Separation Agreement - Adult Community Mobile Home Park …



CRESCENT GARDENS MOBILE HOME PARK

15 PLANK ROAD

WATERFORD, NEW YORK 12188

(518) 373-4810

LOT RENTAL/LEASE AGREEMENT OCTOBER 2017

Upon its execution this document becomes a contract by and between MRK Real Property, LLC, referred to in this agreement as Park Management, and _______________________________________ referred to in this agreement as the Resident for Resident’s rental of Lot Number_____ at Crescent Gardens Mobile Home Park or CGMHP referred to in this agreement as the premises upon following terms and conditions:.

A. RENT:

1. Rent shall consist of Base rent and Additional rent.

2. Base rent is due on the 1st of the month, in advance, in the amount of $________

3. If the rent is paid after the 10th of the month a 5% late charge on the delinquent rental payment will be added to the base rent.

4. There will be a $50.00 charge for any check received from a Resident returned for insufficient funds and all future rents must be paid in cash, bank check of money order.

5. In addition to the base rent, each Resident will pay monthly additional rent for the Resident’s pro rata share of the cost of garbage collection in CGMHP, based upon the total number of occupied lots in CGMHP divided into the total cost of the garbage collection. Each Resident shall pay $22.00 each month by the 1st of each month.

6. In addition to the base rent, each Resident will be billed annually additional rent for the Resident’s water and sewer district unit and usage cost. Park Management represents that for the last year the charge per occupied lot was $492.00. Each Resident shall pay $41.00 each month by the 1st of the month.

7. STAR Tax credits will be reimbursed depending on State policy. All tax credits must be documented and confirmed by the State of New York and Town of Halfmoon Assessor’s office.

8. All sums of money which, under any clause of this agreement, may be due from the Resident to the Park Management shall be considered additional rent and shall be paid to the Park Management at the time the Resident shall be required to pay any base rent. All additional rent is due by the 1st of the month. Rent shall be considered paid as the post mark date on the envelope transmitting the rent check.

9. Rent payments shall be made payable to: MRK Real Property, LLC, 6 Chelsea Place, Clifton Park, NY, 12065. Please note the lot number on the check.

10. Base rent plus additional rent charges equal $________ per month.

B. TERM

1. This agreement shall be for an initial term of ONE year from OCTOBER 1 2017 to SEPTEMBER 30 2018.

C. REGISTRATION

1. All new resident(s) must register and be pre-approved in writing by Park Management upon arrival. All payments due as outlined under section A RENT must be made before they will be permitted to move into CGMHP.

2. Only those people who are registered at the office are permitted to reside in Resident(s) home. In any and all events, no more than 2 persons plus one shall reside at the premises at any time.

3. Resident shall register all guests staying in excess of two weeks with Park Management. Failure to register extended guests may result in eviction from CGMHP.

4. A locked mail box will be provided by the Park Management for each Resident. Resident shall notify the post office of the Residents address. Mail box key replacement charge will be $30.00.

5. Resident(s) must register their vehicle with Park Management upon arrival (see further regulations under section F MOTOR VEHICLES).

D. PETS

1. Harboring a pet, one Cat and one Dog, is permitted with breed restrictions. Pit Bull, Doberman Pincher, Rottweiler and Akita breeds are not permitted. Dogs must weigh less than 25 pounds. Feeding stray animals is strictly forbidden. Any animals running loose within the park will be delivered to the Town of Halfmoon animal warden. Any pet permitted to remain in the park pursuant to this rule shall be immediately removed in the event the pet bites or injures in any way any resident, employee or guest in the Park. All pets must be registered with the Park Management so that a record of pets permitted can be maintained. The rules for those who have pets are as follows:

a. Pets must be on a leash when being walked outside Resident(s) home.

b. Pets must be tied when left outside manufactured home in such a manner so as not to permit the pet to stray from the space occupied by the Resident(s).

c. Pets must be kept inside after 9:00 p.m.

d. Pets may not be kept outside if the owner is not home.

e. No person having care or custody of a pet shall permit the pet to soil, defile or commit any nuisance upon any sidewalk, street or thoroughfare or Park property.

f. Excessive barking at any time of day or night will be considered a nuisance.

g. Female animals must be spayed and proof of spaying shown to the Manager.

h. Breaking of any of the above rules will be grounds for eviction.

i. One pet per home is recommended.

j. No pets are allowed in Park Owned Homes.

k. All cats must be indoor cats.

l. Current vet inoculation certificate must be on file with Park Manager

E. MAINTENANCE OF SITES AND MANUFACTURED HOMES:

1. Home must be kept in good condition visually and physically. Roof must be covered with shingles or metal and peaked. All missing shingles must be replaced. All singles must match. Side walls must be vinyl or metal sided and kept clean, freshly painted and undamaged. All dented or damaged siding must be repaired within 30 days. No unsightly tarps or covers on roofs or outside structures are allowed. Your home sheds, porches, decks and steps must be properly maintained at all times and if painted must match the home. All homes must be skirted with approved vinyl T-lock type skirting. Failure to comply may result in eviction from CGMHP.

