THIS AGREEMENT, executed at Weld County, Colorado, on the day of ,
, between 19&26 RV STORAGE, LLC, a Colorado limited liability company (hereinafter
called "OWNER") and the LESSEE/OCCUPANT:
LESSEE/OCCUPANT
Alternate Contact
Vehicle Description
If Other:
This is a monthly lease for storage
From
To
The rent is due at the beginning of storage and each succeeding term on the first day of that term until terminated by either the OWNER or the LESSEE in writing.
Late Fee: $5 per day
Returned Check Fee: $75
1. PREMISES: OWNER hereby leases to OCCUPANT, and OCCUPANT rents from
OWNER, on the terms and conditions herein set forth, vehicle storage space, herein called "the
premises". The premises shall be used solely for the purpose of storage pursuant to the terms and
conditions of this agreement and for no other purpose whatsoever.
2. TERMS: The term of the agreement shall commence on the date set forth above and
continue on a period to period basis as noted above, provided, however, that the term of this
agreement shall be automatically extended on the same terms and conditions for similar succeeding
periods at the stated rent unless and until OCCUPANT has removed his vehicle from the premises
and has given written notice thereof to OWNER. OWNER may change Monthly Storage Charge
by giving OCCUPANT a written notice at least thirty (30) days prior to the effective date of the
change. OWNER may terminate this agreement with or without cause at the end of any storage term,
and OWNER may terminate this agreement for reasonable cause at any time by giving OCCUPANT
written notice at least twenty-four (24) hours prior to the termination date and upon refunding any
unearned rental.
3. RENTAL TERMS: Although the typical rental term is monthly, the minimum is one day.
All rent is payable in advance of the rental period.
4. STATEMENTS/NOTICES: It is expressly understood and agreed that the OWNER is not
required to nor does it send out monthly statements or reminders of rental due dates. Notification
will only be given when rent is delinquent. There will be a service charge for each dishonored check
and/or for each rent payment paid ten (10) days or more after the date rent is due to defray clerical
and administrative expenses which ordinarily result from such delinquencies. The amount of such
service and/or administrative charge is posted in the rent schedule above. Such charge is due without
prior notice as additional rent. Notwithstanding the service charge, time is of the essence and in the
event any rental is due and unpaid, the OWNER may terminate this agreement by reason of default
in the payment of rent.
5. LIENS: OWNER has a lien on all vehicles stored in rented spaces as of the date the vehicle
is brought to the premises, for rent, and/or other charges, present or future, reasonably incurred for
its preservation, sale or disposal. If no payment has been received for thirty (30) days after the rental
due date the OCCUPANT will be considered in default and access to the vehicle will be denied, the
OWNER will also begin enforcement of OWNER's lien, which includes entering the vehicle,
advertising, selling and/or disposing at OWNER's discretion. If any monthly installment is not made
within the ten (10) day grace period as stated in paragraph 4 above, (a) a late charge will be assessed
in the amount stated above and/or (b) if any check given in payment is dishonored, a return check
charge will be assessed in the amount stated above.
The OWNER's lien is superior to any other lien or security interest, except those which are
perfected and recorded prior to date of this rental agreement in Colorado, in the name of the
OCCUPANT, either in the County of the OCCUPANT's last known address or in Weld County,
except any tax lien as provided by law and except those liens or security interests of whom the
OWNER has knowledge through the OCCUPANT's written disclosure prior to this agreement.
6. AGREEMENT READ, COPY RECEIVED AND INCORPORATION OF
PROVISIONS: by placing his/her initials on the margin here, OCCUPANT acknowledges that
he/she has read, is familiar with, and agrees to (a) all the terms and condition sof htis agreement, and
(b) the attached provisions of this agreement, and OWNER and OCCUPANT agree that all such
provisions constitute a material part of this agreement and are hereby incorporated by reference,
including the reviewing of all bold faced items. OCCUPANT acknowledges receipt of a true and
exact copy of this agreement and of the rules and regulations of this facility.
