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Located on a private, level lot in prestigious Caldera Springs, this stunning NW style custom home is the perfect retreat. Life centers around the vaulted great room w/ a floor to ceiling stone fireplace & hickory floors. The kitchen is equally as inviting w/an 8 barstool island, solid granite & high end appliances. A handsome den & 2 master suites on the main level; wine cellar down; family room & 3 bedroom suites up. Enjoy golf, the pool, tennis, trails at home. Close to Mt Bachelor & the Cascade Lakes.
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5 6 6 0 6 R a v e n R o c k C i r l e
P r o p e r t y D i s c l o s u r e s
L i s t K i t
Deschutes County Property InformationReport Date: 6/8/2015 2:05:30 PM
MCDONALD, MARK & SHERYL
11735 SW LYNNRIDGE AVE
PORTLAND, OR 97225
Account Information Ownership
Mailing Address:
Map and Taxlot:
Account:
Situs Address:
Mailing Name:
Tax Status:
201108AC01500
252089
56606 RAVEN ROCK CIR, BEND, OR 97707
MCDONALD, MARK & SHERYL
Assessable
CALDERA SPRINGS PHASE ONE
Assessor Acres:
Property Taxes
Assessment
Tax Code Area:
Current Tax Year:
1098
$16,382.98
0.48
Valuation
$190,750
$1,046,450
Land
Structures
Total $1,237,200
Real Market Values as of Jan. 1, 2014
$1,155,750
$1,155,750
Maximum Assessed
Assessed Value
Veterans Exemption $0.00
Current Assessed Values:
Account Summary
Property Class: 801 -- RESORT
Warnings, Notations, and Special Assessments
Subdivision:
Block:
95Lot:
Assessor's Office Special Assessments Amount YearDEPT OF FORESTRY FIRE PATROL TIMBER 18.75 2015
DEPT OF FORESTRY SURCHARGE 47.50 2015
Review of digital records maintained by the Deschutes County Assessor’s Office, Tax Office, Finance Office, and the Community Development Department indicates that there are County tax, assessment, or property development related notations associated with this account and that have been identified above. Independent verification of the presence of additional Deschutes County tax, assessment, development, and other property related considerations is recommended. Confirmation is commonly provided by title companies, real estate agents, developers, engineering and surveying firms, and other parties who are involved in property transactions or property development. In addition, County departments may be contacted directly to discuss the information.
The information and maps presented in this report are provided for your convenience. Every reasonable effort has been made to assure the accuracy of the data and associated maps. Deschutes County makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of any of the data provided herein. Deschutes County explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. Deschutes County shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused. Deschutes County assumes no liability for any decisions made or actions taken or not taken by the user of this information or data furnished hereunder.
Disclaimer
2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 2014 - 2015Real Market Value - Land $263,580 $164,290 $156,530 $171,280 $190,750Real Market Value - Structures $961,550 $1,259,630 $1,158,860 $1,216,800 $1,046,450Total Real Market Value $1,225,130 $1,423,920 $1,315,390 $1,388,080 $1,237,200
Maximum Assessed Value $1,026,880 $1,057,680 $1,089,410 $1,122,090 $1,155,750Total Assessed Value $1,026,880 $1,057,680 $1,089,410 $1,122,090 $1,155,750Veterans Exemption $0 $0 $0 $0 $0
Valuation History All values are as of January 1 of each year. Tax year is July 1st through June 30th of each year.
Deschutes County Property Information Report, page 1
Year Date DueTransaction
TypeTransaction
Date As Of DateAmount
Received Tax DueDiscountAmount
InterestCharged
RefundInterest
2014 11-15-2014 PAYMENT 11-12-2014 11-15-2014 $15,891.49 ($16,382.98) $491.49 $0.00 $0.00
2014 11-15-2014 IMPOSED 10-13-2014 11-15-2014 $0.00 $16,382.98 $0.00 $0.00 $0.00
Total: $0.00
2013 11-15-2013 PAYMENT 11-15-2013 11-15-2013 $15,529.53 ($16,009.82) $480.29 $0.00 $0.00
2013 11-15-2013 IMPOSED 10-11-2013 11-15-2013 $0.00 $16,009.82 $0.00 $0.00 $0.00
Total: $0.00
2012 11-15-2012 PAYMENT 11-15-2012 11-15-2012 $15,241.18 ($15,712.56) $471.38 $0.00 $0.00
2012 11-15-2012 IMPOSED 10-12-2012 11-15-2012 $0.00 $15,712.56 $0.00 $0.00 $0.00
Total: $0.00
Tax Payment History
Sale Date Seller BuyerSale
Amount Sale TypeRecording Instrument
09/18/2007 MCDONALD, MARK MCDONALD, MARK & SHERYL $0 08-GRANTEE/GRANTOR ARE THE SAME 2007-51958
02/28/2006 CALDERA SPRINGS REAL ESTATE LLC, MCDONALD, MARK $389,405 26-NEW CONSTRUCTION OR
NEW PROPERTY 2006-18390
Sales History
Stat Class/Description Improvement Description Code Area Year Built Total Sq Ft
164 - RESIDENCE: Two story with basement SQ FT PER PLANS. INTERIOR BEST ESTIMATE. 1098 2007 5,127
Floor Description Sq Ft Type of HeatingFIRST FLOOR 3,403 HEAT PUMP
Rooms Inventory
Structures
Deschutes County Property Information Report, page 2 (For Report Disclaimer see page 1)
KITCHENS 1
NOOKS 1
BEDROOMS 2
BATHROOMS 2.5
FIREPLACES 3
UTILITY ROOMS 1
DENS 1
LAVATORY 7
TOILET 5
BATHTUB W/TILE SHWR 2
SHOWER WDOOR, TILE 2
JET TUB 1
FOUNDATION - CONCRETE 3,403
SIDING - LAP 1
WINDOWS - WOOD 1WINDOWS - DOUBLE/THERMAL PANE 1
WINDOWS - BAY 1
ROOF - GABLE-HIP 1
ROOF CVR - COMP HEAVY 3,403
SIDING - STONE TRIM 1
SEE-THROUGH FIREPLACE 1
RAISED HEARTH 1
GAS FIREPLACE 2
1 STORY OUTSIDE BRICK 1
HEAT PUMP 3,403
BEAMED CEILING 1
VAULTED CEILING 1
HARDWOOD FLOOR 1
TILE FLOOR 1
CARPET 1
DRYWALL 1
RECESSED LIGHTING 1
KITCHEN SINK 1
COOKTOP 1
DOUBLE OVEN W/MICWV 1
HF/DW/GD 1
SPA 8X8X3 1
LAUNDRY TUB 1
WATER HEATER 1
Floor Description Sq Ft Type of HeatingSECOND FLOOR 1,484 HEAT PUMP
Rooms InventoryBEDROOMS 3
BONUS ROOMS 1
HEAT PUMP 742
Floor Description Sq Ft Type of HeatingBASEMENT 240 HEAT PUMP
Rooms InventoryOTHER ROOMS 1 HEAT PUMP 120
Floor Description Sq Ft Type of HeatingGARAGE 1,200
Rooms InventoryAUTOMATIC DOOR OPENER 3 COMP HVY - ROOF COVER 1,200
Accessory Description Sq Ft QuantityDECK-AVERAGE 1,062
CONCRETE-PAVING 228
ASPHALT-PAVING 1,989
PAVERS 700
ROOF EXT. GOOD 452
Land CharacteristicsLand Description Acres Land ClassificationRESORT 0.48
Ownership
Name Type Name Ownership TypeOwnership Percentage
OWNER MCDONALD, MARK OWNER
OWNER MCDONALD, SHERYL OWNER
Related accounts apply to a property that may be on one map and tax lot but due to billing have more than one account. This occurs when a property is in multiple tax code areas. In other cases there may be business personal property or a manufactured home on this property that is not in the same ownership as the land.