2. Any home brought into the Community must have a HUD seal and lapped vinyl siding, pitched shingled roof, detachable hitch and heated with gas or electricity. In addition, it must be equipped with water-saver toilets, smoke/carbon monoxide detectors and must be anchored to the ground with hurricane tie downs. Each home must be fully skirted within 30 days of its arrival in the park, upon resale or upon 30 days written notice to replace existing skirting that is in disrepair. All skirting must be approved by the Office before installation. SKIRTING MUST BE PROPERLY MAINTAINED AT ALL TIME THEREAFTER. Hitches are to be removed and enclosed with skirting. Home must have window coverings in all windows. They must be in good visual condition from the outside of the home. They cannot be sheets, blankets or towels. Your home must be clearly identified with its site number. Satellite dishes and TV antennas must also be installed at the rear of your home. All exterior antennas must be approved by park management. You shall keep an approved 2 1/2 lb. Class B or C fire extinguisher in operable condition and readily accessible in your home. Hitches and axles must remain with and be stored under the home.

3. Residents shall provide an adequate anchoring system for the home as required by law.

4. If a manufactured home is substantially damaged by fire or other cause, the homeowner will repair or remove the home, or the Park Manager will remove manufactured home at the homeowner’s expense. A period of one (1) month is allowed for this process.

5. STEPS must be factory manufactured or neatly constructed wooden, steel or pre-cast cement steps and approved by the park management. Concrete blocks are not acceptable for steps. The top landing can be not greater than 5’ by 5’. All homes must have 2(two) ways of egress.

6. DECKS/COVERED PORCH must be constructed with pressure treated lumber. If an improvement must be moved (due to snow plowing, utility line repair, etc.) it must be moved at your own expense. ONLY ONE PORCH OR DECK PER SITE IS PERMITTED AND CAN BE NO LARGER THAN 8’ BY 12’.

7. STORAGE/SHED UNITS: Must be a manufactured storage/shed unit or, if constructed of wood, the plan for unit must be submitted to Park Manager for written approval before the start of construction. Any shed must be of good repair. The shed color is to harmonize with the home ONLY ONE UNIT PER SITE IS PERMITTED and no greater than 8’ by 10’.

8. TRASH must be stored in concealed containers until trash collection day, at which time containers must be placed at roadside. Trash containers must be removed from the roadside by dusk or the day of collection. Plastic liners are recommended. Only park supplied trash containers are allowed.

9. LAWN MAINTENANCE Residents are expected to keep their lots in immaculate condition. Lots must be kept mowed to less than 3”. All lawn areas must be maintained as lawns not parking areas, and all shrubbery must be trimmed below 6’. Only small plants, shrubs and flowers maybe planted. No trees may be planted. Tenant is responsible for trimming all shrubs on their property. The yard must be free of weeds, leaves, branches, sticks and all debris by Resident(s) occupying the site.

10. Resident shall control and remove all noxious insects and rodents as well as ragweed, poison ivy, oak or sumac in, on or about their lot.

11. UTILITIES: Resident(s) are responsible for placement and maintenance of heat tape and heat probe on water lines and water riser. Heat tape and probe must be in kept in proper working order. Resident(s) is responsible for any repairs resulting from freeze ups, stoppages or leaks as well as the resulting overflow from the water or sewer lines. Running water to prevent freeze ups is strictly prohibited. Resident(s) is responsible for sewer pipes throughout the home. Resident(s) is responsible for maintaining and repairing the electrical line throughout the home. Upon your failure to make such repairs, we shall have the right to make them and our charge for this work shall immediately become due and payable from you as additional rent. There will be a charge of $225.00 for replacements of well heads if determined it was mishandled by Resident(s) or his representative at the sole discretion of the Park Manager.