Initials:
7. INSPECTION: OCCUPANT has been afforded an opportunity to inspect the premises, and
by placing his/her initials in the margin acknowledges and agrees that the premises and the common
areas are satisfactory for OCCUPANT's purposes, including the safety and security thereof, for
which OCCUPANT shall use the premises or the common areas.
Initials:
8. NON-LIABILITY OF OWNER FOR DAMAGES; INSURANCE OBLIGATION OF
OCCUPANT: This agreement is made on the express condition that OWNER is to be free from
all liability and claim for damages by reason of injury or damages of any kind to any person,
including OCCUPANT, or property of any kind whatsoever and to whomever belonging, including
OCCUPANT from any cause or causes whatsoever while in, upon, or in any way connected with the
premises during the term of this agreement or any extension hereof, except injuries caused by an
affirmative act of OWNER or OWNER's agent, and OCCUPANT hereby agrees to hold OWNER
harmless from any liability, loss, cost (including, without limitation attorney fees) or obligation on
account of or arising out of any such injuries or losses however occurring, and OCCUPANT agrees
that the OWNER'S liabilities for damage occasioned by it or its agent shall be limited to the sum of
$100.00. OCCUPANT agrees to maintain or secure fire, extended coverage and comprehensive
liability insurance covering the full insurance value of goods or property stored on the premises.
OCCUPANT has the right to be self insured, but assumes full risk for damage to stored property.
Insurance carried by the OWNER shall be for the sole benefit of the OWNER. The
OCCUPANT shall make no claim whatsoever against OWNER's insurance. Therefore,
OCCUPANT secures its own insurance to protect itself and its property against all perils of
whatsoever nature. OWNER shall not be liable whatsoever to any extent to OCCUPANT or
OCCUPANT's invitees, family, employees, agents or servants for any personal injury or property
damage or loss from theft, vandalism, fire, smoke, water, hurricanes, rain, tornadoes, explosions,
rodents, insects, civil disturbances, unlawful entry, acts of God or any cause whatsoever. It is
specifically understood and agreed that OWNER need not be concerned with the kind, quantity, or
value of personal property or other goods stored by the OCCUPANT.
9. RELEASE OF LIABILITY: The OCCUPANT hereby releases the OWNER from loss of
or damage to OCCUPANT's personal property due to burglary, mysterious disappearance, fire, water
damage, rodents and act of God. OCCUPANT agrees that property stored is at the sole risk of the
OCCUPANT.
10. JURY TRIAL WAIVER: The OCCUPANT hereby agrees to waiver of jury trial and to
have any lawsuit arising out of this agreement tried before a judge.
11. NO BAILMENT IS CREATED HEREUNDER: OWNER is not a warehouseman
engaged in the business of storing goods for hire, and all property stored within or on the space by
OCCUPANT or located at the facility by anyone is at OCCUPANT's sole risk. OCCUPANT
acknowledges that OWNER does not take care, custody, control possession or dominion over the
contents in or on the space or at the facility and does not agree to provide protection for the facility,
the space or the contest thereof. OCCUPANT must take whatever steps he/she deems necessary to
safeguard what is at the facility or in or on the space. OCCUPANT assumes full responsibility for
who has the keys and access to the vehicle or other stored property.
12. INDEMNIFICATION AND HOLD HARMLESS: OCCUPANT agrees to indemnify,
defend and hold harmless the OWNER, its agents, employees, officers, managers, members and
directors from and against any and all claims for damaged or lost property or personal injury and
costs including attorney's fees arising from OCCUPANT's rent of the space or the facility or from
any activity, work, or thing done, permitted or suffered by OCCUPANT in the space(s) or about the
facility.
13. WAIVER OF SUBROGATION: OCCUPANT agrees to waive its rights and the rights of
its insurance company for any claim for loss or damages against the OWNER.
14. COMPLIANCE WITH LAW: OCCUPANT shall not store in the premises any items
which shall be in violation of any order or requirement imposed by any Board of Health, Sanitary
Department, Police Department or other government or governmental agency or in violation of any
other legal requirements, or do any act or cause to be done any act which creates or may create a
nuisance and/or hazard.
