LEASE AGREEMENT
COMMUNITY LAND TRUST
IN THE SOUTHERN BERKSHIRES,
INC.
P.O. Box 276
(413) 528-1737
The Community Land Trust
in the Southern Berkshires, Inc., a non-profit corporation organized under the
laws of the Commonwealth of Massachusetts with an office in the town of Great
Barrington, County of Berkshire and Commonwealth of Massachusetts (hereinafter
referred to as "Land Trust" or "lessor") and ____________________ (hereinafter
referred to as "lessee"), hereby agree as follows:
1. Leasehold Property
1.1 The Land Trust hereby leases unto the
lessee and the lessee accepts from the Land Trust, each in consideration of the
obligations of the other and upon the terms and conditions hereinafter set
forth, sole possession, occupancy and use of a certain residential site
(hereinafter designated as the "Leasehold") situated on land owned by the
lessor in the town of Great Barrington, County of Berkshire, Commonwealth of
Massachusetts, said Leasehold located as shown on the copy of the Forest Row
Land Use Plan attached hereto and designated as leasehold number ______ (__)
plus other interests in the common lands shown and described on the Forest Row
Land Use Plan. Lessee is the owner
of improvements located on said leasehold number _______________. The entire
site (hereinafter "Forest Row Site"), of which the Leasehold is a part, is
described as follows:
Beginning at a point in
the assumed westerly sideline of Christian Hill Road, said point being the
southeast corner of the parcel; thence North 73 degrees 41' 40" West 32.77
feet to an iron pipe found; thence North 73 degrees 41' 04" West 816.83
feet partially along a stone wall to an iron pipe found; thence North 73
degrees 00" 88" West 88.32 feet to an iron pipe found; thence North
13 degrees 17' 02" West 550.00 feet to an iron rod set; thence North 13
degrees 17' 02" West 400.00 feet to an iron rod set; thence North 13
degrees 17' 02" West 239.80 feet to an iron pipe found; thence 74 degrees
05' 50" East 288.82 feet along a stone wall to an iron pipe found; thence
North 30 degrees 55' 31" East 111.51 feet along a stone wall to an iron
pipe found; thence North 51 degrees 29' 40" East 43.83 feet to an iron
pipe found; thence South 76 degrees 55' 53" East 41.54 feet to an iron
pipe found; thence South 55 degrees 22' 07" East 45.80 feet to an iron
pipe found; thence South 55 degrees 29' 12" East 116.40 feet to an iron
pipe found; thence South 17 degrees 39' 49" East 132.33 feet to an iron
pipe found; thence South 75 degrees 11' 35" East 171.07 feet to an iron
pipe found, which iron pipe is located on the assumed sideline of Christian
Hill Road; thence South 16 degrees 09' 56" East 219.07 feet along the
assumed sideline of Christian Hill Road to a point; thence South 21 degrees 39'
44" East 286.74 feet along the assumed sideline of Christian Hill Road to
a point; thence South 21 degrees 10' 55" East 402.63 feet along the
assumed sideline of Christian Hill Road to a point; thence South 19 degrees 07'
31" East 966.09 feet along the assumed sideline of Christian Hill Road to
a point; thence South 17 degrees 42' 33" East 264.50 feet along the
assumed sideline of Christian Hill Road to the place and point of beginning
containing 21.096 acres of land.
1.2 The Land Trust reserves to itself, its
successors and assigns all the
oil, gas, coal and other minerals including water and soil and all rights to
the same of whatever nature upon, in and under the Leasehold, together with the
right to extract, mine, and remove therefrom any or all of the same including
the right to access to and use of such portions of the surface of the Leasehold
as may be necessary for the extraction, mining, and removing of said minerals
with the exception of any portions improved by the lessee. Any extraction, mining and removing of
said minerals shall require the written consent of the lessee and shall be
subject to the obligation of the Land Trust not to interfere with the use of
the Leasehold by the lessee pursuant to this lease and to return the surface on
the Leasehold property to its original state, and provided that the lessee
shall have the right to so much of the minerals so extracted, mined, or removed
as may be reasonably necessary for use by the lessee on the Leasehold itself,
but not for the purpose of selling the minerals or for any exportation purpose.