12. OIL OR PROPANE HEATING SYSTEMS are NOT allowed in the park.

13. Clothes may not be dried outside the home.

14. All building, additions or alterations are prohibited except for steps, shed, deck or porch. You must have written approval by the Park Management and town of Halfmoon building department before construction can begin. A copy of the building permit must be filed with the park management and remain posted at your home during the construction. Construction work must be performed during the hours of 8:00 a.m. – 7:00 p.m.

15. Homes, structures and sheds shall be situated such that a minimum separation distance of 10 feet exists.

16. Swimming pools are prohibited on all lots.

17. No exterior fires are allowed. No cutting or splitting of wood is allowed. Gas interior fireplaces are allowed.

18. No fences are permitted.

19. Driving of stakes or digging of holes in the ground anywhere in the Park is prohibited due to the possibility of damaging underground utilities. If you wish to landscape your lot, you must inform the Manager so that the underground layout can be checked and damage to lines be avoided. No trees may be planted. In the event damage is done to an underground line, payment for repairs will be assessed to Resident (s) at the rate of $35 per hour plus material cost.

20. Toys and bicycles must be stored out of sight when not in use. No swing sets or other detached structures allowed except for one storage unit.

21. Items such as tires, lawnmowers, auto parts, lumber, building material, unused furniture, broken toys and manufactured home parts or any debris MUST NOT BE STORED IN OPEN AREAS.

22. All lots must have a parking area of at least 18’ wide by 20’ deep with rubble base and asphalt top. Stone or rubble driveways are not allowed. All pot holes must be promptly repaired with asphalt patch.

F. MOTOR VEHICLES AND OTHER VEHICLES:

1. Resident(s) may keep only licensed and operative vehicles in the Park. Inoperative, unlicensed or unsightly vehicles and vehicles of non-residents that are brought in for storage will be towed away at the Resident(s) expense. No unauthorized boats, motorcycle, trailers or other motorized vehicle maybe stored on site.

2. Operation of unauthorized or unregistered vehicles is prohibited within the Park and adjacent properties, and only licensed drivers are permitted to operate any type of vehicle. This includes but is not limited to: ATV’s, dirt bikes, snowmobiles, off road motorcycles, quad and other non-street legal vehicles

3. Pursuant with Town of Halfmoon laws, vehicles are only allowed to be parked in designated driveways, not in yards or on any lawn areas. Following a warning, they will be towed at owner’s expense.

4. The speed limit in Crescent Gardens Mobile Home Park is 15 miles per hour and must be observed at all times.

5. Major repairs, or blocking up of autos for repair or storage, is prohibited everywhere in the Park.

6. All authorized vehicles must be parked in the Resident’s designated parking space. Vehicles parked on the road will be towed at the owner’s expense.

7. Residents are not allowed to have unregistered or unauthorized motor vehicles in Park.

8. No car ports are allowed without Park Management approval.

G. CHILDREN:

1. Children must be kept under parents’ control. Parents will be responsible for any damage done by children or guests to Park property or any other Resident’s home.

2. Children are not allowed to congregate or play in public thoroughfares or park roadways. This includes riding of tricycles and big wheels. All minors must be off the common property by 10:00 p.m.

H. MOVING

1. Residents must give Park Management 90 days’ notice of moving.

2. The home shall not be moved without Park Management supervision. No car or heavy vehicle may be driven on the park premises for any reason. Upon removal of a home the Resident is responsible to completely clean up the premises and remove all debris. Resident or mover is responsible for any blacktop damage to driveway or roadways when moving out a home.

3. A $500 security deposit for the final clean up and damage coverage must be paid to the Park Management prior to home removal.

4. Only licensed experienced manufactured homes movers will be permitted to move homes. The home mover is required to supply Park Management with a certificate of insurance naming Park Management as additional insured.

I. GENERAL REQUIREMENTS OF TENANCY :

1. No noise, music or disorderly conduct annoying or disturbing to the occupants of the Park will be permitted.

2. Park Management reserves the right to enter a Resident’s lot to make inspections, corrections or repairs at any time during an emergency. They must give prior notice for routine issues.

3. Park Management reserves the right to evict a Resident if their conduct is deemed to be detrimental, hazardous or incompatible with the interest, welfare and/or peaceful environment of CGMHP.

4. Residents shall be held responsible for damage caused by themselves, their children or their guests or pets.

5. Park Management assumes no liability for loss caused by fire, theft, accident or any other cause on or within the Residents lot. Residents shall adequately insure their homes, contents and liability. Residents shall purchase Home Owners insurance, name MRK Real Property, LLC as additional insured or additional interested party and supply Park Management with a copy of the insurance binder. The comprehensive personal liability insurance most be a minimum of $300,000.

