BOCA GRANDE BEACH COTTAGE
SEASONAL/SHORT TERM RENTAL AGREEMENT
We thank you for choosing Eleven Homes and hope you enjoy your stay in Florida.
This Seasonal/Short Term Rental Agreement (the “Contract”) is made and entered into
by and between CS Irwin LLC as authorized agent for the record owner identified below
(“Eleven Homes” or “Owner”), and you, on behalf of yourself and your tenants, guests,
invitees, and guests staying at the unit identified below (collectively the “Tenant” or “You”
or “Your”).
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS CONTRACT. THIS
CONTRACT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU
AND ELEVEN HOMES.
THIS CONTRACT WILL BE ACCEPTED BY YOU, AND YOU WILL BE LEGALLY
BOUND HEREBY, UPON THE FIRST OCCURRENCE OF ANY OF THE
FOLLOWING EVENTS:
1. YOUR ACCEPTANCE OF THIS CONTRACT IN WRITING, VERBALLY,
ELECTRONICALLY, OR IN ANY OTHER MANNER; OR
2. YOUR PAYMENT OF ANY AMOUNTS TO ELEVEN HOMES (WHETHER PAID
DIRECTLY OR BY A CREDIT CARD YOU AUTHORIZE ELEVEN HOMES TO
CHARGE IN CONNECTION WITH OR FOLLOWING THE BOOKING OF THE UNIT)
AT ANY TIME FOLLOWING OR CONTEMPORANEOUSLY WITH YOUR RECEIPT OF
A COPY OF THIS CONTRACT, INCLUDING VIA AN INVOICE, RECEIPT, ON-LINE, IN
AN E-MAIL, OR THROUGH A WEBSITE LINK PROVIDED TO YOU SO YOU MAY
ACCESS THIS CONTRACT); OR
3. IF NEITHER (1) NOR (2) ABOVE HAS OCCURRED, THEN UPON YOUR RECEIPT
OF THIS CONTRACT, INCLUDING VIA AN INVOICE, RECEIPT, ONE-LINE, IN AN
E-MAIL, OR THROUGH A WEBSITE LINK PROVIDED TO YOU SO YOU MAY
ACCESS THIS CONTRACT), UNLESS YOU PROVIDE ELEVEN HOMES WITH
WRITTEN NOTICE OF YOUR REFUSAL TO ACCEPT THIS CONTRACT WITHIN
FIVE (5) DAYS AFTER ITS RECEIPT.
The unit and premises subject to Your booking is as follows:
Max Occupancy: 4
Minimum Night Stay: 7
Boca Grande Beach Cottage Address:
420 Gulf Boulevard Unit: #5
Boca Grande, FL 33921
Parking Sp. #: N/A
Number of Bedrooms: 2
Check In: 3pm
Check Out: 11am
The Rates for Your booking of the unit are set forth
on www.bocagrandebeachcottage.com. The following additional charges and
amounts apply:
$100.00 per hour will be charged for late check out.
Owner’s Name: BOCA GRANDE ISLE, LLC
SALES/TOURIST TAX: 11.5%
DAMAGE DEPOSIT: $500.00
CONDO/HOMEOWNERS ASSN APPROVAL FEE: $0.00
PET FEE: No pets allowed.
BOOKING CHARGE: $0.00
CLEANING FEES: $500.00
AMOUNTS ALREADY PAID: n/a
TO BE PAID AS FOLLOWS
Payment Schedule:
100% due at time of booking.
Cancellation Policy:
100% of paid prepayments refundable when canceled 30 days before arrival or
earlier.
0% refundable if cancelled after.
Damage Deposit:
A pre-authorization of USD 500.00 is due 1 days before arrival and released 5 days
after departure
Payments are made through booking website. Taxes are subject to change according
to applicable law.
UTILITIES/SERVICES/CHARGES RESPONSIBILITY "T" FOR TENANT, "O" for
OWNER Electric--O
Water--O
Trash--O
Gas--O
Pest Control--O
Cleaning Charge (Base)--T
Local Phone--O
Basic Cable-- O
Cleaning Charge Amount--$300.00
Softener Salt--N/A
Pool Service--O
Sewer--O
OTHER:
Owner will hold the Damage Deposit ('Deposit") for up to 5 days following completion of
Your stay, at which time an explanation of how the Deposit will be used will be provided
or the Deposit will be refunded in full, unless it is reasonably necessary for Owner to
retain the Deposit for a longer period of time as set forth below, and in any event only
to the extent permitted by law.