Related Accounts
Deschutes County Property Information Report, page 3 (For Report Disclaimer see page 1)
No Related Accounts found.
Category Name Phone AddressCOUNTY SERVICES DESCHUTES COUNTY (541) 388-6570 1300 NW WALL ST, BEND, OR 97701
CITY SERVICES UNINCORPORATED DESCHUTES COUNTY (541) 388-6570 1300 NW WALL ST, BEND, OR 97701
POLICE SERVICES DESCHUTES COUNTY SHERIFF'S OFFICE (541) 693-6911 63333 HIGHWAY 20 WEST, BEND, OR 97701
FIRE DISTRICT LA PINE RURAL FIRE PROTECTION DISTRICT (541) 536-2935 51590 HUNTINGTON RD, LA PINE, OR 97739
SCHOOL DISTRICT BEND - LA PINE SCHOOL DISTRICT (541) 355-1000 520 NW WALL ST, BEND, OR 97701ELEMENTARY SCHOOL ATTENDANCE AREA THREE RIVERS K-8 SCHOOL (541) 355-3000 56900 ENTERPRISE DR, SUNRIVER, OR 97707
MIDDLE SCHOOL ATTENDANCE AREA THREE RIVERS K-8 SCHOOL (541) 355-3000 56900 ENTERPRISE DR, SUNRIVER, OR 97707
EDUCATION SERVICE TAX DISTRICT
HIGH DESERT EDUCATION SERVICE DISTRICT (541) 693-5600 145 SE SALMON AVE, REDMOND, OR 97756
COLLEGE TAX DISTRICT CENTRAL OREGON COMMUNITY COLLEGE (541) 383-7700 2600 NW COLLEGE WAY, BEND, OR 97701
LIBRARY DISTRICT DESCHUTES PUBLIC LIBRARY (541) 312-1080 56855 VENTURE LN, SUNRIVER, OR 97707
WATER SERVICE PROVIDER SUNRIVER WATER LLC , GARBAGE & RECYCLING SERVICE
WILDERNESS GARBAGE & RECYCLING SERVICE (541) 536-1194 51420 RUSSEL RD, LA PINE, OR 97739
Service Providers Please contact districts to confirm.
County Zone DescriptionF2 FOREST USE 2
AS AIRPORT SAFETY COMBINING ZONE
DR DESTINATION RESORT COMBINING ZONE
WA WILDLIFE AREA COMBINING ZONE
County Development Details
Wetland (National or Local):
Conservation Easement:
TDC/PRC Restrictive Covenant:
Legal Lot of Record:
FEMA 100 Year Flood Plain:
Not Within a Mapped Wetland
No Conservation Easement Recorded
No TDC/PRC Restrictive Covenant Found
Yes
Not Within 100 Year Flood Plain
Ground Snow Load: 50 #/sq. ft.
Deschutes County Permits
Permit ID Permit Type Applicant Application Date Status247-B65323 Building MCDONALD,MARK 06/01/2007 Finaled
247-E96733 Electrical MCDONALD,MARK 06/01/2007 Expired
247-E97116 Electrical MCDONALD,MARK 06/01/2007 Finaled
247-E97117 Electrical MCDONALD,MARK 06/01/2007 Finaled
247-M39055 Mechanical MCDONALD,MARK 06/01/2007 Finaled
247-P32910 Plumbing MCDONALD,MARK 06/01/2007 Finaled
Development SummaryPlanning Jursidiction:
Urban Reserve Area:
Urban Growth Boundary:
Deschutes County
No
No
Deschutes County Property Information Report, page 4 (For Report Disclaimer see page 1)
6/8/2015 2:05:27 PM
Tax Account #Account StatusRoll TypeSitus Address
LenderLoan #Property IDInterest To
252089ActiveReal Property56606 RAVEN ROCK CIR, BEND 97707
Washington Federal Savings9451903636707 1098 201108-AC-01500Jun 08, 2015
MCDONALD, MARK & SHERYL11735 SW LYNNRIDGE AVEPORTLAND, OR 97225
TaxYear
TaxType
TotalDue
CurrentDue
InterestDue
DiscountAvailable
OriginalDue
DueDate
Tax Summary
2014 ADVALOREM 0.00 0.00 0.00 0.00 16,382.98 Nov 15, 20142013 ADVALOREM 0.00 0.00 0.00 0.00 16,009.82 Nov 15, 20132012 ADVALOREM 0.00 0.00 0.00 0.00 15,712.56 Nov 15, 20122011 ADVALOREM 0.00 0.00 0.00 0.00 15,322.01 Nov 15, 20112010 ADVALOREM 0.00 0.00 0.00 0.00 15,099.77 Nov 15, 20102009 ADVALOREM 0.00 0.00 0.00 0.00 14,563.13 Nov 15, 20092008 ADVALOREM 0.00 0.00 0.00 0.00 5,850.25 Nov 15, 20082007 ADVALOREM 0.00 0.00 0.00 0.00 2,338.92 Nov 15, 20072006 ADVALOREM 0.00 0.00 0.00 0.00 26.24 Nov 15, 2006
0.00 0.00 0.00 0.00Total
Statement of Tax AccountDESCHUTES COUNTY TAX COLLECTOR
DESCHUTES SERVICES BUILDINGBEND OR 97701(541) 388-6540
Page 1 of 1Deschutes County Property Information Report, page 5 (For Report Disclaimer see page 1)
REAL PROPERTY TAX STATEMENTJULY 1, 2014 TO JUNE 30, 2015
DESCHUTES COUNTY, OREGON1300 NW WALL ST., SUITE 200
BEND OR 97701
252089ACCOUNT NO:
PAYMENT OPTIONS
MCDONALD, MARK & SHERYL11735 SW LYNNRIDGE AVEPORTLAND, OR 97225
56606 RAVEN ROCK CIR BENDSITUS:
MAP: 201108-AC-01500CODE: 1098
VALUES:
REAL MARKET (RMV)
LAND
STRUCTURES
TOTAL RMV
TOTAL ASSESSED VALUE
EXEMPTIONS
NET TAXABLE:
TOTAL PROPERTY TAX:
LAST YEAR THIS YEAR
171,280
1,216,800
1,388,080
190,750
1,046,450
1,237,200
1,122,090
0
1,122,090
16,009.82
1,155,750
0
1,155,750
16,382.98
This is your copy and not a bill if your mortgage company is responsible for paying
your taxes. This statement was sent to: Washington Federal Savings
Lender Reference #: 9451903636707
TAX QUESTIONS
ASSESSMENT QUESTIONS
(541) 388-6540
(541) 388-6508
15,891.49TOTAL DUE (After Discount and Pre-payments)
