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Filing # 180853157 E-Filed 08/30/2023 05:07:05 PM
IN THE COUNTY COURT IN AND
FOR ALACHUA COUNTY, FLORIDA
BEDROCK CANDLELIGHT ESTATES, LLC )
Plaintiff, ) CASE NO:
)
VS.
)
KATHLEEN CAMERLENGO, SAMUEL KERNEY)
& ALL OTHERS IN POSSESSION )
Defendants. )
/
COMPLAINT FOR MOBILE HOME PARK EVICTION
(Non-Payment of Lot Rent)
Plaintiff, BEDROCK CANDLELIGHT ESTATES, LLC, sues Defendants, KATHLEEN
CAMERLENGO, SAMUEL KERNEY & ALL OTHERS IN POSSESSION, and alleges:
GENERAL ALLEGATIONS
1 This is an action to evict a tenant from a mobile home park located in Alachua
County, Florida for non payment of the lot rental amount pursuant to section 723.061(1)(a),
Florida Statutes.
2. Plaintiff owns the following described real property in said county: 1600 N.E.
12" Avenue, Lot #27, Gainesville, Florida 32601.
3 Defendant owns the mobile home situated on said real property.
4 At all times material hereto, Plaintiff is engaged in business in said county, and is
sui juris.
5 Upon information and belief, at all times material hereto, Defendants are residents
of said county, are sui juris, and are not in the military of the United States.
Page 1 of 3
"2023 CC 003617" 180853157 Filed at Alachua County Clerk 08/31/2023 08:15:00 AM EDT
Bedrock Candlelight Estates, LLC vs. Camerlengo, et. al.
6 Defendants have possession of said property under a written agreement to pay
Plaintiff lot rent in the amount $489.00 monthly, due in advance, on the 1“ day of the
month. A
true and correct copy of the Rental Agreement is attached hereto as Exhibit “A.”
7 Defendants have breached and are in default of the terms of the rental agreement
by failing to pay the lot rental amount (as that term is defined in Chapter 723, Florida Statutes)
by the due date(s), and Defendants are indebted to Plaintiff in the amount of $3,125.78.
8 Plaintiff has retained undersigned counsel in this action, has agreed tc pay costs
and reasonable attorneys’ fees, and is entitled to an award of costs and attorneys’ fees pursuant to
section 723.0681, Florida Statutes, if Plaintiff is deemed the prevailing party in this action.
COUNT I - MOBILE HOME PARK EVICTION
Plaintiff re-alleges those allegations contained in paragraphs 1 through 8 as if fully set
forth herein.
9. All conditions precedent to filing this action have been satisfied or waived.
10. Plaintiff served Defendants with a statutory notice pursuant to section
723.061(1)(a), Florida Statutes, on July 12, 2023 by posting and by certified mail return receipt
requested, to pay the past due lot rental amount or deliver possession, but Defendants refused to
do so, and the rental agreement has terminated by default in payment of the lot rental amount. A
true and correct copy of this notice is attached hereto as Exhibit “B.”
WHEREFORE, Plaintiff requests judgment against Defendants for the following relief:
A Possession of 1600 N.E. 12" Avenue, Lot #27, Gainesville, Florida 32601,
B Costs and attorneys’ fees as authorized by section 723.0681, Florida Statutes, and
Page 2 of 3
Bedrock Candlelight Estates, LLC vs. Camerlengo, et. al.
Cc. Such further relief as this court deems just and proper.
DATED this 18" day of August 2023.
Hochberg & DiRienzo, P.A.
Attomeys for Plaintiff
2946 E. Commercial Blvd.
Fort Lauderdale, Florida 33308
Tele: (954) 522-0101
Fax: (954) 522-0471
Primary Email: HochbergDiRienzo@aol.com
By: /s/ Carolyn G. Hochberg, Esq.
Carolyn G. Hochberg, Esq.
Fla. Bar No: 980511
Page 3 of 3
EXHIBIT "B"
CANDLELIGHT ESTATES MHC
LOT RENTAL AGREEMENT
This Lot Rental Agreement between Candlelight Estates MHC (the “Park Owner’) and
Katneon Comeriengoand SamvelKemey _ (the "Home Owner” ’) shall
be effective ongeptember +, 20.21, and shall
remain in effect until unless terminated earlier as provided in this Agreement.
The purpose of this Agreement is to describe the unique relati
onship that exists between two
Property owners: the Park Owner, the entity which owns the real estate and
improvements at Candlelight Estates MHC , and the Home common area
Owner, who owns a home locaied in the
Park. This Lot Reatal Agreement allows the Home Owner
to use lot # 27 for the
placement of kis or her home and allows the Home
Owner the use of common area facilities at
Candlelight Estates MHC subject to lawfully established
rales and regulations. Nothing in this
Agreement gives the Home Owner a property interest im
any p: art of the Patk Owner's real estate;
nothing in this Agreement gives the Park Owner any property
interest in the Home Owner's home.
A. OCCUPANCY The following individuals shall be the “initial residents”
for purposes
ofthis Lot Rental Agreement and may oceupy the above-specified space.
Occupancy of the space by
any person(s) other than those whose stay with Home Owner does not exceed
15 consecutive days or
30 total days per year, with written approval of Pak Management
, shall be considered a material
default of |this Lot Rental Agneeanant:
K merlengo nd Kern
No other persons may occupy Resident's home without written permiss
ion from Park management.
B LOT RENTAL AMOUNT
1 BASE RENT. In consideration for the use of common area facilities and for the use
of a place te locate a home, the Home Owner ‘shall Bay to the
Park Owner in advance on the first day
of every month a base rent of $422.00 without any deduction or offset. Home Owner may pay
by check, cashier's check, or money order. Park Owner reserves the rightto refuse
a personal cheek,
2. OTHER FEES AND CHARGES. Home Owner may also be assessed the following
fees and charges:
Special Use Fees:
a, Storage Fee --§ el 7 WA
b. Retumed Check Charge-$ 35.00. Allchecks aot accepted and honored by
the Banking Institutions on the first deposit will be charged a returned check fee.
ele
. Late Payment Fee -- $30.00 All rental payments shall be due on the first day
of each month and shall be deemed to be past duc if not paid by the 5"
day ofeach month.}
4. Garbage Disposal Charge — A garbage disposal charge of $ TBD
month,
per
e. Sewage — A sewage charge of $TBD per month.
£ Water — A water charge of $_TBD per month.
g. Storm Drainage Charge -- A storm drainage charge of $_TBD per month.
h, Additi
onal Resident Fee — Additional resident and/or "visito x” and/or "guest"
sharge of $50.00 a week per guest residin; g in the home for more
thau 15 consecutive days or
a total of thirty days per calendar year.
i. Lot Clean-Up Charge ~$ TBD (per man hour) In case of fire, wind or
water damage to Resident's property, or in the event that Resident’s lot is not
kept clean and
free or trash or debris, Resident shall be responsible for any cost of repairs, removal
of debris,
and clean up of lot.
3Lawn Maintenance fee, including edging, and trimming, in the amount
of
SBD for cach required maintena perform
nce ed by the Park Owner due to the fact that
Home Owner fails and/or refuses to do so.
k. Lawn Mowing Charge -- ¢ TBD per season.
1. Garbage Containment Fee — if it becomes necessary for the Pack Ownerto place the
Home Owner's garbage in proper containers because home owner fails to do 86,
there will be
an additional charge of $TBD assessed ta the Home Owner for each occurrence.
m. Application Fee ~—A new resident application fee
of $_50.00 perapplication.
