Rules & Regulations

1. GOOD NEIGHBOR. The following Rules and Regulations have been established to encourage community cooperation and to promote an environment that allows for quiet enjoyment in the community, keeping in mind the welfare of all Residents, guests, and employees of the Park, and protecting and enhancing the value of your investment in your home.  Being a “GOOD NEIGHBOR” is worth more than a set of rules.  We trust we will have your complete cooperation due to the fact that you are interested in having a nice community in which to live.

2. UNIVERSAL RULE. Unless a more specific rule exists, the Universal Rule applies which is that (a) Residents (as defined in Civil Code section 798.11) will conduct themselves in a reasonable manner, being respectful of the rights of others; (b) Residents will not adversely affect others; (c) Residents will not do anything which may cause endangerment to property or person; and (d) Residents will not engage in any activity which may cause nuisance, violation of law, or exposure to liability to other Residents, or to the community, even if not specifically described in these Rules and Regulations and (e) Residents are responsible for the conduct and actions of all family members and guests.

3. COMPLIANCE. Residents and guests have the right to be in the Park and use facilities only if they comply with the Rules and Regulations and other provisions of the Park’s residency documents.  Violation of any federal, state, or local law is prohibited by you or your guests.

These Rules and Regulations,  the California Mobilehome Residency Law (CA Civil Code §798 et seq.), and all other rules of conduct of the Park that are posted throughout the community, which may change from time to time, and any other documents of the Park, are part of the Resident’s Rental Agreement, and by this reference, are incorporated into the Rental Agreement.

4. ENFORCEMENT. Due to the fact that you live in a community in which you live in close proximity to others, you will be subject to a certain amount of disturbance by your neighbors, as you also would in any other type of neighborhood dwelling.  For example, children run and play, people laugh and talk outside of their homes, Residents work at varying hours, lawn equipment is operated, music is played, friends come and go, and so on.  Therefore, should such an occasion exist in which a disturbance is created by others in the community which you believe to be unreasonable, we ask that you make every effort to speak with the individual who is creating the problem and attempt to resolve it on your own.  Should you be unable to achieve satisfaction in the resolution of your problem, and it continues to persist, it would be appropriate, at that time, to request Management’s assistance. 

Management will make every effort to reasonably and uniformly enforce these Rules and Regulations.However, there may be instances when it will be impossible to do so due to various practical and/or legal considerations.Resident recognizes that the Park’s ability to obtain compliance is dependent upon a number of factors, including the cooperation of all Residents and their guests.

5. RESIDENCY REQUIREMENTS.

5.1  Rental Agreement.  Any person wishing to purchase a home and become a Resident of the Park must make application for residency in writing, and be approved by Management. No rights of tenancy shall exist unless and until Management has approved the prospective occupant as a Resident, and a rental agreement has been executed, pursuant to California Civil Code section 798.75.  

5.2  All occupants register with Management.  Every family member over the age of 18 years who will occupy the home on a regular basis must sign the Park Rules and Regulations and other residency documents.  Any additional persons staying over 30 days must be approved, in writing, by Management and sign a Co-Occupant Agreement.

5.3  Manufactured/mobile home registration.  Management must be provided with a copy of the current registration of the manufactured/mobile home upon initial occupancy and be notified immediately of any changes.  

5.4  Subleasing:  There is no power and no right to sublease, unless approved in writing in advance by the Park in conformance with Management hardship-sublease policy guidelines, and pursuant to state or federal law.

6. USE AND OCCUPANCY.

6.1. Your home and space are for residential purposes only and may not be used for any commercial activity without prior written approval from Management. Businesses will not be permitted which would increase the risk of harm to Management, or to any other person or property, or would create an unreasonable amount of traffic within the Park, or would be inconsistent with Park zoning, or might increase the insurance cost to the Park.

6.2. No more than two (2) persons per bedroom, plus one (1) additional person may occupy the home.  For the purposes of this restriction, a  “bedroom” is a room intended by the manufacturer to be regularly used as a bedroom and all bedrooms must contain closet space.  A bedroom is not a den, family room, living room, or other room which has been or could be converted to a bedroom.