2. Term
of the Lease and Obligations of Successor Parties
2.l Term of the Lease
A. The term of this
lease agreement shall be for a period of 99 (ninety-nine) years beginning at
noon on the __________ day of ____________2___, and ending at noon on the
_________ day of _________ 2____ unless sooner terminated as provided elsewhere
in this lease.
B. Unless said term is sooner
terminated, the lessee shall have the option to renew this lease agreement upon
these terms or upon such modification of these terms as may be mutually agreed
upon by both parties.
2.2 Obligations of Successor Parties
A. In the event that
ownership of or title to the Leasehold should be conveyed by the Land Trust to
any other person or entity, this lease agreement shall not cease, but shall
remain binding and unaffected.
B. The terms, rights and
obligations of the entire lease, or of any renewal hereof, shall be binding
upon the named parties, or upon any successor or successors to either.
3. Purpose and Utilization of the Leasehold
3.1 The purpose of this lease agreement is
to facilitate the possession, use and occupancy of the Leasehold by the lessee
as one part of a residential community occupying the Forest Row Site described
in 1.1. The residential community
shall consist of constructed dwellings (with any appurtenances) to be used as
the primary residences and home places of the residents of the community,
including such ancillary life support uses of the leasehold properties and the common
areas by the residents of the community as described below. Lessee shall not employ the Leasehold
for any other purposes except those herein described.
3.2 The lessee during the term of this
lease agreement, shall use or permit the use of the Leasehold property and any
improvements thereto only for residential purposes, or uses ancillary and
secondary to such residential purposes, it being understood that such
residential use of the Leasehold shall include the construction of homes on the
premises by the lessee as his/her usual year round dwelling (except as agreed
upon in writing by the Land Trust), and not primarily for investment resale or
seasonal use. Ancillary or
secondary uses may include studios and/or workshops and other productive and
creative work upon the Leasehold land conducted by and for members of the
residential community; and "life support" uses as specified in the preceding
paragraph include activities ancillary and appurtenant to the primary
residential use such as agriculture; utilities for community use; construction
and maintenance of roads and access; timber harvesting for fuel or construction
on the Leasehold, and similar activities designed to support and enhance the
lives of the members of the community, subject, however, to any limitations or
conditions set forth hereinafter.
Consistent with the foregoing, the lessee shall not, without the written
consent of the Land Trust, use or permit the use of the Leasehold for
mercantile, commercial, manufacturing, or industrial purposes other than
customary home occupations which are secondary to the primary residential use.
3.3 In short, the lessee shall use the
Leasehold premises and Leasehold interest only as a homestead (except as agreed upon in writing by
the Land Trust). Use as a
"homestead", in this context, shall mean use as a primary residence by the
lessee and for activities related to such residence, including agriculture and
productive or creative work in the home, studio or workshop, by members of the
residential group.
3.4 Lessee's dwelling unit (hereinafter
"unit") shall be built in accordance with plans and specifications submitted to
and approved by the Land Trust, and such unit shall conform in all respects to
the applicable requirements of the local town's and state's housing codes. Any significant alterations of the
exterior of lessee's unit shall be made only upon the prior approval of the
Land Trust. It is understood and
agreed by the Land Trust in connection with the foregoing provision that the
Land Trust's interest and concern with the interior and design of construction
of lessee's unit is limited to the durability and value of such unit to the
Land Trust under the right of first refusal provision of this agreement
appearing hereinafter, and that the Land Trust's legitimate interest in the
design and construction of the exterior of the lessee's unit and any
modification thereof, is limited to
that right of first refusal
interest plus the legitimate concern of the Land Trust that the lessee's unit
be visually (in architectural design, structure and material, now and in the
future) in harmony (but not necessarily in conformance with the rest of the
residential community's on the site); in keeping with those legitimate
interests, the Land Trust will not unreasonably withhold its consent to
innovative design, structure or materials that do not significantly detract
from the community or residents.
3.5 Lessee shall construct all improvements
permitted pursuant to this lease in conformance with all applicable laws or
regulations, and shall obtain all necessary permits from local, state, federal
and other authorities.
3.6 Lessee shall undertake to maintain the
integrity of the landscape of the Leasehold, shall cultivate and utilize the
Leasehold consistent with this responsibility and shall cooperate with the Land
Trust to develop, implement, and amend from time to time as needed a land
management plan for the Forest Row Site of which the Leasehold is a part. That management plan, that may be
developed with mutually agreeable land use consultants, shall set forth the
natural characteristics of the land, pertinent ecological principles, and sound
management practices to be followed.
