Mapleton Mobile Home Park Lease

This Lease (the “Lease”) is made by and between Hast & Company (hereinafter referred to as “Agent”), as Agent for Mapleton Home Association, a Colorado non-profit corporation, (the “MHA”), and ______________________________________________ , undersigned Homeowner(s) (hereinafter referred to as “Homeowner”). MHA has been assigned the oversight of the management of the Mapleton Mobile Home Park (the “Park”) by Mapleton LLC, a Colorado limited liability company (the “Owner”), whose sole member is Thistle Community Housing.

During the term of this Lease, Homeowner is a member of MHA and is bound by its documents, including the By-Laws and Rules and Regulations (the “Rules”). Each household is entitled to one (1) vote.

A. Agent hereby leases to Homeowner the homesite described below (“the Homesite”):

B. Homesite: The homesite shall be used for the installation thereon of Homeowner’s mobile or manufactured home (the “Home”).

The Homesite Attachment contains more information on Homesite, such maximum home replacement size and size and placement of other structures.

C. Home: Any Home replacement and/or additional improvements must meet Master Site Plan guidelines. Any Home replacements and/or additional improvements must be pre-approved by the Agent. Please refer to the Rules for more information.

D. Parking: The leasing of the Homesite comes with the use of two (2) parking spaces as determined by Agent. Please refer to the current version of the Rules for more definition.

Homeowner must have a current Lease signed by all Parties and on file with the Agent to reside lawfully in the Mapleton Mobile Home Park. The term of this Lease shall commence on ________, _____ and end at midnight on ____________, ______. Following the initial period of this Lease as set forth above; the term of the Lease shall be a month-to-month lease beginning on the first day of the month unless the parties have agreed otherwise in writing. The Lease shall automatically be renewed for additional periods of one month each, unless terminated by either party as prescribed herein.

A. This Homeowner, on this Homesite, is participating in the Affordable Rent and Resale program rate as described in Section 4B or is market rate (mark the correct box):

A. Rent Tier: This lease is for the Rent Tier at ______% of the Area Median Income (AMI) which the Homeowner acknowledges is a below market Affordable Rent. In exchange for Affordable Rent, the Homeowner agrees to certain resale restrictions as outlined in Section 16 and the Affordability Addendum.

B. Rent: The full monthly rental price for the term of this Lease is $____________ payable monthly, due on the first (1st) day of each month, beginning ______________, _____. Prorated rent for the balance of the first month, if any, is $_______, payable upon execution of this Lease. Rent shall be paid by check, cashier’s check or money order. The rental rate may not be changed without sixty (60) days written notice prior to the end of the rental month.

C. Payments: Rent payments shall be made to Mapleton Home Association and mailed or hand-delivered to Agent, Hast Company, 525 Canyon Boulevard, Boulder, CO 80302, or may be hand-delivered to the Park’s Resident Manager. Homeowner should work with Agent regarding direct deposit option(s).

D. Late Fee: Homeowner shall incur and be charged Twenty-five dollars ($25.00) for rent not received before midnight on the fifth (5th) day of the month. Such fee, which will be considered additional rent, and may be collected immediately by Agent. As of October 2004 the Late Fee is $25.00. This Late Fee may change over time; please refer to the current versions of the Rules and Regulations for any changes.

E. Insufficient Funds Fee: A charge of up to Twenty-five dollars ($ 25.00) may be imposed for any Homeowner's check returned to Agent because of insufficient funds, whether the check is for rent, security deposit, or other payment. As of October 2004 the Insufficient Funds Fee is $25.00. This Fee may change over time; please refer to the current versions of the Rules and Regulations for any changes.

