ISOLA BELLA SERVICED APARTMENTS
SERVICED APARTMENT LEASE AGREEMENT

Date:
as dated on the Registration Card
Residents Names:
as set forth on the Registration Card
Residence Address:
as set forth on the Registration Card
Term:
commencing on the Arrival Date and ending on the Departure Date as set forth on the Registration Card
Monthly Rental:
The Average Room Rate set forth in the Registration Card multiplied by the number of days in the month
Prorated Rent:
For any calendar month during the Term, the number of days during such calendar month either before the Arrival Date or after the Departure Date, multiplied by the Average Daily Rate
NSF Fee:
$25

This LEASE AGREEMENT (this “Lease”) supplements the terms and conditions set forth in the Registration Card dated as of the Registration Date (as set forth in the Registration Card) executed by the party identified under “Name” on the Registration Card (whether one or more, the “Resident”), and sets forth additional terms and agreements by and between the ISOLA BELLA SERVICED APARTMENTS (“Isola Bella”) and the Resident in respect of the serviced apartment identified on the Registration Card (the “Serviced apartment”).

1. GRANT OF LEASE:  Isola Bella hereby rents to the Resident, and the Resident hereby rents from Isola Bella, the Serviced apartment, which is a part of the Property.

2.  TERM AND RENT: This Lease shall commence on the Arrival Date set forth in the Registration Card, and shall terminate on the Departure Date set forth on the Registration Card, unless extended pursuant to the terms of this Lease.   RENT IS DUE IN ADVANCE, AND IF NOT PAID PRIOR TO THE FIRST OF EACH MONTH IS DUE AND PAYABLE ON THE FIRST DAY OF EACH MONTH.  Resident shall pay the Prorated Rent at the time indicated above, and shall pay the Monthly Rental at the times indicated herein.

3. SECURITY DEPOSIT: Resident shall not be required to pay a Security Deposit to Isola Bella.  Isola Bella is authorized and directed to charge any charge card or other similar financial instrument (collectively, a “Resident’s Credit Card”) any and all moneys due to Isola Bella pursuant to the terms hereof at any time, including after the termination of this Lease Agreement.  Resident shall pay Isola Bella all amounts reasonably necessary to remedy any defaults or non-performance by Resident in the payment of rent or to repair damage to the Premises or any Isola Bella property damaged by Resident or their invitees or licensees, including without limitation repair or replacement of furniture, fixtures, appliances, floors, floor coverings, courtesy cars, windows, ceilings and walls in or about the Serviced apartment and damage to any of the common areas of the Property (collectively, the “Premises”).  Upon termination of the Lease, if Resident does not leave the Premises in as good condition as when received by Resident from Isola Bella, reasonable use and wear excepted, Isola Bella may charge the Resident’s Credit Card as may be reasonably necessary to restore the Premises to such condition, including, without limitation, final cleaning of floors, carpets, rugs, window treatment, curtains, windows, walls, fixtures, and appliances.  If Resident shall owe any moneys to Isola Bella for any reason, Isola Bella may charge Resident’s Credit Card for such amounts.

4. RENT PAYMENT: Resident understands the entire rent for each month is due on the 1st day of that month, without demand, and agrees to pay the same on that day to Isola Bella at the Pavilion or the Welcome Center; provided, however, Isola Bella may, but shall not be required, to charge Resident’s Credit Card for such amount due, and in such event, Isola Bella shall provide Resident with a copy of a charge receipt.  No cash payments are accepted.  Any rent or portion thereof, not paid on the 1st of each month is delinquent. Rent may be paid at any time prior to the first day of the month. Resident agrees to pay handling charge equal to the NSF Fee set forth above for each check of Resident returned to Isola Bella unpaid, and to tender payment for any such NSF check within 24 hours notice from Isola Bella to Resident of such NSF check, together with the NSF Fee and any late charges.  In the event Resident shall pay late or shall tender an NSF check that is returned unpaid, then Resident shall thereafter make all rental and other payments in the form of a cashier’s check or money order.

