O. Restrictive Use of Furnace Oil as a Fuel
Because of the environmental hazard and potential damage caused by spilled furnace oil, the use of furnace oil as a fuel is restricted to the existing furnace oil tanks, oil supply systems and oil fired heating devices located on Resident’s Homesites at June 1, 2003. No new oil fired heating devices are allowed to be installed in the Community after June 1, 2003. Any oil fired heating device in use and owned by the Resident prior to June 1, 2003 may remain in use until its operational life has expired but it is recommended for environmental reasons that it not be replaced with another oil fired heating device.
2. Natural gas was made available to all Homesites during 1990, making natural gas a less expensive and more environmentally friendly source of fuel. All Homesites are encouraged to convert to natural gas as soon as possible.
3. At such time as any oil fired heating devices serving the Homesite becomes unserviceable, it is recommended for environmental reasons that the Resident not replace the oil fired heating device and instead convert the Home and Homesite to an alternate form of energy acceptable to the Community Owner or Manager. Natural gas is an acceptable alternate source of fuel. Because of limited electrical capacity in the electrical system servicing the Community, no new electric heating devices may be installed in the Community after June 1, 2003.
4. Any new Resident wanting to continue the temporary use of oil tanks and oil fired heating devices must first execute a separate “Oil Tank Agreement.”
5.Any breach of the terms of the “Oil Tank Agreement,” by the new Resident will be considered as a breach to a reasonable material term of the Tenancy Agreement and as a threat to the safety or other lawful right or interest of the Community Owner or other resident or occupant of the Community.
6.The Community Manager shall permit the Resident to keep the existing furnace oil tank and oil fired heating devices located on the Residents’ Homesite under the following terms and conditions:
That the Resident warrant that:
The oil tank, oil supply system and oil fired heating device(s) is fit and has been inspected within the past 12 months.
That the Resident agrees to:
Maintain and service the oil tank, oil filter, oil line and oil fired heating device(s) according to any and all Municipal / Provincial and Federal requirements. To take the necessary steps to repair any damage to the oil tank, oil filter, oil line and oil fired heating device(s) as soon as it occurs and maintain ordinary health, cleanliness and sanitary standards in their use of the oil tank, oil filter oil line and oil fired heating device(s).
7.The Community Owner is not responsible for any damage to the Resident ’s manufactured home, including all accessory equipment and structures and other improvements, or any contents due to any causes related to the allowance of the Community Owner for the Resident to have an oil tank and related equipment on the premises or to operate any oil fired devices.
8. The Resident must waive and release the Community Owner (Landlord) from any liability whatsoever in connection with the use by the Resident, occupant or guest of the Resident, of the oil furnace, oil supply system or oil tank, including injuries or damage caused by anything done or permitted to be done by any of the Residents, the Resident’s occupants or the Resident’s guests, in the Community, or by the Community Owner or the Community Owner’s agents, servants, or employees, or independent contractors in regard to the use of the Resident of an oil furnace and the agreement of the Community Owner to allow an oil tank and oil fired devices to be kept on the Resident’s Homesite.
9. The Resident accepts all responsibility for the costs related to any events including oil spills and leaks, caused by the oil tank and oil system serving the Resident’s Homesite.
10. The Resident must agree and promise with the Community Owner to indemnify and save harmless the Owner in respect of all liabilities, fines, suits, claims, demands, damages, and actions of any kind for which the Owner may become liable by reason of breach of, or non-performance by the Resident of any covenant, promise, agreement, or term of this agreement, or by reason of any act or default by the Resident including, but not limited to, any claims made against the Owner, including any claims pursuant to any environmental legislation, which are attributable to the Resident keeping the existing furnace oil tank, oil filter and oil lines located on the Resident’s Homesite. This indemnity shall, where the breach, non-performance, damage to property, personal injury or death occurs during the term of this agreement, survive termination of this agreement.
11. The Resident must accept full responsibility for the cost of any clean-up resulting from spills or leakage from their oil tank, oil system, or oil fired heating device(s).
12.The Resident must acknowledge that the Community Owner has advised that the cost to clean-up oil spilled or leaked may be prohibitively expensive and that the Owner has advised the Resident to maintain insurance to cover the cost of such clean-up.
13.The Resident is responsible for insuring the manufactured home, including all accessory equipment and structures and other improvements on the manufactured home pad (Homesite) and contents including but not limited to specific insurance covering the use of, and damages that may arise from, operating an oil fired heating device(s) and storing oil on the Resident ’s Homesite and other such insurance as is necessary to protect the Community Owner, third parties, or others from loss, injury or liability.
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