Lessee shall use the Leasehold premises pursuant to that plan and in an
ecologically sound manner, maintaining the purity of water and air resources,
the productivity of the soil, and the integrity of the landscape, and disposing
of any wastes in a safe and sanitary manner.
3.7 Lessee hereby agrees to comply with and
implement any water conservation programs established by the Land Trust and
specifically agrees to use those water conservation devices within lessee's
dwelling unit that are or may be required from time to time to meet gallonage
requirements of the community's waste treatment facilities, whether imposed by
governmental authority or otherwise reasonably required by the needs of the
community.
3.8 Lessee shall share equally, with other
lessees of the Forest Row Site, in the maintenance of fences, roads and any
other facilities leased, constructed and used by them in common.
3.9 Lessee shall use the Leasehold premises
in a socially responsible manner, causing no harm and creating no nuisance to
neighbors. Lessee takes
responsibility for the use of the Leasehold premises by members of his/her
family, employees, renters, friends or visitors, and shall make them aware of
the Forest Row Land Use Plan governing the use of the entire 2l acres of the
Forest Row Site.
3.10 The lessee agrees to secure written
consent from the Land Trust for any uses of the Leasehold or improvements
thereon which are not consistent
with the terms of this lease, or about which there may be reasonable
doubt as to their consistency with the terms of this lease. Should the lessee engage in a use of
the Leasehold that the Land Trust judges requires written consent, the Land
Trust shall notify the lessee in writing of the necessity of securing
consent. On notice, the lessee
shall forthwith cease and desist from such use until such consent has been
secured, and shall return the Leasehold property to its previous condition if
consent is not thereafter granted by the Land Trust. Any such request for consent to a particular use of or
waiver of any restriction of the lease shall be either granted or refused by
the Land Trust within thirty days after receipt thereof, and if not granted
within said 30 days shall be deemed denied. Should a change in circumstances occur which in the sole
judgment of the Land Trust so justifies, the lessee may receive in unusual
situations consent for a use that is clearly not consistent with the terms of
this lease, providing further that no use of the Leasehold shall be
inconsistent with or in violation of the Great Barrington by-laws.
4. Lease
Fee Assessment
A lease fee to the Land
Trust from the lessee shall be paid monthly, or upon billing by the Land Trust,
whichever monthly lease fee payment shall be calculated in a separate document
drawn between the Land Trust and lessee but in all cases that fee shall contain
the following:
a. An assessment for the lessee's portion
of town taxes, both taxes on buildings and improvements owned by the lessee and
a portion of taxes on the land.
b. An assessment for lessee's share of
costs incurred by the Land Trust in managing the land, common improvements, and
lease agreements of the Forest Row Site.
This shall include, but not be limited to, maintenance and upkeep on commonly
used driveways, commonly established sewage and water facilities, commonly used
play areas and garden and recreation areas, and other physical management
responsibilities of the Land Trust as specified in the management plans
prepared by the Land Trust in cooperation with lessees of any portion of the
Forest Row Site. It shall also
include a fee for organizational expenses involved with the Land Trust's
meeting its responsibilities to oversee the that the terms of the lease are
met. This organizational expenses
fee shall show as a "management" expense item under the "Forest Row Management
Budget" and shall be $20 per month per leasehold with the right of increase as
follows: it is agreed that the
rate of increase of the "management " line item in the "Management Budget for
Forest Row" shall not exceed the rate of increase of the Federal Consumer Price
Index, with the date of December 31, 2001 being the base-line date for such
computations
c. Land Use Fee -- The Land Use Fee is the
estimated value for land rent in fair market rental rates for year round
apartment and house rentals in the Southern Berkshire area. This portion of the Lease Fee shall be
$60 per month for a single family dwelling site, $45 per month per unit on a
duplex residential site and $30 per month per unit on a quadruplex residential
site. This portion of the lease
fee may be reassessed by the Land Trust periodically in view of inflation and
changes in fair market rentals for year round residents in the region. It is agreed that the rate of increase
of the Land Use Fee shall not exceed the rate of increase of the Federal
Consumer Price Index, with the date of December 31, 2000 being the base-line
date for such computations.
d. Community Land Trust Educational
Fee: In addition to the actual
costs connected with site management and the land use fee, the lessee shall pay
an additional fee of five dollars per month to the Land Trust to cover the
educational work of the Land Trust in its effort to serve more South County
residents. This portion of the Lease Fee Assessment shall not vary through
time.
