Hawk Estates at West Hawk Lake
RENTAL AGREEMENT Rules and Regulations
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This Rental Agreement Rules and Regulations (hereafter referred to as "Rental Agreement") is between Hawk Investments Ltd. o/a Crescent Beach Cottages (hereinafter referred to as "Hawk Estates"), as Manager and Lessor of the site lots, and each Lessee, as described herein, (hereinafter referred to as "Lessee") who has rented a site lot in an area to be known as "Hawk Estates".
The provisions contained in this Rental Agreement are an integral part of the Lease Agreement that will be entered into by the Lessee of a site lot located in Hawk Estates on which the Lessee intends to build a Vacation Home and other permitted structures. Both this Rental Agreement and the Lease Agreement make up the governing terms of the tenancy of the residents in Hawk Estates at West Hawk Lake, a vacationing area.
Hawk Estates at West Hawk Lake is a community of beautiful vacation property within a Provincial Park. The standards of Hawk Estates as set forth in these rules and regulations are to ensure a sense of community, cleanliness and order, as well as consistently enhancing architecture and respect for the environment. All this will ensure an excellent experience, quality of life and an appreciation of lake life values.
The purpose of the rules and regulations is to maintain a high standard of Vacation Home living in the West Hawk Lake community.
The Lessee shall ensure that all members of the household are familiar with and comply with the rules and regulations contained in this Rental Agreement.
Amendments and additions to the within rules and regulations made from time to time shall be published in such manner and in such form as Hawk Estates determines appropriate.
THIS RENTAL AGREEMENT IS MADE BETWEEN:
Hawk Investments Ltd. o/a Crescent Beach Cottages (hereinafter referred to as "Lessor" or "Hawk Estates")
__________________________________________________
Mailing address
and:
__________________________________________________(hereinafter referred to as "Lessee")
Name(s) of Lessee
__________________________________________________
Mailing Address (Unit or Suite No., Number & Street ,City/Town/Village, Province/State/Country, Postal/Zip Code)
__________________________________________________
__________________________________________________
Phone Numbers (Home, Office, Cellular and Fax)
__________________________________________________
E-mail Address
IF LESSEE IS A CORPORATION:
THIS RENTAL AGREEMENT IS MADE BETWEEN:
Hawk Investments Ltd. o/a Crescent Beach Cottages (hereinafter referred to as "Lessor" or "Hawk Estates")
__________________________________________________
Mailing address
and:
_________________________________________________________(hereinafter referred to as Lessee)
DESIGNATED CONTACT PERSON:
__________________________________________________________
__________________________________________________
Mailing Address (Unit or Suite No., Number& Street , City/Town/Village, Province/State/Country, Postal/Zip Code)
__________________________________________________
__________________________________________________
Phone Numbers (Home, Office, Cellular and Fax)
__________________________________________________
E-mail Address
Site Lot Description
The Lessor hereby agrees to lease to the Lessee on the terms set forth herein that certain parcel of land described as follows:
__________________________________________________________
Site Number
__________________________________________________________
Street Address
A. RENTAL AGREEMENT
1. Where Hawk Estates approves an Application to rent a site lot, this Rental Agreement and corresponding Lease agreement (the "Lease") must be signed by the Applicant, the "Lessee" herein. The Rental Agreement includes all terms contained in these rules and regulations.
