E XCLUSIVE R ENTAL M ANAGEMENT A GREEMENT

1. PART I E S . This Exclusive Rental Management Agreement (the Agreement) is between

{Owner} (Owner) and {Broker}, including its agents and successors (Broker) and is effec-
tive as of _________ ___, 2017.

2. E XCL U S I V E R I G HT T O R E NT, L E AS E , A ND M A NA G E . Owner appoints Broker as

the exclusive agent to rent, lease, operate, control and manage the property {Address} (the
Property). The Property includes the entire premises in full unless any areas such as sheds,
storage closets, garages, attics, crawl spaces, other storage areas or rooms are specifically ex-
cluded by Owner in writing.

3. T E RM . This Agreement shall begin on ________________ (the Effective Date) and will
be in effect for one (1) year. This Agreement shall automatically renew for successive one (1)
year periods at the anniversary of the Effective Date if there has not been at least thirty (30)
days written notice of termination prior to the next term given by either party.

4. T E RM I N AT I O N B Y O W N E R . Termination is effective when actually physically received

by Broker, by certified mail. If this Agreement is terminated by Owner, the Broker shall continue
to receive the management commission set forth below in paragraph 28 if the tenant(s) placed in
the Property by Broker shall remain in the unit. If this Agreement is terminated by Owner, the
Brokers rights provided for in this Agreement shall survive such termination. All monies ex-
pended by Broker shall be paid to Broker prior to cancellation and Broker may withhold any
sums owed to Broker from monies held prior to the final disbursement to Owner. An additional
cancellation fee of ${CancelFee} will be charged to Owner should Owner terminate this Agree-
ment prior to the expiration of a term. However, if Broker has not procured a tenant within
{DaystoRent} days of the Property being available for rent, Owner may terminate this Agree-
ment with no penalty.

5. T E RM I N AT I O N B Y B R O KE R . Broker may terminate this Agreement with thirty (30)

days written notice to Owner, or immediately with written or verbal notice if in the opinion of
Brokers legal counsel, Owners actions or inactions violate this Agreement, are illegal, improp-
er, jeopardize the safety or welfare of any tenants or other persons, code violations occur on the
property, a foreclosure action is filed against the Owner, or Owner is delinquent in the payment
of any taxes, fees, assessments, bills, fines, or any other financial obligation related to the Prop-
erty or the Broker. Broker may, at its option, continue to hold Owner liable for any commissions
due, fees due, or monies owed to Broker if the tenant(s) remain in the Property after such termi-
nation by Broker. If termination occurs, Owner shall immediately hire another property manager
or provide Broker with a Florida bank account for Broker to transfer any deposits held on behalf
of the tenant(s).

6. D E P O S I T S . According to Florida law, deposit money must be held in a Florida bank. If

Owner is holding these funds, Owner shall comply with Florida law as to the manner in which
the funds are held and will comply with the law pertaining to the disposition of the deposit when
the tenant(s) vacate. Owner will hold Broker harmless for Owners failure to comply with Flori-
da law and indemnify Broker if tenant(s) institute legal action against Broker regarding the de-
posit.
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7. R E NT A M O U N T . Broker will use its best efforts to rent with these terms:
a. Minimum Security Deposit: ${SecDep}
b. Minimum Rent: ${MinRent}

Any deviation from these terms must be agreed upon by all parties in writing. Owner agrees to
hold Broker harmless for any failure to secure tenant(s) for the Property, any cancellation by the
tenant(s), and/or failure to collect any rents or monies due from the tenant(s). Owner understands
and agrees that a tenant cannot be forced to pay anything. Unless otherwise modified in writing,
rental rates will be the current market rate as determined in the sole judgment of Broker but no
less than outlined above, unless Owner agrees to a reduced amount in writing.

