TENANT RESERVATION AGREEMENT
THIS AGREEMENT made and entered into on April 23, 2018 between MIDNIGHT COVE II ASSOCIATION, INC., a Florida Corporation (herein called “Association”) and TENANTFULLNAME1 (herein called “Tenant’’).
WHEREAS, Association desires to orderly and efficiently rent all units involved in Association’s rental program;
The following rules and regulations pertaining to the use of the condominium units is for the Tenants and guests to have the maximum enjoyment from the use, as well as securing the investment of the owner’s property. Tenants and guests are expected to respect the private property of the unit as well as the buildings and grounds.
The Tenant Reservation Agreement must be signed immediately to confirm a reservation. TENANT may sign; scan and email to firstname.lastname@example.org or fax to 941-349-6273 or mail to 6327 Midnight Pass Rd., Sarasota, FL 34242. Minimum rental age requirement for the responsible party is twenty-five (25) years of age. The responsible party must be present on the property in the unit being rented throughout their stay and must provide proof of age by way of a copy of your Driver’s License, State Issued ID or a valid Passport and a valid credit card in their name. TENANT must submit the fully executed Tenant Reservation Agreement and Credit Card Authorization Form as well as a copy of their government issued identification (Driver’s License, Passport, etc.) at the time the reservation is booked.
All vehicles are required to be registered and names of all occupants in unit are to be included on this agreement. Any guest of Tenant is required to register and provide a valid photo I.D. at the rental office.
WHAT YOU SHOULD BRING: All of our units are individually owned in a condominium association and decorated to the owners’ taste. They are equipped with our standard inventory items that include, but not limited to beach towels, bed linens, bath towels, cookware, dishes and kitchen utensils. Please care for these items as if they were your own. You will need to provide for the following items, as they are not included in the standard inventory: Kitchen staples, condiments, toilet paper (one roll in each bathroom provided at check-in), paper towels and napkins, bath soap, aluminum or plastic wrap, garbage bags (one provided), dish detergent, laundry detergent and cleaning supplies.
WHEREAS, Tenant desires to rent a vacation condominium unit (here called “Unit”) within an efficiently operated rental program.
NOW, THEREFORE, Association and Tenant, mutually agree for valuable consideration as follows:
- PREMISES, FURNISHINGS AND UTILITIES: Tenant understands that the Unit is completely furnished and is privately owned. Tenant shall be entitled to essential kitchen utensils, dining service and linens. All furnishings shall be the sole responsibility of Tenant during the rental period. Electric power (120V/60 Hz) and local telephone service are provided by the unit owner. Tenant shall NOT charge long distance telephone calls to the telephone within the Unit.
- SMOKING: Smoking within a unit is expressly prohibited at all times. All units are cleaned and inspected after each departure. Any rental showing evidence of smoking will result in the unit having to be deep cleaned and a charge of $300 will be charged immediately to the Tenant’s credit card, under Section 4 below.
- ACCIDENTAL RENTAL DAMAGE WAIVER (ARDW): In lieu of paying a security deposit, Midnight Cove II Association requires ARDW Coverage on every reservation and it is due when the final payment is made. For an affordable $50 fee, this plan covers up to $1500 in accidental damage to the rental property or its contents, if caused by a registered guest. Tenant will be responsible to promptly report any damage or necessary repair upon arrival or at time of occurrence. Tenant must operate all appliances, plumbing, electrical and air conditioning units with proper care. If Tenant fails to do so, the plan will be void and Tenant will be held responsible for damage or repair.
- CREDIT CARD REQUIRED: Tenants are required to provide a valid credit card to keep on file to pay for miscellaneous charges and damages, should they occur. If damage to the unit and its contents exceeds the amount covered by the ARDW Coverage or is otherwise not covered by the ARDW Coverage, or if additional charges are incurred including but not limited to: pay-per-view television; deep cleaning caused by occupants smoking within the unit (Section 3 above); missing beach towels, (each unit is provided 6 beach towels by our laundry service). Upon check out, if any of the 6 beach towels are missing, your credit card will be charged $10 per missing towel, negligence or malicious damage. Tenant agrees to pay such charges in full and does hereby expressly authorize Association to charge any such amounts to Tenant’s credit card.
- INITIAL PAYMENT: Tenant shall pay to Association an initial payment amount of $300.00. The initial payment amount will be applied towards the balance of the total rental amount.
