1. OCCUPANT: (“Occupant”) agrees as follows:
2. PROPERTY: Occupant rents, for:
purposes only, the furnished real property and improvements described as: 2948 Chicago Ave South Suite #300, situated in Minneapolis(City), County of Hennepin, Minnesota (“Premises”). The premises can be described asan upstairs loft space and multipurpose room downstairs.
3. ARRIVAL AND DEPARTURE:
Arrival: (Date) at (Time)
Departure: (Date) at (Time)
PAYMENTS: Occupant agrees to the following payments:
A. The Premises will not be held for Occupant until both the reservation fee and this Agreement signed by Occupant haveactually been received. Once paid, the reservation fee is for services rendered in entering into this Agreement and is NONREFUNDABLE.
6. BALANCE DUE; LATE CHARGE: If any amount due is not received by the applicable Payment Due Date, Owner may, at Owner's or Owner's Representative's sole discretion, either terminate this agreement and refund to Occupant all payments except the reservation fee, or impose a late charge of $100.
7. SECURITY DEPOSIT:
A. All or any portion of the security deposit, upon termination of occupancy, may be used as reasonably necessary to: (i) cure Occupant's default in payment of rent, non-sufficient funds (“NSF”) fees or other sums due; (ii) repair damage, excludingordinary wear and tear, caused by Occupant or Occupant's guests or licensees; (iii) clean the Premises; and (iv) replace orreturn personal property or appurtenances.
B. Within three weeks after Occupant vacates the Premises, Owner shall: (1) furnishOccupant an itemized statement indicating the amount of any security deposit (i) received, (ii) withheld and the basis for itsdisposition, and (iii) withheld pending receipt of utility, phone and bills; and(2) return any remaining portion of the security deposit to Occupant.
C. No interest will be paid on the security deposit unless required by local ordinance.
D. If the security deposit is held by Owner, Occupant agrees not to hold Owner's Representative responsible for its return. If thesecurity deposit is held by Owner's Representative and the security deposit is released to someone other than Occupant, thenOwner's Representative's only duty shall be to notify Occupant, in writing, where and to whom the security deposit has beenreleased.
8. CANCELLATION; REFUND: If Occupant cancels or otherwise terminates this Agreement prior to the latest Payment Due Date,all payments except the reservation fee will be refunded to Occupant. If Occupant cancels or otherwise terminates thisAgreement after the latest Payment Due Date, Occupant shall be responsible for rent, commission to Owner's Representativeand all marketing and preparation costs necessary to ready the Premises for re-rental.
9. HOLDING OVER: Occupant agrees there shall be no holding over or late departure without prior approval.Any unauthorized holding over by Occupant shall be subject to a charge of 1 and 1/2 times the daily prorated rent (or Yes, if checked ) (“Holdover Rate”), plus any additional damages incurred. Latecheck-outs will be charged 50% of the Holdover Rate (or Yes, if checked )
10. CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon termination of occupancy,Occupant will deliver the Premises in the same condition less ordinary wear and tear. If Occupant does not return the Premises in the same condition, a(n) (additional) charge will be deducted from the security deposit.
11. NO PETS: Pets are not allowed on the Premises. If an unauthorized pet is on the Premises, (i) Occupant is responsible for all damage caused by the pet, (ii) Occupant, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it, (iii) Occupant is in breach of this Agreement, and (iv) Occupant forfeits its right to return of any security deposit.
12. NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Occupant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises; (iii) Occupant is in breach of this Agreement; and (iv) Occupant forfeits its right to return of any security deposit.
13. NSF CHECKS: If a check is returned NSF, Occupant shall pay $25.00 as an NSF fee. Occupant agrees that this charge represents a fair and reasonable estimate of the costs Owner may incur by reason of Occupant's NSF payment. An NSF check will result in cancellation of this Agreement if the required payment is not made by the applicable Payment Due Date.
14. CONDITION OF PREMISES: If Occupant has not viewed the Premises prior to entering into this Agreement, Occupant shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediatelyreport, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Occupant the right tocancel this Agreement or receive a refund of any payments made.
15. UTILITIES: Owner is to pay for all utilities except as follows:
Yes Recording Studio Addendum (HTB Form RSA)
16. RULES; REGULATIONS: Occupant agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Occupant. Occupant shall not, and shall ensure that guests and licensees of Occupant shall not: (i) disturb, annoy, endanger, or interfere with other occupants of the building in which Premises is located or its neighbors; (ii) use thePremises for any unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicitdrugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
17. TICKETED EVENTS: Yes (if checked) Occupant will issue any and all tickets through Hit The Block Entertainment’s selected ticket distribution service. If unauthorized tickets are sold for an event on the Premises (i) Occupant, Authorized Guests and all others may be required to immediately leave the premises or be removed from the premises; (ii) Occupant is in breach of this Agreement; and (ii) Occupant forfeits its right to return of any security deposit.
18. MAINTENANCE: Occupant shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Occupant shall immediately notify Owner or Owner's representative of any problem, malfunction or damage. Occupant shall pay for all repairs or replacements caused by Occupant, guests and licensees of Occupant, excluding ordinary wear and tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner. Occupant shall pay for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
19. ALTERATIONS: Occupant shall not make any alterations in or about the Premises including, but not limited to, moving furniture,painting, wallpapering, adding or changing locks, installing antenna or satellite dishes, using screws, fastening devices, large nails or adhesive materials without prior authorization.
A. Owner and Owner's representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Occupant has complied with the terms of this Agreement; or (iii) in case of emergency.
B. Owner and Owner's representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, mortgagees, lenders, appraisers or contractors.
21. NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is sublet, (i) Occupant, Authorized Guests, assignee's, sublessee's and all others may be required to immediately leave the Premises, or be removed from it; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return of any security deposit.
22. UNAVAILABILITY: If for any reason beyond the control of Owner or Owner's Representative, the Premises is unavailable, Owner or Owner's Representative may substitute a comparable unit or cancel this Agreement and refund in full to Occupant all payments made.
23. OCCUPANT'S OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy,
Occupant shall: (i) give Owner all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Owner empty of all persons; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Owner in the same condition less ordinary wear and tear as received upon arrival.
24. PERSONAL PROPERTY AND INJURY:
A. Owner Insurance: Occupant's or guests' personal property, including vehicles, are not insured by Owner or, if applicable, 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.
B. Occupant Insurance: Owner recommends that Occupant carry or obtain insurance to protect
Occupant, guests and licensees and their personal property from any loss or damage.
C. Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless 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.
25. 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.
26. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Occupant, each one shall be
individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Occupant.
27. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Occupant are
incorporated in thisAgreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not becontradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that thisAgreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may beintroduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to beinvalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not beconstrued as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed inaccordance with the laws of the State of Minnesota. Minnesota shall have personal jurisdiction over the parties and the county inwhich the Premises is located shall be the forum for any legal action brought in relation to this Agreement.