Bentsen Grove Resort Rental Home Lease


Bentsen Grove Resort Rental Home Lease

Site: __321____________

Lessor: BOH Home Sales
Lessor’s Address: 1645 S. Bentsen Palm Dr. #F47, Palmview, TX 78572 Lessee/s:________________Cindy Aguilar_____________                                     Lessee/s Primary Resident Address:________________________________________ Manufactured Home/Manufactured Home/Park Model (the “Home”) Information:

Manufacturer: _______________ Model: _______________ Serial No.: ____________________

ACCESSORIES AND FIXTURES Lessee/s may not remove or replace any of the accessories and fixtures provided by Lessor (see Commencement Inventory Checklist) without the prior written approval of Lessor.

Lessee/s is required to complete an Inventory Checklist with the Lessor at the Commencement and Termination of this Lease using forms provided by Lessor on the Commencement Date and the Termination Date. Failure to provide the Inventory Checklist shall be an acknowledgement that the Manufactured Home/Park Model is in good condition in all aspects.

Manufactured Home Resort Name: Bentsen Grove Resort, SPE, LLC
Manufactured Home Resort Address: 1645 S. Bentsen Palm Dr. #F47, Palmview, TX 78572 Term: (___ months): Commencement Date: ______________ Termination Date:________________

Lessor will comply with this Lease regarding Lessee/s vacating the Manufactured Home/Park Model on the Termination Date (such date may only be extended if new Lease is signed for extension period and if available). Check-in time is 12:00pm (noon) on Commencement Date. Checkout time is 11am on the Termination Date. $100 per hour charge for every hour after checkout time applies.

Rent (due on the Commencement Date):___________

Rental Deposit: ______________________

Pay Rent by check, money order or other negotiable instrument.

Upon check-in, the Reservation Deposit of $650 is retained as a $650 Rental Deposit. At the time of check-out, the Rental Deposit will be refunded less any expense/s for damages and/or missing items that were present upon Check In (when the Commencement Checklist was completed).

Nonrefundable Cleaning Fee: $100 (no pets) and $250 (with a pet) paid to Lessor in cash or check upon check in.

Permitted Use: Lessee/s may use the Manufactured Home/Park Model as his/her private residence only. Utilities to Be Provided by Lessor: Water, Sewer, Trash, Basic WIFI.
Utilities to Be Paid by Lessee/s: Electricity billed monthly by Resort Office.
Lessor’s Agent for Official Notices: Jonathan Millet, Resort Manager

Address of Lessor’s Agent for Official Notices: Resort Office – 1645 S. Bentsen Palm Dr. #F47, Palmview, TX 78572

Resort Manager: Jonathan Millet

Resort Manager’s Address: Bentsen Grove Resort
1645 S. Bentsen Palm Dr. #F47, Palmview, TX 78572

 

 

Emergency Contact Persons: Jonathan Millet or After-Hours Number Emergency Contact Persons’ Telephone Numbers:

Jonathan Millet – (956) 960-5159 and/or After-Hours Number – (956) 213-5246

  1. Definitions

    "Invitees" means invitees of Lessee/s.

    “Rent” means Monthly Rent, Additional Rent, and any other amounts of money payable by Lessee/s to Lessor.

    “Resort” means the Park, Community, RV & Mobile Home Community, RV & Manufactured Home Community, Venue, or any combination of the aforementioned.

    “Resident” is interchangeable with the word “Lessee/s” refers to those residing in the Manufactured Home/Park Model as well as having signed a Lease agreement.

    “Site” means a Manufactured Home/Park Model/RV Site in the Resort Rented to the Lessee/s by Lessor.

    “Home” Refers to either a mobile home, manufactured home, park model or RV (with skirting/addition) that sits on a Site in the Resort rented to the Lessee/s by Lessor.

    “Management” means the Landlord, Lessor, agent or representative authorized to act on behalf of the Resort owners.

