Terms of Service

Mesa Sunset RV Resort

9252 E. Broadway Rd.

Mesa, AZ 85208

Telephone: (480) 984-6731

 

Terms and Conditions

(Short-Term RV Space Rental—Month-to-Month)

(RV Spaces Only; Not for Use with Park Models)

 

Landlord: CPI Mesa Sunset Owner, L.L.C.  

dba Mesa Sunset RV Resort 

9252 E. Broadway Rd.

Mesa, AZ 85208   

Landlord hereby rents to Tenant and Tenant hereby rents from Landlord the above-described Premises (the “Premises”), which is located in the RV Resort identified above (the “Resort”), on the terms and conditions set forth below.

1.  Term – The term of this Agreement shall begin on the Commencement Date and shall end on the last day of the same month as the Commencement Date.  Upon expiration of this Agreement, tenancy shall be on a month-to-month basis on the same terms and conditions as set forth herein.

2.  Termination – Either party may terminate this Agreement for any reason by giving the other party ten (10) days’ notice pursuant to A.R.S. § 33-341(B).  Landlord may terminate this Agreement without notice in the event of Tenant’s failure to pay rent or for criminal conduct of any member of Tenant’s household or conduct in violation of the Crime Free Addendum, or for violation of Landlord’s Rules and Regulations.

3.  Rent – Rents under this Agreement, which shall be paid without deductions or offsets, shall be as follows:

Base Rent per month: $ Varies per reservation length

NSF Fee: $25.00 per returned payment 

Any utilities paid to Landlord as set forth below

Landlord does not accept checks, cash, or money orders.  Rent must be paid via an electronic method.  Landlord may offer several options for electronic rent payment, including but not limited to automatic debit/withdrawals from Tenant’s bank account, payment via an electronic portal provided by Landlord, or payment at a pay station located at a third-party store to be identified by Landlord.  Tenant hereby agrees that Tenant will promptly select an electronic payment method offered by Landlord and execute all required documents to authorize such payment method.  If Tenant utilizes automatic direct withdrawals from Tenant’s checking account, Tenant must promptly complete, execute, and deliver to Landlord such documentation as Landlord may require in connection therewith.  If Tenant fails or refuses to make monthly rent payments via automatic withdrawal procedure or other available electronic method offered by Landlord, Tenant shall pay to Landlord an additional administrative/processing fee of fifty dollars ($50.00) each month during the pendency of such failure or refusal, which fee shall be due and payable together with Tenant’s rental payment for each such month, and shall constitute additional rent.  In the event that any payment from Tenant is returned NSF, Landlord may require payment by money order or cashier’s check only.  Landlord reserves the right, upon 10 days’ notice, to specify the form or location of payment, including but not limited to requiring Tenant to pay via a different method, or canceling the allowance of payment by credit card if so allowed.  In the event of electronic payments to Landlord, Tenant agrees that Landlord or Landlord’s agents’ electronic records shall be conclusive evidence regarding the payment status, rejection, non-acceptance, or other failure of payment.  

Late Charges:  In addition to all other rights and remedies of Landlord and without prejudice to Landlord’s right to terminate this Agreement for non-payment of rent, Tenant shall pay to Landlord a late charge in the amount of twenty-five dollars ($25.00) for any rent not received within six (6) days after it is due, and five dollars ($5.00) per day if it remains unpaid thereafter.  Separate late charges will accrue on each month’s rent that is late or unpaid.  Late charges constitute additional rent.  

Rent is due by 5:00 PM on the first (1st) day of each month without notice or demand.  Tenant shall pay, in addition to the base rent, all transaction privilege, sales, or other taxes applicable to rent, as additional rent each month. 

