This vacation rental/event lease agreement (hereafter referred to as the “Agreement”) is made by and between, HLC Enterprises LLC hereinafter called “Lessor”, and the vacation/event renter ,hereinafter called “Lessee”.
Over 25 guests entering Robison Mansion will be considered an event, Event fees will apply and Event Insurance is highly recommended.
1. Lease Covenant: In consideration of the payment of rents and the keeping and performing of covenants and agreements hereinafter set forth by this Agreement, the Lessor hereby leases to Lessee the premises situated in Fremont County, Colorado, and listed on page 1 of your confirmation, hereafter referred to as the “Premises.”
2. Lease Term: The lease term is listed on page one of your confirmation.
3. Rental Payments: Lessee shall pay to Lessor the total rental payment listed on page 1 of your confirmation which includes the lodging taxes, processing fees, and cleaning. The rent shall bedue and payable in full, in advance of occupancy, and in accordance with Lessor’s Payment and Deposit Policy.
4. Security: Lessee has registered with Lessor at the time of execution of this Agreement the following Credit Card Account to be used as security for the faithful performance of the term sand obligations of the Lessee provided for herein. Lessee shall be liable for any damages to the leased Premises, appliances, furniture or fixtures therein, caused by the Lessee or the guests or invitees of Lessee. Damages shall include, but not be limited to the following: heavy marks, dents, excessive dirt, burns or gouges in the walls, woodwork, counters, fireplace, cabinets, ceilings, carpets or tile floors and/or misuse of appliances. Cost of said damages shall be determined and presented on statements rendered by Lessor to Lessee, and said statement shall be paid by Lessee from the Credit Card Account supplied above. The above Cardholder hereby authorizes Lessor to make these charges on the above Credit Card Account. Lessee further covenants and agrees with Lessor to take good care of the subject Premises, furniture, equipment and appliances.
5. Payment and Deposit Policy: 25% of balance is due upon booking. Remaining 75% is due 45 days prior to your arrival date. If booking within 45 days of arrival, full payment is due at time of booking. Interest earned form these deposits shall become property of Lessor, unless other arrangements for payment were made at the time of booking.
6. Cancellation Policy: Any cancellation received 45 days or more prior to the commencement of the lease term will forfeit deposit or 50% of published rates. Specials subject to forfeiture of deposit amount equal to “Non-special” published prices. Cancellation received less than 45 days prior to the commencement of the lease term will result in the forfeiture of the full rental amount, whether paid or owing as of the date of cancellation.
7. Condition of the Premises: Lessee warrants that he waives the examination of the Premises and that any representations as to the condition or repairs thereof by Lessor have been made in good faith using Lessor’s best judgment.
8. Use of Premises: Lessee shall use the Premises for residential purposes and shall not
knowingly violate the laws of neither the State of Colorado nor the United States, or keep on or in or around the Premises or in any place contiguous thereto anything of an inflammable or explosive nature. We have a strict no smoking policy. Lessee further agrees not to smoke any tobacco or related product within the interior of the Premises. Prior to or upon vacating the Premises, Lessee agrees to return the premises in clean condition, normal wear and tear expected. Lessee agrees that the dishes will be placed in dishwasher and run through clean cycle; the heat turned down to 55 degrees (F), and all windows and doors locked.
9. Number of Occupants/Pets Policy: Lessee must be 25 years old or older. Lessee agrees that there will be no more than 10 tenants during the course of this tenancy. Lessee further agrees that no dogs, no cats and no other animals shall be allowed to live in or visit the Premises nor part of the Premises, unless previously cleared through management and after pet fees and deposits have been received by Lessor. If an unauthorized pet is discovered at the property at any time during your stay $250.00 will automatically be charged to your credit card on file.
10. Assignment and Subletting: Lessee may sublet only with prior written consent and approval of Lessor’s agent. Any violation of this condition will be a violation of this Agreement and will be grounds for eviction.
11. Right of Entry: Lessor or his or her agent shall have the right to enter the leased Premises to inspect the Premises for (1) compliance with this Lease or damage or needed repairs or improvements without intruding into Lessee’s personal, (2) making necessary repairs or improvements, or (3) exhibiting the Premises to prospective tenants or purchasers. Such entry may be made by agreement between Lessor and Lessee, and in the absence of such agreement, may be made only between the hours of 9:30 a.m. and 7 p.m. after advance notice of at least 12 hours to Lessee of the date, time and purpose of entry. Entry may be made without prior notice if Lessor or his agent reasonably believes that an emergency exists, such as fire or broken water pipes and requires immediate entry without notice.