Unless otherwise specified in this Lease, all notices provided by this Lease shall be in writing and shall be delivered to the other party personally, or sent by first class mail, postage pre-paid, or securely conspicuously posted, as follows:

To Homeowner at: the Homesite, or at Homeowner's last known address (as provided in writing by Homeowner to Agent)

Notice to one resident of the Home on the Homesite and/or Homeowner of changes in the Rules and Regulations (the “Rules”) or other general matters shall be deemed to be notice to all residents and/or Homeowners in that Home on the Homesite. If notice is given personally or by posting, it shall be deemed completed at the time of either occurrence. If it is sent by mail, it shall be deemed completed three days after it was deposited in the U.S. mail, postage pre-paid.

A. Homeowner has agreed to pay Agent the sum of one month’s rent in the amount of $__________, as a security deposit to reimburse Agent for the cost of repairing any damage to the Homesite or the rest of the Mapleton Mobile Home Park Community (hereinafter referred to as the “Community”), except normal wear and tear, caused by the Homeowner, household member, or guests. Homeowner is also responsible for any damage expense in excess of the security deposit.

B. Homeowner may not use the security deposit in place of rent without the written permission of Agent.

C. It is the duty of Homeowner to return the Homesite to as good a condition as it had at the beginning of the Lease, reasonable wear and tear excepted. Any unauthorized structures or changes to the Homesite are not allowed. All structures on the homesite must meet Master Site Plan guidelines.

D. Except as provided below, Agent shall return the security deposit to Homeowner within sixty (60) days after termination of this Lease or surrender and acceptance of the Homesite, whichever occurs last. If actual cause exists for retaining any portion of the security deposit, Agent shall provide Homeowner with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. Agent is deemed to have complied with this paragraph D by mailing said statement and any payment required to the last known address of Homeowner. The failure of Agent to provide a written statement within the period of time stated above shall work a forfeiture of all Agent's rights to withhold any portion of the security deposit.

E. Interest per annum shall be paid in accordance with City of Boulder statutes regarding security deposits.

A. Homeowner acknowledges that this Lease includes the Mapleton Rules and Regulations (hereinafter referred to as the “Rules”) and agrees to abide by the Rules. Rules may be modified by MHA by providing 60 days advance written notice. Homeowner further agrees to be responsible for compliance with such Rules by all members or guests of Homeowner’s household.

B. In the event Homeowner does not maintain Homesite in accordance with the Rules, Agent may issue Homeowner a thirty (30) day notice to quit for cause and notice of right to cure. If Homeowner fails to correct those deficiencies and/or violations of the Rules as set forth in said notice within the thirty (30) day time period, Agent may, at its discretion, have work done to correct the deficiencies and/or violations and charge the Homeowner for costs incurred. Said costs will be billed as and considered to be additional rent due and payable with the next monthly Lease payment, or Agent may proceed with legal action for non-payment and/or non-compliance.

If Homeowner vacates the Mobile Home for more than a thirty (30) day period without prior notice to Agent, and is also in default under this Lease for non-payment of rent, the Mobile Home will be considered abandoned. Agent may terminate the Lease and remove and store all personal property, including the home.

Forty-five (45) days after the above Thirty (30) days where it reasonably appears Homeowner has abandoned the property, Agent may sell the property to pay for storage costs and any claims against Homeowner for outstanding lease obligations, including non-payment of rent, monies paid to restore lot for re-rental, management expenses related to storage and sale of personal property and/or damage to property and will attempt to return any remaining amounts to Homeowner. Agent may deduct from security deposit to meet code.

A. The Lease and the tenancy of Homeowner may be terminated by Homeowner upon at least thirty (30) days written notice to Agent prior to the end of any rental month. Failure to give such notice will obligate Homeowner to pay rent for one additional month. Homeowner agrees to surrender the Homesite on expiration or termination in as good condition as it was upon execution of the Lease, reasonable wear and tear excepted. All charges payable shall be paid in full prior to removal of Homeowner’s home from the Homesite. Rent and other charges, if applicable, shall continue to accrue until Homeowner’s home and all personal possessions are removed from the Homesite. Upon termination of tenancy, Homeowner shall leave all landscaping and other permanent improvements to the Homesite intact unless otherwise specified in writing by Agent. Non-approved improvements shall be removed at the Homeowner’s expenses.

