The entire lease in a form that can be cut and pasted follows. There are no page breaks. You can put it into any word processing software you like. There you can select: Page length, Margins, Font and size, formating, paging, and tons of things. And: yes, the text can be changed! by you.
With just your browser by clicking on VIEW you can change the size of the text; and by changing the size of the window you can change the length of the lines.
I did this all with an Optical Character Recognizing (OCR) program. I was surprised how far the technology has advanced. Except for some "noise" caused by things penciled in I could find no errors. Suspected errors can be checked by comparing to the actual image pages.
I have not added or removed any words. Punctuation errors should be rare, but it would be easy for an optical program to confuse periods and commas.
On March 10, 2006 the 1999 lease was retyped by Carolyn Mostrom and Geraldine Parker. I used an IBM File Compare Program to find all word differences between the OCR and retyped versions. Then I checked each difference by looking at the scanned images (available on this web site) to determine which errors were made by the OCR program and which were human typos. Interestingly where the images were reasonably clear the OCR output had fewer errors, but where the pages were "muddy" human intelligence did better. I guess this is about what one would suspect. I have corrected the OCR errors in the following. Changes are in red.
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PROPRIETARY LEASE
OF MOUNTAIN VIEW RESORT COOPERATIVE, INC. Effective date: Lessor/CO-OP. Mountain View Resort Cooperative, Inc. an Arizona Non-Profit Corporation. Lessee/Member: RECITALS: A. Lessor is the owner of the land and the improvements known as Mountain View Resort Cooperative. B. The land is described with particularity in Exhibit "A", attached hereto, and incorporated herein by reference. C. Lessee is a member in Lessor, and this lease is appurtenant to such membership and is made only as an adjunct of ownership in the CO-OP. AGREEMENTS: SECTION 1: LEASE OF PREMISES: TERM
In consideration of the mutual covenants and subject to the terms and conditions set forth below, Lessor leases to Lessee and Lessee leases from Lessor, Space No. in the CO-OP, more particularly described on Exhibit "B" attached hereto. The term of this lease shall commence on the date of execution and shall expire on January 1, 2020. The lease shall automatically renew for 30 year terms thereafter.
SECTION 2: ASSESSMENTS (a) Lessee Liability. Lessee shall be liable for an amount by way of assessment determined by the Board of Directors of the CO-OP in the manner set forth in the Bylaws of the CO-OP. (b) Payment of Assessments. Assessments will be made against the space on the basis of the proportionate share of common expenses allocated to the space which, shall be one one hundred twenty-fifth (1/125th) of the overall annual budget of common expenses for each year. Although the amounts required to be funded by assessment will be determined on a yearly basis, the actual assessments for the space may be made monthly, quarterly, semi-annually or annually . Lessee shall also pay promptly when due such additional assessments as may be provided for herein. (c) Additional Assessments. The Board of Directors, with the approval of one-half of the members may make additional assessments for Budget or other expenditures deemed necessary by the Board of Directors. (d) Common Expenses. As used herein, "proportionate share of common expenses" means the proportionate share of taxes, water, sewer, utilities and other services not metered to the space occupied by Lessee, maintenance grounds, management, and other charges shared by all members or occupants utilized as common features. In every proprietary lease there has been, and will be specified the proportionate share of common expenses allocated to the space described in the lease. (e) Lessee Improvement Property Taxes. Lessee shall pay for property taxes apportioned to the CO-OP as a result of Lessee's improvement of the space. Lessee shall pay all personal property taxes on Lessee's personal property. SECTION 3: REPAIRS BY LESSOR Lessor shall, from the assessments described above, keep in good repair all of the common features outlined in Section 2, including the equipment and facilities thereon, as well as the sidewalks, courts, parking areas, swimming pools, and landscaped areas located on the premises, excepting only those portions the maintenance and repair of which are expressly stated to be the responsibility of Lessee in Section 14. SECTION 4: SERVICES BY CO-OP Lessor shall maintain and manage the CO-OP as a first class R.V. park and shall provide the number of attendants requisite, in the judgment of the directors, for the proper care and service of the CO-OP. Lessor shall provide the space with proper and sufficient supply of water and electricity as deemed appropriate by the Board of Directors. Covenants