This rental Agreement is made on ______ 2007, between Karen Murphy (hereinafter referred to as “Landlord”) and _________ (hereinafter referred to as “Tenant”).
For and in consideration of their mutual promises as hereinafter set forth, Landlord hereby rents to Tenant, and Tenant hereby rents from Landlord, the real property and improvements commonly known as Baby Island Lodge, 2947 Saratoga Road, Langley, Washington 98260 (the “Property”), on the terms and conditions of this Agreement.
1. Term. Tenant shall be entitled to use and occupy the Property beginning at 5:00 o’clock p.m. on ____ 2007 and ending at 11:00 o’clock a.m.. on _____ 2007 (the “Term of this Agreement”).
2. Use. Tenant and Tenant’s guests, employees, visitors and invitees shall use the Property solely for accommodations as a three-bedroom residence for not more than 10 people. The Property shall not be used for any other purposes. No more than 10 persons on the property at any one time.
3. Rent For Tenant’s right to use and occupy the Property during the Term of this Agreement, Tenant shall pay to Landlord rent in the amount of _____ and 0/100 Dollars ($ ) plus 10.3% tax, payable as follows:
3.1 ______ ($ ____ ) on signing this Agreement, receipt of which is acknowledged by Landlord; and
3.2 _____ ($ _____ ) 120 days in advance of the Term of this Agreement
3.3 _____ ($ ______) 90 days in advance of the Term of this Agreement
3.4 The balance ____________ ($ ________) 30 days in advance of the Term of this Agreement.
4. Cancellation: Refund. Tenant may cancel this Agreement at any time prior to the beginning of the Term of this Agreement by delivering written notice of termination to Landlord prior to the beginning of the term of this Agreement. If written notice of termination is delivered to Landlord at least ninety (90) days prior to the beginning of the Term of this Agreement, Landlord shall refund all but $ to the Tenant and shall retain $ as agreed reservation fee. If notice of termination is delivered to Landlord at least thirty (60) days prior to the beginning of the Term of this Agreement, Landlord shall retain $ as agreed liquidated damages for Landlord’s administrative expenses. If notice of termination is delivered to Landlord at least fifteen (30) days prior to the beginning of the Term of this Agreement, Landlord shall retain $ as agreed liquidation damages for Landlord's liquidated damages for administrative expenses and lost opportunity costs. If notice of termination is delivered to Landlord less than fifteen (15) days prior to the beginning of the Term of this Agreement, the landlord shall retain $ as agreed liquidated damages for Landlord’s administrative expenses and lost opportunity cost.
5. Deposits. Tenant shall pay to Landlord, at the beginning of the Term of this Agreement, a damage deposit in the amount of Five Hundred dollars ($500.00) in a separate check and a non-refundable cleaning fee in the amount of one hundred dollars ($100.00) + 10.3% tax . If the expense incurred by Landlord in cleaning the Property after the end of the Term of this Agreement exceeds the cleaning deposit, Tenant shall immediately pay the excess to Landlord.
The damage deposit shall be kept on deposit by Landlord (but need not be segregated from other of Landlord’s funds) as security for any damage to the Property or any furniture, fixtures, equipment or other tangible personal property therein or disposal of garbage beyond one 32 gallon container at the rate of $5 per 32 gal. container caused by Tenant, Tenant’s guests, employees, visitors or invitees. In the event of any such damage, Landlord shall apply the damage deposit to the amount thereof. If the amount of damage exceeds the amount of the deposit, Tenant shall immediately pay the excess to Landlord. Within fourteen (14) days of the end of the Term of this Agreement, Landlord shall refund to Tenant any unapplied portion, if any, of the damage deposit.
6. Right of Landlord to Enter. Landlord reserves and shall have the right to enter the Leased Premises at any and all times to alter, improve, repair, or add to the Building, or any part thereof, to clean windows, perform janitorial service, inspect the Leased Premises, or for any other purpose incident to the maintenance, conduct or operation of the Building. Tenant shall not claim, nor be allowed, any damages for any injury or inconvenience occasioned thereby. Landlord shall use reasonable care to avoid disruption of Tenant’s use of the Building. This paragraph shall not in any event impose a duty on Landlord to make any repairs whatsoever.
