I. NAME AND ADDRESS OF COMMUNITY
II. FOUR LAKES GOLF CLUB 4/27/94
II. RECEIPT OF NOTICE AND
DEMANDS
III. COMMUNITY PROPERTY DESCRIPTION
IV. RECREATIONAL AND COMMON FACILITIES
V. COMMUNITY MANAGEMENT AND MAINTENANCE
VI.
MANUFACTURED HOME OWNER REQUIRED IMPROVEMENTS
VII. UTILITIES AND OTHER SERVICES
VIII. BASE RENT, LOT RENTAL AMOUNT, PASSTHROUGH CHARGES, AND
OTHER FEES
IX. USER FEES
X. COMMUNITY RULES AND REGULATIONS
XI. ZONING CLASSIFICATION
XII. ZONING
XIII. EXHIBITS
XIV. RULE STATEMENT 13
COPY OF LEASE AGREEMENT
RULES AND REGULATIONS
USER FEE AGREEMENT
AMENDMENTS:
1.October 23,2001 Change Of Address From:5015 South Florida Ave. Suite 200, Lakeland FL 33813
To: P.O. Box 5252 Lakeland, FL 33807
2. October 27,1994 Maximum of two small pets, which at maturity must not weight greater than 50 pounds each.
I. NAME AND ADDRESS OF COMMUNITY
The name and address or location of the manufactured home community is Four Lakes Golf Club, Old Lucerne Park Road, Winter Haven, Florida 33881.
II. RECEIPT OF NOTICES AND DEMANDS
The name and address of the person authorized to receive notices and
demands on the community owner's behalf is Raymond Moats, of A & M
Properties, Inc., 5015 South Florida Avenue, Suite 200, Post Office Box 5252,
Lakeland, Florida, 33807.
III. COMMUNITY PROPERTY DESCRIPTION
The following is a description of the manufactured home community property:
Phase III
a. Number of lots in each phase: Phase I 382 Phase II 437
b. Approximate size of each lot: 4,000 square feet
c. Setback requirements and minimum separation distance
between manufactured homes as currently required by law:
10' between homes; set back 10' from street; 5' from rear
lot line.
d. Maximum number of lots that will use
shared facilities of the community: 910 based on future phase development.
IV. RECREATIONAL AND COMMON FACILITIES
A description of the recreational and other common facilities, if any, that will be used by the manufactured home owners follows:
The number of buildings: one Building (name): Clubhouse
a. Each room thereof: Great room, kitchen, manager's office, laundry room, exercise room, pool table room, library and supplies and restrooms.
b. Intended purposes: Activity and meeting center for residents and management
c.
Location: West central area of community 1
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d. Approximate floor area:
e. Capacity (number of people):
f. Days and hours of operation:
15,000 square feet 600
8:00 a.m. to 10:00 p.m. daily and at other hours
upon special request and manager approval
The manufactured home community has one swimming pool and one Spa.
a. Swimming Pool and Spa Location: The pool and spa are at the side of the Clubhouse.
b. Approximate size; Pool - 20
ft. x 50 ft. Spa - 6 ft. in diameter
c. Depth: Pool - 3 ft. up to 6 ft. Spa - Approx. 3 ft. deep
d. Approximate deck size; 4 foot deck surrounding pool and spa
e. Capacity: Pool - 20 persons Spa - 4 to 6 people
f. Pool and spa are heated only at the discretion of management.
Days and hours of operation: Dawn until dusk
Permanent improvements which will serve the manufactured home
owners are: 8 shuffleboard courts located at the side of the Clubhouse; 2 tennis courts; a 9-hole golf course and pro shop. The golf course will be open to the public for play. The golf course and pro shop will be operated and maintained in the sole discretion of the owner and management of the community. Prices for green fees and membership fees will be calculated on the basis of the cost of building and maintaining the golf course and factors listed in Section VIII(G)
of this prospectus.
The community also has access to a sewer treatment plant on the property which provides sewage treatment to the manufactured home
community. Other facilities available to the manufactured home owners include:
Limited boat slips are available at a charge set out herein on a first-come,
first-serve basis; limited RV storage is available on a first-come, first-serve basis within the space available. Maintenance and improvements to the boat slips and RV storage facilities will be provided in the sole discretion of the management. They are used at the residents own risk.
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Items of personal property available for use by the manufactured home owners are: Two pool tables.
Management has no obligation to maintain or replace these pool tables.
Days
and hours that facilities, other than buildings and pool, will be available for use are: Shuffleboard courts are lighted until 10:00 p.m.; playing beyond 10:00 p.m. must have management approval.
