LV 1 General Information

A G R E E M E N T

This agreement (the “Agreement”) is made this  21st  day of   September, 2021 (the “Effective Date”), by and between Lamplighter MHP Associates, LC and CAL-AM PROPERTIES, INC. (collectively, “Owner”) and L.V. MANUFACTURED HOMEOWNERS  ASSOCIATION, INC., a Florida not-for-profit corporation (the “HOA”) and its negotiating committee created pursuant to Section 723.037(4), Florida Statutes, (the “Negotiating Committee”) (the HOA and the Negotiating Committee collectively the “Association”) (the HOA, the Negotiating Committee and the Owner collectively the “Parties”).

R E C I T A L S

Owner owns and operates Lamplighter Village, a manufactured housing community located in Brevard County, Florida (the “Community”). In August of 2021, Owner and the Association negotiated a resolution of future rent increases, and the resulting lot rental amounts for the five (5) annual rental agreements beginning January 1, 2022 and ending on December 31, 2026. Pursuant to Rule 61B- 32.004(3) and Section 723.038(6), Florida Statutes, the Parties are reducing their agreement to writing as indicated herein. 

The Parties intend that this Agreement shall be considered a contract between the Parties within the meaning of Section 723.038(6), Florida Statutes, and shall be binding upon the Parties and all Homeowners present on the Effective Date (the “Included Homeowners”) subject to any limitations stated below. Any Homeowner who has executed a lease, an agreement, an  assignment and assumption, or an acknowledgement for market lot rental amount different from the lot rental amounts stated herein, shall be bound by the Homeowner’s existing agreement shall not be considered an Included Homeowner subject to this Agreement.

 Now, therefore, in consideration of the foregoing recitals (which are accurate, material and incorporated into this Agreement), the mutual promises and covenants set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

   1.   Base Rent Increases:  The annual increases in base rent for the period 

January 1, 2022 through December 31, 2026 shall be as follows:

         a.   For the annual lease term beginning January 1, 2022 and ending December 31, 2022 (the “2022 Lease Term”), base rents shall be increased by $39.00 per site per month over the previous year’s base rents.

        b.   For the annual lease term beginning January 1, 2023 and ending December 31, 2023 (the “2023  Lease Term”), base rents shall be increased by $39.00 per site per month over the previous year’s 

base rents.

      c.   For the annual lease term beginning January 1, 2024 and ending December 31, 2024 (the “2024 Lease Term”), base rents shall be increased by $39.00 per site per month over the previous year’s base rents.

      d.   For the annual lease term beginning January 1, 2025 and ending December 31, 2025 (the “2025 Lease Term”), base rents shall be increased by $39.00 per site per month over the previous year’s  base rents.

     e.   For the annual lease term beginning January 1, 2026 and ending December 31, 2026 (the “2026 Lease Term”), base rents shall be increased by $39.00 per site per month over the previous year’s base rents.  

    The foregoing amounts shall be payable without set-off or escrow whatsoever, and the Association agrees that the negotiated increases stated above are reasonable pursuant to Sections  723.033 and 723.003(20),  Florida Statutes and it will not contest or seek mediation on  agreed  increases.

  2. Other Charges: The limitations on base rent increases specified in numbered paragraph I above shall not affect any fees, charges or assessments other than base rent. Owner reserves the right to charge, increase or decrease any other fees, charges and/or assessments (collectively "Fees") available under the Community's prospectuses and any other Fees permitted by law. Such Fees may include, but shall not be limited to, special use fees, govemment and utility charges, pass through charges and pass on charges. 

3. Waiver and Notice: If either Owner or the Association contends that the other is in violation of this Agreement, the prospectus or rental agreement governing any Homeowner's tenancy, or Chapter 723, Florida Statutes, (any or all of which a "Non-Compliance"), the Party alleging default (the "Notice Party") shall notify the Party alleged to be in default (the "Recipient Party") of any such alleged Non-Compliance, including the particulars of the facts giving rise to and constituting such alleged Non-Compliance, within ninety (90) days of the date the Notice Party receives reasonable notice of such facts. The Recipient Party shall have forty-five (45) days from receipt of any such notice to cure the alleged Non-Compliance and, upon completion of any such cure, the Recipient Party shall be deemed not to have been in default or in violation. Notice shall be sent by certified mail or trackable ovemight delivery service to:

 As to Owner: 

(A)  The Community Manager at the Community offce; 

(B) With a copy to:

        Cal-Am Properties, Inc. 

        ATTN: cory Sukert 3

        85 Clinton Street 

        Costa Mesa, CA 92626

As to the Association: 

  (A) To the then current President of the Homeowners' Association at the address showne on the Secretary of State website;

  (B)  With a copy to: the Registered Agent of the Homeowners'' Association at the address shown on the Secretary of State website.

   The Notice and opportunity to cure provisions stated herein shall  be a condition precedent to any legal, equitable or administrative action concerning the alleged Non-Compliance.

