1051 W. Business Highway
Reservation Deposit: $_200__; Received on:___; Payment Method:_______*Reservation Deposit will be applied to rent.
Names: John Doe Site #
Bit-O-Heaven SPE, LLC(hereafter called "Lessor") agrees to lease the above site inBit-O-HeavenResort(the “Resort”) to the undersigned Lessee/s subject to the terms and conditions listed and referenced in this agreement, for the following time period, terms ,and rental amounts:
____Annual Rental (12 months occupancy) $___________Date Rec’d: _________ Form of Pmt:_____ ____Seasonal Rental: (up to 6 months occupancy) $___________Date Rec’d: _________ Form of Pmt:_____ ____Additional Month(s):($______/month x _____ months) $___________Date Rec’d: _________ Form of Pmt:_____ ____Weekly/ Daily (circle one):Cost: ($________) $___________Date Rec’d: _________ Form of Pmt:_____ Lessee/s agree to pay Lessor the above lease amount in full, along with applicable utility charges ,taxes ,and fees, for the stated rental period.See our currentRate Sheet for a list of additional services and fees, and for terms of payment.The Rate Sheet is incorporated by reference into this Agreement.Lessee/s understand and agree that Lessor has the right to increase rental charges at any time while this Agreement is in effect by givingLessee/sat least thirty (30) days prior written notice of the increase.
Manufacturer: Model: Year:
Length:__________________ Number of slide outs:________________ State Registered:
AGREED: We have read and agree to abide by the terms of this agreement, including those found on the back of this page, and the Resort Rules and Regulations and any amendments thereto, a copy of which we have received and which are incorporated herein by reference and made a part of this agreement for all purposes. We agree to be jointly and severally responsible for its requirements.(All Lessee/s 18 and older must sign):
IT IS FURTHER AGREED THAT:1.Placement of Unit:Unit's precise location on the site is to be approved by theLessor, andLessee/s agrees to obtain permission and follow published guidelines for location and construction of any site improvements.2.Additional Charges & Taxes:Lessee/s agrees to pay all rents, utilities, taxes ,fees ,and other charges related to the use of the siteand facilities. All payments are applied first to the oldest charges on your account.3.Terms:This Agreement may not be canceled, sold ,transferred ,or modified without the written consent ofResortManagement.4.Approved Lessee/sonly:Lessee/s agrees to limit use of this site to their immediate family, as listed on this lease, along with their visitors and guests. Requests for exceptions to this rule will be considered and must be approved in writing. This Resort is an age-restrictedResort, and therefore, allLessee/s shall be subject to the Resort age restrictions as stated in theResortRules and RegulationsVisitors and guests must be accompanied by an adultLessee/sand are subject to the Rules and conditions listed in the Resort Rules and Regulations.Every resident is required to allow Resort Management to make a photocopy of the resident’s driver’s license ,birth certificate, passport, immigration card, military identification or other local, state, federal or international documentation as may convincingly provide evidence of the resident’s age. Every resident must verify his/her age in writing upon request by Resort Management.5.Obey, and cause Invitees to obey, all laws and Rules and Regulations of the Resort related to the use and occupancy of the Site and any common areas in the Resort. Except as permitted in the Resort Rules and Regulations, and on written notice to Lessor’s accompanied by the payment of applicable fees, only Lessee/s will reside in the Lessee’s RV located on the Site.6.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.Any breach or violation of the Rules is expressly declared to be a breach of this Agreement.7.Peaceful Enjoyment: The Site shall be used for residential purposes only, and Lessee/s, all their occupants and their visitors shall conduct themselves in a lawful, peaceful manner and shall not interfere with the rights of the otherLessee/s or neighbors.Lessee/s shall not engage in, nor allow their Lessee/s or visitors to engage in, any activities on the Site which are contrary to any law, ordinance ,and/or any applicable health and/or fire department and/or insurance policy provisions.Lessee/s may not rent or sublet their unit without permission from Management.8. Lessee/s warrants and covenants that a full and complete inspection of the Site and of the Resort and all of its facilities has been made and that all of such were found to be in good safe and habitable condition. Lessee/s acknowledges that Lessee/s is accepting the Site in its “as is” condition without representation or warranty of Lessor but subject to the requirements of Chapter 94 of the PropertyCode of the State of Texas.9.Allow Lessor access