Pool regulations and hours are posted.
The Pool may be restricted at certain times for exercise class or other group
activities. The pool areas are for the use of residents and their guests only.
Management reserves the right to restrict use of the pool area to any resident
who violates rules with regard to its use. The pool has no lifeguard. Anyone
using the pool does so at their own risk! Please do not swim alone.
The Clubhouse and other recreational facilities are mainly scheduled and managed in cooperation with the homeowner's association. Homeowners have the right to use these facilities at reasonable times and by scheduling ahead of time; additionally, only registered guests are permitted to use the recreational facilities. Tenants are responsible for the safety and conduct of their guests.
Visiting children must be accompanied by an adult when using the recreational
facilities of the community. The Community Owner shall have final say on use of the facilities in case of a dispute.
In general: All facilities described in this Section IV will be installed by April 30, 1995. The Community Owner reserves the right from time to time to alter or change any of such facilities by the removal, relocation, or alteration, of all existing facilities or the construction of new facilities. The hours and rules for of use of all facilities may be changed from time to time by giving residents at least ninety days notice.
Additionally, the Community Owner also reserves the right from time
to time to use any or all the recreation and common area facilities and to allow its staff, guests, and licensees to use such facilities for such activities as the Community Owner deems proper. However, the Community Owner will make a good faith effort not to schedule in such a way that it would conflict with an activity previously scheduled by the residents.
The Community Owner may, from time to time, close said facilities on a temporary basis for the purposes of maintenance, alteration, improvements, or any other reasonable reason. The availability of all of the above facilities are limited to normal circumstances. One or more of the above facilities may become unavailable in the event of natural or man-made disaster, including fire, flood, storm, earthquake, war, civil disturbance, or any other circumstances reasonably beyond the control of the Community.
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Owner or the party providing such facility, including strike, repair, replacement or theft of equipment and intervention by governmental authority. Damage or destruction of facilities shall not cause lot rent to abate.
All persons who enter or live in the Community do so at their
own risk. The Owners and Management of the Community absolve themselves from all liability or responsibility pertaining to loss by accident, property damage, fire, theft, or any other loss whatsoever.
Residents and guests avail themselves of these facilities at their own risk. Residents are responsible for damages caused by their family and quests.
All improvements are scheduled to be completed by April 30, 1995.
V. COMMUNITY MANAGEMENT AND MAINTENANCE
Management of the community and maintenance and operation of the
community property and of other property that will serve the manufactured home
owners is the community manager. His office is located in the management office at the clubhouse, and has posted days and hours of operation. All questions and problems concerning community operation should be directed to the community manager. The management company in charge of maintenance and operation is A & M Business Properties, Inc., of 5015 South Florida Avenue, Post Office Box
5252, Lakeland, Florida 33803.
VI. MANUFACTURED HOME OWNER REQUIRED IMPROVEMENTS
Improvements, whether temporary or permanent, which are required
to be installed by the manufactured home owner as a condition of his/her
occupancy in the community are: Brick skirting, attached utility shed, carport,
concrete driveway, concrete patio, irrigation, fully sodded lawn, and concrete
steps, all of which are to be consistent with current improvements in the
community. Each manufactured home owner is required to maintain those
improvements in good and clean condition. All additions or changes to the
original manufactured home and its exterior aluminum and concrete package must
have prior written approval from management (this is to maintain uniformity of
the Community). No tenancies were in existence as of June 4, 1984.
The
Community Owner does not maintain a manufactured home owner's lawn, trees and
shrubs, or premises in any manner. The Community will not be liable for damage
to manufactured home owner's manufactured home or other property as a result of falling trees, limbs, or other debris. Manufactured home owner will be subject to payment of the costs of lawn maintenance or tree and shrub trimming, and/or removal if necessary (which, in that event, would be included in the lot rental amount as an additional charge)and possible eviction if manufactured home owner fails to maintain his premises within the standards set forth in the Community Rules and Regulations.
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At any time, regardless of whether a manufactured home is being sold or not, in order to maintain the quality of the community, the Community Owner may require removal from the community of any manufactured home that is not or can not be maintained to meet the community's established standards. The "established standards" require that the lot must be clean and well landscaped and the exterior of the home must appear neat, clean, and free of rust, chipping paint, and similar conditions indicating poor maintenance.
