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Land's End Lodges
- Property Rental Agreement
This
Agreement, made this______day of ____________, 2005 BY and BETWEEN____________________________,
whose address is: ______________________________________________
hereinafter called "Owner," and LAND'S END ACQUISITION CORPORATION,
whose address is 4786 Homer Spit Road, Homer, AK 99603, hereinafter
called the "Agent."
For
the good and valuable consideration listed herein, Agent agrees
to provide Owner the rental management services outlined in this
Agreement. The property subject to this Agreement is located at
________________________________ and is more particularly described
as follows: __________________________________________________.
The real property described above, together with all personal property
including furnishings, appliances, equipment, decorations, fixtures
and other appurtenances on or within the real property shall all
be subject to this Agreement and shall hereafter be referred to
collectively as the "Property."
Section
1. Term of Agreement. Unless and until written notice of
cancellation is delivered by either party to the other, this Agreement
shall continue indefinitely from the date of this Agreement. This
Agreement may be terminated with or without cause by either party
at any time, subject to thirty (30) days written notice. Agent may
rent the Property beyond the effective date of cancellation if Agent,
prior to any notice of cancellation, had confirmed reservations
for the Property. In such an event, Agent shall receive full compensation
and shall have management rights and authority with respect thereto
and during such rental periods as if this Agreement then continued
in effect. In the event the Property is sold during the term of
this Agreement, the Agreement shall be deemed terminated upon the
final closing thereof, provided however, that Owner agrees to include
in any real estate sales agreement that such sale shall be subject
to all previously confirmed rentals and fee schedules arranged by
the Agent.
Section
2. Agency. Pursuant to the terms set forth in this Agreement,
Owner hereby employs and appoints Agent, and Agent hereby accepts
such employment and appointment, to act exclusively to provide the
rental, cleaning, and management services outlined herein for the
Property. Owner hereby conveys to Agent all necessary powers, easements
and rights of ingress and egress and act on its behalf in order
to provide the rental management services described herein.
Section
3. Duties of Agent. During the term of this Agreement, Agent
shall provide Owner with management services herein described and
shall offer the Property for rental. In order to discharge properly
the responsibilities hereby assumed, the Agent shall have the followings
rights, duties and obligations.
a) Processing
Reservations. Agent shall handle all communications and negotiations
with tenants with respect to renting the Property, including but
not limited to the following: process requests for information on
the Property's amenities, location, configuration of beds, etc.;
negotiate rental amounts and discounts; confirm reservations; accept
advance deposits and apply to appropriate ledger; register tenants
and issue standard rental policies; issue and retrieve keys and
re-key interior and exterior access doors as necessary to provide
for basic security; process final payment and account for funds
from renters.
b) Employees.
The Agent shall employ, supervise, discharge, and pay all employees
or independent contractors who are reasonably required in the proper
management and operation of the Property. Compensation of such employees
or independent contractors shall be deducted from the rents collected
as set forth in Section 4 of this Agreement, and Agent shall supply
Owner with an itemized statement of payments made under this paragraph.
c) Cleaning
and Maintenance. Agent shall be responsible for renting the
premises in a clean and habitable condition and shall be responsible
to take whatever action is necessary to clean the Property after
the termination of any rental. All costs, expenses, and fees that
arise out of these obligations, except standard cleaning after tenant
occupation as described below, shall be the responsibility of the
Owner and deducted as a cost as set forth in Section 4 of this Agreement.
Standard
cleaning services after tenant occupation includes the following:
washing and changing linens; washing blankets on as needed basis;
sweeping, vacuuming and mopping floors; dusting and wiping down
counter tops, tables, appliances, sink basins, cabinets, window
sills and other visible surfaces; sanitizing bathrooms including
mirrors, toilets and bathtubs; sanitizing refrigerator, and emptying
garbage; snow removal on entry steps and front porch once a day,
only as needed.
Standard
cleaning services after tenant occupation excludes the following
services, some of which would be charged back to the tenant as additional
cleaning fees under our typical occupancy agreement: washing dirty
dishes; scrubbing outdoor grills; shampooing furniture or carpet;
removing stains, removing ashes from fireplace and re-stacking wood;
cleaning or replacing water in hot-tub; washing exterior windows;
repairing upholstery, wall fabrics, small appliances and the like.
d) Repairs.
