This Maintenance Plan Addendum (hereinafter referred to as the “Maintenance Plan” ) is executed between the property Owner (hereinafter referred to as the "Owner") and Acme House Company (“ACME”) as of October 3, 2023 (“Effective Date”) as an additional service option to the Owner under the Terms & Conditions of the EXCLUSIVE AUTHORIZATION TO RENT & RENTAL AGREEMENT (“Owner Agreement”) between Owner and ACME with respect to the vacation rental property known as/located at ,Palm Springs, CA 92262 (“Property”)
Definitions:
Regular Inspections - These are inspections that are performed by ACME prior to arrival and post departure for each guest stay.
Work Order - This is a unit of work often including Labor and Materials cost to execute on a task for a Property.
Monthly Owner Statement - The monthly documentation showing Owner profit or loss including itemization of relevant charges i.e. Permit costs, Work Orders cost(s) deducted from the Owners monthly rental income.
Annual Tune-up - The yearly set of pre-defined inspections affecting or safety related items that ACME deems necessary to be enrolled and continued operation under the Maintenance Plan for ACME to complete on behalf of the Owner.
This Maintenance Plan shall commence on the Effective Date mentioned above and shall remain in effect for the duration of an Owner’s property being serviced by ACME, unless terminated earlier as per the terms of this Maintenance Plan.
Currently and absent participation in the Maintenance Plan, these charges, fees, subscriptions and programs referenced in this Section 2 are separately and independently either charged to the owner or the owner’s responsibility.
ACME agrees to perform the following maintenance services on the Property.
ACME shall conduct Regular Inspections of the property prior to guest arrival to identify and address any maintenance issues or potential problems. Should those issues or problems result in the creation of a Work Order with a cost of less then $75.00, the cost of that Work Order will be included in the Maintenance Plan. Should the cost of that Work Order be greater than $75.00, the Owner will be responsible for payment of this Work Order which is typically handled by applying a debit to the Monthly Owners Statement (rent payments).
Example 1: We will look at a particular effort and combine the labor + parts/materials for that singular effort we will not combine efforts of Tasks to then avoid these Work Orders being less then $75
Example 2: If a Work Order is $85 then the Owner will be responsible for the whole $85 for the given Work Order. This does not take $75 off of each work order to then allow for a remaining delta to be paid.
Should there be insufficient positive income on the Monthly Owner Statement to debit for 100% of the Work Order(s) payment and other itemized charges, ACME reserves the right to collect through additional means. For example, ACME may require a credit card on file authorized by Owner to be used by ACME the Owner or an ACH from the Owner’s bank account on file.
ACME shall perform a Tune-up at least one time per calendar year. The Tune-up will be scheduled between the months of May and September and during weekdays (Monday-Friday) to avoid impact on weekend bookings. ACME will provide the Owner with a list of all required and non-required suggested items to be included in the Tune-up along with a document for sign-off from the Owner to proceed with the required items. Completing the list of required Items communicated by ACME is mandatory to remain in the Maintenance Plan program. Should an Owner not agree to move forward with the reasonably requested Required Items, the Property’s inclusion within the Maintenance Plan may be terminated.
ACME will provide TV and Internet service for the property. ACME may in its discretion upgrade the wireless infrastructure at the property by installing a new MESH WiFi System at an initial cost to the Owner of $299 (subject to change according to hardware costs). If an Owner’s existing Mesh WiFi system is sufficient and able to handle the speeds of the internet package, then ACME will work with the Owner's existing system.
Optional: Roku Digital Access
This may be added by ACME if approved by the Owner and the Owner’s TVs are compatible to not require cable-TV boxes saving money for the Owner by not having to lease cable boxes from Spectrum but rather utilize a Roku device to launch the SpectrumTV app.
Any costs related to quality Linen & Towels will be included in the maintenance plan. These linens and towels are property of ACME and in the event the Owner leaves the ACME program, ACME will have the right to recover them. Linens & Towels must be in quality working order or a replacement cost will be charged to the Owner as part of any offboarding related charges.
These are monthly service fees charged by PointCentral for the utilization, tracking, and integration of the on-site thermostat and door-locking products to ensure a great Guest experience and seamless remote delivery of access. Owners save money by remotely switching on/off heating and cooling of your property.
These are fees related to the marketing of your property on all major media channels as well as boosting your listing through various marketing paid ads and efforts through our series of social, email, paid search and influencer based strategies. In addition, Vrbo/Homeaway charges Owners an annual fee. These fees, which are otherwise the Owner’s obligation, are included in the Maintenance Plan.
ACME will replace items on the Amenity Assurance list up to a cost of $300 per calendar year. Should there be a calculated total of higher than $300 in replacement Amenity Assurance items replaced at the property the replacement of these items will be billed to the Owner and not be included within the Work Orders less then $75 as mentioned in section (a. Regular Inspections & Work Orders under $75.00 Included). This will allow for the quality of the property and the amenities to remain in top working condition and at the right quantity for Guest enjoyment. For more information on what’s included within the amenity assurance list please see the article linked here.
ACME will not be providing services or products related to the below items:
a. Anything that is not included in Section 2. See list above.
b. Home Services Vendor relationships - Alarm, Landscaping/Gardening, Tree Trimming, Pest Control or Pool Servicing - Owner will remain obligated to contract with and pay for such vendors, either with a direct vendor relationship or an ACME referral.
c. City of Palm Springs Annual VR Renewal Permit and onsite inspection related costs required by the City’s VR ordinance - These expenses are not included in the Maintenance Plan but are paid to the City upfront for the coming year. If included in the Maintenance Plan, ACME would be unable to recoup these fees in the event of an early termination of the Maintenance Plan.
ACME shall establish a mutually agreed-upon service schedule for conducting Regular Inspections and performing routine maintenance tasks. The schedule shall be communicated to the Owner in writing and can be adjusted upon mutual agreement. These are the target months and timeline for each of the corresponding activities. These timelines may be adjusted and are not exact:
The Owner agrees to pay ACME the monthly fee under this Maintenance Plan. The payment terms shall be as follows:
a. Fee Structure According to Bedroom Count at Property:
This schedule is subject to change, with written notice 30-days in advance and may be increased on an annual basis by no more than 5%.
b. Payment Schedule: The Maintenance Plan will be paid in advance of the service month, automatically deducted from the prior month’s Monthly Owner Statement.
c. Payment Method: The primary method of payment will be from the funds due Owners from rental income, deducting the charge monthly and reflected in the Monthly Owner's Statement. Should the Owner not have funds available to charge then ACME shall have the right to use additional means such as a credit card on file or ACH via a bank account on file.
Either party may terminate this Agreement by providing written 30-day notice to the other party. In the event of termination, ACME shall remove the Owner and Property from any services provided as part of the Maintenance Plan. No refunds unless billed in error and identified to ACME within 60 days of such billing.
This Maintenance Plan is an addendum to the Owner Agreement and its provisions modify and amend inconsistent provisions contained in the Owner Agreement. As to its subject matter, this Maintenance Plan constitutes the entire agreement between the Owner and the ACME during its effective term and supersedes any prior Maintenance Plan or other Maintenance Addendums, understandings, or representations, whether written or verbal regarding this subject matter.
Nothing in this Maintenance Plan is intended to or shall increase Acme’s liability or obligations under the Owner Agreement except and to the extent expressly set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Maintenance Plan Addendum as of the signature dates below.
