Caretaker Agreement j5163

CARETAKER AGREEMENT The agreement is made between Prestige Properties and _____________________ ______________________________(collectively the “Caretaker”). Whereas, Prestige Properties is a property management company engaged in the business of managing and caring for fine Homes in the Dallas/Fort Worth area. Whereas, Caretaker desires to occupy and manage such fine Homes. The parties agree as follows: 1.

Property. Caretaker agrees to occupy and manage the residential

Property having the following common address:_________________________________ ________________________________________________________________________ ___________________________________________________ (the “Home”). 2.

Caretaker’s Dues. In consideration for the privilege of managing and occupying

the Home, Caretaker shall pay Prestige Properties dues of $ ___________ per monthly on the first business day of each calendar month during the term of this Agreement (the “Dues"). A $50.00 late fee will be added if payment of Caretaker’s fee is not received by the third of the month. PAYMENT IS DUE ON THE FIRST OF EVERY MONTH. A second violation will be grounds for forfeiture of deposit. In addition to the Dues, Caretaker shall pay Prestige Properties at the time of execution of this Agreement a one time istrative fee in the amount specified by Prestige Properties. 3.

Term. This Agreement shall commence on __________________, 20______,

and continue until terminated as provided herein.

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4.

This Agreement shall terminate on the earlier occurrence of any of the following: a.

Failure of Caretaker to pay monthly Dues in a proper and timely manner.

b.

Failure of Caretaker to comply with all of the Occupancy Guidelines.

c.

Damage or peril to the Home cased by any intentional or negligent act or omission of Caretaker or the Dependents.

d.

Thirty days notice given by either party to the other party.

e.

The Home is sold or the Homeowner’s contract with Prestige Properties is otherwise terminated.

5.

Dependents. Caretaker shall cause the Dependents to comply with the

Occupancy Guidelines. The following persons (collectively the “dependents”) shall have the privilege of residing with Caretaker. Relationship

Name

Age

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6.

Guidelines. Caretaker agrees to occupy and manage the Home pursuant to the

and conditions set forth in this Agreement and the Occupancy Guidelines. Failure to do so may cause forfeiture of deposit. a.

Caretaker shall timely pay all utilities, including but not limited to gas, electricity, telephone, sewer, water, garbage pickup incurred during the term of this Agreement. Utility companies should be ed at least three (3) business days prior to your move in order to put service into your name. You shall then provide Prestige Properties with all numbers and make Prestige Properties named for access to all utility s.

b.

Prestige Properties and Caretaker shall indemnify (make good) and hold each other harmless from any damages to the Home or personal injury caused by the intentional acts or negligence of the other party.

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c.

All properties are offered to Caretaker on an ‘as is’ basis. Prestige Properties is not responsible for ‘making good’ any pre existing problems with property.

7.

Caretaker agrees that this Agreement shall apply to all residential properties

(collectively the “Homes”) subsequently occupied by Caretaker in agreement with Prestige Properties. The parties shall be bound by the of this Agreement concerning all Homes occupied by Caretaker without the necessity of executing new, separate agreements for each Home. 8.

Prestige Properties is not a landlord, sublessor, lessee, or sub lessee of the

Home. Prestige Properties’ duties to Caretaker are limited to locating and placing Caretaker in the Home. The Caretaker is not an employee of Prestige Properties, but rather Caretaker is an independent contractor. Prestige Properties is an independent contractor. 9.

Compliance. Caretaker agrees to comply with all federal, state and local laws

relating to the use and occupancy of the Home. 10.

Rules. Caretaker agrees to comply with any deed restrictions, Homeowners

association rules and reasonable personal needs of Homeowner which are disclosed in writing to Caretaker. 11.

Insurance. Caretaker shall maintain liability insurance (renter’s insurance)

protecting Caretaker against liability for property damage to the Home and personal injuries to third parties in the amount of $300,000 per occurrence. Caretaker will provide Prestige Properties with a copy of Caretaker’s certificate of liability insurance in sufficient form to enable Prestige Properties to coverage. Caretaker is responsible for insuring their own contents.

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12.

Brokers. Caretaker agrees to cooperate with real estate agents and brokers in the

showing of the Home and to leave the Home when it is being shown to perspective buyers. 13.

Effect of Termination. On termination of this Agreement, the following will

apply: a.

Caretaker shall promptly deliver to the Prestige Properties all keys, gate and garage door openers to the Home, and all other items of property which are owned by Homeowner and found in Caretaker’s possession.

b.

Caretaker shall vacate the Home.

c.

Caretaker’s right to occupy and manage the Home shall cease.

d.

Any relationship created under this Agreement between the parties shall cease unless and until Prestige Properties requests Caretaker to occupy and manage another Home and Caretaker agrees to do so.

e.

The indemnity provisions of the Agreement shall survive the termination of this Agreement.

14.

Mailing and Notice Requirements. All written notice and consents provided for

in this Agreement shall be delivered in person or by ed or certified mail, postage prepaid and return receipt requested. A notice or other written communication is deemed to be received on personal delivery or on the third day after deposit in the United States mail. All written communications shall be addressed to the Caretaker as follows: To Caretaker:

______________________________________________________ ______________________________________________________

To Prestige Properties:

25 Highland Park Village Suite 100 Dallas, Texas 75205-2785

Either party may notify the other of a change of address by using the procedures provided in the aforementioned paragraph.

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15.

Parties Bound. This Agreement shall be binding on an inure to the benefit of the

parties to this Agreement and to their respective heirs, executors, s, legal representatives, successors, and assigns except as otherwise expressly provided in this Agreement. 16.

Time of Essence. Time is of the essence in this Agreement.

17.

Nonwaiver. No delay or failure to exercise a right under this Agreement and no

partial or single exercise of a right under this Agreement shall constitute a waiver of that right or any other right under this agreement. 18.

Modification of Agreement. No modification of this Agreement shall be valid

unless it is in writing and signed by both parties. 19.

TEXAS LAW TO APPLY. THIS AGREEMENT SHALL BE CONSTRUED

UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT ARE TO BE PERFORMED IN DALLAS COUNTY, TEXAS. 20.

Counterparts; One Agreement. This agreement and all other copies of this

Agreement shall be deemed to be one agreement. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21.

Prior Agreements Superseded. This agreement constitutes the sole agreement of

the parties to the Agreement and supersedes any prior understandings or written or oral agreements between the parties relating to the subject matter of this Agreement. 22.

Legal Construction. If a court of competent jurisdiction holds any one or more of

the provisions contained in this Agreement to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision

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and this agreement. In that situation, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in the Agreement. 23.

Resolution of Disputes. If there is a dispute between the parties, both parties shall

attempt in good faith to resolve the dispute to their mutual satisfaction. If the parties are unable to resolve the dispute between themselves, they shall select a mutually acceptable mediator to help resolve the dispute. If any party refuses to engage in mediation, the dispute shall be submitted to binding arbitration. 24.

Attorney’s Fees. If any action of law or in equity, including an action for

declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the other party in addition to any other relief that may be awarded. The court may award attorney’s fees and costs in the trial of the action or in a separate action brought to litigate the issue of attorney’s fees and costs. Executed on this ______________________day of _________________, 20_____. Caretaker: __________________________________

___________________________________ (Spouse)

__________________________________

___________________________________

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Prestige Properties: __________________________________ __________________________________

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