Terms of Service
EAGLE'S NEST RV PARK LEASE AGREEMENT - ONLINE VERSION
This Campground Lease Agreement (the Lease) is dated this ___ day of ____, 20___ by and between Moon Rise Ventures QOZB LLC (hereafter MRV), dba Eagle's Nest RV Park and__________________________________ the Tenant.
WHEREAS, MRV is the owner of a campground facility located at 100 Eagle Nest Rd, Buchanan, TN 38222 (The “Campground”), and WHEREAS, Tenant desires to lease a site at the Campground under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants of the parties, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties agree as follows:
1: Demise and Term: MRV hereby leases site #___ (the “Leased Premises”) to Tenant, and Tenant hereby leases the leased premises from MRV. The term of this Lease shall begin on ____________, 20___ and end on ____________, 20___. Unless Tenant notifies MRV at least thirty (30) days prior to the termination of the Term of this Lease of his intention not to renew this Lease, the Term hereof shall rollover for an additional ___ month period. Notwithstanding the foregoing, MRV may, at its sole option, notify Tenant that it has elected to terminate the Lease, effective immediately. Provided Tenant is not in default, MRV shall refund to Tenant the unused portion of the rent, and Tenant shall vacate the Premises within five (5) days of said refund.
2: Rent: Tenant agrees to pay MRV rent in the amount of $___________ on the date Tenant occupies the Leased Premises. Rent shall be paid in advance. If Tenant terminates this Lease, there shall be no refund of prepaid rent. Tenant also agrees to pay for any damages to property and for cleaning fees incurred if site is left unclean and with debris or markings. Tenant’s credit card shall be charged for damages or cleaning fees.
3: Use of Leased Premises: The Leased Premises is to be used only for the location of theron of a camping trailer, mobile home, pop-up tent camper, or other temporary mobile camping apparatus and shall be occupied solely as a temporary camping dwelling and for no other purpose. Tenant shall keep and maintain the Leased Premises in a clean and wholesome manner and in compliance with all Campground rules and regulations which may be amended from time to time. Tenant shall not use or operate any equipment that is harmful to the Leased Premises or which is disturbing to other tenants. Tenant shall create or permit any loud noise or other disturbance to occur on the Leased Premises or in the Campground. Tenant agrees to be a good neighbor and to not be a nuisance or create Campground disharmony.
4: Condition of Leased Premises: Tenant agrees that no representations as to the condition or repair of the Leased Premises, and no promise to alter, repair, or improve the Leased Premises have been made except as contained in this Lease. Tenant shall keep the Leased Premises during the term of this Lease in good repair, and at the expiration of the term hereof shall yield and deliver the same in like condition as when taken.
5: Non-Assignability: Tenant shall not assign or sublet the Leased Premises without prior written consent of MRV.
6: MRV’s Non-Liability: MRV shall nor be responsible or liable to Tenant for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining lots or their guests. Tenant agrees that MRV shall not be liable for any damages or injury to persons or property occurring on or about the Leased Premises or the Campground unless such damage shall be caused by the specific negligence of MRV .
7: Other Conditions: Tenant shall construct any wooden structures, decks, or similar items without the prior written consent of MRV . No trailer or RV over ten years of age shall be permitted on the campground without written consent of MRV . Tenant agrees that he shall not cover his unit with a tarp or other weather protective sheeting. Tenant agrees to comply with the 5 mile per hour speed limit within the Campground. Parking is limited to 2 vehicles per site. Additional boat, trailer or golf cart storage may be leased from MRV if available.
8: Utilities: Tenant shall be responsible for paying when due all charges for utility services to the Leased Premises.
9: Tenant shall obey all Campground rules and regulations, hereunder as such may be amended from time to time.
10: Default: If Tenant shall default in the payment of rent when due or shall default in the performance and keeping of any other obligations of Tenant contained herein, Tenant shall forfeit all rights and claims under this Lease, and MRV may, at its option and without further notice, exercise all rights and remedies available to MRV under Tennessee Law, including the recovery of damages, costs, expenses, and reasonable attorney’s fees arising from such default. The terms and conditions of this agreement may be enforced by specific performance.
11: Waiver: Waiver of any default hereunder by MRV shall not constitute a waiver of or by MRV of any future breaches or defaults by Tenant.
12: Right to Enter Leased Premises: MRV reserves the right to enter upon the Leased Premises at any reasonable time to inspect or repair the Leased Premises.
13: Quiet Enjoyment: Upon Tenant’s paying rent and performing all other obligations herein, MRV agrees that Tenant shall peacefully and quietly have, hold and enjoy the Leased Premises during the Term specified.
