Loading...
HomeMy WebLinkAboutCommunity Connections - Beverly Court LLC1 LEASE AND SUBLEASE AGREEMENT THIS LEASE AND SUBLEASE AGREEMENT is made this 18th day of May 2026, by and between Beverly Court LLC(hereinafter “Landlord”), the County of Franklin, Pennsylvania (hereinafter, “Tenant”) and Cory Cross, (hereinafter “Subtenant”). 1. Premises. Landlord leases to Tenant, and Subtenant leases from Tenant, the premises commonly known as 76 South Main St, Apt #303, together with all improvements situation thereon and appurtenances located in Chambersburg PA 17201 (the “Premises”). 2. Rent. The rent for the Premises is $850.00 per month, which shall be payable on the first (1st) day of each calendar month during the term of this Lease and Sublease Agreement. If Landlord does not receive a rent payment within fifteen (15) days of the date it is due, Landlord shall give Tenant written notice of the delinquency. Tenant shall make the payment within fifteen (15) days of the effective date of the notice. If the rent payment is not made within such time, Tenant will be in default. 2.1 Tenant shall have no liability of any kind with respect to any amounts which may be payable under the Lease and Sublease Agreement other than the specific monthly rent. 2.2. Subtenant will pay the following portions of rent as determined from time to time but not less than annually payable under the Lease and Sublease Agreement to Tenant: The Subtenant will pay 10% of their monthly gross income or 30% of monthly adjusted income, whichever is greater. 3. Security Deposit. Tenant has deposited the sum of $850.00 with Landlord to secure the faithful performance by Tenant of all covenants, conditions and agreements contained in this Lease and Sublease Agreement. It is covenanted and agreed that this security deposit shall not be considered trust funds and that the Landlord may deposit the same in any bank or depository selected by said Landlord and may commingle it with other funds. Landlord need not account for any interest earned on said deposit during the term of this Lease and Sublease Agreement. If Tenant defaults in any of the terms, covenants or 2 agreement contained herein to be performed by Tenant, Landlord may apply that portion of the secured deposit to cure such default. If said security deposit shall not equal the amount of such damage the Landlord may apply said deposit as partial settlement of such damage, but by so doing Landlord shall not be precluded from pursuing other remedies or rights. Upon the faithful performance by the Tenant of all the covenants, conditions and agreements contained herein to be performed by Tenant and upon Tenant and Subtenant providing Landlord with a forwarding address and returning all keys to the Premises, and upon the termination of the term of this Lease and Sublease Agreement, unless such term shall have been terminated by the Landlord or Landlord’s agents because of a default by Tenant, the Landlord shall pay over to Tenant a sum of money equal in amount of said deposit pursuant to applicable law. 4. Term. This Lease and Sublease Agreement shall be for an original term of one year commencing July 1st, 2026, and unless terminated pursuant to the provisions below, shall continue from month-to-month until terminated by either party pursuant to the provisions below. 5. Termination by Tenant. Tenant shall have the right to terminate this Lease and Sublease Agreement upon fourteen (14) day’s written notice if: 5.1 Landlord violates any provision of this Lease and Sublease Agreement; 5.2 Landlord fails or refuses to maintain the Premises as set forth herein; 5.3 Landlord is determined by Tenant or by the municipality in which the Premises are located to be in violation of any applicable property maintenance, building, land use, or other code; or 5.4 Subtenant’s participation in the Continuum of Care Program is terminated for any reason. 