VII. UTILITIES AND OTHER SERVICES
Utilities, sewage and waste
disposal, cable television, water supply, storm drainage, and the person or
entity furnishing each will be provided as follows:
Water and Sewage: Water and sewage disposal are currently provided by the manufactured home community owner. So long as water and sewer are provided by or through the manufactured home community, the minimum fee of $ per month will be charged for usage of up to 5,000 gallons per month. The water and sewage usage are not currently individually metered. The community owner, at its discretion, may individually meter water and sewage usage. For every 1,000 gallons or portion thereof in excess of 5,000 gallons, the rate shall be an additional $ permonth. In the event that a municipality, other government or agency thereof, or private utility company supplies water directly and sewage disposal to the home owners, the home owners shall be responsible for and pay for monthly usage fees and other fees, including any connection, impact or tap fees, all as established by such municipality or private utility company. Responsibility for sewage and water lines in the community up to the lot line only is the responsibility of the community. The in-ground connection and the lines for water and sewage inside the manufactured homeowner's lot line are the manufactured home owner's responsibility. The fee for water and sewage presently as provided by the community owner is included within the lot rental amount but is not included in the base rent.
Waste Disposal: Waste disposal is provided by AAA Sanitary Disposal, or a future designated franchise provider and is the responsibility of the individual manufactured home owner. The fee for such waste
disposal is a matter of contract between the manufactured home owner and the
waste disposal company (any increases in waste disposal fee will be as a result of that company raising its rates and will be the responsibility of the
manufactured home owner).
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Cable Television: When available, cable TV is
the responsibility of the individual manufactured home owner. The fee for such
service is a matter of contract between the manufactured home owner and the
cable TV company (any increases in the cable TV fees will be as a result of that company raising its rates and will be the responsibility of the manufactured home owner).
Storm Drainage: Storm drainage is provided and maintained by the
manufactured home community through a system of in-ground drainage systems,
together with natural run-off. Presently, storm drainage is included in the
base rent. However, should any assessment by a governmental agency be imposed,
that assessment or fee will the responsibility of the manufactured home owner on a pro-rata basis.
Electricity: Electric power is provided by
Tampa Electric Company. Electric usage is billed directly to the manufactured
home owner and is the owner's sole responsibility. Tampa Electric Company is
responsible for the electric lines to the meter, including the meter. Electrical lines to the manufactured home from the meter or any other connection outside the manufactured home, including utility shed connections and outside receptacles, are the manufactured home owner's responsibility.
VIII. BASE RENT, LOT RENTAL AMOUNT, PASS-THROUGH CHARGES, AND OTHER FEES
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A. DEFINITIONS:
1. The term "base rent" is defined as part of the lot rental
amount, but excludes user fees, pass-ons, pass-throughs, and other fees and
charges set out herein.
2. The term "lot rental amount" means all financial
obligations except user fees which are required as a condition of the tenancy.
The homeowner will be notified ninety (90) days in advance of any increase in
the lot rental amount.
3. The term "pass-through charge" means the
manufactured home owner's proportionate share of the necessary and actual costs
and impact or hookup fees for a governmentally mandated capital improvement,
which may include the necessary and actual direct costs and impact of hookup
fees incurred for capital improvements required for public or private regulated utilities.
4. The term "user fees" means those amounts charged in addition to
the lot rental amount for non-essential optional services provided by or through the community owner to the manufactured home owner under a separate written agreement between the manufactured home owner and the person furnishing the optional service or services.
5.The term "manufactured home" includes mobile homes, as used in Florida Statute 723.
B. BASE RENT
The base rent for your lot beginning at the time stated in the attached lease is $_____ per month as set out in the
attached lease.
C. INCREASES IN BASE RENT
Annual monthly base rental increases for calendar years subsequent to
the initial year will be based on no less that $5.00 or the increases in the
Consumer Price Index (as determined by the U.S. Government at the nearest
reporting period prior to the rent increase notice), whichever is greater, and
the increase in taxes or assessments, as below described. The Consumer Price
Index is defined as the United States Department of Labor Consumer Price Index, U.S. City Average, All Urban Consumer, 1967 equals 100, or should such Consumer Price Index be discontinued by the U.S. Department of Labor, such other index that measures the cost of living and is reasonably related to this Consumer Price Index ("CPI").
Base rent will also be increased in calendar years subsequent to the initial year by any increase in real estate or other taxes and assessments by a state or local government in addition to $5.00 or the percentage increase in CPI. Such increases in taxes or assessments will be based on a prorata computation among all lots in the manufactured home community and will be charged to all residents to whom this prospectus is applicable. Lease renewals will become effective the first day of January of each year thereafter in accordance with the lease. The manufactured home owner shall be notified of the increase in the base rent at least ninety (90) days prior to the increase.