to the Site and allow Lessor to enter the Lessee’s RV located on the Site, to perform Lessor’s obligations, to inspect the Site and the Lessee’s RV, and to show the Site to prospective Lessee’s, lenders or other third parties. Lessor may also enter Lessor’s RV in any reasonable manner, and at any reasonable time, if (1) an emergency exists, or (2) the Lessee/s abandons theRV.10.Site Maintenance:Lessee/s agrees to keep Site in a clean and sanitary condition, in good repair, and free from vermin, rodents, and wild animals, to maintain lawns, landscaping, and walks in good condition, to not perform mechanical work in driveways, parking lots, and lawn areas, and to park all vehicles, boats, golf carts and other equipment in designated areas.11.Parking:Lessee/s agrees to park unit and any accompanying vehicles/motorcycles/golf carts, etc on the site you are renting only. You will incur additional charges for Parking on any sites other than the one you are leasing/paying for.Lessee/s agrees to not park in the street at any time, unless loading or unloading for a period of not more than 15 minutes.Due to space allowances, we do allow2(two)on, 2(two)off with permission fromManagement. 12.Repairs:Lessee/s has the obligation to maintain and keep in good condition and repair Lessee’s RV 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 here of: a)damage from wastewater stoppage or backup caused by foreign or improper objects in lines that exclusively serve the Site; 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.c)all damage which are caused by Lessee/s to common areas of Resort and/or other Lessee’s Sites/property.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.13.Damages:Lessee/s agrees to report and accept liability for damages and injuries caused byLessee/s and guests, including payment for any damages they incur toLessee's property, other Lessee's property, and Resort facilities.14.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.15.Insurance:Lessee/s agrees to carry liability and hazard insurance for their personal property, including RV, site improvements, pets ,boats, golf carts, motor vehicles, docks, etc.Lessee/s agrees that Lessor shall not be liable for any damage or injury to person or property occurring on the Site, grounds, common areas, or recreational facilities of theResort.16.Licenses:Lessee/s agrees to display current license plates or tags on all motor vehicles and watercraft. No unlicensed vehicle/watercraft may be used or stored at the Resort. RVs in storage must display a license. Dogs must be registered and licensed.17.Pets:All dogs-including visiting dogs-must be registered and kept in accordance with the Resort Rules and Regulations. 18. Severability: If any provision of this agreement shall be declared invalid or unenforceable, the remainder of the agreement shall continue in full force and effect.19.Non-Renewal:This agreement must be renewed annually. In event of non-renewal,Lessee/s must give written notice no later than thirty(30) days prior to the Ending Date and site must be vacated no later than the Ending Date. If site is not vacated by the EndingDate, you agree to pay the current short term camping rate until site is vacated, and to allow Resort Management to remove RV and personal property from site (see #19).20.Restoration of Site:Upon termination or non-renewal,Lessee/sa grees to remove the RV and all personal property and to restore the site to move-in condition. Trees, shrubs, and flowers may not be removed from the site without written permission.21.Temporary Relocation:In the unlikely event that the Lessor must access your site in order to service or upgrade its facilities, the Lessor may require you to abandon the site. Lessor will provide either an alternate site or temporary storage for your unit. If no alternate site is available, prepaid rents will be refunded on a pro-rated basis. However, no refunds will be issued for interruptions to your electric, water ,sewer, or services due to mechanical failure, "acts of God," or events beyond our control.22.Termination: Lessor may terminate this agreement upon three (3)days written notice. Lessor retains the exclusive right to determine the suitability of any Lessee/sand the necessity of discharging them.23.Attorney’s Fees.If either party retains an attorney to enforce this Lease, the party prevailing in litigation is entitled to recover reasonable attorney’s fees and court and any other costs.24. Eviction: Management may remove or cause to be removed from theResort any Lessee/s or guest or other individual who, while on the Site of theResort, disturbs the peace and comfort of the other Lessee/s, who causes physical harm to the Resort facilities, or who fails to pay rent at the rental rate agreed upon by the time agreed upon. Management may also disconnect your utilities, place a lien upon property, place your property in storage, or take other actions as provided