15. USE AND ALTERATIONS: OCCUPANT shall not make or allow any alterations to the
premises. The premises shall be used for storage purposes only as to those approved by OWNER,
such as Motor Homes, Travel Trailers, Recreational Vehicles and Boats owned by the OCCUPANT,
and for no other use. The OCCUPANT agrees to comply with the rules and regulations of the
OWNER, and further agrees that the OWNER shall have the continuing right to amend such rules
and regulations from time to time as the OWNER in its sole discretion shall deem proper, and the
OCCUPANT agrees to comply with such amendments within a reasonable time following
notification of such amendments. The OCCUPANT acknowledges that he has read the rules and
regulations that may be attached hereto.
16. WASTE, QUIET CONDUCT, MAINTENANCE: OCCUPANT shall not commit, or
allow to be committed, any waste upon the premises. The OCCUPANT shall not use the premises
for any business or purpose or in any manner deemed by the OWNER to be disreputable or
hazardous. The storage of flammable, explosive or other inherently dangerous-material is
prohibited. OCCUPANT shall take good care of the premises, necessitated or occasioned by the act
or neglect of OCCUPANT or any agent of the OCCUPANT or other person for whose acts
OCCUPANT is responsible.
OCCUPANT shall not cause or permit any hazardous substance or any highly corrosive,
toxic, or pollutant type materials to be stored, used, generated, or disposed of on or in the premises
by OCCUPANT, OCCUPANT's agents, employees or invitees. If hazardous substances are stored,
used, generated, or disposed of on or in the premises, or if the premises becomes contaminated in
any manner for which the OCCUPANT is legally liable, OCCUPANT shall indemnify and hold
harmless the OWNER from any and all claims, damages, fines, judgments, penalties, costs,
liabilities, or losses, and any and all sums paid for settlement of claims, attorney's fees, consultant
and expert fees, arising during or after the lease term and arising as a result of that contamination by
OCCUPANT. Without limitations of the foregoing, if OCCUPANT caused or permits the presence
of any hazardous substance on the premises that results in contamination, OCCUPANT shall
promptly, at its sole expense, take any and all necessary actions to return the premises to the
condition existing prior to the presence of such hazardous substance on the premises.
17. ABANDONMENT OF OCCUPANT'S PROPERTY: Any property which shall remain
on the premises after the expiration or termination of this agreement shall be deemed to have been
abandoned and that the same has no monetary value, and such property may be retained by OWNER
as its property or disposed of in such manner as OWNER may see fit. If such property or any part
thereof shall be sold, OWNER may receive and retain the proceeds of such sale and apply the same,
at its option, against the expense of the sale, the cost of moving and storage, and any arrears of rent
or additional rent payable hereunder and any damages to which OWNER may be entitled.
18. OWNER'S RIGHT OF ENTRY; SALE OF PROPERTY: The Colorado Self-Service
Storage Facility Act gives the OWNER a lien upon all personal property, whether or not owned by
the OCCUPANT, located at the storage facility for rent, labor or other charges. In case any rent shall
be due and unpaid, or OCCUPANT shall default in any of the covenants including but not limited
to anyone or more of the following: a) terminate this rental agreement; b) seize and take possession
of any personal property, after written notice to OCCUPANT, if rent and expenses of OWNER are
not paid; c) sell the property at a public or private sale, for payment of the rent and expenses related
to said action, and hold any remaining proceeds on behalf of OCCUPANT; and/or d) exercise any
other right of OWNER under the Colorado Self-Service Storage Facility Act or any other law of the
State of Colorado. OWNER'S expenses shall include all expenses relating to taking possession and
sale of the property, including reasonable attorney's fees. Any notice given pursuant to this section
shall be presumed delivered when deposited with the United States Postal Service, certified mail
addressed to the last known address of the OCCUPANT. Advertisement of a sale, if utilized, shall
be once a week for two (2) consecutive weeks in a newspaper of general circulation in the County
where the facility is located. OWNER shall not have any responsibility for determining the value
of such property. OCCUPANT agrees that OWNER and OWNER's agents and other representatives
shall have the right to enter upon the premises, or any part thereof, at all reasonable hours for the
purpose of making such repairs or alterations to the premises as necessary. OWNER shall promptly
notify OCCUPANT by certified mail, either before or after entry, so that OCCUPANT may appear
at the self-storage facility office and inspect the premises.