2. The Lessee acknowledges the following advice from Hawk Estates and agrees that:
(a) the Lessee shall comply with any and all requirements of The Government of Manitoba ("Manitoba") imposed by law respecting development of the land;
(b) private sewage disposal systems, where permitted, shall meet environmental regulations;
(c) all new structures to be built, or existing structures when being modified, shall comply with the Manitoba Building Code and any other applicable law;
(d) at all times, solid wastes will be disposed of at an approved waste disposal ground;
(e) Manitoba shall at no time, now or in the future, be obliged either to assume responsibility for maintenance of the long term rental private land subdivision and resort redevelopment (the "Development") of which the Lessee herein, by virtue of executing this Rental Agreement and corresponding Lease agreement, intends to be a part, or to provide any services to the Development;
(f) in the event of a dispute between Hawk Estates and the Lessee, the dispute must be resolved between those parties and shall not involve Manitoba or the Crown;
(g) all Lessee complaints about the Development shall be directed to Hawk Estates, not Manitoba, and shall be up to Hawk Estates to resolve; and
(h) Hawk Estates shall purchase and maintain all risks property insurance providing coverage on a full replacement cost basis for property owned, managed or controlled by Hawk Estates, which is not the responsibility of the Lessee to insure under the Lease agreement.
3. Full payment of the land rental fee and the annual service fee is required at the time of signing this Rental Agreement and the Lease. In the event that a Lessee has a change of plans, there shall not be a refund of any deposit paid except in exceptional circumstances and in the sole discretion of Hawk Estates.
4. Site lots are rented to specific persons, namely the person or persons signing this Rental Agreement. This Rental Agreement is not transferable without the written consent of Hawk Estates, provided that upon an approved assignment and transfer of a Lease by a Lessee, this Rental Agreement shall also be assigned to the assignee of the Lease.
5. Within three months of the date of signing of this Rental Agreement, the Lessee shall enter into an agreement with Hawk Estates to construct a Vacation Home according to plans agreed to between Hawk Estates and the Lessee.
6. No Vacation Home may be taken possession of until a Rental Agreement and Lease is signed and the land rental fee and annual service fee is paid.
7. If the Vacation Home and site lot is owned by a Corporation, there must be one person designated as the contact and the designated person must be identified on this Rental Agreement. The names of all guests of the Corporation intending to occupy the site lot must be provided in writing to Hawk Estates before such occupation takes place.
8. No commercial business shall be conducted from any site lot.
9. The term of the first lease of the site lot will be 99 years.
B. PAYMENT OF RENT
1. Payment of the annual service fee is due and payable on April 1st of each year, except in the case of the first year of the Lease where the Lease has not been in effect for a full twelve months, in which case the annual service fee shall be reduced on a proration basis. Payment of such fee can be made by cheque or cash. All cheques should be clearly marked with site lot number and Lessee's name. Cheques should be made payable to "Hawk Estates".
2. Payment in full of the annual service fee that is not received by the close of business on April 1st in each year will be considered late resulting in a late payment charge of ten (10 %) per cent on the unpaid balance owing, together with interest thereon at a rate of two (2%) per cent above the prime rate as established by Credit Union Central of Manitoba from time to time, compounded monthly. Failure to pay after sixty (60) days will result in termination of the Lease pursuant to the terms thereof. There will be no exceptions.
3. A returned cheque charge of thirty ($30.00) dollars will apply to all returned or "NSF" or dishonored cheques. Any cheque issued in payment of any account owed to the Lessor pursuant to the terms of the Lease or this Rental Agreement returned marked "NSF" or dishonored upon presentment for payment will be treated as late payment of rent and, in addition to any remedies available to the Lessor, may result in termination of the Lease pursuant to the terms thereof.
4. The Lessor reserves the right to increase the annual service fee payable under the Lease in accordance with the terms of paragraph 3 (4) of the Lease.
5. The annual service fee for 201__-201__ will be $2,500.00 plus GST.
C. SERVICES PROVIDED BY THE LESSOR
1. The Lessor will provide to the best of its abilities and in a timely fashion the following specific services as set out in the lease 3(4) (b)
a. Seasonal grass cutting of the Road sides and entrance to Hawk Estates;
b. Road maintenance as needed throughout the season;
c. Snow clearing of all main roads in Hawk Estates, not including personal driveways;
d. All main sewer and water lines up to the property line on each lot, and the Lessee will be responsible for water and sewer lines from the lot line to the cottage; and
e. Enforcement of all lease and rules and regulations on Hawk Estates
2. The Lessor shall not be responsible for any interruption in the supply or provision of any services to the Lessee's site lot by the Town of West Hawk, any Department of the Government of Manitoba, including without restriction, Manitoba Conservation, or any other services provider.
