MEADOW CREEK VILLAGE MOBILE HOME PARK
ADDENDUM TO MEADOW CREEK VILLAGE RENTAL AGREEMENT
THESE RULES AND REGULATIONS ARE AN
INTEGRAL PART OF YOUR RENTAL AGREEMENT.
Meadow Creek Village Mobile Home Park is owned and operated by Weslee Properties, Inc., an Oregon Corporation. Meadow Creek Village employs an onsite manager who represents the interests of the owner with respect to Meadow Creek Village. For the purpose of these Rules and Regulations the owner and its employees, agents, and representatives are jointly referred to as “Park Management.”
The purpose of these Rules and Regulations is to bring together in a convenient place a summary of the rules and regulations and procedures that affect Residents. Residents should read these Rules and Regulations and become familiar with its content. Residents should be comfortable referring to these Rules and Regulations whenever a question arises. If these Rules and Regulations do not answer the question, Residents should contact Park Management for assistance.
These Rules and Regulations are intended to promote the convenience, safety, or welfare of the Residents; preserve Park Management’s property from abusive misuse; and/or make a fair distribution of services and facilities in Meadow Creek Village for the general use of Residents.
These Rules and Regulations revoke and supersede any prior summaries or statements of rules and regulations. It is the primary document that describes the Meadow Creek Village rules and regulations. Park Management expects to revise and update these Rules and Regulations from time to time. Park Management will advise Residents of changes or additions or deletions in Rules and Regulations by circulating such changes or additions or deletions in writing.
Section 1 MOBILE HOME SET-UP
1.1 Prior to siting any mobile home in Meadow Creek Village, each Resident shall be responsible for coordinating with Park Management in advance of moving in to specifically locate the position of the mobile home on their assigned mobile home site (the “Site”). Corner stakes will be set on the Site to locate the proper position of the mobile home relative to the street and lot corners. Each Resident will be responsible for coordinating with the mobile home dealer and/or transportation company that moves the mobile home to ensure that the mobile home is properly positioned on the Site. All utilities, including without limitation, natural gas, electrical, telephone, cable television, sewer, and water connections, as well as placing gravel or concrete runners on the Site and blocking the mobile home, are each the responsibility of each Resident.
1.2 Each Resident is responsible for any damage caused during the siting of Resident’s mobile home and shall release, defend, indemnify, and hold Meadow Creek Village and Park Management harmless from and against any damage, liability, and expense incurred by Meadow Creek Village or Park Management as a result of any damage or injury to any person or property in any way related to the acts or omissions of Resident or Resident’s guests or invitees.
1.3 Residents are prohibited from moving any mobile home within Meadow Creek Village without the prior written consent of Park Management. The installation, movement, and removal of any mobile home shall be accomplished in accordance with all applicable federal, state, and local laws, codes, ordinances, and regulations, now in force or which may hereafter be in force.
Section 2 MOBILE HOME STANDARDS
2.1 Prior to siting any mobile home in Meadow Creek Village, each Resident shall be responsible for providing Park Management with a copy of the mobile home purchase agreement (if the mobile home is new) and/or an accurate description of the mobile home that confirms that the purchase agreement includes all required improvements as set forth in Section 2 hereof, specifically including without limitation, skirting, decking, and awnings. In those cases where a Resident is moving a qualifying home into Meadow Creek Village that is not a new purchase, each Resident shall be responsible for providing Park Management with a recent photograph (not more than thirty [30] days old) accurately portraying the current state of the mobile home together with complete descriptive information (in writing) identifying the size and materials of all improvements that Resident proposes will be sited in Meadow Creek Village.
2.1.1 In those cases where a Resident elect to personally install home improvements, such as skirting, awnings, decking/steps gutters/downspouts, as opposed to employing the services of a licensed contractor, each Resident shall be responsible for installing all improvements in accordance with the terms hereof, specifically including without limitation, Section 2.1 through 2.18 hereof, and with all applicable laws, codes, regulations and ordinances. Resident further agrees to provide Park Management with a drawing in advance which clearly identifies and accurately portrays the improvements proposed to be completed by Resident. Said drawing should include the size of the improvement structure and the materials, including color of exterior that is to be used in the construction to allow Park Management to verify that the improvements will comply with the mobile home standards of the community. All work must be completed promptly in a professional, workmanlike manner, and in accordance with all applicable laws, codes, regulations, and ordinances.
2.1.2 All drawings submitted by Resident must be approved by Park Management in writing prior to the construction of the improvement. Each Resident shall be responsible for obtaining any and all permits, if required by the City of Dallas or otherwise, and shall complete said improvements in accordance with the deadlines/timetable set forth in Lease Agreement.
2.2 No permanent alterations are to be made to the mobile home or Site without the prior written permission of Park Management. Park Management reserves the right to approve any exterior accessory or structure added to the mobile home or placed on the Site prior to its construction and/or installation. All structures must be of factory/manufactured material or specifically approved in writing by Park Management in writing prior to their construction and/or installation. Park Management reserves the right to request that all permanent structures erected by a Resident on a Site by removed at Resident’s expense when Resident moves from Meadow Creek Village.
2.3 All mobile homes, accessories, and/or alterations/additions shall comply with all applicable federal, state and local laws, statutes, codes, regulations and ordinances now in force, or which may hereafter be in force, pertaining to the construction, condition, alteration, extension, location, installation, use, and maintenance of the mobile home. In no event shall a Resident occupy a mobile home prior to final inspection and approval by public authorities including without limitation the City of Dallas.
2.4 All mobile homes must have a window of not less than twelve (12) square feet on the side of the mobile home facing the street; example: three feet six inches (3’ 6”) wide by three feet six inches (3’ 6”) high. A smaller window may be allowed with the prior written approval of Park Management on the condition that Resident install landscaping acceptable to Park Management across the front of the mobile home to visually compensate for the lack of a window(s).
2.5 All towing hitches must be removed immediately after the mobile home is placed on the Site.
2.6 All mobile homes must be a minimum of twenty-four (24) feet wide and must be approved by Park Management in writing prior to move-in. All mobile home roofs must have composition shingles or the equivalent with a gable profile. A mobile home will typically not be accepted if it is more than five (5) years old as of the date of move-in. Meadow Creek Village reserves the right to refuse the admission of any mobile home which does not, in the sole discretion of Park Management, meet park standards or the condition and/or appearance of the mobile home is misrepresented.
2.7 All mobile homes are required to have wood, composition, vinyl or aluminum lap siding. Skirting must be compatible with the exterior of the mobile home. Wood skirting must be smooth pressure treated plywood coated with a grey-tone textured acrylic coating. Brick or rock ornamental skirting is acceptable, if approved in advance by Park Management in writing. Corrugated metal, fiberglass or vinyl skirting are notallowed. Skirting must be continuous and any noticeable cracks or seams between skirting panels must be filled prior to painting. Skirting must be installed within thirty (30) days after the mobile home is moved into Meadow Creek Village.
