KONA BEACH HOME
RENTAL AGREEMENT
1. LANDLORD: The Landlord is doing business in Hawai’i as KONA BEACH HOME. The Landlord’s agent is Geri Smith, whose business address is 7343 El Camino Real, Suite 202, Atascadero, CA 93422. The Landlord’s business telephone number is 800-662-6221 (toll free), 805-801-8541 (daytime/cell), or 805-703-3396/805-214-6124. The Landlord’s facsimile transmission number is 805-461-1556.
2. TENANT: The Tenant(s) shall be the person(s) whose name(s) and address(es) appear at the end of this Agreement. In the event that Tenant(s) allows any person not identified herein as a Tenant to occupy the premises during the Term of Occupancy, then such person shall be deemed to be a guest of the Tenant.
3. NO SUBTENANCY: Tenant(s) shall not permit or allow any other person(s) to sublet the Premises or replace him/her as the Tenant(s) without the express, written consent of the Landlord.
4. PREMISES: The condominium unit located at 76-6204 Ali’i Drive, Unit #1, Kailua-Kona, Hawai’i shall constitute the Premises referred to in this Agreement. The owners of the premises are Charles Smith and Geri Rhodes-Smith, all of whom can be contacted at the address and telephone numbers listed in paragraph 1, above.
5. TERM OF OCCUPANCY: The Term of Occupancy during which Tenant(s) shall have the right to occupy the Premises from the Arrival Date, ________________ to the Departure Date, _ _______________.
6. CHECK-IN/CHECK-OUT TIMES: In the event that Tenant(s) shall be arriving on the same date that the most recent previous Tenant is departing, then the Check-In Time shall be 4:00 p.m. In the event that Tenant(s) shall be arriving on a date that is one or more days after the most recent previous Tenant has departed, then the Check-In Time shall be 10:00 a.m. In all cases, the Check-Out Time shall be 11:00 a.m.
7. HOLD OVER TENANCY: In the event Tenant(s) continues to occupy the Premises without the express, written consent of the Landlord after the date stated in paragraph 5, above, then Tenant(s) shall be deemed a hold over Tenant(s) and shall be liable to Landlord for daily rent at double the daily rental rate stated in paragraph 8, below and shall further be liable for all other damages and penalties permitted by law.
8. RENT: The rental rate is $________ per night. In addition, Tenant shall pay a one-time cleaning fee of $200.00. All Rent, the one-time cleaning fee and all applicable taxes shall be due and payable in full not less than 90 (Ninety) days in advance of the Arrival Date. (Tenant(s) shall be charged the most current Hawai’i General Excise Tax and the Hawai’i Transient Accommodation Tax on Rent and all other amounts payable hereunder.)
9. DEPOSIT: Tenant(s) shall pay a deposit of $300.00 in order to secure Tenant’s Term of Occupancy of the Premises. Said deposit shall be fully refundable to Tenant(s) and shall be refunded to Tenant(s) not later than 15 (Fifteen) days after the Departure Date or within 5 days of the Tenant’s written Notice of Cancellation of the Agreement, provided said written Notice of Cancellation is provided to Landlord 90 (Ninety) or more days prior to the Arrival Date. However, in the event that tenant(s) cancels the reservation of the Premises within 90 (Ninety) days of the Arrival Date and prior to the payment of the Rent, then Landlord shall retain said deposit as liquidated damages. Further, in the event Tenant(s) causes any damage to or upon the Premises for which Tenant(s) is liable under this Agreement, then said Deposit shall first be applied to the repair or remediation of any such damages and the balance, if any, shall then be returned to Tenant(s). In the event Landlord makes any such application of the Deposit, then Landlord shall notify Tenant(s) in writing and shall provide Tenant(s) with written verification of the cost of the repairs or remediation.
