Use of Leased Land. 4.1 HOMEOWNER SHALL OCCUPY THE HOME AS PRINCIPAL RESIDENCE AND MAY USE IT ONLY FOR RESIDENTIAL AND RELATED PURPOSES: The Home and Leased Land shall be occupied and used by the Homeowner as Homeowner’s principal residence. Homeowner shall use, and allow others to use, the Home and Leased Land only for residential purposes and any incidental activities related to residential use that are permitted by applicable law and regulations. Any use of the Home and Leased Land or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited. Use of the Leased Land shall be further limited by the restrictions described in the attached Exhibit F: RESTRICTIONS. 4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY AND IN COMPLIANCE WITH THE LAW: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public or private nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 of this Lease. 4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner’s permission and shall make all such people aware of the restrictions on use set forth in this Lease. 4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST TEN (10) MONTHS EACH YEAR: Homeowner shall occupy the Home for at least ten (10) months of each year of this Lease, unless otherwise agreed by ACLT. In the absence of the Homeowner, occupancy by Homeowner’s child, spouse or other persons approved by ACLT may be counted as occupancy by Homeowner for up to six (6) months in any thirty six (36) month period, not to exceed a maximum of four (4) months in any consecutive twelve (12) months. Neither compliance with the occupancy requirement nor ACLT’s permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below. 4.5 SUBLEASING NOT PERMITTED WITHOUT ACLT’S PERMISSION. Homeowner shall not sublease the Home and/or any of Homeowner’s rights under this Lease or allow the Home to be occupied by others, for any period of time, without the written permission of ACLT. Homeowner agrees that ACLT shall have the right to withhold such consent in order to further the purposes of this Lease. Occupancy for more than 3 months by anyone other than the Homeowner or Homeowner’s immediate family is considered a sublease. If permission for subleasing is granted, the sublease shall be subject to the following conditions. a) Any such sublease shall be subject to all the terms of this Lease, including, without limitation, all prohibitions, restrictions and other provisions applicable to the sale, assignment, sublease or other transfer of the Home and/or this Lease as provided herein. b) Neither the Leased Land nor the Home shall be subleased to or occupied by any third party who is not qualified by ACLT or ACLT’s agent for affordable housing, as defined in Article
Appears in 3 contracts
Samples: Ground Lease, Ground Lease, Ground Lease
Use of Leased Land. 4.1 HOMEOWNER SHALL OCCUPY MAY USE THE HOME AS PRINCIPAL RESIDENCE AND MAY USE IT ONLY FOR RESIDENTIAL AND RELATED PURPOSES: The Home and Leased Land shall be occupied and used by the Homeowner as Homeowner’s principal residence. Homeowner shall use, and allow others to use, the Home and Leased Land only for residential purposes and any incidental activities related to residential use that are were permitted by applicable local zoning law and regulations. Any use of when the Home and Leased Land or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited. Use of the Leased Land shall be further limited by the restrictions described Lease was signed, as indicated in the attached Exhibit F: RESTRICTIONSZONING.
4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY RESPONSIBILY AND IN COMPLIANCE WITH THE LAW: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public or private nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 of this Lease.
4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner’s permission and shall make all such people aware of the restrictions on use set forth in this Lease.
4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST TEN (10) MONTHS EACH YEAR: Homeowner shall occupy the Home for at least ten (10) months of each year of this Lease, unless otherwise agreed by ACLTCLT. In the absence of the Homeowner, occupancy Occupancy by Homeowner’s child, spouse spouse, domestic partner or other persons approved by ACLT may CLT shall be counted as considered occupancy by Homeowner for up to six (6) months in any thirty six (36) month period, not to exceed a maximum of four (4) months in any consecutive twelve (12) monthsHomeowner. Neither compliance with the occupancy requirement nor ACLTCLT’s permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below.
