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HomeMy WebLinkAboutSH13-021 CENTRAL STORAGE Original agreementRENTAL AGREEMENT September 1,2013 OWNER: Central Storage 301 W Umptanum Road Ste.1 Ellensburg WA 98926 Phone:509-925-9242 Fax:509-925-9243 Email:centralstorage@fairpoint.com OCCUPANT:Lease Number:1340 Kittitas County Sheriff's Office Storage Unit Size:18x60 307 W Umptanum Rd Storage Unit Number:7405 Ellensburg,WA 98926 Home Phone:509-962-7525 Work Phone:509- Driver's License #:000000 Social Security #: SPACE,RENT,FEES,CHARGES AND ACCESS CODE : Monthly Rate:$375.00 Rent Due Date:1st Late Fees:10%if paid after the 6 Security Deposit:$0.00 Amount Paid on Lease Execution:$No Payment Receipt Number:No Payment Next Rent Assessment:9/1/2013 Paid -to -Date:9/1/2013 Gate Access Code:*# Rental Agreement Page 1 of 5 CENTRAL STORAGE,hereinafter Owner,rents to Occupant the storage space indicated above pursuant to the following terms and conditions: TERM:The term of the tenancy shall commence on September 1,2013 and shall continue until terminated on a month-to-month basis.The minimum rental term is one month. RENT:The rent shall be the amount stated above and paid to Owner at the address stated above. Rent is due each month on the rent due date in advance and without demand.Owner reserves the right to require that rent and other charges be paid in cash,certified check or money order. Owner may change the monthly rent or other charges by giving Occupant thirty (30)days advance written notice by first-class mail at the address stated in this agreement.The new rent shall become effective on the next date rent is due.If Occupant has made advanced rental payments,the new rent will be charged against such payments,effective upon giving notice of the new rate. PARTIAL RENT PAYMENTS:Owner,at Owner's sole discretion,may accept or reject partial rent payments.Acceptance of partial payments of rent by Owner shall not constitute a waiver of Owner's rights. CHANGEOF ADDRESS:Occupant's must provide address changes to Owner in writing.Such change will become effective when received by Owner.It is Occupant's responsibility to verify that Owner has received and recorded the requested change of address. SECURITYDEPOSIT:Security Deposit is waived by Owner. LATE FEES AND OTHERCHARGES:Occupant agrees to pay Owner the indicated late feeifrentisreceivedsix(6)or more days after the due date.Occupant agrees to pay Owner the indicated bad check charge plus all bank charges for any dishonored check.These fees are considered additional rent and are to compensate Owner for labor and other costs of collection. In the event of default,Occupant agrees to pay all collection of rent costs incurred by Owner. DENIAL OF ACCESS:When rent or other charges remain unpaid for six (6)consecutive days, Owner may deny Occupant access to the storage space. DEFAULT:In the event Occupant fails to comply with any of Occupant's commitments,duties or responsibilities under this Rental Agreement,or any of its conditions or terms as herein stated, the Owner may terminate this Rental Agreement by giving ten (10)days written notice of the conditions or terms being violated.If said failures are not corrected within the ten (10)day period,this Rental Agreement may be terminated and the Owner shall be entitled to peaceably retake possession of the premises.In addition to the provisions hereinabove,and/or as an alternative or cumulative remedy,Owner may,at its sole election,pursue any other action, redress,or remedy now or hereafter available to Owner under the laws of the State of Washington. TERMINATION:Per RCW 59.04.020,either party may terminate this Rental Agreement by providing thirty (30)days advanced written notice to the other party.Owner does not prorate Rental Agreement Page 2 of 5 rent;only full months'prepaid rent shall be returned to Occupant within fifteen (15)days of vacating the unit.Occupant must leave the space clean and in good condition.Occupant is responsible for all damages. USE OF STORAGE SPACE:Owner is not engaged in the business of storing goods for hire and no bailment is created under this agreement.Owner exercises neither care,custody nor control over Occupant's stored property.Occupant agrees to use the storage space only for the storage of property wholly owned by Occupant.A self storage space cannot be used for residential purposes,storing perishable items nor may animals be stored.Occupant shall not store antiques,artworks,heirlooms,collectibles or any property having special or sentimental value to Occupant.Occupant waives any claim for emotional or sentimental attachment to the stored property.Nothing herein shall constitute any agreement or admission by Owner that Occupant's stored property has any value,nor shall anything alter the release of Owner's liability set forth below. HAZARDOUSOR TOXIC MATERIALS PROHIBITED:Occupant is strictly prohibited from storing or using materials in the storage space or on the facility classified as hazardous or toxic under any local,state or federal law or regulation,and from engaging in any activity which produces such materials.Occupant's obligation of indemnity as set forth below specifically includes any costs,expenses,fines or penalties imposed against the Owner,arising out of the storage or use of any hazardous or toxic material by Occupant,Occupant's agents,employees, invitees or guests.Owner may enter the storage space at any time to remove and dispose of prohibited items. INSURANCE:The Occupant maintains insurance through the Washington Counties Risk Pool. The Owner hereby acknowledges that the coverage regularly maintained by the County provides sufficient coverage from liability for potential claims arising pursuant to this Rental Agreement. OWNER'S LIABILITY FOR PROPERTYDAMAGE:All personal property stored within or upon the storage space by Occupant shall be at Occupant's sole risk. OWNER'S LIABILITY FOR BODILY INJURY:Owner,Owner's agents and employees shall