3. Building and Infrastructure Replacement Fund
The Lessee agrees to pay to the Lessor in each year, in addition to the annual service fee, the sum of $100 which sum shall be deposited in a separate, interest bearing account, called the "Building and Infrastructure Replacement Fund" (the "Fund") and the Lessor agrees to maintain such Fund and, from time to time, as necessary, to draw such monies as are required from the Fund for the purpose of paying any capital expenses for the replacement of any part or all of the infrastructure servicing the site lots.
D. SITE PLANS
1. The Lessee must use and maintain the state of their site lot according to the plan provided by Hawk Estates and must maintain the grass area, tree area, parking area as sketched on the plan unless written permission is given by Hawk Estates for any changes. No other uses for the site lot will be allowed.
2. Any additional structure, including, without restriction, any signage, must be approved by Hawk Estates. Failure to abide by this restriction will result in removal of such unauthorized structure or signage at the expense of the Lessee.
E. VEHICLES, TRAVEL TRAILERS, SNOWMOBILES, BOATS, ETC.
1. Maximum vehicle speed in Hawk Estates is ten (10) kilometers per hour. Lessee is responsible for ensuring their guests observe the speed limit.
2. Parking spaces are as shown on the site plan. Guests must park in guest spots or designated guest areas. No parking is allowed on side yards or front yards. Parking of any vehicle on any road other than on a site lot must be pre-approved in writing by Hawk Estates.
3. Vehicles in a state of disrepair, unsightly or unlicensed are not allowed in Hawk Estates. Hawk Estates reserves the sole right to decide what constitutes an unsightly vehicle. Vehicles not removed on seven (7) days written notice may be removed by Hawk Estates and all costs thereof shall be charged to the owner of the vehicle.
4. Except for repairs that would be classed as roadside emergencies, no repairing or overhauling of motor vehicles will be permitted on any site lot or anywhere else in Hawk Estates.
5. Operation of snowmobiles within Hawk Estates is restricted to the roadways.
6. Travel trailers, recreational vehicles, commercial trailers, or any other pull-type trailers or vehicles are NOT PERMITTED in Hawk Estates without the written permission of Hawk Estates.
7. Operation of mini bikes, golf cars or all-terrain vehicles on Hawk Estates is at the discretion of Hawk Estates.
8. Storage of boats, snowmobiles, skidoos and trailers must be pre-approved in writing by Hawk Estates.
9. ANY OF THE ABOVE DESCRIBED VEHICLES THAT ARE NOT PERMITTED TO BE ON HAWK ESTATES PROPERTY OR THAT DO NOT HAVE WRITTEN APPROVAL FOR THEIR PRESENCE IN HAWK ESTATES ARE IN BREACH OF THE RULES AND REGULATIONS HEREIN REGARDING PARKING, STORAGE OR OPERATION AND WILL BE REMOVED FROM HAWK ESTATES AT THE EXPENSE OF THE OWNER THEREOF.
F. DOCK SLIP
1. While West Hawk Marine, or a company owned or controlled by West Hawk Marine, (collectively herein called "WHM") is the operator of the marina at the West Hawk Lake main beach, a dock slip to accommodate one boat no greater in length than 22 feet will be made available by Hawk Estates to the Lessee upon payment by the Lessee of the then current marina dock slip rates and subject to compliance by the Lessee with all rules and regulations imposed by WHM regarding use of such dock slip.
2. Any Lessee wishing to secure a dock slip must notify Hawk Estates by September 20 in each year for the following year.
G. WATER AND SEWER
1. The Lessee shall repair immediately upon discovery any dripping taps, running or leaking toilets in any structures on their site lot.
2. The Lessee shall not leave water running in their line or lines on their site lot to attempt to prevent water line freeze up.