8. I NS UR A N C E /F E E S /TA X E S /C HA R GE S . Owner shall pay directly any condomini-

um/home owners association fees, taxes, insurance, mortgage, assessment, and other charges.
Broker is not responsible for paying these sums on behalf of Owner unless there is a written
agreement to the contrary. Owner agrees that they shall maintain public liability insurance cover-
age on the Property in an amount not less than $100,000 per person and $300,000 per occurrence
and shall furnish Broker with proof of insurance and a copy of the declaration page. Owner must
notify the insurance company that the Property is used as a rental. Owner agrees to and does in-
demnify and hold harmless Broker, its employees, agents and assigns from any claims, suits,
damages, costs, losses and expenses arising from the management of the Property and from any
injury to persons and/or property on or about the Property, unless due to Brokers negligence.
Owner agrees to indemnify Broker from any damages suffered because of any lapse in, or failure
by Owner to maintain insurance coverage. If tenant(s) are required to purchase renters insur-
ance, Owner agrees and understands that tenant(s) may discontinue coverage without notice to
Broker and renters insurance is primarily for the tenant(s) personal property, not the Property
or injury to persons on the Property or damage to the Owners property. If the Owner requires
the tenant(s) to purchase renters insurance, Owner must direct Broker in writing prior to the
lease signing and must specify what type of renters insurance is required. Owner agrees to hold
Broker harmless for any damages suffered because of any lapse in or failure by tenant(s) to
maintain insurance coverage.

9. D O G S . Owner affirms that dogs {DogInsur}(are/are not) covered by the Owners liability
insurance. Owner is responsible for verifying this with their insurance agent. Owner agrees and
understands that Service Animals for persons with disabilities are not considered pets and must
be allowed. No pet rent, pet deposit, or pet fee can be collected for a Service Animal.

10. U T I L I T I E S . If allowed by law and unless otherwise agreed to by the parties, tenant(s)
must have all utilities in their own name. In any lease where the tenant(s) shall have use of the
Owners utilities and be responsible for all or part of the bill(s), Owner shall pay the entire bill
promptly and forward copies to Brokers office for reimbursement. Under no circumstance shall
Owner cause the termination of these services and Owner agrees to indemnify Broker for any
damages or legal fees/costs incurred by Broker if Owner improperly terminates a utility service.
Florida law specifically prohibits the direct or indirect termination of utilities, and utilities are
defined broadly. Broker will deduct bills to the extent the funds are available and Owner agrees
that Broker shall be in no way responsible for nonpayment of, or theft of, any utility service by
tenant(s). At the request of Broker, Owner may have to have water and electric service turned on

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if the Property is not occupied this is to allow for proper showings and maintenance of the
Property. Owner has agreed that it has disclosed in writing any issues regarding utilities, includ-
ing water quality problems.

11. F UN D S . Any monies collected or received by Broker will be held in Brokers bank ac-
count(s) and interest, if any earned, and permitted by law to be retained by Broker, shall be paid
to Broker for administrative services. Broker shall remit payments to Owner only after funds
paid by tenant(s) have cleared Brokers bank account. This is usually {DaystoPay} days after
funds are deposited.

12. AT TOR N E Y S F E E S /L E A S E D R A FT I N G . In the State of Florida, a Broker is not al-

lowed by law to draft a lease, therefore, there will be an administrative charge to the Owner of
${LegalFee}for attorney's fees for preparation of the lease. The law firm preparing the lease will
be Eldredge and Davis, P.A., 21 Old Kings Road North, Suite B-212, Palm Coast, Florida 32137,
(386) 445-2211. The charges to cover these attorney's fee(s) and administrative charge will be
collected from the first monies received if Broker does not currently have the funds from Owner
to pay this. The attorney will be available to Broker and Owner at no charge for phone and email
consultations if a dispute occurs with the tenant(s) or related issues and will provide a reduced
price eviction if attorney files an eviction for Owner.

13. C O ND OM I N I U M /H OM E O W N E R S A S S OCI AT I O NS . In a condominium unit, the lease

shall be subject to the Declaration of Condominium pertaining thereto and the rules and regula-
tions of the Association and Board of Directors and, further, the Owner shall be responsible for
providing Broker with all rules and regulations, and for payment of any recreation fees, liens,
deposits, and/or other fees, fines levied by the association, or assessments and Owner agrees to
indemnify Broker for payment of same. If the tenant(s) violate the rules and regulations and the
association or board levies fines or assessments against the Owner, Owner agrees that Broker is
not liable for the payment of any fees, fines, or assessments imposed by the HOA or Condo As-
sociation. Broker will make its best efforts to legally force tenant(s) to comply with the Rules
and Regulations. If a Condo Association or HOA requires approval of the tenant and this ap-
proval is not granted or is delayed by the Association, Broker shall not place the tenant(s) in the
property. If Owner receives any correspondence from an association regarding any problems
with the tenant(s) or Rule or Regulation change, Owner shall immediately forward such corre-
spondence to Broker and confirm receipt by Broker.