6. Utilities and Maintenance Charges. Utilities and maintenance charges shall be promptly paid for when due and payable by the Landlord or Subtenant as follows: 3 Cooking Gas/Fuel ☒ Landlord ☐ Subtenant X NA Electricity ☒ Landlord ☐ Subtenant ☐ NA Cable/Satellite Television ☐ Landlord ☒ Subtenant ☐ NA Parking Fee ☐ Landlord ☐ Subtenant ☒ NA Trash Removal ☒ Landlord ☐ Subtenant ☐ NA Recycling Removal ☒ Landlord ☐ Subtenant ☐ NA Sewage Fees ☒ Landlord ☐ Subtenant ☐ NA Sewer Maintenance ☒ Landlord ☐ Subtenant ☐ NA Heater Maintenance ☒ Landlord ☐ Subtenant ☐ NA Filter Replacement ☐ Landlord ☐ Subtenant ☒ NA Air Conditioning ☐ Landlord ☒ Subtenant ☐ NA Air Conditioning Maintenance ☐ Landlord ☒ Subtenant ☐ NA Heat ☒ Landlord ☐ Subtenant ☐ NA Type ☒ Electric ☐ Gas Hot Water ☒ Landlord ☐ Subtenant ☐ NA Type ☒ Electric ☐ Gas Cold Water ☒ Landlord ☐ Subtenant ☐ NA Pest/Rodent Control ☒ Landlord ☐ Subtenant ☐ NA Bed Bugs Remediation ☐ Landlord ☒ Subtenant ☐ NA Snow/Ice Removal* ☒ Landlord ☐ Subtenant ☐ NA Telephone Service ☐ Landlord ☒ Subtenant ☐ NA Lawn and Shrubbery Care ☒ Landlord ☐ Subtenant ☐ NA Unclogging Drains ☒ Landlord ☐ Subtenant ☐ NA Internet Connectivity ☐ Landlord x Subtenant ☐ NA 7. Taxes. Landlord shall timely pay or cause to be paid when due all real property taxes or assessments, general or special, now or hereafter imposed by any federal, state, or local government on the Premises. 8. Insurance. Landlord shall purchase and maintain extended property coverage and comprehensive general liability insurance on the Premises, including a property damage provision, insuring against liability for injury to persons or property occurring on or about the Premises or arising out of the ownership, maintenance, use or occupancy of the Premises. 8.1 Tenant and Subtenant may, but are not required to, purchase and maintain additional insurance on the maintenance, use or occupancy of the Premises. 8.2 Tenant and Subtenant may, but are not required to, purchase and maintain renters’ insurance. 4 8.3 The Tenant and Subtenant agree and understand the Landlord assumes no responsibility for loss or damage to Tenant’s and Subtenant’s personal property or to other contents of the leased premises. 9. Liens and Encumbrances. This Lease and Sublease may be subordinate to any existing or future deeds of trust, provided the lender executes a non-disturbance agreement in favor of Tenant and Subtenant. 10. Maintenance and Repair. Except as specifically set forth herein, Landlord shall repair and maintain in good working condition the Premises and all portions of the Premises, including without limitation the roof, exterior walls and foundation of any structures located on the Premises; all mechanical systems, including the plumbing, heating, cooling, electrical and ventilating systems, all equipment, fixtures, lighting fixtures, lamps, boilers, heaters and appliances on the Premises; and all windows, doors, gutters, downspouts, and other appurtenances to any structures on the Premises. The Tenant and Subtenant shall have no maintenance or repair responsibilities whatsoever for the same, except as stated in Section 6. 10.1 The Subtenant shall, and the Tenant shall ensure that the Subtenant shall, keep that part of the Premises they occupy and use as clean and safe as the condition of the premises permit. In addition, the Subtenant agrees to do the following: A. Remove from such dwelling unit all rubbish, garbage and other waste in a clean and safe manner. B. Keep all plumbing fixtures in the dwelling unit or used by the Subtenant as clean as their condition permits. C. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators in the Premises. 11. Use of Premises. Only the Subtenant who signs this Lease and Sublease shall live in the property. Tenant and Subtenant agree that the rental unit shall be occupied by no more than 1 persons, consisting of 1 adults. Failure of Subtenant to notify Landlord and Tenant of any change in said number of persons shall constitute a breach of this Lease and Sublease Agreement. In addition, the Subtenant agrees to do and Tenant agrees to ensure Tenant does the following: 5 11.1 Not allow any persons on the premises without the express or implied permission or consent of the Subtenant and not engage in conduct that will disturb persons on neighboring properties. 11.2 Obey all laws and ordinances of the United States, the Commonwealth of Pennsylvania, and the Borough/Township of Borough of Chambersburg. 11.3 Agree to abide by all rules and policies of Tenant’s Housing Program. 11.4 Notify Tenant and Landlord or his agent promptly of any item of noncompliance with this Lease and Sublease and any damage caused by the Subtenant, his invitees or family, and any damage to the apartment/house or the common area of which the Subtenant has knowledge. Violation of this paragraph shall not only be a breach of the Lease and Sublease Agreement but in addition, Subtenant agrees to reimburse Tenant and Tenant agrees to reimburse Landlord for any damage Landlord suffers by reason of any such violations. 12. Pets. No pets or other animals may be brought onto, or kept by Tenant, Subtenant or their children, guests, or invitees, on the premises. 