2.8 Temporary steps must be removed not later than thirty (30) days after move-in.
2.9 All mobile homes must be connected to the sewer line with rigid pipe. The mobile home must be placed on the Site so as to cover/enclose the sewer and water connections.
2.10 All mobile homes must have gutters and down spouts connected by underground three (3”) inch rigid pipe to the curb drain. Gutters and downspouts are to be installed not later than thirty (30) days after the mobile home is moved into Meadow Creek Village.
2.11 Each Resident shall be responsible for installing the space number of their mobile home on the front side of the mobile home approximately five (5) feet above ground level.
2.12 All mobile homes must have awnings and decks not less than the minimum sizes outlined below:
2.12.1 Patio side: Deck – forty-eight inches (48”) x seventy-two inches (72”) of continuous deck or patio;
2.12.2 Awning – forty-eight inches (48”) x seventy-two inches (72”) of continuous awning;
2.12.3 Factory/Manufactured aluminum or wood frame awning with composition shingle roof; and
2.12.4 Carport Side: Landing – thirty-two inches (32”) x thirty-two inches (32”).
NOTE: Awning framing & supports for metal awnings must be metal; awning framing and supports for wood frame awnings must be two-inch (2”) x four-inch (4”) wood framing material and four-inch (4”) x four-inch (4”) wood support posts. If the design of the mobile home provides for a covered entry, a patio-side awning is not required. Corrugated metal or fiberglass awnings are not allowed. Any wood frame awning must be designed and painted to match the mobile home and be approved by Park Management in writing prior to its construction. Any awning on the carport side of the mobile home must be approved by Park Management in writing. Sun setter type Awnings are permitted ONLY in the back of property, brand and design must be preapproved by management. Awning must be maintained kept from tearing or becoming tattered or bent. No tarp type structures will be permitted to be erected.
2.13 All mobile homes must have one or more slabs or decks adjacent to the mobile home, exclusive of driveway or carport surface, constructed of concrete, flagstone, mortared brick, or wood surface which singularly or in combination total at least one hundred twenty (120) square feet of area and is not less than four (4) feet in any dimension. Awnings and decks must be installed within thirty (30) days following after the mobile home is moved into Meadow Creek Village unless other arrangements have been made in writing with Park Management.
2.14 Each Resident shall be responsible for installing two (2) above-ground hose bibs (one on either side of their mobile home). All above-ground piping must be protected from freezing with adequate heat tape and wrapped with insulation. All above-ground plumbing must be connected to an underground shut off/gate valve which is accessible and maintained in good working order at all times.
2.15 Resident shall receive a Site Landscaping Worksheet at the time Resident makes application for residency in Meadow Creek Village. The Worksheet shall outline a general landscaping plan which may be used as a model for preparing each Resident’s landscaping plan. Prior to siting any mobile home in Meadow Creek Village, each Resident must submit a Site Landscaping Plan to Park Management for review and written approval. No mobile home will be allowed to move into Meadow Creek Village until the Site Landscape Plan has been approved by Park Management in writing. Installation of all space landscaping will be completed not later than ninety (90) days following move-in unless otherwise agreed in writing by Park Management. The Site Landscape Plan shall be automatically incorporated into the Lease Agreement.
2.16 In addition to all approvals required to be obtained from Park Management, each Resident is responsible for obtaining all building permits required by all public authorities, including without limitation the City of Dallas, prior to move-in and set-up of Resident’s mobile home and/or the construction of any improvements. Residents are not, however, responsible for permits pertaining to structures provided by Meadow Creek Village.
2.17 Meadow Creek Village reserves the right to make reasonable modifications to the mobile home standards identified herein on a case by case basis to accommodate special circumstances which, in the sole discretion of Park Management, may be dictated by the terrain of Meadow Creek Village or individual spaces/lots, or other factors.
2.18 Meadow Creek Village reserves the right to prohibit any mobile homes in Meadow Creek Village on the basis of exterior color or appearance. Any changes to original factory exterior home colors must be approved in writing by Meadow Creek Village prior to re-painting. Requests for color changes must be made in writing and include an accurate sample of the requested color.
2.19 No air conditioning units will be installed or maintained in any window or wall facing the street side of the site.
Section 3 MOBILE HOME AND LOT MAINTENANCE
3.1 Each Resident shall be responsible for maintaining and keeping clean and in good repair the exterior of their mobile home as well as all appurtenant structures such as decks, steps, storage building(s) and fences at all times. All wood structures such as decks, hand railings, and the like, shall be painted or stained as deemed necessary by Park Management to prevent their visual and/or physical deterioration. Residents Driveways and personal sidewalks must be maintained, repaired, or replaced when pitting, excessive cracks, lifting or sinking occurs.
3.2 Residents are required to install Lawn or other green design in front of manufactured home (NO yards are permitted to be all rock, rubber or Bark) Resident must provide drawn schematic of yard design before installation or before any existing site is changed., Residents are responsible for maintaining all lawn areas, flowers and shrubbery within the Site. Lawns shall be set back at least twelve inches (12”) from the mobile home, storage building or any other structure. Lawns shall be mowed and maintained on a regular basis during the spring/summer/fall growing season, edged and kept reasonably free of weeds and consistently watered as to keep grass healthy and green. All shrubbery and hedges shall be kept pruned to as not to allow the plants to grow more than eight (8) feet in height. All flower bed areas must be maintained with ground cover bark or compost so that roots and ground soil is not permitted exposed No rubber ground cover, organic materials only. Meadow Creek Village reserves the right to perform whatever maintenance may be deemed necessary or appropriate by Park Management and charge Resident per each occurrence a One Hundred Dollar ($100.00) maintenance fee upon due notice.
3.3 No significant landscaping changes shall be made without the prior written consent of Park Management. All landscaping improvements made to the Site shall, upon termination of the Resident’s tenancy, become the property of Meadow Creek Village except as provided herein below. Resident may not remove any improvements upon termination without the prior written consent of Park Management.
3.4 Residents absent for an extended period of time – two (2) weeks or longer – shall be responsible for arranging for the care and maintenance of the Site during their absence.
3.5 No fences over six (6) feet high will be permitted in Meadow Creek Village. Redwood or cedar fences are allowed on sides and rear of the Site. Wood fences must be constructed of alternating slats and stained/sealed with clear wood preservative. Wood fence posts must be of four-inch (4”) x four-inch (4”) pressure treated wood and installed in concrete. Side Site fences may not extend closer than twenty (20) feet from the street or beyond the front of the mobile home. Cyclone fences are allowed only in the rear Site area of the Site. No fences are permitted on the street side of any Site. All fences must be approved in writing by Park Management prior to installation. Residents shall be responsible for maintaining any fence located on the Site.
