STATE OF NORTH
CAROLINA
COUNTY OF HENDERSON
LEASE
AGREEMENT
THIS AGREEMENT is made this
day of ,
by and between
____________________________________ (hereinafter called "Lessor"), and
____________________________________
(hereinafter called "Lessee");
WITNESSETH
That in consideration of the mutual covenants hereinafter set forth, the parties do hereby covenant and agree as follows:
1. PREMISES
LEASED, TERM OF LEASE, AND OCCUPANCY Lessor does hereby rent and
lease to Lessee condominium unit #________ at __________________ in Fleetwood
Plaza Condominiums (hereinafter the "Premises"), for a term of
month(s) commencing on
_______________________, 20_____, and ending on
________________________, 20 _____, midnight.
Either Lessor or Lessee may terminate the tenancy at the expiration of the Initial Term
by
giving written notice to the other at least days prior to the expiration date of the
Initial Term. In the event such written notice is not given or if the Lessee holds over beyond the Initial
Term,
the tenancy shall automatically become a
to tenancy upon the same terms and conditions herein and
(period) (period)
may
thereafter be terminated by either Lessor or Lessee by giving the other ___________ days written notice prior to the last
day of the then current period of the tenancy.
2.
RENT Lessee covenants and agrees to pay to Lessor at __________________________________
a monthly rent equal to $ ________ promptly on the first day of each rental month in
advance
during the term of this Lease. The first rental payment, which shall be prorated if the Initial Term commences on a day other than the first day of the applicable rental payment period, shall be
due
on _____________________ and shall constitute payment for the period
(date)
ending ______________________ in the amount of $
_______________
(date)
3.
LATE PAYMENTS AND RETURNED CHECKS
Time
is of the essence in this Agreement, and if Lessor elects to accept rent after the ___________ day of the month, a late charge, upon request of Lessor, of $
___________ may be charged as additional
rent. In the event Lessee’s
rent check is dishonored by the bank, Lessee agrees to pay Lessor $ _________
as a handling charge and, if appropriate, the late charge. Returned checks shall be redeemed by cash, a cashier's check, certified check, or money order. If more than two checks are returned, Lessee agrees to pay all future rents and
charges in the form of cash, a cashier's check, a certified check, or money order.
4. SECURITY DEPOSIT The Lessee shall deposit with the Lessor the sum of $ to secure the faithful performance of the Tenant's promises and duties contained herein (the
“Security Deposit”). The Lessor will deposit the Security Deposit in a Trust Account with
__________
________ having an address of ____________________________ to secure the performance of the Lessor's obligation to refund the Security Deposit as herein provided.
The Security Deposit shall be held, and upon the termination of the tenancy be returned to
Lessee within thirty (30) days after the unit is vacated if:
i.
The lease term has expired or this Agreement has been terminated by both
parties;
ii.
All monies
due Lessor by Lessee have been paid; and
iii.
The Premises are not damaged and are left in the same condition as exists at tine
execution of this Lease, normal wear and tear excepted.
The
deposit may be applied by Lessor to satisfy all or part of Lessee's obligations, and such application shall not prevent Lessor from claiming damages in excess of the deposit. Lessee agrees not to
apply the deposit to any rent payment and also agrees to pay $
_________ for re-keying locks if all keys are not returned. Lessee acknowledges receipt of _______
keys.
In the event that any part of the deposit has been used by Lessor in accordance with the terms of
this Agreement or applicable law, Lessee shall upon demand immediately deposit with Lessor a sum
equal to the amount so applied by Lessor so that Lessor shall have the full deposit on hand at all times during the lease term including any extension, renewal or holdover term. In the event of any permitted assignment or sublease of this Agreement by Lessee, the deposit shall be deemed to be held by Lessor
as
a deposit made by Lessee's assignee and Lessor shall have no further liability to return such deposit
to the assignor.
