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HomeMy WebLinkAboutSH18-036 CENTRAL STORAGE Amend SH11-026, SH13-021 - Redacted contracts and sig sheetRENTAL AGREEMENT SVM— 02..x,9 Monday, November 28, 2011 OWNER: Central Storage 301 W Umptanum Road Ste 1 PO Box 858 Ellensburg, WA 98926 Phone: 509-925-9242 Fax: 509-925-9243 Email: centralstorage@yahoo.com Lease Number: 1118 Storage Unit Size: 36 X 60 Storage Unit Number: 7409 OCCUPANT: Kittitas County Sheriffs Office 3 07 W Umptanum Rd Ellensburg, WA 98926 Home Phone: (509) 962-7525 Work Phone: (509) Driver's License #: 0000 Social Security #: 12,717, 10: RCVa SPACE, RENT, FEES, CHARGES AND ACCESS CODE: Monthly Rate: $540.00 Rent Due Date: I st Late Fees: 10% if paid after the 6th. Security Deposit: $0.00 Amount Paid on Execution: $540.00 Next Rent Assessment: 1/1/2012 Paid - To - Date: 12/1/2011 Gate Access Code: * # ALTERNATE PERSON: Please provide the name and address of another person to whom the Preliminary Lien Notice and subsequent notices may be sent. Name: Address: Home Phone: DISCLOSE LIEN HOLDERS: Please provide the name and address of any liefflholders or secured parties who have an interest in the property stored or to be stored (If none write "none"): CENTRAL STORAGE, hereinafter Owner, tents to Occupant the storage space indicated above pursuant to the following terms and conditions; TERM: The term -of -the tenancy -shall -commence -on -the -date indicatadzabove and-shall-continue-antil-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 advanced 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 tent by Owner shall not constitute a waiver of Owner's rights and Occupant understands and agrees that acceptance of a partial rent payment made to cure a default for non-payment of rent shall not delay or stop foreclosure on Occupant's stored property as provided by the Washington Self-service Storage Facility Act. CHANGE OF 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. SECURITY DEPOSIT: Occupant will pay in advance a security deposit in the amount stated above to secure Occupant's faithful performance of all terms of this agreement. Occupant agrees that Owner need not segregate this deposit from other funds, and that no interest will be due for the period of time during which the deposit is held. This deposit less al I expenses incurred by Owner for damage to or cleaning of the storage space shall b -e returned to Occupant within 15 days after Occupant removes all stored property from the storage space. At Owner's sole option, amounts may be withheld from the security deposit to compensate Owner for any rent or any other charges due and unpaid under this agreement at the time Occupant relinquishes, abandons or otherwise loses possession of the storage space, Owner reserves the right to require an additional security deposit when deemed necessary in Owner's sole discretion. LATE FEES AND OTHER CHARGES: Occupant agrees to pay Owner the indicated late fee if rent is received six (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 or default, Occupant agrees to pay all collection and lien sale 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. wasnmgton Heir -serve storage ractutty flet (Kuw 19.1ou) ttUccupant tails to pay rent and other cages as outlined below, Failure of the Occupant to pay rent or other charges due for a period of six (6) consecutive days shall entitle the Owner to deny the Occupant access to the storage space and the Owner will place a lock belonging to the Owner on the door of the storage space until Occupant's default is cured, If any part of the rent or other charges due from the Occupant remain unpaid for fourteen (14) days the Owner may terminate the Occupant's right to use the storage space by sending a written preliminary notice of lien to the Occupant, The preliminary lien notice will specify the date by which all rent and other charges must be paid to the Owner in order to cure the default, If the date in the Preliminary Lien Notice passes without full payment being received from the Occupant no Owner shall then serve a Notice of Lien Sale or Notice of Disposal to ccupant, addressed to the Occupan s last clown address and to the alternative address specified in RCW 19.150,120 (2) by certified mail, postage prepaid. The Notice will contain all language as required by ROW 19.150.060, TERMINATION: Ten (10) days advanced written notice given by Owner or Occupant to the other party will terminate this tenancy, Oumer does not prorate rent; only frill 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 nellher care, custoc y nor control overOccupant's stored property, — A self storage space cannote use tor residential purposes, nor may an waives any claim Tor emotional or sentimental attachment to Nothing herein shall constitute any agreement or admission by Ownerthat Occupant's stored property has any value, nor shall anything alter the release of Owner's liability set forth below. HAZARDOUS OR 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 tinder 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 Occu ant Ocetr ant's agents, employees, invitees or guests. --- RE LEASE uests, RELEASE OF OWNER'S LIABILITY FOR PROPERTY DAMAGE: All personal property stored within or upon the storage space by Occupant shall be at Occupant's sole risk, Owner and Owner's agents and employees shall not be liable for any loss of or damage to any personal property in the storage space or at the self storage facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, waterdamage, mold, rodents, Acts of God, the active or passive acts or omissions or negligence of the Owner, Owner's agents or employees, RELEASE OF -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, even if such