Special Stipulations: SMOKING IS NOT PERMITTED AT ANY TIME IN THE
RENTAL UNIT OR THE LANAI/BALCONY AREAS IF APPLICABLE.
This Contract is intended to be a legal and binding contract and is subject to the
approval of any condominium
and/or homeowner's association if any is required. Parties signature below signifies
their agreement with all terms of this Contract.
CHECK-IN: Check-in time is any time after 3:00 p.m. Upon arrival, you will be
provided with key code access for use during your stay. REFUNDS OR
ADJUSTMENTS CANNOT BE MADE FOR LATE ARRIVALS OR EARLY
DEPARTURES FOR ANY REASON.
CHECK-OUT: Check-out time is any time before 11:00 a.m. Tenant shall be liable for
any damages as a result of late check-out.
PAYMENT: All money is due as per the above in the form electronic/ACH or credit card
payment. Any money paid to Owner is non-refundable unless otherwise expressly
provided herein. Personal checks are not accepted.
OCCUPANTS: Only those designated in this Contract as Tenant shall occupy the unit
unless written consent of Owner or Owners agent is obtained. Tenant agrees to abide
by all occupancy rules of association or other governing agency. Max occupancy of the
unit is defined above.
ASSOCIATION RULES AND REGULATIONS: Anyone occupying a unit governed by a
homeowners or condominium association shall abide by all association rules and
regulations. A copy of the association rules and regulations are available upon request.
Tenant shall not be permitted to take occupancy unless Tenant has obtained all
required association approvals. Tenant shall have sole responsibility for making
application to the association and shall do so within the time frame required by
association. Tenant agrees to comply with all association requests for information.
AMENITIES: Tenant agrees to hold Owner harmless in the event of a failure of or non
availability of any amenity. VEHICLES: No boats, motor homes, trailers, commercial
vehicles or motorcycles shall be permitted on the premises unless otherwise provided
herein
PETS: Pets are not permitted and constitute a material breach of this Contract.
SEASONAL CLEANING /DAMAGE/ UTILITY DEPOSIT: This Deposit is required with all
confirmed reservations and shall not be applied to the rent by the Tenant. Owner may
apply Deposit to electric, telephone, cleaning charges, taxes and damages or any
charges due under the terms of this Contract as well as consider such deposit a good
faith deposit.
Deposit balances if any will be refunded after Owner receives ALL final bills. THIS
GENERALLY TAKES UP TO 30 DAYS. Damages caused by Tenant will be deducted
from the Deposit, but this does not limit the amounts to be charged.
RIGHT OF ENTRY: Unit is not currently listed for sale. Upon 24 hours’ notice, Owner
or Owners representative(s) have the right to enter the unit for the purpose of showing
the unit to prospective purchasers or tenants, to make repairs, or to inspect unit.
Owner and/or its representatives have immediate right of entry in cases of emergency,
or to protect or pre-serve the premises. Tenant shall not alter premises or add locks
without prior written consent from Owner or Owners representative.
MISCELLANEOUS CHARGES: Tenant shall be assessed Locksmith charges and
association charges, if any, for each key, pass, pool tag, opener, is lost or not
returned to Owner upon check-out date. Such charges will be deducted from the
Deposit. Tenant agrees to pay the greater of $35.00 or actual cost immediately to
provide access to the unit in the event of a lock out.
CLEANING CHARGES: Tenant agrees to pay the aforementioned cleaning charges,
plus applicable taxes. Tenant shall clean all dishes. Tenant is not required to launder all
linens/sheets/towels prior to check-out. Tenant shall not be responsible for making up
beds at check-out. If Owner determines, in its sole discretion, that excessive dirt,
furniture stains, carpet stains or other damage is present, additional charges will be
assessed and deducted from Deposit and/or charged in addition to the Deposit.
MAINTENANCE: Owner shall be responsible for maintaining the unit unless damage is
caused by Tenant's misuse or neglect. Tenant agrees that no rent reduction or
abatement will be given unless unit is deemed to be completely uninhabitable. Tenant
may not make any changes to the unit and must put furniture back to its original
placement if moved. Owner will order repairs in a timely manner once notification is
given by Tenant, but Owner has no control over the scheduling availability of vendors.
Any work performed by the condo or homeowner’s association in the unit or buildings,
nearby buildings grounds or common amenities is not reason for refund or cancellation
of this Contract after check-in date. Owner shall not be liable for any losses or
damages, including incidental or consequential damages, including those caused by
Owners failure to perform repairs and maintain the unit.