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Tenant Landlord
Initials Initials
10: CANCELLATION POLICY: In the event Tenant(s) cancels this Agreement after payment of all or a portion of the Rent as defined in paragraph 8, above, then Tenant(s) shall be entitled to and shall receive credit for such payments to be applied to the Tenant(s) next Term of Occupancy. Said credit shall be available to Tenant(s) for a period of 5 (Five) years following such cancellation. Landlord shall use its best efforts to rent the Premises to a new Tenant during Tenant(s) Term of Occupancy. In the event Landlord is able to rent the Premises to a new Tenant for all or any portion of the Term of Tenancy, then Landlord shall refund to Tenant all payments made by Tenant(s) to Tenant(s) on a pro rata basis. Tenant’s credit against future rent shall be reduced by the amount of any refund to Tenant. All Notices of Cancellation shall be in writing in accordance with the provisions of paragraph 11, below.
11. NOTICES: All Notices shall be in writing and may be sent by U.S. Mail, private delivery service, e-mail or facsimile transmission. If sent by U.S. Mail or private delivery service, Notice shall be deemed to have been given on the date received by the other party. If sent by e-mail or facsimile transmission, Notice shall be deemed to have been given on the date sent. It shall be the obligation of a party giving Notice by e-mail or facsimile transmission to verify such transmission and receipt.
12. LOCAL AGENT: Pursuant to Hawai’i Revised Statutes §521-43(f), Tenant(s) is hereby notified that Delia Hernandez is the Landlord’s Local Agent in Kailua-Kona and may be contacted directly by Tenant(s) during the Term of Occupancy regarding any issues concerning the Premises.
13. USE OF PREMISES: Tenant(s) shall use the Premises solely for residential purposes. Tenant(s) shall not have more than two guests per Tenant upon the Premises at any one time. Tenant(s) shall not use or permit the use of the Premises for any commercial purpose. Without limitation, Tenant(s) shall not use the Premises in connection with the making of any commercial film, photography, advertising or promotional event. Tenant(s) shall not use or permit upon the Premises any illegal activity. Tenant(s) shall not use the Premises for any purpose that is offensive or is a nuisance to neighboring homeowners or which disturbs the peace and enjoyment of the neighborhood in which the Premises are located.
14. NO SMOKING: Tenant(s) shall not smoke nor permit any guest to smoke anywhere indoors upon the Premises or on the outside lanais.
15. CONDITION OF PREMISES: Tenant(s) shall at all times keep the Premises and all furnishings in good, clean, safe and attractive condition and shall surrender the
Premises and all furnishings to Landlord in the same condition as upon the Arrival Date, normal wear and tear excepted.
16. NO PETS: Tenant(s) shall not keep or permit the keeping of any pet or animal upon the Premises at any time.
17. UTILITIES AND AMENITIES: Landlord shall provide local telephone service and electrical, water, cable television, DSL and garbage collection services at no cost to Tenant(s). Landlord shall provide bedding, linens, towels, washcloths, silverware, flatware, glassware, dishes and appliances at no cost to Tenant(s).
18. HOUSEKEEPING SERVICES: In the event Tenant(s) desires routine housekeeping services such as laundry, dusting and light cleaning during the Term of Occupancy, Tenant(s) shall contact the Landlord’s Local Agent to arrange for the provision of such services and shall be solely liable for the payment of such services directly to the provider.
19. NO REPRESENTATIONS: Tenant(s) accepts the Premises “As Is” without warranties or representations as to the condition thereof or any matter pertaining thereto, except to the extent required of Landlord by law. Landlord shall not be responsible for providing any security service to the Premises and makes no representations regarding any such security service.
20. RISK OF INJURY OR LOSS: Tenant(s) shall and does hereby assume all risk of personal injury or wrongful death and of loss of or damage to Tenant’s personal property on or in the Premises, arising out of or in connection with Tenant(s) use and occupancy of the Premises. Tenant(s) shall indemnify and save harmless Landlord from and against any and all damages, liability and claims for personal injury or wrongful death and any and all damages, liability and claims for loss or damage to property, except when such damage, liability or claim results from the willful or negligent acts or omissions of Landlord or Landlord’s agent. Tenant(s) shall reimburse Landlord for all of Landlord’s costs and expenses (including reasonable attorney’s fees and costs) incurred in connection with the defense of any such claim or assertion of damage or liability, except when such damage, liability or claim results from the willful or negligent acts or omissions of Landlord or Landlord’s agents. In no case shall Landlord be liable for any damages suffered by a guest of Tenant(s) and Tenant(s) shall indemnify and hold Landlord harmless from any such claim.
