Clearlake Vacations Online
PROPERTY MANAGEMENT AGREEMENT
Owner & Agent Agreement
Agreement made this day of the _________ month of _______________, 2009 between______________________
____________________of ______________________, herein referred to as “Owner”, and clearlakevacationsonline.com
Company by its agent, Everett & Linda Swesey of _______________________________________________________
herein referred to as “Agent.”
SECTION ONE
DESIGNATION OF AGENT AND DESCRIPTION OF PROPERTY
Agent is hereby designated as the exclusive agent and representative of clearlakevacationsonline.com Company for the purpose of managing the account for Owner of the following described property: address of proposed vacation rental property……herein referred to as “Property” and/or “Unit”. It is agreed that neither party will change the “name” of the Property, without mutual agreement, as all advertising and marketing includes the “names” and the change of a name would cause excessive expense to the Agent.
SECTION TWO
DUTIES OF AGENT
The duties and responsibilities of Agent in connection with the management of the Property are as follows:
1) Agent shall make reasonable efforts to rent the Unit on a nightly or weekly basis on behalf of the Owner at rates consistent with historical rentals and as mutually agreed between Agent and Owner. Agent shall take all reasonable steps to collect all rental charges due prior to occupancy of the Unit. “Reasonable efforts” shall include but not be limited to advertising in print media and on the Internet. Agent shall make every attempt to rent all of the units under a management agreement as equally and fairly as possible without favoritism to units owned by the agent or any entity in his control or any other unit owners.
__ Agent provides limited advertising on www.clearlakevacationsonline.com . Agent does suggest owner to pay to advertise on www.vrbo.com for more exposure/more rental action. The yearly minimum cost is $279.00 (this price tends to vary year to year). Agent will provide the service of posting the ad for the owner at no charge, providing Agent is listed as the contact person for said rental property.
2) Agent shall be responsible for the hiring of “cleaning and light maintenance persons”, who shall clean and inspect each unit after each tenant vacates the premises as well as laundering the linens and towels as needed. These services will only apply to those rentals booked by the Agent. The Owner shall be responsible to supply the Unit with items such as, but not limited to, soap, shampoo, toilet paper, tissues and paper towels.
3) Agent shall do everything reasonably necessary for the proper management of the Property, including periodic inspections of the Unit when it is not occupied and arrange for any maintenance, improvements, alterations and repairs which require the contracting of outside services. No improvements, alterations, or repair work costing more than $250.00 shall be made by the Agent without the prior authorization of the Owner. In case of an emergency that requires immediate repairs or alterations, if Owner is not readily available for consultation, Agent shall use reasonable judgment regarding same. All expenses incurred for such outside services, in accordance with this paragraph, shall be paid for by the Owner.
4) Agent shall have the authority to hire, supervise, and terminate all independent contractors and Property employees, if any, reasonably required in the operation of the Property. All such employees shall be employees of the Agent and the Agent shall be responsible for any required payroll tax returns and withholdings.
5) Agent shall handle all tenant requests and negotiations that may arise from time to time.
6) Inasmuch as Agent is not authorized to practice law, where legal assistance is needed for such matters as enforcing the collection of rent or eviction of a tenant, such action shall be through counsel designated or approved by the Owner. The expenses for such counsel shall be borne by the Owner.
7) Agent shall maintain accurate records of all moneys received and disbursed in connection with its management of the Property, and such records shall be open for inspection by Owner at all reasonable times.
8) After Agent deducts all authorized expenses and her commission from the funds collected for the account of the Owner, Agent shall calculate the amount due Owner and send the net amount of such funds, with the calculation, to the Owner within thirty (30) days of the completion of the guest’s stay.
SECTION THREE
DUTIES OF OWNER
1) Owner shall pay all real and personal property taxes and other taxes levied and assessed against the Property. Agent shall have no obligation to see to the payment of any taxes except room taxes assessed by the state or local government and collected by the Agent. Agent will be responsible for collecting and paying all room and occupancy taxes collected from guests.
