraphs (17) and (18) of this lease, or any other costs or damages incurred by the Park as a result of this tenancy, normal wear and tear excepted, shall be deducted from this security deposit. No interest shall be paid on the security deposit as this is part of the consideration bargained for herein. The security deposit or notice as to the same need not be returned, if owing, sooner than sixty (60) days after the termination of this Lease or surrender and acceptance of said premise per Mobile Home Park Landlord-Tenant Act, Title (38), Article (12), Part (2).
8. RENEWALS AND TERMINATION: This Lease may be terminated by the Resident(s) as of the last day of any calendar month, upon not less than thirty (30) days advance notice to the Park. The
Park may terminate this Lease as of the last day of any calendar month, upon not less than thirty (30) days advance written notice to the Resident(s). In those situations where a mobile home is being leased to, or occupied by persons other than its owner and in a manner contrary to the Park’s Rules and Regulations, the Park may terminate this Lease upon thirty (30) days advance written notice, whether said home is single or multi-section. Termination by the Park shall be for one or more of the reasons set forth in the Colorado Mobile Home Park Landlord-Tenant Act in accordance with the procedures set forth in the Act.
DEFAULT. If the rent, or any part of it, is in arrears, or the Resident defaults on any other
provisions of the Lease, or of the Park’s Rules and Regulations, the Park may, at its option and upon notice to the Resident, declare the Lease terminated. The Park’s remedy of termination, and the legal procedures applicable to such termination, shall apply for failure to pay the gas bill and the failure to pay “other monthly charges” that are set forth in Paragraphs (3) and (25) of this Lease. All such charges shall be treated as part of the total rent payable in consideration of the lease of the mobile home lot. This remedy shall also apply to the Resident’s breach of the Park’s Rules and Regulations, which are specifically made a part of this Lease. If the Resident remains in possession of the lot after the termination of this Lease, the Resident shall be guilty of unlawful detainer and shall be subject to eviction and removal pursuant to the Colorado Mobile Home Park Landlord-Tenant Act. The Park may then, pursuant to court order, enter upon the lot,
or any part thereof, and remove the Resident or any person or persons occupying the lot, including removing the Resident’s mobile home and any other property of the Resident found upon the lot, without being liable to the Resident or any occupant of the lot for damages except for gross negligence or willful and wanton disregard of the property rights of the mobile home owner.
South Park Site Lease
In case the lot is left vacant and any part of the rent is due and unpaid, then the Park may, without in any way being obligated to do so, and without terminating this Lease, retake possession of the lot and rent the lot upon such conditions as the Park deems best, making such changes as may be required, giving credit to the Resident for the amount of rent received less all expenses of such change and repairs, and the Resident shall be liable for any balance of rent under this Lease.
10. NOTICES. Park may give all required notices to Resident(s) by personal delivery, by posting on
the main entrance to the manufactured home or by depositing same in the U. S. Mail, addressed to the Resident(s) at the leased premises. Resident(s) shall give all notices to Park by personal delivery or by depositing same in the U. S. Mail, addressed to South Park Mobile Home
Community, 3650 S. Federal Blvd. #97, Englewood, CO 80110. Pursuant to Colorado statute, every notice to terminate tenancy must be in writing, must state the space number, the reason, the date of termination and must be signed by the party terminating the tenancy. In the event of non-payment of rent, Park will give Resident(s) a five (5) day notice to pay rent or vacate. All notices will be given pursuant to the time frames required by the Colorado Revised Statutes.
11. NON-WAIVER. Except to the extent that Park may have otherwise agreed in writing, no waiver
By Park of any breach by Resident(s) of any of the obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenants, agreements or obligations. No forbearance by Park to seek a remedy for any breach by Resident(s), nor any receipt by Park of rent with knowledge of the breach of any terms, covenants or conditions hereof, shall be deemed a waiver by Park of its rights or remedies with respect to such breach or to subsequent breaches.
12. ABANDONMENT. Should Resident(s) abandon the leased premises, or quit or vacate the leased
premises voluntarily, Park shall respond to such abandonment in a commercially reasonable manner and shall be held harmless from any damage suffered by Resident(s) therefrom.
13. ENTRY. Resident(s) of leased premises agrees that at all reasonable times during the term of this Lease, the Park or its agents may enter any leased premises for the purposes of inspection, cleaning, repairs, posting of notices or utility bills or, in the event of an emergency, to perform acts the Park deems necessary for the protection of property or safety of persons. Home-owner resident(s), also, agree that at all reasonable times during the term of during the term of this Lease, the Park or its agents may enter any leased premises for the purposes of inspection, posting of notices or utility bills, conduct welfare checks, or, in the event of an emergency, to perform acts the Park deems necessary for the protection of property or safety of persons. Resident(s) agrees not to hold Park, its employees or agents responsible for any such acts performed by Park while acting in such emergency capacity.
ASSIGNMENT OR SUBLET. The Community is intended to be an owner-occupied community.