D. DIFFERENT RENTAL RATES
Different rental rates for lots within
the community can be charged in the sole discretion of the Community
Owner.
E. RESALE, ASSUMPTION
The Community Owner may increase the base rent to be paid by a resale buyer of a manufactured home in the community upon the expiration of the assumed rental agreement (December 31) without regard to other lot rental amounts in an amount deemed appropriate by the Community Owner
so long as such increase is disclosed to the purchaser prior to his occupancy,
and the purchaser agrees to the increase in writing. The Community Owner intends on using the factors as set out in VIII(G) in arriving at the base rate for a purchaser for the January 1st after the purchase. Thereafter, until a new sale is made, base rent will be increased as set out in VIII(C) above. The manufactured home owner shall be notified of the increase in base rent at least ninety (90) days prior to the increase.
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F. OTHER FEES CHARGED TO HOME OWNER
Other fees, charges, or assessments that the resident is responsible
for are:
(1) Lot and lawn maintenance is the responsibility of the individual
manufactured home owner. Waterfront lots shall be maintained to the waterfront
by the manufactured home owner. In the event that lawn maintenance is not
performed by the individual manufactured home owner, the Community Owner may
maintain such lot and the manufactured home owner shall be responsible for the
cost to the manufactured home community of maintaining the lot and lawn. That
cost is currently $ per cutting.
(2) Water and sewer are the responsibility
of the individual manufactured home owner. Water and sewage will be paid by the
manufactured home owner based on a minimum fee of $ ______per month for usage up to 5,000 gallons per month. For every
1,000 gallons or portion thereof in excess of 5,000
gallons, the rate shall be an additional $ per month.
(3)
Tree trimming and/or removal is the responsibility of the individual
manufactured home owner if that tree is located on the leased lot. Trees will
not be trimmed or removed without the manager's written permission. If the
manufactured home owner refuses to trim and/or remove the tree, then the
community Owner may do so and bill the manufactured home owner the amount of
services in the following month's rent. The charge for tree trimming and/or
removal is $ Billed amount.
(4) Late fees of $ per day will accrue beginning
with the sixth day of the month on rent or any other charge to the manufactured home owner that is not paid by the fifth day of each month. That $ per day will be retroactive to the first day of the month and will continue every day thereafter until such time as the rent or other charge is paid. A $ service fee, plus late charges, will be made for bad checks.
(5) The manufactured home owner shall pay an extra resident fee of $ per person per month for guest visiting beyond fifteen consecutive days or more than thirty days per year.
(6) The manufactured home owner will be charged a debris removal fee in
accordance with Section VIII(K) if the manufactured home owner refuses, or for
any other reason is unable, to comply with that Section. The charge for that
service is $ Billed amount
(7) The manufactured home owner shall also be responsible for governmental assessments, fees, surcharges, and charges in accordance with Section VIII(J). Such taxes and/or assessments shall be allocated equally among all lots and shall be billed annually to the manufactured home owner.
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FACTORS USED TO INCREASE LOT RENTAL AMOUNT EXCLUDING BASE RENT
Fees, charges, and other costs to the manufactured home
owner will be charged or increased, as the case may be, as a result of increased costs to the Community Owner attributable to increases in utility rates and usage, tap-in fee requirement(s) into a utility system, fluctuation in property value, property taxes, and increases in city, county, or state governmental assessments, costs of living increases (cost of living increases are defined as the increases in the Consumer Price Index as defined in Section VIII(C))allocated to services provided by or on behalf of the community Owner; repair, maintenance, management, construction, and future market and economic
conditions. (Base rent set out in Paragraph B will be increased in accordance
with Paragraph C.) The manufactured home owner shall be notified of the increase in lot rental amount at least ninety (90) days prior to the
increase.
Prevailing "market conditions" is intended to refer to those other
charges in comparable communities, rents, or charges willing paid from time to
time by residents of such communities and this community. For this purpose, a
community will be deemed comparable if it is located in Polk County, Florida,
and offers similar densities, amenities, and services.