This fee will be charged by the Park Owner as allowed by law, in qualif
ying a prospective
resident by the Park, If this fee is determined to be an entrance
fee prohibited by
Section 723.041, Florida Statutes, it will be refunded.
a. Pet Fee A pet fee of $ 250.00 per pet gemsacnth_
0. Pest Control Fee ~ A pest control fee of $_ N/A per month,
DB. Skirting and/or Mobile Home Cleanup Fee — A skirting area cleanup fee of
§ TBD if Home Owner fails and/or refuses to keep the skirting area clean and free of
debris or to keep the exterior of the mobile home clean.
q. Special Service Fee ~ A special service fee of $ TBD per hour, but not less
-2-
than
§ TBD per service call, for any repair, mainisnance, or service (other than those
specifically and separately mentioned herein) that is performed ‘by the Park, but which is the
responsibility of the Home Owner.
tr. Entrance Fee —- § TBD An entrance fee is applicable to any mobile home
placed in the Park. (This fee does not apply to the purchaser of a mobile home situated
in the
Park.)
8. Attorney's Fees --§ TBD (as determined by the courts). Resident shali pay
for all reasonable attorney's fees incurred by the park as the result of any action
taken by the
park against the Resident to collect delinquent rent, enforce the rental agreemen
t or the rules
and regulations, whether suit is brought or not, and whether such fees are
incurred before or
at trial or on appeal. As to any such action brought to enforce the provisions of Chapter
723,
Florida Statutes, in which action the Home Owner is the prevailing party, the Home
Owner
shall be entitled to a feasonable attorney's fee as provided by Section 723.068, Florida
Statutes.
t. Large Item Trash Removal Charge —a minimum of $_ TBD A garbage and/or
fash “removal” fee for items which are not collected as part of the nomnal garbage or waste
removal services provided in the Park (i.e. refrigerators, large appliances, etc.) if the Home
Owner fails and/or refuses to remove same.
u. Vehicle Storage Fee -.§ N/A
v. Mail Box Fee ~$ N/A
w. Speeding Fee -- §_ TBD
x. Water Fee -$ TBD per incidence of excess watering.
y- Damage to Property Fee ~ § TBD Residents will be held financially
responsible for damage to private or park property, including underground services, caused
by Residents, their family or guests caused by their family or guests.
z. Security Deposit ~ $ 0.00
aa. Recycling
Fee —$ 0.00 :
bb. Damaged Home Removal Fee--$ TBD
Governmental and Utility Charges. These charges will be charged to the Home Owner(s)
on a pro zata basis or on such other bases as may be implemented by the governmental authority
imposing such charges. ("Pro rata basis” means that percentage derived by dividing the number of
mobile home spaces leased by a resident by the total number of eccapied mobile home spaces in the
Park.) The governmental and utility charges which may currently be charged to the Home Owner(s)
3-
are as follows:
a. Water charges or increases in same for usage of water in common areas;
b. Sewer charges or increases in same for usage of sewer service in common areas;
ce. Waste disposal charges or inereases in same:
d, "Taxes", which term includes ad valorem taxes and special or non-ad valorem
assessments levied upon or assessed against the park by any unit of government, If the
method of property taxation prevailiag on the delivery date of this Prospectus is changed so
that taxes now levied or assessed on Park property are replaced partially or completely by a
tax levied or assessed upon the Park Owner as a capital levy or otherwise or on or measured
by lot rental amounts received by the Park Owner from the Park, or by any assessment other
fhan any ad valorem tax, then such new or altered taxes shall be deemed included within the
definition of "taxes";
&, “Pass-through charges" including the necessary and actual direct costs and impact
or hook up fees for a governmentally mandated capital improvement, which may include the
necessary and actual direct costs and impact or hook up fees incusred for capital
improvements required for public or private regulated utilities.
£ Expenses created and charged to the Park Owner by any federal, state, regional or
local governmental entity or utility company, including annual filing fec(s) and the Prospectus
filing fec(s) as is required by Chapter 723, Florida Statutes, and any other nen ad valorem
assessments;
g- Special assessments or charges by any federal, state, regional or local government
entity or utility company;
h. Replacement utility charges changed ta the Park Owner or to the Home Owner's lot
by any federal, state, regional or local governmental entity or utility company for service of
8 type or nature not available on the delivery date of this Prospectus in replacement or
substitution, in whole or in part, of any utility or other service that is provided or is available
to Park Home Owners on the delivery date;
i, New utility charges charged the Park Owner by any federal, state, regional or local
governmental entity or utility company that become available for the beneficial nee and
enjoyment of the Park residents after the delivery date of this Prospectus;
j. Aay presently unknown govermmental or utility charges, as defined above, which
are charged to the Park Owner ia the future by any federal, state, regional or local government
or utility company may be charged to Home Owner(s) in accordance with law.
k. Non-ad valorem assessments.
4.
1. Costs {including interest based on Park Owner's then cost of ‘bomowing)
incurred
by the Park Owner as a result of actions taken by federal, state, regiona
l or local governmental
Gatities or utility companies but not direc tly
billed to the Park Owner by said federal, state,
regional or local governmental entity or witility company.
The Park Ownermay recapture these
types of costs by charging a lump sum assessment to
the Home Owners, at the end ofthe term
of the Park's yearly Lot Rental Agreement (Lease), which, for
this Park, terminates on
December 31st ofeach year. These types of charges shall be charge
d to Home Owner(s) after
providing notice as required by ‘Chapter 723, Florida Statute
s, to the Home Owner(s) on a pro
rata basis as defined above and shall be limited to the
amount ofthe increased crsts or charges
incurred by the Park Owmer and any maintenance and administrative
costs as permitted by
Section 723.045, Florida Statutes, if applicable.
Certain of the above-mentioned government and utility charges
and costs which are billed by
either the federal, state, regional or local governmental entities
or utility companies may be charged
te the Home Owners after providing noticeas required by Chapter 723, Florida
Statutes, to all Home
Owners at any time during the lease term. The amount of an increase
in these charges shall be limited
to the increased costs or charges billed to the Park Owner by the federal,
state, regional or local
governmental agency or utility company plus any maintenance
and administrative costs relating to
same as is permitted by Section 723.045, Florida Statutes, For purposes
of this prospectus, garbage
collection is considered a utility.
In addition to paying the above-listed payments when due, the Home Owner
is also required
fo pay, upon written notice as prescribed by Chapter 723, Florida Statutes
, 2 pro rata portion of all ad
valorem and non-ad valorem assessments and any other governmental and
utility charges (including
but not limited to filing fees and annual fees charged by the Florida Divisio
n of Condominiums,
Timeshares, and Mobile Homes) and a pro rata portion of increases in
property taxes, and the costs
of utilities, insurance and services incladiag waste disposal paid by the
Park Owner. In those
instances where the utilities or any of them are owned or operated by the Park
Owner, there shall be
included in the determination of utility eost inereases all related out-of pocket costs
including, without
limitation, the cost of maintaining or operating the utility plant, repairs,
capital improvements, and
meeting governmental requirements. The Home Owner will also be. required to pay, over a reasonable
period of time to be established by the Park Owner, a pro ata Bortion of the
costs of capital
improvements or alterations required by a government agency and a pro rata portion
of the costs and
fees associated with hooking up to a private or public utility company if
the Park Owner should
discontinue operating any utility it now operates. The Home Owner shall
also be responsible for
payment of costs (including interest based on Park Owner's then cost of borrowi
ng) incurred by the
Park Owner as a result of actions taken by federal, state regional or local
governmental entities or
utility companies but not directly billed to the Park Owner by said federal. state. regional or
governmental local
entity or utility company. The Park Owner m: ay xecapture these types of costs
by
chargin; ig lump sum assessment to the Home Owners, at the end of the term
of the Lot Rental
Agreement (Lease). These types of charges shail be charged to Home Owner(s
) after providing
advanced written notice as prescribed by Chapter 723, Florida Statutes, to the Home Owner(s)
on a
pro rata basis as defined above and shall be limited to the exact amount of the increased
costs or
charges incurred by the Park Owmer and any maintenance and administrative costs as permitted
by
Section 723.045, Florida Statutes, if applicable.