    “Other Charges” or “All Other Charges” means any and all charges or dollar amounts owed by Lessee/s to Lessor including, but not limited to, late charges, NSF charges, Utility Charges, Service charges and damage charges.

  2. Lessee/s’s Obligations

B.1. Lessee/s agrees to—

  1. B.1.a.  Lease the Manufactured Home/Park Model from Lessor, beginning on the Commencement Date, on the terms and conditions of this Lease, and ending on the Termination Date (the “Term”).

  2. B.1.b.  Accept the Manufactured Home/Park Model in its present condition “AS IS,” the Manufactured Home/Park Model being Currently suitable for the Permitted Use.

  3. B.1.c.  Shall not keep or allow any animals or pets in the Manufactured Home/Park Model without first obtaining written approval from Lessor. Shall not smoke and/or vape, in ANY manner or fashion, inside the Manufactured Home/Park Model.

  4. B.1.d.  Obey, and cause Invitees to obey, all laws and rules of the Resort related to the use and occupancy of the Manufactured Home/Park Model and any common areas in the Resort. Except as permitted in the Resort Rules and Regulations, and on written notice to Lessor accompanied by the payment of applicable fees, only Lessee/s will reside in the Manufactured Home/Park Model.

  5. B.1.e.  Pay, in advance, on or before the Commencement Date, the Rent, to Lessor at Lessor's Address, and pay monthly, as Other Charges, on that same date and place, all other amounts due from Lessee/s to Lessor under this Lease.

  6. B.1.f.  Obtain and pay for all utility services used by Lessee/s that are not provided by Lessor under this Lease.

 

 

  1. B.1.g.  Pay a late charge of $25.00 if Other Charges are not received by Lessor by the fifteenth (15th) day of the month in which it is due which shall be considered additional Rent and shall be collectible as Rent.

  2. B.1.h.  Allow Lessor access to enter the Manufactured Home/Park Model and the Site on which the Home is presently situated (the “Site”), to perform Lessor’s obligations, to inspect the Site and the Manufactured Home/Park Model, and to show the Site and the Manufactured Home/Park Model to prospective Lessee/s, lenders or other third parties. Lessor may also enter Lessee’s Manufactured Home/Park Model in any reasonable manner, and at any reasonable time, if (1) an emergency exists, or (2) the Lessee/s abandons the Manufactured Home/Park Model.

  3. B.1.i.  Repair any damages to the improvements on the Site and on the common areas of the Manufactured Home Resort caused by Lessee/s and Invitees, and at the Termination of this Lease, leave the Manufactured Home/Park Model and Site in a clean condition at the Termination of the Lease, in at least the same condition at the time Lessee/s took possession of the Manufactured Home/Park Model and Site, ordinary wear and tear excepted. Lessee/s has the obligation to maintain and keep in good condition and repair Lessee’s Manufactured Home/Park Model and any and all other property owned by Lessee/s or brought to the Site for or by Lessee/s; including without limitation all doors, windows, and screens. Lessee/s shall also have the duty to repair or remedy or to pay for the repair or remedy of any of the following conditions that may occur to the Site during the term of this Agreement or any renewal or extension hereof:

    1. (a)  damage from wastewater stoppage or backup caused by foreign or improper objects in lines that exclusively serve the Site; and

    2. (b)  all other conditions which are caused by Lessee/s, any member of the Lessee’s family, any guest or invitee of Lessee/s, and which are not caused by normal wear and tear.

    3. (c)  all damage which are caused by Lessee/s to common areas of Resort and/or other Lessee’s sites/property.

    4. (d)  Resident agrees not to allow any rubbish or waste material to accumulate on the Site. Resident agrees not to create or harbor a fire hazard or in any way endanger the health, safety or welfare of other occupants of the Resort.

  4. B.1.j.  Submit in writing to Lessor any request for repairs, replacement and maintenance that are the obligations of Lessor under this Lease or Chapter 94, Texas Property Code.