- SUBSTITUTION OF COMPARABLE ACCOMMODATIONS: Should the unit be unavailable for whatever reason, Association will make diligent and reasonable efforts to provide Tenant with substitute, comparable accommodation within the units listed in the rental program for the dates of Tenant’s occupancy, if available, which Tenant agrees to rent under this Agreement. Similarly, should the condominium be undergoing major repairs, redecoration, etc., Association will make diligent and reasonable efforts to provide Tenant (if requested) with substitute comparable accommodations from available inventory in the rental program.
- ARRIVAL AND DEPARTURE GUIDELINES: Check in time is 3:00 p.m., however in the event of high volume same day turnovers, units may not be ready for occupancy before 5:00 p.m. Management will be diligent in checking the TENANT in as soon as possible. TENANT is prohibited from entering the unit until it has been cleaned and inspected. Arrivals on Saturdays, Sundays and weekdays after 4:00 p.m. will obtain rental packets with instructions on access to the unit in a lockbox beside the front door of rental office. A lockbox code will be mailed or emailed to TENANT after reservation has been paid in full.
Check out time is 10 a.m. NO EXCEPTIONS. No refund is provided for early departures or late arrivals. Late check-outs will be charged a half day’s rent. All keys need to be returned to the office. Upon departure, unit should be in same condition as it was upon arrival, with the exception of normal use. All food, trash and excessive sand need to be removed from the unit; all linens should be cleaned with the exception of those linens and towels used the morning of the departure. Up to a maximum of three normal loads of soiled laundry is allowable to leave behind. All beach towels must be laundered, folded and placed in original location. All windows and doors must be closed and completely locked.
- LOCKOUT POLICY: In the event a TENANT is locked out of the unit during the rental period, the TENANT should come to the office during business hours. After business hours, the guest must call the posted emergency number. An AGENT will provide a lock code upon verification of credentials. Should an agent be required to appear at the property after hours, a lockout charge is payable directly to the AGENT ($40 cash or check). We advise all Tenants to keep the code in their possession at all times as front doors may automatically lock behind them. If the lockout is due to failure of the lockset, there will be no fee charged.
- MAINTENANCE: Tenant is required to report any deficiency or damage in the unit immediately after checking in (within 24 hours). A form is provided in your welcome package to complete and return to the office. If office is closed when discovery is made, Tenant should immediately call the office at 941-349-1163 and leave a detailed message on the office voicemail. Tenant may be held responsible for not reporting any issues in a timely manner. Tenant may be held responsible for neglecting to operate appliances in the proper manner and use for which they are intended. AGENT will do everything possible to keep all equipment in satisfactory working condition; however, it is impossible to guarantee that all appliances will be in working order 100% of the time. Any deficiencies will be corrected as soon as humanly possible. Refunds or discounts will not be provided for any maintenance issues that occur in the unit.
Occasionally, the Midnight Cove II Condominium Association will be required to perform necessary maintenance projects on the property during various times of the year. Maintenance staff will do the best they can to not disturb the TENANT’S vacation; however, there is no guarantee that maintenance will not be performed on the property during TENANT’S stay. Rental staff will inform TENANT of any projects as soon as they are notified by the condominium association. There will be no refunds or discounts during any repair or maintenance projects.
- SUBLETTING: Subletting the unit is not permissible and Tenant is not allowed to turn over the keys to the unit to any other party that is not included on this agreement.
- PETS: TENANT is not allowed to have any pets occupy the unit or the Midnight Cove II property. Tenants found to have any pets in the unit will be instructed to remove the pet immediately from the property. Failure to do so will result in the Tenant being evicted immediately without any prorated refunds for the unused portion of their stay. A cleaning charge of up to $300 will be charged to the TENANT’S credit card for any additional cleaning required.
- PARKING AND VEHICLES: Guests are allowed to have one vehicle on the property which will be assigned a designated parking space. Temporary visitor parking is available on a first come, first serve basis and visitors must obtain a parking pass from the office or may be towed. ALL vehicles must display a parking pass to avoid being towed. TENANT is prohibited from parking boats, boat trailers, motorcycles, recreational vehicles or commercial trucks in the parking areas. These vehicles will be towed immediately from the property at the owner’s expense.
- TERMINATION OF RENTAL: If Tenant violates any of the conditions of restrictions of this Agreement or violates restrictions contained in the condominium documents or Association rules, Association may terminate this Agreement and, upon such termination, Tenant shall vacate the Unit immediately and shall forfeit the rental money held by Association. In the event of early termination of the rental agreement, funds paid are non-refundable.
