SEA SPRAY COTTAGES

Nags Head, North Carolina

Sea Spray Cottages
Confirmation/Lease Agreement


3518-20 S. Virginia Dare Trail, Cottage #3

,Nags Head, NC  27959

Sample Agreement

Please read, sign, retain a copy, and return a copy to:

seaspraycottages@verizon.net or

John Vollino

2510 W. Grace Street

Richmond, VA  23220-1911

Tenant Name, Address, cell number, and E-mail address:

_________________________

_________________________

________________________

_________________________

_________________________

Dates of stay: Sunday, June X, 20XX (check-in is after 3:00 pm) to Sunday, June XX, 20XX (check-out is by 11 am).

Name of Occupants (maximum of four): 

1.   _________________________;

_________________________;


_______________________; and

_________________________.

Description of Pets e.g., medium-sized poodle, large tabby cat (maximum of two):

1.   _________________________; and

_________________________;

Total Rental Cost:  $*


Less Payment Received: $

Balance Due: $

Balance Due Date:

Sea Spray Cottages DOES NOT provide sheets (1 queen & 2 twin beds) or towels (bath/beach/kitchen).

The cottage is a non-smoking facility. Fireworks are illegal in Nags Head and are not permitted on the premises at any time.


THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCGS 42A). The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting the disbursement of rent prior to tenancy and expedited eviction of tenants. Tenant’s signature on this Agreement or payment of money or taking possession of the property after receipt of this Agreement is evidence of your acceptance of this Agreement and your intent to use this property for a vacation rental.

1. IN CONSIDERATION of the rent received and the mutual promises herein, the Owner does hereby lease and rent to Tenant that certain property described above and under the following terms and conditions.


2. CANCELLATION: In the event Tenant cancels his reservation of the leased property and said property is not re-rented during the entire term set out above, then all rent consideration previously tendered will be forfeited by Tenant and retained by Owner. All cancellations must be in writing. If the property is re-rented, then rent previously tendered will be refunded to Tenant. The Tenant shall not assign this Agreement or sublet the cottage in whole or in part.

3. COTTAGE RULES:

A. PAYMENT OF RENTS AND ACCEPTED FORMS OF PAYMENT: Owner has received your initial rental deposit and your reservation has been posted to the calendar.  This Agreement is being forwarded to you to confirm your reservation. A signed copy of this Agreement must be returned to Owner with the second installment payment. If Tenant has paid the entire rental amount initially, the Tenant should return this Agreement within seven days of its receipt.  Tenant may make the rental payment in cash or by personal check, money order or cashier’s check.   A $30.00 service charge on any returned check will be added to your balance. ALL PAYMENTS ARE TO BE MADE IN U.S. FUNDS.


B. CHECK-IN: Check-in time is after 3pm on your check in date.  Generally, the Owner or his agent will leave the key for the cottage under the mat on the front porch or by other arrangement agreed upon by the parties.

C. TENANT: Tenant and the other occupants listed above will be the sole occupants of property. IDs must be furnished upon request. Absolutely no house parties allowed. Violation of these restrictions is grounds for immediate lease termination and/or eviction without refund of rent paid unless re-rented. The Tenant represents himself to be an adult 25 years or older. Sea Spray leases homes without respect to the race, color, religion, sex, national origin, handicap or family status of any tenant.

D. PETS:  Pets are limited to not more than 2 house-broken domestic animals. A $50.00 per pet fee is charged on all reservations including a pet. Tenant must declare all pets. Tenant agrees to clean up behind his pet immediately upon defecation.  Dogs must be kept on a leash.  Those with pet allergies should note that pets do occupy the cottages from time to time.  No refunds will be allowed if Tenant or his invitees are not able to stay in the cottage due to allergies.

E. ACCOMMODATIONS/CLEANING: Tenant is responsible for keeping the cottage clean and safe during the entire tenancy as required in NCGS 42A-32. Cottage #3 is equipped for normal day to day housekeeping.  Tenant is responsible for maintaining Cottage #3 in a safe and responsible manner.

F. OCCUPANTS/SEPTIC: Due to health department regulations, occupancy of Cottage #3 is limited to two (2) persons per bedroom with a maximum occupancy in Cotttage#3 of four (4) people.  Violation of this maximum occupancy will result in immediate eviction.  Tenant shall not deposit anything other then human waste and bathroom tissues in the toilet.  Tenant shall deposit all contraceptive devices, personal wipes, and feminine hygiene products in the trash receptacle and empty the trash receptacle in the dumpster.  Tenant shall use only septic system safe toilet tissue.

G.  PARKING and PERMITTED VEHICLES:  Parking on the grounds is limited to 2 vehicles per cottage.   Parking for Cottage #3 is reserved for and only permitted directly in front of the cottage and in front of the left garage bay immediately adjacent to the cottage.  Visitors can parallel park along the front of the grounds on the east side of the picket fence along South Virginia Dare Trail.  RV’s AND ATV’s are not permitted on the premises.

