THIS ADDENDUM AGREEMENT ("Addendum") is entered into this ______ day of ______________, 20______ between _____________________________________ the Landlord, a member of the Wilderness Hollow II Homeowner's Association, a Washington non-profit corporation (hereinafter the "Association"), and _________________________________________ the renter tenant (hereinafter "tenant"). This Addendum is intended to be contemporaneous with the Lease Agreement (the "Lease") dated ________________________ executed by the same parties and shall be fully considered a part thereof The terms of the Lease and all of its exhibits, if any, including the legal description and/or address of the property, are fully incorporated herein by reference. Reference herein to 'The property" shall mean and refer to the property legally described in the Lease or in an attachment or exhibit thereto, and is the property being leased by Lessee therein (such Lease legal description is fully incorporated herein by reference). In the event any of the terms and provisions in this Addendum conflict with any o f the terms of the Lease, the within terms of this Addendum shall supersede and apply.
The parties further agree that additional terms and provisions shall bind them and apply to their Agreement regarding leasing the property, as follows:
- Addenda and Modification:
This Addendum shall be supplemental to the Lease. The Lease and all related documents and attachments contemporaneously executed therewith, by reference herein, are made a part hereof and all of their terms, conditions and provisions, unless specifically modified or superseded herein, shall continue to fully apply to the parties. It is intended that the terms within this Addendum shall supersede and prevail over and against any conflicting terms in the Lease.
- Copy of Governing Documents:
Tenant agrees that he has received a copy of the Association's Declaration of Covenants, Conditions and Restrictions, Bylaws, Articles of Incorporation, Rules and Regulations, and all other applicable governing documents (collectively the "governing documents"). Tenant agrees that he has reviewed and signed a copy of the governing documents of the Association and that tenant agrees, as a condition of the lease, to abide by all provisions of the governing documents. Tenant further acknowledges that Tenant's failure to abide by the terms of the governing documents shall constitute a material breach of this lease Addendum and the lease.
- Addendum is part of Primary Lease:
The parties further agree that all the covenants and agreements contained in this Lease addendum shall be deemed to be part of the primary lease and incorporated entirely therein as if included originally. The parties agree that in the event of a conflict between the terms of the lease addendum and the primary lease, the terms of this lease addendum shall take precedence.
- Governing Documents take precedence:
The parties further agree that the lease is subject to and consistent with the provisions of the governing documents, as they are and as they may be amended from time to time. In case of a conflict between the lease and the provisions of the governing documents, the provisions of the governing documents shall take precedence.
- Use of Common Elements:
Landlords, as a member of the Association, hereby transfers and assigns to tenant all rights and privileges that member landlord has to use the Association's common elements. Member landlord and tenant agree that the Association reserves the right to withhold access to common element amenities from tenant for any reason it would be authorized, under the terms of the governing documents, to refuse a member such access.
- Enforcement of terms:
In the event of a default by tenant of any of the terms of the Primary Lease or this Addendum, the Association, in addition to any other remedies it might have, shall notify the member landlord of the default(s) and demand that they be corrected within a reasonable deadline established by the Association in the notice. The Association may also send a copy of such notice to the tenant. If the default is not cured within such deadline, the member landlord at his or her own expense and cost shall institute an eviction action against the tenant and diligently prosecute such action. The Unlawful Detainer action shall not be settled without the prior consent of the Association. In the event the member landlord fails to fulfill this ongoing obligation, the Association shall have the right, but not the duty, to institute and prosecute an action as attorney-in-fact for the member landlord and at the member landlord's sole cost and expense, including all legal fees incurred. The member landlord hereby irrevocably names, constitutes, appoints and confirms the Association as his attorney-in-fact to take all such action as it deems appropriate on his behalf regarding enforcement of the governing documents and the lease against tenant, including, without limitation eviction if tenant or his family members and/or guests violate the governing documents and fail to comply after reasonable notice of violation or noncompliance. All costs and attorney's fees incurred by the Association to enforce the terms of the primary lease and/or this lease addendum and/or the governing documents of the association as defined herein above or to evict the tenant pursuant thereto shall be deemed a lien on the home/property involved. The Association may enforce collection of the lien in the same manner as an assessment. Both the member landlord and the tenant acknowledge that the Association is a third-party beneficiary of the primary lease and the lease addendum. However, nothing herein is intended to nor shall make the Association an agent of Landlord or subject to Landlord's duties and obligations to tenant under the Lease or applicable laws under any circumstances.
- Meaning of Words:
Unless some other meaning and intent are apparent from the context, the parties intend that the plural shall include the singular and visa versa, and that masculine, feminine and neuter words shall be used interchangeably.
- Binding Effect:
This instrument shall be binding upon and shall inure to the benefit of the heirs, executors and assigns of the respective parties hereto.
This instrument may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought.
- Paragraph Headings:
The paragraph headings herein are inserted only for convenience of reference and are in no way to be construed as part of this instrument or a limitation of the scope of the particular paragraphs to which they refer.
- Governing Law/Venue/Jurisdiction:
This document shall be governed by and construed under the laws of the State of Washington. Further, should either party to enforce this Addendum file civil suit or the Agreement, venue and jurisdiction may lie and be proper in King County, Washington.
- Saving Clause:
In the event that any provision of this instrument shall be determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect the validity of any other provision herein.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.
Print Name: __________________________________________________
Print Name: __________________________________________________