    4.   Attorneys' Fees: Litigation: Integrity of Agreement:  In the event of any litigation between the Owner and the Association relating to or arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses of any nature, including but not limited to, attorneys' fees, expert fees and other taxable and non-taxable costs and expenses, both at the trial and appellate levels; provided, however, the foregoing shall not apply to any statutory  meeting with the Owner, subsequent mediation or to any proceeding by or on behalf of any former or current Homeowner seeking to invalidate or otherwise dispute the validity of this Agreement.  The Association and Owner agree to mutually enforce this Agreement and cooperate fully in the event the validity or integrity of this Agreement is attacked or disuted by any such Homeowner.

    5.    Dispute Resolution: Waiver of Jury Trial:  Any controversy or claim arising out of or relating to this Agreement, the interpretation, construction, breach or enforcement hereof, shall first require non-binding mediation pursuant to either Section 723.038 or Chapter 44, of Florida Statutes.  In any proceeding arising out of or relating to this Agreement, the parties waive trial by jury.

  6.    Homeowners Affected by This Agreement: Transferees: 

a) This Agreement shall apply to included Homeowners. If, during the term of this Agreement, any included Homeowner transfers or sells any legal or equitable interest in such Homeowner's mobile home to any transferee or resale purchaser (collectively, a "Transferee"), the Transferee shall be permitted to assume such Included Homeowners rental agreement but only for the remainder of the annual lease term then in effect between the Included Homeowner and Owner. 

 Upon the expiration of such annual lease term the Transferee's rent shall be adjusted to the Community's then prevailing market rate, as determined by Owner in its discretion, which shall be deemed such Transferee base rental amount, as that term is used in paragraph I of this Agreement, for the year in which such initial increase occurs.  Owner may, but shall not be required to, redeliver a prospectus to the Transferee.  Any Included Homeowner who sells or transfers any legal or equitable interest in such Homeowner's mobile home shall be responsible for redelivering such Homeowner's prospectus to such Homeowner's Transferee at the time of initial transfer. 

(b) Any Included Homeowner who relocates during the term of this Agreement to a home owned by the Owner shall pay the then prevailing market rate for the site on which such mobile home is located.  Owner may offer incentive arrangements for the sale or rental of new or used homes in amounts or structures at Owner's sole discretion and nothing contained herein shall affect or apply to these incentive arrangements.

  7.    Mutual Release:   The Association, on its behalf and on behalf of each Homeowner as such Homeowner's representative, hereby releases the Owner, Cal-Am Properties, Inc., Cal-Am Homes, Inc., and their parents, affiliates, subsidiaries, officers, directors, agents, stockholder, members, attorneys, successors and assigns, and Owner hereby releases the Association, its officers, directors, agents and attorneys from any and all claims, actions or causes of action of any kind whatsoever ("Claims"), whether legal, equitable, administrative or otherwise, including, but not limited to, Claims involving or relating to the subject matter of this Agreement, services, maintenance, or  Owner's compliance with or delivery of this Community's prospectuses, rental agreements, as well as any other alleged violation of Chapter 723, Florida Statutes.  With the exception of Claims involving the subject matter of this Agreement, this release shall address only Claims existing on the Effective Date.  This release shall not apply to any Homeowner's failure to pay rent or a rules violation.

   8.   Applicability of Prospectus, Rental Agreement and Chapter 723, Florida Statutes:  Each Homeowner's tenancy shall be governed by his or her prospectus and rental agreement.  In the event of any conflict between the Homeowner's prospectus or rental agreement and this Agreement, this Agreement shall control.

   9.    Entire Agreement: Modification:  This Agreement constitutes the entire agreement to Parties hereto with respect to the subject matter hereof.  This Agreement supercedes all prior and contemporaneous discussions, negotiations, conditions or understandings relating to the subject matter hereof. This Agreement may not be amended or modified except by an instrument in writing signed by all Parties hereto.

    10.   Further Awareness:  The Parties shall, at any time and from time to time following execution hereof, confirm the validity of this Agreement, and execute and deliver all such further instruments and documents a d take all further actions as may be reasonably necessary or appropriate in order to carry out or more effectively satisfy the intent and purposes of this Agreement.

    11.    Representations: Binding Effect:

            a.    By Owner:   Owner represents that it is authorized to enter into this Agreement.  This Agreement shall be binding upon Owner, its successors and assigns.

            b.    By the Association:  The Association represents that it is a duly incorporated Homeowners' Association and Negotiating Committee created and maintained  pursuant to Sections 723.075 through 723.079, Florida Statutes.  The  Association represents the negotiating committee was created in strict compliance with Section 723.037(4), Florida Statutes.  The  Association enters into this Agreement on its behalf and on behalf of each Homeowner of the Community as such Homeowner's representative pursuant to Sections 723.075(1) and  723.079(1), Florida Statutes.

            c.   Reliance Upon Authority To Bind:  Each Party is relying upon the other's authority to bind themselves (and the Included  Homeowners) to the terms of this Agreement.

   13.    Execution in Counterparts:  This Agreement may be executed in counterparts.

                                               Owner

                                                HOA

                                               Negotiating Committee