AMBER SKIES RETIREMENT COMMUNITY

2001 Amber Skies Ave. Alamogordo, NM 88310

1-800-900-9680 Tel. 575-434-9680 Fax. 575-434-6130

Jim Freiberger Property Manager email jimatamberskies@charter.net

 

RESIDENTIAL LEASE

AND

RULES

DATE:                   DESCRIPTION

2/01/2006                       Published

6/21/2007                       Section 8 A stated 2 dogs and 1 cat. Modification states 3 pets.

6/20/2008                       Section Nine Clubhouse Use

6/20/2008                       Section Seven “E”

 

 

 

 

 

 

 

 

 

AGREEMENT TO LEASE

LOT:      

Amber Skies is a retirement community. No residents EIGHTEEN (18) or under are permitted. Any children visiting residents cannot stay more than THIRTY (30) days in any calendar year. This agreement is entered into, effective as of      , between AMBER SKIES, of 2001 AMBER SKIES AVE., ALAMOGORDO, OTERO County, NEW MEXICO, referred to as "prospective leassor," and   , of      [address], Alamogordo[city], Otero County, New Mexico[state], referred to as "prospective leassee."

 

It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of, New Mexico.

SECTION ONE

SUBJECT OF LEASE

Prospective leassor shall enter into a written lease agreement with prospective leassee on or before      , by which prospective leassor shall lease to prospective leassee the residential property owned by prospective leassor located at 2001 AMBER SKIES AVE. LOT #      , ALAMOGORDO, OTERO County, NEW MEXICO, for prospective leassee(s) to occupy and use as their residence. Any person residing at said residence past THIRTY (30) days will be considered a resident and will result in a rent increase.

SECTION TWO

TERM OF LEASE

The premises shall be leased to prospective leassee for a period of ONE (1) years from      . The lease shall be automatically renewed for ONE (1) years on the anniversary of said lease. The Leassee shall have the right to vacate the premises with a written SIXTY (60) day notice. Vacating the premise without written notice will result in a forfeiture of their deposit. Violations of the Lease/Rules, (see appendix A&B), following due notification by the Leassor, shall be reason for evictions to proceed with a written SIXTY (60) day notice.

A.    Your manufactured home may not be sublet without prior Management approval.

B.    All homes must be hardboard, vinyl, or stucco sided, with a shingle or Propanel roof.

C.    All sheds must be painted using the same colors of the home.

D.    All used homes must have written prior approval by management prior to moving into the park

E.    All homes must be a minimum of 840 square feet.

F.    Loud and disturbing noises are prohibited at any time.

G.    The office must be notified of any guest staying longer than 3 days.

H.    All guest must obey all the rules of the park.

I.     All guest are the responsibility of the resident.

J.     The resident will be responsible for replacing any items or equipment that are broken or damaged by their guest.

K.   No antennas are permitted in the park, with the exception of a small satellite dish. One of these for television and one for internet are permitted.

L.    An antenna that is disguised as a flagpole is permitted for Ham Radio operations.

M.   Lots may be fenced for pets or for privacy. Fences may not be more than 6 feet tall. Chain link fences are not permitted. All fences must be approved, in writing, with management prior to installation.

N.   Any complaints/suggestions must be provided in writing and signed before giving to management.

SECTION THREE

MONTHLY RENTAL

Prospective leassee shall pay $       per month as the monthly rental for the term of the lease with the first payment due on or before first (1st) day of the month, and subsequent payments on the first (1st) day of each succeeding month. A deposit of one (1) month’s $      rent is required, as a security deposit at the signing of the lease.

ITEMIZED LISTING OF MONTHLY FEES

Monthly rent $       

RV storage $      

Maintenance fee $      

Additional persons $      

Total monthly fees $      

A TWENTY FIVE (25) dollar service fee will be imposed on all checks returned for insufficient funds.

A TEN (10) dollar late fee will be imposed after the FIFTH (5th) day of the month. A TWENTY (20) dollar late fee will be imposed after the TENTH (10th) day of the month.

Rent may be increased, on the anniversary of the lease, with a THIRTY (30) day written notice. Rent may not be increased by more than FIVE (5) % per year.

