LEASE OF WINDMILL CAMPER/MOTOR HOME SPACE
You will be required to sign a lease containing the following agreements, covenants, and conditions:
1. Use of Premises. The Lessee agrees only to use the leased premises as follows: to place a camper/motor home of size and design as specified by the landlord on the lot, and will not use the premises, or permit use of the premises, for any other purpose or by placing any other structure on the premises without the prior written consent of the Lessor.
2. Care of Premises. The Lessee will take good care of the leased premises, and will not commit any waste on the leased premises or allow a nuisance to exist on the leased premises. Lessor will mow the lawn on the lot that is rented in the growing season. Leesee will keep the lot free and clear of all debris and garbage at all times. Lessee shall use the garbage containers located near the front of the campground.
3. Pets. There is a limit of two (2) pets allowed on each lot. Lessee’s pet(s) must be kept on a leash or tie out while outside. Lessee is responsible to clean up after Lessee’s pet. If the Lessee does not comply with pet rules, written notice will be given of violation and after three (3) such written notices, Lessor shall require the Lessee to remove the pet from the premises. A $20 fine will be assessed for any pet waste not disposed of properly by the Lessee.
4. Rules. Lessee shall observe and comply with such reasonable rules as the landlord may prescribe on written notice to the Lessee for the safety, comfort, quiet, and convenience of the other occupants of the campground as determined by the Lessor on an as needed basis.
5. CHILDREN: Tenant shall not allow children under age 12 to remain unattended on premises. Tenant shall not allow their children or visiting children to play or run in non-common areas or parking lots, or to disturb neighboring campers.
6. Eminent Domain. If the leased premises, or any part thereof, are taken by a virtue of eminent domain, this lease shall expire on the date when the same shall be so taken and the rent shall be apportioned as of said date. No part of any award, however, shall belong to the Lessee.
7. Repairs. The Lessee must report any issue or equipment that is not good repair, and must not place obstructions on the driveways, but must keep these areas clean of trash.
8. Parking Space. No parking is allowed on the common grass areas or at any other camping space.
9. Lessor’s Access to Premises. The Lessee agrees that the Lessor shall have the right to enter into and upon the premises, or any part thereof, at all reasonable hours for the purpose of examining the same, or making such repairs or alterations as may be necessary for the safety and preservation thereof.
10. Indemnification. Lessor shall not be liable for any damage of injury to person or property occurring within the leased premises, unless caused by or resulting from the negligence of the Lessor or any of the Lessor’s agents, servants, or employees, in the operation or maintenance of the leased premises.
11. Laundry Area and Bathhouse. The laundry facilities are provided for the use by the lessee only. Lessee agrees and represents that all use of all facilities shall be undertaken at his/her own risk, and Woody and Mindy Houser and/or their respective agents and employees shall not be liable for any claims, demands, injuries, damages, actions whatsoever, to the lessee or his/her property arising out of, or connected with the use of any of the facilities.
12. Termination. The Lessee agrees to remove the camper/motor home from the leased premises prior to or on the date on which the lease is to terminate.
13. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by registered mail in a postage-paid envelope addressed, if to the Lessee, at the leased premises, and if to the Lessor, at the address noted on the lease.
14. Quiet Enjoyment. The Lessor covenants that the Lessee, on paying the rent and performing the covenants hereof, shall peaceably and quietly have, hold, and enjoy the leased premises for the term herein mentioned.
15. Violation of Terms of Lease and Notices to Tenant. If Lessee does not comply with all obligations imposed upon the Lessee in the terms of this lease or any other rules as the Lessor may prescribe on written notice to the tenant, the Lessor will provide a written notice thereof to the Lessee and after three (3) such notices, the Lessor reserves the right to terminate the terms of this lease pursuant to South Dakota law.
16. Special Provision Regarding Rent Payment. The Lessee shall pay Lessee’s rent on a calendar basis, payable in advance and without demand to Lessor, made payable and delivered to Mindy and/or Woody Houser on or before the 1st day of the month without a grace period. Rent paid after the 5th of each month shall be deemed as late and Lessee agrees to pay late charges of $40.00. In addition, there will be a $50.00 charge to Lessee for returned checks.
17. Insurance. In view of the indemnification clause provided for in Paragraph 10 of this lease agreement, the Lessee agrees to and shall save, hold, and keep harmless and indemnify Lessor from and for any and all payments, expenses, costs, reasonable attorney’s fees, and from and for any and all claims and liabilities for losses or damage to property or injuries to persons occasioned fully or in part, by, or resulting from any act or omissions by Lessee or Lessee’s guests, licensees, invitees, or for any cause or reason whatsoever arising out of or by reason of the occupancy by Lessee. The Lessee further agrees and acknowledges that all goods and personal property of any kind in or upon the leased premises shall be the sole responsibility of Lessee, and in no event shall Lessor be liable for any loss or damage to said goods or property for any reason whatsoever. Further, Lessor shall not be liable for any damage or injury which may be sustained by Lessee or any other person, as a consequence of the failure, breakage, leakage, or obstruction of the water, sewer, waste, or soil pipes, or the electrical, gas, or oil system; or by reason of the elements; or resulting from the carelessness, negligence, or improper conduct on the part of any other person or attributable to any interference with, interruption of, or failure beyond the control of Lessor of any services to be furnished by Lessor, if any. In view of this, Lessor acknowledges and agrees that Lessee shall be solely responsible to provide wind, hail, flood, casualty, liability, and hazard insurance with respect to Lessee’s personal property located in, around, or near Lessee’s camper/motor home. In addition, Lessee agrees that upon purchasing such insurance that Lessee shall name Lessor as an additional insured with respect to the premises’ liability portion of the liability insurance policy.
18. Miscellaneous Provisions. This is the full and complete agreement of the parties and supersedes all negotiations leading hereto. This agreement is binding upon the parties hereto, their heirs, heirs at law, assigns, personal representatives, administrators, and successors in interest. The consideration required to make this agreement binding is the mutual exchange of promises made herein.