THE SECURITY
DEPOSIT MAY, IN THE
DISCRETION OF EITHER THE
LESSOR OR THE
AGENT, BE DEPOSITED IN
AN INTEREST-BEARING ACCOUNT WITH THE BANK OR SAVINGS INSTITUTION IDENTIFIED ABOVE. ANY INTEREST EARNED UPON THE SECURITY
DEPOSIT, WHETHER THE SECURITY DEPOSIT IS DEPOSITED IN A TRUST ACCOUNT OR HELD
OTHERWISE SHALL ACCRUE FOR THE BENEFIT OF, AND SHALL BE PAID TO, THE LESSOR, OR
AS THE LESSOR DIRECTS. SUCH INTEREST, IF
ANY, MAY BE WITHDRAWN BY LESSOR OR AGENT FROM SUCH ACCOUNT AS IT ACCRUES AS
OFTEN AS IS PERMITTED BY THE TERMS OF THE ACCOUNT.
5. ASSOCIATION IS
THIRD PARTY BENEFICIARY Lessee and Lessor acknowledge that
Fleetwood
Plaza Regime, a North
Carolina non-profit corporation,
(hereinafter called
the
“Association”) is a third-party beneficiary of the promises made in this Lease Agreement.
6.
COMPLIANCE AND ENFORCEMENT BY
ASSOCIATION Lessee shall comply
strictly
with
the Declaration of Condominium (hereinafter the
“Declaration”), the By-Laws of the Association (hereinafter the
“By-Laws”), and with the Rules and Regulations adopted pursuant thereto, as any of the foregoing may be lawfully amended from time to time. Lessee shall control the conduct of his
or
her family and guests in order to assure compliance with the foregoing and shall indemnify and hold Lessor and the Association harmless for any such person's failure to comply. Lessee acknowledges that
the violation by Lessee or
any
occupant or person living with Lessee of any provision of the Declaration, By-Laws or the Rules and Regulations adopted thereunder shall constitute a default under this Lease.
In order to enforce the provisions of this Lease Agreement, the Association may bring an action against the Lessor or Lessee for damages or injunctive relief or may impose any other sanction authorized
by the Declaration or By-Laws or available at law or in equity
including, without limitation, all remedies
available to a landlord
upon breach or default of a lease (including eviction). Failure by the Association to
enforce any of its rights shall not be deemed a waiver of the right to do so thereafter.
Lessor hereby
delegates and assigns to the Association, acting through the Board, the power and
authority of enforcement against the Lessee for breaches
resulting from the violation of the Declaration, By-Laws, and the Rules and Regulations adopted pursuant thereto, including the power and authority to
evict the Lessee on behalf and for the benefit of the Lessor, in accordance with the terms thereof. In the
event the Association proceeds to evict the Lessee, any costs including attorney's fees and court costs,
associated with the eviction shall be specially
assessed against the unit and the
Lessor, such being deemed
hereby as an expense which benefits the Lessor.
Lessor hereby represents that Lessee has been given a copy of Declaration, By-laws and the Rules and Regulations of Fleetwood Plaza Condominiums and Fleetwood Plaza Regime, that Lessee has read them,
and that Lessee is bound by them.
If a Lessee or
a person living
with
the Lessee, violates the
Declaration, By-Laws or
a Rule or
Regulation for which a fine is imposed, such fine may be assessed against the Lessee; provided, however if the fine is not paid by the Lessee within the time period set by
the Board of Directors of the Association,
Lessor shall pay the fine upon notice from the Association of Lessee's failure to pay the fine.
Unpaid fines
shall constitute a lien against Lessor's unit.
7.
PAYMENT OF ASSESSMENTS Upon written request by the Association. Lessee shall
pay to the Association all unpaid annual assessments and special assessments, as lawfully
determined and
made payable during and prior to the term of this Agreement and any other period of occupancy by Lessee; provided that Lessee need not make such payments to the Association in excess of, or prior to the
due dates for, monthly rental payments unpaid at the time of the
Association’s request. All payments
made
under this Paragraph
shall
reduce,
by the same
amount,
Lessee's obligation to make monthly rental payments. If Lessee fails to comply with the Association's request to pay
assessments, Lessee shall pay to the Association all late or delinquent charges, interest, and costs of collection including but not limited to, reasonable attorney's fees actually incurred, to the same
extent Lessee would be required to make such payments to the Association if Lessee were the owner of
the Premises during the term of this Agreement and any other period of occupancy by the Lessee.