- CANCELLATION POLICY: In the event of a properly noticed cancellation, Renter will be issued a refund in the amount of $250. In the event of cancellation or default after such time period, Tenant shall forfeit the entire rental money paid to Association. In the event a check is returned for lack of funds, credit, account or due to stop-payment or any other reason, Tenant shall pay to Association a service fee in the highest amount allowed by Florida law for each such returned check. If the maker of the returned check fails to pay the full amount owing and any applicable service fees, in cash, within thirty (30) days following a written demand therefore, Association shall pursue all available civil remedies, including notice to credit reporting agencies.
- ENTRY OF PREMISES: Association or its authorized employees or repairman may enter the Unit with or without permission of Tenant during regular business hours, for any purpose connected with the repair, improvement, care and management of the Unit or common elements. In emergency cases, the unit owner, Association or Association’s employee may enter at any time without permission of Tenant.
- WAIVER OF TERMS: Tenant agrees that no waiver or any breach of any of the terms, covenants and conditions of this Agreement shall be taken or construed to be a waiver of any other term, covenant or condition of this Agreement. The invalidity in whole or in part of any term, covenant or provision hereof shall not affect the validity of the remainder hereof.
- PAYMENT IN FULL: Payment is due in full not less than sixty (60) days prior to the scheduled arrival date and will be automatically charged to the credit card provided (See Section 4 above) unless a cancellation notice is given by Tenant prior to 60 days of the reservation date. If Tenant fails to timely pay all monies due, Association reserves the right to terminate this Agreement without notice to Tenant. As per Board decisions, rates are subject to change without notice.
- USE RESTRICTIONS: Tenant understands that Midnight Cove II is a Condominium Association, not a hotel, and that each unit is owned by an individual. As such, respect for other’s property is paramount. No pets of any kind shall be allowed or permitted in the Unit. No rollerskates, rollerblades or skateboards are allowed to be used on the condominium property. Tenant agrees to abide by all rules and regulations, including restrictions for common area usage, set forth by the Association. No additional Tenants other than the number confirmed in the reservation will be allowed to occupy the Unit without the written approval of Association or its General Manager, which approval may be withheld with, or without, cause.
- INDEMNIFICATION: Tenant shall indemnify and hold harmless Association, and its agents and employees, from and against any claims, suits, damages, costs, losses, expenses or other liability arising from injury to any person or property occurring on or about the Unit or condominium property from the acts or omissions of Tenant or those for whom Tenant is responsible or any other liability relating to the performance of this Agreement.
- EXCULPATION: Association, and its agents and employees, shall not be liable for injury or damage to the personal property of Tenant or other persons in the Unit or for injury to them by casualty or accident, whether the damage or injury results from conditions arising in the Unit or from other sources and regardless of whether the cause or the means of rectifying the condition is inaccessible to Tenant. This exculpation applies to Association for Association’s own fault or negligence.
- ATTORNEY’S FEES: In the event of any legal action arising under this Agreement, the prevailing party is entitled to recover all costs and reasonable attorney’s fees, including reasonable prelitigation costs and fees, and costs and fees of any appeal. This Agreement shall inure to the benefit of and be binding upon the parties, their legal representatives, heirs, successors and assigns. This Agreement shall be governed by the laws of the State of Florida and venue shall lie only in Sarasota County, Florida.
- RESERVATION INFORMATION: Beginning date of reservation is CHECKIN1 and an ending date of CHECKOUT1. The total amount due, including a cleaning fee, accidental rental damage waiver, and taxes and administrative costs total $TOTALCOST and your unit number is PROPNUMBER1.
For the purpose of providing notices hereunder, the addresses of the parties hereto shall be as follows:
As to Tenant:
|MIDNIGHT COVE II ASSOCIATION, INC
Note: This residence may be listed for sale. The owner has offered an incentive or option to Tenants, given proper notice, requesting approximately fifteen (15) minutes for a showing. The owner will compensate Tenants with a $25.00 gift card. If Tenant is in agreement with this, please initial here: _________.
CREDIT CARD AUTHORIZATION FORM
I _____________________________________________________ do hereby authorize Midnight Cove II
Print name of credit card holder as it appears on the card
To automatically charge the initial payment of $300.00 and any balance due for my reservation at 60 days prior to my stay, as well as any additional costs and fees not covered in the rental agreement, as detailed in Section 4 of the Tenant Reservation Agreement, to my credit card provided below.
|PLEASE CONTACT THE OFFICE AT 941-349-1163 TO PROVIDE YOUR CREDIT CARD INFORMATION.
DO NOT SUPPLY YOUR CREDIT CARD INFORMATION ON THIS FORM.
PLEASE SCAN AND EMAIL YOUR PHOTO ID TO
Signature of credit card holder______________________________________________________________