7. ARCHITECTURAL STANDARDS.

7.1. Prior Approval. Installation of new homes or accessory structures, or repair or replacement of currently existingskirting, awnings, porches, steps, decks, paving, sheds, landscaping and fences, shall require prior written approval by Management.  A written plan describing the proposal for installation must be submitted and approved by Management prior to commencement of any work.  Any item installed without prior Management approval and deemed to be unacceptable to Management, will be required to be removed by you within 10 days of notification of deficiency.  

You are cautioned that there may be other spaces within the Park which have accessory equipment, structures or landscaping that are “grandfathered” and do not presently conform with the Park’s standards;  therefore, do not assume that your plans will be approved because they conform with other existing homes, spaces or landscaping within the Park.

7.2  Building Permits and Compliance with Law.  Building permits or licenses that are required to perform any installation or modification to your home, accessory equipment, or structures must be secured and a copy given to Management prior to commencement of any work. A copy of the finalized permit must be given to Management for your file.  All manufactured/mobile homes, their accessory equipment and structures, and appliances must comply with Title 25, Chapter 2, California Code of Regulations.  

7.3  Timing of Completion.  New home installation and all approved landscaping, accessory equipment and structures on existing homes must be completed within 60 days of the date of approval. 

7.4  Manufactured Home. Management reserves the right to approve or reject any manufactured home as to age, size, appearance and accessory structures, which are to be installed or stored in the Park.  These items include, but are not limited to, skirting, carport and patio awnings, pop-outs, add-ons, fences, decks, cabanas, cabinets, storage sheds, and concrete slabs.  Resident agrees not to replace the home on the space without first obtaining Management’s written consent and all necessary permits.

7.5  Earthquake Bracing or Tiedowns, approved by the State of California, are required for all new installations of homes.

7.6  Skirting and siding shall be standard manufactured home siding and skirting, shall not be composed of fiberglass, corrugated metal, unfinished, or unsafe materials.  Skirting color and material must be coordinated with the home color and siding surface. Skirting is required around the entire home, porch and steps.  Exterior colors must be approved by Management.

7.7  Carport and Patio Awnings must meet applicable codes (Title 25) and be compatible with the home.  Management approval and installation permit  is required.

7.8  Porches, Steps, and Decks must be constructed under permit when required and meet local and state building codes (Title 25), which are very specific as to required dimensions of steps and railings.  All porches and steps, other than those constructed of decorative masonry, redwood or similar naturally weatherproof wood, shall be carpeted or painted with an approved color to match the exterior of the home. If painted, steps should have skid-resistant paint.

7.9  Storage Sheds.  Resident may install up to 2 storage sheds, of which the total floor area shall not exceed 120 square feet, or extend more than 10’ in height, and subject to the 75% lot coverage limitation and setback requirements of Title 25. Shed material and location must be approved by Management. You may not electrify or otherwise modify your storage shed without first consulting with Management and obtaining required permits to ensure safe and proper installation.  In order not to provide shelter for wild pest animals such as rats, skunks and raccoons, shed foundations must be enclosed.

7.10  Fences  are allowed provided that they are of design, material and location approved in writing by Management prior to installation, and subject to the following height limitations: 4 feet maximum in front and side yard to 20 feet back from street; 6 feet in back yard (more than 20 feet from street).  Neighbors sharing the lot line must be consulted concerning the fence plans prior to construction. No fence shall be installed so as to prevent public safety personnel from performing duties or the Park employees/vendors from gaining access to the utilities. 

7.11  Satellite Dishes & Antennas.  In order to maintain an attractive community, Residents are urged to rely on cable reception rather than install visible outdoor antennas. A satellite dish, no larger than one meter in diameter, may be installed in a location not visible from the street.  If placement in such a location impairs the quality of reception, a partially visible satellite dish colored to blend with its surroundings may be placed on the home or space in the most unobtrusive location possible, attractively shielded from view to the extent feasible.  In all instances, the satellite dish must be securely attached in a manner that will not constitute a hazard.   

7.12  Outdoor Lighting should be of the lowest brightness that will reasonably illuminate an area, and security floodlights should be placed, adjusted or shielded so that they don’t shine on a neighbor’s home.