4.5 SUBLEASING LEASED LAND MAY NOT PERMITTED BE SUBLEASED WITHOUT ACLTCLT’S PERMISSION. : Except as otherwise provided in Article 8 and Article 10, Homeowner shall not sublease the Home and/or sublease, sell or otherwise convey any of Homeowner’s rights under this Lease or allow the Home to be occupied by othersLease, for any period of time, without the written permission of ACLTCLT. Homeowner agrees that ACLT CLT shall have the right to withhold such consent in order to further the purposes of this Lease. Occupancy for more than 3 months by anyone other than the Homeowner or Homeowner’s immediate family is considered a sublease. If permission for subleasing is granted, the sublease shall be subject to the following conditions.
a) Any such sublease shall be subject to all of the terms of this Lease, including, without limitation, all prohibitions, restrictions and other provisions applicable to the sale, assignment, sublease or other transfer of the Home and/or this Lease as provided herein.
b) Neither The rental or occupancy fee charged the Leased Land nor sub-lessee shall not be more than the Home shall be subleased amount of the Lease Fee charged the Homeowner by the CLT, plus an amount approved by CLT to or occupied by any third party who is cover Homeowner’s costs in owning the Home, including but not qualified by ACLT or ACLT’s agent for affordable housinglimited to the cost of taxes, as defined in Articleinsurance and mortgage interest.
Appears in 2 contracts
Samples: Community Housing Development Organization Agreement, Home Affordable Housing Development Agreement
Use of Leased Land. 4.1 HOMEOWNER SHALL OCCUPY THE HOME AS PRINCIPAL RESIDENCE AND MAY USE IT ONLY FOR RESIDENTIAL AND RELATED PURPOSESHomeowner may use the home only for residential and related purposes: The Home and Leased Land shall be occupied and used by the Homeowner as Homeowner’s principal residence. Homeowner shall use, and allow others to use, the Home and Leased Land only for residential purposes and any incidental activities related to residential use that are were permitted by applicable local zoning law and regulations. Any when the Lease was signed.
4.2 Homeowner must use of the Home and Leased Land or activity thereon which is inconsistent responsibility and in compliance with such exclusive residential use is expressly prohibited. Use of the Leased Land shall be further limited by the restrictions described in the attached Exhibit F: RESTRICTIONS.
4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY AND IN COMPLIANCE WITH THE LAWlaw: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public or private nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 of this Lease.
4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERSHomeowner is responsible for use by others: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner’s permission and shall make all such people aware of the restrictions on use set forth in this Lease.
4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST TEN (10) MONTHS EACH YEARHomeowner must occupy the home for at least 240 days each year: Homeowner shall occupy the Home for at least ten (10) months 240 days of each year of this Lease, unless otherwise agreed by ACLTCLT. In the absence of the Homeowner, occupancy Occupancy by Homeowner’s child, spouse or other persons approved by ACLT may CLT shall be counted as considered occupancy by Homeowner for up to six (6) months in any thirty six (36) month period, not to exceed a maximum of four (4) months in any consecutive twelve (12) monthsHomeowner. Neither compliance with the occupancy requirement nor ACLTCLT’s permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below.
4.5 SUBLEASING NOT PERMITTED WITHOUT ACLT’S PERMISSION. Leased Land may not be subleased without CLT's permission: Except as otherwise provided in Article 8 and Article 10, Homeowner shall not sublease the Home and/or sublease, sell or otherwise convey any of Homeowner’s rights under this Lease or allow the Home to be occupied by othersLease, for any period of time, without the written permission of ACLTCLT. Homeowner agrees that ACLT CLT shall have the right to withhold such consent in order to further the purposes of this Lease. Occupancy for more than 3 months by anyone other than the Homeowner or Homeowner’s immediate family is considered a sublease. If permission for subleasing is granted, the sublease shall be subject to the following conditions.
a) Any such sublease shall be subject to all of the terms of this Lease, including, without limitation, all prohibitions, restrictions and other provisions applicable to the sale, assignment, sublease or other transfer of the Home and/or this Lease as provided herein.
b) Neither The rental or occupancy fee charged the sub-lessee shall not be more than the amount of the Lease Fee charged the Homeowner by the CLT, plus an amount approved by CLT to cover Homeowner’s costs in owning the Home, including but not limited to the cost of taxes, insurance and mortgage interest.
4.6 CLT has a right to inspect the Leased Land: The CLT may inspect any part of the Leased Land nor and/or Home at any reasonable time, after notifying the Homeowner at least 24 hours before the planned inspection. No more than two (2) regular inspections may be carried out in a single year, except in the case of an emergency. In an emergency, the CLT may inspect any part of the Leased Land and/or Home shall be subleased after making reasonable efforts to inform the Homeowner before the inspection.
