Fees are based on length of vehicle tip to tip: = $40/mo =$50/mo = $60/mo.

Transcription

1 SCHMID FARMS, INC. VEHICLE STORAGE LEASE AGREEMENT DATE SPACE #, Located at So. 99 th St, Sarpy County, Papillion, NE TERM: 3 months 6 months, or 12 months TOTAL Rent for lease term above: $ Fees are based on length of vehicle tip to tip: = $40/mo =$50/mo = $60/mo. First month rent payment + key fee payable on date of execution of this agreement. All further payments made under this Lease shall be made prior to the Termination Date set forth in the lease by credit card &/or PayPal on-line through or cash/check payable to Schmid Farms, Inc. and mailed to ATTN: Treasurer, P.O. Box , Papillion, NE Schmid Farms Package deal with RV site Rental: All registration fees waived except $50 for key. LESSOR S NAME: SCHMID FARMS, INC. ( Lessor ) LESSEE S NAME ( Lessee ) COMPANY NAME (IF APPLICABLE) LESSEE S PERMANENT ADDRESS CITY/STATE/ZIP PHONE CELL DRIVERS LICENSE # STATE EMERGENCY CONTACT PHONE CELL RV/VEHICLE MAKE/MODEL/YEAR TIP TO TIP/LENGTH LICENSE # OF RV/VEHICLE STATE EXPIRATION DATE OF LICENSE

2 PERSONAL PROPERTY MAXIMUM VALUE $ PROOF OF INSURANCE COPY IN FILE Most frequently asked questions are answered in this agreement. Please feel free to ask if you have additional questions. It is your responsibility to read everything in this agreement and abide by it or risk eviction. **WE do not print and mail invoices. If you do not receive a needed invoice via , please feel free to let the treasurer know and we will be happy to send one to you. Storage Lease. The undersigned Lessee ( Lessee ) hereby agrees to lease from Schmid Farms, Inc. ( Lessor ) the above-referenced storage space (the Leased Space ) for the total rental payment of $ for 3 mo. 6 mo. 12 mo. payable in monthly installments of plus one time $50 key fee. Lessees will have access to their property 7 days/week using a gate key/code, 6 AM to 10 PM, weather permitting. Lease Term. The term of this lease will be for a period of months (the Lease Term ). Either party may terminate this Agreement at any time upon providing the other party thirty (30) days written notice. In the event Lessee terminates this Agreement prior to the expiration of the Lease Term, Lessor shall not refund any rental payments (prorated or otherwise). The lease term will begin on and end on (the Termination Date ). Rent. Rent payments are due in full upon execution of the Lease. Only one (1) security card/key will be issued per storage space at a cost of $50.00 and this charge is non-refundable at termination of lease. If additional security cards/keys are needed, or a card/key is verifiably lost, Lessee will be charged $50.00 for each additional card/key required. Lease payments must be received by Lessor at the following address: ATTN: Treasurer, P.O. Box , Papillion, NE or credited by payment through the website upon execution of this Agreement. Late payments will accrue a late charge of $10.00 per day past the due date and Lessees more than 15 days past due shall be locked out until Lessee makes payment in full and brings all outstanding obligations under this Agreement current to the satisfaction of the Lessor. There are no refunds. There will be a $35.00 charge for a check returned for any reason. Payments are to be made in full only, no partial payment accepted. $10.00 per day will be charged after the Lease Term expires until Lessor receives payment in full. Storage fees are charged according to the overall end to end length of the vehicle being stored. If Lessee changes its vehicle during the Lease Term, Lessor will charge or credit Lessee s account a prorated difference for any length change. Storage fees must be paid in full in advance of the storage term Lessee intends to stay for. There shall be no refund of rent for a Leased Space which is vacated before the end of any Lease Term. Lessor reserves the right to increase the rental rate with (30) days written notice to Lessee prior to expiration of any current Lease Term. All items of personal property stored by Lessee will be sold or otherwise disposed of by Lessor if Lessee is in default of any of Lessee s obligations under this Agreement for a period of forty-five (45) days or