6. The application form signed by the Resident shall be considered part of this agreement and the Resident hereby represents that all information on the said application is true and accurate.

7. This agreement will be binding on the parties’ heirs and assigns.

8. No modification or wavier of any of the terms of this agreement shall be valid unless in signed writing. No waiver of any breach or default of this agreement shall be deemed a waiver of subsequent breach or default.

9. In the event that there is a default under this agreement and it becomes necessary for either party to hereto to employ their services of an attorney either to enforce or terminate this agreement with or without litigation the losing party to the controversy shall pay the successful party reasonable attorney’s fees and in addition such reasonable costs and expenses as incurred enforcing or terminating this agreement.

10. The Resident agrees that this agreement shall be subordinate to any mortgage which may be secured by Park Management.

11. Residents shall orally and in writing immediately report any of the following to Park Management:

Interruption or malfunction of electrical, water or sewer systems.

Any contact with police, emergency medical, fire personnel or any occurrences within CGMHP.

Any incident in the common areas of CGMHP which result in injury or damage. Resident waives any claim for any injury or damages as a result of any incident which is not promptly reported.

12. Assignment of your lease to any other person without the Park Manager’s written approval is prohibited. In the event a Resident plans to sell a manufactured home within the Park, the Resident must comply with local and state laws requiring that a prospective purchaser be shown the CGMHP lease. Resident must advise Park Management of the planned sale of the home. Park Management must meet the prospective purchaser in person and have him/her fill out an application before he/she will be accepted into the Park. It is suggested that in all proposed sales of homes within the Park, the Manger be contacted, as he/she will be able to assist in the selling process. No “FOR SALE” signs can be displayed anywhere in the Park without the written consent of the Manager. A 3’ by 2’ FOR SALE sign maybe posted on the Resident’s mobile home.

13. No peddling, soliciting or commercial enterprise is permitted in the Park.

14. Non-soluble items such as rags, hard paper, cloth, sanitary napkins, frying oil or fat, or items made of plastic and rubber must not be flushed down drain or toilet. Resident(s) will be held liable for damage at the rate of $35 per hour, to restore passage of sewer lines caused by the violation of this rule.

15. Tampering with fuses or electric service to the manufactured home is strictly forbidden.

16. Fireworks, firearms or any explosives are absolutely prohibited in the mobile home park.

17. Drunkenness, sales or use of drugs, or immoral conduct will cause eviction.

18. It is expressly understood between the parties hereto that Park Management may amend this agreement only when agreed upon by both parties.

19. Violation of any of the conditions contained herein shall constitute grounds for eviction.

20. In the event a tenant abandons a mobile home for more than 30 days then the mobile home is deemed abandoned and the landlord is deemed to be the owner of the mobile home and can remove the mobile home from the mobile home park without any recourse from the tenant.

21. Prior to occupancy Resident must provide proof of age to demonstrate their senior status.

22. Water leak inspections shall be done at least twice annually. A notice 7 days prior to the inspection date shall be issued. Resident must allow Park Management access to inspect for water leaks. Resident will have 7 days to repair all leaks. If leak is not repaired, Park Management shall repair the leak and payment for repairs will be assessed to Resident (s) at the rate of $35 per hour plus material cost.

23. No smoking is allowed in or around Park Owned Homes.

J. FEES:

1. A processing fee of $50 will be levied each time the Park Management is obliged to serve a 30-day notice.

2. Each time the Park Management is obliged to prepare court papers, a processing fee of $100 will be assessed.

3. An eviction fee of $550 will be levied if Park Management or their agent must appear in court for the Resident’s eviction.

4. Credit application review fee of $30 applies to all potential and existing Tenant.

5. Security Deposit. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of ______________________DOLLARS ($__________) receipt of which is hereby acknowledged by Landlord, as security for any damage or default during the term hereof. Such deposit shall be returned to Tenant, less any amount for damages or default upon the termination of this Agreement.

6. Hold Over Provision. If Tenant remains in possession of the Lot with or without the consent of Landlord after the expiration of the Lease term, a month to month tenancy shall be created which shall be subject to all of the terms and conditions hereof except that rent shall increase to 125% of the most current rent.

IN WITNESS WHEREOF, Park Management and Resident hereby execute this contract offered on __________________, which shall commence on the first day of _________________2017.

DATED:

_______________________________________________________________

RESIDENT SIGNATURE Date

_______________________________________________________________

PROPERTY MANAGER Date

7/2017

4/2017

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