RAINBOW RIDGE RENTAL AGREEMENT AND SECURITY FORM
RATES ARE BASED ON 6 PERSON OCCUPANCY, EXTRA CHARGE PER PERSON OVER 6 WILL BE $10.00 PER NIGHT. EXTRA CHARGE APPLIES TO ALL GUESTS 2 YEARS OLD OR OLDER. WE DO NOT ACCEPT AMERICAN EXPRESS FOR A DEPOSIT. ALL RATES SUBJECT TO MONO COUNTY BED TAX 12%. OUR MINIMUM STAY FOR NON-HOLIDAY IS TWO NIGHTS. NO PETS ALLOWED IN ANY UNITS. ADDITIONAL CHARGE FOR EXCESSIVE DAMAGE/CLEANING.
I AGREE UPON MAKING THIS RESERVATION TO THE FOLLOWING: Please note that in addition to compensation for breakage and vandalism, we find it necessary at this point to add clauses requiring tenants to acknowledge and accept personal liability for their own use and the use by any of their guests, of our properties and properties managed by Rainbow Ridge. RENTAL AGREEMENT ASSUMPTION OF THE RISK: Any user of this property, their guests, and any invited person upon the property shall assume the full responsibility and risk of using the premises, including and not limited to, all interior and exterior stairways, stoves, microwaves, and other appliances. Lessor makes no warranties regarding the use, habitability, or functionality of the premises. All renters acknowledge they have had the opportunity to view the property, make inquiries regarding the property, and specifically waive any rights that may arise as a result of the use of the property. DUE TO THE FACT THAT THIS IS A MOUNTAIN RECREATIONAL AREA AND TEMPERATURES CHANGE DRASTICALLY THERE COULD BE ICE IN THE PARKING AREAS AND WALK WAYS OF THE UNIT IN WHICH YOU’RE STAYING. I AGREE TO EXERCISE REASONABLE CARE AND DILIGENCE WHEN WALKING ON THE PROPERTY OR PROJECT AND TO WATCH OUT FOR SLIPPERY CONDITIONS AND FOR FALLING ICICLES. I AGREE NOT TO HOLD THE OWNERS RESPONSIBLE FOR ANY INJURIES THAT MAY RESULT FROM MY OCCUPANCY OR THE OCCUPANCY OF MY GUESTS IN THE RENTED PROPERTY. OCCUPANT AGREES TO COMPLY WITH ANY AND ALL RULES AND REGULATIONS THAT ARE AT ANYTIME POSTED ON THE PREMISES OR DELIVERED TO OCCUPANT. OCCUPANT SHALL NOT DISTURB, ANNOY, ENDANGER OR INTERFERE WITH OTHER OCCUPANTS OF THE BUILDING IN WHICH PREMISES IS LOCATED OR ITS NEIGHBORS. OCCUPANT SHALL NOT USE THE PREMISES FOR ANY COMMERCIAL OR UNLAWFUL PURPOSE INCLUDING, BUT NOT LIMITED TO USING, MANUFACTURING, SELLING, STORING, OR TRANSPORTING ILLICIT DRUGS OR OTHER CONTRABAND: VIOLATE ANY LAW OR ORDINANCE, COMMIT WASTE OR NUISANCE ON OR ABOUT THE PREMISES. INSURANCE: Owner Insurance: Occupant`s or guests` personal property, including vehicles are not insured by Owner, HOA against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner does not insure against personal injury to Occupant, guests or licensees due to any reason other than the condition of the premises. Owners recommend the Occupant carry or obtain insurance to protect Occupant, guest and licensees and their personal property from any loss or damage. INDEMNIFY AND HOLD HARMLESS: All users of this property indemnify, defend and hold harmless the Owner and Owner’s Representative from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant’s guests or licensees or their personal property. AGREEMENT: This agreement shall be governed by the laws of the State of California. JURISDICTION AND VENUE: Any action arising as a result of or under this contract shall be exclusively brought and heard in the Superior Court of California, County of Mono. MEDIATION: Occupant agrees to mediate any dispute or claim arising out of this agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. METHAMPHETAMINE CONTAMINATION: There is no contamination. MEGAN’S LAW DATABASE DISCLOSURE: Pursuant to section 290.46 of the penal code, information about specific registered sex offenders is made available to the public via an internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. If tenant want further information, Tenant should obtain information directly from the website. SECURITY AGREEMENT: I UNDERSTAND THAT DURING MY STAY I AM RESPONSIBLE FOR ANY DAMAGES OR THEFT THAT OCCURS TO THE CONDOMINIUM OR UNIT THAT IS CAUSED BY NEGLIGENCE OF MY FAMILY OR MY GUESTS. I AGREE TO PAY FOR THE REPAIR OF ANY SUCH DAMAGE AND/OR REPLACE OR PAY FOR ANY STOLEN ITEMS. I AGREE NOT TO REMOVE ANY ITEMS FROM MY UNIT TO ANOTHER. EACH IS INDIVIDUALLY OWNED. I WILL NOTIFY RAINBOW RIDGE IMMEDIATELY OF ANY BREAKAGE OR DAMAGE TO THE UNIT OR ITS CONTENTS.