3 more. In the event any amount due under this Agreement is forty-five (45) days past due, the property stored will be deemed abandoned and can be sold or disposed of by Lessor, according to applicable law. Notice of Lien. Lessor, shall have a lien on the Lessee s personal property located on the Leased Space for any unpaid or delinquent rent, late fees, labor and other charges or fees (past, present and future), in relation to the property and expenses necessary for the preservation, sale or other disposition of the personal property, including attorney fees, according to applicable law. Lessee hereby grants Lessor, a lien on the personal property stored on the Leased Premises. The lien immediately attaches on the date on which Lessee s personal property is placed on the Leased Space. The personal property stored in the Leased Space may be sold by Lessor to satisfy the lien and all related expenses if Lessee is in default for a period of forty-five (45) days or more. Events of Default. Lessee will be in default of this Agreement for failing to perform on time any obligation or duty set forth in this Agreement. In the event of a default, Lessor may secure the unit (boot) and Lessee will be prohibited from accessing the Leased Space or Lessee s personal property located on the Leased Space until such time as Lessee has fully paid all amounts due and owing to Lessor and has fully and completely complied with the terms and obligations of this Agreement. Under no circumstances may Lessee remove any personal property from the Leased Space while Lessee is in default. Remedies. Lessor shall be allowed to obtain injunctive relief for the enforcement of its rights under this Agreement. Lessee agrees that any default of this Agreement will cause irreparable harm to Lessor, and Lessor will be entitled to injunctive relief (without bond or in a bond of nominal amount) to the extent necessary to enforce Lessor s rights under this Agreement. Lessor shall have all other rights and remedies allowed by law or in equity, in addition to the right to injunctive relief, including but not limited to the right to seek damages. Non-Assignment. Lessee shall not assign this Agreement or the benefits conferred to Lessee pursuant to this Agreement (in whole or in part) without first obtaining the express written consent of the Lessor. Storage spaces, fees, deposits, and security cards are all non-assignable and non-transferable without the written consent of the Lessor. Lessor may withhold approval or refuse to allow assignment at its sole and absolute discretion, for any reason or for no reason at all. Maximum Value Limitation. Lessee shall not store personal property on the Leased Space which exceeds $ _75,000_. The parties agree that this amount specifies the highest value of personal property that Lessee may store on the Leased Space and they acknowledge that such limit shall be deemed to be the maximum value attributed to the personal property stored by Lessee on the Leased Space. Insurance. LESSOR DOES NOT CARRY INSURANCE TO COVER ANY LOSS OF ANY KIND THAT LESSEE MAY INCUR while using the storage space and or the premises of Lessor, and Lessor shall not be held responsible or liable, directly or indirectly, for any loss or damage suffered by Lessee or any other party, no matter what the cause including but not limited to fire, explosion, theft, vandalism, wind or water, heat or cold or otherwise. Lessee is solely responsible for providing comprehensive insurance on Lessee s property stored within Lessor premises and provide written proof of policy coverage. This Lease is made upon the express condition that Lessor shall be free from any and all liability and or claims for damages by the Lessee by reason of or to the property stored.

4 Indemnification and Release. Lessee hereby fully and forever releases Lessor, and Lessor s officers, directors, shareholders, agents, property managers, and other representatives of Lessor from any and all claims for damages of any kind whatsoever related to this Agreement and the storage of Lessee s personal property on the Leased Space. Lessee hereby agrees to fully and completely indemnify and hold Lessor harmless from any and all claims, causes of action, damages, expenses, costs, expenses, attorney fees, etc. incurred by Landlord in connection with this Agreement. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all agreements previously made between the parties relating to the subject matter set forth herein, and cannot be modified or amended unless in writing signed by all parties. Binding Agreement. This Agreement shall be binding upon the parties and their respective heirs, successors, personal representative and/or assigns. No Waiver. The failure of Lessor to insist upon strict performance of any of the terms, conditions, and covenants herein shall not be deemed a waiver of any rights or remedies that Lessor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained, except and only to the extent expressly waived in writing. Section Headings. The section headings of this Agreement are for convenience and reference only, and in no way, define or limit the scope or content of this Agreement, or in any way affect its provisions. Partial Invalidity. If any of the provisions of this Agreement or the application thereof to any party or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Attorney Fees and Costs. In the event that Lessor shall incur legal fees related to the enforcement of its rights under this Agreement, including but not limited to collection of any related fees or other sums due from the Lessee through the courts or other means, Lessor shall be entitled to recover reasonable attorney fees and costs associated with such efforts. Governing Law. This Agreement shall be construed in accordance with and governed by laws of the State of Nebraska. Additional Provisions and Rules 1. The Leased Space shall not be used for residential purposes. 2. Lessee shall not allow the release of any hazardous materials or liquids on the Leased Space. 3. Lessee shall not carry on any business on the Leased Space and shall not use the Leased Space for any unlawful purposes. 4. Lessee shall not cause damage to or disturb, interfere with or do anything which may cause injury or loss to other persons or property. 5. Lessee may use the space only for the outdoor storage of one approved vehicle, or vehicle combination, lawfully owned or in the possession of the Lessee, and for no other use or purpose. No maintenance or changing of vehicle fluids is allowed on the premises other than normal cleaning and

