1.1 All Vehicles must be insured and properly registered with the Colorado Department of Revenue. Tenant shall provide proof of insurance and registration upon the execution and acceptance of this Rental Agreement.
2. TERM. The term of this Rental Agreement shall commence at 12:01 a.m. on rental agreement date written, and shall continue on a month-to-month basis thereafter until terminated.
3. RENT. Tenant shall pay the sum of rental rate which will be discussed with the property manager per month, and prorated for any fraction of a month, payable in advance, commencing on the first day of the term of this Rental Agreement and due on the first day of each succeeding month. Owner reserves the right to change storage rates with 30 days prior written notice to Tenant. It is Tenant’s responsibility to pay on or before the due date. A bill will not be sent to Tenant.
3.1. If Tenant removes the Vehicle and terminates this Rental Agreement BEFORE the 15th day of the month, Tenant will receive a prorated refund. If the Tenant removes the Vehicle and terminates this Rental Agreement AFTER the 15th day of the month, rent will not be prorated and no refund will be issued to Tenant.
4. ADMINISTRATION FEE. Tenant shall pay an Administration Fee in the amount of $10 due upon the execution of this Rental Agreement. This fee is non-refundable.
5. LOCKS. Tenant must lock the Vehicle if it is capable of being locked. Owner may, but is not required, to lock the Vehicle if it is found open.
6. USE AND COMPLIANCE WITH LAW. Tenant shall not use the Property for unlawful purposes, and shall keep its space clean and free of trash. Tenant agrees to follow all of Owner’s rules currently in effect or that may be put into effect from time-to-time. TENANT SHALL NOT: (a) perform maintenance or work on any Vehicle on the Property; (b) discharge grey water, sewage, or any other hazardous material, including but not limited to, flammable materials such as gasoline, oil, fuel, grease, motor oil; (c) store old or unused tires or batteries, or any other inherently dangerous or health risk items or materials in the interior of the Vehicle or on the Property; or (d) place any items in or on the Vehicle which shall be in violation of any statute, rule or regulation. Tenant shall NOT do any act or cause to be done any act which creates or may create a nuisance in or about the Property.
7. DISCLOSURE OF LIENHOLDERS. In accordance with C.R.S. §§38-21.5-101, et seq., Tenant shall disclose, and has disclosed on Exhibit A, the names, addresses and telephone numbers of all lienholders with an interest in any Vehicle that is or will be stored or parked on the Property.
8. SURRENDER OF STORAGE SPACE. Tenant covenants and agrees that on the last date of this Rental Agreement, or any renewal or extension hereof, it will quietly and peaceably leave and surrender its storage space to Owner. There is no refund for unused days if you vacate after the rental due date of the current month.
9. ACCESS BY OWNER. Owner, its agents and employees shall have access to and the right to inspect the Vehicle at any reasonable time to examine whether any fluids are leaking from the Vehicle.
10. LIABILITY/INDEMNITY/INSURANCE. Tenant agrees to use and occupy the Storage Space at its own risk, and hereby releases Owner, its agents and employees to the fullest extent permitted by law from any claims for any damage, loss, or personal injury of any kind or character whatsoever sustained as a result of fire, theft, storm, water or for any cause whatsoever including but not limited to loss or damage resulting from the negligence of Owner. Tenant agrees to hold harmless and indemnify Owner, its agents and employees from and against any and all claims (including all costs, expenses, liabilities and attorney fees) for damage, loss or personal injury of any kind or character whatsoever arising regarding the Storage Space, whether the same is caused or contributed to by the negligence of Owner, its agents or employees. Tenant must provide its own insurance against all perils, as Owner is providing no insurance for Tenant or for Tenant’s Vehicle or personal property. Owner is not a bailee of Tenant’s Vehicle or personal property and does not accept control, custody or responsibility for the care of Tenant’s Vehicle or personal property.