Prevailing "economic
conditions" is intended to refer to cost of operation and to those other factors which bear on the economic viability of a real estate investment and which would be considered by a prudent businessman in establishing the base rental and other charges or increases in amounts thereof. These factors include:
a. The costs attendant to the replacement of his community in the economic environment existing at the time of the establishment of a charge or an increase, including without limitation, land acquisition costs, construction costs, and losses associated with the operation of the community prior to full capacity, and the level at which the lot rental must be established in order that the Community Owner will realize a reasonable ("reasonable" is defined as not being capricious, arbitrary, and inconsistent with Chapter 723, Florida Statutes) rate of return on the cost referred to in this clause;
b. The levels of interest rates and other financing charges associated with construction, interim and permanent financing;
c. The availability of alternative forms of real estate
investments which, absent the charge or increase in question, might reasonably
be expected to yield a greater rate on investment capital;
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d. The levels of the U.S. Department of Labor Consumer Price Index measuring the value of the U.S. dollar (defined as the United States Department of Labor Consumer Price Index, U.S. City Average, All Urban Consumers, 1967 equal 100, or should such Consumer Price Index be discontinued by the U.S. Department of Labor, such other index that measures the cost of living and is reasonably related to this Consumer Price Index); and
e. A reasonable rate of return on the market value
of the property.
f. An increase in one or more of the above factors may result
in an increase in fees, charges, and other costs to the manufactured home
owner.
G. PASS-THROUGH CHARGES
H. Although there are currently no pass-throughs for which the resident is responsible, the Community Owner reserves the right to charge directly to the resident, in addition to the base rent, the manufactured home owner's proportionate share of the necessary and actual direct costs and impact or hookup fees for a governmentally mandated capital improvement, which may include the necessary and actual direct costs and impact, connection or hookup fees incurred for capital improvements required for public or private utilities. Any pass-through charges will be allocated equally among all lots.
I. PASS-ON CHARGES
No charge may be collected that results
in payment of money for sums previously collected as part of the lot rental
amount. The provisions hereof notwithstanding, the Community Owner reserves the right to pass on, at any time during the term of the lot rental agreement, ad valorem property taxes and utility charges, or increases of either, provided that the ad valorem property taxes and the utility charges are not otherwise being collected in the remainder of the lot rental amount, and provided further that the passing on of such ad valorem taxes or utility charges, or increases of either, was disclosed prior to tenancy, was being passed on as a matter of custom between the Community Owner and the manufactured home owner, or such passing on was authorized by law. Such ad valorem taxes and utility charges shall be a part of the lot rental amount as defined herein.
J. GOVERNMENTAL
ASSESSMENTS, FEES, SURCHARGES & CHARGES
The Community Owner reserves the right to pass on any non-ad valorem taxes, utility charges, fees, surcharges, assessments, or increases of these which are assessed or mandated by any city, county, or state government or agency. This pass on amount shall be a part of the lot rental amount as defined herein. Any pass on charges resulting from this paragraph will be allocated equally among all lots and billed annually to the manufactured home owner.
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Any waiver of these charges by the Community
Owner in a given year does not waive the Community Owner's right to charge for
subsequent years.
K. DESTRUCTION OF MANUFACTURED HOME
If a manufactured home is substantially destroyed by fire or storm, the manufactured home owner shall promptly remove all debris from the lot and take all other action required to render the lot fully tenantable for another manufactured home. If the manufactured home owner fails to do this within thirty (30) days after demand by the community, the community shall have the right to remove such debris and to charge the manufactured home owner the reasonable cost thereof. Damage to or destruction of a manufactured home shall not cause rent to abate.
IX. USER FEES
The manufactured home owner is responsible for the payment of user fees
if the manufactured home owner agrees to the provision of services for such fees by the Community Owner.
"User fees" are defined as those amounts charged in addition to lot rental amount for non-essential optional services provided by or through the Community Owner to the manufactured home owner under a separate written agreement between the manufactured home owner and the person furnishing the optional service or services.
User fees will be increased based upon the factors which are considered for increases in fees, charges, and other costs set out in Section VIII(G) of this Prospectus. Notice of an increase or change in user fees will be provided to the manufactured home owner five (5) days prior to the increase. Notice of increase will be given by posting a notice at the
clubhouse, or at the resident manager's office, or the facility, or personal
delivery, or by U.S. Mail. Notice by U.S. Mail shall be deemed effective upon
delivery to the Post Office.
The current user fees are as follows:
(1)
Boat Slips to the extent available will be billed in accordance with the current rate. That rate is now $ per boat slip space per month. Use of the boat slips are at the owner's risk.
(2) RV Storage to the extent available will be billed in accordance with the current rate. That rate is now $ per RV space per month. Storage of any item is at the owner's risk.
(3) The manufactured home owner shall pay a membership fee of--- for use of the golf course.
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(4)
The manufactured home owner shall pay a trail fee of for the use of his golf
cart on the golf course.
(5) The costs of all other services required by the
resident are solely the resident's responsibility. Any new services not
presently provided which might in the future be provided to residents shall be
the subject of a user fee and a separate agreement.