injury is caused by the active or passive acts or omissions or negligence of the Owner, Owner's agents or employees, INDEMNITY: Occupant agrees to indemnify, hold harmless and defend Owner from all claims, demands, actions or causes of action (including attorneys' fees and all costs) that are hereinafter brought by others arising out of Occupant's use of the storage space and common areas, including claims for Owner's active negligence, LOCKS: Occupant shall provide, at Occupants own expense, a lock that Occupant deems sufficient to secure the space. If the space is found unlocked Owner may, but is not obligated to, take whatever treasures Owner deems reasonable to re -secure the space, with or without notice to Occupant, 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. PROPERTY LEFT IN THE STORAGE SPACE: Owner may dispose of any property bft in the storage space or on the storage facility by Occupant after Occupant has terminated his or her tenancy, Occupant shall be responsible for paying all costs incurred by Owner in disposing of such property, OCCUPANT ACCESS: 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, 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'd'amage, or the enforcement of any remedy under any law,'statute or regulation. This jury trial waiver is also made by Occupanton 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 Occupant's last known address. 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 Owncr, Owner's agents or employees as to the suitability of the storage space for Occupant's intended use, Owner disclaims and Occupant waives any implied warranties of suitabilityor fitness for a particular use, 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 unenfprceable 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, 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 wl e understanding that by doing so I am entering a binding legal contract enforceable in the courts of the State of Wash gton, (Occupant's initials) ccupant si f • / 4!f (2— ' �- ';?,�, , Date On 8*eWf of Owner ) ) Date RENTAL 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: centralst6rage@fairpoint,com OCCUPANT: Kittitas County Sheriff's Office 307 W Umptanurn Rd Ellensburg, WA 98926 Home Phone: 509-962-7525 Work Phone: 509 - Driver's License #: 000000 Social Security #: Lease Number: 1340 Storage Unit Size: 18x60 Storage Unit Number: 7405 SPACE, RENT, FEES, CHARGES AND ACCESS CODE: Monthly Rate: $375.00 Rent Due Date: 1 st Late Fees: 10% if paid after the 6t" Security Deposit: $0.00 Amount Paid on Lease Execution: $No Payment Next Rent Assessment: 9/1/2013 Gate Access Code: a'# Rental Agreement Receipt Number: No Payment Paid - to - Date: 9/1/2013 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 Clue. 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. CHANGE OF 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. SECURITY DEPOSIT: Security Deposit is waived by Owner. LATE FEES AND OTHER CHARGES: Occupant agrees to pay Owner the indicated late fee if rent is received six (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 inay 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 terininate this Rental Agreement by providing thirty (30) clays 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) clays 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 hide and no bailment is created under this agreement. Owner exercises neither care, custody nor control over Occupant's stored property. items nor may animals be 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. HAZARDOUS OR 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 Loader any local, state or federal law or regulation, and fzom 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. 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 PROPERTY DAMAGE: 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. PROPERTY LEFT IN TIIE 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 Linder Washington law to have Occupant's items removed. OCCUPANT ACCESS: Occupant's access to the storage facility may be conditioned in any manner deemed reasonably necessary by Owner to maintain order. Stich 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. 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 Unnptanum Rd, Ellensburg, WA, 98926 and to the Kittitas County Board of Commissioners, 205 W 5th Ave Ste. 108, Ellensburg, NVA, 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 Agrocuient Page 4 of 5 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, VENUE AND 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 On Behalf of Owner Rental .Agreement Date 10, �.. 13 Date Page 5 of 5 REVISED INSURANCE SECTION (only for SH11-026 Unit #7409): The Occupant maintains insurance through the Washington Counties Risk Pool. The Owner hereby acknowledges that the coverage maintained by the County provides sufficient coverage from liability for potential claims arising pursuant to this Rental Agreement. These contracts are agreed to with all redactions as noted on the copies of the original contracts, attached. IN WITNESS WHEREOF, the parties have executed this Agreement this day of 2018. APPROVED: Central Storage BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Signature of Signatory (Date ) Jack Piper Print Name of Signatory Attest: Clerk of the Board - Julie Kjorsvik Chairman Vice -Chairman Commissioner Approved as to Form: By: Douglas R. Mitchell, Deputy Prosecuting Attorney Deputy Clerk of the Board - Mandy Buchholz Contractor's Address: 301 W Umptanum Rd. Ste 1 P.O. Box 858 Ellensburg, WA 98926 Project Contact: Jack Piper, Owner County's Address: Kittitas County 205 West 5t" Avenue, Suite 108 Ellensburg, WA 98926 KCSO Contact: Steve Panattoni, Administrative Sergeant