Se
The provisions of this Paragraph A. shall apply to all renewals of the Lot
Rental Agreement
pursuant to the Provisions of Paragraph B. hereof
.
¢. RENEWAL. Upon the expiration of the annual term of this Lot Rental
Agreement,
Home Owner shail be offered a new Lot Renta
l A; greement for a term not to exceed 12 months and
subject to increases in lot rental amount or
other charges based on the market mate, or based on
increases otherwise determined as set forth inthe Prospe
ctus delivered to Home Owner, provided that
Home Owner has not breached any of the terms, covenants, or conditions of this Lot
Agreement, the prospectus, the Rules and Rental
Regulations or Chapter 723, Florida Statutes. The
Owner may also offer Home Owner other Park
lo t rental agreements with terms and conditions different
than those set forth above.
BD. SERVICES PROVIDED BY THE PARK OWNER. Atthe time of executi
Lot Rental Agreement, the following services are on of this
provided by the Park Owner as part of the lot rental
amount: maintenance of the Park’s common areas and use of the Park
facilities; electric power for the
street lights and common faciliti ies (but not to cach individual
mobile home in the Park); waste
disposal; and storm drainage.
E. TERMINATION. Park Owner may terminate this Agreement upon the
Home
Owner's failure to comply with this Agreement or the Rules
and Regulations, subject to the
termination provisions of Chapter 723, Florida Statutes. This Agre
emenmay tbe terminated only as
permitted by applicable Florida law. Removal of a
mobile home from the park without prior
notification of the park owner, as required by the park's rules and regula
tions, and prior to the end of
the current rental term shall be a breach of this lot rental agrecment. All lot rental amount owed
hereunder for the balance of the lease term shall be accelerated and shall
be due in full as of the date
of removal of the hame from the park. All such payments
shall thereafter be due and payable
immediately.
EF. CONDEMNATION. Condemaation of the space which is the subject of this
Agreement or of all or a substantial postion of Candlelight Estates MHC
shall be sufficient grounds
for the unilateral termination of this Agreementby Park Owner;
however, in such event. Park Owner
shall notify the Home Owaer in writing as required by law. No award for any partial or entire
condemnation of the Park shall be apportioned, and the
Home Owner hereby Tenounces any interest
in any award resulting from a condemnation of ail or part of the
real property, improvements and
business at Candlelight Estates MHC. Park Owner renounc
es any interest ia any relocation award
or personal property compensation made to the Home Owner in
connection with the condemnation
or forced relocation of the Home Owner's home and its appurtenances
by a government body, unless
the Home Owner makes a claim against Park Owmer for a relacat
ion award or property compensation
in connection with the displa CCMment,
G. RULES AND REGULATIONS. The Home Owner agrees to abide by and conform
to all applicable Rules and Regulations adopted by Park Owner and implemented
in compliance with
state law, THE HOME OWNER ACKNOWLEDGES THAT HE HAS READ,
UNDERSTANDS,
AND AGREES TO ABIDE BY THE RULES AND REGULATIONS PRIOR TO
SIGNING THIS
AGREEMENT. Park Owner may, at its discretion aud in conformity with the law, amend the Rules
~G-
and Regulations from time to time pursuant Chapter 723, Florida Statue
s.
HH. DAMAGE OF HOME. Ifthe Home Owner's home or other
or so damaged by fire or other cause as to be
impro vements destroyed
wholly or partially uafit for occupancy or use, the Home
Owner shail continue to make all payments
called for b y the terms of this Agreement, However, the
Home Owner shall make the home or other imp: rovem
ent fit for occupanc or y
use and make it conform
to the Rules and Regulations, or replace it, within sixty days of such
destruction or damage. If the
home or other improvement is destroyed or irreparably
damaged, then it shall be removed promptly
by the Home Owner at his orht er OWN Exp! ensé. Ifthe Home Owner fails to
so remove it, Park Owner
may, with notice, remove it and ch: arge the
Home Owner for the cost, which sum shall be due and
payable immediately.
I, FEXTURES. All structures, including fences, embedded in the ground
, blacktop or
concrete, shall be maintained in good repair and
attractive condition by the Home Owner.
If such
items are damaged or removed by the Home Owner
, then the Home Owner shall repsir any damage
caused as a result.
a. ATTORNEY'S FEES AND COURT COSTS. Should either Park Owner
or the
Home Owner be required to employ counsel to enforce the
terms, conditions, or covenants of this
Agreement, the prevailing party shall recover all reasonable attorne
y's fees and court costs incurred.
K. SUCCESSORS TO PARK OWNER. If Park Owner should sell its property
at
Candlelight Estates MHC and assign its tights and obligations under this Agreem
ent to the new park
owner, the Home Owner shall honor such an assignment by recognizing the
new park owner in Park
Owner's place and by releasing Park Owner from ail farther obligation
under this Agreement, The
Home Owner shall and hereby does subordinate its interests, to the extent any
interests exist under
this Agreement, to Park Owner's successors and to lenders who may be
granted a security interest in
Pak Owner's property. The Home Owner empowers Park Owner
and its successors is attorney-in-
fact to execute alll instruments necessaryto accomplish such subordination. Home
Owner agrees that
he and all occupants of his mobile home shall at alll times conduct themselves
with due regard for the
Personal aad property rights of the other home ownere of the Pack
and will refrain from doing or
causing to be done any act or thing that would create a nuisance, which
term shall include obstruction
of interference with the person and property rights of other occupants of
the park or with the orderly
and efficient operation of the Park. Home Owner further agrees that the
said occupants of his mobile
home will keep and maintain the demised premises in good repair, comply
with all municipal, county,
State or federal laws, regulations or ordinances now or hereaft
er applicable, and
upon termination of
this Lot Rental agreement, surrender the demised premises
to the Park Owner in good order and
condition.
L. ASSIGNMENT AND SUBLETTING. The Home Owner shall not assign
this Lot
Rental Agreement, or any interest therein, and shall not sublet the leased
premises to occupy or use
the leased premises withoutthe specific written consent of Park Owner. Any assignmentor subletting
without Park Owner's consent shall be void, and shall constitute
a defi uit by Home Owmer under this
Lot Rental Agreement.
}-
M. SUCCESSORS TO THE HOME OWNER. Upon Park Owner's prior approval of
the buyer, which approval shall not be unreasonably withheld, the balance of the term
of this
Agreement may be assumed by a person who purchases the Home Owner's home if the condition of
the home complies with the Park's Rules and Regulations. At the end of the assumed term, the buyer
will be offered a new agreement at the rates and on the terms then established for new residents.