  5. B.1.k.  Give written notice to Lessor of any change in Lessee's Primary Residential Address.

  6. B.1.l.  Keep the Manufactured Home/Park Model and Site in a clean, attractive, and well-kept fashion; and obtain Lessor's prior approval before installing or planting any trees, concrete, masonry, or ground cover on the Site.

  7. B.1.m.  Vacate the Manufactured Home/Park Model and Site on the Termination Date

 
 

 

  • B.1.n. Lessor recommends that Lessee/s maintain a policy of Renters insurance which is adequate to insure all of Lessee’s personal property and other possessions. Further, Lessor recommends that Lessee’s insurance be sufficient to compensate Lessor for any and all damages caused to Lessor’s property as a result of Lessee’s intentional acts or negligence, or that of any of Lessee’s invitees, including but not limited to, damage as a result of fire.
  • B.1.o. Resort Rules and Regulations: All Resort facilities are provided by Lessor for the use and enjoyment of Lessee/s and, in certain cases, Lessee’s family, guests, or invitees. Lessee/s agrees to abide, and to ensure that Lessee’s family, guests, or invitees abide by all Resort Rules and Regulations and any amendments thereto (“Rules”). Lessee/s acknowledges receipt of a copy of such Rules as of the date hereof. The Rules and any amendments thereto are incorporated herein by reference and made a part hereof for all purposes. Lessee/s agrees that Lessor shall have the right to modify, amend, change, or replace the Rules in Lessor’s sole and exclusive discretion and at such time or times as Lessor may desire, Lessor agrees to give Lessee/s written notice at least thirty (30) days prior to any modification, change, amendment, or replacement of the Rules, however if such modification, change, amendment or replacement will require expenditure of funds in excess of $25.00 by Lessee/s to comply with the new rule Lessor shall provide Lessee/s with a period of 90 days after the date Lessee/s is provided with a written copy of the modification ,change, amendment or replacement rule to comply with such rule. Any breach or violation of the Rules is expressly declared to be a breach of this Agreement.

 

B.2. Lessee/s agrees not to—

  1. B.2.a.  Use the Manufactured Home/Park Model and Site other than for the Permitted Use or allow the Manufactured Home/Park Model and Site to be occupied by anyone other than the Lessee/s, and in accordance with the Resort Rules and Regulations, by any Invitees.

  2. B.2.b.  Create or permit a nuisance, permit any waste, or interfere with any other Lessee's use of its Manufactured Home/Park Model Site on any other Leased space and/or the common areas in the Resort.

  3. B.2.c.  Use the Manufactured Home/Park Model and/or Site in any way that would increase insurance premiums or void insurance on the Manufactured Home/Park Model and Site.

  4. B.2.d.  Alter the Manufactured Home/Park Model and/or Site, or change the landscaping on Site, or place or construct any improvements on the Site, without Lessor's prior written consent, which consent Lessor may grant or withhold in Lessor's sole discretion.

  5. B.2.e.  AllowalientobeplacedontheManufacturedHome/ParkModeland/orSite,thecommon areas of the Resort, or any other portion of the Resort.

  6. B.2.f.  Assign this Lease or Sublease any portion of the Leased premises.

  7. B.2.g.  Use the Manufactured Home/Park Model and/or Site or the common areas for any illegal purposes.

C. Lessor’s Obligations
C.1. Lessor agrees to—

  1. C.1.a.  Lease to Lessee/s the Manufactured Home/Park Model, beginning on the Commencement Date, pursuant to the terms of this Lease, and ending on the Termination Date.