B. The lease and the tenancy of Homeowner may be terminated by Agent in accordance with Colorado law, including the Colorado Mobile Home Park Act [Section 38-12-200.1 et seq. C.R.S.], for any of the following reasons:

3. Conduct by Homeowner in the Community which constitutes an annoyance to other Homeowners or interferes with the management of the Community.

4. Conduct of the Homeowner or any guest, agent, invitee or associate of the Homeowner that:

a) occurs in the Community and unreasonable endangers the life of any employee, officer, director, contractor or agent of the Agent, MHA, and/or Owner, any Homeowner, any person living in the Community, or any guest, agent, invitee, or associate of the Homeowner;

b) occurs in the Community and constitutes willful, wanton or malicious damage to or destruction of property of the MHA, Owner or Agent, any Homeowner, any person living in the community, or any guest, agent, invitee or associate of the Homeowner;

c) occurs in the Community and constitutes a felony prohibited under Article 3, 4, 6, 7, 9, 10, 12 or 18 of Title 18 of the Colorado Revised Statutes, including, but not limited to, illegal drug use or drug-trafficking, and possession of an illegal weapon, or

a. is the basis for a pending action to declare the Home or any of its contents a class I public nuisance under Section 16-13-303 of the Colorado Revised Statutes.

b. Refer to the Rules and Regulations for Colorado law updates pertinent to this Section.

2. Homeowner’s making or causing to be made statements, which Homeowner knows are false or misleading on an application for residency.

3. Failure of Homeowner to obey local ordinances and state laws and regulations related to manufactured housing.

5. Failure to provide income and asset information and participate in the qualifying process as applicable to affordable tiers in transfers and/or resales and/or failure to sell to a qualified buyer as outlined in Section 16.

C. Homeowner shall continue to be liable for rent and be bound by the other provisions of this Lease during the time Homeowner remains in possession of the Homesite even though Agent has chosen to terminate the Lease. Agent will attempt to re-rent the Homesite to minimize any loss.

D. Holding over: If Homeowner does not leave at the end of the Lease term, Agent may pursue any remedies available under the Colorado Mobile Home Park Act, C.R.S. Sec. 38-12-200.1 et seq., as amended from time to time, or any other remedies available under law or in equity to remove Homeowner’s belongings and the Home, retake possession of the property, and to enforce any other provisions of this Lease.

The names of persons who are to occupy the Home on the Homesite as members of Homeowner’s household are as follows:

All homes in the Park are to be resident owned and occupied. The resident is expected to live in the home for at least 8 months out of each year. Please refer to the current version of the Rules for the exceptions policy.

Homeowner shall use the homesite for residential purposes. Certain business use is permitted. Please refer to Mobile Home Standards page 2 of the Rules for more detailed information on Homesite use.

Homeowner, members of Homeowner’s household, and guests or other persons under the Homeowner’s control shall not engage in any illegal activities on the premises and/or within the Community.

Home Access: Agent reserves the right to enter Homeowner’s Home, without notice or liability, only in the case of an emergency when access to the home is required, in the best judgment of Agent, to protect the immediate welfare of persons or property in or adjoining the home. Agent reserves the right to enter homeowner’s Home, with advance notice, in those cases where such access is required to address problems with electric, water, sewer, or other common systems in the Park. In no other cases shall Agent have the right to enter the Home, except as provided by law, or pursuant to its remedies hereunder in the event of default, abandonment or termination of the Lease.

