PERMACULTURE AND COMMUNITY FOR SUSTAINABLE LIVING
LIFETIME LEASE ON PROPERTY
This Lifetime Lease to build and reside on Property is made on this first day of January 2019
by Danny N Schultz, II (“LANDLORD”) to ___________ (“Life-TENANT or TENANT)
WHEREAS, the Landlord is the title owner of the property located premises in the County of Del Norte, California, viz: described as Tract 48, in Section 22, Township 17 North, Range 3 East, of the Humboldt Meridian, as designated on the Official Plat of the Independent Resurvey of said Township, on file in the office of the Bureau of Land Management; the premises know as APN 122-180-23, a 160 acre parcel located in area code 95543 , herein by reference (the “Premises” OR “Property”).
1. RENT: TENANT agrees to pay $35,000 (Thirty-Five Thousand Dollars) one-time cost in exchange for living arrangement as follows:
A. Rent is payable upon execution of this contract on January 1st, 2019.
paid by __ personal check, __ money order, __ cashier’s check, or __ other __________________, to LANDLORD.
B. There are no monthly or yearly fees for the life of this contract or thereafter
C. The funds are nonrefundable after the execution of this agreement or upon it’s termination
2. NO SMOKING
No smoking is allowed on the Premises.
TENANT shall not, and shall ensure that guests and licensees of TENANT shall not use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises.
TENANT may build his own residence on a mutually agreed upon location within boundaries of the property. The general dimension of the land area will be approximately 800 to 2000 sq ft. The TENANT is responsible for all expenses and work to create this structure.
The Life-TENANT may not transfer or sell this lease, property, or buildings at any time during the time of this agreement or afterward.
The TENANT forfeits the structure he has built and any plants rooted into the ground in the surrounding landscape upon terminating this agreement
7. SALE OF PREMISES
The LANDLORD of Premises, while living or upon his death, enters into any contract or option to sell or transfer the Premises or any interest in at any time, said contract or option shall be subject to the following conditions: (a) the contract or option shall include written notice that the Premises are subject to the life time lease requirements. The recorded notice of restrictions shall also be included as a note on the final subdivision map or parcel map.
8. RIGHT OF FIRST REFUSAL
Before a contractual sale of the premises to any other party takes place, the TENANT shall be given the right of first refusal -- an opportunity to purchase the land under the same terms offered the other party. The $35,000 (Thirty Five Thousand Dollars) paid toward this Lifetime Lease Agreement will be credited toward the amount of the purchase price..
9. MEMBERSHIP INVESTMENT UPGRADE
TENANT may, with a majority vote of the board, agree to upgrade from an investor member to an owner member. The $35,000 (Thirty Five Thousand Dollars) paid toward this Lifetime Lease Agreement will be credited toward (subtracted from) the amount of the owner member cost.
A. The term begins on _____________________ 2019 (“Commencement Date”), and shall terminate upon the death of the Life-TENANT .
11. TERMINATION OF LEASE PRIOR TO EXPIRATION OF TERM:
A. BY LIFE-TENANT: The life-TENANT(s) in the unit may terminate the lease by voluntarily vacating the unit at any time, providing written notice of such intent to vacate to the landlord.
B. BY LANDLORD: Landlord may only terminate this lease due to an obvious and documentable breach of this agreement through the TENANT’S illegal activity or by Maitreya Mountain Village Association (Exhibit A) membership terms, as stated in
Expulsion of a Member. No Member may be expelled or suspended except according to procedures satisfying the requirements of this section:
Investor Members may be expelled from the Association by:
1. A consensus member vote (not counting the proposed expulsed member) at a duly called meeting, for any lawful reason. Five or more members must be present during any vote for expulsion
2. Violating the terms of residence; TENANT must be living on the Association property at least 50% of the time during any one year period. “Living” one day on premises is defined generally as sleeping overnight on the property.
Exemptions. An exemption to expulsion rules may be granted to the TENANT for personal, emergency or other reasons with a ¾ or greater vote of the board
Two year guarantee. LANDLORD agrees to honor the TENANT lease agreement without voting for expulsion for the first two years (until January 1st 2021) except for reasons of harmful, illegal activity on the part of the TENANT.
12. ASSIGNMENT; SUBLETTING
The TENANT may allow the Landlord to list and administrate his own built structure/residence on a Community Association approved web site (Airbnb.com) for rental income. The TENANT may choose specific dates and period at his own convenience. The TENANT receives fifty percent (50%) of the revenue from received and the Landlord receives fifty percent (50%), paid to the TENANT on the first of each month following the monthly rental period. (i.e. July’s revenue is paid to TENANT on August 1st)
13. RIGHTS AND PROIVELEDGES
The TENANT shall have access and rights to use the resources of Maitreya Mountain Village Association during the term on this agreement, in a fair, reasonable, and equitable way generally agreed upon by the Community Members at Maitreya Mountain Village Association, including: tools, equipment, shared space and structures, all agricultural products stored, actively cultivated, and natively abundant.
14. TENANT INCOME; REVENUE SHARING.
TENANT shall receive 5% total revenue from agricultural sales and combined MMV rental incomes. TENANT receives a check on the 5th of the month on the previous month’s revenue totals and only when participating in community work activities for that month, averaging at least 20 hour per week over that month. A Month is defined from the first day to the last day (e.g. January 1st to January 31st). The percentage of revenue shared can be reviewed an altered by a majority vote of the board,
15. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing. This Agreement is subject to California landlord-TENANT law and shall incorporate all changes required by amendment or successors to such law. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more counterparts, all of which shall constitute one and the same writing.