of Lessor contained herein are subject to the discretionary power of the directors to determine from time to time what services, attendants, and manner of maintaining and operating CO-OP are proper, and what existing services should be increased, reduced, or otherwise modified, or terminated. SECTION 5: DAMAGE TO PARK SPACES (a) Insured Losses. If the CO-OP or any part thereof, is damaged by fire or other cause covered by multi peril policies commonly carried by owners of mobile home and R.V. parks in Quartzsite, Arizona, Lessor shall, with due diligence after receipt of notice of such damage, carry out or cause to be carried out replacement and/or repairs as appropriate. Included within the scope of Lessor's obligation is replacement or repair of common area walls, floors, ceilings and other pipes, wiring and conduits in the CO-OP. Any other damage is to be repaired by Lessor or Lessee pursuant to Sections 3 and 4, as the case may be. However, anything in this Section or Section 3 to the contrary notwithstanding, Lessor shall not be required to repair or replace, or cause to be repaired or replaced, mobile homes, R.V.'s or trailers, equipment, fixtures, furniture, furnishings, or decorations installed by Lessee or any of Lessee's predecessors. (b) Abatement of Assessments. If damage resulting from fire or other cause is so extensive as to render the CO-OP partly or completely untenantable, or if the means of access thereto is destroyed, the then current assessment hereunder will proportionately abate until the CO-OP is again rendered wholly tenantable or the means of access is restored. However, if such damage is the result of the act or negligence of Lessee or one or more agents, employees, guests, or members of the family of Lessee or of any occupant of the space, the assessment will abate only to the extent of insurance collected, if any, by Lessor with respect to the CO-OP. (c) Determination Not to Repair. If the Board of Directors determine that (1) the CO-OP is totally destroyed by fire or other cause; (2) the CO-OP is so damaged that it will not be possible to repair it within a reasonable time after the loss has been adjusted with the insurance carriers; or (3) the destruction or damage was caused by hazards not covered by Lessor's insurance policies then in effect; and if in any such case members entitled to at least two-thirds of the then authorized votes of Lessor, at a members' meeting duly called for that purpose and held within thirty (30) days after the determination by the Board of Directors, vote not to repair, restore or rebuild, then on the giving of notice pursuant to Section 22 hereof, this lease and all other proprietary leases, and all right, title and interest of the parties thereunder and the tenancies thereby created, shall terminate. Assessments shall be payable to the date of such destruction or damage. SECTION 6: BOOKS OF ACCOUNT Lessor shall keep full and accurate books of account as its principal office or at such other place as the Board of Directors may from time to time determine, and such books shall be open to inspection by Lessee or Lessee's representative during all reasonable hours. Within a reasonable time after the end of each fiscal year Lessor shall deliver to Lessee an annual report of corporate financial affairs, including a balance sheet and a statement of income and expenses. SECTION 7: CHANGES IN TERMS AND CONDITIONS OF PROPRIETARY LEASES Each proprietary lease shall be in the form of this lease, unless a variation of any lease is authorized by members entitled to exercise at least two-thirds of the then authorized votes of Lessor, and is executed by Lessor and the Lessee affected. The form and provisions of all proprietary leases then in effect and thereafter to be executed may be changed by approval of members entitled to at least three-quarters of the then authorized members, and such changes will be binding on all Lessees even if they did not vote for such changes, except that the proportionate percentage share of common expenses payable by any Lessee may not be increased without his express consent. SECTION 8: QUIET ENJOYMENT On paying the assessments, performing the covenants, and complying with the conditions set forth herein, Lessee shall at all times during the term hereof quietly have, hold and enjoy the space without any suit, trouble, or hindrance from Lessor; subject, however, to the rights of present tenants or occupants of the CO-OP, and to any and all mortgages and encumbrances on the land, buildings or memberships of the CO-OP. SECTION 9: PAYMENT OF ASSESSMENTS Lessee will pay the assessments to Lessor on the terms and at the times herein provided, without any deduction on account of any set-off or claim that Lessee may have against Lessor. If Lessee shall fail to pay any installment of assessment promptly when due, Lessee shall pay interest or penalties to the maximum extent allowed by law and such interest or penalty shall be deemed an additional assessment hereunder. SECTION 