by law.25.Storage:If, for any reason listed herein or in the Resort Rules and Regulations, Lessee/s fails to vacate site when required, Lessor may place Lessee/s's RV and personal property in storage until claimed and a moving/ storage fee is paid.Lessee/s agrees to hold Lessor and his agents harmless for any damage to Lessee/s's property caused in the course of its moving or storage.26.Abandonment/Disposal:Lessee's property on Site or removed to storage is subject to monthly non-resident storage fees. If storage fees are not paid or if property remains unclaimed for more than ninety (90)days, it will be considered abandoned and may be disposed of at Management's discretion, and without liability to Lessee/s.27.Cancellation of reservation: All monthly and seasonal reservations require a deposit of $200.Notifications of cancellations must be made in writing before October 31st to receive a refund less the $25 administration fee.Once the site is occupied, there is no refunds for unused stay.28.Personal Liability: Members of the Resort’s Management staff shall have no personal liability to Lessee/s(s), authorized occupants, other occupants, guests, and invitees.Lessee/s(s) hereby waives any right of recovery, in law or equity, whichLessee/s(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.29.Notice of Injuries:In the event of any injury toLessee/s, other occupants, or guests, which is due to the negligence of the Resort, 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.30.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.31.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 Lessor.Lessee/s shall honor such an assignment and shall release the Resort from all further obligations under this Lease.32.Lease Modifications: No modifications of this Lease shall be binding unless they are in writing and signed by the Parties.
Fair Housing:The Resort is an equal opportunity housing provider and complies with all federal, state, and local fair housing laws and regulations. The Resort 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.34.Reasonable Accommodations and Modifications to theSite: It is the policy of the Resort to grant reasonable accommodations inits rules, procedures, and lease provisions and to allow reasonable modifications of the Site that are necessary to allow a disabled Lessee/san equal housing opportunity.Lessee/s shall notify the Resort 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 the Resort of any needed accommodation, the Resort shall not be liable for damages suffered by Lessee/s, nor shall the Resort be liable under fair housing laws. It is agreed that the Resort is under no obligation to accommodateLessee/s until proper notification with credible supporting documentation (if necessary) is provided and the Resort has had the opportunity to grant or deny the accommodation or modification. The Resort 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.35.Interruption of Services:any interruption of services or utilities, inconvenience, or discomfort arising from repairs or improvements to the Site shall not affect this Lease, reduce the rent, or be construed as an eviction.36.Conflicts.In the event a provision of this Lease conflicts with a provision of the Resort Rules and Guidelines, the provision in the Lease controls.37.Entire Agreement.This Lease, and any exhibits, addendums, and riders, and the Resort Rules and Regulations, are the entire agreement of the parties concerning the Lease of the Site by Lessor to Lessee/s. There are no representations, warranties, agreements, or promises pertaining to the Site or the Lease of the Site by Lessor to Lessee/s, and Lessee/s is not relying on any statements or representations of any agent of Lessor, that 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.38.Limitation of Warranties.EXCEPT AS PROVIDED IN CHAPTER 94 OF THE TEXAS PROPERTY CODE, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, 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.39.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 StatesPostal 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.40.Abandoned Property.Lessor may retain, destroy, or dispose of any property abandoned on the Site at the termination of this Lease.41.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.42.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.43.Remedies Not Exclusive:Each of the rights provided in this Lease shall be cumulative.44.Interpretations:This lease shall be construed according to the laws of the State of Texas.45.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 theResortManager 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.46.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.47.Time is of Essence.Time is of the essence of this Lease.48.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 RV & Manufactured-Home Resort Lessee/s and obligations imposed on a Resort Lessor by law
