*****OCCUPANCY AGREEMENT*****
The Guest does hereby agree by signing this Occupancy Agreement to pay for the use of Unit # which is a bedroom unit at SUNRISE COVE CONDOMINIUM, for the use of said property commencing on ___/ _ / _ (Day/Month/Year) at 4:00 PM, and ending on __ / / _ (Day/Month/Year) at 9:00 AM,
according to the terms and provisions of this Occupancy Agreement and subject to the “Rules and Regulations” (see Exhibit A) of SUNRISE COVE CONDOMINIUM ASSOCIATION, INC. which is acting as Agent for the Owner of the condominium unit.
PAYMENT TERMS:
1. An Advance Payment, of $2,500.00 which includes the non- refundable Administrative Fee of $100 and the non-refundable Booking Fee of 5% of the Rent and all applicable State and County taxes associated, must be paid at the time of booking if paying by credit card, or WITHIN TEN (10) DAYS of receiving this Occupancy Agreement if paying by check, in order to confirm your reservation of the designated Unit. If this requirement is not met, the reservation will be canceled.
2. The balance (Balance Due) of $_________ is DUE NO LATER THAN SIXTY (60) DAYS PRIOR TO THE ARRIVAL DATE APPEARING ON THE ATTACHED RESERVATION FORM. If this requirement is not met, the reservation will be canceled and the cancellation terms listed below will apply.
CANCELLATION POLICY:
1. Early Cancellation: The Advance Payment, less the non- refundable Administrative Fee of $100 and the non-refundable Booking Fee of 5% of the Rent and less all applicable State and County taxes associated, shall be refunded, if written notice of cancellation of the reservation under this Occupancy Agreement is received by the Agent at least ninety (90) days before the arrival date appearing on the attached reservation form. Agent also reserves the right to cancel the reservation at least ninety (90) days before the arrival date by providing written notice of cancellation to the Guest in which event the Advance Payment shall be refunded in full including the Administrative Fee and the Booking Fee. If a Guest provides written notice of cancellation of the reservation under this Occupancy Agreement for any reason after ninety (90) days prior to the arrival date appearing on the attached reservation form and before sixty (60) days prior to the scheduled arrival date, Guest would be entitled to a refund of any amount paid, less the total Advance Payment amount.
Amended 01-08-25
2. Late Cancellation: If Guest provides written notice of cancellation of the reservation under this Occupancy Agreement for any reason sixty (60) days or less before the scheduled arrival date, the Guest is not entitled to any refund of the total amount paid. The same applies if the Guest arrives after the scheduled arrival date and/or if your time in the Unit is interrupted for any reason and you leave earlier than your scheduled departure date. Provided however, in the event Agent is able to rent the Unit to another guest for the entire rental period at the same rental fee and cost specified in this Occupancy Agreement, the payments paid by Guest, shall be refunded in full less the non refundable Administrative Fee and the non-refundable Booking Fee. In the event the Unit is only rented for part of the rental period, a prorated refund will be made based on the portion of the canceled occupancy period that was paid for by another guest. IT IS RECOMMENDED THAT THE GUEST OBTAIN TRAVEL INSURANCE WHEN THE RESERVATION IS MADE IN THE EVENT THAT YOU MUST CANCEL AND YOU ARE WITHIN THE 90-DAY CANCELLATION PERIOD.
3. Exception To Cancellation Policy: Special circumstances may arise where the Florida Governor and/or other government officials issue restrictive guidelines and/or mandates such as what has been experienced with COVID-19. Agent and Guest agree to the following exception to the forgoing Late Cancellation provision in the event of a pandemic: If a pandemic event results in an emergency order from the Florida Governor and/or other governing officials that prohibit guests from coming into the State of Florida/Sarasota County and/or prohibits the operation of vacation rental programs or suspension of same, which is an event that cannot be anticipated, Agent or Guest may cancel this Occupancy Agreement if the effective date of the forgoing governmental order occurs within a period of thirty (30) days before the commencement of the occupancy. Agent also serves as a condominium association in charge of the Sunrise Cove condominiums and may be required or deem it prudent based on reasonable health and safety concerns, to close portions of the condominium property, or limit access or use. The existence and/or application of closures, mandates, limitations or restrictions may result in the desire for either the Agent or Guest to modify or cancel the scheduled reservation. If Agent or Guest reasonably determines to cancel the reservation under the circumstances contemplated by this paragraph, a written cancellation notice must be submitted within in the stated time period prior to the commencement of the occupancy. In an effort to treat the Owner of the unit, Agent and Guest fairly under such circumstances, Guest shall be entitled to a credit towards a future reservation of advances made, however, in the event neither the Agent or Guest elects to cancel this Occupancy Agreement and Guest takes occupancy of the unit, Guest shall accept the unit, the condominium premises and amenities, and the County and State in an “as in condition” and shall not be entitled to any credit or damage due to the loss of recreational amenities, the closure of recreational amenities, bars, restaurants or any other facility. The owner of the unit and Agent will continue to have cost and expenses and are depending on the receipt and use of revenues generated by the reservation and therefore must be compensated since they would not be responsible for the events described in this paragraph. The intent and purpose of this paragraph is to represent to Guest that each situation and reservation will be reviewed by Agent in good faith on a case-by-case basis with an equitable adjustment made as may be appropriate and reasonable under the circumstances. Notwithstanding the forgoing, no credit or adjustment shall be made in the event that travel insurance available at the time of booking the reservation would cover losses and/or damages incurred by Guest arising from a pandemic or similar event addressed by this paragraph. The hold harmless and indemnity provisions set forth in this Occupancy Agreement shall apply to any and all claims arising due to a pandemic situation or similar event, including occupancy of the unit and use of condominium premises.