4.  Use – Only residential use is permitted.  Only Tenant and the following individuals may reside on the Premises:

5.  Description of RV – Tenant warrants the following accurately describes the RV which will be placed on the Premises:

6.  Rules – Tenant agrees to abide to the extent applicable with the Resort’s Rules and Regulations.

7.  Conduct – Tenant shall be fully responsible for the conduct of all members of Tenant’s household and for all guests of Tenant while in the Resort.  Tenant, Tenant’s occupants, guests, invitees, and visitors must behave in a reasonable and respectful manner at all times in the Resort, including but not limited to towards other tenants, and Resort employees, vendors, management, and staff.  Offensive or inappropriate conduct towards anyone, and/or harassment of anyone, including but not limited to Resort management and staff, will not be tolerated and is grounds for termination of tenancy.  Tenant, Tenant’s occupants, guests, visitors, or invitees shall not interfere in the management or operation of the Resort. 

8.  Utilities – In addition to all other rental charges set forth in this Agreement, utility service shall be paid for as indicated below (fill in appropriate space; insert “N/A” if not applicable) and all utilities purchased from Landlord shall constitute additional rent:  

Tenant must maintain utility service at all times without interruption.  For any utilities for which Tenant pays the serving utility directly, Tenant must establish utility service in Tenant’s own name and is responsible for timely paying such utility.  

*For any utilities that are not currently billed by Landlord to Tenant and that are instead included as part of the monthly base rent, the Resort reserves the right to serve Tenant with a notice to begin separately billing Tenant for such utilities during the term of this tenancy and/or any renewal terms.  Specifically, during the term of this tenancy and/or any renewal terms, the Resort may serve Tenant with a ten (10) day notice and may begin separately billing Tenant for such utilities at the rates set forth in that ten (10) day notice.  

9.   JURY TRIAL WAIVER – The parties hereby waive their respective rights to trial by jury in any action arising out of or related in any way to this Agreement, including but not limited to eviction actions.

10.  Attorneys’ Fees – In the event of a dispute hereunder, the prevailing party shall be entitled to his/her reasonable attorneys’ fees and costs.

11.  Applicable Law – This Rental Agreement is covered by Chapter 3, Title 33 ARS (A.R.S. §§ 33-301 through 33-381).  It is NOT covered by the Arizona Mobile Home Parks Residential Landlord and Tenant Act since Tenant is renting the premises for use by a Recreational Vehicle, and not by a Mobile or Manufactured Home.  It is not covered by the Arizona Recreational Vehicle Long-Term Space Rental Act since this tenancy is for 180 days or less.

12.  Transfer – This Agreement and possession of the Premises may not be assigned, sublet, or otherwise transferred by Tenant without the prior written agreement of Landlord. 

13.  Acceptance of Premises – Tenant affirms that Tenant has inspected the premises and the Resort, and Tenant acknowledges that the premises and the Resort are in a good state of repair, sanitary, in fit and habitable condition and accepts the premises and the Resort “as is.”

14.  Force Majeure – If the performance by Landlord of any of Landlord’s obligations or undertakings under this Rental Agreement is interrupted or delayed by any occurrence not occasioned by the conduct of either party to this Rental Agreement, whether that occurrence is an act of God or public enemy, or whether that occurrence is caused by war, riot, storm, earthquake, epidemic, pandemic, or other natural forces, or by the acts of anyone not party to this Agreement, then Landlord shall be excused from any further performance for whatever period of time after or during the occurrence is reasonably necessary to remedy the effects of that occurrence.  Tenant’s obligation to pay rent and any other amounts due hereunder shall not be abated by any such occurrence.  Further, any Community common areas and facilities are not guaranteed and such facilities may be temporarily or even permanently closed for renovations, remodeling, change in use, meetings, Management use, training, maintenance, national emergencies, epidemics, pandemics, acts of God, due to force majeure, and the like, without any modification or change to the amount of rent paid pursuant to this Agreement.  

15.  Entire Agreement – This Agreement supersedes any prior agreements, written or oral, with respect to the subject matter of this Agreement.  THE ON-SITE RESORT MANAGERS ARE NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS NOT CONTAINED IN THIS AGREEMENT OR TO STRIKE OR AMEND THE PROVISIONS OF THIS AGREEMENT OR THE RULES AND REGULATIONS IN ANY WAY.  ANY MODIFICATION TO THIS AGREEMENT MUST BE IN WRITING, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF RESORT OWNERSHIP.   

16.Lock Fee -- Landlord reserves the right to move a customer who paid a Lock Fee and the Lock Fee will be refunded.