  2. C.1.b.  Obey all laws, rules and regulations relating to Lessor’s operation of the Resort.

  3. C.1.c.  Provide the utilities specified in the Lease.

  4. C.1.d.  Lessor shall cause the Resort to: (i) comply with codes, statutes, ordinances, and administrative Rules applicable to the Resort, (ii) maintain all common areas, of any, of the Manufactured Home and RV Resort in a clean and usable condition, (iii) maintain all utility lines installed in the Manufactured Home and RV Resort by the Lessor unless the utility lines are maintained by a public utility or a political subdivision; (iv) maintain individual mailboxes for the Lessee/s in accordance with the United States Postal Service regulation unless mailboxes are permitted to be located on the Lessee’s Manufactured Home/Park Model Site; (v) maintain roads in the Resort to the extent necessary to provide access to each Lessee’s Manufactured Home/Park Model Site; (vi) provide services (which may be at Lessee’s expense) for the common collection and removal of garbage and solid waste from within Resort; and (vii) repair or remedy conditions on the Site that

 

materially affect the physical health or safety of any ordinary Lessee/s of the Manufactured Home and RV Resort. The Lessor will not be required to repair a condition unless Resident notifies Lessor of the condition and Lessee/s has paid all Rent then due. Lessor will not be required to repair conditions caused by Lessee/s, unless caused by normal wear and tear, and Lessor will not be required to maintain or make any repairs to Lessee/s Manufactured Home/Park Model placed on the Site.

  1. C.1.e.  Return the Rental Deposit to Lessee/s, provided that Lessee/s has given Lessor written notice of Lessee’s new address, on or before the thirtieth (30th) day after the date Lessee/s surrenders the Leased premises, after subtracting from the Rental Deposit all amounts applied to cure any breach of the Lease by Lessee/s, amounts due from Lessee/s as of the application Termination date of the Lease, and any move-out fees and expenses applicable to Lessee/s, the Manufactured Home/Park Model and/or Site set forth in the Resort Rules and Regulations.

  2. C.1.f.  Change in Land Use: Notwithstanding any statement in this Agreement to the contrary, Lessor may terminate this Agreement without cost or liability upon a change in land use if, and only if, not later than the One Hundred and Eightieth (180th) day before the date the land use changes. Lessor sends notice to Lessee/s, and to the owner of the Manufactured Home/Park Model if the owner is not the Lessee/s; and to the holder of any lien on the Manufactured Home/Park Model specifying the date that the land use will change, and informing the Lessee/s, Owner, and Lienholder, if any, that the Owner must relocate the Manufactured Home/Park Model, and (ii) Lessor posts in a conspicuous place in the Manufactured Home and RV Resort a notice stating that the land use will change and specifying the date that the land use will change. The Lessor is required to give the Owner and Lienholder, if any, the notice required by this Section only if the Lessor is given a written notice of the name and address of such Owner and Lienholder.

D. General Provisions

Lessor and Lessee/s agree to the following:

  1. D.1.  Increase in Rent. Upon Termination of this Lease, the Lessor has the right to increase Rent by giving Lessee/s at least thirty (30) days prior written notice of the Rent increase; however, the effective date of any Rent increase may be no earlier than the Termination Date.

  2. D.2.  Resort Rules & Regulations. Lessor has the right to modify, amend, change, or replace the Resort Rules and Regulations. Lessee/s must comply with all of the Resort Rules and Regulations as amended.

  3. D.3.  Condemnation. If any portion of the Site is condemned, either Lessor or Lessee/s may Terminate this Lease by notifying the other. Any Rent prepaid by Lessee’s will be returned to Lessee/s on Termination.

D.4. Grounds for Eviction of Lessee/s. Lessor may begin eviction proceedings against Lessee/s if Lessee/s fails to vacate the Manufactured Home/Park Model and/or Site, after Lessor terminates this Lease for one of the following grounds:

D.4.a Termination for Other Than Non-Payment. Lessee/s right to occupy the Site shall Terminate or may be Terminated as follows:

(a) at the end of the term of this Agreement or a future term on thirty (30) days prior written notice by either Lessee/s or Lessor:

(b) at any time, Lessee/s shall be in default or in breach of any provision of this Agreement (or the other documents incorporated herein and made a part hereof by reference, such as the Resort Rules and Regulations, (if any) upon written notice of such breach or default given by Lessor in accordance with Chapter 94 of the Texas Property Code.