3. Should heat tapes be installed on water or sewer lines on the site lot by Hawk Estates Lessee shall place them in continual operation between the end of September and mid-April of the following year.
4. The Lessee shall not flush or send down the toilet or sink drain materials, such as sanitary napkins, diapers, dishcloths, j-cloths, kitty litter, or any other item that would likely cause a sewer line to be plugged. If such event occurs and the Lessee or their family or guests are responsible for such event, the cost of repair will be charged to the Lessee found responsible or, failing determination of responsibility, added to the common area costs charged to all Lessees.
5. The Lessee shall notify Hawk Estates immediately in the event of a sewer or water problem on their site lot as well as any incidences of water running or unusual ground water, no matter where it occurs on Hawk Estates.
6. The Lessee shall repair, or be responsible for the costs of such repair, any damage caused to any part of the sewer and water infrastructure that results from improper use of the sewer or water systems by Lessee, their family or their guests.
7. The Lessee shall immediately repair their septic system or waterline if they are leaking. If such repairs are not completed immediately, Hawk Estates will retain a repair service and charge the responsible Lessee the total expense.
H. HYDRO AND TELEPHONE
1. The Lessee's hydro service will be connected by a licensed electrician. The licensed electrician will arrange for the necessary permit and inspection from Manitoba Hydro.
2. The Lessee is responsible from the meter to their Vacation Home for both Hydro's equipment and the supply of electricity. Hawk Estates accepts no responsibility for either the Hydro equipment or any service provided by Manitoba Hydro from the meter to the Vacation Home.
3. Cables for hydro and telephone must be in the ground at least 18 inches from the service pole to the edge of the Vacation Home, or encased in metal conduit or concrete if required depth cannot be achieved.
I. C/B, TELEVISION & HAM RADIO ANTENNAS
1. Towers or masts for CB radios, if required, will only be permitted on the written approval of Hawk Estates, which approval must be obtained prior to any tower, mast or satellite dish installation anywhere on the site lot.
J. GARDEN SHEDS, GARAGES AND TARPS
1. Up to a one storey two-car garage will be permitted on each site lot, but subject to Hawk Estates' prior written approval of the construction, design and location on the site lot.
2. One garden shed is also permitted on each site lot, but shall not be larger than 10 feet by 10 feet, but subject to Hawk Estates prior written approval of the construction, design and location on the site lot.
3. Any structures permitted on a site lot, including the Vacation Home itself, must be maintained in good condition and all such structures must have the same siding, design, appearance and colour as the Vacation Home.
4. Tarps or tents are NOT ALLOWED anywhere on a site lot except with the prior written consent of Hawk Estates.
K. FIREPLACES, FIREPITS AND WOOD STORAGE
1. Indoor - fireplaces will be permitted, but only ones that use propane, pellet, wood or electric fuel for heat sources. In the case of a wood burning fireplace, the fireplace and chimney must comply with all building codes or regulations and insurance standards. Proof of compliance with building codes and regulations, along with an insurance certificate issued by the insurer confirming coverage, must be provided to Hawk Estates upon notice.
2. Outdoor – wood burning fire pits will be permitted, but must be enclosed.
3. All wood supply stored outdoors must be stored in a wood shelter that shall not be larger than 10 feet by 10 feet and is approved for construction by Hawk Estates as to location on the site lot having regard to any fire regulations respecting distances from any building on the site lot.
L. RESPONSIBILITY AND LIABILITY FOR FIRES ON A SITE LOT
1. The Lessee is responsible for any fire originating on their site lot and is liable for any damage that such fire causes.
2. The Lessee must keep their site lot free of brush and other debris that may constitute a fire hazard.
M. FLAMMABLE MATERIALS
1. The Lessee is responsible for the proper storage of all flammable materials safely on their site lot in accordance with any directions by Hawk Estates and in compliance with all rules and regulations in force pursuant to any environmental, fire protection, forestry or any other applicable legislation.
