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03/22/2016
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03/22/2016
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Last modified
5/3/2016 1:29:27 PM
Creation date
5/3/2016 1:29:07 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/22/2016
Meeting Body
Board of County Commissioners
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WHEREAS, the legal rights, remedies and obligations of Airbnb, Hosts and Guests using <br /> the Platform are specified in a document titled "Terms of Service" (the "TOS'') and other <br /> policies and procedures available at xv%Aj.airbnb.com, including, but not limited to, certain TOS <br /> provisions to which Hosts and Guests have agreed that when or if Airbnb determines to assist <br /> with collection and remittance of occupancy taxes in a given jurisdiction, users grant Airbnb <br /> authority to register, report, collect and remit the applicable occupancy tax-s pursuant to this <br /> Agreement and the TOS; <br /> WHEREAS, the T©wrist Tax Collector, the County and Airbrib�enter into this Agreement <br /> voluntarily in order to facilitate the reporting, collection and remittance <br /> ' oplicabl�e occupancy pancy <br /> taxes from Hosts and Guests resultingfrom BookingTransactoscom leted'bY,Hosts and <br /> Guests on the Platform for occupancy of accommodations locateLin the County, itaccordance <br /> 0 <br /> with this Agreement. <br /> NOW THEREFORE, IN CONSIDERATION F THE MUT I,�COVENANTS, PROMISES <br /> AND AGREEMENTS CONTAINED HERE ;THEE PARTIES 'AGREE AS FOLLOWS: <br /> (A) With respect to Booking Transact'oe wee'"zHosts�and Guests completed on the <br /> Platform for accommodations P <br /> r fowhich Indian' ver CountYT rist Development Tax <br /> .,r p <br /> ("TDT"), imposed undereapp `leCounty lawe applicable "Code"), and during the period <br /> ree <br /> g � ( <br /> in which this A � :effecti .e as defined bei and soleiYpursuant to the terms and <br /> ), <br /> conditions of this Agreeme _ 'ragzeeS`,c_ontractually to assume the duties of a TDT dealer <br /> as describe=th" ea(herein" er referred to as "Dealer"). <br /> ( ) Airbnb neith�ragrees to undertake, nor undertakes any obligation to assume the <br /> duties o ,Dealer and does``ot agree to undertake any obligation contractually or otherwise to <br /> collect or renut=TDT relatin'�to any user's transaction completed, made or facilitated through <br /> any means, or mod o her platform, other than the Host or Guest's use of the Platform. Any <br /> ^4 Xr <br /> obligation assumedly Airbnb pursuant to this Agreement (during any period in which it is <br /> effective) shall be limited to users completing Booking Transactions directly between the Guest <br /> and Host through their use of the Platform. <br /> PROSPECTIVE COLLECTION OF TDT <br /> (C) Starting on (the "Effective Date"), Airbnb agrees to commence <br /> collecting and remitting TDT, pursuant to the terms of this Agreement, at the applicable rate, on <br /> 2 <br /> CONFIDENTIAL <br /> 156 <br />
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