Resident(s) agrees not to lease, sublet or assign any part of said premises or the home located thereonwithout the advance written consent of Park. The approved tenant is not permitted to sublease or allow any other persons to occupy said premises except for occasional guests. Park shall have the right, at its sole discretion, to own and rent homes to approved tenants, resident(s).
15. VIOLATIONS OF LAW OR COMMUNITY RULES AND REGULATIONS. All Park Rules and
Regulations are incorporated as terms and conditions of this Lease. Rules and Regulations are adopted to control the use of the common facilities and the peaceful and quiet enjoyment of all residents herein. By signing this Lease, Resident(s) acknowledges receipt of a copy of the current Rules and Regulations. Resident(s) agrees to comply with these Rules and Regulations as adopted, and as may be amended from time to time without consent of the Resident(s), provided they are given 60 days’ notice. The Rules and Regulations are designed to be reasonable and in the best interests of all residents.
South Park Site Lease
Copies of all current Rules and Regulations will be posted and will be available to Resident(s) in the office during normal working hours. A breach or violation of the Rules and Regulations or any local ordinance, state statute, or other laws relating to mobile homes by the Resident(s) or by his or her family, or guests, shall constitute a breach of this Lease and shall be grounds for subsequent termination.
IMPROVEMENTS AND MAINTENANCE. The Resident(s) agrees to keep the improvements upon
the lot, including utility lines and connections, plumbing, and wiring, in good repair, to irrigate and care properly for all trees, shrubbery, and lawn upon or about the lot, to keep the sidewalks, patio, and driveways on the lot free from ice and snow, and to keep the sidewalks and yard free from all litter, debris, and obstructions. The Park shall not be liable for failure of the supply of water, gas or electricity, or for the flow of sewage, beyond the control of the Park, nor for any damage to a Resident’s person or property resulting from such failure, and such failure shall not cause an actual or constructive eviction nor affect the Resident’s obligations under this Lease.
17. SURRENDER OF LOT. Upon termination of the Lease, the Resident agrees to surrender
possession of the lot thoroughly clean and neat, with all trash, rubbish and the Resident’s belongings removed, and with the lot and all fixtures and Park property thereon in as good order and condition as on the date of commencement of the Lease, normal wear and tear excepted.
18. LIABILITY FOR PERSONAL INJURY AND PROPERTY DAMAGE. The Resident states that he or she
has personally examined the premises and accepts it in its present condition and as being safe and habitable. The Resident releases the Park and its agents from any responsibility for injuries or damage caused by others occurring upon or in any way connected with the lot or nearby streets, and from claims for damages that may be caused by the Park’s re-entering and taking possession of the lot under law or under the terms of the Lease, except for gross negligence or willful and wanton disregard of the property rights of the mobile home owner. The Park is not responsible, and shall not be held liable for loss or injury due to fire, theft, or other casualty beyond its control. The Resident(s) shall be financially responsible for any damage to Park property, normal wear and tear excepted, and shall hold the Park harmless from any damage to persons or to property of others, caused by him or by his family, guests, pets or vehicles.
ASSIGNMENT. This Lease is personal to the Resident(s), and any attempted assignment of it by
the Resident(s), sub-letting of lot, or occupation by persons other than the Resident(s), without the prior written consent of the Park shall result in termination of the Lease, and the Park may, at its sole option, re-enter and take possession of the lot, it being understood that such non-assignment and non-subletting are express conditions of the Lease.
20. SALE OF MOBILE HOME ON SITE. The Resident(s) may offer his/her mobile home for sale on
site, contingent upon the condition of the home and lot meeting the standards set forth in this lease, the Park’s Rules and Regulations and State and local laws pertaining to mobile homes. If the prospective purchaser desires to reside in the Park, then the purchaser must apply for and be approved for tenancy in the Park and all necessary documents for tenancy must be completed before taking possession. All units older than 25 years must be inspected by a qualified structural engineer, or a certified technician to remain in the park. The park reserves the right to have any home inspected by a registered engineer of its choosing to verify that the home complies with the standards equivalent to the HUD act of 1976. Upon sale or other transfer of ownership rights in the home, if Park agrees to allow the home to remain and approves the new owner as a tenant, the home must be upgraded to meet all requirements and conditions of this Lease. The lease will not be terminated based on a home reaching 25 years of age as this rule relates to sale or transfer of the home.
21. SALE OR TRANSFER OF HOME ON SITE. Resident(s) further agrees that if the home should be
sold or otherwise transferred, the sales agreement shall provide for delivery of the home to the buyer at some place other than the leased premises unless prior written approval of the new owner and approval to keep the home in the Community is obtained from Park.
South Park Site Lease
Homes will not be allowed to remain after the sale unless the the new owner can demonstrate that the home has been certified to comply with the National Manufactured Housing Construction and Safety Standards Act (42 U.S.C. Sec. 5401, et seq.) or certification by a Colorado registered engineer that the home complies with standards equivalent to the Act.