 

 

(c) In the event that any governmental body or agency or any entity which has the right of eminent domain, takes or condemns all or any part of the Site or such portion of the Resort and it is no longer reasonable or suitable for use as a Resort for any public purpose by right of eminent domain (or any private purchase in lieu of the exercise of eminent domain), this Agreement shall terminate on the date that possession of such property is taken.

(d) Abandonment: Lessee/s vacates or abandons Lessee/s Manufactured Home/Park Model or the Site.

(e) at such other time as may be agreed to by the parties hereto in writing.

When Lessee/s right of occupancy is Terminated, Lessee/s shall pay all Rental or other sums due or owed and shall peacefully surrender possession of the Site and remove all of Lessee’s property and shall return the Site to the condition it was in at Lease inceptions, (less reasonable wear and tear), pursuant to this Agreement and failure to do so shall be deemed a breach of this Agreement and permit Lessor to exercise its remedies at law or equity including, without limitation eviction.

D.4.b. Termination for Non-Payment: Lessor may pursue Lessee’s eviction in the event Lessee/s fails to timely pay Rent or other amounts due under this Lease (including late charges and fees) that in the aggregate equal the amount of at least one month’s Rent. Prior to seeking eviction, Lessor shall provide Lessee/s with written notice of the delinquent amounts and opportunity to cure the delinquency within ten (10) days after the date Lessee/s receives the notice. If Lessee/s fails to completely cure the delinquency within such ten (10) day period, Lessor may immediately thereafter file for eviction or pursue other legal or equitable remedies. The term “monthly Rent” as used herein shall be defined as the quotient of the total dollar amount of Rent due hereunder divided by the total number of months in the term.

D.5. Default/Waiver/Mitigation. No failure by Lessor to enforce any provision of this Agreement after default or breach by Lessee/s shall be deemed a waiver of Lessor’s right subsequently to enforce any and all provisions of this Agreement upon any other or further default or breach on the part of Lessee/s. All remedies contained herein are cumulative and agreed to by the parties without impairing any rights or remedies contained whether said rights or remedies are herein referred to or not. The obligation of Lessee/s to pay Rent shall not be deemed to be waived, re-leased, or terminated by the service of a notice to vacate, notice to terminate, notice of breach, demand for possession, or institution of any legal action against Lessee/s. The acceptance of any Rentals or other sums due shall not be construed as a waiver of any default or breach by Lessee/s, nor shall such acceptance reinstate, continue, or extend the term of this Agreement or affect any notice, demand, or suit in connection with such Agreement. No payment by Lessee/s or receipt by Lessor of amount less than the total Rental and charges due shall be deemed to be other than on account of the Rent and charges due nor shall any endorsement on any check nor any letter accompanying such partial payment be deemed on accord and satisfaction, and Lessor may accept such partial payment without prejudice to Lessor’s rights to collect the balance of Rent and charges due. Any property of Lessee/s shall be kept on or at the Site at Lessee’s sole risk and shall be insured by Lessee/s. Lessor shall have no responsibility for any loss or damage to any property of Lessee/s at or on the Site or in the Resort.

 

 

  • D.6. Rental Deposit. If Lessee/s defaults, Lessor may use the Rental Deposit to pay arrears of Rent, to repair any damage or injury, or to pay any expense or liability incurred by Lessor as a result of the default. In addition, except as otherwise required under Chapter 94 of the Texas Property Code, as a condition to Lessor's obligation to refund the Rental Deposit, at the Termination of the Lease by Lessor or Lessee/s for a reason other than a Termination of this Lease under Section D.6. of this Lease, Lessee/s must provide Lessor at least thirty days advance written notice of Lessee's intention to terminate the Lease and Lessee’s intention to vacate the Manufactured Home/Park Model and Site.

  1. D.7.  Other Fees. Lessee/s is obligated to any additional fees associated with Lessee’s initial registration at the Resort, and Lessee’s and/or Invitees use of the common areas and other services of the Resort, applicable to all other Lessee/s as set forth in the Resort Rules and Regulations.