5.  SPECIAL CHARGES:  Resident and each adult set forth as an additional occupant on the Lease shall be authorized to incur costs for incidental items purchased from the Isola Bella, such as but not limited to, coffee and other specialty drinks purchased at the Pavilion, promotional materials, and other similar costs.  Any such person so incurring such cost shall execute a written document setting forth the nature of such cost, and such cost shall be added to the rent owed by the Resident to Isola Bella.  Resident shall cause all such charges to be paid at the same time the Resident’s next regularly scheduled rent payment shall be due, or if there is no such scheduled payment, then immediately upon termination of the Lease. 

6.  FINES:  In the event that Resident or their invitees shall violate this Lease or the Community Rules, then in addition to all other rights and remedies of Isola Bella, Isola Bella may impose a fine for such behavior. Isola Bella shall provide written notice of such fine to the Resident which sets forth the violation and the amount of the fine.  The Isola Bella Serviced apartments may set the amount of such fine so long as the amount does not exceed $100 per violation.  The issuance of a citation for such fine shall not limit or alter all other rights and remedies of Isola Bella on account thereof. Resident shall promptly pay such fine, and the amount of such fine shall be deemed to be a part of the rent owed by the Resident under the Lease.

7. USE OF PROPERTY: The Premises shall be used only as a private residence and shall be occupied only by the above-described Resident and Occupants.  Resident agrees that no occupants other than those set forth above shall occupy the Premises, except upon prior written consent of Isola Bella. In no event shall Resident permit a number of occupants that violates any applicable Federal, State, County or local law, ordinance or regulation.

8.  UTILITIES:  Isola Bella shall pay all utilities for the Resident during the Term.

9. CONDITIONS/REPAIRS: Resident has inspected and accepts the Premises, and all improvements, furnishings and fixtures therein as being in good condition, and agrees to maintain the same in good condition. Resident agrees not to alter, modify or install fixtures or improvements in the Premises or paint or redecorate the Premises without the prior written consent of Isola Bella. Resident agrees to promptly notify Isola Bella in writing of any condition affecting the Premises.  Isola Bella shall be given a reasonable period of time in which to effect any necessary repairs.  If such repairs arose due to the Resident’s negligence and willful conduct, then Isola Bella shall determine the reasonable cost of making the necessary repairs, and Resident shall promptly reimburse Isola Bella for such repairs. Resident waives all rights to make repairs at the expense of Isola Bella, except as provided by applicable law.

10.  PETS: Resident agrees that at the time of commencement of the Lease, Resident will have no pets other than those identified on the Registration Card.  Resident agrees that Resident will not allow any pet onto the Premises or the Property until Resident shall have provided Isola Bella Serviced apartments with written evidence of current inoculation and registration of each such pet with the appropriate governmental agency.  In no event shall Resident have any dangerous or exotic pets on the Property. Resident shall provide proof of current inoculation and registration where appropriate not less than once each year during the term of the Lease, unless Resident shall no longer have such pet. Resident agrees that only the pets described above shall be allowed to occupy the premises, and that Resident shall obtain the written consent of the Isola Bella Serviced apartments before allowing any other pet to occupy the Premises or be allowed onto the Property. Resident agrees that each pet shall be kept inside the serviced apartment at all times, except when on a leash and accompanied by, and under the supervision and control of, the Resident. The Resident shall promptly dispose of all pet droppings promptly and in a sanitary fashion.  Resident agrees that is the Isola Bella Serviced apartments shall determine that any such pet has become annoying, bothersome, or in any way a nuisance to other residents of the Property or to the operation of the Property, then in any such event, Resident shall remove the pet from the Premises. Resident agrees to pay the Pet Fee or similar amount set forth on the Registration Card.  If the amount of damages done by one or more of the pets exceeds the total amount of all Pet Fees made by the Resident, the Resident shall promptly pay such excess to Isola Bella.  Neither Isola Bella, nor any of its employees, agents, staff or invitees, shall be liable to Resident for any harm or damage that may suffered as a result of injury, death or other damage done to any pet.  If Resident cannot be reached, or fails to respond timely to the circumstances created by such pets, then Isola Bella is authorized to place any such pet in the custody of the local authorities.