14. F UR N I S H I N GS /WA R R A N T I E S . The Owner shall deliver a copy of the furnishings inven-
tory, if furnished or in the alternate, pay the Broker ${InvFee} to provide same. It is Owner's
responsibility to keep the inventory current. Owner is also to deliver copies to Broker of any ser-
vice contracts or warranties that exist. If no warranties or service contracts are received when this
Agreement is executed, Broker shall assume none exist. Owner will provide {#Keys} full sets of
keys, {#MailKeys} mail keys and at least one gate opener or garage door opener if applicable to
the Broker. In unfurnished units, Owner will provide basic window treatments and their hard-
ware or authorize Broker to purchase and install same. Screens on all windows are required by
Florida law and all windows must be operational. If tenant(s) demand screens or window repairs,
Owner agrees that Broker may purchase screens and/or make window repairs or replacements at
Owners expense.

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15. L AN D S C A PI N G . Even if tenant(s) are responsible in the lease for landscaping, Owner un-
derstands and agrees that drought, pests, and tenant neglect is common and it is difficult to ex-
pect the tenant(s) to maintain the landscaping as would the Owner. Owner is urged to have pro-
fessional lawn/landscaping service and holds Broker harmless for the tenant(s) failure to proper-
ly maintain the landscaping.

16. R E KE Y I N G . Broker has the authority to rekey the outside access doors at the discretion of
Broker, at Owner's expense.

17. L OC K B O XE S . Broker {Lockbox} (will/will not) utilize a lock box to access the Property.
Lockboxes are used to allow easy access to show the Property to prospective tenants. If a lock-
box is authorized, Owner shall release Broker and Brokers local Board of REALTORS from all
liability and responsibility in connection with any loss which may occur.

18. VA CA N T U N I T S . Vacant units are increasingly subject to vandalism, squatters, theft, and
damage to air conditioning compressors. Broker shall check and/or show vacant units at least
{#Showings} times per month. If more frequent checking is requested, this must be negotiated
separately between Broker and Owner and there may be additional charges. Under no circum-
stance will Broker be held liable for any loss or damage to the vacant Property. Owner knows
that often homeowner's insurance does not cover vacant properties and should consult their in-
surance agent.

19. L E AS E S I G N I N G . Owner hereby grants Broker, its agents, successors, and assigns the
authority and power of attorney to sign leases and other documents pertaining to the management
of the Property on behalf and in place of Owner. Owner hereby agrees that they will be bound by
such signature of Broker, its agents, successors, or assigns as if Owner has signed the lease or
other pertaining documents. Owners signature on this Agreement authorizes Broker to assume
Power of Attorney. The minimum lease term for the Property shall be one (1) year and the max-
imum shall be three (3) years.

20. C RE D I T R E P ORT S . Due to laws that affect disclosure of private and credit information,
Owner shall not be provided with the tenant(s) credit report and/or application unless specifical-
ly authorized in writing by the tenant(s) and the provider of the credit report.

21. S E CU R I T Y D E PO S I T /D A M A GE S /M I S S I N G I T E M S . Broker is not responsible for dam-

ages to the Property under any circumstance, or for items missing, switched out, lost or damaged,
due to, theft, vandalism, or negligence of tenant(s) or their guests. If tenant(s) damage the Prop-
erty or owe any monies to the Owner, Broker is given the authority to determine the amounts due
and to charge the tenant(s) so as per Florida Statutes 83.49 and/or settle with the tenant(s). Bro-
ker is given the power to make claims upon the security deposit on behalf of Owner and Broker
shall not be held liable for any failure to make claim(s) on any damages not readily apparent to
Broker. Owner understands and agrees that the security deposit belongs in full to the tenant(s)
unless a claim is made upon the security deposit and Broker is granted has the sole authority to
make claims as Broker deems appropriate. Owner shall not interfere with this process and shall
accept Brokers claim, if any, on the security deposit. If Owner is holding the security deposit,

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Broker shall have no responsibility for making any claims on the security deposit and Owner
shall be responsible for complying with Florida law.