Date Due 3% Option 2% Option Trimester Option
11/17/1402/17/1505/15/15
Total
10,703.55 5,461.005,460.99
5,460.99 5,460.9916,164.54 16,382.98
Tear Here Tear HerePLEASE RETURN THIS PORTION WITH YOUR PAYMENT
2014 2015 PROPERTY TAXES- DESCHUTES COUNTY REAL ACCOUNT NO. 252089
PAYMENT OPTIONS Discount Date Due Amount Date Due Date DueAmount AmountFull Payment Enclosed
or 2/3 Payment Enclosed
or 1/3 Payment Enclosed
3%
2%
0%
11/17/14
11/17/14
11/17/1402/17/15
05/15/15
05/15/15 5,461.005,460.995,460.99
10,703.555,460.99
DISCOUNT IS LOST & INTEREST APPLIES AFTER DUE DATE Mailing address change on backEnter Payment Amount
$
MCDONALD, MARK & SHERYL11735 SW LYNNRIDGE AVEPORTLAND, OR 97225
MAKE PAYMENT TO:
DESCHUTES COUNTY TAX COLLECTOR
09100002520890000546100000107035500015891499
3645 - 000562 - 1589149
16,382.98-2014 2015 TAX ( Before Discount )
LEGAL: CALDERA SPRINGS PHASE ONE 95
PROPERTY DESCRIPTION
CLASS: 801
15,891.49
15,891.49
15,891.49
1,155,750MAXIMUM ASSESSED VALUE 1,122,090
SCHOOL DISTRICT #1 5,376.98HIGH DESERT ESD 108.80C O C C 700.22EDUCATION TOTAL: 6,186.00
DESCHUTES COUNTY 1,477.40COUNTY LIBRARY 635.66COUNTYWIDE LAW ENFORCEMENT 1,097.96RURAL LAW ENFORCEMENT 1,618.05COUNTY EXTENSION/4H 25.899-1-1 187.009-1-1 LOCAL OPTION 2013 231.15LAPINE RURAL FIRE DISTRICT 1,779.51LAPINE RURAL FIRE 5 YR LOCAL OPTION 739.68LAPINE RURAL FIRE 10YR LOCAL OPTION 265.82GENERAL GOVT TOTAL: 8,058.12
FAIRGROUNDS BOND 159.15SUNRIVER LIBRARY 58.83DEPT OF FORESTRY FIRE PATROL 66.25SCHOOL #1 BOND 1998 302.58SCHOOL #1 BOND 2002 244.67SCHOOL #1 BOND 2007 841.73SCHOOL #1 BOND 2013 327.42C O C C BOND 138.23BONDS - OTHER TOTAL: 2,138.86
Deschutes County Property Information Report, page 6 (For Report Disclaimer see page 1)
M a p s
Deschutes County Property Information Report, page 7 (For Report Disclaimer see page 1)
Deschutes County GIS
Deschutes County Property Information - DialRoad Map
Map and Taxlot: 201108AC01500
Deschutes County Property Information Report, page 8 (For Report Disclaimer see page 1)Deschutes County Property Information Report, page 8 (For Report Disclaimer see page 1)
R e n t a l A g r e e m e n t
1 of 13 – VACATION RENTAL MANAGEMENT AGREEMENT {08448006‐00399440;4}
_________ Owner Initials
Dear Property Owner, Thank you for your interest in becoming a vacation rental “partner” with Bennington Properties, LLC. We have worked hard and long to design an agreement that balances both our needs as a business with your needs as a property owner. However, as with any legal document, there are often questions that arise. If, at anytime, you have questions or comments please call or email me. We look forward to partnering with you. Sincerely, Robert W. Bennington, CEO, Owner [email protected] Cell: 541‐948‐0214 Instructions for completing the Vacation Rental Management Agreement:
1. ____ Vacation Rental Management Agreement a. Enter the date that the agreement will become effective (i.e., when do you want to join
our program?) b. Enter name of owner (the name(s) on deed) c. Enter property address (e.g., 23 Diamond Peak, Sunriver, OR) d. Initial each page e. Sign document
2. ____ Schedule 1.1 ‐ Description of Services Initial each page
3. ____ Schedule 2.1 ‐ Housekeeping Services Initial each page
4. ____ Schedule 3.2 ‐ Furnishings Initial each page
5. ____ Schedule 4.1 ‐ Compensation Schedule Initial each page
6. ____ Schedule 5.1 ‐ Basic Guest & Owner Services Plan Initial each page
7. ____ Schedule 6.2 ‐ General Information Complete
8. ____ Schedule 7.1 ‐ Owner Guest Referral Program Initial each page
9. ____ Bike Usage Agreement Complete
10. ____ Direct Deposit/ACH Form Complete
11. ____ Form W‐9 Complete
12. ____ Add “Bennington Properties, LLC” as Additionally Insured. Complete
13. ____ Liability Insurance Supplement Review
14. ____ Electronic Lock Supplement Review
15. ____ Dog Loving Vacation Rental ™ Supplement Review
16. ____ Bike Leasing Supplement Review
Once completed in full, a copy of this agreement with its attachments will be sent back to you for your record
2 of 13 – VACATION RENTAL MANAGEMENT AGREEMENT {08448006‐00399440;4}
_________ Owner Initials
This Vacation Rental Management Agreement (this “Agreement”) is made and entered into effective for all purposes as of _______________, 20_____ (the “Effective Date”) between Bennington Properties, LLC, an Oregon limited liability company (“Company”), and _______________________________________________________________________ (“Owner”).