Amended 01-08-25
COVENANTS AND CONDITIONS:
1. FURNISHINGS, UTILITIES, TELEPHONE: Unit is furnished. The Owner of the unit shall pay all utility charges, which may be charged against premises during the occupancy term. Local phone service may be provided. Guest is STRICTLY PROHIBITED FROM CHARGING LONG DISTANCE CALLS TO THE UNIT’s TELEPHONE NUMBER.
2. CONDITIONS OF PREMISES: Guest agrees: (a) to abide by the Rules and Regulations: (b) to keep the premises in a state of good repair and sanitary condition; (c) to pay the cost of repairing any damage to said premises (or to the condominium amenities or property, including without limit
recreational facilities and carports) caused either by the Guest’s negligence or the negligence of any Guest or visitors to the premise. The Guest will make no alterations, additions, or structural changes to or upon the unit or any condominium property.
3. PETS: Guest and visitors shall not be permitted to have pets in the unit or bring pets onto the premise at any time. The no pet policy will be enforced subject to accommodations required by law, in which all appropriate documents requesting an accommodation must be submitted to the Agent not less than two (2) weeks prior to commencement of occupancy period.
4. VEHICLES: Parking permits/decals for each vehicle are required and must be displayed on the vehicle when parked on the condominium property to avoid the vehicle being towed. No commercial vehicles, motorcycles, trailers, boat trailers, recreation vehicles, mobile homes, recreational watercraft are permitted on the premises. Pick-up trucks must have a tonneau cover or topper if anything is being stored in the truck bed.
5. BOAT SLIPS: Boat slips are available for use during the occupancy period. The Guest must contact the Agent at least sixty (60) in advance of the occupancy period, to apply for the use of a boat slip and the boat slip fee schedule will apply.
6. OCCUPANTS: Rates are based on the maximum occupancy of two (2) persons per bedroom. If the Unit has a sofa bed two (2) additional occupants are permitted, at an additional rate of $6.00 per person, per day, which must be paid prior to commencement of occupancy term. No occupants other than those persons listed on the occupancy application shall be permitted to stay in the unit overnight unless prior approval is obtained from the Agent. Guests must be physically present in the unit in the event any other person occupies the unit overnight.
7. MAINTENANCE: Guests are required to report to the Agent any deficiency or damage in the unit immediately within 24 hours of checking in. If the office is closed when the discovery is made,
Guests should inform the Agent on the next business day. If the situation is an emergency, Guest should call the emergency contact number posted on the bulletin boards posted by the elevators. The Agent may be required to perform necessary maintenance projects in the unit or on the property during various times of the year. The Agent will do its best not to disturb the occupancy by Guest if maintenance work becomes necessary.
Amended 01-08-25
8. DAMAGES, INSURANCE, HOLD HARMLESS AND INDEMNIFICATION: Neither the Owner of the unit or Agent shall not be liable to Guest or to any other person for damages to property or for injury to persons in the unit or upon the condominium premises from any cause whatsoever, including defects in the premises or otherwise. Guest shall indemnify and hold harmless Owner of the unit and Agent from and against any and all liabilities, claims, expenses, fees, loss of use and actions of any and every kind and nature arising out of the use and occupancy of the unit and the condominium property by Guest or visitors of the Guest. Guests shall be solely responsible for safeguarding personal property kept in the unit or on the condominium property, including any motor vehicle parked on the premises. Neither the Owner of the unit or Agent shall have any responsibility or liability for the theft of or damage to or destruction of Guest’s personal property. Guest at his or her sole cost and expense shall be responsible for obtaining and maintaining insurance coverage on the Guest’s personal property located in the Unit or on the condominium property during the period of this Occupancy Agreement.
