("Occupant") and The City of Lake
Elsinore ("Owner"), and is effective
as of the last date set forth below.
In consideration
of the mutual covenants contained herein, the parties hereto agree as follows:
1. SUBJECT: Owner licenses
to Occupant that certain uncovered parking / storage space designated as #___ (the "Space") located at 32040 Riverside Drive, Lake Elsinore, CA 92530 (the "Storage Area") for Occupant to store only the following described personal property (the "Property"):
2. TERM: License of the
Space shall be on a month-to-month basis beginning
__. Either party may terminate this Agreement upon thirty
(30) days written notice to the other at the address beneath each party's
signature below. Occupant shall continue to be responsible for paying monthly
storage fees until the actual date of termination of this Agreement.
3.
STORAGE FEE: The charge for the Space (the "Storage
Fee") shall be __ per month, along with a one-time,
$25 dollar administrative setup fee.
The
Storage Fee is payable in advance and due on the first day of each calendar
month (the "Due Date"). If payment
is more than 10 days late, Occupant shall pay Owner a "Late Charge" of fifteen
dollars ($15.00), in addition to the normal Storage Fee. Payments shall be sent
to Owner at the address indicated below or at such other address or to such
other party as Owner may from time to time designate in writing to Occupant. Occupant shall make any Storage Fee checks
payable to "City of Lake Elsinore".
4. USE OF THE SPACE / SITE ACCESS:
Occupant shall use the Space at all times in compliance with the laws of
California and only for the storage of the Property described above. There is no overnight use of the Property for
any reason. Occupants shall
not permit liens, charges or encumbrances placed on or levied against the Space
other than liens, charges or encumbrances placed thereon by Owner or by persons
claiming under or through Owner. Occupant shall not, without the prior written
consent of Owner, permit the Space to be used by anyone other than Occupant.
Occupant acknowledges that the Storage Area is a drop-off and pick-up storage
facility only. Occupant shall use best efforts to limit Occupant's time during
each entry at the Property
to less than one hour.
The
right to access the facility is granted to Occupant via electronic access code
# __ for as long as Occupant remains current with all monthly payments. If Occupant is more than ten (10) days late
with any monthly payments, gate access code will automatically be deactivated
and site access will be revoked.
Occupant's gate access code will only be reactivated when all
outstanding fees and any penalties have been paid in full.
5. RULES AND REGULATIONS: Occupant shall comply with the
Rules and Regulations that apply to the Storage
Area, as the same may exist
or be updated from time to
time. A copy of the current Rules and Regulations is attached to this Agreement
(APPENDIX A). Any failure to comply
with the Rules and Regulations that is not promptly corrected after notice from Owner shall be cause for immediate termination of this Agreement
at the election of Owner.
6. MAINTENANCE AND REPAIR: Occupant shall have no authority to make any
alteration, addition or improvement to the Space or to the Storage Area. Occupant
will not perform vehicle or trailer maintenance of any kind on the
Property. Occupant shall be entirely
responsible for damage to the Space and the Storage Area caused by Occupant and
his or her guests (collectively, the "Occupant Parties"), normal wear
and tear excluded. If any Occupant
Party causes any such damage and the repair is paid for by
Owner, Occupant shall immediately reimburse Owner the amount of such repair,
plus any interest thereon, PROMPTLY upon demand.
7. INSURANCE:
Occupant shall be solely responsible and assumes all risk of injury to Occupant
and all other Occupant Parties, the Property, other persons and the property of
others arising from or related to the storage or use of the Property at the
Storage Area. It is Occupant's responsibility to procure
and maintain, at Occupant's sole cost and expense,
insurance covering injury and property damage to the Property resulting from
the ownership, operation, maintenance and use of the Property, or the storage
of the Property at the Storage Area.
8. RISK
OF THEFT, DAMAGE OR DESTRUCTION OF PROPERTY: Occupant expressly
assumes, and shall bear all risk of loss, theft,
damage and destruction of the Property
while the Property is stored in or on the Storage Area.
9. RISK OF HIGH WINDS, INCLEMENT WEATHER, AND EARTHQUAKES:
Occupant acknowledges that the Storage Area is in a region that is seasonally
affected by high winds, fire, inclement weather and earthquakes. Owner strongly
recommends that Occupant obtain insurance coverage for the full value of
Occupant's Property. Occupant expressly assumes all risk of loss or damage to
the Property. Owner shall not be responsible for and Occupant hereby releases Owner
from any responsibility for, any loss, liability, claim, expense, or damage to the Property
while stored at or near the Space or the Storage Area.