10: USE OF PREMISES (a) Occupancy. Lessee shall not, without the written consent of Lessor on such conditions as Lessor may prescribe, occupy or use the space or permit the same or any part thereof to be occupied or used for any purpose other than as the private dwelling for Lessee. In no event shall more than two persons occupy the space without the written consent of Lessor. Notwithstanding the foregoing restrictions, the space may be occupied from time to time by guests of Lessee for a period not exceeding one month, or such longer period as may be approved in writing by Lessor; however, unless consented to in writing by Lessor, no guests may occupy the space unless one or more of the permitted adult residents are then in occupancy. (b) Restrictions. Lessee shall not permit any unreasonable noises or anything else that would interfere with the rights of, or unreasonably annoy, other Lessees, and Lessee shall not obstruct the streets of the CO-OP. (c) Regulations. Lessee shall not use the space in any way inconsistent with, or in violation of, any city, state, or federal statute, or regulation, concerning co-operatives or RV parks, or the rules and regulations of the space use plan of the CO-OP. SECTION 11: SUBLETTING (a) Consent to Sublet. Lessee shall not sublet the space without the consent of the Board of Directors which shall not be unreasonably withheld or the consent of members entitled to exercise at least a majority of the then authorized votes in Lessor, which consent shall not be unreasonably withheld. (b) Default. If Lessee at any time sublets the space and defaults in the payment of any assessment, Lessor may, at its option, so long as such default continues, demand and receive from the subtenant the assessment due or becoming due from such subtenant to Lessee, and apply such assessment to pay sums due and to become due from Lessee to Lessor. Any payment by a subtenant to Lessor shall constitute a discharge of the obligation of such subtenant to Lessee to the extent of the amount so paid. The acceptance of assessment from any subtenant shall not be deemed a consent to or approval of any subletting or assignment by Lessee, or a release or discharge of any of the obligations of Lessee hereunder. SECTION 12: ASSIGNMENT (a) Assignment of Lease. Lessee shall not assign this lease or transfer the membership to which it is appurtenant or any interest therein, until: 1. An instrument of assignment in form approved by Lessor, executed and acknowledged by the assignor, is delivered to Lessor; 2. An agreement in form approved by Lessor, executed and acknowledged by the assignee, assuming and agreeing to be bound by all the covenants and conditions of this lease as of the date of the assignment, is delivered to Lessor. 3. The membership in the CO-OP to which this lease is appurtenant has been transferred to assignee; 4. All sums due from Lessee have been paid to Lessor. 5. Consent to the assignment has been authorized by the Board of Directors (which shall not be unreasonably withheld), or by members entitled to exercise at least a majority of the then authorized votes in the CO-OP (which shall not be unreasonably withheld). (b) Death of Lessee. If Lessee shall die, consent shall not be unreasonably withheld to an assignment of the lease and membership to a financially responsible member of Lessee's family (other than Lessee's spouse as to whom no consent is required). (c) Liability after Assignment. On assignment of this lease in compliance with the terms hereof, Lessee-assignor shall have no further liability on any of the covenants hereof to be performed after the date of assignment. (d) Right of Refusal. All assignments of lease and transfer of membership are subject to the right of first refusal as set forth in the bylaws. SECTION 13: PLEDGE OF LEASE (a) Pledge of Lease Entitlement. A pledge of this lease shall not constitute a violation hereof. However, neither the pledgee nor any transferee of the pledged security shall be entitled (1) to exercise the voting rights to which Lessee is entitled, (2) to occupy the space or permit its occupancy by others, or (3) to assign this lease, without first obtaining the consent of Lessor in accordance with and after complying with all the provisions of Section 10, 11, or 12 as the case may be. The acceptance by Lessor of payments by the pledgee or any transferee of the pledged security on account of rent, assessments, or additional assessments shall not constitute a waiver of the aforesaid provisions. The provisions of this subsection shall be subject to subsection (b) below. (b) Security. Lessee may pledge and assign this lease as security for a loan made to Lessee by a bank, trust company, insurance company, or other recognized institutional lender. SECTION 14: REPAIRS OF LESSEE (a) Maintenance and Repair. Lessee shall keep the space in good repair, and shall be solely responsible for the maintenance, repair, and replacement of plumbing and electric fixtures and equipment. The term "space" shall not include water, sewer, electrical, or other pipes or conduits, that are part of the standard CO-OP equipment. Lessee shall be solely responsible for the maintenance, repair, and replacement of all lighting and electrical fixtures, appliances, and equipment, and all meters, fuse boxes or circuit breakers, and the electrical wiring and conduits from the junction box at the riser into and through Lessee's space. (b) Danger or Damage Caused by Lessee. If, in Lessor's judgment, any of Lessee's equipment or appliances result in or present a substantial danger of damage to the CO-OP or poor quality or interruption of service to other portions of the CO-OP, or overloading of, or damage of facilities maintained by Lessor for supplying water or electricity to the CO-OP, Lessee shall, promptly on notice from Lessor, remedy the condition, and pending such remedy, shall cease using any appliance or equipment creating the objectionable condition or danger thereof. (c) Compliance by Lessee. Lessee shall comply with all requirements of the National Board of Fire Underwriters, insurance authorities, and all governmental authorities, and with all laws, ordinances, rules and regulations with respect to the occupancy or use of the CO-OP. If any mortgage affecting the land or the building contains any provisions pertaining to the right of Lessee to make changes or alterations in the CO-OP, or to remove any fixtures, appliances, equipment, or installations, Lessor will furnish to Lessee copies of applicable provisions of each and every such mortgage. SECTION 15: LESSOR'S REMEDY ON DEFAULT If Lessee fails for seven (7) days after notice to make repairs to the space or its fixtures or equipment, as required herein, or fails to remedy any condition that has become objectionable to Lessor for any of the reasons set forth above, or if Lessee or any person dwelling in the CO-OP requests Lessor or its agents or employees to perform any act not herein required to be performed by Lessor, Lessor may make or cause to be made such repairs, and may remove such objectionable condition, without incurring any liability therefor. If, in the judgment of Lessor, the condition requires prompt action, notice of less than seven (7) days may be given, and if, in the sole judgment of Lessor, an emergency exists, no notice need be given. In all actions taken or caused to be taken by Lessor hereunder, Lessor and its agents, employees, and contractors shall, as between Lessor and Lessee be conclusively deemed to be acting as agents of Lessee, and all contracts entered into by Lessor pursuant to this section shall be so construed or not made in the name of Lessee. If Lessee fails to perform or comply with any of the other covenants or provisions of this lease within such time, not less than seven (7) days, as may be required by a notice from Lessor, then Lessor may, but need not, comply therewith, and for such purpose may enter the space. Lessor shall be entitled to recover from Lessee all expenses incurred or for which it has contracted hereunder, and such expenses shall be payable by Lessee on demand as an additional assessment. SECTION 16: INCREASE IN RATE OF FIRE INSURANCE Lessee shall not permit anything to be done or kept in the CO-OP that would increase the rate of fire insurance on the CO-OP or the contents thereof. If, by reason of the occupancy or use of the space by Lessee, the rate of fire insurance on the buildings or any space therein or the contents of either is increased, Lessee shall, if such objectionable occupancy or use continues for more than ten (10) days after written notice thereof is given by Lessor, become liable for the additional insurance premiums incurred by Lessor or any Lessee or Lessees of spaces in the CO-OP on all policies so affected, and Lessor shall have the right to collect the same for its benefit or the benefit of any such Lessee or Lessees as an additional assessment for the space, due on the first day of the calendar month following written demand therefor by Lessor. SECTION 17: ALTERATIONS (a) Alterations by Lessee. Lessee shall not, without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, make in the space or CO-OP any alteration, enclosure, or addition, or any alteration of or addition to the water, electrical conduits, wiring or outlets, plumbing fixtures, or any other installation or facility in the space or CO-OP. Lessee shall not in any case install any appliance that would overload the existing wiring or equipment in the CO-OP. Lessee shall not install any improvements on the space over utility or other service lines. (b) Removal of Fixtures or Improvements. Lessee shall not, without Lessor's written consent, remove any fixtures or improvements from the CO-OP except as hereinafter provided. If Lessee seeks to remove items installed by Lessee or a prior Lessee, which can be removed without structural alterations or permanent damage to the space, then Lessee shall have the right to remove the same at Lessee's own expense if certain