Home Owner is responsible for delivering to the buyer Home Owner's prospectus, lot rental
agreement, rules and regulations, and current notices of change in rules and regulations. Occupancy
of the buyer shall not be deemed to have commenced until delivery of the lot rental agreement,
Prospects, current mules and regulations, and current notices of change in rules and regulatio
ns to the
buyer by the seller or, in the event the seller fails to do so, by the Park Owner.
Underne circumstances shall a buyer or those persons who will live with the bryer move into
the mobile home he will buy or already has bought until (2) he and all persons who are to live in the
mobile home have been approved by Park management to become tenants; and (6) he and all persons
who are to live in the mobile home have assumed this lease by fully executing or otherwise identifying
themselves as a resident on an identical Lot Rental Agreement covering the balance of the term of this
Lot Rental Agreement.
Prior to approval of any potential purchaser, Park Management must be notified of the name
of all persons who will live with the purchaser, and the current address, phone number, age, job
references and any other reasonable information requested by Park Management with respect to all
persons who will live in the mobile home following its sale to the potential purchaser. Within ten (10)
days of receipt of alll the requested information, Park Manegement shall give the Home Owner notice
of whether the potential purchaser and all persons who will live with that purchaser have been
approved as being qualified to become Home Owners. Approval shall not be unreasonably withheld.
N. STATUTORY PROVISIONS. The relationship between the Home Owner and Park
Owner shall be subject to the terms of Chapter 723, Florida Statutes.
o WAIVER. The waiver by either party of any default of the other party or the
acceptance by Park Owmer of payment with knowledge of any default of any term, covenant or
condition of this Agreement shail not be deemed to be a waiver of. any subsequent or further breach
of any term, covenant or condition of this Agreement. The failure by either party to take any action
in respect to any default of any term, covenant or condition shall not be deemed fo be a waiver of such
default or any other or further defanit(s) and the parties reserve the right to pursue their remedies in
full at any time.
B. SAVINGS CLAUSE. Bach provision of this Agreement is separate and distinct and
individually enforceable. In the event any provision is declared to be unlawful, the enforceability of
all the other provisions shall not be affected.
Q. EVICTION. The Park Owner may evict a Home Owner or a mobile home on one or
more of the grounds set forth in Section 723.061, Florida Statutes, including Home Owner's failure
to perform any obligation created by this Rental Agreement.
R. ABANDONMENT OF MOBILE HOME
1 In the event that the Home Owner abandons the Home Owner's Premises and
leaves the Home Owner's mobile home, avtomobile(s) or other personal property on the Home
Owner's Premises or in the park, the Home Owner hereby contracts and hires Park Owner for the
storage of such property immediately upon such abandonment. Home Owner further agrees that Park
Ovmer may charge storage fees for such prope
in anrty
amouat equal to all sums dus by Home Owner
to Park Owner under this Rental Agreement as of the date of abandoument plus an additional monthly
Storage fee not to exceed the amount of monthly rental payable under this Rental Agreement. Home
Owner further agrees to pay, as an additional storage fee, any costs incurred by Park Owner in the
removal of Home Owner's mobile home and/or personal property from the Home Owner's Premises
or the Park,
2 Home Owner expressly agrees and recognizes that any storage fees imposed
by virtue of the foregoing paragraph shall hecome a lien on the property of the Home Owner so stored
and that Park Owner shall have all the rights provided by law.
3 Abandonment shall be effectuated by the Home Owner upon the existence of
any of the following circumstances.
a Notification by Home Owner to Park Owner of Home Owner's intent
to abandon the Home Owner's Premises combined with Home Owner's absence from the Home
Owner's Premises for a period of five (5) days, or
b. Failure of the Home Ownerto occupy the Home Owner's premises for
4 period of thirty (30) days combined with the failure of Home Owner to pay rent due during such
peziod of non-occupancy.
4. In the event the Rental Agreement is terminated by Park Owner and Home
Owner refuses to vacate the Home Owner's Premises after being given notice of termination as
provided by law, Home Owner hereby contracts with and hires Park Owner for the removal and/or
storage of Home Owner's mobile home, automobile(s) and other personal property located on the
Home Owner's Premises or in the park. Home Owner further agrees that Park Owner may charge as
fees for storage of such property an amount equal to all sums due by Home Owner to Park Owner
under this Rental Agreement as of the date of termination plus an additional monthly storage fee not
to exceed the amount of monthly rent payable under this Rental Agreement. Home Owner further
agrees to pay, as an additional storage fee, any costs incurred by Park Owner in removal of Home
Owner's mobile home and/or other property from the Home Owmer's Premises or the park.
5. Home Owner expressly agrees and recognizes that any storage fees, imposed
by virtue hereof shall become a lien on the property of Home Owner so stored and the Park Owner
shall have all rights provided by law.
Qe
§. MISCELLANEOUS.
1 The Home Owner shall promptly execute and comply with all statutes,
ordinances, rules, order, regulations and requirements of the federal, state, regional and local
governments, and of any and ail their departments and bureaus applicable to said Premises, for the
correction, prevention and abatement of nuisances or other gtievances, in, upon, or connecied with
said Premises during said term.
2. The prompt payment of the lot rental amount for the premises upon the dates
named, and the faithful observance of the Rules and Regulations attached hereto and made a part of
this lot rental agreement, and of such other and further Rules and Regulations as may be hereafter
made by the Park Owner, are the conditions upon which the Lot Rental Agreement is made and
accepted. Resident agrees that as a condition of this Lot Rental Agreement, the Park has a lien against
Resident's home as set forth in Section 713.77, Florida Statutes, as may hereafter be amended, and
that that lien may be perfected by Park Owner's securing possession of the home.
3 it is expressly agreed and understood by and between the parties to this Lot
Rental Agreement, that the Park Owner shall not be liable for any damages or injury ‘by water, or by
defect or failure by any concrete structure, which may be sustained by the Home Owner or other
persons or for any ofher damage or injury resulting from the carelessness, negligence, or improper
conduct on the part of any other home owner or agents, or employees, or by reason of the breakage,
leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the premises.
4 Alll of the Park Owner's rights and remedies are cumulative and not in lieu of
each other, and the failure of the Park Owner to exercise any right or remedy shall not operate to
forteit such right or remedy in the future or any other rights or remedies of the Park Owner at any
time. Forbearance by the Park Owner to enforce one or more of its rights or remedies shall not be
deemed to constitute a waiver of any default of Resident sor operate to permit the repetition or
continuation of such default.
5 Home Owneracknowledges that all sizeets, thoroughfares, parks end recreation
facilities, remain the private property of the Park Owner to be used by Home Owner in common with
other home owners of the Park, subject to the Policies and Regulations established by the Park Owner
from time to time.
6. If title to or possession of Home Owner's mobile home located in the Park is
sold or assigned, other than as set forth herein, voluntarily or involuntarily, or by operation of law,
or should any creditor or creditors of Home Owner or any Receiver or Trustee, on behalf
of any such
creditor or creditors, or any other person or persons, by levy, attachment or other proceeding, or by
operation of law, obtain title to or the possession of said mobile home, the new home owner must
qualify as a resident pursuant to the conditions sct forth in these rules and regulations. If such
approval is not obtained, the new home owner will be subject to eviction.
7. Home Owner agrees to permit Park Owner or its agents, atany reasonable time,
to enter the leased premises for the purposes of making repairs, routine maintenance, replacement of
-10-
utilities, or protection of the Park.