ASSIGNMENT: Tenant shall not assign this Contract or sublet the premises or any part
thereof. Any unauthorized transfer of interest by the Tenant shall be a material breach
of this Contract.
INDEMNIFICATION: To the fullest extent permitted by Florida law, Tenant agrees to
indemnify, defend and hold harmless Owner and its employees, agents, officers,
directors, partners, members, affiliates and representatives from claims, suits, liability,
losses or damages of any kind from or related to (i) the acts or omissions of Tenant or
Tenant’s family, agents, employees, Tenants or visitors, (ii) loss or damage to the
property of Tenant or others present at the unit or its premises, or (iii) any personal
injury to Tenant or Tenant’s invitees, family, agents, employees, Tenants or visitors
while located in or about the unit, or its premises or any common areas or facilities,
from any cause except to the extent caused by Owner's gross negligence.
RISK OF LOSS: Personal property of Tenant and Tenant’s invitees, family, agents,
employees, Tenants or visitors shall be in the unit at the sole risk of Tenant. Owner shall
not be liable for any damage caused to said personal property arising from damage,
vandalism, fire, smoke, water, rain, hail, explosion, accident, acts of God, criminal acts,
acts of other residents, acts of negligence, bursting or leaking water pipes, theft or
otherwise. Additionally, to the fullest extent permitted by Florida law, Owner shall not be
liable for any personal injury to Tenant’s invitees, family, agents, employees, Tenants or
visitors while located in or about the unit, or its premises or any common areas or
facilities, or swimming pool facilities. Tenant, for him/her self and for all those that
occupy the unit during Tenant’s term of occupancy, hereby agrees to ASSUME THE
RISK OF ANY AND CONDITIONS, whether known or unknown, on or near the unit,
including, without limitation, mold or residue from household products, and to waive any
claim for damages that Tenant or such other occupants could assess against the Owner
for such injuries.
FORCE MAJEURE: The delay, inability, breach, failure or default in performing any
obligation under this Contract, in whole or in part, by either Owner or Tenant (except the
payment of any deposits, rentals or other sums of money), shall be excused by force
majeure events beyond that party’s control whether foreseen or unforeseen. Force
majeure events include, but are not limited to, acts of the other party; acts of God; war;
civil commotion; terrorism; labor disputes; strikes; fire, flood or other casualty; failure of
power; shortages of labor or material; epidemics; pandemics; virus; disease; outbreaks;
quarantines or other health crises or public health events; health or safety guidelines;
public health restriction or advisory; travel restriction or advisory; eviction moratoria;
state, country or local government or civil authority travel bans, closures, advisories or
restrictions; legal restrictions, or compliance with any applicable state, federal or local
government or civil authority laws, rules, ordinances or regulations or changes thereto;
government or civil authority ordered shut downs or cessation of business or activities;
administrative evacuation; unusually inclement weather conditions, and any tenant
(other than Tenant) holdover due to any of the foregoing events or a change of
conditions which may affect the ability of such tenant to safely vacate the unit.
SEVERABILITY: Should any provision of this Contract be deemed unenforceable by
any court of competent jurisdiction, such provision shall be considered separate and
severable from this Contract, and the remaining provisions therein shall remain in
force and be binding upon the parties hereto.
ENFORCEMENT; VENUE: The parties hereto agree that any suit, action or proceeding
seeking to enforce any provision of, or based on any matter arising out of or in
connection with, this Contract or the transactions contemplated hereby shall be brought
in the county in which the unit is located, and each of the parties hereby irrevocably
consents to the jurisdiction of such courts in any such suit, action or proceeding and
irrevocably waives, to the fullest extent permitted by law, any objection that it may now
or hereafter have to the laying of the venue of any such suit, action or proceeding in any
such court or that any such suit, action or proceeding brought in any such court has
been brought in an inconvenient forum.
STORM SHUTTERS: Tenant agrees that in the event there are hurricane or storm
shutters on the premises, Tenant will install same if there is a hurricane or tropical storm
watch or warning in effect and/or at the request of the property manager or owner. If
Tenant is unable to perform this task for any reason, Tenant agrees to notify property
manager or Owner as soon as any storm watch or warning is placed into effect.
ATTORNEYS FEES: Should it become necessary for Owner to employ an attorney to
enforce the terms and conditions of this Contract, Tenant shall be responsible for all
costs and Attorney’s fees including but not limited to an in-house attorney of Owner
whether or not suit is filed.
