Come enjoy the San Diego sunshine, poolside with gorgeous tropical plants and palms! You will love this large non-smoking, 2000 square foot, 4 bedroom, 2 bath recently renovated family home! Hardwood floors and high-end appliances. It has an open-style kitchen. There is a large formal dining table as well as a casual dining space in the great room. Wood burning fireplace and central heating, large 55” HD flat screen TV, DirectTV extra, and DVD/BluRay player. Great for families (with kids).
- No other guests, visitors or persons are permitted. If the House is used, in any way, by more or different persons than those identified in this paragraph, (i) Occupant is in breach of this Agreement, (ii) Occupant and all others may be required to immediately leave the House or be removed from the House and (iii) Occupant forfeits its right to return of the security deposit and any other amounts paid under this Agreement. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the House and removal of Occupant without refund. The Occupant identified hereunder is the person who will occupy the House throughout the Use Period and must be present at the House on the Arrival Date and take full responsibility for the House. The Occupant is liable for any and all damage caused to the House during the Use Period irrespective of whether or not caused or permitted by Occupant or other parties. Parents may not book the House for the exclusive use of their adult children. Small children are the responsibility of the Occupant. Children should not roam free on porches, in yard, in pool, climb on furniture, hang out of windows, or engage in other unsupervised activities. Occupant takes full responsibility for all lost or broken items, and any damage to the House of any kind.
- 1. HOUSE INSPECTION. Occupant shall, on arrival, examine the House, all furniture, furnishings, appliances, and fixtures and shall report in writing to Owner any problems within 24 hours of check-in for the prior guest to be held responsible. Reporting repairs does not give the Occupant the right to cancel this Agreement or receive a refund of any payments made.
- 1. CLEANING. The House will be delivered to Occupant in a professionally cleaned condition. Occupant shall notify Owner immediately if this is not the case and cleaners will be deployed to the House to meet said standard as soon as possible. Upon termination of occupancy, Occupant will deliver the House in the same condition less ordinary wear and tear; the House should be left with dishes washed and put away, spills wiped up, and trash removed. If Occupant does not return the House in the same condition, an additional charge will be deducted from the Security Deposit.
- 1. USE OF HOUSE. Occupant agrees to comply with any and all rules and regulations that are at any time posted on the House or delivered to Occupant. Occupant shall not, and shall ensure that guests or licensees of Occupant shall not (i) disturb, annoy, endanger or interfere with other occupants in homes surrounding the House, (ii) use the House for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband; (iii) violate any law or ordinance, including without limitation, any regulations established by the homeowner; or (iv) commit waste or nuisance on or about the House. Violation of this provision will result in immediate eviction without refund, and Occupant will be held liable for any damages to the House, contents and grounds. Occupant shall reimburse Owner for any fines or charges imposed due to any violation by Occupant or its guests or licensees. NO PARTIES ARE PERMITTED in the House; this includes occupancy greater than that on the reservation and any excessive noise at any time day or night. Violators will be removed from the Property immediately, and prosecuted for damages and losses.
- 1. USE OF POOL AND PLAY STRUCTURE. The House is improved with an in-ground pool and a play structure designed for children (the “Recreational Amenities”). Occupant acknowledges that the Recreational Amenities, while providing exercise, recreation and relaxation, can also be dangerous. People (as well as children and pets) can be severely injured or die as a result of improper use of the Recreational Amenities, i.e. people may drown if the pool/spa is not properly used. Occupant is strongly cautioned that they, their family and other guests adhere to the following safe practices in connection with the Recreational Amenities: (i) no diving into the pool/spa, (ii) no intoxicated persons or pets may use the pool/spa, (iii) the pool/spa should not be used alone, and (iv) children should never be left unattended such that they gain access to the Recreational Amenities, not even for a few seconds – Occupant acknowledges that the pool does NOT have a safety fence and that Occupant must exercise particular caution with children and pets near the pool area. Owner cannot assure the safety of persons using the Recreational Amenities and NO LIFEGUARD WILL BE ON DUTY. As a consequence, Occupant shall use the Recreational Amenities AT THEIR OWN RISK and assume all liability related to the use of the Recreational Amenities by Occupant, their guests, pets and children. Occupant agrees to release, indemnify, hold harmless and forever discharge Owner and Owner’s agents from any and all claims, liabilities or causes of action of any kind that Occupant, members of Occupant’s household or guests or invitees of Occupant may have at any time against Owner or Owner’s agents related to Occupant’s use of the Recreational Amenities. By initialing below, Occupant acknowledges the foregoing release, liability waiver and indemnification provisions:
- 1. NO PETS. Pets are not allowed. If an unauthorized pet is in the House, (i) Occupant is responsible for all damage caused by the pet, (ii) Occupant, authorized guests, pets and all others may be required to immediately leave the House, or be removed form it (iii) Occupant is in breach of this Agreement and (iv) Occupant forfeits its right to return of any Security Deposit.
- 1. NO SMOKING. No smoking is allowed in the House. If smoking does occur in the House, (i) Occupant is responsible for all damage caused by the smoking, including, but not limited to, stains, burns, odors or removal of debris; (ii) Occupant, authorized guests and all others may be required to immediately leave the House, or be removed form it (iii) Occupant is in breach of this Agreement and (iv) Occupant forfeits its right to return of any Security Deposit.