X. COMMUNITY RULES AND REGULATIONS
The community rules and regulations are set out in Exhibit E-3
and are incorporated herein by reference. The Community Owner can refuse to
accept a prospective home buyer who does not meet the qualifications for
residency required by the community management in the Rules & Regulations.
If a purchaser of a manufactured home in the community fails to qualify and to
obtain approval to become a tenant in accordance with the Rules &
Regulations, that shall be a ground for eviction.
Community Rules and Regulations shall be set, changed, or promulgated in the following manner:
a. Current Community Rules & Regulations in effect governing manufactured home owners' behavior, guest procedures, times for using recreational and other facilities, and any other rules are as set forth in the exhibit attached to this Prospectus.
b. Rules & Regulations changes and adoption of new
community Rules & Regulations will be made in accordance with Florida
Statutes, chapter 723.
XI. ZONING CLASSIFICATION
Existing zoning
classification of the community property and permitted uses under such
classification are: rental manufactured home community; no industrial uses are
allowed.
XII. ZONING
The nature and type of zoning under which the
manufactured home community operates and the name of the zoning authority which has jurisdiction over the land comprising the manufactured home community are: rental manufactured home community; Polk County.
XIII. EXHIBITS Exhibits to this Prospectus include:
a. A copy of the manufactured home community layout showing the location of the recreation areas and other common areas.
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.
All covenants and restrictions and zoning which will affect the use of the
property and which are not contained in the foregoing. (not applicable)
c. A
copy of the lease agreement to be offered for rental of manufactured home
lots.
d. A copy of the Rules & Regulations of the Community.
e. A copy of the User Fee Agreement. XIV. RULE 11 STATEMENT
This Prospectus was deemed by the Division of Florida Land Sales, Condominiums & Mobile Homes of the Department of Business Regulation to be adequate to meet the requirements of Chapter 723, Florida Statutes. The identification number assigned by the
Division is . The lot number to which this Prospectus applies is
This Prospectus was deemed to be adequate on ___________
FOUR LAKES GOLF CLUB LEASE Agreement
THIS LEASE made and entered into this day of 19
by and between Four Lakes Golf Club, Ltd., known as Four Lakes Golf
Club, hereinafter called the "Community" and hereinafter called the
"Owner-tenant".
Witnesses, that in consideration of the covenants herein
contained, on the part of the said Owner-tenant to be kept and performed, the
said Community does hereby release to the said Owner-tenant the following
described property: Street: , Lot No. :
TO HAVE AND TO HOLD the same from the day of 19 , until the 31st day of December, the said Owner-tenant paying the initial monthly base rental of $__________ from the beginning of this Lease until the 31st day of December, 19 . Annual monthly base rental increases for the calendar years 19 and subsequent years will be based on no less than $5.00 or the increase in the Consumer Price Index (defined as the United States Department of Labor Consumer Price Index, U.S. City Average, All Urban Consumers, 1967 equals 100) ("CPI"), whichever is greater. Lease renewals and increases will become effective the first day of January of each year thereafter and will be a part of the Lease Agreement for that year.
Base rent will also be increased in calendar years subsequent to the initial year by any increase in real estate or other taxes and assessments by a state or local government. Such increases in taxes and assessments will be based on a prorate computation among all lots in the manufactured hare community and will be charged to all residents to wham this Prospectus is applicable. The manufactured home owner shall be notified of the increase in base rent at least ninety (90) days prior to the increase. Rental payments are due on or before the 1st day of each month for that month, at the place designated by the Community. The Owner-tenant covenants and agrees to the following:
1. To make no unlawful, improper, or offensive use of the property.
2. To comply with the Rules & Regulations of the
Community. A copy of said Rules & Regulations has been furnished to the
Owner-tenant.
3. That the Lease is governed by Chapter 723, Florida Statutes
(Florida Mobile Home Act) as currently in effect at the time of execution of
this document, the provisions of which are incorporated herein by
reference.
4. Actions by the Owner-tenant which constitute grounds for
eviction under Section 723.061, Florida Statutes, shall be a violation of this
Lease. Failure of the Community to evict a tenant for violation of any one of
the grounds set forth in Section 723.061, Florida Statutes, or for any grounds
provided for in this Lease, shall not waive the right for the Community to
consider any subsequent violation of the same grounds, or the violation of
any Exhibit.
other grounds, a breach of this Lease by Owner-tenant so long as permitted by Chapter 723, Florida Statutes.