4.7 Homeowner has a right to quiet enjoyment: Homeowner has the right to quiet enjoyment of the Leased Land. The CLT has no desire or occupied intention to interfere with the personal lives, associations, expressions, or actions of the Homeowner in any way not permitted by any third party who is not qualified by ACLT or ACLT’s agent for affordable housing, as defined in Articlethis Lease.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease
Use of Leased Land. 4.1 HOMEOWNER SHALL OCCUPY MAY USE THE HOME AS PRINCIPAL RESIDENCE AND MAY USE IT ONLY FOR RESIDENTIAL AND RELATED PURPOSES: The Home and Leased Land shall be occupied and used by the Homeowner as Homeowner’s principal residence. Homeowner shall use, and allow others to use, the Home and Leased Land only for residential purposes and any incidental activities related to residential use that are permitted by applicable law local codes and regulations. Any use by the Declaration of Covenants, Conditions and Restrictions (CC&Rs) of the Home and Leased Land or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited. Use of the Leased Land shall be further limited by the restrictions described in the attached Exhibit F: RESTRICTIONSBridger View Owners Association.
4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY AND IN COMPLIANCE WITH THE LAW: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public or private nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 of this Lease.
4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner’s permission and shall make all such people aware of the restrictions on use set forth in this Lease.
4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST TEN (10) MONTHS EACH YEAR: Homeowner shall occupy the Home for at least ten (10) months of each year of this Lease, unless otherwise agreed by ACLTHCHT. In the absence of the Homeowner, occupancy Occupancy by Homeowner’s child, spouse spouse, domestic partner or other persons approved by ACLT may HCHT shall be counted as considered occupancy by Homeowner for up to six (6) months in any thirty six (36) month period, not to exceed a maximum of four (4) months in any consecutive twelve (12) monthsHomeowner. Neither compliance with the occupancy requirement nor ACLTHCHT’s permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below.
4.5 SUBLEASING LEASED LAND MAY NOT PERMITTED BE SUBLEASED WITHOUT ACLTHCHT’S PERMISSION. : Except as otherwise provided in Article 8 and Article 10, Homeowner shall not sublease the Home and/or home or any part of the home, including to rent-paying roommates, or sell or otherwise convey any of Homeowner’s rights under this Lease or allow the Home to be occupied by others, for any period of time, without the written permission of ACLTHCHT. Homeowner agrees that ACLT HCHT shall have the right to withhold such consent in order to further the purposes of this Lease. Occupancy for more than 3 months by anyone other than the Homeowner or Homeowner’s immediate family is considered a sublease. If permission for subleasing is granted, the sublease shall be subject to the following conditions.
a) Any such sublease shall be subject to all of the terms of this Lease, including, without limitation, all prohibitions, restrictions and other provisions applicable to the sale, assignment, sublease or other transfer of the Home and/or this Lease as provided herein.
b) Neither The rental or occupancy fee charged the sub-lessee shall not be more than the amount of the Lease Fee charged the Homeowner by HCHT, plus an amount approved by HCHT to cover Homeowner’s costs in owning the Home, including but not limited to the cost of taxes, insurance and mortgage interest.
4.6 HCHT HAS A RIGHT TO INSPECT THE LEASED LAND AND IMPROVEMENTS: HCHT may inspect any part of the Leased Land nor including the Home shall be subleased interiors of fully enclosed buildings, at any reasonable time, after notifying the Homeowner at least 48 hours before the planned inspection. In an emergency, HCHT may inspect any part of the Leased Land including the interiors of fully enclosed buildings, after making reasonable efforts to inform the Homeowner before the inspection. If HCHT has received an Intent-To-Sell Notice (as described in Section 10.4 below), then HCHT has the right to inspect the interiors of all fully enclosed buildings to determine their condition prior to the sale. HCHT must notify the Homeowner at least 48 hours before carrying out such inspection.
4.7 HOMEOWNER HAS A RIGHT TO QUIET ENJOYMENT: Homeowner has the right to quiet enjoyment of the Leased Land. HCHT has no desire or occupied intention to interfere with the personal lives, associations, expressions, or actions of the Homeowner in any way not permitted by any third party who is not qualified by ACLT or ACLT’s agent for affordable housing, as defined in Articlethis Lease.
Appears in 1 contract
Samples: Ground Lease
Use of Leased Land. 4.1 HOMEOWNER SHALL OCCUPY MAY USE THE HOME AS PRINCIPAL RESIDENCE AND MAY USE IT ONLY FOR RESIDENTIAL AND RELATED PURPOSES: The Home and Leased Land shall be occupied and used by the Homeowner as Homeowner’s principal residence. Homeowner shall use, and allow others to use, the Home and Leased Land only for residential purposes and any incidental activities related to residential use that are were permitted by applicable local zoning law and regulations. Any use of when the Home and Leased Land or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited. Use of the Leased Land shall be further limited by the restrictions described Lease was signed, as indicated in the attached Exhibit F: RESTRICTIONSZONING.