13. Alterations. Tenant or Subtenant shall make no alterations in the Premises without the prior written consent of Landlord or his agent. In the event written permission is given by Landlord, no such alteration, additions, modifications, brackets, or other attachments shall thereafter be removed by Tenant or Subtenant, if such removal cannot reasonably be made without damage to the Leased Premises. 14. Assignment or Sublease. Tenant shall not assign this Lease or sublease the Premises to any party other than the Subtenant without the prior written consent of Landlord, which shall not be unreasonably withheld. Subtenant shall not assign or sublease this Sublease. Landlord shall be notified promptly by Subtenant and Tenant of any proposed assignment or sublease prior to any such assignment or sublease. 15. Right of Access. Landlord and Tenant shall have the right to enter the dwelling unit at reasonable hours, after reasonable notice to the Subtenant, given either written or orally, in order to inspect the Premises, make necessary or 6 agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. Landlord and Tenant may further enter the dwelling unit without the consent of Tenant and Subtenant, respectively, in the event of an extreme hazard involving the potential loss of life or severe property damage to property of Landlord, Tenant. Subtenant or other persons residing in or upon the Premises. Subtenant agrees to further let representatives of Tenant enter the Premises upon reasonable notice with regard to any matter concerning Tenant’s Housing Program. 16. Eminent Domain. If any part of the Premises or any part of the access to or from the Premises is taken under the power of eminent domain, conveyed in lieu of condemnation, or acquired for any public or quasi-public use, Tenant may at its sole option terminate this Lease and Sublease. 17. Damage by Casualty. If the Premises are destroyed or substantially damaged by fire or other casualty, either Tenant or Landlord may terminate this Lease and Sublease. If this Lease and Sublease is so terminated, rent shall be paid only to the date of termination. Tenant and Subtenant shall vacate the Premises immediately upon such termination. 17.1 If neither Tenant nor Landlord elects to terminate this Lease and Sublease in case of destruction or damage by casualty, this Lease and Sublease shall continue in full force and effect and Landlord shall restore the Premises (including, without limitation, any improvements constructed by Tenant) to at least their previous condition, within a reasonable time. For the purpose of restoration, Landlord and its agents and contractors may enter the Premises. Rent shall abate during the period of time the Premises are uninhabitable due to damage, destruction, or restoration. 18. Housing Program Compliance. Subtenant agrees to comply with the requirements imposed under the Contract with Tenant’s Housing Program dated February 2026. Noncompliance with the terms of that contract shall confer to Tenant the right to terminate the contract. 19. Default by Landlord. If there is a material noncompliance by Landlord with this Lease and Sublease 7 Agreement, Tenant may deliver a written notice to the Landlord specifying the acts and omissions constituting the breach and that the Lease and Sublease Agreement will terminate upon a periodic rent-paying date not less than thirty (30) days after receipt of the notice. The Lease and Sublease Agreement shall terminate as provided in the notice, subject to the following: (1) If the breach is remediable by repairs or the payment of damages or otherwise, and Landlord adequately initiates a good faith effort to remedy the breach within fourteen (14) days after receipt of the notice, the Lease and Sublease Agreement shall not terminate. However, in the event that the same or a similar breach occurs after the 14-day period provided therein, Tenant may deliver a written notice to Landlord specifically describing the breach and stating that the Lease and Sublease Agreement shall terminate upon a periodic rent-paying date not less than thirty (30) days after the receipt of such notice by Landlord. The Lease and Sublease Agreement shall then terminate as provided in such notice. (2) Tenant may not terminate for a condition caused by an act or omission of, or which is or can be properly attributable to or applicable to, Tenant or any person on the Premises at any time with Tenant’s express or implied permission or consent. Tenant may recover damages and obtain injunctive relief for any noncompliance by Landlord with the Lease and Sublease Agreement. The remedy provided in this