19. NO WARRANTIES: OWNER hereby disclaims any implied or express warranties,
guarantees or representations of the nature, condition, safety or security of the premises and
OCCUPANT hereby acknowledges, as proved in paragraph 7 hereof, the OCCUPANT has inspected
the premises and hereby acknowledges and agrees that OWNER does not represent or guarantee the
safety or security of the premises or of any property stored thereon. This agreement sets forth the
entire agreement of the parties with respect to the subject matter hereof and supersedes all prior
agreement of understandings with respect thereto. No representative of OWNER is authorized to
make any representations or warranties except as expressly set forth herein.
20. ACCEPTANCE OF PAYMENT OF RENT: In the event of a default by the OCCUPANT,
OCCUPANT agrees that (a) the tender of the rental by OCCUPANT and the acceptances thereof by
OWNER, if not the full amount due, or (b) the allowing of OCCUPANT to remove his personal
property from the premises, after the delivery of a preliminary lien notice pursuant to applicable
Colorado State Statutes or during the pendency of an unlawful detainer action, shall not constitute
a waiver of the preliminary lien notice, the notice of termination nor shall it reinstate the terms and
provision of the rental agreement.
21. NO CAMPING, RESIDENCY OR SLEEPING: OCCUPANT may not camp, reside or
sleep on the premises or in any vehicle or property on the premises. The premises do not have water,
sewer, or electrical power and are not suitable for habitation and no habitation, temporary or
permanent shall be allowed.
22. ASSIGNMENT: OCCUPANT shall not assign or sublease the premises or any portion
thereof. Any attempt to assign or sublease shall be void.
23. WAIVER: The waiver by either party of any breach of any term, covenants or condition
herein contained shall not be deemed to be a waiver of such term, covenant or condition upon any
subsequent breach of the same term, covenant or condition. Any subsequent acceptance of
performance shall not be deemed to be waiver of any preceding breach of any term, covenant or
condition of this agreement, other than the failure to perform the particular duties subsequently
accepted, regardless of knowledge of such preceding breach at the time of acceptance of such
performance.
24. ATTORNEY'S FEES AND COSTS: In the event any action be instituted, or other
proceedings taken to enforce any covenant herein contained or to recover any rent due or to recover
possession of the premises for any default or breach of this agreement of OCCUPANT, OCCUPANT
shall pay OWNER's reasonable attorneys' fees, costs and expenses.
25. SUCCESSORS: All the provisions herein shall apply to the heirs, executors,
representatives, successors and assigns of the OCCUPANT and of the OWNER.
26. NUMBER AND GENDER: Wherever the context of this agreement appears to require it,
the singular number shall include the plural, and vice versa, and the masculine gender shall include
the feminine and/or neuter genders, and vice versa.
27. CONSTRUCTION: This agreement has been reviewed and negotiated and its terms and
provisions explained to OCCUPANT. Accordingly, this agreement shall not be construed for or
against either OWNER or OCCUPANT.
28. SEVERABILITY: In the event any of the provisions of portions thereof of this agreement
are held to be unenforceable, invalid, void or illegal, by any Court of competent jurisdiction, the
validity, legality and enforceability of the remaining provisions or portions hereof shall not be
affected or impaired thereby.
29. NOTICES: OCCUPANT agrees to give prompt written notice to OWNER of any change
in OCCUPANT's address. Said written notice shall be mailed to OWNER at 11737 Locust Street,
Firestone, CO 80504.
30. EMOTIONAL LOSS: OCCUPANT agrees not to store collectibles, heirlooms, jewelry,
works of art or any property having special or sentimental value to OCCUPANT on the premises.
Nothing herein shall constitute any agreement or admission by the OWNER that OCCUPANT's
stored property has any value. OWNER shall not be liable for any loss occasioned by or resulting
from emotional distress.