22. P O OL S . Owner shall maintain a professionally licensed and bonded pool service for the
pool, if one exists, at Owners expense. If the Property is vacant or the lease requires the ten-
ant(s) to maintain pool service and the tenant(s) fail to do so, tenant(s) shall be in breach of the
lease and Broker may hire a pool service at Owners expense. Fair Housing laws prohibit us
from requiring tenants to sign a liability waiver or deny families with children to rent due to the
pool. If you have a pool, we recommend that you speak with your insurance agent about raising
your insurance coverage.

23. F O RC E M A J E U R E . Broker shall not be responsible to take any precautionary measures to

avoid any damages from any acts of God, including but not limited to floods, fires, tropical
storms, hurricanes, tornados, or sinkholes, unless agreed to in writing between Broker and Own-
er regardless of the presence of storm shutters or similar devices on the Property.

24. B RO K E R S A U T HO R I T Y . Broker has the right to manage the Property as the Broker
deems necessary, to conduct a background check on the tenant(s), to screen and approve or dis-
approve prospective tenant(s), to collect all rental and other funds that may be due to Owner, to
cooperate with other Brokers, to assign or sell the management account as Broker may see fit, to
require releases from all parties if a controversy occurs before disbursing funds, and to do all
those things Broker deems necessary for the efficient management of the Property, except for
authority or responsibilities retained by Owner in writing. If an applicant does not meet Broker's
rental criteria and Broker feels that Owner may wish to override Brokers judgment, Owner may
be given the opportunity to approve applicant based upon the information that Broker supplies
Owner. Broker has the authority to deliver, on Owner's behalf, any default notices to tenant(s) as
may be necessary. Any legal notices or institution of eviction or damage proceedings against
tenant(s), through the courts or otherwise, must be taken by the Owner individually or, with the
permission of Owner, Broker shall hire an attorney to perform the eviction. Broker does not
practice law. Costs and Attorneys Fees to evict tenant(s) will be paid by Owner when due and
Owner agrees to hold Broker harmless for same.

If tenant(s) vacate the Property owing rent under the lease or any renewals, and, if these monies
are collected in whole or part, Owner agrees that Broker is entitled to its commission on any
monies received and agrees to remit same to Broker. Broker is not a debt collector and shall be
under no obligation to collect monies owed and/or file a civil suit against tenant(s) for monies
owed when tenant(s) vacates.

25. A DV E RT I S I N G . Broker uses many methods to advertise the Property for rent and Owner
gives Broker the authority to use all legal means of advertising at the choosing of Broker and at
Brokers expense. In the event special advertising is desired by Owner or necessary in the opin-
ion of Broker, Owner may be presented with additional forms and means of advertising and if
Owner chooses, these methods can be used at Owners expense. Broker is not under any obliga-
tion to advertise the Property,but may do so.

26. R E PA I R S . Broker has the authority to spend, at Brokers discretion and without the neces-
sity of permission by or notification to the Owner, an amount not to exceed ${RepairLimit} (the

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Repair Limit) in any thirty (30) day period during this Agreement to purchase items, clean,
make repairs, and pay for same out of Owner's funds, and, if inadequate, Owner shall be billed
for the difference or the funds may be retained from any rent held or received and not yet dis-
bursed to Owner. After the tenant(s) vacate and funds become available for use from the ten-
ant(s) security deposit, Broker has the authority to spend up to the full monies claimed from the
tenant(s) security deposit to purchase items, clean, make repairs. If an emergency occurs (i.e. air
conditioning, heat, refrigerator, range, or plumbing) or any other repair the Broker deems an
emergency and or necessary in Broker's sole judgment for the safety of the tenant(s) or the wel-
fare of the property, Broker has authority to institute repairs, even if over the Repair Limit and
Owner agrees to be responsible for the sums expended.