11. DEFAULT/OWNER’S REMEDIES/LIEN. Tenant shall be deemed in default if Tenant fails timely to pay rent or other charges, or fails or refuses to perform any of the covenants, conditions or terms of this Rental Agreement. If Tenant defaults, Owner may, at its option, pursue any or all of the following remedies without being deemed guilty of any manner of forcible or unlawful entry or detainer, trespassing or conversion, and without prejudice to any remedies of Owner: (a) terminate this Rental Agreement, (b) deny Tenant access to the Vehicle or Property and any personal property stored therein, (c) tow from the Property by an independent towing carrier holding current and valid operating authority from the Colorado public utilities commission. and (d) pursue the remedies provided by C.R.S. §§38-21.5-101, et seq. Owner is not liable for the Vehicle or any property stored therein, or for any damages to the Vehicle or property once the towing carrier takes possession of the Vehicle. IN ACCORDANCE WITH C.R.S. §38-21.5-102, OWNER HEREBY CLAIMS A LIEN UPON THE VEHICLE STORED ON THE PROPERTY FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE VEHICLE AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO C.R.S. §§38-21.5-101, ET SEQ. THE VEHICLE STORED UNDER THE TERMS THIS RENTAL AGREEMENT WILL BE SOLD OR OTHERWISE DISPOSED OF IN ACCORDANCE WITH C.R.S. §§38-21.5-101, ET SEQ. IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS SIXTY-DAY PERIOD. Proceeds from the sale will be distributed first to satisfy all liens. The remainder, if any, will be held for the Tenant, then the funds will be transferred to the appropriate state authority. This lien and all rights granted herein are in addition to any lien or rights granted by the states of the State of Colorado.
12. NOTICE OF TERMINATION. Absent a default by Tenant, for which other termination provisions are provided for herein, Owner shall give Tenant at least thirty (30) days notice before terminating this Rental Agreement. Tenant shall give Owner at least thirty (30) days notice before terminating this Rental Agreement or vacating the Storage Space.
13. LATE CHARGE/INTEREST/RETURNED CHECKS. Any rent not paid by the 10th day of the month will result in a late fee charge of $20.00 or 20% of the monthly rental amount, whichever is greater, for each late rental payment. If rent remains unpaid after one full month, Tenant will be charged a $50.00 lien processing fee, assessment of lien and sale of stored goods. Any towing fees and labor costs will also be charged to Tenant. Tenant shall pay Owner an additional charge of $ 35.00 for all returned checks and reserves the right to require Tenant to pay with certified funds after one check is returned for insufficient funds.
14. NOT ASSIGNABLE. The Rental Agreement shall not be assignable by Tenant.
15. ATTORNEY FEES. Tenant agrees to pay Owner’s attorney fees and costs if Owner is reasonably required to consult with an attorney to collect any amount due under this Rental Agreement.
16. NOTICES. All notices required by this Rental Agreement shall be in writing and shall be either (1) personally delivered to the required party or parties; or (2) sent by registered or certified mail, return receipt requested, to the required party or parties at the addresses above. Notice shall be deemed delivered when personally delivered or mailed to such addresses, either by registered or certified mail, return receipt requested. Any party may change its address by giving written notice of the change of address to the other party in the manner herein provided. Tenant shall notify Owner immediately, in writing, of address, telephone or email address changes.
17. JURISDICTION AND VENUE. Jurisdiction and venue of any action as to this Rental Agreement and the interpretation, enforcement or the determination of the rights and duties of the parties hereto shall be the County or District Court of Gunnison County, Colorado.
18. ENTIRE AGREEMENT. This written Rental Agreement contains the entire and only agreement between the parties, and no oral statements or representations not contained in this Rental Agreement and the agreements contemplated herein shall be of any force and effect between the parties.
19. TIME IS OF THE ESSENCE. It is expressly agreed that time shall be deemed to be of the essence of this Rental Agreement.
20. WAIVER. The failure of either party to exercise any right under this Rental Agreement upon any default by the other party shall not constitute a waiver of any rights hereunder and shall not prevent such party from exercising any of the rights herein granted upon any subsequent default.
21. AMENDMENT AND VALIDITY. No addendum, amendment, change or modification of this Rental Agreement shall be binding between the parties unless in writing and executed by the parties hereto. If any portion of this Rental Agreement, or amendment thereto, shall be held invalid or contrary to law, such portion shall be severable from this Rental Agreement and the remainder of this Rental Agreement shall remain in full force and effect and shall be valid and enforceable between the parties.
22. BINDING AGREEMENT. This Rental Agreement shall be binding upon the parties, their respective heirs, personal representatives, successors and assigns.