7.13  Landscaping.  Residents are encouraged to be creative in the choice of landscaping and may use any combination of lawn, shrub, flowers, or rock approved by Management.  At least some living green plants should be included. When choosing plant material, keep in mind that the roots of large trees may cause future damage such as cracking or buckling to sidewalks, driveway, streets, utilities, or the level placement of the home, and you will be solely liable for any such damage.  Only trees of a specific variety and size approved by Management to be placed in an authorized location will be permitted. If decorative rock is to be used, edging must be used in order to contain the rock within the space. Decorative items of any kind, which include but are not limited to statuary, barbecue pits, wood ornaments, masonry, or brickwork, must be approved by Management.  

8. MAINTENTANCE.

8.1 Resident is responsible for maintaining the home and all of its improvements and accessories upon the space, whether existing prior to occupancy or installed by Resident, in good and safe condition and repair, and in an aesthetically pleasing condition.  This includes, but is not limited to, skirting, awnings, storage sheds, fences, walkways, trees, and landscaping.  This obligation includes the replacement of any such items, which are missing or are damaged to the point that they cannot be reasonably repaired.  This obligation also includes the repainting of the home and accessory structures when they are reasonably in need of repainting.  Color and materials used are subject to Management’s prior written approval. 

8.2  Landscape maintenance. All landscaping must be attractive and well maintained by Resident which includes sufficient watering, as needed. Lawns must be mowed regularly, and the space kept free of weeds and debris. Decorative rock must be kept in a neat condition, weed-free, with no plastic visible from underneath, and not allowed to scatter into streets, walks and driveways. Resident must maintain all trees on their lot so that the trees will not become a health and safety hazard.  No new trees can be planted in the community without prior written approval from Management or they will have to be removed at the Resident’s expense.

8.3  Drainage.  Resident is not permitted to affect the flow of drainage that was established when the Park was designed, or to create the buildup or accumulation of water under the home, on the space or adjacent spaces.  You are financially responsible for correcting any drainage problems or damage that may result.  You may not leave hoses or sprinklers running so that water runs into the street or onto a neighbor’s property.

8.4  Digging.  In order to try to avoid damage to the underground utilities, Resident must have Management’s consent before digging or driving rods or stakes into the ground. Resident shall bear the cost of repairs to any utilities or Park property damaged by Resident. 

8.5  Driveway Maintenance.   The Park shall be solely responsible for the maintenance, repair, sealing, or replacement of all driveways installed by the Park. Residents shall be solely responsible for maintenance of driveways installed by them or previous Residents.  Residents shall be responsible for damage to driveways resultant from use of cleaning material, oil dripping, excessive load bearing, physical abuse, and other related items.  Any such damage will be repaired and/or restored at the Resident’s expense upon the request of Management.

8.6 Outdoor Storage.  Unless specifically approved by Management, nothing may be stored, installed, or hung outside of the home or storage shed. This includes but is not limited to toys, furniture that is not manufactured for outdoor purposes, appliances, trash, auto parts, equipment, tools, or laundry.  Only patio furniture, one barbecue, and bicycles, all of which must be in good condition, are permitted outside of the home or storage shed.  Electrical cords, rope, wire, or any other similar material may not be strung on the exterior of the home, or from the home to the storage shed.

8.7 Window coverings must be appropriate and manufactured for such purpose, such as proper blinds, shades, drapery. Other than screens and shutters, window treatments may not be placed on the exterior of a home. Blankets, foil, sheets, paper, paint, furniture, towels, newspapers, clothing, rugs or plastic may not be used to cover any window inside or outside of the home.

8.8  Trash cans and recycling bins must be stored out of sight of the street.  Covers must be securely fastened to prevent animals from spilling contents.   Containers must not be put at curbside for collection more than 18 hours before collection and must be removed from curbside within 18 hours after collection. 

8.9  Mosquito Control.   In order to help prevent mosquitoes from breeding, do not keep open containers that catch and hold rainwater, and remove any sources of standing water from your lot.  Empty and refill bird baths at least weekly. 

8.10 Utilities.  The utility pedestal (water, gas, electric, and sewer connections) must be accessible at all times.  If any one of the Park’s gas or water shut-off valves or electrical installations is located on your space, it must also be kept uncovered and accessible at all times. 

Resident is responsible for the connection from the utility pedestal to the home which must be performed in a state-approved method. You shall not tamper with the utilities, or modify in any way, the connections for gas, electric, water, sewer, or any other utilities. Should you or your guests be responsible for any damage to the utilities, you will be billed for any cost of repair. 