H.  EQUIPMENT/ FURNITURE: Cottage #3 includes an electric coffee pot, microwave oven and toaster as basic kitchen equipment, TV, central air/heat and cable hookup. All beds have mattress pads, bedspreads and pillows. Tenant will supply his own paper products, cleaning supplies, condiments and linens.  Cottage #3 has at least one smoke detector. Tenant should refrain from rearranging the furniture.

I.  TELEVISIONS/CABLE/INTERNET: The functionality of the TV, modem and/or cable/internet reception is not guaranteed and no rebates will be given for malfunctions, bad reception or service interruption.

J.  MAINTENANCE/NON-REBATE. Every effort is made to keep each cottage, its equipment and amenities in good working order. Please notify Owner of any difficulty you incur during your stay so repairs, if necessary, can be made. There will be no rebates given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area or maintenance problems. We reserve the right to enter premises during tenancy to inspect, make repairs, etc. Owner strives to make repairs in a timely manner.


K.  CHECK-OUT:  Tenant must check out by 11:00 A.M. on check-out day to allow the cleaning crew time to prepare the cottage for the next guest. Tenant is responsible for washing dishes and returning them to the cabinets, taking out trash, emptying refrigerator/ freezer, leaving AC set on 78 degrees (or heat set on 55 degrees in the winter months), securing all doors and windows, sweeping sand off floors, removing sand from tub, and leaving the cottage tidy and damage-free.

L.  DAMAGES. Tenant is responsible for any damage caused by him, his family, guests, etc. and must report any breakage or damages to Owner upon occurrence.  Tenant shall pay for such breakage/damage before he leaves.

M.  Keys: Owner will provide Tenant with two sets of keys, which at the end of your tenancy Tenant should leave on the hook under the thermostat located in the living room.  Tenant will lock the door behind him when departing.  Tenant will not duplicate keys to the cottage.

N.  GRILLING.  Tenant will not use moveable outdoor grills on decks, porches or near wooded areas.  Tenant must clean the grill after your use so that it is ready for other guests’ use.

4. PERMITTED OCCUPANTS:  Tenant must take possession and maintain possession of the cottage for the full leased period. The Tenant shall not permit the cottage to be occupied or used as a residence by more than four occupants, the maximum number allowed under this Agreement. This includes the Tenant, his family (including all children) and guests. Overcrowding of cottage or misrepresenting number in party is grounds for immediate eviction without refund unless the cottage is re-rented.   Misrepresentation, failure to pay in full, obtaining subject property under false pretenses, fraud or material breach of this agreement shall result in an expedited eviction in accordance with the vacation rental act (NCGS 42A-23).

5. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY In the event the Owner is unable to deliver the cottage to Tenant under this Agreement because of fire, damages, eminent domain or Act of Nature, or because of lack of water or sewer, or otherwise unfit or uninhabitable, or for any other reason whatsoever, Tenant hereby agrees that Owners sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant pursuant to the terms of this lease, and Tenant expressly acknowledges that in no event shall Owner be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving, for any damage, destruction or loss.  The Tenant his family members, guests and all the occupants of the vacation home agrees to release and indemnify the Owner from and against all claims for damages and/or personal injuries to any person arising out of the use of the cottage, including interior and all exterior areas, including decks, stairs and other common areas that occurred during the tenancy of the premises.  These claims include those that allegedly may fall under the Vacation Rental Act. Tenant also agrees to defend Owner from any lawsuit alleging damages and/or personal injury that occurred during the Tenant’s rental of the cottage. Tenant shall not be entitled to any refund due to unfavorable weather, maintenance problems, area construction, noise, early departure, or disruption of utility services (including cable and internet) after occupancy. Tenant agrees to be responsible for any repairs necessary due to his negligence.  In the event of an ordered evacuation due to hurricanes or other storms, tenant is required by state law to evacuate property.


6.  ENTIRE AGREEMENT:  This Agreement contains the entire agreement of the parties and there are no other representations, inducements, or other provisions other than those expressed here in writing. All changes, additions, or deletion hereto, must be made in writing and signed by all parties.

7.  IN WITNESS WHEREOF, this Agreement is executed in two counterparts with an executed counterpart being retained by each party hereto. NOTICE: This is a legally binding contract. If not understood, seek competent advice.

(a) This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina.

(b) This agreement shall be treated as though it were executed in the County of Dare, State of North Carolina, and were to have been performed in the County of Dare, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in North Carolina. Customer/Tenant specifically consents to such jurisdiction and to extraterritorial service of process.

Owner and Tenant acknowledge and accept terms as set forth within this Agreement.

By: ____________________________________________

        Tenant (Signature) and Date

By:_____________________________________________


      Owner (Signature) and Date
*Amount includes 7.75% NC state sales tax and 5% Dare County lodging tax.