3.6 Park Management expressly reserves all right to regulate, restrict, manage, and control the Common Areas or any portion thereof, including, without limitation, the right, from time to time to grant to others rights to the Common Areas, restrict access to the Common Areas, and to alter, add to, relocate or delete from any Common Areas. Park Management hereby grants to Resident a nonexclusive license to use the Common Areas during the term of the Lease Agreement. Park Management reserves the right, in its sole and absolute discretion, to reconfigure, secure, close off, conduct surveillance, and otherwise deal with all areas to which such license applies. Park Management further reserves the right to monitor and/or record without prior notice any aspects of the Common Areas and/or Meadow Creek Village in general by any means, including without limitation, visual, auditory, closed circuit television, audio, video, electronic, computer, and/or photo surveillance, and the like. Park Management shall have the right, to do and perform such other acts in and to said areas and facilities, as the Park Management shall determine to be advisable with a view to the improvement of the convenience and use thereof by Residents.
3.7 Common areas, driveways, streets, sites and site areas including porches and decks are to be kept clear and free from trash and litter at all times. Residents/landscapers are NOT to blow/sweep any yard debris onto the sidewalks/ streets at any time; except designated leaf pick up times once notified. All yard debris/leaves must be placed in yard waste bin or hauled off by landscaper. Personal property is not to be left in the streets, driveways, carports or common areas. Parking Areas/Carports shall not be used for storage of personal property, firewood, gardening tools and equipment, and the like, must be stored in each Resident’s storage shed or out of sight.
3.8 Furniture left outside a mobile home shall be limited to items commonly accepted as outdoor patio or furniture.
3.9 Firewood must be stored behind the mobile home visually screened from the street or in a storage shed approved by Park Management.
3.10 Clothes lines and/or clothes line poles are not allowed. Articles of clothing, linens, rugs, and the like are not allowed to be draped over deck/porch railings or left outside Resident’s mobile home.
3.11 Residents may, with the prior written permission of Park Management, erect play equipment in their backyards. Resident is responsible for obtaining any building permits which may be necessary. Any play equipment placed on the Site must be located behind the mobile home within the designated boundaries of each Resident’s Site. Each Resident assumes responsibility for maintaining the playground equipment in safe and serviceable condition during their term of the Rental Agency and agrees to remove the equipment upon the termination of their tenancy.
3.12 No watering, other than automatic sprinkler operating on a timer/controller, shall be permitted past 10:00 PM. Water runoff from excessive watering is prohibited and each Resident is responsible for any damage caused thereby. Park Management reserves the right to enter any site to turn off water that has been left unattended and/or is running off, flooding, or potentially flooding other residents or sites.
3.13 Violation of the above rules will be subject to the following fees after first warning:
3.13.1 Twenty-Five Dollar ($25.00) fee on second warning; and
3.13.2 Fifty Dollar ($50.00) fee on third warning.
Section 4 RESIDENTS AND GUESTS
4.1 All Residents or persons occupying a mobile home in Meadow Creek Village must be identified in Resident’s rental application, individually named in the Lease Agreement, and approved by Park Management in writing prior to establishing residency in Meadow Creek Village.
4.2 The current federal fair-housing age classification of Meadow Creek Village is “55 and older, one member of the unit must be at least 55 or older”. At least one buyer/owner of your home must be 55 or older and ALL buyers/owners must be at least 40 years old. Park Management reserves the right to apply different age or occupancy limits to subsequent purchasers of your mobile home. Park Management cannot promise to maintain this age classification indefinitely. It could change without your consent.
4.3 Residents hosting guests who remain in Meadow Creek Village for more than fourteen (14) days must identify their guest(s) to Park Management in writing not later than ten (10) days after the arrival of the guest(s) at Meadow Creek Village and such Resident shall update the status of the guests’ stay in writing with Park Management each ten (10) days thereafter. There shall be no more than two (2) permanent Residents per bedroom occupying a mobile home. The monthly rental rate is based on occupancy for four (4) persons. There is an additional charge of Twenty Dollars ($20.00) per month for each additional approved occupant. Additional occupant charges are Additional Rent and are due in advance in conjunction with the monthly rent. Additional occupants must be at least 40 years of age or older unless reasonable accommodation has been requested.
4.4 Any guest(s) who remains in Meadow Creek Village for more than thirty (30) days shall be considered to be a permanent Resident of Meadow Creek Village in the mobile home in which they are staying; however, no guest shall be approved as a Resident nor permanently allowed to occupy a mobile home in Meadow Creek Village unless they first apply for residency and are approved in writing in accordance with the procedure set forth above. Furthermore, Meadow Creek Village reserves the right to disapprove the request of any guest to become a permanent Resident in the event said approval, in the sole discretion of Park Management, would violate the occupancy standards set forth in Section 4.2 above or any other term or provision of the Lease Agreement.
4.5 No Resident, guest or pet may cause any loud or disturbing noise at any time, or interfere with management operations.
4.5.1 City of Dallas Noise Ordinance 5.020 shall govern as stated and/or modified by the City of Dallas: (1) No person shall create, assist in creating, permit, continue, or permit the continuance of any noise disturbance. (2) As used in this section: (a) “Noise disturbance” means any sound that: (i) Annoys or disturbs a reasonable person of normal sensitivities; or (ii) Injures or endangers the health or safety of a person. (b) “Plainly audible” means the listener can clearly hear the sound produced by a sound source with unaided hearing faculties. City of Dallas hours are between the hours of 10:00pm and 7:00am. This prohibition shall include but not be limited to parties, radios, television, stereo equipment, operating domestic power tools or equipment for home or building repair, maintenance, landscaping, including but not limited to powered hand tools, lawn mowers, garden equipment, blowers and snow removal equipment, and the like.
4.5.2 Skateboarding and rollerblading are not permissible in Meadow Creek Village.
4.5.3 No Resident, Occupant, pet or guest shall in any way interfere with the Landlord’s management of Meadow Creek Village. Resident, Occupant, and guest shall not verbally or physically threaten, harass, assault, batter, abuse, yell/scream in a harassing manner at, or intentionally intimidate the manager, landlord, owner, and/or persons representing and/or assisting the landlord, manager or owner, including without limitation employees, agents, contractors, subcontractors, repair or maintenance personnel.
4.6 Resident shall not engage in any commercial enterprise or business in Meadow Creek Village outside of their mobile home. Resident shall not engage in solicitations or distribute or post advertising materials in any fashion in Meadow Creek Village. No person shall use any portion of Meadow Creek Village without the prior written consent of Park Management. If such consent is granted Park Management shall have the right to require such insurance as Park Management deems necessary or appropriate.