N. ANNUAL LIGHTING
1. In order to give Hawk Estates a Christmas-like atmosphere, every Lessee planning on occupying their site lot during the Christmas Holiday season, who celebrates Christmas, will be encouraged to install by November 15, annually, ornamental lighting on their site lot whether it be on their cottage, shed, trees, or other structures. Any other Lessee is also encouraged to decorate their site lot at this time.
O. FENCES
1. Fences are not allowed in Hawk Estates.
2. Dog runs and kennels may be permitted upon the written approval of Hawk Estates.
P. MAINTENANCE OF STRUCTURES
1. The Lessee shall keep all structures on the site lot in a well-maintained condition, including good repair and painted and, in the case of a structure with log siding, such siding should be stained every five years depending on wear.
2. The Lessee shall remove, as soon as practical, any stains from exterior walls of a structure on the site lot.
3. Plastic or polyethylene sheeting over the outside windows or doors of any structure on the site lot is NOT PERMITTED.
4. The Lessee shall repair as required or upon notice by Hawk Estates where such Lessee's premises, including land and structures, thereon, have deteriorated below Hawk Estates standards as set forth herein or as subsequently published to all Lessees.
5. Where notice to repair has been given to a Lessee, the Lessee must complete the repair within thirty (30) days of the receipt of such notice or within such further period as Hawk Estates may, in writing, provide.
Q. PORCHES, DECKS & STEPS
1. The Lessee shall ensure that all porches and decks are painted or stained within thirty (30) days of installation.
2. All decks must be pre-approved by Hawk Estates before installation.
3. Where any attachment to any structure on a site lot does not meet minimum standards, Hawk Estates will direct that it be upgraded, removed or replaced at the expense of the Lessee.
R. CARE OF LOTS
1. The Lessee shall maintain their site lot in a clean, neat, litter-free condition, including, during the summer months, maintaining lawns in a weed-free, trimmed condition.
2. Lawns not kept neat and in a weed-free, trimmed condition will be ordered cut, weeded or treated for weeds and trimmed with the expense being borne by the Lessee. The Lessee must make arrangements for care of their site lot during any period of absence.
3. The Lessee shall ensure that any garden hose is not left under pressure with source tap open while they are away from their Vacation Home for any period in excess of one day and shall install adequate lawn-watering service shut-off valves.
4. Tires or any other unsightly material shall not be left on a site lot.
5. Pulley style clotheslines are not permitted. Only a commercial umbrella type clothesline placed on the rear portion of a site lot is allowed. Such clothesline shall not be placed in such a manner as to interfere with a neighbour's view of the lake. A clothesline must be maintained in good repair and not allowed to tilt.
6. Placing bales of straw or hay around the vacation home for insulation is prohibited.
S. TREE PLANTING
1. In order to ensure quality of life and to maintain the esthetics and property values in the community, the Lessee must replace, either on their site lot or elsewhere on Hawk Estates, an equal number of trees that they have removed for construction of any structure on their site lot provided that, prior to the replacement of any tree, written approval by Hawk Estates is obtained by the Lessee.
2. In addition, subject to prior written approval by Hawk Estates, the Lessee is encouraged to plant two additional trees per year on their property or elsewhere on Hawk Estates.
3. Notwithstanding items 1 and 2 herein, other trees and shrubs may be planted with the prior written approval of Hawk Estates. The Lessee desiring to plant such trees and shrubs is requested to provide Hawk Estates with details as to type and the location of such vegetation on the site lot. When planted, trees and shrubs become the property of Hawk Estates and cannot be removed.
4. The Lessee shall not cut down or otherwise destroy any tree or shrub without the prior written permission of Hawk Estates and, in any event, no tree or shrub cutting will be permitted between April 15th and July 1st in any year due to provincial park guidelines for nesting birds.
T. COTTAGE INSURANCE
1. In addition to any insurance coverage required by the Lessee, the Lessee shall carry such further insurance coverage as is required in these rules and regulations.