12. Indemnification: Lessee agrees to save harmless, protect and indemnify Lessor from and against any and all loss, damage, claims, suits or actions at law, judgments and costs, including attorney’s fees reasonably incurred, which may arise or grow out of any injury to persons, or damage to property; caused by, arising from, or in any manner connected with Lessee’s occupancy of the subject Premises.
13. Charges: Lessee shall be charged $25.00 for any check returned unpaid by Lessee’s bank and, in addition, will be charged a late fee of $25.00 if non-payment is due to insufficient funds. A cancellation charge of $25.00 may be assessed according to Section 6.
14. Default by Lessee: Failure to perform or honor any obligations or covenant contained in this Agreement shall constitute a default of this Agreement by Lessee.
15. Lessor’s Remedies: Upon any default by Lessee, the Lessor shall have the following rights and remedies, in addition to any other remedy or right by law or in equity by reason of such default:
a. The right to terminate this Agreement, in which case the Lessee shall immediately
surrender possession of the Premises to the Lessor and pay to the Lessor all rental
payments and other amounts payable by Lessee to Lessor according to Section 6.
b. To enter upon and take possession of the Premises and remove Lessee from the
Premises, with or without having terminated this Agreement and to alter and change any
locks or other security devices at the Premises. No such re-entry by the Lessor shall be
considered to be a forcible entry of the Premises.
c. In addition, Lessee shall be liable for and shall pay to Lessor any broker’s fees or
rental fees incurred by Lessor in connection with the re-leasing of the Premises, the costs
of removing and storing Lessee’s or other occupant’s property from the Premises, and all
reasonable expenses incurred by Lessor in enforcing the remedies of Lessor, including
reasonable attorney’s fees.
16. Surrender of Premises: At the termination of this Agreement by lapse of time or otherwise, Lessee shall immediately yield possession of the Premises to Lessor and shall deliver all keys to the Premises to Lessor or his agent at a time and place to be specified by Lessor. If Lessee does not return two keys to Lessor upon departure of premises Lessor is authorized to charge $25.00 per key to Lessee for the keys on the credit card HLC Enterprises LLC has on file.
17. Applicable Law: This Agreement is entered into in the County of Fremont and State of Colorado, and it is agreed that the proper jurisdiction and venue of any action pertaining to the interpretation or enforcement of this Agreement shall be in the District or County Court of Fremont County, Colorado.
18. Binding Effects: The terms and conditions of this shall extend and be binding upon the heirs, executors, legal representatives, successors and assigns of the parties hereto. This Agreement represents the full and final agreement among the parties and no oral statement or representations not contained in this Agreement shall be of any force and effect. This Agreement shall not be modified or amended in any way except by written agreement among all parties.
19. Severability: If any provision of this shall be held invalid and unenforceable, the remaining provisions shall, nevertheless, remain unaffected and continue in full force and effect as valid and enforceable.
20. Legal Fees and Court Costs: It is agreed that if any action is brought in a court of law by any party to this Agreement as to the enforcement, interpretation or construction of this Agreement, or any document provided herein, the prevailing party in such action shall be entitled to reasonable attorney’s fees as well as all costs incurred in the prosecution or defense of such action. In the event that Lessor retains an attorney to collect rent or to enforce any other provision hereof, Lessee agrees to pay, in addition to all other payments set forth in this Agreement, all reasonable attorney’s fees in connection therewith upon presentation of a statement therefore.
21. Disturbances: Lessee shall not make nor commit any disturbing noises on the Premises by themselves, their families, agents, service or visitors, nor permit any such persons to do anything that will interfere with the rights, comforts, or convenience of any other tenants or neighbors.
22. Lessor’s Rights and Written Waivers: The acceptance of rent after it falls due or after
knowledge of any breach hereof by Lessee shall not be deemed a waiver of Lessor’s rights unless Lessor gives to Lessee written waiver, which written waiver shall be deemed an election by Lessor not to proceed under the provisions of this Agreement for that offense.
23. General: Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural and the singular, and the use of any gender shall include all genders.
24. Force Majeure: Lessor shall be excused for the period of any delay in the performance of any obligation of this Agreement when caused by circumstances beyond its control including, without limitation; severe weather, all labor disputes, civil commotion, war, war-like operations, power sabotage, terrorism, governmental regulations or controls, fire or other casualty, inability to obtain any material, service or financing, or through acts of God.
UNLESS CONTESTED IN WRITING WITHIN 48 HOURS OF RESERVATION
BOOKING, IT IS UNDERSTOOD THAT THE LESSEE AGREES TO THE TERMS & CONDITIONS LISTED ABOVE UPON RECEIPT OF THIS DOCUMENT AND CONFIRMATION OF BOOKING.