Lease contract of a parcel of land solely intended to accommodate a Louisiane mobile home.
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1- 0- OBJECT
2- 0- DURATION
3- 0- FEES
4- 0- EXPENSES
5- 0- INSURANCE COVER – RESPONSIBILITY
6- 0- SUB-LETTING
7- 0- LEASEBACK
8- 0- PET ANIMALS
9- 0- RESOLUTIVE CLAUSES – PENAL CLAUSES
10- 0- FORMALITIES
11- 0- CHOICE OF DOMICILE
LEASE CONTRACT OF A PARCEL OF SOLELY INTENTED TO ACCOMODATE A LOUISIANE MOBILE HOME.
BETWEEN the simplified sharehold company « De Guers » head office : Camping la pinède – D.161 – 34120 Castelnau de Guers. Share capital of 150 000 Euros – Company registration n° 479 814 758 00013 – APE 552C – Intra-Community VAT N° FR79479814758.
Hereinafter referred to as the LESSOR or the OWNER.
AND MR. AND MRS. ............. residents at .............. Hereinafter referred to as the LESSEE
THE FOLLOWING IS AGREED :
1- 0- OBJECT
The lessor, acting as owner of the residential campsite la Pinède, is leasing to the lessee an individual parcel of land which is solely intended to accommodate a mobile home for 6 to 8 persons at the most, situated in the la Pinède campsite; one authorised car park space situated in one of the three of the domain’s car parks as well as the use of the communal facilities: club house, swimming pool, play areas, open green spaces ...
The domain is open throughout the year.
- 1- 1 Indicated areas
- 1- 2 Location
- 1- 3 Mobile home
- 1- 4 Legal norms
The parcel of land indicated by the n° ... and appears in a hachured manner on the hereinafter appended plan, of a total surface of ... m².
The car park space is indicated by the n° ... and appears in a hachured manner on the hereinafter appended plan.
The rented location which benefits from the installations indicated by the norm « Grand Confort Caravane – mention Loisir »( Grand comfort leisure caravan) is exclusively intended to accommodate a mobile home for occupancy, generally, of more than a month, by clients who do not consider it as being their main place of residence. It is expressly stipulated that this leisure home cannot in any case be transformed into a main place of residence.
Car parking on the rented location is unauthorised, the lessee must park his car in his authorised parking space.
The lessee commits himself and acts in the name of all the occupants of his home to keep or have his rented location and mobile home kept, in good condition, (especially the exterior elements of the mobile home and terrace) and in accordance with company regulations and memorandums.
He will maintain it wisely. Any kind of work, plantations, building and decorating are prohibited.
The lessee commits himself not to undertake any kind of work without asking for prior permission by letter, such tolerance, no matter the length of time, should never be considered as a right, the lessor may at any time put and end to it. Each lessee benefits from a 1m² plot of soil on his terrace in which he is free to do some planting, like : shrubs, herbal plants, vegetable ...
At the moment of signing the contract, it is imperative that the lessee, chooses his mobile home from a range suggested by the owner, and to the exclusion of all else. The price of the mobile home is all-inclusive and includes the delivery, the installation, the connection to the electric and water mains as well as the supplying and the laying of the terrace, which is an exclusive model. The sale of the mobile home will be invoiced by the campsite. The mobile home has a builder’s one-year warranty. The mobile home equipped with its terrace is the property of the lessee and will be placed and linked to the mains on the indicated rented location before ../../2006.
The present contract is governed by the leases to Common rights, resulting from the general regulations applied by articles 1709 and according to the Civil code, the rules and legislation applicable to camping and caravaning, with the exception of the house leasing legislation.
The parcel of land has been converted to the effect of allowing the installation of a mobile home, which must imperatively maintain, at all times, its means of mobility, thus being the wheels and the pulling bar (which may be placed in a retracted position).
On the site, no additional and/or annexed installation of any kind should cause an obstacle directly or indirectly to the mobility of the mobile home and its possible relocation.
From this present day, the lessee promises that the use of the rented spaces are in keeping with the establishment’s rules and regulations and its memorandums as well as with statutory possibilities and rulings governing outdoor activity and its commercial activities.
The lessee acknowledges having examined the company’s rules and regulations on display at the reception.
2- 0- DURATION
- 2- 1 Contract duration
- 2- 2 Renewal of contract by tacit consent clause
- 2- 3 Giving notice
The present lease contract has been agreed for a specific duration of ... year(s). It will come into effect on the ../200. and will end on the 31 December 20.. The lessee may choose a specific duration between 1 and 5 years which is renewable. (clauses 2-2 and 2-3)
When the contract’s expiry date comes to an end, the lease contract will be automatically renewed by tacit consent for a period of one year at a time.
When the main lease contract, or each successive annual renewal contract expires, each party may terminate the lease, without claiming any kind of compensation, providing that the other party is informed 3 months before the expiry date of the contract by registered letter with confirmation of receipt*. At the end of the contract, the lessee promises to remove all stored equipment from the rented spaces, doing so before the 31 December of the last year of the contract. After this deadline, and after receiving final notification, by registered letter with confirmation of receipt to vacate the spaces left unprofitable, the owner will be free to remove the equipment, and notably the mobile home installed on the rented location, at his own convenience and at the cost and risk of the client. The equipment belonging to the lessee, remains his own responsibility.
3- 0- FEES
- 3- 1 Rental Fee
- 3- 2 Indexation clause
The present contract has been agreed and accepted for an annual rental fee of ..... € thereby giving the lessee the right to the private use of his parcel of land, car park space as well as a share of the use of the communal facilities (swimming pool, club house, open green spaces and play areas ...) The amount of the rental fee includes 5,5% tax. In case of any changes in legislation, the fee will be accordingly adjusted. Two separate payments will be directly made to the lessor : 1st payment : 50% on the 1st January of the invoiced year. The 2nd payment : 50% on the 1st August of the invoiced year.