2. The Lessee shall carry a minimum of Two Million ($2,000,000.00) Dollars liability insurance on their premises as required in paragraph 7 (3) of the Lease.
U. SITE LOT BUFFERS
1. Buffers between site lots shall consist of natural trees and shrubs planted and maintained along the full length of the site lot.
2. The Lessee shall keep trees and vegetation on their site lot to prevent erosion and to ensure slope stability. THERE SHALL BE NO CLEAR CUTTING OF ANY SITE LOT.
V. GARBAGE
1. Garbage disposal will be available at a bear-resistant cage placed in a convenient location for everyone.
2. The Lessee shall be responsible to clean up immediately upon any garbage spill occurring on their site lot no matter who was responsible for such spill and anywhere else on Hawk Estates where the Lessee or any family member or guest has caused such spill.
3. Garbage pickup scheduling is the responsibility of Hawk Estates.
4. Only household garbage is allowed to be disposed of in the bear-resistant cages on Hawk Estates.
5. Subject to the prior written approval of Hawk Estates on design, size and location, the Lessee will be permitted to have a composter on their site lot.
W. PETS
Hawk Estates will permit the Lessee to have a pet on their site lot, but such pet must not infringe on the rights, peaceful enjoyment of property and safety of others, including, without restriction, other Lessees, their families and guests and the employees of Hawk Estates, trades personnel or other persons permitted in Hawks Estates. However, in view of the potential for complaints of allergies, fears or waste material left by such pets, Hawk Estates will enforce the following regulations:
1. Only domestic animals will be permitted on Hawk Estates.
2. Any animal that, in the sole opinion of Hawk Estates, is causing a disturbance or is a safety risk to anyone lawfully in Hawk Estates has the right to request the owner of such animal to immediately either remove it from Hawk Estates or take such steps as are necessary to settle the disturbance or remove the safety risk.
3. Where any animal is owned by a guest of a Lessee, such Lessee shall ensure that the regulations herein are observed by such guest.
4. Large or vicious dogs, (e.g. Dobermans, Rottweilers and Pit Bulls), are not permitted. Hawk Estates reserves the right to decide which other dogs are unacceptable because of size or breed.
5. Pets are not allowed to run free except within the confines of the Lessee's site lot and must be on a leash when not on such site lot.
6. Pets that disturb the quiet of others are in direct violation of Park by-laws and may be removed. Hawk Estates and Manitoba Conservation have the sole right to decide when a dog is causing a noise or disturbance that justifies removal from Hawk Estates.
7. Any pet that can be out of doors on its own shall have appropriate vaccinations, including rabies vaccination, a collar and owner identification tag around its neck or in its ear and, where pet licensing is required, a current year's license.
8. The Lessee shall take reasonable action to prevent any pet from defecating on or damaging any area of Hawk Estates, including any site lot.
9. Pet excrements are to be removed and disposed of by the pet owner or any person in charge of such pet.
10. No breeding of animals operation is allowed in Hawk Estates.
11. Any animal that is running freely in Hawk Estates, is causing a disturbance or is a safety risk should be reported to Hawk Estates during regular business hours or to the RCMP at other times.
X. PROBLEM WILD LIFE
1. The Lessee, their family and guests are expected to obey all rules, regulations, guidelines and advisories of Manitoba Conservation with regard to their contact with any wild animals. In particular, and without limiting the generality of the foregoing, a Lessee or a Lessee's family and guests,
(a) to help prevent problems with bears, shall not leave garbage, dog food, or food of any kind whatsoever outdoors or in places where bears or other wild animals can obtain it; and
(b) shall report any problems about bears or other wildlife to the local Manitoba Conservation district office.
2. Manitoba Conservation does not recommend feeding birds or animals from April to October as such activity frequently attracts bears and nuisance animals. The Lessee, their family and guests are expected to co-operate in removing these attractants when requested to do so by a Natural Resource Officer, and such cooperation will be beneficial to the long-term health of Manitoba's wild life population.
