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Updated for April 1, 2024

 

 

 

THIS AGREEMENT AND LEASE by and between AQUIA HARBOUR PROPERTY OWNERS’ ASSOCIATION, INC., (herein referred to as the “Association”) and STALL RENTER LISTED BELOW (herein referred to as “Stall Renter”). The Association hereby leases the use of a stall, shared barn facilities and paddock, located at Aquia Harbour Stables, 1200 Aquia Drive, Stafford, Va. 22554 (phone: 540‐318‐8261). Aquia Harbour Stables and the surrounding land are private property, with all the protection afforded to ownership of private property. The terms of this lease will be in monthly increments, with an initially prorated amount for the time between the date of this contract and the first day of the month following the execution of this contract.

1. Stall Renter certifies to the Association and will supply proof of legal and equitable ownership or lease of the horse being housed at the Stables, and that a property damage and liability insurance policy and will remain in full force while this lease is in effect.
2. The Stall Renter will begin paying prorated rent on the stall immediately upon the availability of the stall for occupancy and has 90 days from the availability date for the horse to physically occupy the stall or this contract is voided. 
3. It is agreed that should the Stall Renter divest him/herself of ownership of their horse, s/he shall have a right to remain eligible to lease this stall under the terms and conditions as set forth herein, as long as s/he becomes or again becomes the legal and equitable owner or lessee of another horse within ninety days of the date s/he initially divested or ownership, or if the BOD grants a temporary exemption with regard to the requirements of ownership. If/when the Stall renter takes ownership of a new horse, a new lease agreement will be executed for the stall. A new contract is required and will require approval for every new horse, and each fiscal year.
4. The parties agree that except as stated above, a non-horse owner will not be allowed to lease a stall. 

1. The Stall Renter agrees to pay the Association the amount of $125 per month (Resident) or $200 per month (Non‐Resident).
2. With the exception of the prorated rent for the first partial month of occupancy, the rental fee listed in Section II(1) of this contract is due on the 1st of each month, made payable to AHPOA, 1221 Washington Drive, Stafford, Va. 22554. 
3. This fee is due with or without receipt of a bill.  Rental fee rates are subject to change based on the AHPOA budget which goes into effect on April 1st of each year. 30-day notice for rate changes will be given when feasible. It is agreed that the Association shall have a lien against the owned horse for past due rent, fees, and charges due by reason of this agreement until said sums have been paid.
4. This agreement can be terminated at any time, with or without cause, by the Association or the Stall Renter, with 30 days written notice to the other party (or less depending on exigent circumstances as determined in the sole discretion of the Association’s General Manager). The Stables Committee may be consulted, and General Manager will make the final determination.
5. Basis of “for cause” termination includes but is not limited to violation of the lease agreement/barn regulations; disruption of stables operation; failure to coexist peacefully with other owners; any criminal offense; in the determination of the General Manager. 

III. ASSOCIATION OBLIGATIONS 

1. The Association agrees to keep the stables property in good condition through teamwork of stables members and Association staff.
2. The Association agrees to monitor and enforce rules and regulations, particularly as they pertain to safety. 
3. The Association agrees to provide storage for hay, a designated stall, tack locker, feed storage area, and riding areas.
4. The Association agrees to pay for manure hauling. 

IV. HORSE OWNER OBLIGATIONS

1. The stall renter agrees to indemnify, defend, and hold harmless the Association, its agents and employees against all claims, actions, proceedings, damages and liabilities, including attorneys’ fees arising from, related to, or connected with the possession and use of the premises, or arising from or related to the stable member’s person, property, horse, or any family members, guest, associates or employees of the stables member. The AHPOA is not responsible for any accidents and accepts no liability for injury to horse, member, or guest.
2. The Stall Renter agrees to sign and abide by all AHPOA Stables regulations and liability waiver.
3. The Stall Renter agrees to list all sponsored associate members on this lease and ensure that their sponsored associate members are provided with, understand, sign, and abide by the AHPOA Stables regulations and liability waiver.

V. LIMITATION OF ASSOCIATION LIABILITY 

VI. ASSIGNABILITY 

The Association and the Stall Renter each bind themselves, their successors, assigns, and legal representatives to such other parties with respect to all covenants, agreements, and obligations in this lease agreement.  No party shall assign this lease agreement or any payments due hereunder without the prior written consent of the other party.   

A waiver by the Association of any breach of any term or condition hereof shall not be deemed a waiver of any other or any subsequent breach.

In the event that any breach of this Lease Agreement is adjudicated in a Court of Law, the prevailing party shall be entitled to an award of his, her or its attorney’s fees and related costs.   

This lease agreement shall be interpreted and enforced in accordance with the laws of the Commonwealth of Virginia and Stafford County. All parties hereto do hereby expressly agree that if legal action is required to interpret or enforce this Agreement, said action shall be filed in Stafford County, Virginia.   

In the event that any part or provision of this lease agreement shall be adjudged unlawful or unenforceable under Virginia law, any lawful intent of the provision and the remainder of this lease agreement shall nonetheless survive and remain in full force.

  
XI. NOTICE 

Notices allowed or required hereunder shall be either hand‐delivered or sent by United States mail, postage prepaid to the addresses of the parties set forth: (a) 1221 Washington Drive, Stafford, Virginia 22554 (b) address listed for Horse Owner on page 1.