The rental fee will be automatically revised every year on the 1st January, using the variation of the average value of the INSEE national indicator of the cost of construction calculated over 3 quarterly months.
4- 0- EXPENSES
- 4- 1 Consumption expenses
- 4- 2 Taxes
1) Water consumption will be invoiced ( according to prices in effect in the commune of Castelnau de Guers) according to the real consumption on the individual meter. The water consumption reading will be taken at the beginning, during and at the end of the contract and paid by the client on presentation of the invoice. 2) The EDF (Electricité De France-French Electric Board) (6KW/32A) will be invoiced according to the real consumption rate on the individual meter. The electric reading will be taken at the beginning, during and at the end of the year. This consumption reading will be based on a provisional reading at the beginning of the contract period and will be adjusted at the end of the period and paid by the client on presentation of the invoice by the lessor. The price per kilowatt is in line with EDF’s domestic prices and takes into consideration summer prices and also winter prices ( from 31/10 to the 31/03).
Payment of land tax remains the responsibility of the lessor.
With regard to Council and visitor taxes, and the conditions of current legislation and regulations, the lessee is not liable to tax. In the event of changes in legislation or regulations, the lessee will be personally liable to pay.
5- 0- INSURANCE COVER – RESPONSIBILITY
The lessee must take out a full-cover insurance policy to cover amongst others, the risk of theft, fire, water damage, public liability and third party claim, and should supply the lessor with a certificate of this insurance policy, within a month of signing the contract, and then, for every consecutive year. The lessor cannot in any case be considered as being the guardian of the mobile residences, nor held responsible for any damage or theft of material which are stored or used by the client within his establishment. It is the responsibility of the lessee to deal with sewage and to protect his residence from frost during cold periods.
6- 0- SUB-LETTING
The lessee will enclose with this present contract the list of family members who will be the only persons admitted free-of-charge during the lessee’s absence. Any other persons will be considered as subtenants.
Sub-letting is authorised if it is on an occasional or seasonal basis.
The lessor must be given prior notice of any sub-letting. Management have the right to refuse certain subtenants chosen by the lessee
Le locataire pourra alors sous-louer exclusivement par l'intermédiaire de la réception du camping et aux tarifs en vigueur pratiqués à la date de la location. Dans ce cas le locataire versera au camping une somme, par semaine louée, de 30% du montant du tarif en vigueur dans le camping.
The lessee may only sublet through the medium of the Campsite’s reception and according to the fixed prices in force at the date of the lease. In this case, the lessee will pay the campsite the sum , per rental week, of 30% of the amount of the fixed price in force at the campsite.
The lessee will be personally responsible for dealing with his tax obligations concerning income tax without the lessor ever being involved in proceedings.7- 0- LEASEBACK
The lessee cannot at any given moment surrender or retrocede the lease contract, which has been personally granted to him, without informing beforehand by registered letter with confirmation of receipt and having received written confirmation from the lessor.
During the 15 days after receiving the demand, the campsite management could ask for additional documents in order to make their decision.
Management may refuse an applicant chosen by the lessee if some determined conditions are not satisfied within the month of receiving all of the documents. The lessee cannot transmit to the new beneficiary more rights than he had himself.
8- 0- PET ANIMALS
Pet animals are authorised, except for fight dogs and other dangerous animals, if their behaviour does not disturb the peace, the security and the cleanliness of the campsite. The lessee must therefore, keep the animal on a lead and provide an insurance policy covering the animal and its vaccination certificate, in conformity with company rules, regulations and memorandums.
9- 0- RESOLUTIVE CLAUSES – PENAL CLAUSES
In the event of total or partial non-payment of one single term of rent or expenses, and one month after receipt of a simple final notice of payment or summons to pay before execution, left ineffective, in which the lessor declares his intention to use this present clause; the contract will be annuled immediately by the lessor, who has complete right to do so without undertaking any necessary legal action. The lessor may also demand compensation.
The resolutive clause will also come into effect, under the same conditions, in case of failure to possess an insurance policy or breach of rules and legislative obligations.
After issuing the lessee with a notice to quit or implicating the resolutive clause, maintenance of installations on the rented location will give rise to compensation for loss of occupancy.
Further to issuing the lessee with a notice to quit or implicating the resolutive clause and a formal notification sent by registered letter with confirmation of receipt to vacate the premises, the occupant commits himself to remove all the equipment stored on the premises, in the following 30 days at the most.
Past this deadline, the owner will be at liberty to move the equipment, and notably the mobile home installed on the rented location, at his own convenience and at the cost and risk of the occupant.
The equipment belonging to the lessee, remains his own responsibility.
10- 0- FORMALITIES
The client declares : - That He has total legal entitlement to sign and is not under tutelage nor trusteeship. - That His civil status, written on the first page of this contract, is truly his. - That his address is correct and he commits himself to inform the lessor of any changes in his personal situation. - That He is not currently liable to be subject to prosecution or liable to any other measures which could entail total or partial seizure of his belongings. - That He is not liable to be granted by law articles 89-1010 of the 31.12.89 for excessive debt for individuals.
11- 0- CHOICE OF DOMICILE
In order for these present clauses and those to follow be carried out, both parties elect domicile at their residence aforementioned. In case of controversy, the Court of Béziers has sole competent jurisdiction.
* Lettre recommandée avec accusé de réception in French in the text.
