LEASE AGREEMENT - Equine Rental Community

Transcription

LEASE AGREEMENTTHIS LEASE AGREEMENT (the "Agreement") is made effective and entered into at Stillwater, Oklahoma on/ / )(Individually and collectively referred to as the Tenant).andW I T N E S S E T H:WHEREAS, the Landlord desires to lease the Leased Premises to the Tenant and the Tenant desires to lease the LeasedPremises from Landlord, all in accordance with the terms and provisions of this Agreement.NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuableconsideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:1.Leased Premises. Subject to the terms and conditions of this Agreement and in consideration of the rents,covenants and agreements contained herein, together with the representation made in the application filed by the Tenant, Landlordhereby rents to the Tenant and the Tenant agrees to lease from the Landlord, for residential purposes only, the premises situated inPayne County, Oklahoma and located at:(the "Leased Premises"), together with the following furnishings andappliances: refrigerator and stove, dishwasher, washer & dryer subject to the terms and conditions of this Agreement.Landlord has no knowledge of flooding on the Leased Premises within the last 5 years.2.Term. The term of this Agreement will be for a period of 12 months beginning on the 1st day of, and ending on the 31st day of , (the "Lease Term"), unless renewed or extendedpursuant to the terms and conditions of this Agreement.3.Rent. During the Lease Term, the Tenant agrees to pay to the Landlord as rent (the "Rent") for the LeasedPremises 1250 per month, plus additional rent of 100 for each horse housed above 3 on Leased Premises, subject toSection 15 of this Agreement. The first month’s rent is due upon the signing of this Agreement, with subsequent rent being dueon the first day of each month following, without prior notice, demand, setoff, counterclaim, abatement, deduction, defense ordeferment and Tenant will have no right to reduce, abate or defer the rent payable hereunder for any reason whatsoever. Paymentshall be made to the person or entity, and at the address the Landlord shall designate in writing. Rent is to be paid in cash,personal check, money order, cashier’s check and/or certified check, or, at the option of the Landlord, in any other fashion. Rentshall not be considered paid until such time as it is actually received by Landlord. Tenant placing rent payment in the mail is notsufficient for rent to be considered paid.Rent shall be made payable to D.S. & Z. Properties, L.L.C and mailed or delivered to the following address:P.O. Box 164, Stillwater, OK 74076Each Tenant that is a party to this Agreement shall be individually and collectively responsible for payment of the total rent due.Landlord’s notice to any Tenant of an unfulfilled obligation shall be deemed as proper notice to all parties to this Agreement.In each instance that a check offered by Tenant to Landlord for any amount due under this Agreement or in payment of rent isreturned for any reason, a service charge of 25.00 will be assessed, and any future payments must be made by cash, money order,cashier’s check and/or certified check.If Tenant fails to pay the rent in full before the tenth day of the month, Tenant will be assessed a late charge of 25.00. Landlord reserves and in no way waives the right to insist on payment of the rent in full on the date it is due. Allpayments made after the due date shall be considered a breach of this Agreement and Landlord reserves all rights to take any andall actions afforded by law.In the event of a rent increase, Tenant shall be notified pursuant to applicable state laws and/or statutes.