- 1. MAINTENANCE. Occupant shall properly use, operate and safeguard the House including any furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Occupant shall immediately notify Owner of any problem, malfunction or damage. Occupant shall pay for all repairs ore replacements caused by Occupant, guests or licensees of Occupant, excluding ordinary wear and tear. Occupant shall pay for all damage to the House 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 the sewer lines.
- ALTERATIONS. Occupant shall not make any alteration in or to the House, including, but not limited to, moving furniture, painting, adding or changing locks, or using screws, fastening devices, large nails or adhesive materials.
- ENTRY. Owner and Owner’s representatives have the right to enter the House, at any time, (i) for the purpose of making necessary and agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services, including without limitation, pool and landscape maintenance on a routine basis; (ii) to verify that Occupant has complied with the terms of this Agreement; or (iii) in the case of emergency. Occupant shall not interfere with the access of third parties to the House for purposes of performing maintenance-related services to the pool and outdoor area; Occupant acknowledges that such services are essential to maintaining the quality of the House and related improvements and that such providers have the right to access the House in accordance with their maintenance schedule.
- 1. ASSIGNMENT AND SUB-LETTING. Occupant shall not assign this Agreement, sub-let any part of the House or otherwise grant any rights to the House. If this provision is violated, (i) Occupant, guests, assignees or sublessees and all others may be required to immediately leave the House, or be removed form it, (ii) Occupant is in breach of this Agreement and (iii) Occupant forfeits its right to return of any Security Deposit.
- 1. LIMITATIONS ON RENTAL. Owner will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television and Internet, flooding, construction at adjacent properties, evacuation of the House area due to natural disasters, etc. There will be no relocation, rental proration or refund in the event of such circumstances. In the event Owner is unable to deliver the House to Occupant because of fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of lack of utilities, Occupant agrees that Owner’s sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Occupant. Occupant expressly acknowledges that in no event will Owner be held liable for any other condition out of the control of Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
- 1. OCCUPANT’S OBLIGATIONS UPON TERMINATION OF OCCUPANCY. Upon termination of occupancy, Occupant shall (i) make sure all doors are locked and return keys to the original place retrieved, (ii) vacate the House and surrender it to Owner empty of all persons, (iii) vacate any and all parking and/or storage space and (iv) deliver the House to Owner in the same condition less ordinary wear and tear as received upon arrival.
- PERSONAL PROPERTY LOSS. Owner is not responsible for insuring Occupant’s personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Occupants are solely responsible for personal property left in or about the House. Owner shall not be held liable under any circumstances for any damages to, or loss of property.
- 1. PERSONAL PROPERTY LOSS. Owner is not responsible for insuring Occupant’s personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Occupants are solely responsible for personal property left in or about the House. Owner shall not be held liable under any circumstances for any damages to, or loss of property.
- 1. INDEMNIFICATION. Occupant agrees to indemnify, defend and hold harmless Owner from all claims, disputes, litigation, judgments, costs and attorneys fees resulting from loss, damage or injury to Occupant, Occupant’s guests or licensees or their personal property.
- SMOKE DETECTION AND CARBON MONOXIDE DETECTION DEVICES. The House is equipped with a functioning smoke detection device(s) and a functioning carbon monoxide device. Occupant shall be responsible for testing the devices upon arrival and immediately reporting any problems, maintenance or need for repairs to Owner. Owner shall have the right to enter the House to check and maintain the devices as provided by law
- 1. ATTORNEYS’ FEES. If any legal action or proceeding is brought by either party to enforce any part of this Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorneys’ fees and court costs.
- 1. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of California. California shall have personal jurisdiction over the parties and San Diego County shall be the forum for any legal action brought in relation to this Agreement. 2. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 3. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 4. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Occupant or Owner. 5. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 6. NON-WAIVER. No indulgence, waiver, election or non-election by Owner under this Agreement shall affect Occupant’s duties and liabilities hereunder. The waiver of either party of any breach shall not be construed to be a continuing waiver of any subsequent breach. The receipt by Owner of the rent with the knowledge of any violation of a covenant or condition hereto shall not be deemed a waiver of such breach. No waiver by either party of the provisions herein shall be deemed to have been made unless expressed in writing and signed by all parties to the Agreement. 7. ENTIRE AGREEMENT. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. Neither Owner, nor any agent of Owner, has made any representations or promises other than those set forth herein. 8. DATABASE DISCLOSURE NOTICE: The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a “900” telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900” telephone service. Additional information about sex offenders may be displayed on the Internet at (URL HIDDEN) 9. JOINT AND SEVERAL LIABILITY. If there is more than one Occupant, each one shall be jointly and severally liable for all obligations under this Agreement.
We are a local family of three, George, Cami and our daughter Sydney, who purchased this gorgeous waterfront property as our dream home. I grew up surfing and boogie boarding these beaches and still only live 5 minutes inland from the beach. We lived down in Mission Beach our first year married in 2007, and spent lazy days rollerblading and biking on the boardwalk and playing sand volleyball all weekend. We still go to the beach house any time it is vacant. We hope you get to visit and love it as much as we do. :)