HAZARDS: It is unknown if there are hazards that affect the premises. Owner does not
have the technical expertise to advise you of their significance or to ascertain
whether or not they are present. Hazardous substances in the home can include
cleaning chemicals, paint, lawn and garden chemicals and a variety of indoor air
pollutants that can accumulate in improperly ventilated buildings. Hazardous
substances outside the home include those found in contaminated land, water, landfills
and other disposal sites, and industrial air and water emissions. Some of the more
common hazards are asbestos, ground water contamination, lead base paint, urea
formaldehyde, foam insulation (UFFI) mold, mildew and radon gas. Any property built
prior to 1978 may contain a lead-based paint hazard. Tenant is not permitted to have
access to any rooms, storage areas or closets which are designated to be exclusively
for the use of the Owner.
RADON GAS: Radon Gas is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit. Owner
makes no representations about the existence of radon gas on the subject Premises.
PEST CONTROL: Units are treated for pests by Owner’s agents or by contracted pest
control companies. Owner will use its best efforts to address pest control concerns, but
is not responsible for rebates due to the presence of pests, infestations, or in the event
of untimely service by pest control companies.
TERMINATION IN THE EVENT OF A SALE: Owner reserves the right to terminate
this occupancy agreement upon at least ten (10) days written notice to Tenant in the
event Owner intends to sell the premises.
HOLDOVER: The Tenant acknowledges and agrees that they are taking possession of
the unit for a short-term lease and that it is important that they vacate at the end of the
lease term. As such, Tenant agrees that should Tenant hold over for any reason, or for
no reason, and fail to vacate the unit by the Check Out Date in this Contract, then and in
that event, the Landlord’s damages will be impossible to calculate, and as such Tenant
agrees that as Liquidated Damages, they will pay the amount of $1,500.00 per day for
every day the Tenant holds over after the termination date of this Contract.
TIME IS OF THE ESSENCE: Time is of the essence with respect to all time
periods contained in this Contract.
MOLD ADDENDUM TO LEASE
THIS ADDENDUM IS AGREED TO AND SHALL BE MADE PART OF THE
SEASONAL/SHORT TERM RENTAL AGREEMENT (THE “CONTRACT”) BETWEEN
THE PARTY IDENTIFIED AS THE OWNER IN THE CONTRACT (“OWNER”) AND
THE PARTY IDENTIFIED AS THE TENANT IN THE CONTRACT (“TENANT”) FOR
THE PREMISES LOCATED AT 420 Gulf Boulevard, Unit #5, Boca Grande, FL 33921.
MOLD: Mold consists of naturally occurring microscopic organisms which reproduce by
spores. Mold breaks down and feeds on organic matter in the environment. The mold
spores spread through the air and the combination of excessive moisture and organic
matter allows for mold growth. Not all, but certain types and amounts of mold can lead
to adverse health effects and/or allergic reactions. Not all mold is readily visible, but
when it is, can often be seen in the form of discoloration, ranging from white to orange
and from green to brown and black, and often there is a musty odor present. Reducing
moisture and proper housekeeping significantly reduces the chance of mold and mold
growth.
CLIMATE CONTROL: Tenant(s) agree to use all air-conditioning, if provided, in a
reasonable manner and use heating systems in moderation and to keep the premises
properly ventilated by periodically opening windows to allow circulation of fresh air
during dry weather only. OWNER RECOMMENDS THAT AIR CONDITIONING IS USED
AT ALL TIMES IF UNIT HAS AIR CONDITIONING.