RECITALS: A. Owner is the fee simple owner of that certain house, condominium unit, duplex, townhome, or other residential dwelling unit (and all improvements located thereon) located at ___________________________________ (the “Real Property”). B. Company is in the business of managing short‐term transient rental properties. Subject to the terms and conditions contained in this Agreement, Owner desires to engage Company to perform the Services (as defined below), and Company desires to accept such engagement.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. RENTAL MANAGEMENT SERVICES
1.1 Management Services. Subject to the terms and conditions contained in this Agreement, Company will perform those property management and rental services described in Schedule 1.1 (the “Services”) for and on behalf of Owner. Company will have the authority to contract with and/or hire (and fire) all persons Company deems necessary or appropriate to provide or assist Company in Company’s performance of the Services.
1.2 Additional Services. Company may offer additional services (“Additional Services”) to Owner and/or guests of the Property (as defined below) for additional fees established by Company. Additional Services may include, without limitation, bill paying services, offering tour packages, attraction tickets, and equipment rentals. Additional Services may be offered or discontinued from time to time in Company’s discretion. Fees generated from any Additional Services will be the property of, and will be paid to, Company.
1.3 Transient Rental Accommodation. Company will offer the Property for rent to the general public as a transient rental accommodation. Subject to the terms and conditions contained in this Agreement, all decisions concerning the Property’s day‐to‐day management and operation as a transient rental accommodation (or otherwise related to the performance of the Services), including, without limitation, decisions regarding staffing, maintenance, housekeeping, reservation policies, and the collection of rental proceeds, will be made by Company. For purposes of this Agreement, the term “Property” means the Real Property and all Owner personal property located on, in, or at the Real Property (including, without limitation, the Furnishings (as defined below)).
1.4 Independent Contractor. Company is an independent contractor of Owner. Company is not an employee of Owner. Company will be free from direction and control over the means and manner of performing the Services. This Agreement does not establish a joint venture or legal partnership between Company and Owner. Owner will not withhold any taxes from any payments
3 of 13 – VACATION RENTAL MANAGEMENT AGREEMENT {08448006‐00399440;4}
_________ Owner Initials
made to Company, and Company will be responsible for paying all taxes arising out of or resulting from Company’s performance of the Services, including, without limitation, income, social security, workers’ compensation, and employment insurance taxes. 1.5 Owner Release. Owner releases Company, and each past, present, and future member, manager, assignee, employee, officer, contractor, attorney, agent, and authorized representative of Company (individually and collectively “Company Representative(s)”), for, from, and against any and all claims, actions, proceedings, damages, liabilities, injuries, losses, and expenses of every kind, whether known or unknown, including, without limitation, reasonable attorney fees, resulting from or arising out of, whether directly or indirectly, (i) any injury or death to any person, (ii) any loss, theft, vandalism, and/or damage to any property of any kind whatsoever and to whomever belonging (including, without limitation, the Property), (iii) the Property’s failure to comply with any Legal Requirement (as defined below), and/or (iv) the use, renting, management, operation, occupation, ownership, maintenance, and/or control of the Property, including, without limitation, Company’s management of the Property and/or performance of the Services (except if the result of Company’s gross negligence or willful or intentional misconduct). Owner will not be permitted to use and/or operate the bikes described in Paragraph 12 of Schedule 1.1 unless and until Owner signs and enters into that certain Bike Usage and Release and Indemnity Agreement required by Contractor (as defined in Schedule 1.1). 1.6 Exclusive Rental Agent. During the term of this Agreement, Company will be the exclusive rental agent of the Property, and no other person, including, without limitation, Owner, will offer the Property for rent to any person. Owner will promptly forward all inquiries about Property rentals to Company. 1.7 Operating Account. Owner’s checking account will serve as the Property operating account (the “Operating Account”). Owner will complete and sign any forms necessary to authorize Company to make direct deposits or withdrawals into the Operating Account. Owner will maintain a minimum account balance of (i) Five Hundred Dollars ($500.00) if Company is not providing Owner any Bill Payment Services (as defined in Schedule 1.1), or (ii) if Company is providing Owner Bill Payment Services, the greater of (a) an amount sufficient to cover full payment of all the Payment Obligations (as defined below) subject to the Bill Payment Services, or (b) Seven Hundred Fifty Dollars ($750.00). Company will have the right to offset or expense against the Operating Account any sums owing from Owner to Company and/or the cost of performing any Owner obligation under this Agreement. Offset against the Operating Account may be invoked by Company, at Company’s option, in addition to any other right or remedy provided by law and/or this Agreement. Company will give written notice to Owner each time an offset is claimed against the Operating Account. Within ten (10) days after Owner’s receipt of such notice, Owner will deposit into the Operating Account a sum equal to the amount of the offset so that the balance of the Operating Account, net of offset, will remain constant throughout the term of this Agreement. Owner will be responsible for any charges, penalties, and/or fees assessed by Owner’s bank and/or incurred by Company resulting from and/or arising out of insufficient funds, stop payments, and/or any other reasons. 1.8 Property Expenses. Except as otherwise expressly provided in this Agreement, Owner will pay and be responsible for any and all charges, costs, and expenses directly or indirectly related to the use, occupation, operation, management, ownership, maintenance, control, and/or rental of the Property. 2. OWNER REPRESENTATIONS AND WARRANTIES
4 of 13 – VACATION RENTAL MANAGEMENT AGREEMENT {08448006‐00399440;4}
_________ Owner Initials
In addition to any other Owner representation or warranty contained in this Agreement, Owner represents and warrants to Company as follows:
2.1 Organization, Authority, and Binding Obligation. Owner is duly organized and validly