4.7 No Resident shall violate any law or ordinance of the City of Dallas, State of Oregon, or Federal Government within or in any way associated with Meadow Creek Village, including without limitation traffic ordinances and any laws or ordinances related to health or safety. No Resident shall act in any fashion that would place Meadow Creek Village, Park Management, or any Resident in violation of any such law or ordinance. All Meadow Creek Village Residents/Occupants agree to sign MHCO form 59 Addendum Prohibiting Criminal Activity & Disturbances
4.8 No open containers of alcoholic beverages will be allowed in the Common Areas of Meadow Creek Village. All parties and social gatherings shall be conducted with due respect for the rights Meadow Creek Village and of other Residents. Resident shall be responsible at all times for the conduct and safety of any guests. No Residents or Guests shall be NUDE at anytime outside of their manufactured home.
4.9 Resident shall be responsible at all times for the conduct and safety of all minor children residing with or visiting Resident.
4.10 Park Management reserves the right, with due notice and at the expense of Park Management, to change the Site of any Resident of Meadow Creek Village provided conditions arise which Park Management determines reasonably necessitates such change.
4.11 Garage sales are prohibited in Meadow Creek Village. Violation of this rule will subject the offender to a One Hundred Dollar ($100.00) fee.
4.12 Resident will pay any and all sums of money due pursuant to the Lease Agreement and/or these Rules & Regulations including but not limited to rent, late charges and any attorney’s fees incurred by Park Management as part of any summary dispossess proceeding or otherwise incurred to enforce the law and/or the Rules & Regulations, shall be deemed “Additional Rent” for purposes of any Park Management-Resident proceeding. All such charges due to Park Management from Resident must be paid as a condition precedent to have any summary dispossess action based upon any non-payment of rent dismissed. In addition, if Resident is obligated to pay Park Management on account of any financing obligation related to the mobile home acquisition each such monthly payment shall also be considered “Additional Rent” for purposes of any summary dispossess proceeding.
4.13 In the event of the destruction of Resident’s mobile home unit by fire, explosion, the elements or otherwise or such partial destruction thereof as to render Resident’s mobile home unit wholly untenantable or unfit for occupancy, or should Resident’s mobile home unit be so badly injured that the same cannot be repaired within ninety (90) days from the occurrence of such injury, then and in such case Resident shall promptly remove his or her mobile home unit or the remains thereof, and all other property from the Site and shall surrender said Site and all the Resident’s interest therein to the Park Management, and shall pay rent to the time of such surrender, in which event the Park Management may re-enter and repossess the Site. Should Resident’s mobile home unit be rendered untenantable and unfit for occupancy, but yet be repairable within ninety (90) days from the occurrence of said injury, Resident shall repair the same with reasonable speed, and the rent shall accrue while repairs are being made. Should Resident’s mobile home unit be so slightly injured as not to be rendered untenantable and unfit for occupancy, then Resident agrees to repair the same with reasonable promptness and the rent shall accrue while repairs are being made. Resident shall immediately notify Park Management in case of fire or other damage to the Resident’s mobile home or Site.
4.14 Resident’s Lease Agreement is subordinate to the lien of any mortgage, security agreement, trust deed, contract, or other financing between Meadow Creek Village and its lenders, now existing or in the future. Resident shall from time to time on request from Meadow Creek Village execute and deliver any document or instruments that may be required by any lender to affect any subordination.
4.15 Any complaints by Residents must be in writing and presented to Park Management at its business office during office hours, unless complaint involves an emergency.
4.16 Resident shall not allow any lien, claim or demand arising from any work of construction , repair, restoration, maintenance or removal done for Resident or Resident’s manufactured home or home Site, to be enforced against Meadow Creek Village, and Resident will immediately provide Park Management with a copy thereof and will secure the discharge of all such liens, claims and demands within twenty (20) days after knowledge of such lien claim or demand, and in any event, before any action is brought to enforce them. Resident agrees to hold Meadow Creek Village free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses, including but not limited to attorney fees and court costs.
4.17 Any continued violation of these Rules and Regulations by any Resident and/or occupants constitutes a violation of Resident’s Lease Agreement and a breach of these Rules and Regulations and any amendments thereto, and shall be grounds for eviction and right of reentry by Park Management. This includes other reasonable, unspecified restrictions and/or Rules and Regulations not contained herein that would provide for the health, welfare and safety of the Residents of Meadow Creek Village.
4.18 Resident agrees, upon demand, to promptly pay and discharge all reasonable costs, attorney’s fees and expenses that shall be made and incurred by Park Management in enforcing any of these Rules and Regulations, and Park Management and Resident agree that the provisions herein contained shall be binding upon, apply to, and inure to the respective heirs, successors and assigns. The imposition of any fees, fines, or assessments by Park Management shall not constitute an election of remedies and shall be without any waiver of any default.
4.19 Meadow Creek Village shall not be responsible for any debts, liability, damage, injury, or loss, to any persons, including Residents, or for property damage from any cause whatsoever, save and except the sole and exclusive negligence of Park Management. Resident hereby unconditionally releases Meadow Creek Village and Park Management, and agrees to forever indemnify, defend, and hold Meadow Creek Village and Park Management each harmless from all liability, loss, costs and expenses including reasonable attorney’s fees, or other claims or obligations arising out of such injuries, damages or losses.
Section 5 ASSIGNMENT AND SUBLETTING
5.1 Resident shall not, either voluntarily or by operation of law, assign all or any part of Resident’s leasehold interest in Meadow Creek Village, permit the mobile home or Site to be occupied by anyone other than Resident or those approved in writing by Park Management, sublet the mobile home or Site or any portion thereof, or encumber or pledge all or any portion of the Lease Agreement or Resident’s leasehold estate hereunder, without Park Management’s express prior written consent in each and every instance, which consent may be withheld or issued subject to conditions, in Park Management’s sole discretion. Any assignment, encumbrance, pledge, or sublease without Park Management’s prior written consent shall be void and shall constitute a default hereunder. Regardless of Park Management’s consent, no subletting or assignment shall release Resident’s obligation or alter the primary liability of Resident to pay the rent and to perform all other obligations to be performed by Resident hereunder. The acceptance of rent by Park Management from any other person shall not be deemed to be a waiver by Park Management or Meadow Creek Village of any provision hereof. Consent to one assignment, encumbrance, pledge, or subletting shall not be deemed consent to any subsequent assignment, encumbrance, pledge, or subletting.
5.2 Any person occupying a mobile home during an extended absence by the Resident (over fourteen [14] days) must be approved by Park Management in writing prior to occupying the mobile home. Resident shall provide Park Management with written notice identifying any “house sitters” or other individuals known to the mobile home owner who might occupy the mobile home during their absence prior to the absence.