  2. D.8.  Holdover. If Lessee/s does not vacate the Manufactured Home/Park Model and Site following the Termination of this Lease, Lessee/s will become a Lessee/s at will and must otherwise vacate the Manufactured Home/Park Model and Site on receipt of notice from Lessor.

  3. D.9.  Alternative Dispute Resolution. Lessor and Lessee/s agree to mediate any disputes in good faith before filing a suit for damages.

  4. D.10.  Attorney’s Fees. If either party retains an attorney to enforce this Lease, the party prevailing in the litigation is entitled to recover reasonable attorney’s fees and court and any other costs of litigation.

  5. D.11.  Transfer of Lessor’s Interest in Lease. Lessor may sell, assign, or otherwise transfer Lessor’s interest in this Lease at any time, and such sale, assignment or transfer is binding on Lessee/s and the party to whom Lessor sold, assigned, or otherwise transferred Lessor’s interest in this Lease. Provided the party to whom Lessor sold, assigned, or otherwise transferred Lessor’s interest in this Lease assumes, in writing, the Lessor’s obligations and liabilities under this Lease, the Lessor is relieved of all obligations and liabilities under this Lease as of the date of such sale, assignment or transfer.

  6. D.12.  Venue. Venue is in the county in which the Manufactured Home/Park Model and Site are located.

  7. D.13.  Personal Liability: Members of the Resort’s Management staff shall have no personal liability to Lessee/s, authorized occupants, other occupants, invitees, and invitees. Lessee/s hereby waives any right of recovery, in law or equity, which Lessee/s may have against the Resort or its agents and agrees to look solely to the Resort’s property for the enforcement of all rights arising under the provisions of the Lease.

  8. D.14.  Notice of Injuries: In the event of any injury to Lessee/s, other occupants, or invitees, which is due to the negligence of Lessor, its agents and/or employees, Lessee/s agrees to give Lessor a written notice of the occurrence of such injury within five (5) days of the occurrence. Such notice must be in writing and delivered to the Resort at the address stated in this Lease.

  9. D.15.  Right to Mortgage: Lessor shall have the right to subordinate this Lease to any mortgage now or hereafter placed on the property. At the Resort’s request, Lessee/s shall execute and deliver such documents as may be required in order to accomplish this purpose.

  10. D.16.  Resort’s Right to Assign: Lessor reserves the right to sell the property and assign its rights and obligations under this Lease to the new owner. Lessee/s shall honor such an assignment and shall re-lease the Resort from all further obligations under this Lease.

  11. D.17.  Fair Housing: Lessor is an equal opportunity housing provider and complies with all Federal, State, and Local Fair Housing Laws and Regulations. Lessor does not discriminate in any way based upon race, religion, color, sex, national origin, familial status, disability, age, marital status, or any other classification protected by Federal, State, or Local Law applicable in the jurisdiction where the Rental property is located.

  1. D.18.  Reasonable Accommodations and Modifications to The Site: It is the policy of Lessor to grant reasonable accommodations in its Rules, procedures, and Lease provisions and to allow reasonable modifications of the Site that are necessary to allow a disabled Lessee/s an equal housing opportunity. Lessee/s shall notify the Lessor of any need relating to a disability or handicap (in writing if possible) to ensure the proper procedures are implemented to comply with existing laws. In the event Lessee/s fails to notify Lessor of any needed accommodation, Lessor shall not be liable for damages suffered by Lessee/s, nor shall Lessor be liable under Fair Housing laws. It is agreed that Lessor is under no obligation to accommodate Lessee/s until proper notification with credible supporting documentation (if necessary) is provided and Management has had the opportunity to grant or deny the accommodation or modification. Lessor may deny any request that does not meet the necessary requirements, is not reasonable, or where insufficient information has been provided to establish the required elements of the request.

  2. D.19.  Interruption of Services: As long as the Manufactured Home/Park Model is habitable, any interruption of services or utilities, inconvenience, or discomfort arising from repairs or improvements to the Home or Site shall not affect this Lease, reduce the Rent, or be construed as an eviction.