not be liable to Occupant for injury or death as a result of Occupant's use of the storage space or the self storage facility. INDEMNITY:Occupant agrees to defend,indemnify and hold harmless Owner from any and all claims or demands whatsoever arising out of any loss,damage,or injury to persons or property resulting from the Occupant's use or occupancy of said premises and leased area,or caused by the acts or neglect of the Occupant,his agents or employees. LOCKS:Occupant shall provide,at Occupant's own expense,a lock that Occupant deems sufficient to secure the space.If the space is found unlooked Owner may,but is not obligated to, take whatever measures Owner deems reasonable to re-secure the space,with or without notice to Occupant. Rental Agreement Page 3 of 5 RULES AND REGULATIONS:Owner shall have the right to establish or change the hours of operation for the facility and to promulgate rules and regulations for the safety,care and cleanliness of the storage space or the preservation of good order on the facility.Occupant agrees to follow all rules and regulations now in effect,or that may be put into effect from time to time. PROPERTYLEFT IN THE STORAGE SPACE:If any of Occupant's property is left in the storage unit or on the storage facility after the tenancy has been terminated,Owner may pursue any remedies under Washington law to have Occupant's items removed. OCCUPANTACCESS:Occupant's access to the storage facility may be conditioned in any manner deemed reasonably necessary by Owner to maintain order.Such measures may include but are not limited to,limiting hours of operation,requiring verification of Occupant's identity and inspecting vehicles that enter the storage facility. OWNER'S RIGHT TO ENTER:Occupant grants Owner,Owner's agents or representatives of any governmental authority,including police and fire officials,access to the storage space upon three (3)days advanced written notice to Occupant.In the event of an emergency,Owner, Owner's agents or representatives of governmental authority shall have the right to enter the storage space without notice to Occupant,and take such action as may be necessary or appropriate to protect the storage facility,to comply with applicable law or enforce Owner's rights. NO SUBLETTING:Occupant shall not assign or sublease the storage space without the written permission of the Owner.Owner may withhold permission to sublet or assign for any reason or for no reason in Owner's sole discretion. WAIVER OF JURY TRIAL:Owner and Occupant waive their respective rights to trial by jury of any cause of action,claim,counterclaim,or cross complaint,in any action brought by either Owner against Occupant,or Occupant against Owner,or Owner's agents or employees,on any matter arising out of,or in any way connected with this rental agreement,Occupant's use of the storage space or this storage facility,or any claim of bodily injury or property loss or damage,or the enforcement of any remedy under any law,statute or regulation.This jury trial waiver is also made by Occupant on behalf of any of Occupant's agents,guests or invitees. NOTICES:All notices required by this rental agreement shall be sent by first class mail postage prepaid to the Kittitas County Sheriff's Office,307 W Umptanum Rd,Ellensburg,WA,98926 and to the Kittitas County Board of Commissioners,205 W 5th Ave Ste.108,Ellensburg,WA, 98926.Notices shall be deemed given when deposited in the United States mail.Occupant agrees that any such notice is conclusively presumed to have been received by Occupant five (5)days after mailing,unless returned to Owner by the U.S.Postal Service.All statutory notices shall be sent as required by law. NO WARRANTIES:No expressed or implied warranties are given by Owner,Owner's agents or employees as to the suitability of the storage space for Occupant's intended use Rental Agreement Page 4 of 5 i NO ORAL AGREEMENTS:This rental agreement contains the entire agreement between Owner and Occupant,and no oral agreements shall be of any effect whatsoever.Occupant acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the storage space for the storage of Occupant's property,and that Occupant has made his own determination of such matters solely from inspection of the storage space and the facility.Occupant agrees that he is not relying,and will not rely,upon any oral representation made by Owner or by Owner's agents or employees purporting to modify or add to this rental agreement.Occupant understands and agrees that this agreement may be modified only in writing,signed by both parties. SUCCESSION:All provisions of this rental agreement shall apply to and be binding upon all successors in interest,assigns or representatives of the parties hereto. ENFORCEMENT:If any part of this rental agreement is held to be unenforceable for any reason,in any circumstance,the parties agree that such part shall be enforceable in other circumstances,and that all the remaining parts of this agreement will be valid and enforceable. VENUEAND CHOICE OF LAW:Notwithstanding any contrary provision of Washington law,in the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement,the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas.This Agreement shall be governed by the law of the State of Washington. NO ALTERATIONS:Occupant shall make no alterations to the interior or exterior of the space without the written permission of the Owner authorizing such alterations. I have read through this agreement and understand it completely.I have had an opportunity to consult with legal counsel regarding the advisability of my entering into this agreement.I understand this agreement limits the Owner's liability for loss or damage to my property.I am signing this document with the understanding that by doing so I am entering a binding legal contract enforceable in the courts of the State of Washington.&(Occupant's initials) Occupant Signature Date On Behalf of Owner Date Rental Agreement Page 5 of 5