I ACKNOWLEDGE THE SECURITY DEPOSIT AGREEMENT OUTLINED BELOW THIS DOCUMENT. DEPOSIT, CANCELATION AND REFUND POLICY: A $300 deposit is due at time of reservation, with the remaining balance due 30 days prior to arrival. FOR ALL RESERVATIONS PAYMENT IS DUE IN FULL 30 DAYS PRIOR TO ARRIVAL, NON-REFUNDABLE. To receive a refund, cancelations must be made at least 30 days prior to arrival date. If cancelation occurs after the deadline, any refund is contingent upon our being able to re-book the unit. A $50.00 service charge applies to all cancelations. There are no refunds for poor snow conditions, severe weather, acts of mother nature or early departure. If you are unable to get here due to road closure you will receive a full refund. I understand the California Penal Code Section 537 prohibits the fraud of innkeepers and the fraud is punishable by a fine up to one thousand dollars ($1,000) and/or by imprisonment in the state prison for up to three (3) years. I further understand this declaration under penalty of perjury and that perjury is punishable under California Penal Code Section 126 by imprisonment for a period of two (2) to four (4) years.
I DECLARE THAT I HAVE READ THE ABOVE PROVISIONS AND THAT I SIGN THIS DECLARATION WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE CONSEQUENCE OF ANY VIOLATION OF THE LAWS NOTED ABOVE. SECURITY DEPOSIT AGREEMENT 1. MISSING OR BROKEN INVENTORY WILL BE REPLACED AND CHARGED TO LESSEE CREDIT CARD UPON NOTIFICATION TO LESSEE. 2. DAMAGES WILL BE REPAIRED AND COSTS CHARGED TO LESSEE CREDIT CARD. 3. I AUTHORIZE THE USE OF MY CREDIT CARD IF I OR ANY MEMBER OF MY PARTY DAMAGES THE UNIT.
Each owner shall be responsible for obtaining a transient occupancy registration certificate and for complying with Chapter 3.28 of the Mono County Code. An owner may contract with a management company or property manager to collect, disburse, report, and maintain all records related to transient occupancy tax, but the owner remains responsible for any failure to collect, disburse, or accurately report such tax.
A violation of any provision of this chapter, and/or the renting of any property in a land use designation that does not allow for such transient rental, or without proper land use approvals, is subject to the General Penalty provisions and/or the Administrative Citation provisions set forth in Section 1.04.060 and Chapter 1.12 of the Mono County Code, respectively, and any other civil or administrative remedy allowed by law. Notwithstanding Section 1.12.030, the administrative fine for the operation of any transient rental facility within a transient overlay district without a valid vacation home rental permit, or the operation of any transient rental facility in violation of applicable land use requirements in any other land use designation of the county shall be $1,000 for the first violation and $2,000 for a second or subsequent violation within three years. In addition to these penalty provisions, the failure to comply with any provision of this chapter may result in the suspension or revocation of the vacation home rental permit in accordance with subsection D below, or the suspension or revocation of the business license and/or transient occupancy registration certificate. The failure of a management company or property manager to comply with the provisions of this chapter may additionally result in a finding that such management or company or property manager is not in good standing.