8 Home Owner a; igrees not to hold the Park Owner responsible for any
the installation of electricity, water, OF gas, or
delay in
meters therefore, or interruption in the use and services
of such commodities,
9 Home Owner agrees not to use the demised premises, or any part thereof, or
to permit the same to be used, for any illegal or
inaproper puxposes; not to make, or to permit to be
made, any disturbance, noise or annoyance whatsoever detrimental to the premises or
to the comfort
and peace of the inhabit tants of the vicinity of the demised premise
s.
10. This Lot Rental Agreement shall bind the Park Owner and its
assigns or
successor, and the heirs, administeatozs, legal representatives,
executors or successors as the case. may
be, of the Home Owner.
iL. Home Owner acknowledges that he has read and understands and agrees to
abide by the foregoing, and that Home Owner was offered the foregoing Lease prior to
occupancy.
Home Owner further acknowle
Preview
Filing # 180853157 E-Filed 08/30/2023 05:07:05 PM IN THE COUNTY COURT IN AND FOR ALACHUA COUNTY, FLORIDA BEDROCK CANDLELIGHT ESTATES, LLC ) Plaintiff, ) CASE NO: ) VS. ) KATHLEEN CAMERLENGO, SAMUEL KERNEY) & ALL OTHERS IN POSSESSION ) Defendants. ) / COMPLAINT FOR MOBILE HOME PARK EVICTION (Non-Payment of Lot Rent) Plaintiff, BEDROCK CANDLELIGHT ESTATES, LLC, sues Defendants, KATHLEEN CAMERLENGO, SAMUEL KERNEY & ALL OTHERS IN POSSESSION, and alleges: GENERAL ALLEGATIONS 1 This is an action to evict a tenant from a mobile home park located in Alachua County, Florida for non payment of the lot rental amount pursuant to section 723.061(1)(a), Florida Statutes. 2. Plaintiff owns the following described real property in said county: 1600 N.E. 12" Avenue, Lot #27, Gainesville, Florida 32601. 3 Defendant owns the mobile home situated on said real property. 4 At all times material hereto, Plaintiff is engaged in business in said county, and is sui juris. 5 Upon information and belief, at all times material hereto, Defendants are residents of said county, are sui juris, and are not in the military of the United States. Page 1 of 3 "2023 CC 003617" 180853157 Filed at Alachua County Clerk 08/31/2023 08:15:00 AM EDT Bedrock Candlelight Estates, LLC vs. Camerlengo, et. al. 6 Defendants have possession of said property under a written agreement to pay Plaintiff lot rent in the amount $489.00 monthly, due in advance, on the 1“ day of the month. A true and correct copy of the Rental Agreement is attached hereto as Exhibit “A.” 7 Defendants have breached and are in default of the terms of the rental agreement by failing to pay the lot rental amount (as that term is defined in Chapter 723, Florida Statutes) by the due date(s), and Defendants are indebted to Plaintiff in the amount of $3,125.78. 8 Plaintiff has retained undersigned counsel in this action, has agreed tc pay costs and reasonable attorneys’ fees, and is entitled to an award of costs and attorneys’ fees pursuant to section 723.0681, Florida Statutes, if Plaintiff is deemed the prevailing party in this action. COUNT I - MOBILE HOME PARK EVICTION Plaintiff re-alleges those allegations contained in paragraphs 1 through 8 as if fully set forth herein. 9. All conditions precedent to filing this action have been satisfied or waived. 10. Plaintiff served Defendants with a statutory notice pursuant to section 723.061(1)(a), Florida Statutes, on July 12, 2023 by posting and by certified mail return receipt requested, to pay the past due lot rental amount or deliver possession, but Defendants refused to do so, and the rental agreement has terminated by default in payment of the lot rental amount. A true and correct copy of this notice is attached hereto as Exhibit “B.” WHEREFORE, Plaintiff requests judgment against Defendants for the following relief: A Possession of 1600 N.E. 12" Avenue, Lot #27, Gainesville, Florida 32601, B Costs and attorneys’ fees as authorized by section 723.0681, Florida Statutes, and Page 2 of 3 Bedrock Candlelight Estates, LLC vs. Camerlengo, et. al. Cc. Such further relief as this court deems just and proper. DATED this 18" day of August 2023. Hochberg & DiRienzo, P.A. Attomeys for Plaintiff 2946 E. Commercial Blvd. Fort Lauderdale, Florida 33308 Tele: (954) 522-0101 Fax: (954) 522-0471 Primary Email: HochbergDiRienzo@aol.com By: /s/ Carolyn G. Hochberg, Esq. Carolyn G. Hochberg, Esq. Fla. Bar No: 980511 Page 3 of 3 EXHIBIT "B" CANDLELIGHT ESTATES MHC LOT RENTAL AGREEMENT This Lot Rental Agreement between Candlelight Estates MHC (the “Park Owner’) and Katneon Comeriengoand SamvelKemey _ (the "Home Owner” ’) shall be effective ongeptember +, 20.21, and shall remain in effect until unless terminated earlier as provided in this Agreement. The purpose of this Agreement is to describe the unique relati onship that exists between two Property owners: the Park Owner, the entity which owns the real estate and improvements at Candlelight Estates MHC , and the Home common area Owner, who owns a home locaied in the Park. This Lot Reatal Agreement allows the Home Owner to use lot # 27 for the placement of kis or her home and allows the Home Owner the use of common area facilities at Candlelight Estates MHC subject to lawfully established rales and regulations. Nothing in this Agreement gives the Home Owner a property interest im any p: art of the Patk Owner's real estate; nothing in this Agreement gives the Park Owner any property interest in the Home Owner's home. A. OCCUPANCY The following individuals shall be the “initial residents” for purposes ofthis Lot Rental Agreement and may oceupy the above-specified space. Occupancy of the space by any person(s) other than those whose stay with Home Owner does not exceed 15 consecutive days or 30 total days per year, with written approval of Pak Management , shall be considered a material default of |this Lot Rental Agneeanant: K merlengo nd Kern No other persons may occupy Resident's home without written permiss ion from Park management. B LOT RENTAL AMOUNT 1 BASE RENT. In consideration for the use of common area facilities and for the use of a place te locate a home, the Home Owner ‘shall Bay to the Park Owner in advance on the first day of every month a base rent of $422.00 without any deduction or offset. Home Owner may pay by check, cashier's check, or money order. Park Owner reserves the rightto refuse a personal cheek, 2. OTHER FEES AND CHARGES. Home Owner may also be assessed the following fees and charges: Special Use Fees: a, Storage Fee --§ el 7 WA b. Retumed Check Charge-$ 35.00. Allchecks aot accepted and honored by the Banking Institutions on the first deposit will be charged a returned check fee. ele . Late Payment Fee -- $30.00 All rental payments shall be due on the first day of each month and shall be deemed to be past duc if not paid by the 5" day ofeach month.} 4. Garbage Disposal Charge — A garbage disposal charge of $ TBD month, per e. Sewage — A sewage charge of $TBD per month. £ Water — A water charge of $_TBD per month. g. Storm Drainage Charge -- A storm drainage charge of $_TBD per month. h, Additi onal Resident Fee — Additional resident and/or "visito x” and/or "guest" sharge of $50.00 a week per guest residin; g in the home for more thau 15 consecutive days or a total of thirty days per calendar year. i. Lot Clean-Up Charge ~$ TBD (per man hour) In case of fire, wind or water damage to Resident's property, or in the event that Resident’s lot is not kept clean and free or trash or debris, Resident shall be responsible for any cost of repairs, removal of debris, and clean up of lot. 3Lawn Maintenance fee, including edging, and trimming, in the amount of SBD for cach required maintena perform nce ed by the Park Owner due to the fact that Home Owner fails and/or refuses to do so. k. Lawn Mowing Charge -- ¢ TBD per season. 