5. As provided in the Rules & Regulations, rules and regulations may be modified, eliminated, or additional rules and regulations adopted by the Community upon giving the Owner-tenant notice thereof as required by law and said Rules & Regulations in accordance with Chapter 723, Florida Statutes.
6. This Lease and the privileges contained herein are not assignable, and said Lease is only valid as long as those executing this Lease reside upon the premises set forth in this Lease, and are in full conformance of all provisions of this Lease and the community Rules & Regulations, except that a new home owner may assume,in writing, the balance of the annual Lease through December 31, of the year of purchase in accordance with Chapter 723, Florida Statutes.
7. Owner-tenant expressly understands and agrees that, upon execution of this Lease, all prior leases, rental agreement, negotiations, and other agreements between the parties regarding the lot leased are hereby terminated, void, and of no legal force and effect.
8. Storm drainage is included in the lot rental amount and charged in
accordance with Sections VII and VIII(J) of the Prospectus.
9. Other financial obligations of the Owner-tenant, not including user fees, are as follows:
Fees or Charges
Yard Maintenance (not charged unless
owner fails to maintain yard) per cut
Water and Sewer up to 5000
gallons
excess per 1000 gallon over 5000
Tree Trimming/Removal,
Debris Removal
(not charged unless Owner-tenant fails
to provide services himself) $ Billed amount Late Check Charge $ Per day Bad Check Charge $
Extra Resident Fee $
Debris Removal charged in accordance
with Section VIII(K)
of the Prospectus $ Billed amount
Governmental Assessments, charged in accordance with Section VIII(J)
Fees, Surcharges, and of the Prospectus and Charges
The fees will be charged and increased as set out in Sections VIII(F) through (K) of the Prospectus. No services are included in the lot rental amount other than those services stated above.
10. The community reserves the right to pass on and
pass through charges in accordance with the Prospectus and Chapter 723, Florida
Statutes.
11. Owner-tenants) acknowledge that they have read the foregoing,
the Rules & Regulations, and the Prospectus, and that Owner-tenant was
offered the foregoing Lease prior to occupancy.
We have read and understand this Agreement and agree to the terms set out herein.
WITNESS our hands and seals of the date set out above.
Owner-tenant Community Representative
Owner-tenant
FOUR LAKES GOLF CLUB
COMMUNITY RULES & REGULATIONS
For your convenience, security and the pleasant atmosphere
associated with gracious manufactured home living, the following rules and
regulations are enforced:
1. Applicant for occupancy must be considered
desirable and compatible with other occupants of the community. The community is intended and operated as an adult retiree community to provide housing for and occupancy by older persons. For admission to the community as an occupant, an applicant must be considered desirable, must be compatible with the other
occupants of the community, and at least one person in 80% of the total occupied lots must be 55 years of age or older. All other occupants must be at least 40 years of age or older. The Community Owner reserves the right to accept an occupant younger than these requirements who is a handicapped dependent and a member of the occupant's immediate family. Upon application for residency, an applicant must provide copies of birth certificates for each occupant or such other documents, which if presented to the Social Security Administration, would be acceptable to establish age.
2. Children are not acceptable in the community, except for visitation of not more than fifteen (15) consecutive days
or thirty (30) total days per year. Residents are responsible for the behavior
of visiting children. Children up to age 15 must be supervised by an adult in
and around all recreation areas at all times.
3. Residents away for more than two (2) weeks please notify the office in advance as to what arrangements have been made for the necessary grounds care. Management reserves the right to do the necessary work so that the lot will meet the standards of the community. The costs will be, charged to the tenant as set forth in the Lease Agreement and the Prospectus.
4. No hanging clothes or laundry are permitted outside or near
manufactured homes.
5. Only tenants' cars may be washed in the community.
PLEASE -- speed limit not to exceed 15 miles per hour. No parking of vehicles on lawns or roads. No major repairs or overhaul of cars, boats, etc., is permitted on home site or roadways. No airboats or motorcycles. Mopeds or golf carts must be approved by the Resident Manager. No vehicles other than the family's only transportation shall be parked in driveway. Commercial vehicles, campers, travel trailers, boats, etc., shall be kept in the designated areas only.
6. Rental
rates are for not more than two persons. Each additional permanent resident
will be charged $ 25.00 per month.
Rents are payable only month in advance. If rent is paid after the fifth day, a late charge of $ per day from the first of the
month will be added. Tenants with street lights are required to keep lights operating during the evening hours.
7. Neither management nor owner shall be liable for accident or injury
to life or property through use of recreation facilities, or for loss or damage caused by accident, fire, theft, or act of God to any manufactured home. In the event tenant has called for fire, police, or ambulance, please notify the Resident Manager at the same time.