4.Examination and Acceptance. Tenant acknowledges that Tenant has examined the Leased Premises andacceptance of this Agreement is conclusive evidence that Leased Premises are in good and satisfactory order and repair unlessotherwise specified herein. Tenant agrees that no representations as to the condition of the Leased Premises have been made andthat no agreement has been made to redecorate, repair or improve the Leased Premises unless set forth in writing. Landlord willdeliver the Leased Premises and all common areas in a habitable condition, pursuant to applicable State law. Tenant takes LeasedPremises in its AS-IS condition. Tenant agrees not to damage the Leased Premises through any act or omission, and to beresponsible for any damages sustained through acts or omissions of Tenant, Tenant’s family, invitees, licensees and/or guests. Ifsuch damages are incurred, Tenant is required to pay for any resulting repairs upon notice from Landlord, with consequences fornonpayment identical to nonpayment of rent or other charges described herein.5.Use and Occupancy. It is expressly understood and agreed that during the entire term of this Agreement LeasedPremises are to be used only as a private residence for Tenant(s) listed as parties of this Agreement and the following minorchildren whose names and ages appear below:1.2.3.The Leased Premises will not sit vacant or will not be occupied or used for any other purpose without first obtaining the writtenconsent of the Landlord. The Tenant will promptly comply with all laws, orders and regulations affecting the use of the LeasedPremises and the cleanliness, safety, occupation and use of same.Tenant, guests and invitees of either Tenant or guests shall not use Leased Premises for any unlawful purpose and shall complyfully with all applicable federal, state and local laws and ordinances, including laws prohibiting the use, possession or sale ofillegal substances. Nor shall Tenant, guests or invitees of either Tenant or guests use the premises in a manner offensive to others;create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment of any other tenant or nearbyresident. Tenant agrees to immediately inform Landlord and the appropriate authorities upon obtaining actual knowledge of anyillegal on or upon the Leased Premises.Landlord agrees that provided Tenant has kept and performed the covenants contained in this Agreement, on the part of Tenant,Tenant shall at all times during the existence of this Agreement, renewals or extensions peaceably and quietly, have, hold andenjoy the Leased Premises, without suit, trouble or hindrance from Landlord, or any person claiming under Landlord.6.Security Deposit. Upon execution of this lease, Tenant will deposit with Landlord the sum of 1250 ,which is to be held as collateral security and applied on any rent or any other charge that may remain due and owing at theexpiration of this Agreement, any extension thereof or holding over period or applied on any damages to the premises causedby the Tenant, his family, invitees, employees, trades people, or other expenses suffered by Landlord as a result of a breach ofany covenant of the Lease. Landlord will deposit Tenant's security deposit, which shall be maintained in the State ofOklahoma with a federally insured financial institution. Tenant may not utilize the security deposit as rent nor shall Tenantdeduct same from the last month's rent nor require the Landlord to indemnify itself from said sum of money or any partthereof with respect to any particular violation or default of Tenant. In the event that any part of the said security deposit shallhave been utilized by Landlord in accordance with the terms hereof or applicable law, the Tenant shall, upon the deliverynotice of same, immediately deposit with the Landlord the amount so applied by Landlord so that the Landlord shall have thefull deposit on hand at all times during the term of this lease and any renewal thereof or holding over. In the event of the saleof the property upon which this premises is situated or the transfer or assignment by the Landlord of this Lease, the Landlordshall have the right to transfer said security deposit to the transferee, notify Tenant in writing of such transfer and of thetransferee's name and address, and Landlord shall be considered released from all liability for the return of the security2

deposit, and Tenant shall look solely to the new Landlord for the return of his security deposit. It is agreed that the foregoingshall apply to every transfer or assignment made on the security deposit to a new Landlord.Landlord is not obligated to return Tenant’s security deposit or give Tenant a written description of damages and chargesuntil Tenant gives Landlord a written demand for the return of Tenant’s security deposit and Tenant’s forwarding address forthe purpose of refunding the security deposit. Once request is submitted Landlord has 30 days from the last day of the leaseto process the refund. If Tenant does not make a written demand for said security deposit within six (6) months aftertermination of the tenancy, the security deposit reverts to Landlord, and the