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This agreement is for the Management and Rental of Vacation Homes

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This agreement is for the Management and Rental of Vacation Homes Powered By Docstoc
					This agreement is for the Management and Rental of Vacation Homes

This agreement is between Executive Villas Florida ( hereafter termed as the
Manager), and based at 9 Lonsdale Meadows, Boston Spa, Wetherby, W. Yorkshire,
LS23 6DQ. United Kingdom. and _________________________________________
( hereafter termed as Owner ), whose current address is,
_____________________________________________________________________

_____________________________________________________________________
who agrees to enter into this contract for the management and rental of a Vacation
Home located at,
 ____________________________________________________________________

_____________________________________________________________________
and jointly agrees to the following:-

1.     The Manager shall use his best endeavours to procure short-term rentals for
       the above listed Vacation Home and for the benefit of the owner. The
       Manager will list the property on its Web Site and other associated sites.
       Where prudent trading agreements will be established between Executive
       Villas Florida and other trading associates both in the U K. and the U S A.

2.     The Web Site will be promoted through other recognised forms of advertising
       in other sectors of the Tourist Industry.

3.     The manager will administer all rental reservations generated by its own
       advertising media.

4.     The Manager will pay monthly property expenses from funds provided by the
       owner, either from rental income or Owners own resources. This will include,
       but will not be legally responsible for, the submission of monthly returns for
       Florida Sales Tax and Florida State Tax.

5      The Vacation Home will be visited at least twice a week by a member of the
       management team.

6.     The Management Team will carry out all maintenance as and when it is
       required.

7.     The Management will remit copies of all income and expenditure relating to
       your Vacation Home on a monthly basis

The Manager will be obligated to, and have the right to offer the Vacation Home for
rent at all times during the term of this contract, UNLESS PRE-BOOKED ON THE
COMPANIES COMPUTERISED BOOKING SYSTEM BY THE OWNER. From
the total rental income received and including any extras, the Manager will deduct
10% commission, excluding credit card charges, which will be bourn by the Owner,
(these are currently 2 1/2% but under discussion for reduction). The balance will be
credited to the Owners’ account maintained by the Manager. The residual rental
income is to be paid to the Owner on the day of the arrival of the guests by telegraphic
transfer.

RESPONSIBILITIES OF THE OWNER

At all times the owner agrees to pay all expenses associated with the Vacation Home
as listed below, but not restricted to:-

a.      Pay the companies declared fee every month for the services rendered as
        outlined here in after

b.      To give the company rights to rent the property (not exclusively) to any person
        or entity. If the Owner elects to rent the property or comes to a third party
        arrangement the company shall be entitled to a weekly rental fee of $30 US
        Dollars to cover out of pocket expenses. This excludes Owner occupation.

c.      Pay any mortgage or liens on the property.

d.      The Owner shall maintain liability insurance on the property to a minimum
        amount of One Million US Dollars. The Owner hereby acknowledges that a
        short-term rental property is not covered by a residential insurance policy.

e.      To pay all insurance on the property.

f.      To pay any tangible and intangible taxes on the property.

g.      To pay all utilities to the appropriate government agencies by way of a direct
        debit mandate or American Auto-payment.

h.      Pay Home Owners Association Fees.

i.      To pay for any services directly hired by the Owner. Maintain to a standard
        acceptable to the company the interior and exterior of the Vacation Home and
        including but not limited to, paint work, furniture, appliances, linens, soft
        furnishings and landscaping.

j.      Declare all income for the Vacation Home whether the company rents the
        property or the Owner collects the rental income for the Vacation Home and
        pay all tourist, state and local taxes on any and all rentals placed in the
        property by the owner. Save as outlined in Managers responsibilities.

k.      The Owner shall indemnify and hold harmless the Company, its employees
        and agents from and against any and all claims, damages lawsuits and costs
        arising from injury or damage to any person or property occurring on the
        property itself, except if such injury or damage is as a direct result of the
        Companies own negligence.