8.
POSSESSION Lessor shall not be liable for damages to Lessee for failure to
deliver possession of the Premises to Lessee at the commencement of the term if such failure is
due to no fault of the Lessor. Lessor shall use his
or
her best efforts to give possession of the Premises to the Lessee at the beginning of Lessee's term.
9.
MAINTENANCE AND INDEMNIFICATION Lessee
accepts Premises in the
condition in which they
are now and as suited for the use intended by Lessee. Lessor shall not be required to make any repairs or improvements on the Premises, except that on written notice from the Lessee of any
defect rendering the Premises unsafe or untenantable, Lessor shall remedy such defective condition. Lessee shall comply
with
all notices and other requirements, including the Declaration, By-Laws and Rules and Regulations of the Association concerning maintenance and repair. Lessee shall be liable for and shall indemnify and hold Lessor harmless from any damage or injury to the person or property of Lessee or any other person if such damage or injury be due to
the
act or neglect of the Lessee or any other person in his control or employ, or if such damage or injury be due to any
failure of Lessee to report in writing to Lessor any
defective condition which Lessor would be required to repair under
the terms hereof on notice from Lessee. Lessee releases
Lessor from liability
for
and agrees to indemnify
Lessor against all losses incurred by Lessor as a
result of (a) Lessee's failure to fulfill any condition of this Agreement; (b) any damage or injury
happening in or about the Premises to Lessee's invitees or licensees or such person's property; (c)
Lessee's failure to comply with any requirements imposed by any governmental authority and as
provided in Paragraph 6 hereof; and (d) any judgment, lien, or other encumbrance filed against
the
Premises
as a result of Lessee's
action. Lessor shall not be liable for damage to Lessee’s
property of any type for any reason except where such is due to Lessor's negligence.
10. USE Lessee shall not use or allow the Premises to be used for any disorderly or unlawful purposes or in any manner offensive to others, and Lessee shall comply
with
all applicable laws and ordinances. Lessee shall not remodel or make any structural changes to the Premises, nor shall Lessee remove any fixture therefrom.
Lessor transfers and assigns to Lessee for the term of the lease any and all rights and privileges that Lessor has to use the common elements of the Development, to include, but not be limited to, the use
of any and all recreational facilities or other amenities.
11. UTILITIES All utility bills for services separately metered or billed to the Premises
during the lease term shall be paid by
.
To avoid any freeze
damage, heat must be maintained at not lower than 55° F during the winter.
12. PETS To the extent that Lessor permits its Lessee to keep any pets, Lessee shall be permitted
to keep only those common household pets which are permitted by the Declaration, By-Laws, and Rules and Regulations of the Association.
13.
VEHICLES: PARKING The Lessee agrees to park motor vehicles in the areas designated
by
the Board of Directors of the Association. Only passenger vehicles shall be parked on common areas, unless placed upon a portion of the Common Elements or Limited Common which is designated for such
purpose, or which may be designated from time to time for the storage of such items. No more than two
vehicles per Unit may be parked on Association property. “Passenger vehicles” specifically
exclude commercial trucks, recreational vehicles, boats, boat trailers, trailers, motor homes and commercial vans.
14. ASSIGNMENT AND SUBLEASING Lessee shall not assign this Lease or sublet.
15. CASUALTY If the Premises are rendered untenantable by
fire, storm, earthquake or other
casualty, this Lease shall terminate
as of the date of such destruction
or damage, and
rental shall be accounted as of that date.
16. ACCESS Lessor, his or her agents, and the agents of the Association shall have the right of access to the
Premises,
upon notice to Lessee, between the hours of 8:00 a.m. and 8:00 p.m., for inspection
and maintenance. In case of emergency, such parties may enter at any time to prevent property damage or personal injury.
17. DISCLOSURE The owner of record of the Premises or person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for demands and notice is:
__________________________
(owner) (agent)
__________________________
(address)
__________________________
The person authorized to manage the Premises is:
__________________________
__________________________
(address)
__________________________
18. HOLDOVER Lessee shall not remain in possession of the within-leased Premises after the
expiration of this Lease. Any holding over of the within-leased Premises by Lessee after the expiration of this Lease without a written renewal thereof or written consent from Lessor or
Lessor’s agents and the Board of Directors of the Association, shall not constitute a tenant-at-will interest
on
behalf of Lessee, but Lessee shall become a tenant at sufferance. There shall be no renewal whatsoever of this Lease by operation of law.