interest of Tenant in the security depositterminates at that time.7.Application for Lease: Tenant acknowledges that the statements and representations made in the signedapplication for said premises are true, that they are deemed a part of this Agreement, and any false statement shall constitute abreach of this Agreement.8.Vehicle Parking: No automobiles, truck, motorcycle, trailers or other such vehicles shall be parked on theLeased Property without current license plates and all vehicles must be in operating condition. Such vehicles may be parkedin driveways or other areas designated by Landlord. Street parking may be utilized if allowed by city and state ordinance.Horse trailers must be parked in designated areas.9.Possession at Commencement of Term:Tenant shall not be entitled to possession of the premisesdesignated for lease until the security deposit and first month's rent (or prorated portion thereof), less any applicablepromotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant. If Landlord is unableto deliver possession of the premises to Tenant on or before the commencement of the term of this Lease due to anotherperson occupying the premises, Tenant's rights of possession hereunder shall be postponed until said premises are vacated bysuch other person, and rent due hereunder shall be abated at the rate of one-thirtieth (1/30) of a monthly installment for eachday that possession is postponed or Tenant may, at Tenant's sole discretion, terminate this Lease by giving Landlord a writtennotice of such termination, whereupon Landlord shall return all prepaid rent and deposit to Tenant. Tenant expressly agreesthat Landlord shall not be liable for damages to Tenant in the event Tenant, for any reason whatsoever, is unable to enter andoccupy the premises.10.Insurance. Landlord shall not obtain nor carry insurance that covers any of Tenant’s belongings or livestock.Landlord highly recommends that Tenant independently purchase: (a) insurance against loss or damage by all risks commonlyincluded in extended coverage policies written in Oklahoma; (b) insurance against loss or damage to the Tenant's property locatedon the Leased Premises; and (c) insurance covering damages and/or injuries caused by livestock owned or housed on LeasedPremises by Tenant.Landlord shall not be liable to Tenant, Tenant’s family, invitees, licensees, and/or guests for damages not caused by Landlord orLandlord’s agents. Landlord will not compensate Tenant or anyone else for damages caused by any other source whatsoever, orby Acts of God.11.Utilities: Tenant will be responsible and pay for the following utilities, including all required deposits (checkthose that apply):na Gas X Water X Electric Refuse Collection X Telephone X Cable TVLandlord will be responsible and pay for the following utilities, including all required deposits (check those that apply):Gas Water Electric X Refuse Collection Telephone Cable TVTenant shall be responsible for contacting and arranging for any utility service not provided by Landlord, and for any utilities notlisted above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the Leased Premises3

back to Landlord upon termination or expiration of this Agreement.12.Repair and Remodeling. The Tenant accepts the Leased Premises in its present condition waives any defects inthe Leased Premises and acknowledges the Leased Premises are satisfactory and suitable for the purposes for which same areleased. The Tenant agrees to take good care of and maintain the Leased Premises in good condition. The Tenant agrees that noremodeling, installations, lock or key changes, or other changes will be made to the Leased Premises at any time without the priorwritten consent of the Landlord. This includes and is not limited to changing or adding paint, wall paper, antennae, or satellitedishes, driving nails or other devises into the walls or woodwork, (a reasonable number of picture hangars excepted).13.Duties and Responsibilities.Landlord shall:1.Except in the case of a single-family residence, keep all common areas of the building, grounds,facilities and appurtenances in a clean, safe and sanitary condition;2.Make all repairs and do whatever is necessary to put and keep Tenant's dwelling unit and premises in afit and habitable condition;3.Maintain in good and safe working order and condition all electrical, plumbing, sanitary, sewer ,heating, ventilating, air-conditioning and other facilities and appliances, including elevators, suppliedor required to be supplied by Landlord;4.Except in the case of one- or two-family residences or where provided by a governmental entity,provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage,rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for the frequentremoval of such wastes; and5.Except in the case of a single-family residence or where the service is supplied by direct andindependently metered utility connections to the dwelling unit, supply running water and reasonableamounts of hot water at all times and reasonable heat.6.Shall be responsible for mowing, edging and maintaining yard in a reasonably manicured manner.But Landlord shall have no duty to maintain any of the above if the noncompliance is the fault of the Tenant.Tenant shall:1.Keep that part of the premises which Tenant occupies and uses as safe, clean and sanitary as thecondition of the premises permits;2.Dispose from Tenant's dwelling unit all ashes, garbage, rubbish and other waste in a safe, clean andsanitary manner,3.Keep all plumbing fixtures in the dwelling unit or used by Tenant as clean and sanitary as theircondition permits;4.Use in a safe and nondestructive manner all electrical, plumbing, sanitary, heating, ventilating, airconditioning and other facilities and appliances including elevators in the premises;4