5.3 Under exceptional circumstances, Park Management, in its sole discretion, may approve the temporary occupancy of a mobile home by person(s) other than the Resident; however, prior written permission must be obtained in advance from Park Management.
Section 6 SALE OF MOBILE HOMES
6.1 Resident must submit to Park Management in writing a notice of the sale of Resident’s mobile home not less than thirty (30) days prior to the sale. Prospective purchasers of a Resident’s mobile home must submit an application for residency and be approved by Park Management prior to occupying any mobile home in Meadow Creek Village. No sale of a mobile home in Meadow Creek Village shall obligate Park Management to accept a new purchaser as a Resident unless and until an application has been received and approved by Park Management.
6.2 Provided each Resident is not then in default, each Resident shall be allow to leave their mobile home in its present space and sell the mobile home to a new Resident, subject to the following conditions:
6.2.1 The mobile home shall be brought into compliance with all then current standards for new homes moving into Meadow Creek Village, this includes ALL damaged lifted or cracked sidewalks, driveways and or steps all cement work must be redone or replaced at turn over and, the prospective purchaser must agree in writing that the mobile home will be moved from Meadow Creek Village at the time of its sale to a subsequent purchaser if it is not brought into compliance with all then current standards for new homes moving into Meadow Creek Village prior to such sale;
6.2.2 Park Management may, in its sole discretion on a case by case basis, grant special exceptions to this rule on any basis deemed appropriate by Park Management. Any special exceptions shall be in writing, signed by Park Management and Resident, and shall specify the length of time for which the exception is granted. Failure to immediately enforce this rule shall not be construed to constitute a waiver or an exception and shall not prevent later enforcement of this rule.
6.3 “For Sale” signs may be displayed only in a window and must not be more than twenty-four inches (24”) wide by eighteen inches (18”) in height.
6.4 No mobile home may be vacated or abandoned in any fashion without the prior written consent of Park Management. As a condition of granting such consent Park Management may require the Resident to enter into a Storage Agreement upon terms and conditions acceptable to Park Management.
6.5 As a 55 and older park, at least one purchaser/owner must be 55 or older and ALL other purchasers/owners of your home must be at least 40 years old.
Section 7 UTILITIES
7.1 Meadow Creek Village generally provides reasonable access to essential utilities (i.e., water, sewer, natural gas, electricity) and to telephone and cable television. Some utilities such as natural gas may not be available to all sites. Unless otherwise specified, all utilities are the sole responsibility of each Resident and payable directly to the utility provider, including without limitation, garbage collection services, electricity, natural gas, and the like. Residents are individually responsible to make arrangements for utility connections and service with the provider.
7.2 Garbage and/or garbage containers must be kept covered and out of sight or in carport except on days when garbage is scheduled to be collected. Residents must furnish their own garbage can(s).
7.3 Water and sewer service is currently included in the basic monthly space rent. Every effort should be made to conserve water. Meadow Creek Village reserves the right in install water meters and meter usage of Residents who in the sole discretion of Park Management have excessive or negligent/wasteful water usage. In such event such Resident shall pay for water and sewer service.
7.4 Paper towels, sanitary napkins, and other large items should not be flushed down any toilet. Grease should not be poured down sinks. Any expense incurred in clearing a sewer line blockage caused by a Resident or misuse will be charged to each Resident causing the blockage.
7.5 No Citizens’ Band, Short Wave, home radio antennas, or exterior Television antennas are allowed in Meadow Creek Village. Television cable service is currently provided to each space.
7.6 Resident is responsible for proper use of water lines and waste pipes and should not tamper with electrical lines or poles. Each Resident shall be responsible for ensuring that there be no obstructions to easy access of any water shut-off valve, sewer clean-out or electrical pedestal that may be located on each Site.
7.7 Any digging over twelve inches (12”) in depth must be pre-approved by Park Management in writing so that park service lines will not be damaged. If damage occurs and Park Management has not approved digging, Resident will be responsible for cost of repair and/or any long-term damage.
Section 8 PETS
8.1 No Pets/Assistance Animals shall be brought into or kept in Meadow Creek Village without the prior written consent of and registration by Park Management as to each animal and each occurrence. No visiting pets are allowed in Meadow Creek Village without prior management approval. Dogs/Cats are not to exceed twenty pounds (20 lbs.) in weight at maturity; provided Resident faithfully complies with the following at all times.
8.2 Residents requesting Reasonable Accommodation shall be allowed working or service/assistance animals in accordance with applicable law. Qualifying Residents must notify Park Management in writing in advance of such Resident’s qualification.
8.3 All Pets/Assistance Animals must be properly licensed with the City of Dallas at all times. No outside dog runs, dog houses, or Pets/Assistance Animals living outside of a mobile home are allowed. Pets/Assistance Animals are not allowed to roam unattended at any time or unleashed on the streets, Common Areas, sidewalks, RV areas, personal back yards or any other Sites. Owner must attend Pet/Assistance Animals even when in their own back yard, to deter barking, disturbance and or predator attack.
8.4 Noisy, unmanageable or unruly pets that cause complaints will not be allowed to remain.
8.5 All Pets/Assistance Animals (including cats) shall be maintained on a leash or kept contained within the fenced portion of Resident’s back yard at all times when outside their owner’s mobile home. Pets shall not be left leashed or tied up outside a Resident’s mobile home during any period of absence by Resident. All Pets/Assistance Animals must be kept inside the mobile home at night.
8.6 Animal owners are responsible to immediately clean-up all droppings from their Pets/Assistance Animals from other sites, common areas, and maintain their own site free of droppings. Absolutely NO outside feeding of any pets/assistance animals is allowed.
8.7 All cats and dogs older than one year old must be spade or neutered.
8.8 All kittens and puppies born within the community shall be removed from community within eight (8) weeks of birth.
8.9 Residents are responsible to inform their guests who bring pets into Meadow Creek Village of the pet regulations and insure that such individuals comply with the regulations. Residents are responsible for the actions of their guests and the pets of their guests.
8.10 Park Management reserves the right to exclude and/or require the removal of any animal which, in the opinion of Park Management, is of a vicious or dangerous breed, nature or temperament, a potential danger to any person or property, and/or a nuisance.
8.11 Violation of the above rules will be subject to the following fees after first warning:
8.11.1 Twenty-Five Dollar ($25.00) fee on second warning; and
8.11.2 Fifty Dollar ($50.00) fee on third warning.
Section 9 VEHICLES AND PARKING
9.1 Each Site is provided with off-street parking beside or behind the mobile home for no more than four passenger vehicles. No commercial vehicle(s) or equipment of any nature is allowed to be parked in any Site. Inoperable vehicles may not be stored or left on any Site including the driveway. Homeowner parking is restricted to each Resident’s driveway and carport.