existing under the laws of the State of Oregon. Owner has full power and authority to sign and deliver this Agreement and to perform all of Owner’s obligations under this Agreement. Owner is the fee simple owner of the Property and no other person has any right, title, and/or interest in or to the Property and/or must be made a party to this Agreement. This Agreement is the legal, valid, and binding obligation of Owner, enforceable against Owner in accordance with its terms. Owner has paid and performed all of Owner’s obligations under any loan, note, mortgage, and/or trust deed concerning or affecting the Property. 2.2 No Conflicts. The signing and delivery of this Agreement by Owner and the performance by Owner of all of Owner’s obligations under this Agreement will not (i) conflict with or breach Owner’s articles of incorporation, articles of organization, bylaws, operating agreement, and/or any other legal instrument, (ii) breach any agreement to which Owner is a party, or give any person the right to accelerate any obligation of Owner, (iii) violate any law, judgment, or order to which Owner is subject, or (iv) require the consent, authorization, or approval of any person, including, without limitation, any governmental body. 2.3 Investigation and Evaluation. Owner has had full opportunity to ask questions and receive answers concerning Company, the rental of the Property, the Services, and Company’s operations, and has reviewed and understands the terms and conditions contained in this Agreement. Owner has had the opportunity to obtain any additional information deemed necessary by Owner to evaluate the merits and risks of renting the Property or having the Property managed and/or rented by a third‐party and has obtained all information desired in connection therewith. 2.4 Property Rental Levels. Company has made no representations or warranties regarding the Property’s expenses, rental level, or the amount of rental proceeds Owner may expect to receive in connection with the rental of the Property. Company has made no representations or warranties regarding the tax benefits Owner may receive in connection with the rental of the Property. Company manages other transient accommodations which may compete with the Property for rental guests. Potential rental guests may select any of Company’s properties in a free market competitive environment. 2.5 Compliance with Laws. Owner and the Property are in compliance with any and all laws, statutes, ordinances, codes, regulations, orders, rules, covenants, conditions, easements, declarations, leases, liens, and restrictions directly or indirectly affecting or concerning the Property and/or the Property’s use, renting, occupation, maintenance, operation, management, ownership, and/or control, including, without limitation, all environmental laws, all as now in force and/or which may hereafter be amended, modified, enacted, or promulgated (individually or collectively the “Legal Requirement(s)”). No event has occurred or circumstance exists that may or will result in Owner’s and/or the Property’s failure to comply with any applicable Legal Requirement. 2.6 Condition of Property. The Property is in good condition and repair, free from any and all hazards, defects, and/or other conditions that may cause injury or damage to person or property. The Property contains the Furnishings and such Furnishings are in good condition and repair and in compliance with any applicable Legal Requirements. There are no actions, suits, proceedings, orders,
5 of 13 – VACATION RENTAL MANAGEMENT AGREEMENT {08448006‐00399440;4}
_________ Owner Initials
investigations, or claims, pending or threatened against the Property, including any pending or threatened condemnation proceeding, whether at law or in equity, or before or by any governmental department, commission, board, bureau, agency, or instrumentality. 3. OWNER COVENANTS In addition to any other Owner covenant contained in this Agreement, Owner covenants the following to Company:
3.1 No Right of Entry or Occupancy. During the term of this Agreement, Owner will not disturb, nor cause any person to disturb, any guest of the Property and/or enter in or onto the Property, nor cause any person to enter in or onto the Property, for any reason whatsoever without obtaining Company’s prior authorization. Owner will not have the right to occupy the Property without first making a reservation with Company. 3.2 Dangerous or Hazardous Conditions. If Company provides Owner written notice (the “Hazardous Condition Notice”) of (i) any dangerous or hazardous Property condition which Company determines renders the Property unsuitable for guest occupancy, or (ii) any Property condition not in compliance with any Legal Requirement (each a “Hazardous Condition”), Owner will remedy the Hazardous Condition, at Owner’s cost and expense, within ten (10) days after Owner’s receipt of the Hazardous Condition Notice. Upon Company’s discovery of any Hazardous Condition, Company may discontinue renting the Property (and may relocate any Property guests to another comparable Company rental property), at Owner’s cost and expense, until Company has determined that the Hazardous Condition has been remedied or corrected and the Property is fit for guest occupancy. If Owner is unable or unwilling to timely remedy or correct the Hazardous Condition so that the Property is fit for guest occupancy, Company may (a) make or cause to be made any necessary or appropriate repairs or corrective action which Company determines necessary or appropriate to remedy the Hazardous Condition, subject to the Expenditure Limitation (as defined in Schedule 1.1), and/or (b) terminate this Agreement and pursue any and all remedies available to Company under this Agreement. Notwithstanding anything contained in this Agreement to the contrary, (viii) Company has no obligation to inspect, examine, and/or determine the existence of any Hazardous Condition and/or Emergency (as defined in Schedule 1.1), (ix) Company is not a guarantor of, nor responsible for, the sufficiency, adequacy, and/or correctness of any actions taken to correct or remedy any Hazardous Condition and/or Emergency, and (x) Company will not be responsible or liable for any costs, expenses, claims, and/or damages resulting from, whether directly or indirectly, any deficiency in the repair or corrective work or actions taken or completed by any person to address a Hazardous Condition and/or Emergency.
3.3 Owner Occupancy of Property. If, during the term of this Agreement, Owner desires to occupy the Property, Owner will make a Property reservation request by telephone or in writing (email is permitted) with as much advance notice as possible; provided, however, Owner’s reservation request will be made not less than forty‐eight (48) hours in advance of the contemplated reservation date. If Owner reserves the Property, (i) Owner will be subject to the same check‐in and check‐out times and procedures as other Property guests, and (ii) Owner will be responsible for paying Company’s standard cleaning fee; provided, however, Owner may arrange with Company to be responsible for the cleaning of the Property after Owner’s visitation of the Property in lieu of Company’s cleaning of the Property. If Owner assumes responsibility to clean the Property and such cleaning is not satisfactorily completed (as determined by Company), Company may re‐clean the Property at Owner’s cost and expense. Notwithstanding anything contained in this Agreement to the contrary, if at any time Owner desires to