21. NO LIENS OR CHARGES: Tenant(s) shall not at any time commit or suffer any act or neglect whereby the Premises shall become subject to any attachment, lien, charge or other encumbrance whatsoever.
22. NO ASSIGNMENT: Tenant(s) shall not assign or mortgage this Agreement or any interest in this Agreement. Tenant(s) shall not sublet the whole or any part of the Premises or grant any concessions in or affecting the Premises or any part thereof.
23. ATTORNEY’S FEES: In the event Landlord is named as a party to any litigation, arbitration or mediation commenced against the Tenant(s) by any third party, which litigation, arbitration or mediation arises out of any act or omission of Tenant(s) during the Term of Occupancy, then Tenant(s) shall indemnify and hold Landlord harmless from any damages resulting therefrom and from any attorney fees and costs incurred by Landlord as a result thereof. In the event of any litigation, arbitration or mediation between Landlord and Tenant(s) arising out of this Agreement or any claimed breach thereof or Tenant’s occupancy of the Premises or interest therein, then the prevailing party shall be entitled to recover from the other party all costs and reasonable attorney’s fees incurred, except to the extent prohibited and subject to such limitations imposed by law. Tenant(s) shall pay all costs and reasonable attorney’s fees that may be incurred by Landlord in enforcing any provision of this Agreement, including without limitation the costs of collection of delinquent rent, taxes and other charges, except to the extent prohibited and subject to such limitations imposed by applicable law.
24. NO ALTERATIONS OF PREMISES: Tenant(s) shall not make any structural or other changes to or in the Premises. Tenant(s) shall not paint, change the appearance of, make any holes in or re-arrange the furniture of the Premises.
25. NO MODIFICATION EXCEPT IN WRITING: There shall be no modification or reformation of this Agreement or any term of this Agreement except in writing and signed by the party to be charged. Landlord shall have the right to give or withhold its consent or approval wherever such consent or approval is required in this Agreement or to modify this Agreement as Landlord may determine in its sole and absolute discretion.
26. NO WAIVER: It is hereby expressly agreed that the acceptance of the Rent by
Landlord or the failure of Landlord to insist upon a strict adherence to the terms of this Agreement by Tenant(s) shall not be deemed to be a waiver by Landlord of any breach by Tenant(s) of any provision of this Agreement or of Landlord’s right to terminate this Agreement for breach of covenant.
27. UNENFORCEABILITY: The unenforceability or invalidity of any provision contained in this Agreement as to any person or circumstance shall not render that provision unenforceable or invalid as to any other person or circumstance and all provisions of this Agreement shall in all other respects remain valid and enforceable.
28. JOINT AND SEVERAL LIABILITY: All agreements, covenants and conditions of this Agreement shall be binding upon each person named or otherwise herein defined as a Tenant, jointly and severally.
29. ENTIRE AGREEMENT: This writing constitutes the entire agreement between Tenant(s) and Landlord regarding Tenant(s) use and occupancy of the Kona Beach Home and this Agreement supercedes any oral or written agreements which may have preceded it.
30. CHOICE OF HAWAI’I LAW: This Agreement shall be governed by the laws of the State of Hawai’i. Any litigation, arbitration or mediation concerning this Agreement shall be brought before and resolved in the courts of the State of Hawai’i or the federal courts for the District of Hawai’i. Landlord and Tenant(s) hereby submit to the jurisdiction of Hawai’i State courts and federal courts for the district of Hawai’i regarding the enforcement and interpretation of this Agreement. Neither party shall take any action to change the venue of or remove or transfer any litigation concerning this Agreement to the courts of any other jurisdiction.
31. AUTHORITY TO CONTRACT: Each signatory hereto covenant agrees that he or she has read this Agreement, consents to all of its terms and conditions and acknowledges receipt of a copy of it. Tenant(s) declares that he or she is the agent of and has the express authority to sign for and bind all other Tenant(s) named or otherwise described herein.
32. DATE: The effective date of this Agreement shall be the date on which the Tenant’s Deposit is paid or this Agreement is signed by the Tenant(s), whichever first occurs.
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