paragraph shall be in addition to any right of Tenant arising earlier in this Section 18. If the Lease and Sublease Agreement is terminated, Landlord shall return that portion of the security deposit recoverable by Tenant as provided by law. 20. Default by Tenant or Subtenant. If Tenant or Subtenant violates any provision this Lease and Sublease Agreement: (1) Tenant or Subtenant may lose Tenant or Subtenant’s security deposit. (2) Landlord may sue Tenant or Subtenant for other expenses and may go to court to remove Tenant or 8 Subtenant from the premises. Tenant or Subtenant violates this Lease and Sublease Agreement if Tenant or Subtenant: (1) does not pay rent or other charges to Landlord on time; (2) leaves the leased property for good without the Landlord's permission before the end of the Lease and Sublease Agreement, except as provided herein; (3) does not leave the leased property at the end of the Lease and Sublease Agreement; or (4) does not do all of the things that Tenant or Subtenant agreed to do in this Lease and Sublease Agreement; If Tenant or Subtenant violates the Lease and Sublease Agreement, the Landlord may sue in court: (1) to collect overdue rent, late charges and money damages caused by Tenant or Subtenant's breaking the agreements in the lease. (2) to recover possession of Premises. The provisions of 24 CFR Part 5, Subpart L, including, but not limited to, the prohibited bases for eviction and restrictions on construing lease terms under 24 CFR 5.2205(b) and (c), are incorporated herein by reference, and shall limit Landlord’s right’s set forth herein. 21. Notices and Disclosures. Except as stated in Section 19 above, all notices or other communications shall be in writing signed by the sender, and shall either be (a) personally delivered, or (b) mailed by certified mail, return receipt requested, at or to the following addresses: 9 Landlord: Beverly Court LLC PO Box 625 Greencastle PA 17225 (301)991-4393 drawbaughc@comcast.net Tenant: Misty Conner 272 North 2nd Street Chambersburg, PA 17201 (717)261-3893 mconner@franklincountypa.gov Subtenant: Cory Cross 76 South Main St, Apt 303 Chambersburg, PA 17201 (717) 658-7013 cory.cross73@gmail.com 21.1 Any party may change the address by written notice to the other. Notices shall be effective when received (if personally delivered) or when deposited in the United States Mail (if mailed by certified mail). 21.2 Landlord is Beverly Court LLC_. The name and address of the person authorized to manage the leasehold Premises on behalf of that corporation is: Christopher Drawbaugh (Name) The person on whom service of process should be made is as follows: Christopher Drawbaugh (Name) 10 22. Waiver of Subrogation. Landlord and Tenant and Subtenant each respectively waive all rights of recovery against the other and the other’s agents, employees, permitted licensees and assignees, for any loss or damage to property or injury to or death of persons, to the extent the same is covered or indemnified by proceeds of any insurance, or for which reimbursement is otherwise received. This agreement, however, shall apply only so long as the parties’ respective insurance companies expressly concur in this agreement and waive all subrogation rights. Nothing in this section shall impose any greater liability upon Tenant than would have existed in the absence of this section. 23. Successors and Assigns. This Lease and Sublease Agreement shall inure to the benefit of and be binding upon the heirs, estates, executors, administrators, receivers, custodians, successors and assigns of the respective parties. 24. Amendments. This Lease and Sublease Agreement contains the entire agreement of the parties. No amendments may be made to this Lease and Sublease Agreement except by an agreement in writing executed by all the parties. 25. Miscellaneous. The following provisions are additional terms of this Lease and Sublease Agreement: 25.1 The captions of the sections of this Lease and Sublease Agreement are inserted for convenience only and shall not be used in the interpretation or construction of any provisions of this Lease. 25.2 If any provision of this Lease and Sublease Agreement is held invalid or unenforceable, the holding shall affect only the provision in question, and all other provisions of this Lease and Sublease Agreement shall remain in full force and effect. 25.3 The rule that the terms of an agreement are strictly construed against the drafting party shall have no application to the construction or interpretation of this Lease and Sublease Agreement. 