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reserve and occupy the Property during any time for which Company has issued a confirmed rental reservation to a rental guest, Company will make reasonable efforts to relocate the rental guest to another Company rental property. If Company is able to relocate the rental guest, Owner will pay Company any and all costs and expenses incurred by Company to relocate the rental guest, including, without limitation, the costs of a reasonable upgrade for the displaced guest (which upgrade will be made in Company’s discretion). 3.4 Furnishing of Property. During the term of this Agreement, the Property will contain those items, personal property, equipment, appliances, bedding, supplies, furniture, utilities, and furnishing described on Schedule 3.2 (individually and collectively, the “Furnishing(s)”). Furnishings will be of high quality, style, and utility and consistent with the furnishings being offered for transient rentals in the Property’s general vicinity (as determined by Company). Owner will maintain the Furnishings at all times in good working order and condition. 3.5 Property Expenses. Owner will be responsible for and will timely pay any and all costs and expenses associated with the Property’s ownership, use, renting, occupation, maintenance, management, control, and/or operation, including, without limitation, costs and expenses related to pest control, telephone, cable television, garbage collection, locksmith, gas, electric, water, lawn maintenance/landscaping, condominium/homeowner’s association assessments or dues, mortgage payments, liability and casualty insurance premiums, compliance with the Legal Requirements, real and personal property taxes, and any other costs or expenses associated with the Property (individually and collectively the “Payment Obligation(s)”). Except as otherwise expressly provided in this Agreement, the Payments Obligations will be registered in Owner’s name and billed directly to Owner. Owner will pay the Payment Obligations when due and will not allow any service to be discontinued or lien filed against the Property as a result of the late or non‐payment of any Payment Obligations. Owner will provide Company with proof of payment of any Payment Obligation immediately upon Company’s request. If Owner fails to timely pay any Payment Obligation, Company will have the right, but not the obligation, to make payment of the Payment Obligation on Owner’s behalf. Owner will reimburse Company for Company’s payment of any Payment Obligation immediately on Company’s demand. 3.6 Indemnification. Owner will defend, indemnify, and hold Company and Company’s Representatives harmless for, from, and against any and all claims, actions, proceedings, damages, liabilities, injuries, losses, and expenses of every kind, whether known or unknown, including, without limitation, reasonable attorney fees, resulting from or arising out of, whether directly or indirectly, (i) any injury or death to any person, (ii) any loss, theft, vandalism, and/or damage to any property of any kind whatsoever and to whomever belonging (including, without limitation, the Property), (iii) the Property’s failure to comply with any Legal Requirement, (iv) the use, renting, management, operation, occupation, ownership, maintenance, and/or control of the Property, including, without limitation, Company’s management of the Property and/or performance of the Services (except if the result of Company’s gross negligence or willful or intentional misconduct), and/or (v) Owner’s breach and/or failure to perform any Owner representation, warranty, covenant, and/or obligation contained in this Agreement. Owner’s indemnification obligations provided in this Section 3.6 will survive the termination of this Agreement. 3.7 Insurance. Owner will obtain and maintain, at Owner’s cost and expense, property damage insurance and comprehensive general liability insurance against any and all claims and damages arising out of, or in any way connected with, the management, occupancy, operation, ownership, renting, and maintenance of the Property. The property damage insurance will be in an amount equal
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to the Property’s replacement cost and its furnishings. The comprehensive general liability insurance will be a minimum of One Million Dollars ($1,000,000.00) for each occurrence, Two Million Dollars ($2,000,000.00) in the aggregate. The comprehensive general liability insurance policy will be in form and content satisfactory to Company and will list Company as an additional insured. Owner will not change or cancel the comprehensive general liability insurance policy without first providing Company thirty (30) days’ prior written notice. Prior to Company’s commencement of the Services, and at any other time requested by Company thereafter, Owner will furnish Company with certificates of insurance (and endorsements) evidencing the insurance coverage (and provisions) Owner is required to obtain under this Agreement. If Owner fails to maintain any insurance required under this Agreement, Company will have the option, but not the obligation, to obtain such coverage with costs to be reimbursed by Owner upon Company’s demand. 3.8 Taxes. Owner will be responsible for any and all taxes associated with the use, ownership, and/or rental of the Property (including, without limitation, real property taxes, transient room taxes, and personal property taxes), except for income taxes due on compensation earned by Company. Company will pay the Deschutes County room tax and Oregon transient tax with the rental proceeds collected by Company from Property guests. 3.9 Compliance with Laws. Owner and the Property will comply with all Legal Requirements. Owner will obtain and maintain any and all licenses, permits, registrations, and other governmental authorizations Owner is required to obtain or maintain under the Legal Requirements. Owner will complete, at Owner’s cost and expense, all Property improvements, alterations, clean‐up, repair, maintenance, detoxification, or other action required to comply with the Legal Requirements. 3.10 Sale of Real Property. If Owner decides to sell the Real Property, Owner will perform the following: (i) provide Company written notice (the “Sale Notice”) upon the earlier of (a) the execution of a real estate listing agreement concerning the sale of the Real Property (and the name of the listing agent and firm), or (b) if no listing agent is involved, Owner’s placement of the Property for sale; (ii) promptly provide Company written notice if the Real Property goes under contract for sale and disclose to Company the anticipated closing date; and (iii) keep Company reasonably informed of any changes or modifications to the anticipated closing date. Owner will not show the Property for sale without prior authorization from Company, which authorization may be withheld by Company during any period that the Property is rented to a guest.
3.11 Confidential Information. During the term of this Agreement, and at all times thereafter, Owner will maintain all Confidential Information (as defined below) in the strictest confidence and will not directly or indirectly use, communicate, and/or disclose any Confidential Information to any person, or remove or make reproductions of any Confidential Information, without the express prior written consent of Company. During the term of this Agreement, and at all times thereafter, Company will maintain all personal information previously designated by Owner in writing as confidential in the strictest confidence and will not directly or indirectly use, communicate, and/or disclose any such confidential personal information to any person without the express prior written consent of Owner; provided, however, Company may use, communicate, and/or disclose such confidential personal information as necessary or appropriate to perform Company’s obligations under this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the terms of this Agreement do not operate to transfer any ownership or other rights in or to any Confidential Information to Owner or any other person. For purposes of this Agreement, the term “Confidential Information” means any and all information relating to Company in whatever form, including, without
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limitation, trade secrets (as defined in ORS 646.461, as amended), business models, marketing and advertising plans, financial and technical information, information concerning Company’s operations or customers, records, ideas, specifications, techniques, programs, systems, processes, information derived from reports, investigations, research, work in progress, codes, marketing and sales programs, cost summaries, financial information, projections, and any and all other concepts, methods of doing business, ideas, materials, and information.
