MOUNTAIN OPERATIONS AND DEVELOPMENT
Version
1.0 02/18/2004
The
following is computer scanned from a photocopy of the paper document
distributed by the Bolton Valley Property Management that is believed to be
current and legally binding Bolton Valley Resort Exclusive Right to Rent
Agreement utilized for the Village Rental Pool agreement between Bolton Valley
and Village owner.
Due
to the poor quality of the photocopied document, many section of the document
are unreadable. Every effort was made to accurately reproduce the document by
manually correcting unreadable portions and removing erroneous artifacts in the
following scanned version.
We
continue to validate the accuracy of this scanned document and make corrections
as necessary.
Please
do not hesitate to contact me with any updates, questions or concerns.
Email
is always best,
-Kurt
Kurt Ries
127 Hardy Ave
Burlington, VT 05401
802.862.3578
itele2@yahoo.com
MOUNTAIN OPERATIONS AND DEVELOPMENT
This Agreement is entered into between
Mountain Operations and Development at Bolton Valley, Vermont hereinafter
referred to as “MOD”, and
Name: ____________________ (hereinafter referred to as
“Owner”)
Address:
_______________________________________________________________________________
_______________________________________________________________________________
Home Phone: ___________________ Work Phone: ___________________
E-Mail: ____________________
Social
Security or Tax ID Number: __________________
Owner of ____________________ in Bolton Valley, Vermont
(hereinafter referred to as “Property”)
Owner hereby grants MOD, for the period designated, the exclusive power
and authority to rent or lease the above named Property, upon the terms herein
set forth and in consideration of the acceptance by MOD and of its efforts to
secure tenants and lease for the Property; the Owner agrees to pay a
commission, as stated below on the amount of rental or lease price, whether
such rental or lease is made by MOD, or the Owner, or by any person acting for
Owner or on the Owner's behave. Rental income is defined as all income
collected by reason of the rental of the Properly and forfeited rental
deposited credited as room charge income, but does not mean any gratuity fees,
service charges, taxes, telephone charges or component activities or services.
If rental is book through a travel agent or tour operator, the “rental income”
is defined as the net income after deduction said agent or broker fee.
MOD has the right to set rental rates in order
to maximize income and occupancy. Rates vary according to the season and my be
discontinued within each season at the discretion of MOD.
Owner agrees to pay a. commission to MOD of 40% of any rental of fewer
than 30(thirty) days (short term rentals), 25% on a. rental based on the one
month rate, and 18% on rentals over 4 months. 4 months. No commission will be
charged on owner-arranged reservations for which no money is collected at the
Front Desk. On Owner referral reservations for which money is collected at the
Front Desk, whether in the Owner’s unit or another unit, the commission will be
the same as for a regular reservation and the referring Owner will receive 10%
travel agent commission. MOD reserves the right to charge the Owner a 3% fee on
credit card payments to cover processing costs and bank fees.
MOD, after collecting the aforementioned rental fees, shall forward gross rental collections, less commission, less expense for necessary purchase of repairs of Owner’s property to Owner 30 (thirty) day after the close of the month, with a statement setting forth the aforementioned adjustments. In the event that the Owner owes condominium fees, water and sewer charges, or special assessments that past due 30 (thirty) days or more, MOD shall have the right to offset the said amounts against the Owner’s rental income.
In consideration of the payment of the commission, MOD agrees to be the
rental agent for Owner, and further to provide services such as correspondence
with renters, collection of rental payments. Supply linens and maid services
following the renter’s departure, including cleaning supplies, all at the
expense of MOD.
MOD also agrees
to maintain all records, including_ rental income and tax records normally
associated with hotel room rentals. This includes collection of room meals tax
on behalf of the Owner. MOD will hold Owner harmless for failure to collect or
remit said taxes or file said returns. MOD will hold a security deposit for
each reservation in the amount equal to one days stay.
MOD agrees to inspect the Property after each use by a renter to
determine whether there has been obvious damage or pilferage. In the event that
damage or theft occurs in an amount greater than deposit, MOD is not held
liable, but will attempt to collect from the renter.
MOD shall be responsible for rental advertising, promotion, and public
relations connected with the rental of the Property. All retail advertising,
promotion and public relations shall be conducted at the sole discretion of
MOD.
MOD agrees to provide Owner with linen and amenities, and to clean the
Property after Owner’s departure, if Owner wishes to have it for occupancy of
the Property (see attached fee
schedule). If Owner wishes to have daily maid services, it will be available at
an extra charge. In the event Owner allows friends or relatives to use the
Property at no charge, MOD will also provide maid services, if requested, at an
extra charge (see attached fee schedule). This service is not applicable during
the holiday or high season periods.
If Owner wishes to reserve the Property for Owner use at any time during
the winter season, including holiday periods, Owner will notify MOD of the
dates no later than the preceding October 1st. Owner further agrees
to notify MOD no later than the preceding June 1st if Owner wishes
to use Property for Owner use any time during July and August. MOD may book
rentals for Owner’s Property and Owner may reserve time for themselves on a
space available basis after October 1st for the winter season, and
after June 1st for the summer season. If Owner wishes to reserve
Property for Owner use, including relatives or friends for any other time,
Owner will notify MOD of the dates at least one (1) month in advance.
Owner agrees to a11ow use of the Property for
promotional purposes as follows:
Three (3) days in the period of one (1) year,
or one five (5) day stay in a two (2) year period.
This may including visiting VIP’s travel
agents, travel writers and tour brokers. This is not applicable during holiday
periods. All expenses for complimentary guests shall be paid by MOD.
Dated 1his ____________________day of___________, 20 __________
This Agreement is valid for two (2) years from the above date, and shall
automatically renew unless cancelled in writing at least 30 (thirty) days prior
to expiration. This agreement is subject to termination by either party for any
reason whatsoever
on ninety (90) days notice.
This agreement may be cancelled at the
discretion of MOD if the Homeowner’s Association is not managed by Mountain
Operations and Development.
_____________________________ ____________________________
Owners
(Name on 1099) MOD
Agent
_____________________________
Co-Owner (s)