5.Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises orpermit any person, animal or pet to do so;6.Not engage in conduct or allow any person or animal or pet, on the premises with the express orimplied permission or consent of Tenant, to engage in conduct that will disturb the quiet and peacefulenjoyment of the premises by other tenants;7.Comply with any covenants, rules, regulations or ordinance issued or promulgated by Landlord or anyrental authority in accordance with applicable Oklahoma law; and8.Not engage in criminal activity that threatens the health, safely right of peaceful enjoyment of thepremises by other tenants or is a danger to the premises, and not engage in any drug-related criminalactivity on or near the premises either personally or by any member of Tenant's household or any guestor other person under Tenant's control.9.Notify Landlord in advance if Tenant will be away from Leased Premises for seven (7) or moreconsecutive days. During such absence, Landlord may enter the premises at times reasonablenecessary to maintain the property and inspect for needed repairs.Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.14.Disclaimer of Security Warranties: Landlord, Landlord's agents or employees make no warranties,guaranties or representations regarding the security of the Premises, common areas, or the apartment community, and anysuch warranties and representations, whether expressed or implied, are hereby disclaimed. Tenant hereby agrees andacknowledges that Tenant and occupant(s) shall have the exclusive responsibility of protecting the Premises, Tenant(s),occupant(s) and Tenant's guests from crime, fire, and other danger. Landlord shall not provide and shall have no duty toprovide any security devices to Tenant or the apartment community with the exception of those required by applicable law,Tenant shall look solely to the Public Police Force and other forms of Public Safety for protection. Tenant agrees andacknowledges that protection against criminal action is not within the power of Landlord, Landlord's agents or employees,and though Landlord, from time to time, may provide crime deterrent services, those services cannot be relied upon byTenant and shall not constitute a waiver or in any manner modify, the above agreement Upon Tenant's reasonable request,Landlord shall consider permitting Tenant to install fire safety and/or crime deterrent devices, provided such devices do notdamage the Premises, create danger, and Tenant provides Landlord with duplicate keys and alarm codes enabling Landlord toaccess Premises.15.Pets. No pet, animal, bird, reptile or other pet will be kept on the Leased Premises without written permissionfrom the Landlord. If written permission is granted, the Tenant agrees to pay the cost of having the Leased Premises de-fleaedand de-ticked by a professional exterminator at the termination of Tenant’s occupancy, or before at the request of the Landlord.Tenant expressly agrees and understands that Landlord may require an additional deposit if permission is granted.The housing of horses shall be allowed with the express written permission of the Landlord and under the following terms andconditions (Tenant shall initial next to each item):15.1 Description of Horses. Only the horses listed on the attached page, titled Description of Horse(s) shall beallowed to be permanently or temporarily on the Leased Premises.15.2 Tenant shall provide adequate feed for normal and reasonable care required to maintain the health andwell-being of the horse.15.3 Tenant shall be solely responsible for proper exercise of the horse.15.4 Tenant may store certain tack and equipment in the loafing shed. Landlord shall not be responsible for5

the theft, loss, damage or disappearance of any tack or equipment or other property stored on the Leased Premisesor in the loafing shed.15.5 Tenant is responsible for maintaining reasonable care of horse’s feet and will maintain a consistentschedule of shoeing and or trimming. Tenant is responsible for maintaining a reasonable de-worming program.15.6 Tenant agrees to have horse immunized annually for Eastern/Western Encephalitis, rabies, tetanus andrhinopneumonitis, and twice annually (spring and fall) for West Nile, and influenza. Owners shall have horsetested for Coggins infection and all other diseases or infections required under the Oklahoma Health Certificate.Owner agrees to provide evidence to Landlord of current immunizations, as detailed in this section along with anOklahoma