conditions are satisfied. The conditions are that (1) at the time of such removal Lessee is not in default in the payment of assessments, or in the performance of any other conditions of this lease; (2) prior to the termination of this lease, Lessee repairs at his own expense, all damage to the space caused either by the installation or removal of any items; (3) in the event Lessee has removed from the space any articles or materials owned by Lessor, Lessee either restores or replaces such articles or materials in a manner satisfactory to Lessor; and (4) in the event any mortgagee has acquired a lien on any such property prior to the execution of this lease, Lessee first procures from such mortgagee its written consent to such removal. (c) Surrender of Space. On the termination of this lease, Lessee shall surrender to Lessor possession of the space with all improvements and fixtures then included therein, except as herein above provided. Any improvements or fixtures not removed by Lessee on or before such expiration or termination shall, at the option of Lessor, be deemed abandoned, and shall become the property of Lessor. SECTION 18: RIGHT OF ENTRY Lessor, its agents, and their authorized workmen shall be permitted to visit, examine, or enter the space and any storage space assigned to Lessee, at any reasonable hour of the day on notice, or at any time and without notice in case of emergency, to make or facilitate repairs in any part of the CO-OP, or to cure any default by Lessee. SECTION 19: REIMBURSEMENT OF LESSOR'S EXPENSES If Lessee is at any time in default hereunder, and Lessor incurs any expenses (whether actually paid or not) in performing acts that Lessee is required to perform, or in instituting any action or proceeding based on such default, or in defending or asserting a counterclaim in any action or proceeding brought by Lessee, the expense thereof to Lessor, including reasonable attorney's fees and disbursements, shall be paid by Lessee to Lessor, or demand, as an additional assessment. SECTION 20: LESSOR'S LIEN FOR UNPAID ASSESSMENTS Lessor has and may enforce a lien on the space and Lessee's membership for any unpaid assessments, and interest thereon at the maximum rate allowed by law. Such lien also secures payment by Lessee of reasonable attorney's fees incurred by Lessor in collecting overdue assessments or in enforcing the lien. In any action by Lessor to enforce such lien, Lessee shall have the right to interpose any defenses, legal or equitable, that Lessee may have against Lessor under this lease. SECTION 21: TERMINATION OF LEASE BY LESSOR On, or at any time after the happening of any one of the events mentioned in subsections (a) to (h) of this section, Lessor may give notice to Lessee that the term of this lease will expire on a date not less than thirty (30) days after the date of such notice, and the term of this lease shall expire on the date so fixed. All right, title, and interest of Lessee hereunder shall thereupon wholly cease, and Lessee shall thereupon quit and surrender the space to Lessor, it being the intention of the parties to create hereby a conditional limitation. Thereupon, Lessor shall have the right to reenter the space and to remove all persons and personal property therefrom and to repossess the space. (a) Lessee Becomes Bankrupt. This lease may be terminated if at any time during the term hereof (1) the then holder hereof is adjudicated a bankrupt under the laws of the United States; (2) a receiver of all the property of such holder or of this lease is appointed under any provision of the laws of any state, or of the United States, and the order appointed such receiver is not vacated within thirty (30) days; (3) such holder makes a general assignment for the benefit of creditors, or (4) this lease or the membership In Lessor to which it is appurtenant passes by operation of law or otherwise to anyone other than Lessee or a person to whom Lessee has assigned this lease in the manner herein permitted; provided that this subparagraph (4) shall not be applicable if this lease devolves on the executors or administrators of Lessee and within six (6) months (which period may be extended by the directors) after the death of Lessee, this lease and the membership to which it is appurtenant are transferred to any assignee in accordance with Section 12 hereof. (b) Unauthorized Assignment, Sublease, or Occupancy. If this lease assigned, or if there is any subletting hereunder without full compliance with the requirements of Sections 11 hereof, or if any person not authorized by Section 10 is permitted to use or occupy the unit, and Lessee fails to cause such unauthorized person to vacate the unit within ten (10) days after written notice from Lessor, this lease may be terminated. (c) Default in Payment of Assessment. If Lessee remains in default for a period of ten (10) days in the payment of any installment of quarterly assessment, or of any additional assessment, and fails to cure such default within fifteen (15) days after written notice from Lessor, this lease may be terminated. (d) Default in Performance of Covenants. If Lessee is in default in the performance of any covenant or provision hereof, other than the covenant to pay assessments, and such default continues for ten (10) days after written thereof from Lessor, this lease may be terminated. (e) Objectionable Conduct. If at any time Lessor determines, by an affirmative vote of two-thirds of its then board of directors at a meeting duly called for that purpose that because of objectionable conduct on the part of Lessee or of any person dwelling or visiting in the space, repeated after written notice from Lessor, the continued tenancy of Lessee is undesirable, this lease may be terminated. (f) Termination of A Proprietary Leases. If at any time Lessor determines, on the affirmative vote of two-thirds of its then Board of Directors at a Board of Directors' meeting duly called for that purpose, and the affirmative vote of members entitled to exercise at least three-quarters of the then authorized votes in Lessor, at a members' meeting duly called for that purpose, to terminate all proprietary leases, this lease may be terminated. (g) Destruction of CO-OP. If the CO-OP is destroyed or damaged and the members decide not to repair or rebuild as provided in Section 5 hereof, this lease may be terminated. (h) Condemnation. If at any time the CO-OP or a substantial portion thereof is taken by condemnation proceedings, this lease may be terminated. SECTION 22: RIGHT AND DUTIES ON TERMINATION (a) Lessee's Liability on Expiration If Lessor resumes possession of the space by any legal means available to it, on expiration of the term pursuant to a notice given as provided in Section 22 hereof on the happening of any event specified in Subsections (a) to (e) inclusive of that section, Lessee shall continue to remain liable for payment of a sum equal to the assessments that would have become due hereunder, and shall pay the same in installments at the time it would be due hereunder, until the time specified in subsection (c) of this section. Suit brought to recover any installment of such assessments shall not prejudice the right of Lessor to recover any subsequent installment. After resuming possession, Lessor may, at its option, from time to time (1) relet the space for its own account, or (2) relet the space as agent of Lessee, in the name of Lessee or Lessor. The fact that Lessor may have relet the space as agent for Lessee shall not prevent Lessor from thereafter notifying Lessee that it proposes to relet the space for its own account. If Lessor relets the space as agent for Lessee, it shall, after reimbursing itself for its expenses in connection therewith, apply the remaining proceeds of such reletting, if any, against Lessee's continuing obligation hereunder. (b) Surrender of Lease and Certificate. On termination of this lease under the provisions of subsection (a) to (e) inclusive of Section 22 hereof, Lessee will surrender to Lessor the proprietary lease and the certificate representing the membership to which the lease is appurtenant. Whether or not the lease and certificate are surrendered, however, Lessor may issue a new proprietary lease for the space and a new membership certificate when a purchaser therefor is obtained, provided that the issuance of such lease and certificate to the purchaser is authorized by resolution of the Board of Directors, or by a writing signed by a majority of the Board of Directors, or by members entitled to exercise at least a majority of the then authorized votes in Lessor. On such issuance, the lease and certificate held by Lessee shall be automatically canceled and rendered null and void. Lessor shall apply the proceeds received for the issuance of the new lease toward the payment of Lessee's indebtedness hereunder, including interest, attorney's fees, and other expenses incurred by Lessor. If the proceeds are sufficient to pay the same, Lessor will pay over any surplus to Lessee, if the proceeds are insufficient, Lessee shall remain liable for the balance of the indebtedness. Lessor shall not, however, be obligated to sell such share and appurtenant lease or otherwise make any attempt to mitigate damages. (c) Final Accounting. There shall be a final accounting between Lessor and Lessee on the earliest of the four following dates: (1) the date of expiration of the term of this lease as stated in Section 1 hereof, (2) the date as of which a new proprietary lease covering the space becomes effective; (3) the date Lessor gives written notice to Lessee that it has relet the space for its own account; or (4) the date on which all proprietary leases of Lessor terminate. From and after the date on which Lessor becomes obligated to account to Lessee as above provided, Lessor shall have no further duty to account to Lessee for any proceeds of reletting, and Lessee shall have no further liability for sums thereafter accruing hereunder, but such termination of Lessee's