5.
Payment of Development and Improvement Costs
The costs of development
and improvement of the leasehold subsequent to the date of this lease agreement
shall be incurred and borne solely by the lessee, unless otherwise provided, in
a manner consistent with the terms of this lease.
6.
Improvements: Ownership,
Transfer and Encumbrances
6.1 The lessee shall own all buildings and improvements made to
or on the Leasehold premises by him/her, at his/her expense or on his/her
behalf, upon the conditions hereinafter provided. The lessee shall bear full responsibility for any taxes due
on buildings and improvements.
6.2 The lessee shall notify the lessor, in
writing, of his/her intention to undertake any major construction or
improvement upon or to the Leasehold premises. Such notice shall include a plan describing fully the
proposed construction or improvement and its potential impact on the Leasehold
premises and the surrounding environment, and shall be given at least 60 days
before construction or improvement is to begin.
6.3 The lessee has the right physically to
sever and remove any of his/her buildings or improvements at any time, provided
such removal does no substantial harm to the Leasehold premises in the process
and, should harm or damage be caused, it will be rectified, corrected or
repaired to substantially the same condition as prior to such harm, and
provided the lessee is current in any payment owed by them to the Land Trust.
6.4 The lessee shall have the right to
mortgage to a "permitted
mortgagee" ( defined in Clause 6 of the addendum hereto), pledge, sell or
transfer (hereinafter referred to as "transfer") his/her title to any buildings
and improvements made to or on the Leasehold, provided he/she is current in all
assessments due to the Land Trust.
If in arrears to the Land Trust, the lessee shall secure written consent
from the Land Trust prior to any such transfer. Such a transfer shall be conditional by its express written
terms upon physical severance within two months thereof of such buildings and
improvements that are severable without substantial damage to the Leasehold
property unless transfer without severance is undertaken pursuant to the
paragraph below. The lessee is
under obligation seasonably to inform all prospective transferees and creditors
of this provision. If physical
severance pursuant hereto shall not occur within two months of such transfer,
the transfer shall become null and void as of that date. Lessee is entitled to mortgage his/her
interest in building and improvements and to grant to such mortgage all of
lessee's rights in and to the Leasehold estate of the lessee: such entitlement of the lessee shall
include the right to sell, transfer or otherwise dispose of lessee's interests
to such mortgage in lieu of foreclosure; such transfer shall be subject to
lessor's right of first refusal as provided herein.
6.5 Such transfer need not be conditioned
on physical severance of improvements under the following conditions:
A. First Option. The lessor shall retain a first option
to purchase all buildings and improvements at their local replacement cost less
deterioration, obsolescence and damage.
The lessee shall inform the lessor in writing of his/her intention to
sell improvements without severance and shall state the terms and conditions of
sale. Within 60 days of
notification by lessee, the lessor shall accept the offer, make a counter offer
or release the option. The lessee
shall accept an offer from the Land Trust that equals the local replacement
costs of improvements less depreciation, obsolescence and damage. For the purposes of determining this
value the lessee shall appoint an appraiser with at least five years of
experience as a contractor, realtor or insurance agent. Within two weeks, the lessor will
appoint 2 more appraisers from each of the two other remaining fields with at
least five years experience in the field.
These three appraisers shall be instructed to prepare a written
appraisal of the local replacement costs less deterioration, obsolescence and
damage of the improvements for sale.
The appraisers shall be instructed not to include the site value in
their appraisal, but rather the value of the improvements independent of the
site, and shall be instructed to return their written appraisals to the Land
Trust within 30 days. The cost of
the appraisals shall be borne by the seller and may be added to the sales
cost. The average of the three
appraisals shall constitute the adjusted sale value. In the event of default by lessee in his/her mortgage, the
rights of the parties, notwithstanding anything to the contrary herein, shall
be controlled by Clause 3 of the addendum hereto.