19. SURRENDER Whenever
under
the
terms
hereof Lessor
is entitled to
possession
of Premises, Lessee shall at once surrender same to Lessor in as good condition as at present, natural wear and tear excepted and Lessee shall remove all of Lessee's effects therefrom. Lessor may forthwith re-enter
Premises and repossess himself or herself thereof and remove all persons and effects therefrom, using
such force as may be necessary without being guilty of forcible entry or detainer, trespass, or other tort.
20. ABANDONMENT If Lessee removes or attempts to remove property from the Premises
other than in the usual course of continuing occupancy without first having paid Lessor all monies due, the
Premises may be considered abandoned, and Lessor shall have the right without notice, to store or dispose
of
any property left on the Premises by Lessee. Lessor shall also have the right to store or dispose of any
of
Lessee's property remaining on the Premises after termination of this Agreement. Any such property shall be considered Lessor's property, and title thereto shall rest in Lessor. Lessor shall have the right to
re-rent the Premises after Lessee abandons same.
21. DEFAULT Any breach or violation of any provision of this Agreement by Lessee shall
give Lessor the right to terminate this
Agreement or to take possession and hold Lessee liable for the
remainder of the term. Should possession be obtained, Lessor, at Lessor's option, may re-rent the Premises as Lessee's agent at the risk and cost of the defaulting Lessee, whose default shall not relieve him or her
of
liability for the difference between the rent herein reserved and the rent actually received by Lessor
during the term remaining after such default occurs.
22. CONDEMNATION In the event that the Premises or any part thereof (other than common
elements, the taking of which does not prevent continued occupancy
of
the Premises) is taken by
any authority exercising the power of eminent domain, this Lease shall terminate as of the date possession
shall be taken by the condemner. Lessee waives all claims against Lessor or any condemning authority
by reason
of the complete or partial taking of the Premises, and shall not be entitled to receive any part of
any
award which Lessor may receive, hereby quitclaiming all interest therein to Lessor.
23. SUBORDINATION OF RIGHTS Lessee's and Lessor's rights shall be subject to all rights
of
the Association and any bona fide mortgage or deed of trust which is now or may hereafter be placed upon the Premises by Lessor.
24. ENTIRE AGREEMENT AND WAIVER This Agreement contains the entire agreement
of
the parties, and no representation, inducement, promises or agreements not contained herein shall be of
any
force or effect. No failure of Lessor to exercise any power given Lessor hereunder, and no custom or
practice of the parties at variance with the terms hereof shall constitute a waiver of Lessor's right to demand exact compliance with the terms hereof.
25. REMEDIES CUMULATIVE All remedies
under this Agreement or by law or
equity shall be cumulative. If suit for any breach of this Agreement establishes a breach by
either Lessor or Lessee, the party found in breach shall pay to the other party all expenses incurred in connection therewith, including, but not limited to, attorney's fees.
26.
APPROVAL OF BOARD OF DIRECTORS This Agreement is subject to the
approval of the Board of Directors of the Association and shall become effective only upon such written approval.
27.
ILLEGAL ACTIVITIES The conduct of any unlawful activities on the Premises shall constitute a breach of this Agreement.
28.
SUCCESSORS This Agreement shall inure to the benefit of and shall bind the heirs, successors, personal representatives and assigns of all parties to this Agreement.
29. SPECIAL
STIPULATIONS
a.
Lessee is obligated to abide by the winterization procedures as established by
the Board from time to time (reference Article 7, Section 7.14).
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
LESSOR: _____________________________ (signature)
Name: _____________________________ (please print)
LESSEE: _____________________________ (signature)
Name: _____________________________ (please print)
LESSEE: _____________________________ (signature)
Name: _____________________________ (please print)
Approved
Not Approved
This _______ day of ______________, 20______.
FLEETWOOD PLAZA REGIME
By:
__________________________
For
the Board of Directors