When the Agent has actual notice that the Property is in need
of repair, he shall promptly notify the Owner by mail or telephone
of the necessary repairs; provided, however, Agent may undertake
to have the repair completed himself as long as the good faith estimated
cost of that repair shall not exceed $200, and provided further,
that Agent shall, at his sole option, make any repairs necessary
when damage to the Property is imminent and notice to Owner cannot
be made within a reasonable amount of time. All expenses incurred
by the Agent shall be deducted by the Agent from the rents collected,
as set forth in Section 4 of this Agreement.
e) Mortgages
and Other Expenses. From the rents received the Agent shall
pay all operating expenses and such other expenses as requested
by the Owner. Payment of mortgages, taxes, insurance and utility
expenses shall remain the sole responsibility of the Owner unless
expressly written otherwise.
f) Collection
of Rents. The Agent shall collect the rents and other income
from the Property promptly when such amounts come due, taking all
necessary steps to collect same and performing all reasonable acts
on behalf of the Owner for the protection of the Owner in collection
of such amounts, including the right to institute legal action in
the name of the Owner for rental due and possession of space occupied
by delinquent tenants.
g) Payment
to Owner and Financial Records. All moneys collected by the
Agent shall be paid over to the Owner after first deducting out
the amounts defined in Section 4 of this Agreement and any ordinary
and necessary expenses incurred as a result of this Agreement. Agent
shall provide Owner with a monthly statement indicating a net credit
due Owner, and shall include remittance along with the monthly statement
required above.
Section
4. Compensation of Agent. As a fee for rental and
standard cleaning services provided by Agent as described in 3A,
3C, and 3F above, Owner agrees to pay Agent 40% of the gross rental
receipts collected after Borough sales taxes and credit card charges,
if any, have been deducted. Additionally, Owner agrees to reimburse
or pay Agent for expenses as may be incurred by the Agent as a result
of this Agreement, including but not limited to what is provided
in Section 3B, 3C, 3D, and 3E of this Agreement. These amounts shall
be deducted by Agent when the rents are collected by the Agent,
as set forth in Section 3C of this Agreement.
Section
5. Duties of the Owner. In order that Agent may fully discharge
his duties under this Agreement, Owner shall have the following
duties and responsibilities:
a) All
household furnishing, including furniture and cooking utensils (hereinafter
defined as "furnishing"), but excluding linens, shall be supplied
by the Owner. Linens shall be supplied by the Agent, at an initial
and annual fee to the Owner. These fees include the replacement
of damaged or missing linens.
b) Owner
shall provide heat, electricity, water, and sewer and shall be responsible
for the payment of all expenses as they may relate to the above
or to the Property. These expenses include but are not limited to
mortgages, taxes, utilities and insurance.
c) If
the Owner desires to sell the Property at any time during the term
of this Agreement, Owner shall provide Agent with written notice
30 days prior to the time Owner lists the Property for sale. If
Agent has a confirmed reservation with a tenant, Owner agrees to
honor that reservation.
d) Owner
will provide evidence of homeowner's insurance and be responsible
for maintaining said insurance naming the Property as rental property.
e) The
Owner shall provide the Property with the following items, all in
good working order: smoke detectors; fire extinguisher(s); fireplace
tools; flashlight; plunger; vacuum and snow shovel. In the event
that the property is not stocked with these items, the Agent will
purchase said items and bill Owner for their cost.
Section
5. Notice of Occupancy. Owner must notify Agent in writing
or by phone through Agent's standard reservation process of any
intent or request to occupy Property. Owner must receive a valid
confirmation number from Agent verifying the reservation prior to
occupancy. Agent will attempt to accommodate the Owner but can make
no guarantee for use of Property; occupancy by Owner will be subject
to all confirmed reservations. Owner must provide Agent with a minimum
of 24 hour notice of his intent to inspect Property or perform maintenance
work on Property, and must make all reasonable efforts to avoid
conflict with renters.