Homesite Access: Agent, MHA, and/or Owner may inspect any portion of the Homesite except the interior(s) of Improvements owned by Homeowner, at any reasonable time, and in any reasonable manner, upon at least 72 hours oral notice to Lessee. In the event of emergency, Agent, MHA and/or Owner may inspect any portion of the Leased Premises except the interior(s) of Improvements owned by Homeowner without notice provided Agent, MHA and/or Owner shall have made reasonable efforts to give 24 hours advance notice to Homeowner, if possible. Owner may not enter or inspect the interiors of homes or other improvements or enclosed property, including vehicles, of Homeowner without the permission of such Homeowner. With notice, the Agent, MHA and/or Owner may enter the homesite to inspect the pad and area underneath the home as needed for infrastructure work.

Within 3 business days after the beginning of the Lease term, Homeowner shall arrange for the utilities or services to be supplied and for billing directly to Homeowner, unless otherwise agreed here: ______________________________________________________. .

Agent shall not be liable for damages for failure to furnish the utilities or services when the cause of such failure is beyond Agent's reasonable control.

No assignment of this Lease is permitted. No subleasing is permitted, except as provided in this paragraph.

Homeowner may not own more than one (1) home and may not rent more than that one (1) homesite in the Community.

Legal Guardians may be the Homeowner and sublease the Home to the person(s) in their guardianship if the person(s) qualifies. A copy of the pertinent legal guardian documents must on file with the Agent.

Limited Rentals

Homeowner may rent rooms within the bounds of this lease. This covers not only individual rooms, but the entire home if rented during Homeowner’s absence. If individual room(s) are rented while Homeowner is present, the following conditions apply. Also, for long absences, within the guidelines in Section 11, the entire home may be rented under the following conditions:

3. For each room rental, a short-term rental agreement between Homeowner and renter needs to be pre-approved by the Agent.

Should the Homeowner decide to sell his or her Home, MHA and Owner shall have the option to purchase the Homeowner’s Home at its appraised value.

A. The Homeowner shall promptly notify both MHA and Owner in writing of intent to sell the Home and the date on which Homeowner wishes to vacate the Home. MHA and Owner shall have ten (10) business days after receipt of the notice to inspect the Home and decide whether to buy the Home. In the event that MHA or Owner choose to exercise its option, MHA or Owner will notify the Homeowner and choose an appraiser meeting the criteria set forth below, and the Homeowner and a representative of MHA or Owner will meet with the appraiser on the site in order to have the value of the Home appraised at MHA or Owner’s (depending on which party is exercising the Option to Purchase) expense as quickly as possible, but in no case to exceed thirty (30) days from the date MHA or Owner gives notice to the Homeowner that it is exercising its option.

The homeowner may waive his or her right to meet with the appraiser orally or in writing, and MHA or Owner shall be entitled to proceed without the Homeowner if he or she fails or refuses to meet at a time convenient to MHA or Owner and appraiser within thirty-six (36) hours of notification of such meeting. The appraised value of the Home will be determined by a duly qualified appraiser with at least five years experience in appraising manufactured housing within the State of Colorado, preferably within the City of Boulder. MHA and/or Owner shall maintain a list of qualified appraisers. The appraisal shall be conducted in accordance with the following assumptions and procedures:

1. The N.A.D.A. appraisal system for manufactured home valuation shall be used; and

3. The Home shall be appraised free and clear of any and all liens and encumbrances unless otherwise stated by MHA/TCH; and

4. The Home shall be in full compliance with applicable federal, state, and local zoning and environmental regulations unless any deviation is identified by MHA or Owner; and

5. A month-to-month ground lease exists on the Home site and no valuation or consideration of land in fee simple is given; and

1. The purpose of the appraisal shall be to estimate the unencumbered market value of the personal property in its present location; and

2. The Affordable Rent, as described in Section 4, will be taken into consideration.

A. Upon receipt of the appraisal, MHA or Owner shall communicate the appraised value to the Homeowner. Within seven (7) days, the Homeowner must do one of the following:

1. Allow MHA or Owner, at MHA or Owner’s expense, to draw up a contract to purchase the Home on a date to be set by MHA or Owner no more than 30 days after receipt of the appraisal, or on the date on which Homeowner had originally notified MHA/TCH he or she wished to vacate the Home, whichever is the later date or

1. Notify MHA and Owner that the Homeowner wishes to obtain a second appraisal at the Homeowner’s expense. The Homeowner will then choose a second appraiser meeting the criteria set forth above, and MHA or Owner and the Homeowner will commission a second appraisal utilizing the assumptions and procedures set forth above. The appraiser will have fourteen (14) days from the date of the receipt of the first appraisal to submit a second appraisal. If the second appraisal amount differs from the first appraisal amount, then the sale price shall be set at the midpoint of the two appraised values. Upon submission of the second appraisal, MHA or Owner shall, at MHA or Owner’s expense, draw up a contract to purchase the Home on a date to be set by MHA or Owner no more than 30 days after receipt of the first appraisal, or on the date on which Homeowner had originally notified MHA and Thistle/Owner he or she wished to vacate the Home, whichever is the later date.

A. In the event MHA and Owner choose not to exercise its option to purchase the Home, the Homeowner is hereby advised that MHA or its Agent will not under any circumstances enter into a lease for a Homesite with a Home buyer whose gross annual income exceeds the Affordability requirements as set forth in the restrictions for each tier.

Upon (i) receipt of notice from Homeowner, or (ii) upon receipt of notice from the executor of the decedent’s estate given within ninety (90) days of the death of the Homeowner (or the last surviving co-owner of the Home), Owner shall, unless for good cause shown, consent to a transfer of the Home and signing a new Lease to and with one or more of the following possible transferees or heirs of Homeowner:

3. member(s) of the Homeowner’s household who have resided upon the premises for at least one year prior to the receipt of notice from the Homeowner or at least one year prior to Homeowner’s death.

Any other person or persons who are heirs, legatees or devisees of the Homeowner must demonstrate to Land Owner’s reasonable satisfaction that their income and assets meet the definition of Area Median Income per Section 4 and Section 16, and if any such person is unable to do so, then such person shall not be entitled to possession of the homesite but must transfer the homesite in accordance with the provisions hereof.

In the event MHA or Owner does not exercise the Purchase Option per Section 15, the following provisions apply:

A. Affordable Homes –This Lease cannot be assigned. However, a new lease may be entered into with a proposed buyer of the Home if the income and assets of a proposed new buyer have been reviewed and approved in advance through the Agent and the Thistle Community Land Trust (CLT) program. The new buyer must be certified as qualifying for lease of the Homesite and acquisition of the Home through the Thistle CLT program. The income of the proposed buyer must not be greater than that AMI % shown in Section 4 unless the Exit Clause is being applied (see Addendum). Tier swapping is a possible option if a suitable partner can be found at the appropriate time (see Addendum). The new lease will contain the current rent rate that corresponds to the AMI % level of the homesite.

Homeowner will work with Thistle/Owner, MHA and Agent so that the terms of the Lease are satisfied and the Resale meets the criteria of the Thistle CLT program as applied to this Community. Thistle/Owner will receive a Resale Fee of up to 3% of the sales price of the Home. In no case will the total of the Resale Fee and any Realtor Fee(s) exceed 6% of the Sales Price.

B. Market Rate – Homeowner will work with MHA and Agent so that the terms of the Lease are satisfied by the Resale. This includes having any buyer pre-approved by the Agent’s standard qualifying process, which may include credit and background checks.

The Homeowner is responsible for insurance as outlined below. Neither Agent, MHA, nor Owner will provide insurance with respect to the Homeowner’s Home or other property and assumes no liability in the event of loss or damage of such property. Specifically Agent, MHA, and Owner disclaim any and all liability for damage or injury to the body and personal property of the Resident and of his/her household members, tenants, licensees, and invitees caused by natural occurrences, including, without limitation, flood, hail, wind, lightning, snow, ice, and fire, or by theft, vandalism, assault, battery, and man-made fire. Homeowner acknowledges and accepts this disclaimer and releases Agent, MHA, and Owner from any and all such liability. Homeowner shall obtain and maintain all fire, property, liability and other insurance with respect to the Home and Homeowner’s other property as he or she believes to be prudent.