Y. CANVASSING OR SOLICITING
1. Any canvassing or soliciting in Hawk Estates is prohibited unless specifically permitted in writing by Hawk Estates.
Z. DISTURBANCE & NOISE
1. The Lessee is responsible for the proper conduct of their family and guests, including compliance with all applicable rules and regulations set forth herein, including, without restriction, rules regarding vehicle speed and parking.
2. The Lessee, their family and guests, shall not cause noise, create a disturbance or cause inconvenience to other residents of Hawk Estates.
3. Music and/or noises shall be maintained at a level that is low enough to be confined to the inside of the Lessee's home.
4. Disturbing the peace, profanity, indecency, drunkenness, disorderly behavior or excessive noise will not be tolerated within Hawk Estates at any time.
AA. OCCUPANTS/BUSINESSES
1. Site lots are rented to specific individuals or corporations. Only those individuals shown on this rental agreement may occupy the Vacation Home on the rented site lot on a regular basis unless otherwise permitted by Hawk Estates.
2. The Lessee is prohibited from operating or allowing the operation of any business or commercial activity unless specifically permitted in writing by Hawk Estates.
3. The Lessee is prohibited from renting or subletting their site lot to any person unless prior written approval is obtained from Hawk Estates.
BB. OIL AND PROPANE TANKS
1. Hawk Estates does not allow any oil tanks or oil storage to be located within the community or stored on any lot.
2. The Lessee shall obtain from Hawk Estates prior written permission to place a propane tank on their site lot and such permission shall include the location of such tank. It is the policy of Hawk Estates that such tank will generally be permitted in the rear of the lot as specifically located on a site lot plan. NOTE: This provision does not apply to the possession of two propane tanks of twenty (20) pound capacity or less used in connection with the operation of a portable barbeque.
3. The Lessee shall maintain any propane tank permitted on their site lot in a rust free condition and mounted on a good quality stand in the upright position.
4. The Lessee shall immediately repair or replace any fuel tank that leaks or is found to be a fire hazard by a fire inspector or by Hawk Estates.
5. The Lessee shall, upon written notice from Hawk Estates, rectify any damage caused by fuel tanks at their sole expense.
CC. AIR CONDITIONERS
1. Location of all air conditioners must be approved by Hawk Estates. To provide courtesy to neighbours, models must be of a newer variety and of a variety that operates quietly. In this clause, both 'new variety' and 'quietly' shall be determined in the sole discretion of Hawk Estates.
DD. ASSIGNMENT & TRANSFER OF LEASES
1. Subject to the consent of the Lessor, which consent shall not be unreasonably withheld, a Lease may be sold and transferred at any time during the term of the Lease Agreement; provided that in the case of a Security Holder (as that term is defined in the Lease) when it is lawfully enforcing its Security Interest (as that term is defined in the Lease), the consent of the Lessor shall not be unreasonably withheld.
2. Other than where a Lease is transferred or Assigned by a Security Holder exercising its enforcement rights under its Security Interest all Leases and Vacation Homes located on the particular site in Hawk Estates which are assigned and transferred are subject to a 5% fee within the first 5 years of the Lease calculated on the final assignment and transfer price of the Lease and Vacation Home located on the site and payable to the Lessor by certified cheque or bank draft at the time of closure of the sale and before a written consent to possession of the site lot will be issued to the new purchaser.
3. When a Vacation Home is to be sold, it must be listed by an agency approved by Hawk Estates except where a company that has a financing and security interest in the site lot in view of the default of the Lessee, has assumed responsibility for the Lease and the Rental Agreement or has assumed the Lessee's leasehold title to the site lot.
4. When a Lease is to be sold by way of transfer and assignment other than by a Security Holder exercising its rights under a Security Interest it must be listed by an agency approved by Hawk Estates.
5. Hawk Investments has the option, in its sole discretion, to waive the payment of any fees, surcharges or expenses billed to the Lessee at any time and from time to time.