Section
6. Agent Liability. Agent shall not be liable for any injury,
damage, or loss sustained by Owner or tenant, or any person claiming
through tenant, as a result of any accident or occurrence in or
upon the Property, except in the case of Agent's direct negligence
or willful misconduct. Agent shall not be liable for damages sustained
by tenant, or any person claiming through tenant, resulting from
the action or inaction of the Owner or any of his agents or employees,
whether by negligence or otherwise, or for the failure to provide
heat, electricity, water, sewer, or other essential services.
Section
7. Indemnity. The Owner shall indemnify and hold Agent harmless
with respect to any and all liability and damages, cost and expenses
in connection with any claim for damage or injury whatsoever to
persons or property arising out of the use, management, operation,
occupation, ownership, maintenance, or control of the Property,
including claims made by parties not subject to this Agreement,
provided however, the Owner shall not indemnify the Agent against
negligence or willful misconduct of the Agent.
Section
8. Insurance. Agent agrees to provide liability insurance
for the services described herein in the amount of $1,000,000.00
(1 million dollars) per occurrence and $2,000,000.00 (2 million
dollars) in aggregate coverage, by an A rated company. Agent shall
not be responsible for lost or stolen property within the Property,
although Agent shall pursue due diligence to inventory such items
after vacation of each tenant, and to notify Owner of any missing
items.
Agent
agrees to carry Workers Compensation insurance, or ensure such coverage
exists with other subcontractors, covering any and all persons engaged
in providing the services listed herein.
Section
9. Representation of Title. Owner represents and warrants
to the Agent peaceful possession and exclusive use and that he/she
owns the Property described herein, and that he/she has no knowledge
of any condition or restraint on his/her ability to enter into this
Agreement to allow for short term rentals.
Section
10. Conflict of Interest Agent hereby discloses that
it operates an 80 unit hotel and restaurant directly adjacent to
the Lodges. Both parties acknowledge and accept the potential conflict
of interest which exists with Agent in promoting two similar products,
one of which is owned by Agent, and one of which is not. None of
the services provided to Owner herein have been offered for competitive
bid and Agent makes no representations that services provided herein
could not be provided by another vender at a lower cost to Owner.
Section
11. Disputes and Governing Law. Any dispute regarding the
term of this Agreement shall be submitted by the parties for arbitration
under the rules and regulations of the American Arbitration Association.
This Agreement shall be governed by, construed and enforced in accordance
with the laws of Alaska.
Section
12. Amendment. The provisions of this Agreement may be modified
at any time only by proper execution by both parties. Any such agreement
hereafter made shall be ineffective to modify this Agreement in
any respect unless in writing and signed by each of the parties.
Section
13. Waiver. Any of the terms or conditions of this
Agreement may be waived at any time by the party entitled to the
benefit thereof, but no such waiver shall be effective unless in
writing, and no such waiver shall effect or impair the right of
the waiving party to require observance, performance or satisfaction
either of that term or condition as it applies on a subsequent occasion
of any other term or condition hereof.
Section
14. Assignment. This Agreement may not be assigned by either
party.
Section
14. Parties in Interest. Nothing in this Agreement, whether
express or implied, is intended to confer any rights or remedies
under or by reason of this Agreement on any persons other than the
parties to it and their respective successors and assigns, nor is
anything in this Agreement intended to relieve or discharge the
obligation or liability or any third persons to any party to this
Agreement.
Section
15. Further Assurance. During the term of this Agreement,
and any right or obligation established hereby, each party shall
execute and deliver such other and further documents and instruments,
and shall perform such other and further actions, as may be necessary
or appropriate to complete the transactions contemplated by this
Agreement, and to fulfill the proposes of such transactions.
Section
16. Notices. All written notice to the Owner may be addressed
and mailed to the Owner at:
__________________________ Phone:________________(Office)
__________________________ Phone:________________(Home)
__________________________ Phone:________________(Lodge)
Social
security # or tax ID:_________________________
Land's
End Acquisition Corporation
4786 Homer Spit Road
Homer, AK 99603
Phone: (907) 235-0410
Fax: (907) 235-0421
Who
is Bound. This Agreement is binding upon the parties hereto,
their representatives, successors, heirs and assigns.
IN WITNESS
THEREOF, the parties hereto have caused this document to be executed
in the dates hereinafter written.
Owner
________________________________________
Date
____________________
Date
______________________
By________________________
Jon Faulkner, President - Land's End Acquisition Corp., Agent
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