8.11 Sewage Disposal.  Cooking grease must be contained, and not poured down the sink into the sewage system.  Items such as potato peelings, diapers, clothing, paper products other than toilet paper, toys, rocks or any other foreign object must not be flushed into the toilet or otherwise placed into the sewer system.

8.12 Hazardous Materials. Anything that creates a threat to health and safety shall not be permitted to be stored or used on Resident’s space or anywhere on Park property.  No flammable, combustible, volatile, corrosive, or toxic fluid, material, chemicals or substances except ones customarily used for normal household purposes, may be stored on your space, and then only in quantities reasonably necessary for normal household purposes. Such material may not be disposed of in common area receptacles or household trash, but must be taken to appropriate hazardous waste disposal facilities.  

8.13 Signs.  Signs of a commercial nature are not allowed, except that you may advertise the sale of your home provided that your sign meets the requirements of the Mobilehome Residency Law Section 798.70.  

9. VEHICLES, STREETS AND PARKING.

9.1 Parking.

(a) Resident parking. All automobiles must be parked entirely on the Resident’s paved parking area.  No part of the vehicle may protrude into the street past the curb line or be parked in any manner that will impede the flow of traffic or block the view at intersections.  Additional parking areas for homesites must be approved in writing by Management, and will only be allowed if sufficient space is available and does not detract from the appearance of the homesite. No parking is allowed on vacant lots or on any lot where the home is unoccupied.  

All vehicles must have current registration and license displayed on the vehicle, and be in good working order.  No unsightly, inoperative or oversized vehicles will be permitted to remain in the Park at any time.  Leaking, excessively noisy, or unsightly vehicles are not permitted on your space, or anywhere in the Park.  Vehicles elevated on jacks, covered with cobwebs, that have flat tires, or other such visibly inoperable features, shall not be permitted to remain in the Park, and must be removed from the premises at your expense.

(b) Guest parking. Guests may park at Resident’s space or in designated guest parking spaces.  Residents may not park in guest parking areas overnight. Any vehicle left in guest parking in excess of 48 hours, unless approved by Management, may be towed.

(c) Street parking. No on-street parking is allowed with the exception of short-term loading and unloading by Residents, their guests or vendors.  Any vehicle illegally parked or abandoned will be towed at the vehicle owner’s expense.

(d) Recreation vehicles, campers, boats, trailers, buses or other similar vehicles which are not for use in daily transportation may not be parked in Resident’s space. Recreational vehicles (motor homes) may be temporarily parked at a Resident’s space for purposes of loading and unloading for a period not to exceed 24 hours. 

9.2 Traffic Safety. The Sheriff is empowered by County ordinance to enforce all traffic laws within the Park. Vehicles must be operated in a safe manner and comply with all posted traffic signs.  Drivers and pedestrians are responsible for the safety of each other.  All vehicles driven in the Park must be operated by a licensed individual, and must have current registration tags.

9.3 Riding & Playing in the Streets.

(a) Bicycle riders must obey all traffic safety laws in the park.  No bicycle riding is allowed on sidewalks.

(b) Skateboarding is prohibited in the Park.  

(c) Ball playing. Residents are encouraged to use the playing field and basketball court instead of playing ball in the streets.  Due to the fact that people play in the street, equipment there is limited to soft beach balls and Nerf-type balls that will not damage windows, cars, or homes.  

9.4 Motorcycles, motor scooters, mopeds, or any other 2- or 3-wheeled motorized vehicles must be legal to be used on the street, and operated in such a manner so as not to disturb other Residents.  Such vehicles must be driven directly from Park entrance to Resident’s space; otherwise riding in the Park is prohibited. Off-road vehicles are not permitted to be operated in the Park by Resident or Resident’s guest.

9.5 Vehicle Noise. It is a violation of the Rules and Regulations to drive any vehicle causing such noise either because of the hour or because of the vehicle itself, so as to disturb other residents.   This rule also applies to horn honking and loud car stereos.

9.6 Vehicle Repairs. Repair of vehicles is not permitted in the Park, except for minor emergency repairs of limited duration necessary to make the vehicle operable, such as windshield wiper replacement, battery replacement, air filter replacement, flat tire repair, and window repair.  Changing or replacement of brakes, oil, transmission fluid, brake fluid, or any other synthetic fluids in the vehicle is strictly prohibited.  