  3. D.20.  Conflicts. In the event a provision of this Lease conflicts with a provision of the Resort Rules and Regulations, the provision in the Lease controls.

  4. D.21.  Entire Agreement. This Lease, and any exhibits, addenda, and riders, and the Resort Rules and Regulations, are the entire agreement of the parties concerning the Lease of the Manufactured Home/Park Model by Lessor to Lessee/s. There are no representations, warranties, agreements, or promises pertaining to the Manufactured Home/Park Model and/or Site or the Lease of the Manufactured Home/Park Model by Lessor to Lessee/s, and Lessee/s is not relying on any statements or representations of any agent of Lessor, which are not in those documents. The provisions of this Lease shall be severable; if any provision is held invalid or unenforceable by any court of law for any reason whatsoever, the remaining provisions of this Lease are not affected and will remain in full force and effect.

  5. D.22.  Amendment of Lease. This Lease may be amended only by an instrument in writing signed by Lessor and Lessee/s. This Lease may be amended if changes are required by Federal, State or Local Law, Rule and Regulation.

  6. D.23.  Limitation of Warranties. EXCEPT AS PROVIDED IN CHAPTER 94 OF THE TEXAS PROPERTY CODE, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE OR REQUIRED OF LESSOR UNDER CHAPTER 94 OF THE TEXAS PROPERTY CODE.

  7. D.24.  Notices. Any notice required or permitted under this Lease must be in writing. Any notice required by this Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

 

  1. D.25.  Abandoned Property. Lessor may retain, destroy, or dispose of any property abandoned found in the Manufactured Home/Park Model and/or Site at the Termination of this Lease.

  2. D.26.  Joint and Several Liability: If this Lease should be signed as Lessee/s by more than one person, then the liability of the persons signing shall be joint and several.

  3. D.27.  Lease Binding: The covenants of this Lease shall be binding upon and shall be for the benefit of Lessor and Lessee/s and their respective successors in interest, heir, and representatives.

  4. D.28.  Remedies Not Exclusive: Each of the rights provided in this Lease shall be cumulative.

  5. D.29.  Interpretations: This Lease shall be construed according to the laws of the State of Texas.

  6. D.30.  Miscellaneous: The Agreement shall be governed by the laws of the State of Texas. Lessee/s acknowledges having read and understood all of the terms and provisions of this Agreement and agrees to be bound thereby. All references to “Lessor” shall include and refer to the Resort Manager or other designated severable. If any provision is held invalid or unenforceable by any court of law for any reason whatsoever; the remaining provisions shall not be affected and shall be in full force and effect, but the foregoing shall not require Lessor to maintain or repair property of Lessee/s.

  7. D.31.  Reduced Statute of Limitations Period: Each Party agrees that any claim such party may have against the other party arising out of this agreement must be filed within three (3) years from the first date of the occurrence, event, accident or condition or the date same should have been known. If any such claim is not filed within three (3) years from such date, it will be forever barred and extinguished. Consult an attorney about the meaning and effect of this provision.

  8. D.32.  Time is of Essence. Time is of the essence of this Lease.

  9. D.33.  Texas Law. The laws of the State of Texas govern this Lease. Chapter 94 of the Texas Property Code governs certain rights granted to a Manufactured Home Resort Lessee/s and obligations imposed on a Manufactured Home Resort Lessor by Law.

EXECUTED AS OF THE DATE FIRST WRITTEN ABOVE BY AND BETWEEN:

LESSOR:

_______________________________________________ Date: ___________________________ BOH Home Sales, Representative

 

Name (please print):______________________

Name (please print):________________________

 

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Signature Certificate
Document name: Bentsen Grove Resort Rental Home Lease
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10/09/2024 7:19 AM CSTBentsen Grove Resort Rental Home Lease Uploaded by Cindy Preston Aguilar - manager@bit-o-heaven.net IP 67.78.68.134
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