26. “Tenant” Approval. This Lease and Sublease Agreement is expressly subject to the approval of the Franklin County Board of Commissioners. 27. Use of Premises and Extended Absence of Subtenant. Tenant and Subtenant shall occupy the Premises only as a 11 dwelling unit. 28. Choice of Law and Forum Selection. This Lease and Sublease Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its choice of law rules. All claims shall be brought, if at all, in the Court of Common Pleas for the Thirty-Ninth Judicial District of Pennsylvania-Franklin County Branch. 29. Entire Agreement. This Lease and Sublease Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations or agreements. This Lease and Sublease Agreement may not be amended except in writing signed by both Parties. 30. Landlord Rules and Regulations. Tenant and Subtenant agree to obey all rules and regulations for the leased property, which are attached to this Lease and Sublease Agreement as Appendix A. 31. Audit Requirements. In the event that any governmental agency or body determines that Uniform Guidance applies to the Grant Program: 31.1 Landlord must comply with all applicable federal and state grant requirements including The Single Audit Act Amendments of 1996; 2 CFR Part 200 as amended; and any other applicable law or regulation, and any amendment to such other applicable law or regulation that may be enacted or promulgated by the federal government. 31.2 If Landlord expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, Landlord is required to provide the appropriate single or program specific audit in accordance with the provisions outlined in 2 CFR Part 200.501. 31.3 If Landlord expends total federal awards of less than the threshold established by 2 CFR 200.501, it is exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials (or designees) of the federal agency, pass-through entity, and Government Accountability Office (GAO). 31.4 Landlord is responsible for obtaining the necessary 12 audit and securing the services of a certified public accountant or independent governmental auditor. 31.5 Regardless of the Uniform Guidance determination, the County reserves the right for federal and state agencies or their authorized representatives to perform additional audits of a financial or performance nature, if deemed necessary by the County, Commonwealth or federal agencies. Any such additional audit work will rely on work already performed by Landlord’s auditor and the costs for any additional work performed by the federal or state agencies will be borne by those agencies at no additional expense to Landlord. 31.6 Audit documentation and audit reports must be retained by Landlord’s auditor for a minimum of seven (7) years from the date of issuance of the audit report, unless the Landlord’s auditor is notified in writing by the Commonwealth, the cognizant federal agency for audit, or the oversight federal agency for audit to extend the retention period. Audit documentation will be made available upon request to authorized representatives of the County, the Commonwealth, the cognizant federal agency for audit, the oversight federal agency for audit, the federal funding agency, or the GAO. 32. Contractor/Subrecipient Determination. In accordance with OMB Uniform Guidance, this Lease and Sublease Agreement is a Contract and Landlord has been determined to be a Contractor. 33. Records. Landlord shall maintain full and accurate records with respect to this Lease and Sublease Agreement herein. Tenant may require access to such records, as well as the ability to inspect all work, invoices, materials, and other relevant records at reasonable times and places. Upon request of the Tenant, Landlord must furnish all data, reports, contracts, documents, and other information relevant to the grant and use of any grant funds provided by Tenant and/or by any other party. All records referenced herein shall be retained for seven (7) years from the contract execution date. 34. Nondiscrimination. Landlord certifies that it will not discriminate against any tenant, customer, employee, or any person seeking housing by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act, which 13 prohibits discrimination on the basis of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, or in violation of any applicable local, state, or federal laws. Intending to be fully bound, the parties have executed this Lease and Sublease Agreement the day and year first above written. LANDLORD By: County of Franklin By: SUBTENANT By: Cory Cross (May 27, 2026 13:41:50 EDT) Christopher Drawbaugh (May 27, 2026 14:00:31 EDT)