An inspection and/or audit of each unit subject to this chapter, and any contract or agreement entered into in furtherance of, or to implement, this chapter, may be made at any reasonable time, and upon reasonable notice to confirm compliance with this chapter.
Transient rentals may not be conducted if there are any code violations, stop-work orders, or other violation of law or regulation outstanding on the property.
D.The following procedures shall be followed in conjunction with any proposed revocation or suspension of a vacation home rental permit. 1.The County shall provide the property owner with a notice of proposed revocation or suspension stating the nature of the violation, whether revocation or suspension is proposed, and the date, time, and place of a hearing before a hearing officer, who shall be a Planning Commissioner appointed for this purpose by the County Administrative officer, will be held. The notice shall be served on the owner at least 10 business days prior to the date of the hearing by personal service or by certified mail, postage prepaid, return receipt requested to the address for such purpose provided on the vacation home rental permit application. Service by mail shall be deemed effective on the date of mailing.
2.At the hearing, the hearing officer shall consider any written or oral evidence consistent with the following:
a.The contents of the County’s file shall be accepted into evidence (except as to such portions of the file, if any, that contain confidential or privileged information); and
b.The notice of revocation or suspension shall be admitted as prima facie evidence of the facts stated therein.
3.The hearing officer shall independently consider the facts of the case and shall draw his or her own independent conclusions.
4.Upon conclusion of the hearing and receipt of information and evidence from all interested parties, the hearing officer shall render his or her decision affirming the revocation or suspension as proposed, modifying the revocation or suspension, or rejecting the revocation or suspension.
5.If directed by the hearing officer, staff shall prepare a written decision reflecting the hearing officer’s determination. Following approval of the written decision by the hearing officer, the secretary of the Planning Commission shall serve the written decision on the property owner by certified mail, postage prepaid, return receipt requested.
6.The decision of the hearing officer shall be the final administrative action of the County, and the property owner shall be advised of his rights to challenge that decision in Superior Court pursuant to section 1094.5 of the Code of Civil Procedure and of the timelines in which such an action must be brought.
E.Notwithstanding the foregoing, in the event the code compliance officer determines that suspension or suspension pending revocation of a vacation home rental permit is necessary for the immediate protection of the public health, safety, or welfare, such suspension may be made without prior hearing or determination by the hearing officer, upon the giving of such advance notice to the property owner as the code compliance officer deems reasonable given the nature of the violation and risks presented. The code compliance officer shall inform the property owner in writing of the duration of the suspension, the reasons therefor, the procedure and timelines for filing an appeal, in accordance with the following: 1.The property owner may appeal the suspension by filing an appeal with the clerk of the Planning Commission within 10 calendar days of the date the suspension or revocation takes effect. Such appeal shall also function as a hearing on revocation of the permit, if the suspension is made pending revocation. In the event the property owner does not appeal a suspension pending revocation within the time provided, then the suspension shall automatically become a revocation if notice of such was included in the notice of the suspension;
2.The hearing shall be in accordance with the procedures set forth in section D above; and
3.The suspension shall remain in effect for the number of days provided by the code compliance officer, or until the appeal/revocation hearing is finally decided by the hearing officer, whichever occurs later, unless extended by the Board.
F.When a vacation home rental permit is revoked pursuant to the procedures set forth in this chapter, a new vacation home rental permit may not be issued to the same property owner for a period of five years.
26.080 Existing and Otherwise Permitted Rentals.
Any lawful use of property as a transient rental occurring, or subsequently authorized, in a land use designation that permits such uses (or permits such uses subject to Use Permit or Director Review approval) without the application of a transient overlay district shall be exempt from the provisions of this chapter.
26.090 Unauthorized Rentals Prohibited.
The transient rental of any property, unit, or structure that is not within a designated transient overlay district or within a land use designation that permits such use and for which all necessary approvals have been granted, is prohibited. Any violation of this section shall be subject to the provisions of section 26.070,