9. DEFAULT AND REMEDIES: The Owner of the Unit and/or Agent shall have the remedies provided by law including but not limited to those applicable to the public lodging establishment laws of the State of Florida, including right to demand the immediate removal of Guest and any visitors, in the event Guest or visitors breach any term, condition, covenant or restriction of the Occupancy Agreement. No waiver of any breach of any term, covenant, condition or restriction hereof, shall be taken or construed to be the waiver of any other or succeeding breach of the same or any term, condition, covenant or restriction hereof. The exclusive venue for any litigation arising under the Occupancy Agreement shall be in the County or Circuit courts in Sarasota County, Florida. In the event of a dispute, which cannot be amicably resolved via mediation, the Owner of the unit, Agent or Guest may initiate a lawsuit in Sarasota County. The prevailing party in any litigation shall be entitled to an award of prevailing party attorney fees and costs. THE OWNER OF THE UNIT, AGENT AND THE GUEST HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
10. UNIT ENTRY: Agent may enter the unit any time for protection or preservation of the unit, the building or the health or safety of other occupants including those in adjacent units. The Owner of the unit or its agents, including but not limited to Sunrise Cove Condominium Association, Inc. may enter the unit upon reasonable notice to the Guest and at a reasonable time for the purpose of repair of the unit, the building or for purposes of determining compliance with this Agreement. Agent shall not abuse the right of access nor use it to harass Guest.
11. REASSIGNMENT: Agent reserves the right to reassign Guest to a different unit in the condominium provided the unit is of similar size and otherwise substantially similar should the need arise.
12. KEYS and LOCKOUT POLICY: Guests will be provided with two (2) keys and two (2) FOBs per unit and one (1) key to the unit’s assigned mailbox, all of which must be returned to the Agent’s office prior to departure. Guests will be responsible for cost ($10 per key) to replace any lost key(s). Guests shall not have duplicate keys made. Guests will be responsible for cost ($25 per FOB) to replace any lost FOB(s). Guests shall not have duplicate keys made. In the event the Guest is locked out due to their negligence and it becomes necessary to call a locksmith, the Guest will be responsible for all associated costs.
Amended 01-08-25
13. HOUSEKEEPING: No bathing suits, towels, rugs, clothing, or laundry of any kind shall be hung or stored on walkway or balcony/lanai railings. No shoes, chairs, bikes, fishing, or any type of sporting equipment, etc. shall be left or stored on walkways or walkway railings.
14. SWIMMING POOLS: Pool rules are posted at each of the two swimming pools, including hours of use so that everyone may safely enjoy the use of the two pools. A copy of the pool rules will be provided to you via email and a copy will also be included in your welcome information packet upon arrival. Guests must accompany any visitor they invite to the pools.
15. SMOKING POLICY: Smoking/vaping is NOT PERMITTED in the Unit, including the lanai. Also smoking/vaping is prohibited at the two pools within the confines of the fences and in all Clubhouse rooms.
16. DEPARTURE: Guests are required to complete the following prior to departure: (a) remove and dispose of all trash; (b) place bed linens and towels in laundry basket; (c) place dirty dishes/silverware in the dishwasher and start the wash cycle; (d) close any open windows and the outside lanai sliding doors; and (e) lock front door and return all keys to the Rental Office.
17. FLORIDA STATUTE REQUIREMENT: Florida Statutes 404.056(5) requires the following statement to be included in this Agreement for Guest occupying the unit 45 days or longer: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit.”
18. MARKETING AND COMMUNICATIONS PERMISSIONS: Your email will be used to send periodic newsletters, promotions, and other information relating to marketing and communications. At any time, you may unsubscribe from these communications using the link at the bottom of emails or contact us directly.
19. ENTIRE AGREEMENT: This Agreement and its exhibits supersedes all prior oral representations and contains all the terms and conditions agreed to be and between the parties. This Agreement may not be modified, except by an instrument in writing signed by the Guest and Agent. All notices by Guest or Agent shall be in writing sent by email, fax, or United States mail.
Agent Information
Mailing Address: 8877 Midnight Pass Road, Sarasota, Florida 34242
Email Address: Office@sunrisecove-siestakey.com
Phone: (941) 349-4955
Fax: (941) 349-4379
Amended 01-08-25
SUNRISE COVE CONDOMINIUM ASSOCIATION, INC.,
X___________________________ Date: _______________
Authorized Agent Signature
X ___________________________ Date: _______________
Guest Signature
X____________________________
Guest: Print Name
Note: Print the names of all those who will occupy the unit during the occupancy period, other than the Guest who signed the Occupancy Agreement above.
X ______________________________________________________
X ______________________________________________________
X ______________________________________________________
X ______________________________________________________
Amended 01-08-25