1. Garbage Containment Fee — if it becomes necessary for the Pack Ownerto place the Home Owner's garbage in proper containers because home owner fails to do 86, there will be an additional charge of $TBD assessed ta the Home Owner for each occurrence. m. Application Fee ~—A new resident application fee of $_50.00 perapplication. This fee will be charged by the Park Owner as allowed by law, in qualif ying a prospective resident by the Park, If this fee is determined to be an entrance fee prohibited by Section 723.041, Florida Statutes, it will be refunded. a. Pet Fee A pet fee of $ 250.00 per pet gemsacnth_ 0. Pest Control Fee ~ A pest control fee of $_ N/A per month, DB. Skirting and/or Mobile Home Cleanup Fee — A skirting area cleanup fee of § TBD if Home Owner fails and/or refuses to keep the skirting area clean and free of debris or to keep the exterior of the mobile home clean. q. Special Service Fee ~ A special service fee of $ TBD per hour, but not less -2- than § TBD per service call, for any repair, mainisnance, or service (other than those specifically and separately mentioned herein) that is performed ‘by the Park, but which is the responsibility of the Home Owner. tr. Entrance Fee —- § TBD An entrance fee is applicable to any mobile home placed in the Park. (This fee does not apply to the purchaser of a mobile home situated in the Park.) 8. Attorney's Fees --§ TBD (as determined by the courts). Resident shali pay for all reasonable attorney's fees incurred by the park as the result of any action taken by the park against the Resident to collect delinquent rent, enforce the rental agreemen t or the rules and regulations, whether suit is brought or not, and whether such fees are incurred before or at trial or on appeal. As to any such action brought to enforce the provisions of Chapter 723, Florida Statutes, in which action the Home Owner is the prevailing party, the Home Owner shall be entitled to a feasonable attorney's fee as provided by Section 723.068, Florida Statutes. t. Large Item Trash Removal Charge —a minimum of $_ TBD A garbage and/or fash “removal” fee for items which are not collected as part of the nomnal garbage or waste removal services provided in the Park (i.e. refrigerators, large appliances, etc.) if the Home Owner fails and/or refuses to remove same. u. Vehicle Storage Fee -.§ N/A v. Mail Box Fee ~$ N/A w. Speeding Fee -- §_ TBD x. Water Fee -$ TBD per incidence of excess watering. y- Damage to Property Fee ~ § TBD Residents will be held financially responsible for damage to private or park property, including underground services, caused by Residents, their family or guests caused by their family or guests. z. Security Deposit ~ $ 0.00 aa. Recycling Fee —$ 0.00 : bb. Damaged Home Removal Fee--$ TBD Governmental and Utility Charges. These charges will be charged to the Home Owner(s) on a pro zata basis or on such other bases as may be implemented by the governmental authority imposing such charges. ("Pro rata basis” means that percentage derived by dividing the number of mobile home spaces leased by a resident by the total number of eccapied mobile home spaces in the Park.) The governmental and utility charges which may currently be charged to the Home Owner(s) 3- are as follows: a. Water charges or increases in same for usage of water in common areas; b. Sewer charges or increases in same for usage of sewer service in common areas; ce. Waste disposal charges or inereases in same: d, "Taxes", which term includes ad valorem taxes and special or non-ad valorem assessments levied upon or assessed against the park by any unit of government, If the method of property taxation prevailiag on the delivery date of this Prospectus is changed so that taxes now levied or assessed on Park property are replaced partially or completely by a tax levied or assessed upon the Park Owner as a capital levy or otherwise or on or measured by lot rental amounts received by the Park Owner from the Park, or by any assessment other fhan any ad valorem tax, then such new or altered taxes shall be deemed included within the definition of "taxes"; &, “Pass-through charges" including the necessary and actual direct costs and impact or hook up fees for a governmentally mandated capital improvement, which may include the necessary and actual direct costs and impact or hook up fees incusred for capital improvements required for public or private regulated utilities. £ Expenses created and charged to the Park Owner by any federal, state, regional or local governmental entity or utility company, including annual filing fec(s) and the Prospectus filing fec(s) as is required by Chapter 723, Florida Statutes, and any other nen ad valorem assessments; g- Special assessments or charges by any federal, state, regional or local government entity or utility company; h. Replacement utility charges changed ta the Park Owner or to the Home Owner's lot by any federal, state, regional or local governmental entity or utility company for service of 8 type or nature not available on the delivery date of this Prospectus in replacement or substitution, in whole or in part, of any utility or other service that is provided or is available to Park Home Owners on the delivery date; i, New utility charges charged the Park Owner by any federal, state, regional or local governmental entity or utility company that become available for the beneficial nee and enjoyment of the Park residents after the delivery date of this Prospectus; j. Aay presently unknown govermmental or utility charges, as defined above, which are charged to the Park Owner ia the future by any federal, state, regional or local government or utility company may be charged to Home Owner(s) in accordance with law. k. Non-ad valorem assessments. 4. 1. Costs {including interest based on Park Owner's then cost of ‘bomowing) incurred by the Park Owner as a result of actions taken by federal, state, regiona l or local governmental Gatities or utility companies but not direc tly billed to the Park Owner by said federal, state, regional or local governmental entity or witility company. The Park Ownermay recapture these types of costs by charging a lump sum assessment to the Home Owners, at the end ofthe term of the Park's yearly Lot Rental Agreement (Lease), which, for this Park, terminates on December 31st ofeach year. These types of charges shall be charge d to Home Owner(s) after providing notice as required by ‘Chapter 723, Florida Statute s, to the Home Owner(s) on a pro rata basis as defined above and shall be limited to the amount ofthe increased crsts or charges incurred by the Park Owmer and any maintenance and administrative costs as permitted by Section 723.045, Florida Statutes, if applicable. Certain of the above-mentioned government and utility charges and costs which are billed by either the federal, state, regional or local governmental entities or utility companies may be charged te the Home Owners after providing noticeas required by Chapter 723, Florida Statutes, to all Home Owners at any time during the lease term. The amount of an increase in these charges shall be limited to the increased costs or charges billed to the Park Owner by the federal, state, regional or local governmental agency or utility company plus any maintenance and administrative costs relating to same as is permitted by Section 723.045, Florida Statutes, For purposes of this prospectus, garbage collection is considered a utility. In addition to paying the above-listed payments when due, the Home Owner is also required fo pay, upon written notice as prescribed by Chapter 723, Florida Statutes , 2 pro rata portion of all ad valorem and non-ad valorem assessments and any other governmental and utility charges (including but not limited to filing fees and annual fees charged by the Florida Divisio n of Condominiums, Timeshares, and Mobile Homes) and a pro rata portion of increases in property taxes, and the costs of utilities, insurance and services incladiag waste disposal paid by the Park Owner. In those instances where the utilities or any of them are owned or operated by the Park Owner, there shall be included in the determination of utility eost inereases all related out-of pocket costs including, without limitation, the cost of maintaining or operating the utility plant, repairs, capital improvements, and meeting governmental requirements. The Home Owner will also be. required to pay, over a reasonable period of time to be established by the Park Owner, a pro ata Bortion of the costs of capital improvements or alterations required by a government agency and a pro rata portion of the costs and fees associated with hooking up to a private or public utility company if the Park Owner should discontinue operating any utility it now operates. The Home Owner shall also be responsible for payment of costs (including interest based on Park Owner's then cost of borrowi ng) incurred by the Park Owner as a result of actions taken by federal, state regional or local governmental entities or utility companies but not directly billed to the Park Owner by said federal. state. regional or governmental local entity or utility company. The Park Owner m: ay xecapture these types of costs by chargin; ig lump sum assessment to the Home Owners, at the end of the term of the Lot Rental Agreement (Lease). These types of charges shail be charged to Home Owner(s ) after providing advanced written notice as prescribed by