RENTAL AGREEMENT
RENTAL AGREEMENTS ARE PLACED IN THE PROGRAM BY UNIT TYPE ON A FIRST-RECEIVED
BASIS
UNIT WEEK RENTAL AGREEMENT
ASSIGNMENT AGREEMENT
AGREEMENT NO.____________
Owner's full name:_________________________________________________________
Co-owner's full name:___________________________________________________________
Social Security No._______________________
Co-owner's SSN:________________________
Street Address:_________________________________________________________
City, State, Zip:_______________________________________________________
.
Home Telephone:___________________________________
Work Telephone:_________________________________________
Deeded Unit No.__________ Week No._________
ASSIGNMENT TO HOTEL RENTAL PROGRAM
For the consideration described herein, the undersigned Owner hereby grants
and assigns to Daytona Americano Management Co., Inc. a Florida Corporation, (hereinafter
the "Hotel Operator"). The right to use Owner's week(s)for a hotel rental program.
("hotel program"), operated by the Hotel Operator at the Americano Beach Lodge
Resort, 1260 North Atlantic Avenue, Daytona Beach, Florida 32118, wherein owner's
unit week(s), together with unit week(s) assigned the Hotel Operator by other
owners are pooled together and represent the Hotel Operators hotel facilities
and offered for rent by the Hotel Operator to transient hootel guests on a nightly
or weekly basis. The terms and coditions of this program are more specifically
set forth in Exhibit A, attached hereto, and incorporated by reference herein.
CONSIDERATION
As Full consideration hereof, the Hotel Operator agrees to use its reasonable
efforts to solicit rentals of unit weeks assigned to the Hotel Operator on a retail
and/or wholesale basis. For each of Owner's unit week(s), or nightly poriton therof,
that is rented by the Hotel Operator, the Hotel Operator agrees to pay the onwer
70% of the gross rental received, as defined in Exhibit A, collected by the Hotel
Operator from such rental as full payment for the assignment herein. The Hotel
Operator shall reconcile its rental receipts on a calendar month basis and any
payments due Owner hereunder shall be paid within 30 days from such reconciliation
and collection of rental charges from such rental.
TERM & OWNER'S USE OF UNIT WEEK(S)
This assignment shall apply to the new available use period of Owner's
unit week(s) and shall be automatically renewe for consecutive use periods provided
however, that should Owner desire to use his or her unit week(s), or any other
portion thereof, Owner may telephone or write the Hotel Operator of such desire
and if the Hotel Operator agrees to forgo this assignment for the period desired
to be used by the Owner, the Owner may utilize this week. Either party may cancel
this agreement altoghther by providing the other with notice of same at least
45 dyas prior to the next available use period.
IN WITNESS WHEREOF
Owner and Hotel Operator have executed this agreement for the dates below
and agree to the provisions printed on the face and reverse side hereof.
_________________________________________
OWNER / DATE SIGNED BY OWNER
_________________________________________
CO-OWNER / DATE SIGNED BY CO-OWNER
_________________________________________
HOTEL OPERATOR / DATE SIGNED BY HOTEL OPERATOR
EXHIBIT A
UNIT WEEK(S) This agreement applies to all unit week periods which
are recorded in Owner's name at Americano Beach Lodge Resort, A Condominium, as
described by a certain amended Declaration of Condominium for same as recorded
in the Public Records of Volusia Count, Florida. Hotel Operator may only on the
listing of same ownership transfer. If any of the unit weeks are "flex-time unit
weeks", the Hotel Operator may make reservations.
RENTAL RATES & PROGRAMS The Hotel Operator shall have the sole
authority to determine rental rates, policies, unit assignments, terms and conditions
related to the hotel rental program as the Hotel Operator deems necessary. Owner
agrees that all advertising and promotional materials developed by the Hotel Operator
as well as any business relaitonships between the Hotel Operator and any of its
rental customers or operators, travel wholesalers, travel agents, or franchises
is and shall remain the proprietary property of the Hotel Operator and that Owner
shall not interfere with same or use same for commerical gain or advantage.
GROSS RENTAL RECEIVED The term "gross rental received" shall mean
the actual amount collected by the Hotel Operator from the rental of any night
of a unit week period assigned by Owner hereunder, exclusively of any poriton
thereof which is due any travel agent, tour operator, travel wholesaler, or other
rental procuring source and any discount fees paid to bankds for credit card usage.