l.      The Owner shall provide the Company with the following.
        1. A current individual taxpayer identification number (ITIN Number) with
           4224 exemption for foreign nationals or a social security number with W-9.
        2. Hotel and Restaurant Licence for a single resort dwelling
        3. Florida Department Certificate of Registration.
        4. Tourist Tax Number Occupational Licence.
        5. Any other Licences permits or forms as required by the local State or
           Federal Governments to allow the property to be used for short term rental.

m.   The Owner will use the companies automated booking system to book and
     register the Owners’ personal bookings, and will not over ride or tamper with
     any bookings currently on the system. The Owner will indemnify the
Company      against any losses.

n.     In the event that utilities are disconnected while a booking is in place, the
       Owner is responsible for any and all costs incurred by the Company in
       relocating the booking.

o.     The Owner shall ensure that the Vacation Home is fully equipped to provide
       reasonable comforts for the guests, these include, but are not restricted to, full
       set of bedding and duplicate for each bed situated in the Vacation Home.
       Sufficient towels for the maximum number of guests that the Vacation Home
is     licensed to accommodate, and for the costs of such items to be replaced by the
       Owner as the Manager may reasonably request from time to time, and to bring
       the home and its contents up to the standard required, by the Manager.

p.     The owner shall pay for the installation of a Touch Pad Door Lock where
       applicable and for the fitting of a Lock Box on the wall. The property must be
       re-keyed at the owners expense in order to comply with the managements
       master system.

PROPERTY ACCOUNT

         At all times, the Owner agrees to maintain a minimum balance of $1000 US
Dollars on his property account maintained by the Manager, and to provide the
Manager with additional funds on request, so as to maintain the said $1000 US Dollar
at all times. The property account shall be used to pay the company its fees under this
agreement, to pay all other costs and expenses, including Sales and Tourist Taxes on
bookings placed by the company, to pay for all Vacation Homes expenses, and
general maintenance fees, but not limited to pool, lawn and pest control.

The Management Company shall provide other services not set forth in this
agreement, upon written request by the Owner, and the Owner agrees that payment for
these services shall be made to the Management Company from the property account,
in the amount agreed between the Owner and the Management Company. The owner
authorises the Management Company to carry out urgent / emergency repairs and
maintenance up to the maximum amount of $300 US Dollars

TERMINATION

A.     Either party may terminate this contract upon 30 days written notice for any
reason what so ever. Should the Owner terminate this agreement the Owner must
honour any and all previous and existing obligations or commitments for this
Vacation Home at the time of termination. The Owners failure to honour their
commitments shall result in the Owner being responsible for any maintenance costs,
rental loss, service fees and re-rental payments which may arise. All bookings
procured by the Management Company shall revert back to the Management
Company.

Should the Owner sell the Vacation Home all existing bookings procured by the
company shall revert back to the company, unless the new Owners appoint Executive
Villas Florida as managers. The Owner shall notify the Company of the impending
sale of the Vacation Home at the same time that the Vacation Home is offered for sale
on the open market.

B.      The Management Company may cancel this agreement without notice, if the
Owner fails to honour its obligations with regard to the Vacation Home as set forth
under this agreement. Under this circumstance, the Management Company shall
distribute moneys owed to it and to other third parties relating to the property and
within a reasonable time provide the owner with any remaining monies in the Owners
property account and a summary of distributions.

MISCELLANEOUS PROVISIONS

a.     There are no other representations, promises, inducements or agreements
       between the parties that are not within this agreement.

b.     If litigation arises as a result of this agreement then the venue shall be Polk
       County in the State of Florida USA. regardless as to where this agreement is
       signed.

c.     The prevailing party shall be able to recover its attorney’s fees, including fees
       at trial and appellate levels and all costs including but not limited to copying
       cost long distant charges, witness fees and travelling costs.

d.     The Management Companies failure to enforce any provision in this
       agreement shall not constitute a waiver or estoppels by the company.

e.     If any terms of provisions in this agreement is deemed un-enforceable the
       agreement itself shall remain valid and binding on both parties.

f.     This agreement is not assignable by the Owner.