27. R E PA I R A C C O U N T . To maintain the repair account, Owner will provide Broker with
${RepairAcct}. Broker may replenish the repair account from the rent held or received. If repairs
are made and funds are not sufficient, Broker shall withhold the amount disbursed from the next
ensuing rent payment or from any rent received but not yet forwarded to Owner. Broker will ar-
range for all repairs, inspections, maintenance and cleanings, unless Owner has notified Broker
in writing prior to the commencement of repairs to use someone that Owner has selected, and
Owner arranges with the third party directly. Owner agrees that they shall pay third party directly
and shall indemnify and hold Broker harmless for payment of same or for said vendors failure to
abide by state, local or federal law, or in the event of pre-1978 properties, the failure of such
vendor to not be certified under the Federal RRP Rules. At Brokers option, if there are not
enough funds to make a repair, Broker can require payment by Owner prior to making the repair
and Owner shall hold Broker harmless for any delay or failure to make a repair if the funds are
not available.

28. M A NA GE M E N T F E E S /O T HE R F E E S /C OM M I S S I O NS . Broker shall be entitled to a

commission of {CommFee}% from the monthly rent collected from the tenant(s), or retained
from the security deposit, or last month's rent, if owed by the tenant(s) upon vacating. This
commission shall be determined based on the base rent of the Property. Late charges, even
though deemed rent in the lease shall be split 50% to Broker and 50% to Owner. If tenant(s) ter-
minate the lease early and elect to pay liquidated damages or an early termination fee, such fee
shall be distributed 50% to Broker and 50% to Owner. All fees for posting legal notices, non-
sufficient bank fees, or missed maintenance appointments shall be distributed 100% to Broker.
Any sums due to Broker and remain unpaid for thirty (30) days shall accrue interest at 18% an-
nually, or the maximum legal rate.

29. P R OC U R E M E N T F E E . Owner agrees to pay Broker a one-time tenant procurement fee of

${ProcurFee}upon each new lease and tenant(s) taking possession for account set up, marketing,
processing, signage and other services.

30. M A ND AT ORY M I N I M U M M ON T HLY F E E . If the Property is vacant or tenant(s) fail to

pay the rent, Owner agrees to pay a minimum monthly management fee of ${MinFee}.

31. L E AS E R E N E WA L F E E . Owner agrees to pay Broker a lease renewal fee of ${Renew-

Fee} each time the lease is renewed with the same tenant(s) or the lease is assigned by tenant(s)
with Owners permission.

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32. P R OC E E D S . Broker shall send Owner the proceeds collected from the rental of the Proper-
ty minus the management commission, fees, and any costs and expenses provided for in this
Agreement when monies have cleared the Broker's bank. If a prospective tenant places a good
faith or holding deposit with Broker and then fails to take possession of the Property, said depos-
it shall be distributed 50% to Broker and 50% to Owner. To minimize legal disputes and liability
to both the Owner and the Broker, Broker retains the sole and exclusive right to refund any de-
posits to an applicant or tenant who has signed a lease upon the advice of Brokers legal counsel
and Owner agrees to hold Broker harmless for same. This is to avoid litigation for the Owner and
the Broker. Broker may send Owner proceeds by check, direct deposit, or ACH and also may
send all statements by email to Owner. Owner shall provide Broker with all necessary infor-
mation for ACH deposits. If Broker has sent proceeds to Owner and the tenant(s) payment is not
honored, Owner shall immediately refund such payment to Broker upon demand.

33. N O T I C E S . Whenever any notice is required in this Agreement by Owner to Broker, notice
must be in writing and mailed certified return receipt requested to Brokers address, and deemed
delivered upon actual physical receipt thereof, not date of mailing. In certain instances, Broker
may request communication by email, mail or fax and if so, such communication shall be bind-
ing and legally sufficient.