6. A lease of a site lot is not transferable or assignable without the written consent of Hawk Estates as set forth in paragraph EE below. In the event that a Vacation Home is sold and occupied by a party other than the current Lessee without the written approval of Hawk Estates, that party will be considered a trespasser and will be dealt with accordingly. The current Lessee permitting such unauthorized occupancy shall be liable for any legal costs, on a solicitor and own client basis, incurred by Hawk Estates in taking any legal action to terminate the Lease and any leasehold title then in force, to remove such unauthorized party, to regain possession of its site lot and to take any other action to terminate the relationship between Lessee and Lessor.
7. If the Lessee is a corporation, any change in ownership or control of the Lessee shall be deemed to be a proposed assignment or subletting by the Lessee that is subject to the written approval of Hawk Estates.
8. It is understood that Hawk Estates has no obligation to survey or resurvey the site lot. Neither this Rental agreement nor any assignment thereof or a subletting of the Lease of the site lot shall create any obligation of Hawk Estates to survey or resurvey the site lot described herein.
EE. NO ASSIGNMENT OR SUBLEASE WITHOUT CONSENT
1. The Lessee shall not assign this Rental Agreement or sublet the site lot without the prior written consent of Hawk Estates, which consent shall not be unreasonably withheld, where the purpose of the assignment is to facilitate the financing and security requirements of the Lessee to enable their purchase of a leasehold interest in the site lot and to finance the construction of a Vacation Home thereon, or;
2. If the Lessee is a corporation, any change in ownership or control of the Lessee shall be deemed to be a proposed assignment or subletting by the Lessee that is subject, therefore, to the written approval by Hawk Estates.
FF. LEASE
1. In the event a Lease of a site lot is terminated, Hawk Estates agrees with the Lessee herein to refund to the Lessee the unused portion of the land rental fee less an amount thereof attributed to the years of use, which refund shall be calculated using the following formula:
Land Rental Fee Paid X Number of Years or any Part of a Year of Occupation
99 Years
GG. SURCHARGES FOR BREACHES OF PROVISIONS OF RENTAL AGREEMENT
1. Attached is a Schedule of Surcharges Hawk Estates is authorized herewith to impose on the Lessee should the Lessee be in breach of any provision in this Rental Agreement for which a surcharge may be imposed.
2. Hawk Estates is authorized to amend the Schedule of Surcharges to add additional breaches and to revise the amounts of any surcharge either by increasing or decreasing them.
3. Where a surcharge, late payment charge, or any other charge is, by virtue of the provisions of this Rental Agreement, imposed, payment of same shall be enforced in accordance with paragraph 8 (3) of the Lease.
HH. AMENDMENTS, REVISIONS OR ADDITIONS TO THE RULES AND REGULATIONS
1. Hawk Estates shall be entitled to amend, revise or add to these rules and regulations provided thirty (30) days written notice is given to each Lessee, provided, however, that any change must be consistent with the terms and conditions of the existing Lease or the existing Rules and Regulations and in no event may sections DD,EE or FF be amended without the consent of the Lessee, and if the Lessee's Lease is subject to a Security Interest, the consent of the Security Holder.
2. Subject to the exceptions contained in paragraph HH1 above, should the Lessee not accept any such amendment, revision or addition and agreement thereon cannot be achieved, the Lessee shall be deemed to have given notice of termination of the Lease pursuant to paragraph 8 (2) of the Lease.
The Lessee agrees to be bound and governed by all the terms of the Rental Agreement set forth herein and as amended, revised or added to from time to time and further agrees that this Rental Agreement shall be an integral part of the terms of the Lease to be executed by the parties hereto.
Signed by the Lessee this ______ day of ________________________________,20____.
_____________________________________________ ________________________________________
Witness Lessee
OR
________________________________________
NAME OF CORPORATION
Per
_____________________________________________ _________________________________________
Witness Corporation designated Officer if site lot being leased by a
Corporation.
5WRFFFR 2013.05.30