Chapter 723, Florida Statutes, to the Home Owner(s) on a pro rata basis as defined above and shall be limited to the exact amount of the increased costs or charges incurred by the Park Owmer and any maintenance and administrative costs as permitted by Section 723.045, Florida Statutes, if applicable. Se The provisions of this Paragraph A. shall apply to all renewals of the Lot Rental Agreement pursuant to the Provisions of Paragraph B. hereof . ¢. RENEWAL. Upon the expiration of the annual term of this Lot Rental Agreement, Home Owner shail be offered a new Lot Renta l A; greement for a term not to exceed 12 months and subject to increases in lot rental amount or other charges based on the market mate, or based on increases otherwise determined as set forth inthe Prospe ctus delivered to Home Owner, provided that Home Owner has not breached any of the terms, covenants, or conditions of this Lot Agreement, the prospectus, the Rules and Rental Regulations or Chapter 723, Florida Statutes. The Owner may also offer Home Owner other Park lo t rental agreements with terms and conditions different than those set forth above. BD. SERVICES PROVIDED BY THE PARK OWNER. Atthe time of executi Lot Rental Agreement, the following services are on of this provided by the Park Owner as part of the lot rental amount: maintenance of the Park’s common areas and use of the Park facilities; electric power for the street lights and common faciliti ies (but not to cach individual mobile home in the Park); waste disposal; and storm drainage. E. TERMINATION. Park Owner may terminate this Agreement upon the Home Owner's failure to comply with this Agreement or the Rules and Regulations, subject to the termination provisions of Chapter 723, Florida Statutes. This Agre emenmay tbe terminated only as permitted by applicable Florida law. Removal of a mobile home from the park without prior notification of the park owner, as required by the park's rules and regula tions, and prior to the end of the current rental term shall be a breach of this lot rental agrecment. All lot rental amount owed hereunder for the balance of the lease term shall be accelerated and shall be due in full as of the date of removal of the hame from the park. All such payments shall thereafter be due and payable immediately. EF. CONDEMNATION. Condemaation of the space which is the subject of this Agreement or of all or a substantial postion of Candlelight Estates MHC shall be sufficient grounds for the unilateral termination of this Agreementby Park Owner; however, in such event. Park Owner shall notify the Home Owaer in writing as required by law. No award for any partial or entire condemnation of the Park shall be apportioned, and the Home Owner hereby Tenounces any interest in any award resulting from a condemnation of ail or part of the real property, improvements and business at Candlelight Estates MHC. Park Owner renounc es any interest ia any relocation award or personal property compensation made to the Home Owner in connection with the condemnation or forced relocation of the Home Owner's home and its appurtenances by a government body, unless the Home Owner makes a claim against Park Owmer for a relacat ion award or property compensation in connection with the displa CCMment, G. RULES AND REGULATIONS. The Home Owner agrees to abide by and conform to all applicable Rules and Regulations adopted by Park Owner and implemented in compliance with state law, THE HOME OWNER ACKNOWLEDGES THAT HE HAS READ, UNDERSTANDS, AND AGREES TO ABIDE BY THE RULES AND REGULATIONS PRIOR TO SIGNING THIS AGREEMENT. Park Owner may, at its discretion aud in conformity with the law, amend the Rules ~G- and Regulations from time to time pursuant Chapter 723, Florida Statue s. HH. DAMAGE OF HOME. Ifthe Home Owner's home or other or so damaged by fire or other cause as to be impro vements destroyed wholly or partially uafit for occupancy or use, the Home Owner shail continue to make all payments called for b y the terms of this Agreement, However, the Home Owner shall make the home or other imp: rovem ent fit for occupanc or y use and make it conform to the Rules and Regulations, or replace it, within sixty days of such destruction or damage. If the home or other improvement is destroyed or irreparably damaged, then it shall be removed promptly by the Home Owner at his orht er OWN Exp! ensé. Ifthe Home Owner fails to so remove it, Park Owner may, with notice, remove it and ch: arge the Home Owner for the cost, which sum shall be due and payable immediately. I, FEXTURES. All structures, including fences, embedded in the ground , blacktop or concrete, shall be maintained in good repair and attractive condition by the Home Owner. If such items are damaged or removed by the Home Owner , then the Home Owner shall repsir any damage caused as a result. a. ATTORNEY'S FEES AND COURT COSTS. Should either Park Owner or the Home Owner be required to employ counsel to enforce the terms, conditions, or covenants of this Agreement, the prevailing party shall recover all reasonable attorne y's fees and court costs incurred. K. SUCCESSORS TO PARK OWNER. If Park Owner should sell its property at Candlelight Estates MHC and assign its tights and obligations under this Agreem ent to the new park owner, the Home Owner shall honor such an assignment by recognizing the new park owner in Park Owner's place and by releasing Park Owner from ail farther obligation under this Agreement, The Home Owner shall and hereby does subordinate its interests, to the extent any interests exist under this Agreement, to Park Owner's successors and to lenders who may be granted a security interest in Pak Owner's property. The Home Owner empowers Park Owner and its successors is attorney-in- fact to execute alll instruments necessaryto accomplish such subordination. Home Owner agrees that he and all occupants of his mobile home shall at alll times conduct themselves with due regard for the Personal aad property rights of the other home ownere of the Pack and will refrain from doing or causing to be done any act or thing that would create a nuisance, which term shall include obstruction of interference with the person and property rights of other occupants of the park or with the orderly and efficient operation of the Park. Home Owner further agrees that the said occupants of his mobile home will keep and maintain the demised premises in good repair, comply with all municipal, county, State or federal laws, regulations or ordinances now or hereaft er applicable, and upon termination of this Lot Rental agreement, surrender the demised premises to the Park Owner in good order and condition. L. ASSIGNMENT AND SUBLETTING. The Home Owner shall not assign this Lot Rental Agreement, or any interest therein, and shall not sublet the leased premises to occupy or use the leased premises withoutthe specific written consent of Park Owner. Any assignmentor subletting without Park Owner's consent shall be void, and shall constitute a defi uit by Home Owmer under this Lot Rental Agreement. }- M. SUCCESSORS TO THE HOME OWNER. Upon Park Owner's prior approval of the buyer, which approval shall not be unreasonably withheld, the balance of the term of this Agreement may be assumed by a person who purchases the Home Owner's home if the condition of the home complies with the Park's Rules and Regulations. At the end of the assumed term, the buyer will be offered a new agreement at the rates and on the terms then established for new residents. Home Owner is responsible for delivering to the buyer Home Owner's prospectus, lot rental agreement, rules and regulations, and current notices of change in rules and regulations. Occupancy of the buyer shall not be deemed to have commenced until delivery of the lot rental agreement, Prospects, current mules and regulations, and current notices of change in rules and regulatio ns to the buyer by the seller or, in the event the seller fails to do so, by the Park Owner. Underne circumstances shall a buyer or those persons who will live with the bryer move into the mobile home he will buy or already has bought until (2) he and all persons who are to live in the mobile home have been approved by Park management to become tenants; and (6) he and all persons who are to live in the mobile home have assumed this lease by fully executing or otherwise identifying themselves as a resident on an identical Lot Rental Agreement covering the balance of the term of this Lot Rental Agreement. Prior to approval of any potential purchaser, Park Management must be notified of the name of all persons who will live with the