liability shall not affect any liabilities theretofore accrued. SECTION 23: APPLICABILITY OF COVENANTS As used herein the term "Lessor" shall include the successors and assigns of Lessor. As used herein, the terms "Lessee" and "members of Lessor" shall include the executors, administrators, legal representatives, legatees, distributees, and assignees of Lessee and such members. The covenants herein contained shall apply to, bind, and inure to the benefit of Lessor, Lessee, and members of Lessor, except as herein above specifically provided. SECTION 24: LESSOR'S ADDITIONAL REMEDIES In the event of a breach or threatened breach by Lessee of any provision hereof, Lessor shall have the right of injunction, and the right to invoke any remedy at law or in equity as if reentry and other remedies were not herein provided. The election of one or more remedies shall not preclude Lessor from any other remedy. SECTION 25: WAIVERS Failure of Lessor to insist, in any one or more instances, on strict performance of any of the provisions of this lease, or to exercise any right or option herein contained, or to serve any notice, or to institute any action or proceeding, shall not be construed as a waiver or a relinquishment for the future of any such provisions, options, or rights. Receipts by Lessor of rent and assessments, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by Lessor of any provision hereof shall be deemed to have been made unless in writing expressly approved by the directors. SECTION 26: NOTICES Any notice by or demand from either party to the other required or permitted to be given hereunder shall be deemed duly given only if in writing and sent by registered mail or delivered in person. A notice by Lessee shall be addressed to Lessor at Lessor's below given address, with a copy sent by regular mail to Lessor's managing agent; a notice to Lessee shall be addressed to Lessee's below given address. Either party may, by notice served in accordance herewith, designate a different address for service of such notice of demand. Notices or demands shall be deemed given on the date mailed. SECTION 27: LESSEE MORE THAN ONE PERSON If more than one person is named as Lessee herein, Lessor may require the signatures of such persons in connection with any notice to be given or action to be taken by Lessee hereunder, including without limitation, the surrender or assignment of this lease, or any request for consent to assignment or sublease. Each person named as Lessee shall be jointly and severally liable for all of Lessee's obligations hereunder. Any notice by Lessor to any person named as Lessee shall be sufficient, and shall have the same force and effect as though given to all persons named as Lessee. SECTION 28: PARTIAL INVALIDITY; EFFECT If any clause or provision of this lease is adjudged invalid, such adjudication shall not affect the validity of any other clause or provision, or constitute a cause of action in favor of either party against the other. SECTION 29: HEADINGS Headings preceding sections and subsections of this lease are not to be considered a part of this lease, and are in no way intended to limit or fully describe the contents of the sections or subsections they precede. SECTION 30: TAXES Taxes on any recreational vehicle or other personal property placed on this space will be paid by Lessee. In addition, Lessee shall pay any real property tax increase to the CO-OP as a result of improvements to Lessee's space. SECTION 31: ORAL MODIFICATIONS The provisions of this lease may not be changed orally. SECTION 32: AGE RESTRICTIONS (a) Policy. It is the policy of Mountain View Resort Cooperative, Inc., and the members, to utilize the property to provide housing opportunities for older persons in conformance with applicable requirements of governmental authorities including, but not limited to; any applicable provisions of the Federal Housing Amendments Act of 1988 and Arizona Revised States 41-1491.04 Housing for Elderly Exempted; definition; and any regulations promulgated thereunder to accomplish that end, this Amendment shall be made part of the record and will be made available to all members of the public from time to time. (b) Age 45 Restriction. No person less than 45 years of age shall occupy any space. (c) Occupancy by Adults. Occupancy of any space (i) by one individual who is under the age of 55 or (ii) by a group of individuals which does not contain at least one member who is 55 or older is prohibited. (d) Interpretation. These provisions shall be construed broadly and in keeping with the purposes of complying with any applicable requirements of governmental authorities specifically including, but not limited to, the Fair Housing Amendments Act of 1988 and Arizona Revised Statutes 41-1491.04. (e) Policies and Procedures. Policies and Procedures shall be adopted, published, and adhered to that demonstrate an intent to provide housing for persons 55-years of age or older. |
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