10. RISK OF FLOOD DAMAGE: Occupant acknowledges that the
Storage Area is in close proximity to the edge of a water reservoir that
fluctuates seasonally based on water levels and weather conditions. If Owner is
advised by agencies responsible for Lake Elsinore of a predicted change in
water levels, Owner will endeavor to provide Occupant with advance notice so
that Occupant may move their Property to a different
location off-site. Thereafter,
it is Occupant's sole responsibility
to relocate the Property to such higher ground. Occupant assumes all risk
of loss and any and all damage to the Property from flooding or rising water, and Occupant
releases Owner from liability for any such damage
to the Property.
11. RETURN OF THE SPACE: Upon termination of this Agreement, Occupant shall
immediately return to Owner the Space
in its original condition, reasonable wear and tear resulting from prudent and careful use being excepted.
12. NO REPRESENTATIONS OR WARRANTIES BY Owner: Occupant acknowledges and
agrees that Owner has made no representation or warranty of any kind or nature
whatsoever regarding the Space or the Storage Area. Owner MAKES NO
REPRESENTATION OR WARRANTY OF ANY KIND
OR NATURE WHATSOEVER, EXPRESS OR
IMPLIED, AS TO THE CONDITION, SECURITY, MERCHANTABILITY,
OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SPACE OR THE STORAGE AREA. OCCUPANT WAIVES ANY CLAIM HE OR SHE MIGHT
HAVE AGAINST OWNER FOR ANY LOSS OR DAMAGE TO THE PROPERTY.
OCCUPANT HEREBY LICENSES THE SPACE "AS IS",
"WHERE IS", AND WITHOUT ANY
REPRESENTATION OR WARRANTY BY OWNER.
Without limiting the foregoing, Owner shall not be liable for any direct or consequential damage arising
from the use of the Space or the Storage
Area.
13. INDEMNIFICATION:
Occupant shall defend, indemnify and hold Owner and each of their respective
owners, shareholders, partners, members, officers, directors, employees,
representatives and agents (collectively, the
"Indemnified Parties") free
and harmless from and against any and all loss, liability, claims, actions,
costs and expenses, including reasonable attorneys' fees and court costs,
whether incurred by or made against the Indemnified Parties, relating,
resulting from or in any way arising out of Occupant's storage, maintenance,
use or disposition of the Property and/or Occupant's license or use of the
Space or the Storage Area (collectively, "Claims").
Occupant shall give Owner and any other affected Indemnified Party prompt
written notice of any Claim, and upon written notice by Owner or any other
Indemnified Party of the assertion of any Claim against any of them, Occupant shall be responsible for the defense
thereof with attorneys
acceptable to Owner and
any other affected Indemnified Party(ies). This paragraph shall survive the
termination or expiration of this Agreement.
14. EVENTS OF DEFAULT: The
occurrence of any of the following events shall constitute a default by
Occupant ("Event of Default"),
authorizing Owner to terminate this Agreement and exercise any and all remedies
allowed under this Agreement and under the law: (a) Failure of Occupant to pay
fully when due any Storage Fee payment or other amount due hereunder; (b)
Failure of Occupant to perform fully and timely any covenant, condition or
obligation required to be performed by Occupant under this Agreement or any
other agreement with Owner; or (c) Failure of Occupant to observe any of the
applicable Rules and Regulations.
15. REMEDIES: If any part of
the Storage Fee due from Occupant under this Agreement remains unpaid for
fourteen (14) or more consecutive days after first day of the month for which
the Storage Fee is due, Owner may, at Owners sole option, terminate this
Agreement and the right of Occupant to use and occupy the Space by sending a Preliminary
Lien Notice to Occupant, in the form provided by the California Self-Service
Storage Facility Act, California Business & Professions Code 21703 et seq.,
specifying a date on which Occupant's right to use the Space will terminate
unless all sums due are paid by Occupant before the specified date. If
Occupant thereafter fails to pay the full amount
due by the date specified in
the preliminary lien notice, Owner shall have the right to deny Occupant
further access to the Space and the Storage
Area, remove any Property found therein to another location and enforce Owners
lien against the Property by sale of the Property in the manner provided by
law. Owner reserves
the right to reject any partial payment of the Storage Fee from Occupant and to
accept only the payment of the full amount due. Owner
may impose a lien on the Property and
all other property Occupant has located in the Storage Area for all expenses
incurred by Owner for the storage, preservation, sale, or disposition of the
Property and all other property stored in the Storage Area. Further, Owners
remedies as specified in this Agreement shall be in addition to, and not in
lieu of, any other legal
or equitable relief
to which Owner would otherwise be entitled.