purchaser, and the current address, phone number, age, job references and any other reasonable information requested by Park Management with respect to all persons who will live in the mobile home following its sale to the potential purchaser. Within ten (10) days of receipt of alll the requested information, Park Manegement shall give the Home Owner notice of whether the potential purchaser and all persons who will live with that purchaser have been approved as being qualified to become Home Owners. Approval shall not be unreasonably withheld. N. STATUTORY PROVISIONS. The relationship between the Home Owner and Park Owner shall be subject to the terms of Chapter 723, Florida Statutes. o WAIVER. The waiver by either party of any default of the other party or the acceptance by Park Owmer of payment with knowledge of any default of any term, covenant or condition of this Agreement shail not be deemed to be a waiver of. any subsequent or further breach of any term, covenant or condition of this Agreement. The failure by either party to take any action in respect to any default of any term, covenant or condition shall not be deemed fo be a waiver of such default or any other or further defanit(s) and the parties reserve the right to pursue their remedies in full at any time. B. SAVINGS CLAUSE. Bach provision of this Agreement is separate and distinct and individually enforceable. In the event any provision is declared to be unlawful, the enforceability of all the other provisions shall not be affected. Q. EVICTION. The Park Owner may evict a Home Owner or a mobile home on one or more of the grounds set forth in Section 723.061, Florida Statutes, including Home Owner's failure to perform any obligation created by this Rental Agreement. R. ABANDONMENT OF MOBILE HOME 1 In the event that the Home Owner abandons the Home Owner's Premises and leaves the Home Owner's mobile home, avtomobile(s) or other personal property on the Home Owner's Premises or in the park, the Home Owner hereby contracts and hires Park Owner for the storage of such property immediately upon such abandonment. Home Owner further agrees that Park Ovmer may charge storage fees for such prope in anrty amouat equal to all sums dus by Home Owner to Park Owner under this Rental Agreement as of the date of abandoument plus an additional monthly Storage fee not to exceed the amount of monthly rental payable under this Rental Agreement. Home Owner further agrees to pay, as an additional storage fee, any costs incurred by Park Owner in the removal of Home Owner's mobile home and/or personal property from the Home Owner's Premises or the Park, 2 Home Owner expressly agrees and recognizes that any storage fees imposed by virtue of the foregoing paragraph shall hecome a lien on the property of the Home Owner so stored and that Park Owner shall have all the rights provided by law. 3 Abandonment shall be effectuated by the Home Owner upon the existence of any of the following circumstances. a Notification by Home Owner to Park Owner of Home Owner's intent to abandon the Home Owner's Premises combined with Home Owner's absence from the Home Owner's Premises for a period of five (5) days, or b. Failure of the Home Ownerto occupy the Home Owner's premises for 4 period of thirty (30) days combined with the failure of Home Owner to pay rent due during such peziod of non-occupancy. 4. In the event the Rental Agreement is terminated by Park Owner and Home Owner refuses to vacate the Home Owner's Premises after being given notice of termination as provided by law, Home Owner hereby contracts with and hires Park Owner for the removal and/or storage of Home Owner's mobile home, automobile(s) and other personal property located on the Home Owner's Premises or in the park. Home Owner further agrees that Park Owner may charge as fees for storage of such property an amount equal to all sums due by Home Owner to Park Owner under this Rental Agreement as of the date of termination plus an additional monthly storage fee not to exceed the amount of monthly rent payable under this Rental Agreement. Home Owner further agrees to pay, as an additional storage fee, any costs incurred by Park Owner in removal of Home Owner's mobile home and/or other property from the Home Owmer's Premises or the park. 5. Home Owner expressly agrees and recognizes that any storage fees, imposed by virtue hereof shall become a lien on the property of Home Owner so stored and the Park Owner shall have all rights provided by law. Qe §. MISCELLANEOUS. 1 The Home Owner shall promptly execute and comply with all statutes, ordinances, rules, order, regulations and requirements of the federal, state, regional and local governments, and of any and ail their departments and bureaus applicable to said Premises, for the correction, prevention and abatement of nuisances or other gtievances, in, upon, or connecied with said Premises during said term. 2. The prompt payment of the lot rental amount for the premises upon the dates named, and the faithful observance of the Rules and Regulations attached hereto and made a part of this lot rental agreement, and of such other and further Rules and Regulations as may be hereafter made by the Park Owner, are the conditions upon which the Lot Rental Agreement is made and accepted. Resident agrees that as a condition of this Lot Rental Agreement, the Park has a lien against Resident's home as set forth in Section 713.77, Florida Statutes, as may hereafter be amended, and that that lien may be perfected by Park Owner's securing possession of the home. 3 it is expressly agreed and understood by and between the parties to this Lot Rental Agreement, that the Park Owner shall not be liable for any damages or injury ‘by water, or by defect or failure by any concrete structure, which may be sustained by the Home Owner or other persons or for any ofher damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other home owner or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the premises. 4 Alll of the Park Owner's rights and remedies are cumulative and not in lieu of each other, and the failure of the Park Owner to exercise any right or remedy shall not operate to forteit such right or remedy in the future or any other rights or remedies of the Park Owner at any time. Forbearance by the Park Owner to enforce one or more of its rights or remedies shall not be deemed to constitute a waiver of any default of Resident sor operate to permit the repetition or continuation of such default. 5 Home Owneracknowledges that all sizeets, thoroughfares, parks end recreation facilities, remain the private property of the Park Owner to be used by Home Owner in common with other home owners of the Park, subject to the Policies and Regulations established by the Park Owner from time to time. 6. If title to or possession of Home Owner's mobile home located in the Park is sold or assigned, other than as set forth herein, voluntarily or involuntarily, or by operation of law, or should any creditor or creditors of Home Owner or any Receiver or Trustee, on behalf of any such creditor or creditors, or any other person or persons, by levy, attachment or other proceeding, or by operation of law, obtain title to or the possession of said mobile home, the new home owner must qualify as a resident pursuant to the conditions sct forth in these rules and regulations. If such approval is not obtained, the new home owner will be subject to eviction. 7. Home Owner agrees to permit Park Owner or its agents, atany reasonable time, to enter the leased premises for the purposes of making repairs, routine maintenance, replacement of -10- utilities, or protection of the Park. 8 Home Owner a; igrees not to hold the Park Owner responsible for any the installation of electricity, water, OF gas, or delay in meters therefore, or interruption in the use and services of such commodities, 9 Home Owner agrees not to use the demised premises, or any part thereof, or to permit the same to be used, for any illegal or inaproper puxposes; not to make, or to permit to be made, any disturbance, noise or annoyance whatsoever detrimental to the premises or to the comfort and peace of the inhabit tants of the vicinity of the demised premise s. 10. This Lot Rental Agreement shall bind the Park Owner and its assigns or successor, and the heirs, administeatozs, legal representatives, executors or successors as the case. may be, of the Home Owner. iL. Home Owner acknowledges that he has read and understands and agrees to abide by the foregoing, and that Home Owner was offered the foregoing Lease prior to occupancy. Home Owner further acknowle