Rental Agreement

CASA BEIDISIA
SHORT TERM RENTAL AGREEMENT (“AGREEMENT”)
This Agreement is made and entered into this [date] between Beidisia Holding LLC (“Owner”) and _____ (Guest).
These Parties agree as follows:

1. BASIC INFORMATION (all currency in US$):
a. Arrival Date: ______
b. Departure Date: _____
c. Nights of Rental: __ nights
d. Daily Rental Rate for Premises: $_____ e. Full Rental Fee: $_____
Deposits
f. Total Initial Deposit (50%) (upon execution) g. Final Deposit [90 days prior]:
h. 20% security deposit [90 days prior]:
i. 10% staff gratuity (day of departure) TOTAL [due to owner]
Amount Due Date_____

2. WIRING INSTRUCTIONS:
Address: First Republic Bank, San Francisco, CA
Account Name: Beidisia Holding LLC
Account # 80003000817
Domestic ABA/Routing # 321081669
Foreign Wire Transfers: use First Republic Bank SWIFT CODE: FRBBUS6S Owner: Beidisia Holding LLC
Manager: Cynthia Sewell

3. PREMISES: Owner agrees to lease to Guest, and Guest shall lease from Owner, the areas noted below as included within the property known as “Casa Beidisia” located at Ranchos Estates in the Punta Mita development, Bahia de Banderas, Nayarit, Mexico 63734 (“Premises”). Areas included: Six bedrooms, six bathrooms, staff room with private bath, fitness area, living area, media room, kitchen dining area, two half-bathrooms, all outdoor areas. Areas excluded : GM
residence, any secured storage areas, mechanical or work areas of the property, any areas not specifically mentioned immediately above as included.

4. TERM: The term of the lease shall be from 1:00 pm on the Arrival Date until noon on the Departure Date (both as noted above) at which time the term shall expire without further notice. Any holding over thereafter without Owner’s written approval shall result in Guest being liable to Owner for rental damages at the fair value of $15,000 US per day which will be due and payable immediately.

5. USE: The use of the premises shall be restricted to residential use for a leisure vacation. The Premises shall not be used for commercial purposes without the express written authorization of Owner. Furthermore, Guest shall not violate any criminal or civil law, ordinance or statues in the use and occupancy of the Premises, commit waste or nuisance, annoy, molest or interfere with any neighbor or other occupant of Punta Mita or violate the rules and regulations of the Ranchos Estates. Any such action may result in the immediate termination of this Agreement as provided herein and by law. Guest shall do no repairs, decorating or alterations.

6. OCCUPANCY: The Premises shall only be occupied by Guest and Guest’s family unless otherwise noted herein:________________________________________________________________________________ ______ Without the written authorization of owner, separate from the staff of owner, there shall be no more than 12 adults, or a total of 15 persons including children under the age of 12, shall be permitted to sleep over night at the Premises (“Maximum number of guests”). If Guest hosts more than the Maximum Number of Guests, Owner shall have the option to either (a) immediately terminate the rental with no refund of rental fee to Guest or (b) charge Guest an additional rental fee of $1000 per additional person per the applicable days.

7. DEPOSITS AND RENT: All payments to Owner for Rent and Deposits shall be made to Owner via wire per the instructions noted above. Upon execution of this Agreement, Guest shall pay to Owner the Initial Deposit. Ninety days (90) days prior to the Arrival Date and Time, Guest shall pay to Owner the Final Deposit, and the Security Deposit. At the time the applicable deposit is received, it shall be deemed prepaid Rent and earned by Owner. Owner may use the Security Deposit to pay any Rent not covered by the Deposits, to pay or reimburse Owner for any costs to the Premises caused by Guest or the family members of invitees of Guest (collectively, “Guest’s Invitees”) and restoring the Premises to the condition in which Guest is required to surrender the Premises at the end of the term of the Rental. Owner shall mail a check to Guest reflecting the unused portion of the Security Deposit, if any, with the latter of (a) thirty (30) days or Guest’s vacating the Premises, or (b) ten (10) business days after Owner’s receipt of the Tel Mex bill applicable to Guest’s stay.

8. CANCELLATION: The Initial Deposit and Final Deposit are non-refundable to Guest upon Owner’s receipt of such deposits. If Guest provides written notice to Owner of its election to terminate the Agreement, and Owner succeeds in securing a replacement guest for the same rental period as the dates noted in this Agreement, then Owner will refund the Security Deposit to Guest plus any of the other deposits received from the Guest to the extent that Owner receives rental payments from a replacement guest during the applicable period.

9. SERVICES AND GOODS PROVIDED BY OWNER: During the term of the Rental, Owner shall provide the following to the extent they are available:
a. Staff, including a general manager, an onsite caretaker/driver/bartender, chef for lunch and dinner, cook for breakfast, maids, landscaping.
b. Transportation to and from the airport in an SUV.
c. Use of 38 ft. Grady White boat with licensed captain.

Owner agrees to have the property well maintained and to make any needed repairs not caused by Guest or Guest’s Invitees in a timely fashion. Additionally, Owner shall supply utilities, to the extent they are available from the applicable utility – water, electricity and gas for its operation, DSL service (Mexican equivalent) and local calls.

