BLACK HORSE RUN PROPERTY OWNERS ASSOCIATION BARNS AND TRAILS (Homeowner s Barn Lease Agreement) THIS LEASE AGREEMENT is made and entered into as of this day, 2012, by and between, a resident of Black Horse Run, intending to lease or currently leasing stall(s) in the Barns located on the property owned by Black Horse Run Property Owners, Inc. (hereinafter referred to as Boarder ) and Black Horse Run Property Owners, Inc. (hereinafter referred to as ). In consideration of the mutual covenants contained herein, the parties agree as follows: W I T N E S S E T H: That, subject to the terms and conditions hereinafter set forth, the does hereby demise and let and the Boarder does hereby rent the stall(s) in the barn located on the grounds of Black Horse Run Property Owners.. 1. TERM. The term of this Lease shall be for a period of time commencing on the date in which this agreement is signed by both the Boarder and, and expiring on June 30, 20*. 3. RENTAL. The Lessee hereby covenants and agrees to pay a monthly rental rate of $100.00 per month per stall. The rental fee is due on the first day of every month. If rental fees are not paid by the fifth (5th) day of the month then Boarder shall be charged a five dollar ($5.00) fee for late payment. If rent is not paid by the twenty-fifth (25 th ) day of the month, Boarder will be provided with written notice to vacate the barn and remove all property from the premises within 15 days. A fee of $30 will be charged for returned checks. In addition, the Boarder s homeowner s dues must Barns_and_Trails_Agreement1 (10132012].doc 1
be current at all times in order to occupy the premises. Upon any failure to maintain current homeowner s dues, Boarder will be provided with written notice to vacate the barn and remove all property from the premises within 30 days. Upon receipt of written notice to vacate under the terms of paragraph 3, Boarder forfeits any right to rent the premises from the. 4. RENEWALS. Lease renewals will be subject to approval by the. reserves the right to refuse renewal of the lease in its sole discretion. 5. LIMITATIONS AND CONDITIONS. No children under the age of 16 are allowed in the Barn area without being accompanied by a responsible adult. Boarders are limited to a maximum rental of two (2) stalls per rental term. If there is a wait list for stalls, Boarders requesting two (2) stalls will initially only be provided one (1) stall and will be placed on the waiting list for a second stall. 6. MAINTENANCE. The stall and surrounding barn areas are to be kept clean and maintained in a sanitary condition. It is the responsibility of the Boarder to remove all manure and dispose of it according to the Equestrian Subdivision Overlay and DHEC regulations. The use of a Rabon supplement to prevent the propagation of flies is strongly encouraged. Supplies to maintain the cleanliness of the barn and stalls are the responsibility of the Boarder. Failure to properly maintain the premises shall be grounds for termination of this agreement. 7. HEALTH STANDARDS. A current Coggins and yearly vaccination records (rabies, westniles,ewt, rhino/flu) must be presented each year when signing contracts and available BEFORE any new horses enter the barn. Coggins is a state requirement for a Barns_and_Trails_Agreement1 (10132012].doc* 2
boarding facility and strict compliance is required. Black Horse Run requires vaccination records as well. There will be no exceptions to this clause. 8. DAMAGES TO PREMISES. Any and all damage incurred to the premises are the sole responsibility of Boarder, including, but not limited to cribbing, wood chewing and other damages caused by Boarder, its agents, guests, invitees, or animals contained on the premises. Failure to repair damages to the premises will result in termination of rental privileges. 9. USE OF PREMISES. Boarder will make no unlawful or offensive use of the Premises and will comply with all laws, ordinances, and regulations of duly constituted governmental authorities. Boarders and riders are to stay on the horse trails and not ride into personal yards. s property is not to be used for commercial purposes. Therefore, Boarders are restricted from conducting any commercial activities on the premises, including, but not limited to, providing riding lessons or providing stallions as studs. Any violation of this section shall be grounds for termination of this agreement. 9. ACCEPTANCE OF PREMISES. Boarder accepts the premises as is and makes no representations or warranties concerning the property except those specifically contained herein. 10. INDEMNIFICATION AND LIABILITY. shall not be liable or responsible for any activities, accidents, or occurrences that may occur on the premises or in connection with Boarder, its agents, guests, or invitees use thereof. Boarder shall be, and remain, solely responsible for any damages, loss or expenses resulting from use of the premises by Boarder, Boarder s employees, visitors or Barns_and_Trails_Agreement1 (10132012].doc 3
guests, and shall defend and hold harmless for any such damage, losses or expenses. Personal property owned by the Boarder/guest, including horses and equipment, is the sole responsibility of the Boarder and is not covered under the Black Horse Run liability insurance coverage. Furthermore, Boarder agrees to indemnify for any damages, losses or expenses that incurs as a result of Boarder s use of the property or Boarder s guests or visitors, including, but not limited to, the cost of any attorney s fees in connection with any liabilities arising from Lessee s use of the leased premises. South Carolina Code of Laws, Section 47-9-730 requires to provide the following notice to Boarder: WARNING Under South Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of equine activity, pursuant to Article 7, Chapter 9 of Title 47, Code of Laws of South Carolina, 1976. 11. EVICTION. Should Boarder default or violate any terms of the lease agreement contained herein, the following Eviction process shall be applied: First, shall provide written notice of initial default or violation of terms of the lease agreement to Boarder. Second, if Boarder s defaults or violation is not cured, or a second instance of default or violation occurs, may at his option evict Boarder from the premises by giving thirty (30) days notice to Lessee of such eviction. In addition, all moneys paid by Boarder under the lease agreement shall be retained indefinitely and without refund by at the time of the eviction and any and all rights granted to Boarder under this lease will be terminated. Barns_and_Trails_Agreement1 (10132012].doc* 4
12. ASSIGNMENT. Boarder shall not assign any rights provided for under this agreement without the express written consent of. 13. NOTICES. Any notice provided herein shall be deemed to have been served sufficiently if the same shall be in writing and either hand delivered to the other party or sent by U.S. Mail. 14. PARAGRAPH HEADINGS. The paragraph headings throughout this instruments are for convenience and reference only, and words contained therein shall in no way be held to explain, modify amplify or aid in the interpretation, construction or meaning of the provisions of this Lease. 15. LEASE BINDING ON SUCCESSORS, ETC. All covenants and agreements herein made shall extend to and be binding upon the parties hereto and their respective heirs, successors, and assigns, and no modification of this Lease shall be binding unless evidenced by an agreement in writing signed by both the and Boarder. 16. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written agreements, representations, warranties or understandings with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Lease Agreement as of the day and year first above written. Boarder (printed name) Boarder Signature Date Barns_and_Trails_Agreement1 (10132012].doc 5
Representative/Title Representative Signature Date Representative/Title Representative Signature Date Barns_and_Trails_Agreement1 (10132012].doc* 6