RENTAL AGREEMENT
This Rental Agreement (this “Agreement”) is made by and between 2170 Looking Glass LLC, a Montana limited liability company (“Landlord”) and the individual(s) executing this Agreement as tenant(s) (collectively, “Tenant”) with respect to Landlord’s house located at 2170 Looking Glass Road, Big Sky, MT (the “House”). Landlord and Tenant hereby agree as follows: 1. Rental Term. Landlord hereby agrees to rent the House to Tenant for a term (the “Rental Term”) beginning and ending at the following dates: Start Date Day: Saturday Date: Day: Saturday Date:
End Date
Tenant shall be entitled to possession at 5:00 PM on the Start Date of the Rental Term and shall yield possession to Landlord at 10:00 AM on the End Date of the Rental Term, unless otherwise agreed by both parties in writing. 2. Rent. Tenant shall pay to Landlord as rent for the rental term (“Rent”) the amount of: Rent: $
plus Montana State Sales Tax and Big Sky Resort Tax at the rate of seven per cent (7%) and three per cent (3%), respectively, of the Rent (“Montana Sales Tax”). The total amount payable as Rent and Montana Sales Tax shall thus be: Rent Montana State Sales Tax Big Sky Resort Tax TOTAL $
$
Tenant shall pay Landlord one-half (1/2) of the Rent at least thirty (30) days prior to the beginning of the Rental Term.. Tenant shall pay Landlord the balance of the Rent and the Montana Sales Tax at least two (2) days prior to the beginning of the Rental Term 3. Security Deposit. At the time of the submitting this Agreement to Landlord, Tenant shall pay to Landlord a security deposit of One Thousand Dollars ($1,000.00) (the “Deposit”). Landlord shall hold the Deposit as security for (i) expenses incurred by Tenant for long-distance telephone, satellite television and other similar third-party charges for services available in the House; and (ii) physical damages to the House during Tenant’s occupancy of the House; and (iii) any other damages suffered by Landlord as a result of Tenant’s breach of this Agreement. Landlord shall return the Deposit to Tenant, less any amounts retained by Landlord as
compensation for damages, as soon after the end of the Rental Term as Landlord can confirm the amount, if any, of the expenses and damages to be recovered from the Deposit, but no more than thirty (30) days after the end of the Rental Term. 4. Use and Occupancy of House. Tenant shall occupy and use the House solely as a vacation home for the period of the Rental Term. Tenant acknowledges that the House is furnished as a private home and agrees to take reasonable care of the House and all of its contents and to use reasonable care in taking advantage of the facilities supplied with the House. 5. Family Members and Guests. At the time of submitting this Agreement to Landlord, Tenant shall notify Landlord of the names (and in the case of children, ages) of all family members and guests who will be sharing the House with Tenant (each, a “Guest”). Tenant shall cause each Guest to acknowledge and agree to be bound by the terms of this Agreement as a condition to using the House. 6. Pets. Tenant may bring pets into the House only on the prior written approval of Landlord. 7. Utilities. The House has all electric utilities, including heat and hot water. The cost of electricity and the cost of plowing in winter are included in the Rent. Tenant will have access to Landlord’s long-distance telephone and satellite television service but shall be responsible for all charges (other than regular monthly access charges) incurred with respect thereto during the Rental Term. 8. Access by Landlord and Landlord’s Agents. Subject to Tenant’s consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the House to make inspections and provide necessary services. As provided by law, in the case of an emergency, Landlord may enter the House without Tenant’s consent. 9. Cancellation. Tenant shall be entitled to cancel this Agreement without penalty up to the date which is thirty (30) days prior to the beginning of the Rental Term, in which case Landlord shall promptly return the Deposit to Tenant in full. Landlord shall be entitled to retain the Deposit and the first installment of the Rent as liquidated damages if Tenant cancels this Agreement less than thirty (30) days prior to the beginning of the Rental Term. 10. Defaults. Tenant shall be in default of this Agreement if Tenant fails to fulfill any obligation or term of this Agreement, including the obligation to pay the Rent in advance as required under Section 2. If Tenant fails to pay any installment of rent in advance as so required, Landlord shall be released from the obligation to make the House available to Tenant and shall be entitled to retain the Deposit and any collected Rent as liquidated damages. If Tenant fails to fulfill any other obligation or term of this Agreement, Landlord shall have the right to terminate this Agreement, require Tenant to vacate the House, and recover damages from Tenant as permitted by law. 11. Assignment. Tenant may not assign or sublet this Agreement or any interest in the House without the prior written consent of Landlord.
12. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. 13. Amendment. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. 14. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Montana. 15. Dispute Resolution. Landlord and Tenant shall make all reasonable efforts to resolve any conflicts arising in connection with Tenant’s use of the House by negotiation. If, notwithstanding such efforts, either Landlord or Tenant shall initiate litigation in connection therewith, Landlord and Tenant agree that any such proceeding shall be brought in the courts of Gallatin County, Montana, and Landlord and Tenant each expressly submit to the jurisdiction of the courts of Gallatin County, Montana, in any such proceeding. LANDLORD: 2170 Looking Glass LLC c/o Stafford Smiley, Manager 6712 Bonaventure Court Bethesda, MD 20187-4016 301/365-5305 ssbigsky@3rivers.net By: Stafford Smiley, Manager
____________________________ Date: _______________________
TENANT:
Tenant Signature:
____________________________
Tenant Name: (Printed)
____________________________ Address: ____________________________ ____________________________ Telephone: __________________ E-mail: __________________
Date: _______________________
Names of Family Members and Guests: _________________________ _________________________ _________________________ _________________________