Reasonable attorney’s fees and all costs and reasonable expenses incurred by Agent by reason of a default by Homeowner, or in obtaining compliance with requirements of this Lease, shall constitute additional sums to be paid by Homeowner, payable on demand, unless the action results in a judgment. In the event of any legal action concerning this Lease which results in a judgment, the losing party shall pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court.

This Lease shall be subordinate to all existing and future Owner and/or MHA mortgages and deeds of trust upon the real property that includes the Homesite.

Any waiver by either party of any breach of any provision of this Lease shall not be considered to be a continuing waiver or a waiver of a subsequent breach of the same or a different provision of this Lease.

The unenforceability of any provision or provisions of this Lease shall not affect the enforceability of any other provision or provisions.

If this Lease is signed on behalf of Homeowner by more than one person, then the liability of the persons so signing shall be joint and several. The language "joint and several" means that if more than one person has signed this Lease, then each of these persons individually and all of these persons collectively are fully responsible for fulfilling all of the obligations of this Lease, except where expressly otherwise agreed between owner/agent and Homeowner. For example, one person signing the Lease may be liable for any or all damages to the premises, even if caused by another person signing the Lease, and one person signing the Lease is liable for the total amount of rent due, even though other persons have also signed the Lease.*

This Lease and all covenants, conditions, terms, and provisions hereof are binding upon and shall inure to the benefit of the successors and assigns of Agent and shall be obligations binding upon the heirs, executors, administrators and, to the extent herein permitted, upon and to the assigns of the Homeowner.

This Lease and the Rules contain the entire agreement between the parties and may not be changed except by written amendment.

This Lease may be modified in writing by MHA with sixty (60) days prior written notice or shorter notice, if required by health, safety or emergency conditions. The Rules, which are part of this Lease, may also be modified by MHA with sixty (60) days prior written notice.

Only small animals, which remain within the home (i.e. birds, fish, etc.), are allowed. No other pets are permitted. Companion and service animals assisting persons with disabilities are not considered pets and therefore are allowed. Cats are allowed if tagged with the owners name & phone number, spayed or neutered with current shots that are registered with the Management company. Cats are to remain inside the home or on a leash or attended at all times. No dogs are allowed. Companion and service animals assisting persons with disabilities are not considered pets and therefore are allowed in accordance with Companion / Service Animal Agreement (Refer to Companion Animal Agreement.)

Name________________________ Cat Companion/Service Animal Tag Number _______________ Age ____________

Name________________________ Cat Companion/Service Animal Tag Number ______________Age ____________

If Companion/Service Animal, date of approval by the Management Committee: ______________________

27. Statement from Home owner: Home owner acknowledges that there is or is not a security agreement (i.e loan agreement etc.), if so, please list the following information about said holder of this agreement:

Grievance Procedure and Appeal Procedure

The Mapleton Home Association will make every effort to resolve any problem that arises as a result of the MHA's

management of Mapleton Mobile Home Park. To resolve problems in a manner that provides due process and consideration

to both/all parties, there is a grievance procedure in place. Please refer to the Rules for the detailed procedure.

This Lease is a binding legal document. By signing it, Homeowner and Agent agree to be bound by everything it contains.

I/We have read and understand all of the above and agree to abide by this Lease and Rules contained herein. I/We further understand that failure to comply with this Lease or the Rules can be grounds for legal recourse including, without limitation, eviction.

*The portions of this Lease which appear in italics are for educational purposes only. They are not part of the Lease agreement itself and do not create any obligations under this Lease.

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