4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY RESPONSIBILY AND IN COMPLIANCE WITH THE LAW: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public or private nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 of this Lease.
4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner’s permission and shall make all such people aware of the restrictions on use set forth in this Lease.
4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST TEN (10) 11 MONTHS EACH YEAR: Homeowner shall occupy the Home for at least ten eleven (1011) months of each year of this Lease, unless otherwise agreed by ACLTCLT. In the absence of the Homeowner, occupancy Occupancy by Homeowner’s child, spouse spouse, domestic partner or other persons approved by ACLT may CLT shall be counted as considered occupancy by Homeowner for up to six (6) months in any thirty six (36) month period, not to exceed a maximum of four (4) months in any consecutive twelve (12) monthsHomeowner. Neither compliance with the occupancy requirement nor ACLTCLT’s permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below.
4.5 SUBLEASING LEASED LAND MAY NOT PERMITTED BE SUBLEASED WITHOUT ACLTCLT’S PERMISSION. : Except as otherwise provided in Article 8 and Article 10, Homeowner shall not sublease the Home and/or sublease, sell or otherwise convey any of Homeowner’s rights under this Lease or allow the Home to be occupied by othersLease, for any period of time, without the written permission of ACLTCLT. Homeowner agrees that ACLT CLT shall have the right to withhold such consent in order to further the purposes of this Lease. Occupancy for more than 3 months by anyone other than the Homeowner or Homeowner’s immediate family is considered a sublease. If permission for subleasing is granted, the sublease shall be subject to the following conditions.
a) Any such sublease shall be subject to all of the terms of this Lease, including, without limitation, all prohibitions, restrictions and other provisions applicable to the sale, assignment, sublease or other transfer of the Home and/or this Lease as provided herein.
b) Neither The rental or occupancy fee charged the Leased Land nor sub-lessee shall not be more than the Home shall be subleased amount of the Lease Fee charged the Homeowner by the CLT, plus an amount approved by CLT to or occupied by any third party who is cover Homeowner’s costs in owning the Home, including but not qualified by ACLT or ACLT’s agent for affordable housinglimited to the cost of taxes, as defined in Articleinsurance and mortgage interest.
Appears in 1 contract
Samples: Ground Lease Agreement
Use of Leased Land. 4.1 HOMEOWNER SHALL OCCUPY MAY USE THE HOME AS PRINCIPAL RESIDENCE AND MAY USE IT ONLY FOR RESIDENTIAL AND RELATED PURPOSES: The Home and Leased Land shall be occupied and used by the Homeowner as Homeowner’s principal residence. Homeowner shall use, and allow others to use, the Home and Leased Land only for residential purposes and any incidental activities related to residential use that are were permitted by applicable local zoning law and regulations. Any use of when the Home and Leased Land or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited. Use of the Leased Land shall be further limited by the restrictions described Lease was signed, as indicated in the attached Exhibit F: ZONING, and pursuant to deed restrictions, if applicable, provided in the attached Exhibit DEED RESTRICTIONS.
4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY RESPONSIBILY AND IN COMPLIANCE WITH THE LAW: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public or private nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 of this Lease.
4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner’s permission and shall make all such people aware of the restrictions on use set forth in this Lease.
4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST TEN (10) 12 MONTHS EACH YEAR: Homeowner shall occupy the Home for at least ten (10) 12 months of each year of this Lease, unless otherwise agreed by ACLTDSCLT. In Request for permission for extended absence from the absence of the Homeowner, occupancy property is required in writing to DSCLT before homeowner intends to leave. Occupancy by Homeowner’s child, spouse or other persons approved by ACLT may DSCLT shall be counted as considered occupancy by Homeowner for up to six (6) months in any thirty six (36) month period, not to exceed a maximum of four (4) months in any consecutive twelve (12) monthsHomeowner. Neither compliance with the occupancy requirement nor ACLTDSCLT’s permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below.