9.2 Park Management reserves the right to exclude or require the removal of any vehicle from Meadow Creek Village, including vehicles owned by Residents, that in Park Management’s opinion, is operated in violation of the Meadow Creek Village vehicle related regulations or any law or ordinance of the City of Dallas or State of Oregon; is not properly licensed, maintained, and/or constitutes a hazard to person or property; or that is in such a dilapidated condition that it distracts from the appearance of Meadow Creek Village. Where Park Management intends to remove a vehicle from Meadow Creek Village under this rule, the Manager will give a twenty-four (24) hour notice to the vehicle owner, in person, if reasonably possible, and if deemed necessary by Park Management, by posting a notice on the windshield of the vehicle. If the vehicle is not then removed from Meadow Creek Village within twenty-four (24) hours, the Manager may cause the vehicle to be towed from Meadow Creek Village at the vehicle owner’s risk and expense.
9.3 Each Resident shall instruct guests where to park and shall be responsible to inform such guests of the Meadow Creek Village vehicle related regulations. Guests and invitees may park their cars in Resident’s driveways/carports or other designated off-street parking areas when visiting a Resident, however, Resident but must ensure that they are parked in a location so as not to block any neighbor’s access or restrict traffic flow within Meadow Creek Village. No parking on the street is allowed by guests or Residents at any time. Overnight visitor parking is allowed in designated off street visitor parking areas only.
9.4 Trucks larger than three quarter (¾) ton displacement must have prior written permission from Park Management before they will be allowed to enter Meadow Creek Village and/or park on any site. Trucks of one (1) ton displacement or larger will not be allowed to park overnight on any site.
9.5 Vehicles parked in violation of park rules will be towed away and/or impounded at the vehicles owner’s expense.
9.6 All vehicles owned, leased, or operated by Resident within Meadow Creek Village must be licensed and operable. Resident shall observe all motor vehicle laws of the State of Oregon and the City of Dallas. Only licensed drivers of the State of Oregon or another state of the United States may operate vehicles within Meadow Creek Village. An inoperable vehicle is any vehicle that is not properly registered, is not street legal, or is not in running condition. The speed limit within Meadow Creek Village for all vehicles is limited to ten (10) miles per hour and five (5) miles per hour when pedestrians are present, or weather conditions are poor. All Residents and Guests are required to abide by and comply with all street signs, including without limitation, “stop” signs.
9.7 Motor homes, campers, trailers, boats, and other recreational vehicles are not allowed to be stored on any site. Recreational vehicles including motor homes, campers, and/or travel trailers may be left on a site for up to but no exceeding forty-eight (48) hours to accomplish loading and/or unloading.
9.8 Parking for recreational vehicles; boats, trailer, and the like, owned by Residents is currently available on a first come, first serve basis in the recreational vehicle storage area. Meadow Creek Village assumes no responsibility and/or liability for the theft or damage of property or vehicle in any Common Area, including without limitation the storage area. Inoperable or dilapidated cars, boats, or recreational vehicles shall not be stored in the recreational vehicle storage area. Any Resident interested in storing a recreational vehicle in Meadow Creek Village storage area should contact Park Management regarding rental rates, and special policies and procedures governing the use of the recreational vehicle storage area.
9.9 All Motorcycles must be registered with Park Management. Noisy motorcycles will not be allowed. Unregistered motorcycles may not be stored in Meadow Creek Village.
9.10 Vacant sites and driveways of vacant sites may not be used for guest or overflow parking.
9.11 Loud motor vehicles shall not be operated in Meadow Creek Village at any time.
9.12 Residents are not allowed to overhaul vehicles on the Site or in their driveway. No repair of automobiles, motors, engines, trailers, boats or other similar equipment will be made within Meadow Creek Village, and no automobile equipment, engines, motors, or the like shall be washed anywhere in Meadow Creek Village.
9.13 The streets of Meadow Creek Village are to be used exclusively as thoroughfares. Any restrictions or signs respecting traffic conditions are made a part of these Rules and Regulations.
9.14 Park Management may refuse to permit any person who violates these rules to park in Meadow Creek parking facilities, and any violation of the rules shall subject the car to removal at the owner’s expense and without any liability to Park Management or Meadow Creek Village whatsoever.
Section 10 Insurance
Meadow Creek Village does not carry public liability or property insurance to compensate Resident, guests of Resident, or any other person from any loss, damage or injury except those resulting from situation where Meadow Creek Village or Park Management would be legally liable for such loss, damage, or injury. If Resident desires this type of insurance coverage, Resident should obtain, at its own cost, extended coverage for manufactured home, fire, earthquake flood, or other casualty insurance on the manufactured home, other improvements and contents to the full insurable value, personal liability or such other insurance as is necessary to protect Resident and guests or others from loss or liability.
Section 11 Environmental Obligations.
11.1 Hazardous Substances; Waste Disposal.
11.1.1 Emissions. Resident shall not (i) discharge, emit or permit to be discharged or emitted, any Hazardous Substances (defined below) into the atmosphere, the ground or any body of water, or on to the floor, walls, ceilings, or any portion of the structure of any structure within Meadow Creek Village, which does or may pollute or contaminate the same or any of the other, or does or may adversely affect the health or safety of persons, or the use or enjoyment of Meadow Creek Village; or (ii) transmit, receive or permit to be transmitted or received, any electromagnetic, microwave or other radiation in, on or about Meadow Creek Village, the Building, or the Complex, unless otherwise approved in advance by Park Management in writing.
11.1.2 Storage. If, with or without violation of the Lease Agreement or these Rules and Regulations, Resident possesses at Meadow Creek Village any Hazardous Substances, Resident shall store the same in appropriate leak proof containers and/or areas that comply with all laws, regulations, directives, and all prudent practices.
11.1.3 Disposal of Waste. Resident shall not keep any trash, garbage, waste or other refuse on Meadow Creek Village except in sanitary containers and Resident shall keep all such containers in a clean and sanitary condition. Resident shall properly dispose of all sanitary sewage and shall not use the sewage system for the disposal of anything except sanitary sewage, or more than capacity. Resident shall not cause any obstruction in the sewage disposal system.
11.1.4 Compliance with Law. Notwithstanding any other provision in the Lease Agreement or these Rules and Regulations to the contrary, Resident shall comply with all applicable laws, regulations, and directives in complying with its obligations under the Lease Agreement and these Rules and Regulations, and, laws relating to the storage, use and disposal of Hazardous Substances.
11.1.5 Indemnification for Breach. Resident shall defend, indemnify and hold Park Management and Meadow Creek Village harmless from any loss, claim, liability or expense, including, without limitation, attorneys’ fees and costs, at trial and/or on appeal and review, arising out of or relating to its failure to observe or comply with the provisions of the Lease agreement and/or these Rules and Regulations. This indemnity shall survive the expiration or earlier termination of the term of the Lease Agreement or these Rules and Regulations or the termination of Resident’s right of possession and shall remain fully enforceable thereafter.