B. Should the lessor fail to exercise its
option or fail to offer the adjusted sale value as determined above, the lessee
may find a buyer and the lessor shall negotiate a lease with the potential
buyer if that can reasonably be done, consistent with the spirit of this
lease. If the buyer offers the
lessee a price above the adjusted price as determined in 6.5A above, the
lessee, after obtaining written agreement from the Land Trust may sell the
buildings and improvements at the offered price with the difference between the
adjusted value and the sale price returning to the Land Trust at the time of
sale.
C. If the transfer is a mortgage, pledge,
or other transaction made for security purposes only, such transfer need not be
conditioned on physical severance if the
documents evidencing the transfer meet the requirements of a permitted
mortgage as set forth in Section 6 of the Addendum attached.
D. If the transfer is a gift, such
transfer need not be conditioned on physical severance if the transfer is by
its express written terms conditioned upon the successful negotiation and
execution of a new Lease Agreement between the Land Trust and the transferee.
6.6 In the event this lease shall
terminate, the lessee (or his/her heirs, unless they shall lease these
premises, as provided hereinafter) shall have the responsibility to sever or to
sell or to otherwise transfer ownership of and title to any buildings or
improvements. The lessee shall
notify the Land Trust of his/her/their intent with regard to this
responsibility within 30 days following termination, and:
A. The lessor shall have the right to
purchase all buildings and improvements at their local replacement costs less
deterioration, obsolescence and damage in a manner consistent with 6.5A above.
B. Should the lessor fail to exercise its
purchase option, the lessor may, nevertheless, place the buildings and
improvements up for sale, consistent with the provisions of 6.5B above.
C. If no acceptable buyer is found within
270 days of the termination of this lease, the lessor shall have the right to
assume ownership of and title to all buildings and improvements. In such an event, the lessor shall sell
the buildings and improvements and shall convey to the lessee the proceeds from
such sale, up the amount of the equity accrued by the lessee as determined in
6.5A above, minus the costs of the sale, the amount of land taxes owed since
termination and any debts owed by the lessee to the lessor.
7.
Inspection
The Land Trust, its
grantors, or its assigns shall have the right to inspect the Leasehold and the
lessee's use of them at any reasonable time and in any reasonable manner.
8.
Liabilities and Responsibilities
8.1 From the date of this lease agreement,
the lessee shall assume sole responsibility and liability to any and all
persons and authorities related to the possession, occupancy and use of the
Leasehold, including all improvements thereon. See addendum for additional provisions regarding liability
and hazard insurance.
8.2 The lessee shall pay all service bills,
utilities charges, taxes or other governmental assessments charged against the
Leasehold.
8.3 The lessee shall safeguard the
Leasehold against damage, waste or trespass and shall hold harmless the lessor
from any liability or loss thus incurred.
8.4 In the event the lessor shall be
required to pay any sum whatsoever in behalf of the lessee's responsibility or
liability, the lessee shall reimburse the lessor for any sums thus paid, and
reasonable expenses caused thereby.
9.
Compensation
9.1 In the event of condemnation by the
Town, State, Federal Government, or other authorities all compensation and damages
with respect to the land, appraised as if free of their lease and entirety
unencumbered, shall be payable to the Land Trust, its successor or
assigns. Any compensation for loss
of buildings or improvements owned by the lessee, as provided in Section 6
above, shall be paid to the lessee, up to the full amount of the assigned value
(replacement cost less depreciation, obsolescence, and damage), and any balance
above such value shall be retained by the Land Trust.
9.2 If the lessee violates any term or condition
of this Lease Agreement, the lessee shall hold harmless the Land Trust for any
damage, expense, or loss incurred in connection with such violation, and any
subsequent termination of this Lease Agreement as provided for in paragraph 10,
below.
9.3 In the event that title to the
Leasehold premises shall have been lost by condemnation, forced sale or eminent
domain, the Land Trust shall make reasonable efforts to apply whatever portion
of the compensation is necessary to the purchase of suitable new lands and
shall grant a similar leasehold interest in the new lands.
10.
Termination
10.1 The lessee may terminate this lease at
any time and for any reason, provided he/she give the lessor at least 90 days
notice, in writing of his/her indication to terminate. Lessee may not terminate so long as
he/she has an outstanding mortgage against the premises or Leasehold interest,
which mortgage is with an institutional lender, or other mortgage approved by
lessor.
10.2 The Land Trust may terminate this lease,
at its discretion, in the event the lessee shall have:
A. Violated any of the provisions or
conditions of this lease, including expressly sections 3, 5, 6, 8, and 15.