3.12 Owner Maintenance Obligations. Owner will promptly pay and perform any and all Property maintenance, replacements, alterations, improvements, and/or repairs Company deems necessary or appropriate. Owner will give Company reasonable notice prior to commencing the completion of any Property maintenance, replacement, improvements, alterations, and/or repairs; provided, however, Owner will not perform any Property maintenance, replacements, improvements, alterations, and/or repairs when the Property is occupied. 4. COMPENSATION AND SET‐OFF 4.1 Compensation. Owner will pay Company in accordance with the compensation schedule provided in Schedule 4.1 (the “Compensation Schedule”). Company may deduct from Property rents collected, and retain for Company’s own benefit, all amounts due to Company under this Agreement. Except as otherwise expressly provided in this Agreement, no compensation will be payable to Company for any periods that the Property is occupied by Owner. Company may modify the Compensation Schedule from time to time as Company deems necessary or appropriate by providing Owner thirty (30) days’ prior written notice (the “Review Period”). Any modification to the Compensation Schedule will be binding on Owner and will become part of this Agreement without any further act of the parties unless Owner provides Company written notice of its rejection of the modified Compensation Schedule prior to the expiration of the Review Period. 4.2 Additional Fees. Company will have the right to charge guests additional fees, including, without limitation, fees related to cleaning, pets, and cancellation. The additional fees will be in addition to the guest rental rate and will belong exclusively to Company. 4.3 Right of Set‐Off. If Owner fails to pay Company any amount required under this Agreement as and when due (including, without limitation, any Payment Obligation), Company will have the right, in addition to any other remedy provided to Company under this Agreement, to deduct such amount from the net rental proceeds payable to Owner hereunder without notice. If Owner fails to pay any party other than Company any amount required under this Agreement when due, Company will have the right, but not the obligation, to make payment to said party on behalf of Owner and to deduct said amount from the rent payable to Owner hereunder without notice. Company’s right of set‐off under this Section 4.3 will apply to all financial obligations of Owner, including, without limitation, costs associated with maintenance, replacements, improvements, alterations, and/or repairs of the Property, cleaning charges, and the Payment Obligations. 5. TERM AND TERMINATION 5.1 Term of Agreement. Subject to the terms and conditions contained in this Agreement, the term of this Agreement commenced on the Effective Date and will remain in full force and effect for a period of one year thereafter. This Agreement will automatically extend, on the same terms and conditions contained in this Agreement, for one or more additional terms of one year each until
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terminated in accordance with the terms and conditions contained in this Agreement. 5.2 Termination by Mutual Agreement and Prior Notice. Notwithstanding anything contained in this Agreement to the contrary, this Agreement may be terminated (i) at any time by the mutual written consent of Company and Owner, (ii) by Company at any time for any reason or no reason by providing Owner thirty (30) days’ prior written notice, or (iii) commencing after the expiration of the initial one‐year term of this Agreement, by Owner for any reason or no reason by providing Company ninety (90) days’ prior written notice. Upon delivery of the termination notice under Section 5.2(ii) or Section 5.2(iii), Company will cease any further attempts to rent the Property (including, without limitation, accepting any future Property reservations) and Company will have the right to cancel any existing Property reservations and/or move any existing Property reservations to another comparable property managed by Company. 5.3 Immediate Termination for Cause. Notwithstanding anything contained in this Agreement to the contrary, Company may terminate this Agreement immediately upon notice to Owner upon the happening of any of the following events: (i) Owner engages in any form of dishonesty or conduct involving moral turpitude that reflects adversely on Company’s reputation or operations; (ii) Owner and/or the Property fails to comply with any applicable Legal Requirement; (iii) problems occur in connection with Company’s management of the Property or performance of the Services due to any Owner act or omission (including, without limitation, Company determines that Owner’s efforts to sell the Property (e.g., showings) have an adverse effect on the guests’ quiet enjoyment of the Property); and/or (iv) Owner breaches and/or otherwise fails to perform any Owner representation, warranty, obligation, and/or covenant contained in this Agreement. Upon Company’s termination of this Agreement under this Section 5.3, Company will cease any further attempts to rent the Property (including, without limitation, accepting any future Property reservations) and Company will have the right to cancel any existing Property reservations and/or move any existing Property reservations to another comparable property managed by Company.
5.4 Owner Duties on Termination. Upon termination of this Agreement, Owner will (i) assume the obligations of any contract, agreement, and/or outstanding bill or obligation incurred by Company under this Agreement (Owner will indemnify Company against all obligations or liabilities which Company may have or will incur under the same), (ii) pay any and all fees and amounts accruing or owing to Company under this Agreement, (iii) reimburse Company for any expenditures made and outstanding at the time of termination, and (iv) take such other steps necessary or appropriate to settle all accounts and matters between Company and Owner. 5.5 Company Duties on Termination. Upon termination of this Agreement, Company will render to Owner all rents then on hand concerning completed reservations after having deducted therefrom any fees and/or expenses then due and amounts sufficient to cover all other outstanding expenditures of Company incurred in connection with Company’s performance of this Agreement that are the responsibility of Owner.
5.6 Remedies. If a party fails to perform any of its terms, covenants, conditions, or obligations under this Agreement, the non‐defaulting party may, in addition to any other remedy provided to the non‐defaulting party under this Agreement, pursue any and all remedies available to the non‐defaulting party at law or in equity. All available remedies are cumulative and may be exercised singularly or concurrently.
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5.7 Company Default. Notwithstanding anything contained in this Agreement to the contrary, Company will not be considered in default under this Agreement unless and until Company receives thirty (30) days’ prior written notice from Owner specifying the nature of the alleged default with reasonable particularity (the “Default Notice”). Company will have thirty (30) days to cure or remedy the default (commencing from the date of Company’s receipt of the Default Notice) (the “Cure Period”) before Company will be deemed in default of this Agreement. If Company’s default is of such a nature that it cannot be completely remedied or cured within the Cure Period, Company will not be deemed in default under this Agreement if Company begins correction of the default within the Cure Period and thereafter proceeds with reasonable diligence to effect the remedy as soon as practical. 6. MISCELLANEOUS 6.1 Severability; Waiver. Each provision contained in this Agreement will be treated as a separate and independent provision. The unenforceability of any one provision will in no way impair the enforceability of any other provision contained herein. No provision of this Agreement may be modified, waived, or discharged unless such waiver, modification, or discharge is agreed to in writing by Company and Owner. No waiver of either party at any time of the breach of, or lack of compliance with, any conditions or provisions of this Agreement will be deemed a waiver of other provisions or conditions hereof.