4.5 SUBLEASING LEASED LAND MAY NOT PERMITTED BE SUBLEASED WITHOUT ACLTDSCLT’S PERMISSION. Except as otherwise provided in Article 8 and Article 10, Homeowner shall not sublease the Home and/or sublease, sell or otherwise convey any of Homeowner’s rights under this Lease or allow the Home to be occupied by othersLease, for any period of time, without the written permission of ACLTDSCLT. Homeowner agrees that ACLT DSCLT shall have the right to withhold such consent in order to further the purposes of this Lease. Occupancy for more than 3 months by anyone other than the Homeowner or Homeowner’s immediate family is considered a sublease. If permission for subleasing is granted, the sublease shall be subject to the following conditions.
a) Any such sublease shall be subject to all of the terms of this Lease, including, without limitation, all prohibitions, restrictions and other provisions applicable to the sale, assignment, sublease or other transfer of the Home and/or this Lease as provided herein.
b) Neither The rental or occupancy fee charged the sub-lessee shall not be more than the amount of the Lease Fee charged the Homeowner by the DSCLT, plus an amount approved by DSCLT to cover Homeowner’s costs in owning the Home, including but not limited to the cost of taxes, insurance and mortgage interest.
4.6 DSCLT HAS A RIGHT TO INSPECT THE LEASED LAND: DSCLT may inspect any part of the Leased Land nor except the Home shall interiors of fully enclosed buildings, at any reasonable time, after notifying the Homeowner at least -72 hours before the planned inspection. No more than _2_ regular inspections may be subleased carried out in a single year, except in the case of an emergency. In an emergency, the DSCLT may inspect any part of the Leased Land except the interiors of fully enclosed buildings, after making reasonable efforts to inform the Homeowner before the inspection. If the DSCLT has received an Intent-To-Sell Notice (as described in Section 10.4 below), then the DSCLT has the right to inspect the interiors of all fully enclosed buildings to determine their condition prior to the sale. The DSCLT must notify the Homeowner at least 24 hours before carrying out such inspection.
4.7 HOMEOWNER HAS A RIGHT TO QUIET ENJOYMENT: Homeowner has the right to quiet enjoyment of the Leased Land. The DSCLT has no desire or occupied intention to interfere with the personal lives, associations, expressions, or actions of the Homeowner in any way not permitted by any third party who is not qualified by ACLT or ACLT’s agent for affordable housing, as defined in Articlethis Lease.
Appears in 1 contract
Samples: Ground Lease
Use of Leased Land. 4.1 HOMEOWNER SHALL OCCUPY MAY USE THE HOME AS PRINCIPAL RESIDENCE AND MAY USE IT ONLY FOR RESIDENTIAL AND RELATED PURPOSES: The Home and Leased Land shall be occupied and used by the Homeowner as Homeowner’s principal residence. Homeowner shall use, and allow others to use, the Home and Leased Land only for residential purposes and any incidental activities related to residential use that are were permitted by applicable local zoning law and regulations. Any use of when the Home and Leased Land or activity thereon which is inconsistent with such exclusive residential use is expressly prohibitedLease was signed, as indicated in the attached Exhibit ZONING. Use of the Leased Land shall be further limited by the restrictions described in the attached Exhibit F: RESTRICTIONSCC&Rs.
4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY RESPONSIBILY AND IN COMPLIANCE WITH THE LAW: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public or private nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 of this Lease.
4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner’s permission and shall make all such people aware of the restrictions on use set forth in this Lease.
4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST TEN (10) 9 MONTHS EACH YEAR: Homeowner shall occupy the Home for at least ten (10) nine months of each year of this Lease, unless otherwise agreed by ACLTMHT. In the absence of the Homeowner, occupancy Occupancy by Homeowner’s child, spouse spouse, domestic partner or other persons approved by ACLT may MHT shall be counted as considered occupancy by Homeowner for up to six (6) months in any thirty six (36) month period, not to exceed a maximum of four (4) months in any consecutive twelve (12) monthsHomeowner. Neither compliance with the occupancy requirement nor ACLTMHT’s permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below.
4.5 SUBLEASING LEASED LAND MAY NOT PERMITTED BE SUBLEASED WITHOUT ACLTMHT’S PERMISSION. : Except as otherwise provided in Article 8 and Article 10, Homeowner shall not sublease the Home and/or sublease, sell or otherwise convey any of Homeowner’s rights under this Lease Lease, for any part of the Leased Land or allow the Home to be occupied by othersHome, or for any period of time, without the written permission of ACLTMHT. Homeowner agrees that ACLT MHT shall have the right to withhold such consent in order to further the purposes of this Lease. Occupancy for more than 3 months by anyone other than the Homeowner or Homeowner’s immediate family is considered a sublease. If permission for subleasing is granted, the sublease shall be subject to the following conditions.
a) Any such sublease shall be subject to all of the terms of this Lease, including, without limitation, all prohibitions, restrictions and other provisions applicable to the sale, assignment, sublease or other transfer of the Home and/or this Lease as provided herein.
b) Neither The rental or occupancy fee charged the Leased Land nor sub-lessee shall not be more than the Home shall be subleased amount of the Lease Fee charged the Homeowner by the MHT, plus an amount approved by MHT to or occupied by any third party who is cover Homeowner’s costs in owning the Home, including but not qualified by ACLT or ACLT’s agent for affordable housinglimited to the cost of mortgage payments (principal and interest), as defined in Articletaxes and insurance.