10. REIMBURSEMENT OF COSTS: Aside from the Services and Goods provided by Owner as noted above, Guest shall be required to pay immediately upon Owner’s request for any and all costs and services ordered and/or used by Guest, including, but not limited to, the following: food and beverage, supplies, entertainment, long distance calls, DHL service, massage and spa services, gasoline for additional trips in owner provided automobile (to be driven only by owner’s driver, driver to be provided at no additional charge), costs to repair, replace or rebuild any portion of the premises or its fixtures, furniture and equipment which are damaged by Guest or Guest’s Invitees. Any goods, services, and amenities contracted for or purchased outside of the Premises (e.g. the Four Seasons Resort, nearby restaurants, etc.) shall be paid for directly via Guest’s own credit card, etc.

11. NOTICES: Notices shall be deliverable to Owner and Guest at the addresses noted below. Any notice required or permitted to be given under this Agreement shall be deemed given and received (1) when personally delivered, (2) the next day following the deposit of such notice with a commercial airfreight delivery service under circumstances where next day delivery is requested or is standard, or (3) upon transmission when sent by electronic transmitting device (provided that a copy of such notice shall also be deposited the same day with an overnight delivery service as noted in (2) above.
Owner: Cynthia Sewell Beidisia Holding LLC Phone: (650) 207-3949 Fax: (650) 328-8046 Guest:
Name:
Address:

12. DELAY IN TENDER OF POSSESSION: Although Owner will make every effort to have the Premises ready for Guest’s occupancy at the beginning of the term of the Rental, it may not be possible to do so for reasons beyond Owner’s control (such as where a prior guest has not vacated the Premises at the expiration of term of such other guest’s rental). If Owner cannot deliver possession of the Premises when required to under this Agreement, Owner shall promptly refund to Guest the Rent for the applicable period during which the Premises are not available to Guest and shall also pay to Guest, as Guest’s sole and exclusive remedy and in lieu of any claim for damages, costs or expenses, a liquidated damage fee equal to $2,000 per day for each day during the term of the Rental that the Premises are not available to Guest (up to the maximum amount equal to $2000 multiplied by the number of days of the term of this Rental).

13. PARKING: Guest shall use only those parking spaces designated for their use by Owner.

14. WAIVER OF LIABILITY: Guest hereby waives any and all claims, actions, demands, damages, liabilities, losses, costs or expenses against Owner and Owner’s agents, representatives and owners, for any injury to persons or property or from theft that may occur during the occupancy of the property. Such agreement shall survive the termination of this Agreement or expiration of the term.

15. PETS: Guest agrees not to have any animals at the Property without the written permission of Owner.

16. DEFAULT: If Guest shall fail to pay any deposit, rent or cost when due, or perform any term hereof, after not less than three (3) days written notice of such default given in the manner noted above, Owner, at its option, may terminate all rights of Guest hereunder, unless Guest, within said time, shall cure such default. In the case of Guest violating the Use provisions noted above, Guest shall immediately desist in such violation or be subject, at Owner’s option, to immediate eviction from the Premises and termination of any rights under this Agreement.

17. IN EVENT OF SALE: In the event that Owner sells its interest in the Premises (or enters into an agreement to do so), Owner or the future owner shall have the right to terminate this Agreement provided it provides to Guest written notice of its election to so terminate this Agreement no less than one hundred and eighty (180) days prior to Arrival Date. In the event of such termination, a check for the full refund of deposits paid by Guest to Owner shall accompany the termination notice. Owner represents that the Property is not being marketed for sale as of the date Owner executed this Agreement.

18. MISCELLANEOUS:
a. Both parties agree that the execution of this Agreement or any written documents, which may follow from it, can be made by each party signing individually in counterparts and transmitted by way of fax or email.
b. Owner may enter the property at a time prearranged with the Guest during the Term of this Agreement to inspect the Premises to determine whether the terms of this Agreement are being observed.
c. No portion of the Premises shall be sublet nor this Agreement assigned.
d. Guest acknowledges that within the Punta Mita Development there is construction work being carried out at many properties and over which the Owner has no control; therefore Guest waives any and all claims, actions, demands, damages, liabilities, losses, costs or expenses against Owner and Owner’s agents, representatives and owners, for any injury to persons or property resulting from, and agrees to hold harmless Owner and Owner’s agents, representatives and owners, from any and all responsibilities which may arise, out of or in connection with such construction work.
e. This Agreement constitutes the entire agreement between the parties and cannot be modified except in writing and signed by all the parties. Owner nor an agent or employee of Owner has not made any representations or promises other than those set forth herein.
f. This Agreement shall be governed by, and construed in accordance with the laws of the United Mexican States. Any dispute, controversy or claim arising from, or relating to, this Agreement shall be resolved under the laws, and I the courts of the jurisdiction of the State of Nayarit, United Mexican States. The parties hereby waive the right to any other venue to which they may be entitled now or in the future, due to nationality, domicile or for any other reason.
g. After the term of this Agreement has expired, Owner may consider any property of Guest left on the premises to be abandoned and may dispose of the same in any manner determined by Owner.
h. Guest agrees that it will not discuss employment opportunities with Owner’s employees.

19. SMOKING POLICY: Smoking is prohibited in inside spaces. Smoking is only allowed in outdoor areas, terraces, balconies and pool.

IN WITNESS WHEREOF, Owner and Guest hereby execute this Agreement. OWNER:

Beidisia Holding, LLC
By: Cynthia Sewell, Manager
Cynthia Sewell
Date: ___________________________________

GUEST:
Date: _______________________________________

 

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