Health Certificate. Immunizations must be current prior to horse being housed on Leased Premises.15.7 Tenant agrees to have horse monitored or checked at least once daily. Should Landlord notice that horseis ill or not properly maintained, Landlord will attempt to contact Tenant to address issue. However, if Landlord isunable to contact Tenant or if the well-being of the horse requires immediate attention, Landlord may takenecessary action at the expense and liability of Tenant.15.8 During the time that the horse is kept or housed at the Leased Premises, Landlord shall not be liable forany sickness, disease, astray, theft or death or injury which may be suffered by the horse or any other cause ofaction whatsoever, arising out of the horse being located on the Leased Premises. This includes, but is not limitedto, any personal injury or disability the horse may cause or receive while on the Leased Premises. Tenant fullyunderstands that Landlord does not carry any insurance on any horse for any purposes, and all risks and liabilityconnected with horse being on Leased Premises are to be borne by the Tenant.15.9 Tenant agrees to hold Landlord harmless for any claim resulting from damage or injury caused by horseto anyone and agrees to pay any expenses, including attorney fees incurred by Landlord in defense of such claims.15.10 Tenant acknowledges there are inherent risks associated with equine activities such as described belowand hereby assumes all risks associated with participating in such activities. The inherent risks include, but are notlimited to the propensity of equines to behave in ways such as running, bucking, kicking, shying, stumbling,rearing, falling or stepping on, that may result in injury, harm or death to persons on or around them; theunpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons orother animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limitedavailability of emergency medical care; and the potential of a participant to act in a negligent manner that maycontribute to injury to the participant or others, such as failing to maintain control over the animal or not actingwithin such participant’s ability. Under Oklahoma law, an equine activity sponsor or equine professional is notliable for any injury or the death of a participant in equine activities resulting from the inherent risks of equineactivities, pursuant to Oklahoma Livestock Activities Liability Limitation Act, Title 76 of the Oklahoma StatutesAnnotated.15.11 Tenant warrants that he/she owns or leases the horse and that there are no liens against the horse, expressor by law.15.12 Tenant acknowledges that Tenant has a duty to immediately report to Landlord any disrepair of thepaddock or corral area; or damage or dangerous situation that may result in escape or injury to a horse or person.15.13 Tenant acknowledges that Landlord has the right to enter any portion of the Leased Premises, includingpaddock or corral area for maintenance, repairs, mowing, spraying or other reasons. When possible, Landlord willgive Tenant advanced notice of need to enter Leased Premises.15.14 Tenant acknowledges that if Tenant’s horse has a tendency to ride the fence, Landlord may requireTenant to install hot wires or take other reasonable action to eliminate such actions.15.15 Tenant may not house horses on the Leased Premises that exhibit hostility or aggressive behavior. IfTenant observes or is made aware of hostile or aggressive behavior in any horses housed on the Leased Premiseson any of the adjacent premises, Tenant shall immediately report such behavior to Landlord.15.16 From time to time, Landlord may, but is not obligated to, secure access to certain areas for Tenant to rideor exercise horse. Tenant acknowledges that such areas may have inherent and or hidden dangers on suchpremises. Tenant releases Landlord and owner of such property from any and all liability, including, but notlimited to persons and horses that may arise and assumes all risks related to entering upon or into such areas orproperties.6

15.17 Tenant indemnifies Landlord from any and all liability that may arise from Tenant allowing guests,relatives or others to enter upon Leased Premises and other available areas to care for, ride or interact with horse(s)in any manner.15.18 No stallions shall be kept or housed upon Leased Premises at any time.16.Subordination: Tenant agrees to accept the premises subject to and subordinate to any existing or futuremortgage or other lien, and Landlord reserves the right to subject premises tosame. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose ofexecuting and delivering in the name of the Tenant any documents related to the Landlord's right to subject the premises to amortgage or other lien.17.Default; Remedies. The following events will be deemed to be events of default by the Tenant under thisAgreement: (a) failure to pay rent or other sums payable by the Tenant hereunder when such sums become due; (b) failure tocomply with any term of this Agreement to be observed by the Tenant; (c) abandonment of any portion of the Leased Premises;(d) the filing by or against the Tenant of any proceeding under the Bankruptcy Code or any similar law; (e) the adjudication of theTenant as bankrupt or insolvent in proceedings filed under the Bankruptcy Code or any similar law; (f) assignment of subleasewithout prior written authorization or (g) violation of any lawful rule, regulation or ordinance issued by a government entity or theLandlord. On the occurrence of any event of default, the Tenant, will have the opportunity, to the reasonable satisfaction of theLandlord, cure such default within ten (10) days after receipt of notice of default. Upon such cure, the Landlord and the Tenantwill be restored to their respective rights and obligations under this Agreement as if no other event of default had occurred. On thefailure of the Tenant to cure a default within the time provided, the Landlord will have the option to do any one or more of thefollowing without any further notice or demand, in addition to and not in limitation of any other remedy permitted by law or bythis Agreement.17.1.Termination. The Landlord may terminate this Agreement, in which event the Tenant will immediatelysurrender the Leased Premises to the Landlord, but if the Tenant fails to do so, the Landlord may, to the maximum extentpermitted by law, without notice and without prejudice to any other remedy the Landlord might have, enter and takepossession of the Leased Premises and remove the Tenant and the Tenant's property therefrom.17.2.Reletting. The Landlord may enter and take possession of the Leased Premises as the agent of the Tenantwithout terminating this Agreement and the Landlord may relet the Leased Premises as the agent of the Tenant andreceive the rent therefor, in which event the Tenant will pay to the Landlord, on demand, any deficiency that might ariseby reason of such reletting; provided, however the Landlord will have no duty to relet the Leased Premises and thefailure of the Landlord to relet the same will not release or affect the Tenant's liability for rent or for damages.17.3.Option to Perform. The Landlord may perform or cause to be performed the obligations of the Tenant underthis Agreement and may enter the Leased Premises to accomplish such purpose. The Tenant agrees to reimburse theLandlord on demand for any expense which the Landlord might incur in effecting compliance with the terms of thisAgreement on behalf of the Tenant.17.4.Acceleration. The Landlord may declare the entire amount of the rent to become payable during the remainderof the Lease Term to be due immediately, in which event the Tenant agrees to pay the same to the Landlord on demand.The acceleration and acceptance by the Landlord of the payment of such rent will not constitute a waiver of any defaultthen existing or thereafter occurring hereunder.17.5Forcible Entry and Detainer. If there is a noncompliance by the Tenant with this Agreement or any of theprovisions of Tenant’s Duties and Responsibilities in Section 7, which noncompliance causes or threatens to causeimminent and irremediable harm to the premises or to any person and which noncompliance is not remedied by Tenantas promptly as conditions require after Tenant has notice of it, Landlord may terminate this Lease by immediately filinga forcible entry and detainer action.7

The remedies and rights contained in and conveyed by this Agreement are cumulative, and are not exclusive of other rights,remedies and benefits allowed by law. No action by the Landlord during the Lease Term will be deemed an acceptance by theLandlord of an attempted surrender of the Leased Premises. No re-entry or taking possession of the Leased Premises by theLandlord will be construed as an election by the Landlord to terminate this Agreement, unless a written notice of termination issigned by the Landlord. Notwithstanding any such reletting, re-entry or taking possession, the Landlord may at any timethereafter elect to terminate this Agreement for a previous default. The acceptance by the Landlord or payment by the Tenant ofrent following the occurrence of an event of default will not be construed as the waiver of such event of default. No waiver of anyevent of default by the Landlord will be deemed to constitute a waiver of any other or future event of default hereunder.Forbearance by the Landlord to enforce any one or more of the remedies granted to the Landlord in this Agreement are cumulativeof every other right or remedy which the Landlord might otherwise have at law or in equity and the exercise of one or more rightsor remedies will not prejudice the concurrent or subsequent exercise of other rights or remedies. The Tenant agrees to pay thereasonable attorneys' fees and other expenses incurred by the Landlord in enforcing any of the provisions of this Agreement.18.Rights of Parties at Termination. Either Landlord or Tenant may terminate this lease at the expira

Tenant agrees that no representations as to the condition of the Leased Premises have been made and that no agreement has been made to redecorate, repair or improve the Leased Premises unless set forth in writing. Landlord will deliver the Leased Premises and all common areas in a habitable condition, pursuant to applicable State law.