11.  CONTROLLED ACCESS SYSTEM AGREEMENT:  Resident hereby acknowledges receipt of the gate cards set forth on page 1 hereof, and understands and agrees as follows:  (a) The Isola Bella Serviced apartments will issue only one gate card per authorized resident over the age of 18 who has signed the Lease.  Resident shall be responsible for payment to Isola Bella of its standard fee, as established from time to time, for lost, stolen or damaged gate cards.  Resident agrees to return all gate cards on the Departure Date.  Resident agrees to provide their telephone number to the office, and to advise the office in writing if Resident should change such number. Resident acknowledges that the Property is within a controlled access system, and is intended to limit access to the Property to those persons authorized and invited onto the Property.  This controlled access system is not designed or intended to be a security system, and Resident acknowledges and agrees to use reasonable security precautions at all times.

12.  COURTESY PATROL:  Resident acknowledges and agrees that if Isola Bella shall provide courtesy patrol services on or about the Property that such services are NOT security services. Resident understands and agrees that Resident must use reasonable security precautions at all times, and must not rely upon any courtesy patrol services provided by Isola Bella.  Resident hereby warrants and represents that Resident shall undertake all steps necessary for the personal and property security of Resident, the additional Occupants and all of their invitees, and that Isola Bella has not undertaken any such security obligations.  Resident hereby releases Isola Bella, its members, employees, agents, management and other related parties from any and all claims, losses, damages and other actions arising from or related to any personal or property damage suffered by such Resident, such Occupant and their respective invitees as a result of any intentional misconduct occurring in, on or about the Premises or the Property.

13.  COMMUNITY RULES: Resident agrees, and shall cause Resident’s invitees, to abide by and comply with each and all of the rules and regulations established at any time and from time to time by sola Bella.  Isola Bella publishes of such rules and regulations at www.IsolaBellaApartments.com/CommunityRules and such rules and regulations are hereby incorporated by reference.  Resident agrees not to harass, annoy, vex, or endanger any other person within the complex, or to create or maintain any nuisance or disturb the peace and quiet of any other person or commit waste in or about the Premises or the Property.   Resident is legally and financially responsible for the actions of their children and will be held liable for any damages caused intentionally or unintentionally by such children.

14. FURNISHINGS: Resident shall not alter, modify or otherwise change any of the furnishing or fixtures provided in the Serviced apartment.  If Resident shall require any such changes, Resident may request that management do so.

15. INSPECTION: Resident agrees Isola Bella or its employees and agents may enter the Premises at any reasonable time to inspect the Premises or make repairs. If notice of termination hereof has been given by either party, Resident agrees Isola Bella may show the premises at any time between 8 a.m. and 5 p.m. without prior notice to the Resident.  Isola Bella shall make reasonable efforts to, but shall not be required to, provide 24 hours prior notice of intent to enter the Premises.

16.  LAKE PROVISIONS:  Resident acknowledges that Isola Bella has fully explained the dangers and hazards of the lakes that are present on the property.  The banks are steep, and present a danger of slipping, the water is deep and in many areas above the height of the adults and children.  The lakes are not fenced or otherwise separated from the residents or their guests.  Resident agrees that resident will be responsible for monitoring and protecting the safety of Resident and all persons in their household and their invitees and guest from the dangers posed by having the lakes. Resident on behalf of itself and its guests, family members, and invitees hereby releases Isola Bella and its members, officers, directors, agents, and employees (collectively, the “Owner Parties”) from any and all claims, actions, liabilities, injuries, losses or other damages arising from or incident to such lakes, and hereby indemnifies and agrees to hold each of the Owner Parties harmless from and against any such claims, actions, liabilities, losses or other damages.

17.  SMOKE DETECTOR PROVISIONS:  Resident acknowledges that that Resident has certain obligations and responsibilities to ensure the proper functioning of smoke detectors, including the following:  (a) Resident shall test each smoke detector weekly to ensure proper operation of each smoke detector located in the Premises, (b) Resident shall clean the smoke detector annually in accordance with the manufacturers specifications, or if Resident does not know how to accomplish such cleaning then request in writing that Isola Bella provide such cleaning, and (c) Resident will notify the Isola Bella immediately if any deficiencies exist or repairs are required for the smoke detectors.  Resident is hereby advised (i) that it is unlawful to render any smoke alarm in your residence inoperable, or to remove batteries from smoke detectors, except to replace such batteries with fully charged replacements, and (ii) the Fire Chief or other similar governmental official may inspect each fire detector at their discretion. 