34. E NV I R ON M E N TA L H A ZA R D S /M OL D /B E DB UG S . Tenant(s) are increasingly suing

property owners and brokers for environmental hazards, including but not limited to, mold, de-
fective drywall, mildew, smoke odors, allergens, and other hazards which may be present on the
Property. Owner affirms no such hazards are known to be present on the Property. Owner agrees
to indemnify Broker in the event Broker is sued by tenant(s) for any injuries suffered on the
Property unless such injuries were due to Broker's actions. In the event tenant(s) complain of a
pest issue, water quality issues, mold, or any other environmental issue, Owner agrees to pay for
an inspection by a certified inspector to help defend Owner and Broker from claims made by the
tenant(s). Such inspection will not be performed unless the Owner is notified first and authorizes
the inspection.

35. P R E -1978 P R O PE RT I E S . Federal EPA rules require Broker to provide the tenant(s) with
a Lead Based Paint Disclosure and a booklet Protect Your Family from Lead in Your Home.
Owner grants Broker permission to sign the Lead Warning Statement Addendum as agent for
Owner.

36. L AN D L OR D C ON TA C T W I T H T E NA NT . Owner agrees and understands that if Owner

has any contact with the tenant(s) in person, by mail, by phone, or otherwise, in the event of a
legal dispute which results in litigation, the chances become extremely high that the Owner will
have to testify in person in court. Broker strongly urges that all contact with tenant(s) be made by
and through Broker. Owner agrees that contact with the tenant(s) may be grounds for Broker
terminating this Agreement and continuing to hold Owner liable for all commissions due.

37. C O L L E C T I ON S /S M A L L C L A I M S C O U RT . Broker is not an attorney or licensed debt

collector and shall not engage in any collection activity, including but not limited to, Small
Claims Court or placing the account with a collection agency on behalf of Owner for monies that

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may be owed by tenant(s) after tenant(s) vacate, or for prosecuting checks or money orders from
tenant(s) that may be returned NSF, closed account or stop payment. Owner may hire a collec-
tion agency or attorney of their choosing.

38. D I S PU T E S . In the event of any litigation between the Owner and Broker, the prevailing
party shall be entitled to an award of all attorney's fees and costs and venue for all litigations
shall be in Flagler County, Florida. Both Owner and Broker waive any rights that they may have
to a jury trial.

39. F O RE C L OS U R E P R O C E E D I N G S /A S S I G NM E N T O F R E N T S . In the event the Property

becomes subject to liens and/or foreclosure proceedings, a condominium or homeowner's associ-
ation or mortgagee exercises any right to an assignment of rent they may have, or a receiver is
appointed, Owner agrees that Broker shall comply with any court order and/or at Brokers dis-
cretion disburse rent to the requesting party based on advice of Brokers legal counsel. If any of
the aforementioned occurs, Owner gives Broker the full right and authority to disburse the secu-
rity deposit or advance rent held by Broker to any party including the tenant(s) even if the ten-
ant(s) are still residing on the Property or owe rent. If Broker continues to manage the Property
and the property becomes subject to liens and/or foreclosure proceedings, a condominium or
homeowner's association or mortgagee exercises any right to an assignment of rent they may
have, or a receiver is appointed Owner agrees to pay an additional fee to Broker each month of
${ForecloseFee}.

40. S AL E O F T HE P R O P E RT Y . Owner shall notify Broker before conveying the Property

while this Agreement is in effect. If the Property is sold to the tenant(s) procured by Broker, a
commission of three percent (3%) of the purchase price shall be paid to the Broker at closing.

41. C O UN T E R PA RT S . The parties agree that this Agreement may be executed by electronic
signature and in counterparts.

***IMPORTANT FAIR HOUSING NOTICE***

I N C O MP L IA N C E W IT H T H E F E D ER A L FA IR H OU S ING L AW S A N D A N Y S TATE O R L O -
C A L L AW S O R O R D IN A N C ES , please do not ask or expect us to place any restrictions on the
Property based on a prospective tenants or occupant's race, color, religion, handicap, sex, na-
tional origin, familial status, or servicemember status. Federal, state and/or local laws prohibit us
from placing any such restrictions on the properties we handle for rent or illegally discriminating
in any way.

Owner: Broker:

____________________________ ____________________________

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