5 winter weather preparation. All personal property of Lessee must be stored inside of the approved vehicle or attached to said vehicle. Unsecured property or abandoned property will be disposed of without notice. 6. It is the responsibility of the Lessee to notify Lessor of any change of address or other contact information by written notice to the above address of Lessor and by communication to: All notices from Lessor will be directed to the permanent address, phone number, and/or address provided by Lessee pursuant to the terms of this Agreement. 7. Lessee shall advise Lessor in writing of any person authorized by Lessee to have access to the Leased Space. The Lessee will be legally responsible for any damage, loss or injury, caused by any person brought onto the premises by Lessee, or visiting the property with Lessee s permission. Lessor, will not knowingly release any property to any person or company other than the Lessee identified in this Agreement. 8. Lessee may not perform any repairs or maintenance to any personal property located on the Leased Space without first obtaining the written consent of Lessor. To facilitate routine care & upkeep of the property, Lessee may not store anything outside of RV or space. 9. Lessor, its employees or agents may enter Leased Space for any purpose including for the necessary maintenance or in case of emergency, fire, etc. Where feasible, advance notice of such entry will be given to Lessee. 10. Lessee shall be courteous to all neighbors at all times, and respectful of their space. 11. Lessee shall park in the designated parking area only. 12. Lessor reserves the right to move any vehicle on the Leased Space. If Lessee s vehicle is improperly parked or if emergency requires that the vehicle and other personal property be moved, it will be moved at Lessee s expense, and if Lessor is required to pay for such expense, Lessee agrees to fully reimburse Lessor for such costs within 10 days of being invoiced for the same. If for any reason, Lessee is unable to park in the Leased Space, Lessee agrees to park in the designated temporary parking section and contact the Lessor s contact person immediately. 13. The vehicle that is registered and recorded on this Agreement is the only vehicle permitted on the Leased Space. All vehicles must have a currently registered license plate attached and visible (from the outside) at all times. If Lessee s property is shrink wrapped or covered, Lessee shall ensure either the license plate or Leased Space number is visible or legibly written in three-inch (3 ) font. 14. All vehicles must be movable at all times. All tires must be inflated and attached to the vehicles. Lessee shall not lock or chain the wheels or attach any part of the vehicle to anything. 15. During the winter months, the road to and from the storage area will be plowed within a reasonable period of time after a minimum of 4 of snow has fallen. If Lessee removes the vehicle from the Leased Space during the winter, Lessee is responsible to clear the snow from area in front of the vehicle. If Lessee plans to use the vehicle during winter months, Lessee shall provide advance written notice to Lessor.

6 16. It is the Lessee s responsibility to keep their proof of insurance up to date in Lessor files. The agent may it to: sfi.treasurer@gmail.com 17. Lessor reserves the right to change any rule or requirement under this Agreement at any time without notice to Lessee.

7 I have read and understand the Terms of Agreement. I agree to abide by all terms and conditions of this Agreement. I have retained a copy of this Agreement for my records upon signing. Lessee Lessor Printed Name Date Schmid Farms, Inc.