18.  CRIME FREE PROVISIONS:  All Residents are responsible for the actions of the other Occupants and their guests or other invitees.  Resident agrees that Resident shall not permit any such person to (a) engage in any criminal activity, or other activity that threatens the health, safety or peaceful enjoyment or safety of Resident or any other person, (b) possess, manufacture, sell, use, or store any controlled or illegal substance, or (c) engage in any illegal activity, including but not limited to prostitution as defined in 21 O.S. §1030, criminal street gang activity as defined in 21 O.S. §856(f), and threatening or intimidating activities as defined in 21 O.S. §1362.  Any single violation of any law for which Oklahoma establishes criminal (felony or misdemeanor) sanctions shall be cause for immediate termination of the lease pursuant to 41 O.S. §132(D), and unless otherwise provided by law, such termination shall not require proof of violation by means of criminal conviction, but rather only by reasonable belief by Isola Bella. Isola Bella reserves the right to decline lodging to persons previously convicted of felonies and for any other reason permitted under applicable law

19.  LEAD BASED PAINT PROVISIONS:  The Isola Bella Serviced apartments were built prior to 1978, and may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards, particularly to young children and pregnant women.  Although Isola Bella has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the residences, such hazards may be present. Resident must advise Isola Bella immediately if Resident finds any paint chips or other loose areas of paint.  Resident hereby acknowledges receipt of a Federally-approved pamphlet on lead poisoning prevention.

20.  SATELLITE DISH & STICK ANTENNA PROVISIONS:  Resident shall not install a satellite dish and/or stick antenna.

21.  CLUB ISOLA BELLA:  Resident’s membership in Club Isola Bella entitles the Resident to certain use of the Pavilion and the Fitness Center.  Isola Bella Serviced apartments may suspend or terminate such membership if the Resident or the Resident’s invitees fail to abide by the rules and regulations established by Isola Bella at any time and from time to time for the Fitness Center and the Pavilion.  In the event of a termination of membership and during the term of any suspension of such membership, neither the Resident nor the Resident’s invitee shall be authorized or permitted to enter up or use the Pavilion or Fitness Center.  Any such termination or suspension shall also constitute a material breach of this Lease, and Isola Bella may, but shall not be obligated, to terminate the Lease.  In the event Isola Bella elects not to so terminate the Lease, then the Lease shall remain in full force and effect, except that Resident’s access to the Fitness Center and Pavilion shall be so suspended or terminated, as the case may be.

22.  USE OF ISOLA BELLA EQUIPMENT:  As a resident of Isola Bella, you may have use of certain equipment that is available with or without fee, such as computers, sporting goods and other similar items.  You are responsible to return all such equipment in the same condition received, and you will be responsible for any damage that may occur during your use.

23. TERMINATION BY RESIDENT: Any property remaining in the Premises upon termination of the tenancy shall be deemed abandoned by Resident, and Isola Bella is hereby authorized and directed to discard or otherwise dispose of such abandoned property in any manner Isola Bella deems suitable, including without limitation by donation to a charity, sale to a third party or disposal in a trash receptacle.  All costs of removing such abandoned property shall be paid by Resident.  Resident shall not vacate or abandon the Premises at any time during the term of this Lease. If Resident shall abandon, vacate or surrender said Premises or be dispossessed by process of law, or otherwise, then Isola Bella shall have the right to take immediate possession of and re-enter said Premises and remove any and all personal property therein, and Resident hereby waives any and all claim for damages arising out of such entry or removal of property.

24. SUBLEASE: Resident shall not let, sublet, assign, or in any manner transfer all or any part of the Premises or its interest in this Lease without prior written consent of Isola Bella.  Any attempted sublease, assignment or transfer of this Lease or the Premises in violation of the provisions hereof shall be void ab initio.

25. BREACH:  In the event of any breach of this Lease by Resident, then Isola Bella, in addition to any other rights and remedies, shall have a lien granted by law upon all baggage and other property of Resident located within the Premises, and may enforce such lien as provided by law.  If it is determined that there has been a breach of this Lease by Resident then Isola Bella, as provided by law, shall have the right of re-entry and may remove any and all personal property and effects of Resident and may retain possession of such personal property until all charges of every kind, including rent, cleaning, shortages, damage to the Premises, and reasonable cost of storage shall have been paid in full. Enforcement of the lien shall not operate to waive any rights of the Isola Bella in unlawful detainer or otherwise.