11.1.6 Indemnification Regarding Hazardous Substances. In addition to the indemnity obligations contained elsewhere herein, Resident shall indemnify, defend and hold harmless Park Management and Meadow Creek Village to the fullest extent allowed by law, from and against all claims, losses, damages, monitoring costs, response costs, liabilities, and other costs and expenses arising during or after the term of the Lease Agreement caused by, out of, or in connection with, the generation, release, presence, handling, storage, discharge, transportation, deposit or disposal in, on, under or about Meadow Creek Village by Resident or any of Resident’s guests or invitees of the following (collectively referred to as “Hazardous Substances”): hazardous materials, hazardous substances, toxic wastes, toxic substances, pollutants, petroleum products, underground tanks, oils, pollution, asbestos, PCBs, radioactive materials, or contaminants, as those terms are now or hereafter commonly used or as defined by federal, state, and/or local law or regulation related to protection of health, property, or the environment, including but not limited to, the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901, et seq.); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601, et seq.); the Toxic Substances Control Act (15 U.S.C. § 2601, et seq.); the Clean Water Act (33 U.S.C. § 1251, et seq.); the Clean Air Act (42 U.S.C. § 7401 et seq.); and ORS Chapters 453, 465 and 466, as any of same may be amended from time to time, and/or by any rules and regulations promulgated thereunder or under any other comparable federal or state statute. The term “Hazardous Substances” is used in the Lease Agreement or these Rules and Regulations in its very broadest sense and, in addition to the foregoing, is intended to refer to all materials that, because of their quantity, concentration, physical, chemical or infectious characteristics, may cause or pose a present potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported, or otherwise handled. Such damages, costs, liabilities, and expenses shall include such as are claimed by any regulating and/or administering agency, Meadow Creek Village or Park Management, and/or any successor of Meadow Creek Village or Park Management. This indemnity shall include (i) claims of third parties, including governmental agencies, for damages, fines, penalties, response costs, monitoring costs, injunctive or other relief; (ii) the costs, expenses or losses resulting from any injunctive relief, including preliminary or temporary injunctive relief; (iii) the expenses, including fees of attorneys and experts, of reporting the existence of Hazardous Substances to an agency of the State of Oregon or subdivision thereof or of the United States as required by applicable laws and regulations; and (iv) any and all expenses or obligations, including attorneys’ fees, incurred at, before and after any administrational proceeding, trial, appeal and review. This indemnity shall survive the expiration or earlier termination of the term of the Lease Agreement or these Rules and Regulations or the termination of Resident’s right of possession and shall remain fully enforceable thereafter.
11.1.7 Information. Resident shall deliver prior written notice to Park Management of any introduction, storage, use, spill, discharged, or emission, whether incidental or otherwise, of Hazardous Substances in Meadow Creek Village along with a current Material Safety Data Sheet relating to each such substance, and shall immediately deliver to Park Management a copy of any notice of any violation of any Law with respect to such use, whether caused by Resident or resident’s guests or invitees. Resident shall also provide Park Management, upon request, with any and all information regarding Hazardous Substances in Meadow Creek Village, including contemporaneous copies of all filings and reports to governmental entities, and any other information requested by Park Management. In the event of any accident, spill or other incident involving Hazardous Substances, Resident shall immediately report the same to Park to the same. All information described herein shall be provided to Park Management regardless of any claim by Resident that it is confidential or privileged.
Section 12 DISPUTE RESOLUTION
12.1 Informal Dispute Resolution. If Park Management receives a formal (written) complaint from a Resident, Park Management shall set a mutually convenient time and space to permit the complaint to be heard concerning the matter. The hearing shall be held in an informal fashion between five (5) days and thirty (30) days after receipt of the formal complaint. Meadow Creek Village may invite any other interested party to attend the hearing and may also invite a mediator.
12.2 Mediation. The parties agree that if either party requests mediation of any dispute arising between Meadow Creek Village and a Resident, Resident shall select (within three [3] days) one mediator from a list of three (3) trained and neutral mediators proposed by Meadow Creek Village within seven (7) days of the mediation request, and the parties shall share equally in the payment of any fee charged by the mediator. Notwithstanding the foregoing, the following disputes shall not be subject to mediation: park closure; sale of Meadow Creek Village; or rent, including the amount of rent, rent increases and nonpayment of rent.
12.3 Arbitration.
12.3.1 Disputes which can be arbitrated. This Section shall apply to claims, controversies, or disputes between the parties arising out of the Lease Agreement or Park Management/Resident relationship between the parties, but the arbitration Section shall not apply to disputes relating to park closure; sale of Meadow Creek Village; or rent (including the amount of rent, rent increases and nonpayment of rent), and, further, nothing in this Arbitration Section shall preclude Meadow Creek Village from bringing, maintaining, and concluding an action against any Resident for forcible entry or wrong detainer (FED), and this Section shall not apply to any dispute which is encompassed within such legal action.
12.3.2 Option to arbitrate. Each party, at its option, shall have the right to require any arbitable claim, controversy or dispute between the parties to be determined by an arbitration conducted in the general Portland, Oregon metropolitan area in accordance with the then effective arbitration rules of Arbitration Service of Portland, Inc., or the then effective commercial arbitration rules of the American Arbitration Association, whichever organization is selected by the party which first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected in the Portland Metropolitan area and any judgment upon the award rendered pursuant to such arbitration may be rendered in any court having jurisdiction thereof.
12.3.3 Waiver of option. If litigation has been commenced in any court by either party with respect to a dispute: (1) the party who is the defendant or respondent in such litigation shall be deemed to have waived its option to arbitrate said dispute if it files a general appearance in the litigation prior to filing a claim in arbitration in the manner specified above, and (2) the plaintiff or petitioner in such litigation shall be deemed to have waived its right to arbitrate said dispute if it fails to file a claim for arbitration in the manner specified above within sixty (60) days after a general appearance in the litigation has been filed by the party who is defendant or respondent in the litigation.
If either party properly exercises its option to arbitration, arbitration of such dispute shall be mandatory and any pending litigation shall be stayed.
12.4 Attorney Fees. In the event suit or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any of the provisions of this Dispute Resolution provision, or which is based thereon, the prevailing party shall be entitled to reasonable attorney fees in connection therewith. The determination of who is the prevailing party and the amount of reasonable attorney’s fees to be paid to the prevailing party shall be decided by the arbitrator(s) with respect to attorney fees incurred prior to and during the arbitration proceedings, and by the court or courts including appellate court, in which such matter is tried, heard, or decided, including the court which hears any exceptions made to an arbitration award submitted to it for confirmation as a judgment (with respect to attorney fess incurred in such confirmation proceedings).