8. Management may evict tenant for those grounds as set forth in Florida Statutes, Chapter 723.
9. Pets: A maximum of two small pets are permitted, which at maturity must not weight greater than 20 pounds each. Pets must be confined to the interior of the home when the resident is not present and must be on a :Leash at all times when outside of tenant's home. They must be transported to areas outside of residence or common areas for exercise.
10. All homes will have brick skirting, attached utility shed,
carport, concrete driveway, concrete patio, irrigation, fully sodded lawn, and
concrete steps approved by the management. All additions or changes to the
original manufactured home and its exterior aluminum and concrete package must
have prior written approval from the Community Owner. (This is to maintain the
uniformity of the Community.) No tenancies were in existence as of June 4,
1984.
11. No exterior antennas are permitted.
12. Window unit air conditioners are not permitted.
13. All homes must be adequately insured for
liability.
14. Residents are at all times responsible for the actions of
their guests. Tenants, please advise your guests of the Rules & Regulations.
Guests not abiding by the Rules & Regulations will be asked to leave the
community. Guests wishing to use the facilities at Four Lakes Golf Club must, at all times, be accompanied by their host homeowner. In your absence, if guests have your permission to stay in your home, please advise management in advance.
On their arrival, please have them come to the manager's office.
15. The discharge of any type of firearms or the carrying of any exposed type of firearm is prohibited within the boundaries of Four Lakes Golf Club. These include pellet guns and air guns.
16. Any type of commercial business cannot be operated from a home in Four Lakes Golf Club. The zoning for Four Lakes Golf Club will not permit this.
17. Residents selling their manufactured home
cannot guarantee the prospective homeowner a site in the community. All
prospective buyers must be approved by management prior to moving into Four
Lakes Golf Club.
18. There will be no fences permitted on any lot.
19. No signs are permitted with the exception of one 9 x 14 inch "For Sale" sign in the window of the manufactured home.
20. No digging of soil will be permitted without prior consent from the management. All plantings must be approved by management. Owner-tenant must keep all plantings trimmed and in neat order (weeded).
21. Waste and refuse shall not be placed curbside for pickup
earlier than 7:00 p.m. of the evening prior to the day of pickup. Residents are responsible for cleaning up any scattered or remaining residue resulting from collection.
22. No one other than those executing the lease agreement shall
be allowed to reside upon the premises (lot) set forth in the lease agreement
without written consent from the Resident Manager. The purchase of your home by those who have not executed a Lease Agreement or obtained written consent from management shall not constitute permission or rights for purchaser(s) to reside within the community. All prospective residents must be approved by management and execute a lease agreement.
23. Loud noises, disorderly conduct, abusive,
profane or threatening language, harassment of residents or their guests, and
annoying parties shall not be permitted. Residents and their guests shall
conduct themselves so as not to interfere with the peaceful enjoyment of the
community by its residents.
24. Use of the community facilities, storage area
and boat slips are at your own risk. Please be careful!
25. Use of the community facilities are at your own risk. Please be careful.
26. All persons must use poolside shower before entering pool and after applying suntan lotion (oil). No rafts or floats are allowed in the pool. No food or glass containers are allowed in the pool area except under the canopy. Persons wearing swimming attire are not allowed in the clubhouse. Any additional rules governing the use of the shuffleboard courts, poolroom, game and card room, and swimming pool posted in those facilities shall become a part of these Rules & Regulations.
Owner-tenant, by execution of the lease, acknowledges that these
Rules & Regulations are a part of the lease. These Rules & Regulations
may be amended in accordance with Florida Statutes, chapter 723.
FOUR LAKES GOLF CLUB USER FEE AGREEMENT
The Community Owner and homeowner, as evidenced by the execution of this Agreement, do hereby agree to provision of the following described services for a fee as set forth below.
It is understood between the parties that the fee is to be charged for the service rendered and that the fee may be increased in the future upon notice as set out in the Prospectus. The basis for the increase in the fee will be those factors as set out in Section VIII(G) of the Prospectus. Any other user fees will be the subject of a separate agreement.
SERVICE FEE
Boat Slip
Community Owner Agent's Signature__________ Homeowner's Signature______
__
RV Storage (if applicable) $
Community Owner Agent's Signature___________ Homeowner's Signature________
Golf Membership Fee
Community Owner Agent's Signature _________ Homeowner's Signature__________
Trail Fee $
Community Owner Agent's Signature__________ Homeowner's Signature_________
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