TENANT(S) AGREE TO:
· KEEP THE PREMISES CLEAN AND REGULARLY DUST, VACUUM
AND MOP · USE HOOD VENTS WHEN COOKING, CLEANING AND
DISHWASHING · KEEP CLOSET DOORS AJAR
· AVOID EXCESSIVE INDOOR PLANTS
· USE EXHAUST FANS WHEN BATHING/SHOWERING AND LEAVE ON FOR A
SUFFICIENT AMOUNT OF TIME TO REMOVE MOISTURE
· USE CEILING FANS IF PRESENT
· WATER ALL INDOOR PLANTS OUTDOORS
· WIPE DOWN ANY MOISTURE AND/OR SPILLAGE
· WIPE DOWN BATHROOM WALLS AND FIXTURES AFTER
BATHING/SHOWERING · WIPE DOWN ANY VANITIES/SINK TOPS
· AVOID AIR DRYING DISHES
· NOT DRY CLOTHES BY HANG DRYING INDOORS
· REGULARLY EMPTY DEHUMIDIFIER IF USED
· OPEN BLINDS/CURTAINS TO ALLOW LIGHT INTO PREMISES
· WIPE DOWN FLOORS IF ANY WATER SPILLAGE
· SECURELY CLOSE SHOWER DOORS IF PRESENT
· LEAVE BATHROOM AND SHOWER DOORS OPEN AFTER USE
· WIPE DOWN WINDOWS AND SILLS IF MOISTURE IS PRESENT
· USE DRYER IF PRESENT FOR WET TOWELS
· USE HOUSEHOLD CLEANERS ON ANY HARD SURFACES
· REMOVE ANY MOLDY OR ROTTING FOOD
· REMOVE GARBAGE REGULARLY
· WIPE DOWN ANY AND ALL VISIBLE MOISTURE
· INSPECT FOR LEAKS UNDER SINKS
· CHECK ALL WASHER HOSES IF APPLICABLE
TENANT(S) AGREE TO REPORT IN WRITING:
· VISIBLE OR SUSPECTED MOLD
· ALL A/C OR HEATING PROBLEMS OR ABNORMALITIES
· LEAKS, MOISTURE ACCUMULATIONS, MAJOR SPILLAGE
· PLANT WATERING OVERFLOWS
· SHOWER/BATH/SINK/TOILET OVERFLOWS
· LEAKY FAUCETS, PLUMBING, PET URINE ACCIDENTS
· ANY AND ALL MOISTURE AND MUSTY ODORS
· DISCOLORATION OF WALLS, BASEBOARDS, DOORS, WINDOW FRAMES,
CEILINGS · MOLDY CLOTHING, REFRIGERATOR AND A/C DRIP PAN
OVERFLOWS · MOISTURE DRIPPING FROM OR AROUND ANY VENTS, A/C
CONDENSER LINES
· LOOSE, MISSING OR FAILING GROUT OR CAULK AROUND TUBS,
SHOWERS, SINKS, FAUCETS, COUNTERTOPS, CLOTHES DRYER VENT
LEAKS
SMALL AREAS OF MOLD: If mold has occurred on a small non-porous surface such
as ceramic tile, formica, vinyl flooring, metal, or plastic and the mold is not due to an
ongoing leak or moisture problem, Tenant(s) agree to clean the areas with soap (or
detergent) and a small amount of water, let the surface dry, and then, within 24
hours apply a non-staining cleaner such as Lysol Disinfectant, Pine-Sol Disinfectant
(original pine-scented), Tilex Mildew Remover, or Clorox Cleanup.
TERMINATION OF TENANCY: Owner or its agent reserves the right to terminate the
tenancy and Tenant(s) agree to vacate the premises in the event Owner or its agent in
its sole judgment feels that either there is mold or mildew present in the dwelling unit
which may pose a safety or health hazard to Tenant(s) or other persons and/or
Tenant(s) actions or inactions are causing a condition which is conducive to mold
growth.
INSPECTIONS: Tenant(s) agree that Owner or agent may conduct inspections of the
unit at any time with reasonable notice.
VIOLATION OF ADDENDUM: IF TENANT(S) FAIL TO COMPLY WITH THIS
ADDENDUM, Tenant(s) will be held
Responsible for property damage to the dwelling and any health problems that may
result. Noncompliance includes but is not limited to Tenant(s) failure to notify Owner or
its agent of any mold, mildew or moisture problems immediately IN WRITING. Violation
shall be deemed a material violation under the terms of the Contract, and Owner or its
agent shall be entitled to exercise all rights and remedies it possesses against
Tenant(s) at law or in equity and Tenant(s) shall be liable to Owner for damages
sustained to the premises. Tenant(s) shall hold Owner and its agent harmless for
damage or injury to person or property as a result of Tenant(s) failure to comply with
the terms of this Addendum.
PARTIES: THIS ADDENDUM IS BETWEEN THE TENANT(S) AND OWNER AND/OR
ITS AGENT MANAGING THE PREMISES. THIS ADDENDUM IS IN ADDITION TO
AND MADE PART OF THE CONTRACT AND IN THE EVENT THERE IS ANY
CONFLICT BETWEEN THE CONTRACT AND THIS ADDENDUM, THE PROVISIONS
OF THIS ADDENDUM SHALL GOVERN.