2) Owner shall maintain comprehensive public liability and fire and extended coverage insurance to cover the interior and be certain that the condominium trust maintains comprehensive public liability and fire and extended coverage for the exterior of the property.
3) Owner shall notify Agent of any periods of time Owner wishes to reserve to him/herself during the term of this Agreement as soon as possible after the execution hereof. Owner herein agrees to honor any rentals booked by the Agent prior to such notification. Owner shall not be entitled to housekeeping services, amenities and such unless the management fee is paid by the Owner to the Agent, except as stated below.
4) Owner shall reimburse Agent, on demand, to the full extent of any moneys advanced by Agent for the account of Owner, as authorized by Owner in accordance with this Agreement, in carrying out the purpose of this agreement; it being understood that Agent is not obligated to make such advances of money.
5) Owner shall pay the Agent thirty-five (37%) percent of the rental fees for services in managing said Property as stated herein. Agent is hereby authorized to deduct said sum from monies collected from tenants by the Agent on behalf of the Owner. In the event Owner and/or Owner’s guests use the Unit and opt to receive cleaning services, Owner will pay to Agent the sum of $85 (eighty five dollars) for a three-bedroom unit or the sum of $70 (seventy dollars) for a two-bedroom unit or the sum of $60 (sixty dollars) for a one bedroom unit for the nights occupied by Owner and/or Owner’s guests.
6) Owner agrees that Agent shall manage the Property in full compliance with the requirements of all applicable laws, and that Agent is authorized to take such reasonable action as agent deems appropriate to comply with such laws, and shall provide prompt notice to Owner of such action.
7) Owner herein acknowledges that the Property is a smoke free environment and Agent shall be responsible for notifying all tenants, guests and invites of said policy.
SECTION FOUR
INDEMNIFICATION OF AGENT
Except for the negligence or willful misconduct of Agent, Owner agrees to indemnify Agent against all costs, expenses, attorney’s fees, suits, liabilities, and damages from or connected with the management of the Unit by Agent or the performance or exercise of any of the duties, obligations, or powers herein or hereafter granted to Agent, not occasioned by the willful acts of Agent.
SECTION FIVE
TERM OF AGREEMENT
This agreement shall be for a term commencing on _____________ and ending on _____________. At the expiration of such term, this agreement, if not renewed in writing for an additional fixed period and if not terminated in writing by either party, shall be deemed a month-to-month agreement cancelable by either party on not less than thirty (30) days written notice, which notice may be given at any time during the month, provided that in any event the cancellation shall be effective thirty days from said date. In the event said agreement is terminated and the agent no longer provides services to the Owner but has booked rentals for a future period, Owner shall honor said rentals and pay to the agent 15% of the rental sum for the booking services only. Owner shall have the option of receiving the full service from the Agent at the rate of 35%, which will include the rental and cleaning fees.
SECTION SIX
NOTICES
For purposes of this agreement, and until changed by written notice to the Agent, the mailing address of the Owner for all purposes shall be:
_________________________________________
_________________________________________
_________________________________________
For the purposes of this agreement, and until changed by written notice to Owner, the mailing address of the Agent for all purposes shall be:
Everett & Linda Swesey_____________________
P.O. Box 1718________________________ ____
Clearlake Oaks, CA 95423___________________
SECTION SEVEN
MISCELLANEOUS PROVISIONS
The parties hereto acknowledge that this is the entire agreement of the parties and that there are no oral agreements in addition hereto,
This Agreement is a California contract and shall be enforceable under the laws of the State of California.
In the event the Owner sells or otherwise transfers his/her interest in the Property during the period of this Agreement, then said Agreement shall be assignable to the new Property Owner(s).
In the event that Everett & Linda Swesey shall cease to serve as Agent for Clearlake Vacations Online
Company all the rights, duties and obligations of the agent shall be the responsibility of any new Agent appointed by said Company.
In witness whereof, the parties have executed this agreement on the date above written.
___________________________________ ____________________________________
Owner Agent
___________________________________ ____________________________________
Date Date