14: Notices: Any notices required by this Lease shall be sent to MRV or Tenant at the addresses set forth herein.
15: Binding Effect: The representatives, warrants and covenants contained herein shall bind the successors, assigns, heirs and representatives of the parties hereto.
16: Insurance: Before taking possession of the Leased Properties, Tenant shall procure at his sole expense and shall furnish to MRV satisfactory evidence of comprehensive general liability insurance with limits not less than One Million Dollars. Such insurance shall cover all risks arising directly or indirectly out of Tenant’s activities on or about the leased premises and shall name Moon Rise Ventures QOZB LLC as additional insured. Tenant shall not do or permit to be done anything on the leased premises that would in any way conflict with the conditions of such insurance coverage. Tenant shall at his sole discretion maintain casualty insurance on his trailer or RV, as well as contents insurance. MRV shall not liable for any loss, property damage, or personal injury on the Leased Premises.
17: Non-Liability of MRV and Insurance Obligations of Tenant: (a) MRV carries no insurance which in any way covers any loss whatsoever that Tenant may incur in the leased premises, and hence Tenant must obtain all insurance desired or required at his sole expense. MRV strongly recommends that Tenant secure his own insurance to protect himself and his property against all perils; (b) MRV shall not be liable for personal injuries or property damage, or loss from theft, vandalism, fire, smoke, water, hurricane, tornado, rain, lightning, earthquake, explosion, or any causes whatsoever; (c) MRV shall not be liable to Tenant or Tenant’s invitees, guests, family, employees, agents, or servants for any personal injuries or damage to personal property caused by any act of negligence of any other person on said premises; (d) Tenant hereby agrees to indemnify and hold MRV harmless from and against any and all claims for damages to property or personal injury and costs, including attorney’s fees arising from Tenant’s use of the Leased Premises; and (e) Tenant agrees to take all steps necessary to safeguard the contents contained in the Leased Premises.
18: Compliance with Waste Water Collection Treatment System and Disposal Requirements: Tenant agrees that he and his invitees shall strictly comply with the terms of the user manual related to the decentralized waste water collection treatment and disposal system serving the Leased Premises. Said user manual is posted below and in the Campground laundry room. Tenant agrees to dispose of nothing but human waste and toilet paper into the Campground Waste Water System. Baby wipes, feminine products or any materials that may harm or clog the disposal system are forbidden to be flushed or washed down drains.
19: Pets: Household pets only are permitted on the leased premises. When outdoors, all pets must be kept on a leash and Tenant shall clean up all pet waste. Tenant assumes all legal liability for his or her pets actions and behaviors.
20: Miscellaneous: (a) No waiver of any covenant or condition or the breach of any covenant or condition of this Lease shall constitute a waiver of any subsequent breach of such covenant or condition, or justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition thereof. (b) If Tenant retains possession of the Leased Premises or any part thereof after the end of the Term or termination of this Lease, Tenant shall pay rent at double the rate payable during the month preceding such holdover, computed on a daily basis for each day that the Tenant remains in possession. In addition, Tenant shall be liable for any lost rental payments, all damages, consequential as well as direct, sustained by reason of the Tenant’s holding over. Such holdover tenancy shall be terminable by either party upon 30 days notice or upon renewal of Lease. (c) This Lease may not be altered or amended, except by instrument in writing signed by all parties hereto. (d) The invalidity or unenforceability of a particular provision of this Lease shall not affect the other provisions hereof, and this Lease shall be construed in all respects as if such invalid or unenforceable provisions were omitted. (e) If either party is delayed in or prevented from performing any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason not the fault of such party, then performance of such acts shall be excused for the period of delay, and the period for the performance of such acts shall be extended for a period equivalent to the period of such delay. The foregoing shall only apply if the party delayed in performing work or doing acts required under this Lease gives notice to the other party of the delay as soon as reasonably possible. Nothing in this section shall excuse Tenant from the prompt payment of rent. (f) This Lease and the exhibit attached hereto and forming a part hereof constitute the entire agreement between MRV and Tenant respecting the subject matter hereof. MRV has made no promises, representations, warranties, or covenants except as expressly provided herein. The agree that counterpart and online versions of this lease are acceptable and that paying for a stay at MRV online constitutes complete and total acceptance of all terms, conditions, and provisions herein. This Lease shall be governed, construed and enforced in accordance with the laws of the State of Tennessee. Henry County, TN shall be the exclusive venue of any dispute arising hereunder. (h) The effective dates of this Lease shall be the dates specified in the online reservation. Absolutely no refunds after Lease term has begun.
Online Reservation signifies acceptance of all Lease terms, covenants, restrictions and agreements between MRV and Park Guest.