If the Hotel Operator did not collect any rent for Owner's unit weeks then no
monies shall be due Owner. Owner's payment is based on all rental received and
collected by the Hotel Operator. Incidential charges for telephone use, restaurant
charges, atraction tickets, or advance deposit payments and any other charge other
than the actual rental charge mya not be construed as being part of gross rental.
INDEMNIFICATION Owner hereby grants the Hotel Operator and its agents
right to any liability insurance policy coverage available to Owner in reference
to the unit week(s) owned. Owner hereby holds the Hotel Operator harmless from
any claim for damages or costs related to this agreement or use of Owner's unit
week period which is not the result of gross negligence of the Hotel Operator.
Hotel Operator hereby holds Owner harmless from any claims resulting from Hotel
Operator's marketing promotions or claims, provided however that if Owner should
terminate this agreement. Owner agrees to honor any advance reservaitons for use
of Owner's unit week(s) which may be outstanding at such time and indemnifies
the Hotel Operator from any laws for failure to honor same.
BONUS TIME Hotel Operator rental programs or Developer Programs,
such as bonus time or other room discounts, shall not be rented for any owner
pursuant to this agreement.
INCOME FILING The Hotel Operator shall provide to Owner annually
a Form 1099 and summary sheet of all income derived of the unit subject to this
Agreement.
OTHER PARTIES Owner hereby agrees that this agreement is solely
by and between the Owner and the Hotel Operator and neither RWA Associates Inc.
nor Americano Beach Lodge Resort Condominium Association are involved in any way
with this agreement or the rental or non-rental of Owner's unit week(s) and hereby
fully releases any and indemnifiers and holds them harmless from any claim whatsoever
related to this agreement or the operation therof.
MISELLANEOUS As the context may require, whenever used, the singular
shall also include the plural, and the plural shall also include the singular.
It is explicily understood and agreed by all parties that in no manner, expressed
or implied, does the Hotel Operator or any other party, warrant or predict the
amount, if any of rental or payment due Owner hereunder. Owner agrees that this
transaciton is not a security transaction and shall be construed and governed
in accordance with Florida Law and that venue for any legal on that may arise
from or out of this agreement shall take place in courts located it the State
of Florida. Owner warrants that Owner did not acquire such unit week(s) based
on any rental investment return. For all purposes. Hotel Operator shall be construed
as a lessee of the unit week(s) and operator or principal of its hotel operation
not as an agent of or representative of, the Owner. Either party may assign this
agreement or proceeds under effective upon written notice to the other.
ADDENDUM TO OWNER RENTAL AGREEMENT
In an effort to better our rental program, and get you (the Owner), some relief
on our maintenance fees, we would like to offer some ideas pertaining to the rental
of your unit.
- Partial Rental of Week - By agreeing to a partial rental, you are
making your unit available to more consumers. (This is done with no compensation
for the remainder of days not rented.)
- Rental to Cover Maintenance Fees - By agreeing to maintenance fee
coverage, you may receive a partial rental, however total monies charged
per night will equal the monies you have paid out in maintenance fees for
the current year. (This is done with no compensation for the remainder of
days not rented.)
- Partial Maintenance Fee Coverage - By accepting partial maintenance
fee coverage; you accept enough monies to cover partial maintenance fees
paid in the current year. (This is done with no compensation for the remainder
of days not rented.)
- Full Week Rental - By accepting a ful week rental only, you are
releasing your week for the full (7 - day) rental, at the rack rate pertaining
to your size unit. Doing this may limit the amount of inquiries we may receive
pertaining to the requirements you have agreed to.
Units are rented on a first come first serve basis. Reguardless of which option
you choose, every attempt will first be made to rent the full week. The sooner
you turn in your rental agreement, the greater the chances are that it will rent.
Turning in rental agreements after June may result in unsuccessful rental.
ONLY
______I agree to a full (7 - day) rental only.
OR
______I agree to a partial rental of my unit.
______I agree to enough rental monies to cover my maintenance fees for the current
year.
______I agree to a partial amount of maintenance fee coverage.
(You may choose more than one option to maximize your rental chances.)
*Please remember that maintenance fees for the current year must be paid in full
before we may consider your unit for the rental program. Also please note that
you must renew your rental agreement every year.