B. Abused the Leasehold premises by using
them in any manner seriously detrimental to the land itself, the surrounding
community or the inherent interests of future leaseholders that may not be
included in sections 3, 5, 6, 8 and l5 of the lease.
C. Failed to pay the lease fee or other
costs assessed by the Land Trust (or failed to request and receive a reduction
or waiver of the fees from the Land Trust) within 30 days of notification that
it is overdue.
D. Failed to occupy the Leasehold premises
for at least six months of each year, unless otherwise agreed by the
lessor. (The lessor shall make
reasonable arrangements with the lessee for necessary absences, provided the
lessee has guaranteed a firm intention to return to the Leasehold premises.)
E. Failed to comply with any ruling or
judgment made through the process of arbitration of disputes or grievances
hereinafter provided.
F. The lessor shall not
terminate the lease without first giving to the lessee a 30 day notice, citing
the cause of termination, and an opportunity to correct the default (or, if
correction cannot reasonably be completed within 30 days, to begin and then
continue promptly to complete such correction). The lessee may request arbitration (as provided in Section
14 following) of any issues relating to the cause of termination at any time
within the 30 day period before termination occurs.
10.3. In event of such termination by lessor,
no such termination shall be effectuated until lessee's mortgage is satisfied,
which may be accomplished by lessor paying same. Notwithstanding any of the provisions of the within section
10 (termination), the provisions of addendum clause 6.C. shall be deemed
controlling in the event of any conflicting interpretation of the said
respective clauses.
10.4 If and when his lease shall be
terminated, the lessee shall leave the Leasehold peacefully and quietly within
30 days, without damaging or defacing the Leasehold or improvements thereon in
any way. During this time, all
provisions of this lease agreement shall remain in effect. Notwithstanding the above the
procedures described in Clause 6.6 relative to the transfer of improvements on
a leasehold at the termination of a lease shall remain in effect.
11. Continuation of Lease on Death of Lessee
Upon the death of the
last surviving lessee, the lessor shall agree, upon request of an executor of the estate of the
lessee, to continue this Lease by assigning it on the same terms to one or more of the following:
A. Heir(s) or
beneficiary(s) of the lessee.
B. The spouse of the
lessee; or
C. The child or children
of the lessee; or
D. Member(s) of the
lessee's household or residential group who have resided upon the Leasehold for
at least one year.
12. Lessee Responsibility Upon Divided Household
In the event of a
divided household in which one or more of the lessees of this lease has failed
to occupy the Leasehold for at least six months of a twelve-month period, and
in the event that no party to the lease has requested a termination of the
lease, then full authority and responsibility as lessee shall automatically
devolve upon the remaining resident lessee or resident lessees, including the
right to transfer all improvements on the Leasehold owned by the lessee under
the provisions of Section 6 of the lease and including full responsibility for
all fees due the Land Trust under the provisions of this lease This provision shall not apply to
issues of ownership of improvements amongst multiple lessees, but only to
issues of management of assets and rights amongst multiple lessees in the event
of a divided household. The
purpose of the provision is to ensure the principle of the Land Trust that
accountability for use of a Leasehold remain with the resident users of a
Leasehold. In the event a mortgage
is outstanding under which such lessees are joint obligors, the foregoing
clause shall not impair or limit
their obligation to such mortgagee.
13. Conveyance of Title by Land Trust
In the event that the
Leasehold should be conveyed by the Land Trust to another entity having similar
purposes, this lease shall remain binding and unaffected except by the said
change in identity. Any other
conveyance of the Leasehold property (unless by condemnation in paragraph 9
above) shall be in accordance with the provisions of the by-laws of the Land
Trust regarding the sale of the land, and shall require the written consent of
the lessee.
14. Arbitration
14.1 Should any disputes or grievances arise
between parties to this lease, concerning their respective rights and duties
under the terms of the lease which cannot be resolved in normal interaction,
the following arbitration procedure shall be used: Either party may, by written notice to the other, appoint
one arbitrator. Within ten days
after such notification, the other party shall, by written notice to the
former, appoint a second arbitrator (and in default of such appointment, the
first arbitrator shall be the sole arbitrator). These first two arbitrators shall appoint a third arbitrator
within ten days. Any and all of
the arbitrators so chosen shall be persons with at least five years of
significant experience in Community Land Trust activities or work or shall be
professional arbitrators. The sole
arbitrator or three arbitrators (as the case may be) shall constitute the
arbitration panel.