16. ASSIGNMENT:
Occupant may not assign, sublease or transfer this Agreement or the right to
store any item in the Space. Owner may assign this Agreement and/or mortgage the Space in whole or in part without notice
to Occupant. Each such assignee or mortgagee shall have all of the rights, but
none of the obligations, of Owner under this Agreement. Occupant shall not
assert against any such assignee and/or mortgagee any defense, counterclaim or
offset that Occupant may have against Owner.
17. NO PROPERTY RIGHTS:
Occupant acknowledges and agrees that Occupant does not have and will not have or obtain any title to either the Space or the Storage
Area nor any property right or legal or equitable
interest therein, except its license right as Occupant hereunder and subject to the terms of this Agreement.
18. HOLDING OVER: Any
use by Occupant of the Space beyond the term of this Agreement shall, at the
option of Owner, be deemed an extension of the original Agreement term on a
month-to-month basis, and all obligations of Occupant shall continue during
such holding over. During any such holding over, Owner may terminate this
Agreement and take possession of the Space upon demand after
three (3) calendar
days' prior written
notice to Occupant.
19. NON-WAIVER: Owner
shall not be deemed to have waived any breach of any of Occupant's obligations,
conditions or covenants under this Agreement except by a waiver in writing
signed by Owner; and no such waiver shall be deemed to be a waiver as to any
further or continued breach of any of Occupant's obligations, conditions or
covenants. Owners failure or neglect to exercise any remedy which Owner may
have hereunder or any other acquiescence in the default of Occupant, including
the obligation of Occupant with respect to which Occupant is in default; and Owner
shall be entitled to pursue any remedy available to it under law until Occupant
has rendered complete performance of all obligations of Occupant hereunder.
20. NOTICE: All notices
required or permitted under this Agreement shall be sufficient if delivered
personally or mailed to the party at the address set forth below the receiving
party's signature below or at such other address as either party may designate in writing to the other from time to time. Any such
notice shall be effective forty-eight (48) hours after it has been deposited in the United States mail,
duly addressed and postage prepaid.
21. SECURITY DEPOSIT:
Occupant has paid to Owner __ to be held by Owner as security for the payment and performance by Occupant of its
various obligations set forth in this Agreement. This deposit may, at Owners
option, be applied to satisfy any obligation of Occupant's which may be in
default, and the amount so applied will immediately be reimbursed to Owner by Occupant, without
demand, so as to maintain
the Agreement. The acceptance
of any security deposit or any other sum by Owner shall not constitute any
agreed liquidated damages, or a limitation of damages which may be sustained by
Owner as a result of any breach or default by Occupant under this Agreement.
Any unused portion of the security deposit will be returned to Occupant
promptly after the termination of this Agreement without interest provided the
provisions of this Agreement are satisfied.
22.
MISCELLANEOUS:
a. If more than one person executes
this Agreement as Occupant, all obligations hereunder to be performed by Occupant shall be the joint and several liability
of all such persons.
b. Wherever the context permits,
Occupant's obligations under this Agreement shall survive the delivery
and return of the Space
hereunder.
c. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid,
void, illegal or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect
and shall not invalidate or render unenforceable any other provision of this Agreement.
d. To the extent permitted by
applicable law, Occupant hereby waives any provision of law which renders any
provision hereof prohibited or unenforceable in any respect.
e. No term or provision of this
Agreement may be changed, waived, discharged or terminated orally,
but only by an instrument in writing signed
by the party against whom the enforcement of the charge,
waiver, discharge or termination is sought.
f. The captions in this Agreement are for the convenience of reference only and
shall not define or limit any of the terms or provisions hereof.
g.
As used herein, the term "Agreement" shall include all exhibits attached
hereto.
h. This Agreement shall in all
respects be governed by, and construed in accordance with, the laws of the State of California, including all matters of construction, validity and performances.
i.
Time
is the essence hereof.
23. INTEGRATION: This Agreement represents the entire and complete agreement
between Owner and Occupant with respect to the subject matter hereof,
and supersedes all prior negotiations, correspondence, understandings and
agreement relating to the subject matter of this Agreement.