26. LIABILITY: Resident agrees to hold harmless and indemnify Isola Bella and its employees, servants, members, and agents from any and all claims, loss, damage, and injury to persons caused by accidental, negligent or intentional acts of Resident, other occupants or any such party’s guests or invitees. All personal property placed by Resident in any serviced apartment, public or private storeroom, garage or any area within the Property are so placed at Resident’s sole risk, and Isola Bella shall have no liability for any loss or damage to such property whatsoever for any cause. Isola Bella does not insure personal property of the Resident. It is recommended that Resident secure insurance on household goods and all personal property.

27. DESTRUCTION / CONDEMNATION:  If any partial destruction occurs to the Premises, or to the building containing the Premises, during the term, Isola Bella shall timely repair the same, provided such repairs can reasonably be made as quickly as practicable and in accordance with all applicable laws, or if Isola Bella does not intend to promptly repair such damage, then Isola Bella may terminate this Lease as of the date of such event. If any part of the Premises shall be taken or condemned by a public or quasi-public use, then this Lease shall terminate. 

28. SUBORDINATION: This Lease shall be subordinate to any and all liens and encumbrances, whether existing or hereafter arising, which has been voluntarily created by Isola Bella on the Property.

29. ATTORNEYS’ FEES / COSTS: If any suit be brought in unlawful detainer, for recovery of any rent or other charges due hereunder, or by virtue of any breach of any covenant contained herein, the prevailing party shall be entitled to all costs of suit, plus reasonable attorneys’ fees.

30. NOTICES: Resident agrees to accept all notices to Resident, which may be delivered personally or by depositing the same in the United States mail, postage prepaid, addressed to Resident at the Premises, whether or not the Resident has departed from, abandoned, or vacated the Premises.

31. TIME: Time is of the essence of this Lease, and each provision herein. All rights, remedies, elections, and powers granted to Isola Bella by this Lease or by law or in equity are cumulative, and no one remedy is exclusive of any other. Isola Bella’s waiver of any terms or conditions hereof shall not constitute a continuing waiver thereof, or of any other or subsequent breach thereof. This Lease shall be binding upon heirs, administrators, successors and assigns of all parties hereto, and all of the parties hereto shall jointly and severally be liable hereunder, but nothing in this paragraph shall be construed as consent by Isola Bella to any assignment of this Lease by Resident.

32. VEHICLES:  Resident agrees to park vehicles only in the parking spaces assigned to the Premises, and designated open space parking areas, or on the public street. No motor vehicle, or any part thereof, shall be placed in any enclosed building within the complex. Resident shall store any inoperable vehicle upon the Premises no more than twenty-four (24) hours.  Without prior written consent of Isola Bella, parking spaces shall be used only for the parking of passenger automobiles or light utility vehicles used for the personal transportation of the Resident. There shall be no parking of other trucks, trailers, recreational vehicles or boats in any such stall or space and any such vehicle may be towed away and stored at its owner’s sole expense.

33. MULTIPLE RESIDENTS:  If there is more than one Resident: (1) any Resident may give notice to Isola Bella in respect of this Lease and such notice shall bind all other Residents; (2) any notice given by Isola Bella to any such Resident shall be deemed notice to all such Residents; and (3) each Resident shall remain bound to all the terms and conditions of this Lease until this Lease is terminated, unless the Resident is released from the Lease by Isola Bella in writing.

34. UNENFORCEABLE PROVISIONS: If any provision of this Lease shall be held by a court of competent jurisdiction to be void or unenforceable, the balance hereof shall remain in full force and effect.

35.  REGISTERED SEX OFFENDERS NOTICE:  The 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 database 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 available through the “900” telephone service.

36. ENTIRE AGREEMENT: This Lease represents the entire agreement of the parties, and all prior and contemporaneous agreements are merged herein. This Lease is intended for the benefit of the parties hereto and for no other person or entity whomsoever.

THE TERMS AND CONDITIONS SET FORTH HEREIN ARE HEREBY DEEMED A PART OF THE REGISTRATION AGREEMENT EXECUTED BY RESIDENT AT THE TIME OF ARRIVAL BY RESIDENT.