7. Condition of the Property. Tenant accepts the Property “as is” and hereby waives any claim or right on account of the condition or repair of the Property. Linens and towels provided but guests make their own beds and strip the beds, leaving used sheets on the floor in the laundry room
8. Tenant’s Duties. Tenant shall
8.1 Comply with all rules regarding the use and occupancy of the Property adopted by Landlord from time to time;
8.2 Comply with all statutes, laws, ordinances and regulations;
8.3 Not allow any loud noises, obnoxious odors or any other nuisance (as determined by Landlord) at the Property;
8.4 Not allow the Property to be used for purposes other than those specified in Section 2 of this Agreement;
8.5 Not keep any animals at the Property except with prior arrangement with the landlord;
8.6 Not alter the Property in any way;
8.7 Not commit waste;
8.8 Not smoke anywhere in the building at any time; and
8.9 Pay to Landlord upon demand the amount of any damages to the Property or any furniture, fixtures, equipment or other tangible personal property therein or thereon caused by the negligence or misconduct of Tenant or any of Tenant’s guests, employees, invitees or visitors and Tenant shall (and hereby agrees to) hold harmless from, and indemnified against, any liability, loss, cost or expenses for any such damage and from all liability, loss, cost or expense resulting from any violation by Tenant of any provision of this Agreement.
9. Liability, Release and Indemnification. Landlord shall have no liability for any injury to or death of any person, or damage to any property, occurring at the Property or in connection with the use and occupation of the Property by Tenant or Tenant’s guests, employees, visitors or invitees from any cause whatsoever. Tenant, for Tenant and Tenant’s heirs, successors, assigns and personal representatives and for Tenant’s guests, employees, invitees and visitors and their heirs, successors, assigns and personal representatives, hereby releases and forever discharges Landlord and her heirs, successors, assigns and personal representatives from, and shall indemnify and defend all of them against, and hold all of them harmless from, all such liability and all claims, actions, causes of action, damages, expenses (including, without limitation, attorney’s fees), costs, liabilities and other obligations relating to any such injury, death or damage.
10. No Assignment. Tenant may not assign this Agreement, or any of Tenant’s rights or obligations under this Agreement.
11. Waivers. No waiver by either party, expressed or implied, of any breach by the other party of any provision of this Agreement shall be, or be held to be, a waiver of any subsequent breach of the same or any other provision of this Agreement, nor shall the acceptance of any rent hereunder be held to be a waiver of any provision of this Agreement.
12. Holding Over. If Tenant or any of Tenant’s guests, employees, visitors or invitees fails to vacate the Property at the end of the Term of this Agreement, Tenant shall pay Landlord the sum of One thousand and No/100 Dollars ($1,000.00) for each day or portion of a day (a day being each 24-hour period from the end of the Term of this Agreement) of such failure. The preceding sentence does not give Tenant or any of its guests, employees, invitees or visitors any right to continue to occupy the Property beyond the Term of this Agreement.
13. Notices. Any notice in any way relating to this Agreement, or any matter arising hereunder, shall be in writing and shall be delivered by personal delivery or by U.S. mail, postage prepaid, addressed to the party to whom such notice is given at the following address or at such other address as that party notifies the other party in accordance with this Sec:
To Landlord:
Karen Murphy
2947 Saratoga Road
Langley, WA 98260
To Tenant:
________________________________
________________________________
________________________________
14. Enforcement. In any action to enforce this Agreement or any of the terms or conditions hereof, the prevailing party shall be entitled to its reasonable attorney’s fees, including fees on appeal, in addition to all of said prevailing party’s costs, expenses and disbursements in said action.
15. “NSF” Checks. Tenant agrees to pay to Landlord the sum of Fifth and No/100 Dollars ($50.00) for each check proffered in payment which is returned to Landlord as uncollectible by virtue of insufficient funds or for any other reasons.
16. Complete Agreement. This Agreement may be amended or modified only by a written instrument signed by both Landlord and Tenant.
17. Binding Effect. Subject to the prohibition on assignment, this Agreement shall be binding upon, and inure to the benefit of, the parties and their heirs, successors, assigns and personal representatives.
IN WITNESS WHEREOF, the parties have made this Agreement by signing it at ____________________ on the date first above written.
TENANT:
________________________________ ______________________________
LANDLORD:
________________________________________________________________
Karen Murphy
Please note in “Deposit” information, $10/ 32 gal. garbage bag--beyond one--will be deducted from your damage deposit. You can avoid this easily by separating your garbage and recycling as described in “About the lodge.” There is no charge for disposal of recycle when properly rinsed and sorted.