Section 13 MISCELLANEOUS
13.1 Severability. If any term or provision of the Lease Agreement, or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of the Lease Agreement or these Rules and Regulations, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of the Lease Agreement and these Rules and Regulations shall be valid and enforceable to the extent permitted by law.
13.2 Compliance. Resident shall be responsible for compliance with each and every term of the Lease Agreement and these Rules and Regulations by all children, guests, and invitees of Resident. Any right of Park Management to restrict any right of Resident shall extend to all children, guests and invitees of Resident.
13.3 Authorization to Obtain Credit Report. Resident authorizes Park Management to obtain individual credit reports with respect to each individual executing the Lease Agreement and/or these Rules and Regulations as a Resident, in conjunction with the execution of the Lease Agreement and/or these Rules and Regulations and from time to time thereafter as deemed necessary or appropriate by Park Management.
13.4 Successors and Assigns. The Lease Agreement and these Rules and Regulations shall be binding upon and inure to the benefit of Park Management, its successors and assigns and shall be binding upon and inure to the benefit of Resident, its successors and permitted assigns.
13.5 Performance by Resident. All covenants to be performed by Resident under the Lease Agreement and these Rules and Regulations shall be performed by Resident at Resident’s sole cost and expense and without any abatement of rent.
13.6 Definition of Park Management. As used herein, the term “Park Management” means the entity hereinabove named as such, and its successors and assigns (each of whom shall have the same rights, remedies, powers, authorities and privileges as it would have had, had it originally signed the Lease Agreement as the Park Management). No person or entity holding Park Management’s interest hereunder (whether such person is named as “Park Management” herein) shall have any liability hereunder after such person ceases to hold such interest. If Meadow Creek Village is sold or transferred and any security deposit or prepaid rent has been paid by Resident, Park Management may transfer the security deposit or prepaid rent to Park Management’s successor and on such transfer Park Management shall be discharged from any further liability in reference to the security deposit or prepaid rent.
13.7 Definition of “Resident”. Whenever two or more persons constitute Resident, all such persons shall be jointly and severally liable for performing Resident’s obligations under the Lease Agreement and these Rules and Regulations.
13.8 Waiver. A waiver shall be accomplished only by a written instrument which expressly states such waiver and is signed by the party charged with the waiver. The waiver by Park Management of any breach of any term of the Lease Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, nor shall any custom or practice between the parties affect the right of Park Management or Meadow Creek Village to insist upon performance by Resident in strict accordance with the terms hereof. The subsequent acceptance of rent by Park Management shall not be deemed a waiver of any preceding breach by Resident, regardless of Park Management’s knowledge of such preceding breach at the time of acceptance of such rent.
13.9 Consent. Wherever in the Lease Agreement or Rules and Regulations Resident is required to obtain Park Management’s consent, Resident shall reimburse Park Management for all reasonable costs and expenses associated with processing any request for approval, regardless of whether such proposal is approved or denied, including, but not limited to, attorneys’ fees for outside counsel. No consent required by Park Management under the Lease Agreement or these Rules and Regulations shall be granted unless in writing. Unless otherwise specifically set forth herein, consent by Park Management may be withheld or conditioned in the sole discretion of Park Management. Specifically, without limitation, Park Management’s consent may be denied or conditioned upon Park Management’s determination of the environmental aspects of the use of the property by Resident and/or by the proposed assignee or sublessee. As a condition to any consent, Park Management may require that any other party or parties with a right of consent issue such consent on terms acceptable to Park Management. The consent or approval of Park Management to or of any act by Resident requiring Park Management’s consent or approval shall not be deemed to waive or render unnecessary Park Management’s consent to or approval of any subsequent similar acts by Resident. In no event shall Resident have the right to terminate the Lease Agreement, and in no event, shall Park Management or Meadow Creek Village be liable for monetary damages, based on a claim that consent has been unreasonably withheld or conditioned or otherwise arising from the withholding or conditioning of consent.
13.10 Default by Park Management. Park Management shall only be deemed to be in default under the terms of the Lease in the event Park Management shall fail to observe, keep or perform any covenant or agreement that is not observed, kept or performed by Park Management within thirty (30) calendar days after the receipt by Park Management of written notice from Resident of such failure, which notice shall specifically set out the failure. Park Management shall not be considered in default so long as Park Management commences to cure the failure in a diligent manner and Park Management shall thereafter be allowed such additional time as reasonably necessary to correct the failure. Resident specifically agrees to look solely to Park Management’s interest in Meadow Creek Village for the recovery of any personal judgment from Park Management, it being agreed that Park Management shall not be personally liable for any such judgment. Resident agrees that Park Management shall in no event and under no circumstances be responsible for any consequential damages.
13.11 Third Parties. Nothing contained herein, nor the transactions contemplated hereby, express or implied, shall be deemed to inure to the benefit of any person or entity not a party to the Lease Agreement, the Lease Agreement and these Rules and Regulations being intended solely for the benefit of Park Management and Resident, nor shall it confer upon any such party or entity any right or remedy of any nature whatsoever.
13.12 Survival. The release and indemnity covenants of Resident, the right of Park Management to enforce its remedies hereunder, the attorneys’ fees provisions hereof (e.g., Section 11 regarding Environmental Obligations), as well as all provisions of the Lease Agreement which contemplate performance after the expiration or termination hereof or the termination of Resident’s right to possession hereunder, shall survive any such expiration or termination.
13.13 English Language. This Agreement may be translated into one or more languages for the convenience of the parties or to comply with any law, however, in any controversy between the parties, the English language version of the Agreement shall be controlling.
Park Management may waive or modify any one or more of these Rules and Regulations for the benefit of Resident or any other tenant but no such waiver or modification by Park Management shall be construed as a waiver of such Rules and Regulations in favor of Resident or any other tenant, nor prevent Park Management from thereafter enforcing any such Rules and Regulations against any or all of residents of Meadow Creek Village. These Rules and Regulations are in addition to, and shall not be construed to in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of the Lease Agreement. Park Management reserves the right to modify these Rules and Regulations and/or to make such other and reasonable Rules and Regulations as, in its judgment may from time to time be necessary or appropriate for safety and security, for care and cleanliness of Meadow Creek Village and for the preservation of good order therein. Notice of any changes in the rules and regulations shall be distributed to all Residents in writing and shall become effective after thirty (30) days written notice is mailed or delivered to each Resident. Resident agrees to abide by all such Rules and Regulations hereinabove stated and any additional rules and regulations that are adopted. Resident shall be responsible for the observance of all the foregoing Rules and Regulations by Resident’s children, guests and invitees.
I hereby acknowledge that I have received a copy of the Rules and Regulations of
Meadow Creek Village Mobile Home Park, and agree to abide by them.
Meadow Creek Village 