Appears in 1 contract
Samples: Ground Lease
Use of Leased Land. 4.1 HOMEOWNER SHALL OCCUPY MAY USE THE HOME AS PRINCIPAL RESIDENCE AND MAY USE IT ONLY FOR RESIDENTIAL AND RELATED PURPOSES: The Home and Leased Land shall be occupied and used by the Homeowner as Homeowner’s principal residence. PURPOSES Homeowner shall use, and allow others shall cause all occupants thereof to use, the Home and Leased Land and Home (as defined in Section 7.1 below) only for residential purposes and any such incidental activities related to residential use that are currently permitted by applicable law and regulations. Any use of the Home and Leased Land or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited. Use of the Leased Land shall be further limited by the restrictions described in the attached Exhibit F: RESTRICTIONSzoning law.
4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY AND IN COMPLIANCE WITH THE LAW: LAW Homeowner shall use the Home and Leased Land in a way that will manner so as not cause harm to others or create any nuisances, public or private nuisanceprivate. Homeowner shall dispose of any and all waste in a safe and sanitary manner. Homeowner shall maintain use the Leased Land and Home in a manner consistent with all parts applicable laws, ordinances, rules and regulations of any governmental authority with jurisdiction over the Leased Land and Home and acknowledges that failure to abide by this provision may result in a termination of this Lease. Homeowner shall, at Homeowner’s sole expense, maintain the Leased Land and all Home in good, safe, sound and habitable conditioncondition in all respects except for normal wear and tear, and in full compliance with all laws applicable laws, ordinances, rules and regulationsregulations of any governmental authority with jurisdiction over matters concerning the condition of the Leased Land and Home, and in the such condition that as is required to maintain the insurance coverage required by Section 9.4 of this Lease.
4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: OTHERS Homeowner shall be responsible for the use of the Home and Leased Land by all any residents thereof and their families, friends or visitors and or anyone else using the Leased Land with Homeowner’s permission and shall make all such people aware of the restrictions on use set forth in this Leaseor without their consent.
4.4 HOMEOWNER MUST OCCUPY THE HOME IS RESPONSIBLE FOR AT LEAST TEN (10) MONTHS EACH YEAR: Homeowner SERVICES AND REPAIRS SDCLT shall occupy the Home for at least ten (10) months of each year of this Leasenot be required to furnish any services or facilities, unless otherwise agreed by ACLT. In the absence of the Homeownerincluding but not limited to heat, occupancy by Homeowner’s childelectricity, spouse air conditioning or other persons approved by ACLT may be counted as occupancy by Homeowner for up water, or to six (6) months in make any thirty six (36) month period, not repairs to exceed a maximum of four (4) months in any consecutive twelve (12) months. Neither compliance with the occupancy requirement nor ACLT’s permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and or Home, which is addressed in Section 4.5 belowand Homeowner hereby assumes the full and sole responsibility for furnishing all services or facilities.
4.5 SUBLEASING NOT PERMITTED WITHOUT ACLT’S PERMISSION. Homeowner shall not sublease the Home and/or any of Homeowner’s rights under this Lease or allow the Home to be occupied by others, for any period of time, without the written permission of ACLT. Homeowner agrees that ACLT shall have the right to withhold such consent in order to further the purposes of this Lease. Occupancy for more than 3 months by anyone other than the Homeowner or Homeowner’s immediate family is considered a sublease. If permission for subleasing is granted, the sublease shall be subject to the following conditions.
a) Any such sublease shall be subject to all the terms of this Lease, including, without limitation, all prohibitions, restrictions and other provisions applicable to the sale, assignment, sublease or other transfer of the Home and/or this Lease as provided herein.
b) Neither the Leased Land nor the Home shall be subleased to or occupied by any third party who is not qualified by ACLT or ACLT’s agent for affordable housing, as defined in Article
Appears in 1 contract
Samples: Ground Lease and Purchase Option