14.2 The arbitrator(s) shall meet and give
each party an opportunity to present their case and evidence and witnesses, if
any, in the presence of the other.
As soon as possible after the hearing(s), the arbitration panel shall
make a written report of its finding and decisions (by majority vote),
including a personal statement by each arbitrator of his/her vote and reasons
for it. Arbitration should begin,
if possible, within 30 days of the appointment of the arbitration panel, and
judgment should be rendered within 30 days of that date.
l4.3 The parties to this
lease shall share equally the cost of arbitration unless such costs are
provided for differently by the arbitration panel.
14.4 The decisions and awards of the
arbitration panel shall be binding, and judgment may be entered thereon in any
court having jurisdiction.
15.
Miscellaneous Provisions
15.1 Rights to civil liberties, privacy and
quiet enjoyment: the lessor may
not interfere with the personal
lives, associations, expressions or actions of the lessees, except
insofar as they involve the terms and conditions of this lease. The lessor hereby expressly recognizes
the rights of lessees under this lease to the quiet enjoyment of their
leaseholds, to their right of privacy therein, and to their rights to be
guaranteed from infringement on their basic civil liberties (including due
process rights of notice and to a hearing on violations) which rights lessor
solemnly undertakes shall not be unreasonably abridged under the guise of
enforcement of the terms of this lease, or by any other means.
15.2 Whenever this lease shall require that
either party gives notice to, or be advised by, the other, that notice shall be
given in writing mailed, by registered or certified mail, return receipt
requested, to the last known address of the party to be notified, and such
written notice shall also be delivered in person, if possible. Notice shall be deemed given on the
date on which it is delivered or mailed.
15.3 Whenever either party to this lease
asks for the consent of the other in accordance with the provisions of this
lease, that consent must be given or refused, within 30 days, if that is
reasonably possible, unless otherwise provided. If a well-informed judgment requires a longer period, all
reasonable steps must be taken to begin that process within 30 days of the
request, and continue it promptly to completion.
15.4 The failure of the lessor to insist, in
any one or more instances, upon a strict performance of any of the covenants or
conditions of this lease, or to exercise any right or option herein contained,
shall not be construed as a waiver of the option to do so, but such covenants,
rights and options shall continue in full force and effect. No waiver of any one covenant, right or
option shall be deemed a waiver of any other.
15.5 The receipt of the lessor of any lease
fee payment, with the knowledge of the lessee's breach of any covenant hereof,
shall not be deemed a waiver of the lessor's remedies for such breach.
15.6 Both parties agree to submit any
disputes concerning their respective rights and duties under the terms of this
lease to arbitration (as provided in Section 14 above) before any legal action
is taken.
15.7 If any clause or provision of this
lease shall be adjudged invalid, such fact shall not affect the validity of any
other clause or provision, or give rise to any cause of action in favor of
either party as against the other.
15.8 The lessor shall have the right, but
shall be under no duty, to prosecute or defend, in its own or the lessees
names, any actions or proceedings appropriate or necessary for the protection
of the title to, possession of, or
any other interest in the Leasehold.
15.9 The lessee shall maintain membership in
good standing in the Community Land Trust in the Southern Berkshires, as
provided in the Articles of Incorporation and the By-Laws of that corporation.
15.10 This agreement sets forth the entire
agreement between the parties hereto; it is binding upon and inures to the
benefit of the parties hereto and, in accordance with the provisions hereof,
their respective successors in interest.
This agreement may be altered or amended only by a writing executed by
the parties hereto or their legal representatives or, in accordance with the
provisions hereof, their successors and interest.
15.11 Lessee agrees, as a requirement of this
lease, to execute and be a party to (1) The Forest Row Association Agreement,
and (2) (as to lessees of multiple units) The Multiple Unit Agreement, which
lessee acknowledges receiving, reviewing and executing, prior to or
contemporaneously with this lease.
IN
WITNESS WHEREOF, the parties hereunto set their hands and seals this
______________ day of ________________ 2____.
LESSEE
________________________________________
COMMUNITY
LAND TRUST IN THE SOUTHERN BERKSHIRES, INC.
By:______________________________________
its
President
By:______________________________________
its
Treasurer