SECTION FOUR

LOT MAINTENANCE

A.    Residents are responsible for lot maintenance. Lot maintenance is described as, weed control, watering of the plants, and home maintenance.

B.    Management reserves the right to contract an outside source for the maintenance and bill back these charges to the resident if the lots are not maintained.

SECTION FIVE

TAXES AND UTILITIES

A.  Prospective leassee shall be liable for all personal property taxes and all remaining utility charges, including gas, electricity, sanitation, and telephone.

SECTION SIX

REPAIRS

A.  Prior to any repairs / improvements the Leassee shall obtain a copy of the lot drawing to assure the utility lines are not cut. Any repairs or damages made by leassee without obtaining a copy of the lot drawing that result in utility line damage are the responsibility of the lessee.

SECTION SEVEN

VEHICLES

A.    The speed limit in the park is 15 MPH and must be observed at all times. It is the responsibility of the resident to inform any visitors or delivery trucks that the speed limit within the park is 15 MPH.

B.    No major repair of automobiles may be undertaken in the park. Normal maintenance is permitted. Under no circumstances shall an automobile be on jacks for more than four (4) hours.

C.    A parking for two (2) automobiles is provided on each lot. Additional parking for guest is permitted in the clubhouse parking lot. Any parking in the clubhouse parking lot for more than forty-eight (48) hours must be requested in writing and approved by management.

D.    Parking in the street is only permitted between the hours of 8:00AM – 10:00PM.

E.    No parking is permitted on the dirt or rocks except with prior authorization of management.

 

 

 

 

 

SECTION EIGHT

PETS

A.    Pets are limited to three (3) pets.

B.    NO pet shall be allowed to run free within the park. If pets are left outside they MUST be restrained by a fence and. If ANY pet (including cats) is found running loose in the park Animal Control will be called to collect the animal.

C.    All pets must be leashed when walking. Any droppings MUST be picked up by the owner.

D.    All pets must have current license and current shots.

E.    All pets must be inside by 9:30PM.

F.    Any pet causing a disturbance or harm to any other persons or other pets will result in the resident being asked to hand over their pet to Animal Control.

G.    Any resident who violates Section Eight of these rules will lose the privilege of having a pet within this park. 

SECTION NINE

CLUBHOUSE USE

The clubhouse is for the use of the residents and owners. Residents must schedule the use of the clubhouse with management to ensure there is no overlapping of scheduled events. With the use of the clubhouse comes certain responsibilities;

A.       Set-up of the clubhouse is the responsibility of the residents.

B.        Clean-up after the function is the responsibility of the residents. Clean-up is defined as, wiping off tables and chairs if necessary, tear down and stacking of tables and chairs. Sweeping the floor and taking out the trash.

C.       DO NOT put any excess food in the refrigerator.

D.       Ensure that the air-conditioning and the lights have been turned off.

E.        If you wish to contract the set-up and clean-up there is a $25.00 fee for set-up and a $50.00 fee for clean-up.

F.        Management will set-up the tables for the end-of-month potluck. Please wipe off the tables but leave them set-up. We will tear these down after the potluck.

SECTION TEN

ATTORNEY FEES

In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

SECTION ELEVEN

ENTIRE AGREEMENT

This agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind proceeding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement.

It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of, New Mexico.

SECTION TWELVE

MODIFICATION OF AGREEMENT

Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. These rules may be changed with a written thirty (30) day notice.

 

SECTION THIRTEEN

PARAGRAPH HEADINGS

The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement.

In witness of the above, each party to this agreement has caused it to be executed on this        day of      ,      

SECTION FOURTEEN

LEGAL

I/We have read the rules and guidelines set forth by Amber Skies and do hereby agree to abide by them in their entirety. It is further understood that failure, or refusal, to obey these rules will be good and sufficient cause for eviction proceedings to begin. As always you will be given written notice of the aforesaid infractions and have 5 days to correct the problem. This constitutes both legal and binding contract between the tenant and Amber Skies Retirement Community.

 

JIM FREIBERGER                                                                 

_____________________________                                _____________________________

Property Manager                                                                   

                                                                                          _____________________________

 

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