APPENDIX

CURRENT CLEANING FEES
       We will pay all monthly bills, ( but not be legally responsible for ) including
State Tax and Florida Tax. For this service we charge an extra $25 U S.

Our monthly management charges are as follows:-

Management fee $ 125
Pool service   $ 97
Trash collection $ 15
Lawn service     $ 75
Pest control     $ 25

These are our main monthly fees, but you will know from experience that there are
ongoing costs which will be invoiced in addition to the above, such as, fertilizers,
light bulbs, filters and running repairs, as and when they arise .

We will provide a property cleaning service (extra charge) after each party leaves the
Vacation Home. This includes, laundering of bed linen, towels and a thorough clean
of the Vacation Home. Special attention will be made to the sanitisation of all
bathrooms. A complete check of the property will be made, inspecting for any
damage.

The air conditioning will be checked for its performance, and settings reset in the
event that they have been tampered with.

All of our properties will have a fully functional Touch Pad entry door lock, plus an
emergency lock box., as this facility gives ease of access to the villa guest and renders
it unnecessary for keys to be collected from a third party. It also eliminates the
problem of keys being lost or taken home.

A member of the Management Team personally visit your property at least twice a
week, even if un-let, to ensure that it is kept in good condition and is not being
abused.

We will leave in the Vacation Home, an information manual, which contains all
emergency telephone numbers, contact numbers and places of interest to visit.

Your pool will be checked for chemical balance and cleanliness on a weekly basis,
and filters cleaned regularly.

All Trashcans and Trash will be removed onto the pavement twice a week, for
collection by the appropriate authority and Trash cans returned to their original
position.

All grass will be cut to the correct height as specified by the Housing Association,
including, all grass areas which form part of the property, the trimming of all edges
touching driveways, curbs, flowerbeds, metre boxes, trees and signs. Weeds will be
removed, either manually or with chemicals, and the sprinkler system will be
regularly checked in order to ensure compliance.

There will be an external pest control treatment every 3 months.

  Cleaning fees:- 3bed $75, 4 bed $85, 5 bed $95, 6 bed $105, 7 bed $115
                LIMITED POWER OF ATTORNEY
                          (WITH DURABLE PROVISIONS)

Property Address:______________________________________________________
____________________________________________________________________

TO ALL PERSONS, be it known that I,
(the owner)_____________________________________________________

As Grantor, do herby make and grant a limited specific power of attorney to
Executive Villa Florida and appoint and constitute said individual as my attorney-in-
fact.

My named attorney-in-fact shall have full power and authority to undertake, commit
and perform only the following acts on my behalf to the same extent as if I had done
so personally, all with full power of substitution and revocation in the presence:

1.      To speak to Utility Companies Regarding my Property
2.      To pay State and Local Taxes on all Bookings place by Executive Villa
Florida
3.      To enter, and permit third parties (with their permission) to enter the above
property.

The authority granted shall include such incidental acts as is reasonably required or
necessary to carry out and perform the specific authorities and duties stated or
contemplated herein.

My attorney-in-fact agrees to accept this appointment subject to its term, and agrees to
act and perform in said fiduciary capacity consistent with my best interest as he in his
discretion deems advisable, and I thereupon ratify all acts so carried out.

I agree to reimburse my attorney-in-fact all reasonable cost and expenses incurred in
the fulfilment of the duties and responsibilities enumerated herein.

Special durable provisions:
       This power of attorney shall constitute in full force and effect until revoked by
subsequent writing.

Other terms:
Signed in the presence of

_____________________ ________                __________________        _________
                       Date                   Grantor (owner)           Date

_____________________ ________                __________________        _________
                      Date                    Attorney-in-fact          Date

				
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