10. GUESTS.

10.1 It is the obligation of the Resident to acquaint all guests with the conditions of residency, including these Rules and Regulations. Resident is personally responsible for the actions and conduct of family members and guests at all times.

10.2 Management reserves the right to determine whether the Park’s recreational and other facilities can accommodate all the Residents and their guests and therefore, Management may refuse any guest access to said facilities if the guest would reasonably detract from the use and enjoyment of these facilities by other Residents and guests.  

10.3  All guests must be accompanied by the Resident at all times while using the common area facilities..

11. CONDUCT.

11.1 No trespassing is allowed in any area of the Park that is not a designated common area open for Residents’ use. Residents are not allowed to enter another Resident’s space without permission.  Please respect your neighbors’ privacy and landscaping and do not cut through their yards.

11.2  Loud, disturbing, or illegal conduct.  Actions by any person of any nature which may be dangerous or may create a health and safety concern or disturb others are not permitted.  This includes, but is not limited to, any unusual, disturbing or excessive noise, intoxication, loud quarreling, profanity, or rude, or abusive language or conduct, threatening, fighting, or illegal conduct.  No spitting or littering in streets or common areas.  So as not to disturb other Residents in general, radios, televisions, musical instruments, or similar equipment, or any conduct that may cause annoyance, must be kept at a minimum volume.

11.3 Community curfew.  After 10:00 pm the common facilities of the Park are closed. No loud talking, radio, television, construction or other noise capable of disturbing a neighbor in any manner will be permitted between the hours of 10:00 p.m. and 8:00 a.m. 

11.4  Discharge of firearms including, but not limited to, air rifles, BB guns, or pellet guns is prohibited. Brandishing of any type of weapon in the Park is not allowed.  

11.5  Fires are not permitted except in barbecues and fireplaces.

11.6  Solicitors. Throwaway newspapers, distribution of handbills and door-to-door selling or solicitation are not permitted.  Any material of a non-commercial nature may be distributed by Residents only and must be approved by Management. This does not restrict political canvassing and free speech activities.  With permission of Management, vendors may sell their wares to Residents in the Clubhouse parking lot.  Residents may hold yard sales (up to 4 per year) with prior approval from Management.

12. PETS.

12.1 Residents must obtain written permission from Management to keep a house pet.  Management reserves the right to deny a Resident a pet if it exceeds the one pet limit rule.  A house pet is defined as a pet that spends its primary existence within the home.  If any pet appears to pose a threat to the health and safety of the Residents or employees of the community, permission will be denied.  No illegal, wild, or dangerous pet is permitted.  Nodogs higher than 18” at shoulder are allowed. All dogs must be brought to the Park office for final approval.  The following breeds of dog are not allowed:  Pit bulls, Rottweilers, Dobermans, Chow chows, German Shepherds, or other breeds deemed dangerous by Management.

12.2  Each pet must be licensed and inoculated in accordance with applicable laws.

12.3  Pets will not be allowed to cause any disturbance which might annoy neighbors, including, but not limited to, barking, growling, biting, chasing, or any other unreasonable noises, harm or damage, which will be cause for revocation of permission to keep the pet.

12.4 Guests may not bring pets into the Park, except for guide dogs, signal dogs, and other service dogs, nor is “pet sitting” allowed.

14.5  Pets must be on a short leash (6 feet or less) while in the streets and common areas.  Pets are not permitted in the clubhouse, laundry, or any recreational area of the Park at any time, with the exception of guide, signal, or service dogs.  Pets which are found running loose in the Park may be confined and turned over to Animal Control, at Resident’s expense.  

12.6  All pet waste must be picked up daily by the Resident.

12.7 Exterior pet housing such as, pens, enclosures or other restraining devices or fences, including cages, houses and kennels are not permitted.  Pets may not be kept in a storage shed or any other accessory structure. Pets may not be tied off and left upon the space outdoors unattended.

12.8  If Resident fails to comply with any one of the pet rules, Management may revoke approval of the pet and require that the pet be permanently removed from the Park property.

12.9  In order to help control populations of wild pest animals such as rats, skunks and raccoons, pets shall not be fed outdoors and feeding stray animals is not allowed.