6.2 Notices. Any notice required under this Agreement must be in writing. Any notice will be deemed delivered (a) upon receipt or refusal (i) when personally delivered, (ii) when delivered by facsimile transmission to the facsimile number of the other party shown on Schedule 6.2 (with electronic confirmation of delivery), or (iii) when delivered by email transmission to the email address of the other party shown on Schedule 6.2 (or any other email address that a party may designate by notice to the other party), or (b) three business days following delivery of the notice by U.S. mail, postage prepaid, by the applicable party to the address of the other party shown on Schedule 6.2 (or any other address that a party may designate by notice to the other party), unless that day is a Saturday, Sunday, or legal holiday, in which event it will be deemed delivered on the next following business day. Company will send all Owner notices to Owner’s Representative as provided in Section 6.10. 6.3 Entire Agreement. This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and contains all of the terms and conditions of the parties’ agreement and supersedes any other oral or written negotiations, discussions, representations, or agreements. Owner has not relied on any promises, statements, representations, or warranties except as set forth expressly in this Agreement. 6.4 Assignment; Binding Effect. Owner may not assign or delegate any of Owner’s rights or obligations under this Agreement to any person without the prior written consent of Company. Company may assign or delegate any of Company’s rights or obligations under this Agreement to any person. An assignment includes, without limitation, a transfer or encumbrance ‐ or series of related transfers or encumbrances ‐ of 50% or more of the shares or other ownership interests of Owner, regardless of whether the transfer or encumbrance occurs voluntarily or involuntarily, by operation of law, or because of any act or occurrence. Subject to the assignment and delegation restrictions contained in this Section 6.5, this Agreement will be binding on the parties and their respective heirs, executors, administrators, successors, and permitted assigns and will inure to their benefit. 6.5 Governing Law; Amendment; Further Assurances. This Agreement will be governed by
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and construed in accordance with the laws of the State of Oregon, and venue for any action concerning this Agreement will lie in Deschutes County, Oregon. Except as otherwise expressly provided in this Agreement, this Agreement may be amended only by written agreement signed by the party against whom enforcement is sought. At any time upon the request of Company, Owner will execute all documents or instruments and will perform all lawful acts Company considers necessary or appropriate to secure its rights hereunder and to carry out the intent of this Agreement. 6.6 Additional Provisions; Attachments; Person. The provisions of any and all exhibits, schedules, instruments, and other documents referenced in this Agreement are part of this Agreement. All capitalized terms contained in such exhibits, schedules, instruments, and/or documents not otherwise defined therein will have the respective meanings assigned to them in this Agreement. For purposes of this Agreement, the term “person” means any natural person, corporation, limited liability company, partnership, joint venture, firm, association, trust, unincorporated organization, government or governmental agency or political subdivision, or any other entity. 6.7 Attorney Fees. If Owner breaches and/or otherwise fails to perform any term, condition, or covenant contained in this Agreement and Company does not institute any arbitration or litigation, Owner will pay to Company, immediately upon Company’s demand, all reasonable costs and expenses, including, without limitation, attorney’s fees, incurred by Company in attempting to enforce this Agreement. In the event litigation or arbitration is instituted to enforce or determine the parties’ rights or duties arising out of the terms of this Agreement, the prevailing party will recover from the losing party reasonable attorney fees incurred in such proceeding to the extent permitted by the judge or arbitrator, in arbitration, at trial, on appeal, or in any bankruptcy proceedings. 6.8 Arbitration. If any claim, dispute, or controversy arising out of or related to this Agreement occurs (a “Dispute”), Company and Owner will exert their best efforts to seek a fair and prompt negotiated resolution of the Dispute and will meet at least once to discuss and seek a resolution of the Dispute. If the Dispute is not resolved by negotiated resolution, the Dispute will be settled by arbitration before a single arbitrator in Bend, Oregon. If the parties agree on an arbitrator, the arbitration will be held before the arbitrator selected by the parties. If the parties do not agree on an arbitrator, each party will designate an arbitrator and the arbitration will be held before a third arbitrator selected by the designated arbitrators. Each arbitrator will be an attorney knowledgeable in the area of business law. The arbitration will be conducted in accordance with the then‐current rules of the Arbitration Service of Portland, Inc. The resolution of any controversy or claim as determined by the arbitrator will be binding on the parties and judgment upon the award rendered may be entered in any court having jurisdiction. A party may seek from a court an order to compel arbitration, or any other interim relief or provisional remedies, pending an arbitrator’s resolution of any controversy or claim. The prevailing party in the arbitration will be entitled to recover from the other party all expenses incurred in connection with the arbitration, including reasonable attorneys’ fees. 6.9 Signatures; Interpretation. This Agreement may be signed in counterparts. A fax or electronic mail transmission of a signature page will be considered an original signature page. At the request of a party, the other party will confirm a fax‐transmitted or electronic mail transmitted (as the case may be) signature page by delivering an original signature page to the requesting party. All pronouns contained herein and any variations thereof will be deemed to refer to the masculine, feminine, or neutral, singular or plural, as the identity of the parties may require. The singular includes the plural and the plural includes the singular. The word “or” is not exclusive. The words “include,” “includes,” and “including” are not limiting.
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6.10 Owner’s Representative. Owner designates Owner’s Representative (as identified in Schedule 6.2) as Owner’s representative for the purpose of making all decisions and receiving all notices under this Agreement. Company’s communications regarding this Agreement will be directed to Owner’s Representative and Company will accept instructions and directives relative to the Property from Owner’s Representative. Owner may change its designated Owner Representative by advance notice to Company.
6.11 Termination; Survival; Discretion; Interest. The termination of this Agreement, regardless of how it occurs, will not relieve a party of any obligations that have accrued before termination. When Company exercises any consent, approval, determination, or similar discretionary action under this Agreement, the standard will be Company’s sole and commercially reasonable discretion. Except as otherwise provided in this Agreement, any payment or reimbursement Owner is required to pay Company under this Agreement will bear interest at the rate of one and one‐half percent (1.5%) per month (18% per annum) from the due date until paid in full. 6.12 Personal Guaranty. If Owner is a corporation, limited liability company, limited partnership, or any other legal entity, each member, shareholder, or partner (each a “Guarantor”), as the case may be, personally guaranty Owner’s performance of each and every term and condition contained in this Agreement in accordance with the following terms and conditions: (i) each Guarantor irrevocably and unconditionally guarantees to Company the full and prompt payment and performance of all of Owner’s obligations arising out of or under this Agreement (the “Obligations”); (ii) upon Company’s demand, each Guarantor will immediately pay and perform the then‐due Obligations; (iii) each Guarantor is a principal obligor and is directly liable for the payment and performance of the Obligations; (iv) Company may exercise Company’s remedies against any Guarantor without making a demand, instituting an action, or exercising or exhausting Company’s remedies against Owner; and (v) the guaranty provided in this Section 6.12 will not be affected by, among other things, the amendment of this Agreement, Company’s waiver of a breach of a provision of this Agreement, and/or the transfer or assignment of this Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed and effective for all purposes as of the Effective Date. COMPANY: OWNER: Bennington Properties, LLC _______________________________ an Oregon limited liability company _______________________________
Name on Deed By: Robert W. Bennington By: ______________________________ Its: Manager Its: ______________________________
By: ______________________________ Its: ______________________________
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Schedules and Supplements SCHEDULE 1.1 ‐ Description of Services (attached) SCHEDULE 2.1 ‐ Housekeeping Services (attached) SCHEDULE 3.2 – Furnishings (attached) SCHEDULE 4.1 ‐ Compensation Schedule (attached) SCHEDULE 5.1 ‐ Basic Guest & Owner Services Plan (attached) SCHEDULE 6.2 ‐ General Information (attached) SCHEDULE 7.1 ‐ Owner Guest Referral Program (attached) Bike Usage Agreement (attached) Direct Deposit/ACH Form (attached) Form W‐9 (attached) Liability Insurance Supplement (attached) Electronic Lock Supplement (attached) Dog Loving Vacation Rental ™ Supplement (attached) Bike Leasing Supplement (attached)