The park reserves the right to have any such home inspected by a registered engineer of its choosing to verify that the home complies with the standards equivalent to the act. Upon sale or other transfer of ownership rights in the home, if Park agrees to allow the home to remain and approves the new owner as a tenant, the home must be upgraded to meet all requirements and conditions of this Lease.
22. SECURED PARTIES. It is recognized that the holder of any security interest in the Resident’s
mobile home, and any guarantor thereof, may have rights to take possession or control of the Resident’s mobile home. If they exercise such rights, such Secured party or guarantor shall be liable for all provisions of this Lease and subject to Paragraph (28) below, and of the Rules and Regulations from the effective date of the exercise of such rights (for example: by foreclosure or repossession) until removal of the home from the lot.
under the Housing for Older Persons Act (HOPA), of 1995. In accordance with this law, the Park requires that, at least one resident of each unit shall have attained age fifty-five (55) at the time of occupancy. Other residents shall be no less than age thirty (30).
Where there ceases to be at least one person in the residence over the age of fifty-four (54), or where a non-adult (under age 21) takes up residence with the Resident(s) (whether by birth, adoption, custody agreement, guardianship, ward-ship, or any other reason), this shall constitute a breach of this Lease and the Resident’s tenancy shall automatically be subject to termination; except that where the non-adult becomes a member of the household upon birth to the Resident, the Resident’s tenancy shall not be terminated until six (6) months after birth.
24. DELINQUENT RENT AND DISHONORED CHECKS. All rent payments which are due on the first day
of each month become delinquent after 5:00 P.M. on the fifth day of the month. The Resident agrees that a service charge of $35.00 may be assessed by the Park and added to the rent amount due if the rent is not received in full on or before 5:00 P.M. on the fifth day of the month in which it is due. This service charge is not a penalty, but is assessed to reimburse the
Park for administrative expenses of enforcing and collecting delinquent rent, preparing and sending notices, bookkeeping, and loss of the use of rent funds during the delinquency period. In addition, it is agreed that the current banking fee for NSF checks ($35.00) may be assessed for handling each Resident’s check returned to the Park unpaid, and if such check is not paid in cash or certified funds on or before the fifth day of the month in which due, the rent for which the check was given will be treated as delinquent and the service charge for delinquent rent as stated above may also be assessed. All such service charges shall be considered part of the accrued rent.
25. ATTORNEY’S FEES AND COSTS. If there is proven (or admitted) to be a default in the payment of
rent, or other charges by the Resident, or material non-performance by the Resident of any provision of this Lease or of the Rules and Regulations, and if legal action is commenced by the Park against the Resident(s) because of such default or non-performance, the Resident(s) agrees to be liable for the Park’s reasonable attorney’s fees and costs incurred thereby, whether the action proceeds to trial or is settled prior to trial. If the Trial Judge finds that the Park undertook the legal action for a legally insufficient reason and for a dilatory of unfounded cause, attorney’s fees and costs may be awarded in favor of the Resident(s).
South Park Site Lease
26. APPEAL OF MANAGER’S DECISION. Any decision by the Resident Manager of the Park that
adversely affects the Resident’s rights under the Lease, or under the Park’s Rules and Regulations, may be appealed in writing to: South Park, c/o Roger Van Wagner, P. O. Box 1630, Arvada, CO 80001, and the Manager’s decision shall be stayed until a written reply to the appeal is made by South Federal Park Associates.
27. BINDING EFFECT. This Lease shall be binding upon the heirs, successors, personal
representatives, and assignments of the parties hereto. However, if any such person desires to reside on the subject lot, the persons must first apply for and be approved for residency as any other prospective resident. There is no intent by any part to this Lease to confer rights or benefits on any other person.
Park is intended to be exclusive of any other right or remedy. Each and every right and remedy shall be cumulative and in addition to any other rights and remedy given hereunder, now or hereinafter, existing at law or in equity or by statute.
29. SEVERABILITY. If any provision of this Lease is held to be void or unenforceable, all other
provisions of the Lease shall be considered severable and remain effective.
30. INCORPORATION OF COMMUNITY RULES AND REGULATIONS. The Rules and Regulations of the
Park attached to and immediately following this Lease are integral parts of this Lease. Resident(s) agree(s) that he/she has read and is fully aware of Park Rules and Regulations, and that any egregious infraction that is not duly addressed and rectified in a timely manner, may constitute a breach of this Lease and be deemed grounds for termination.
31. ENTIRE AGREEMENT. The Resident(s) declares that in entering into this Lease he or she relied
solely upon the statements contained in the Lease and in the Rules and Regulations of the Park, and they shall supersede any prior or contemporaneous statements or agreements. VERIFICATION OF SECURITY DEPOSIT paid to the Park in accordance with Paragraph (6) of this Lease.
SIGNED ON _______________, THE________ DAY OF______________________________.