13. COMMON AREA FACILITIES AND RECREATION AREAS.

13.1 The common area facilities and all recreation areas of the Park are for the exclusive use of Residents and their guests.  Hours for the recreational facilities and additional rules and regulations governing the use of the recreational facilities are posted throughout the Park, and are incorporated into these rules by reference.  Periodically, the facilities may be closed for cleaning or repair at Management’s discretion. 

13.2  Alcoholic beverages may not be consumed in any common area of the Park.  Smoking is not permitted in the clubhouse, laundry, or other indoor common areas, or in the pool area.  No breakables, such as glass bottles, etc. are allowed in any outdoor recreation areas of the Park.

13.3  Clubhouse Reservations. Only Residents may reserve the assembly room, kitchen, and outdoor grill area for private parties.  The Resident will be required to sign an agreement and make a damage and cleaning deposit if the event being hosted is not open to all Residents of the Park.  The Resident sponsor must be present during the entire period of time reserved, including initial set up and post-event clean up, and will be held responsible for his/her guests’ conduct and for any damage to Park property arising from use of the common facilities reserved by the Resident.  Only family-type functions are authorized.  Facilities cannot be reserved for outside club, church, school, office, etc. activities. Residents cannot reserve clubhouse for product parties, unless open to all park residents.

13.4  Swimming Pool.   Swimming hours are as posted.  Persons under the age of 14 should be accompanied in the pool area by an Adult. Residents may have a reasonable number of guests provided their presence does not overcrowd the pool.  Additional rules are posted in the pool area.  

14. MISCELLANEOUS.

14.1 Park office hours and complaints.  Normal business hours for the Park are posted at the office.  Appointments may also be made in advance with the Resident Manager.  Any emergency conditions should be brought to the immediate attention of the Resident Manager and the authorizing agency should also be contacted (e.g. fire dept., sheriff, 911).  You are encouraged to make any complaints, suggestions or comments in writing, when not of an emergency nature.

14.2  Income Certification.   The Park is owned by a non-profit corporation and was financed with tax-exempt bonds and other governmental assistance.  In return for this assistance, the non-profit corporation has agreed to restrictions on rent increases, use of the Park’s income and other matters.  One of the obligations is to provide evidence of continuing qualification for property tax exemption and other cost saving programs. Therefore, in the mutual interest of Management and all Residents, the following certifications will be conducted annually.  Cooperation from each household is mandatory.

All Residents must provide Park Management or Owner with a completed Income Certification Form, which will confirm personal income and other demographic information.  Each certification must be returned within 7 days after receipt.   Income certifications shall be maintained as confidential and not unnecessarily disclosed to any third parties (in other words, to persons who are not employees or agents of the non-profit owner or lender) unless required by Court order or other authority or legal obligation.  Such certification will be needed annually. 

The summaries and analyses of income certifications will be compiled and used in preparing property tax exemption applications, bond compliance reports and applications for other cost saving programs.  Management has relied on the Income Certification supplied by resident in determining qualification for occupancy; and material misstatement in the certification (whether or not intentional) may be cause for immediate termination of their rental agreement.

Resident agrees to notify Park Management, in writing, of any substantial change in the information provided in the Income Certification Form with 10 days after any such change.

14.3 Changes to Rules and Interpretation. Any of the above Rules and Regulations may be changed at any time as allowable by the Mobilehome Residency Law section 798.25.  In the event any provision is determined to be invalid or unenforceable, the validity of all other provisions of the Rules and Regulations or other Park residency documents shall remain in full force and effect.

14.4 Enforcement of the Rules and Regulations:  From time to time the Mobilehome Residency Law may be amended.  Accordingly, should the Mobilehome Residency Law be changed to invalidate or modify the Resident’s obligations under these Rules and Regulations, such changes shall be deemed to be automatically applicable to these Rules and Regulations.

Management will make every effort to enforce all of its Rules and Regulations and conditions of tenancy applicable to residency in the Park equally.  However, Resident agrees that the enforcement, or lack thereof, will not result in any damage or claim by any Resident in the Park.  

14.5  Acknowledgement.  Resident(s), which includes each of the people set forth in the Rental Agreement, acknowledge that they have read, understood, and received copies of these Rules and Regulations, and copy of the Mobilehome Residency Law. Resident(s) understand that by executing these Rules and Regulations; or that by having been served with a copy of these Rules and Regulations in accordance with the Mobilehome Residency Law section 798.25, they will be bound by the terms and conditions thereof.