•NEW FLOORING THROUGHOUT
•PRIVATE FRONT ENTRY COURTYARD
•BACKYARD HAS HOT TUB, FIRE PIT, BBQ
•100K SQ FT GYM WITH POOL CLOSE BY
•2 CAR GARAGE
•CLOSE TO KIERLAND/SCOTTSDALE QUARTER
•CLOSE TO 101 & 51 FRWYS
By entering into a reservation, the guest is acknowledging and agreeing to the terms listed in this Lease Agreement below...
RESIDENTIAL LEASE AGREEMENT
This Short Term Residential Lease Agreement (the “Agreement”) is made and entered into by and between 5725 E. Monte Cristo Ave LLC (“Owner”) and guest listed under the Airbnb agreement (“Guest”) for the property located at 5725 E. Monte Cristo Ave Scottsdale, AZ 85254 (the “Premises”).
1.Relationship. Guest understands that the relationship between the parties shall be of proprietor and lodger or guest as opposed to a relationship of landlord and tenant. Guest waives and make inapplicable to this lodging the provisions of Arizona Landlord/Tenant Law.
2.Term. The term of this Agreement shall commence at 4:00 P.M. on the date stated in the quote and shall expire at 11:00 A.M. on date stated in the quote unless terminated pursuant to the terms set forth herein, although this Agreement shall be binding on the parties upon the mutual execution and delivery of this Agreement. Guest understands that another guest may be occupying the Premises the same day as the anticipated expiration date and therefore there are no exceptions for Guest’s timely surrender of the Premises.
3. Cancellations. Refer to cancellation policy in listing
4. Deposits. Refer to Deposit Policy in listing
5.Furnishings. All furniture, furnishings, appliances, cooking and serving utensils, and other personal property of Owner listed in Exhibit “A” shall be left in good order and repair by Guest. If Guest fails to leave such property in good order and repair, Owner may make repairs and charge Guest the cost of repair over and above the security deposit. Guest must not alter, change, or add to the Premises without permission from Owner.
6.Use. The Premises shall be used and occupied by Guest exclusively, as a private single family home. GUEST ACKNOWLEDGES THAT IN NO EVENT ARE LARGE GATHERINGS, SUCH AS HOUSE PARTIES OR WEDDINGS PERMITTED ON THE PREMISES. Guest agrees to comply with applicable laws, ordinances, regulations, covenants and conditions and restrictions concerning the Premises. Guest is responsible for any fines or penalties assessed by any governing body as a result of Guest’s violation of any of these rules, regulations, and laws. Guest agrees to supervise Guest’s family, guests and invitees to insure their compliance with these rules, regulations, and laws. Guest shall be responsible for any actions of Guest’s family, guests and invitees who violate this Agreement or Landlord’s rules or regulations. Guest shall not use the Premises for any disorderly or unlawful purpose and/or commit any waste upon the Premises or any nuisance or act which may disturb the quiet enjoyment of other residences in the surrounding neighborhood. Any misuse described herein shall result in the termination of this Agreement and in such event there shall be no refund of any funds paid hereunder. Guest shall make no alterations and/or improvements to the Premises.
7.Animals. No animals will be brought on the Premises without the prior written consent of Owner.
8.Smoking Prohibited. No smoking shall be permitted in or about the Premises. In the event that evidence of cigarette smoke is discovered in or about the Premises, a fee of $200.00 will be automatically deducted from the security deposit or, in the event that the security deposit has been depleted, will be billed to Guest, which fee will be payable to Owner within 15 days of invoice.
9.Entry and Inspection. Owner and/or its agent reserve the right to enter the Premises to inspect the Premises and to make necessary or agreed upon repairs, alterations, improvements, or supply necessary or agreed upon services.
10.Maintenance of the Premises. Guest stipulates, represents and warrants that Guest accepts the Premises in “as is” and “where is” condition and that, unless the Owner is notified within 1 hour of taking occupancy, the Premises, including the furniture, furnishings, and appliances therein, will be deemed in good working order. Guest covenants to maintain the Premises in a clean and sanitary condition, and must immediately notify Owner of any damage to the Premises.
11.Indemnification. Guest shall indemnify, defend and hold Owner and its successors and assigns, harmless from and against any and all claims, demands, actions, damages, liability and expense in connection with the loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Premises, including, without limitation, any resulting from the use of the pool/spa, and the occupancy or use by Guest of the Premises or any part thereof occasioned wholly or in part by any act or omission of Guest or any of its family, guest or invitees, and any claim or damages against Owner as a result of Guest’s failure to vacate on the anticipated surrender date.
12.Utilities. Owner shall be responsible for arranging for and paying for all utility services required on the Premises.
13.Default. For any noncompliance by Guest with this Agreement, Owner shall provide Guest with a notice specifying the acts and omissions constituting the breach and specifying that this Agreement shall terminate upon Guest’s receipt of said notice.
14.Non-Delivery of Premises. In the event Owner cannot deliver possession of the Premises to Guest on the commencement date and/or the Premises becomes uninhabitable be reason of fire, storm, explosion, or other casualty at any time during the term of this Agreement, Owner may, at its option, terminate this Agreement by providing written notice to Guest and, in such event, Owner shall refund to Guest all funds paid to Owner.
15.Surrender. On the termination date or earlier termination of this Agreement, Guest shall vacate and surrender the Premises in broom clean condition and in good order and repair, surrender all keys to the Premises and remove all personal property belonging to Guest. At the option of Owner, any personal property not removed by Guest as of such date shall be deemed abandoned. If Guest fails to timely surrender the Premises, Owner reserves the right to change the locks.
16.Entire Agreement. This Agreement supersedes and cancels any and all previous negotiations, agreements and understandings between Owner and Guest with respect to the subject matter hereof and is the only and entire agreement between them. The terms and conditions set forth in Exhibit “A” are hereby incorporated herein.
17.Governing Law. The validity, construction, interpretation and administration of this Agreement shall be governed by the laws of the State of Arizona.
18.Waiver. The waiver by Owner of any breach or default by Guest of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by Owner, unless such waiver is in writing by Owner.
19.Full and Independent Knowledge. Guest acknowledges that it has read this Agreement carefully, knows and understands the contents hereof, and has made such investigation of the facts pertaining to the subject matter hereof. If either party hereto commences any legal action against the other which in any way arises from or in connection with this Agreement, the prevailing party shall be entitled to all reasonable attorneys’ fees and costs.
20.Counterparts. This Agreement may be executed and delivered in counterparts and each counterpart so delivered which bears the original signature of a party hereto shall be binding as to such party, and all counterparts together shall constitute one original and the same instrument.
21.Spa. Release and Hold Harmless Agreement. The Premises contains a jacuzzi. Guest acknowledges receipt of the Arizona Department of Health Services approved Private Pool Safety Notice. Guest specifically acknowledges the open and obvious risks associated with the swimming pool located on the premises. Guest intentionally and knowingly assume(s) the risks associated with the swimming pool located on the premises, which include, but is limited to, slipping and falling, drowning, broken bones, and even paralysis or death. Guest agrees to watch children at all times in and around the spa area. There is absolutely no diving allowed in the spa.
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