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AVIARA
R.V. STORAGE AGREEMENT
This Contract Limits Lessor’s Liability
Please Read It Carefully
1.
PARTIES:
This agreement is made and executed this ______day of _________ 20___, by
and between AVIARA MASTER ASSOCIATION (hereinafter called “Lessor”)
(Name) __________________________________________________________
(Street address)____________________________________________________
(City) ____________________ (State) ______ (Telephone No.) _____________
(hereinafter called “Lessee”).
2.
VEHICLE TO BE STORED:
Lessor hereby agrees to store for Lessee that certain vehicle described as follows:
(Type of Vehicle) _____________________ (Length of Vehicle) _______________
(Vehicle I.D. No.) ____________________ (License No.) ___________________
(Legal Owner) _____________________________________________________
(Street Address) ____________________________________________________
(City)____________________________ (State) __________________________
(Registered Owner) _________________________________________________
(Street Address) ____________________________________________________
(City) ___________________________ (State )___________________________
(Insurance Co.) ____________________ (Policy #) ________________________
3
AUTHORIZATION OF SPACE:
By this agreement, the AVIARA Master Association authorizes Lessee to use Space
# _______ in the AVIARA R.V. Storage Lot. One (1) Key/Card # _____________
4.
TERM:
The term of this Agreement shall commence on ________________________ and
continue on a month-to-month basis until terminated pursuant to Paragraph 7.
5.
RENT:
Lessee agrees to pay Lessor, without deduction, the sum of $75.00 per space/per
month, payable monthly in advance on the 1st day of each month of the term hereof.
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Lessee’s Initials
6.
CONSIDERATION FOR EXECUTION OF LEASE:
The consideration of the Lease Agreement shall be the acceptance of the vehicle
described in Paragraph 2 for storage, Lessor hereby acknowledges receipt of a refundable
key/card deposit of $75.00 and receipt of $______________ from Lessee which covers
the first month’s rent for the period commencing on ________________________ and
ending on __________________ and the last month’s rent which shall be applied to the
last month of this Agreement upon receipt by Lessor from Lessee of thirty (30) days
written notice of Lessee’s intention to terminate.
7.
TERMINATION:
This agreement will continue in force until Lessor and/or its agent A. McKibbin & Co.
gives the Recreation Vehicle Owner thirty (30) days written notice of termination, which
Lessor may do without cause at any time, or until the R.V. Owner gives Lessor thirty (30)
days written notice of termination and removes his vehicle. The R.V. Owner’s
obligations and promises under this agreement shall not terminate until the R.V. Owner
has removed his vehicle from the Aviara R.V. Lot storage area. The rent shall be paid
through the termination date or if there be previously paid but unused rent same shall be
refunded when the premises are vacated.
8.
LESSEE’S AFFIRMATIVE COVENANTS:
Lessee agrees to (1) lock the R.V. and place all levelers inside; (2) drain all lines in the
R.V. during the wintertime in order to prevent any damage that may be caused to same
due to the low winter temperatures; (3) obtain insurance to cover the vehicle and contents
thereof and show proof of insurance prior to bringing the vehicle onto the R.V. Lot as
Lessee has been informed that Lessor does not carry such insurance; (4) no
maintenance/repairs to R.V. on lot; (5) No draining of sewage waste; and (6) No
washing.
9.
WAIVER OF LIABILITY:
Lessee, as a material part of the consideration under this Lease Agreement hereby waives
all claims against Lessor for any damage or loss from any cause arising at any time,
including but not limited to fire, theft, Acts of God, vandalism, any deductible amounts,
any insurance related costs, or any physical damage while the vehicle remains in the
mobile home park, other than the negligence of Lessor’s employees. Lessee does hereby
agree to indemnify, defend, and hold Lessor harmless from and on account of any
damage or injury to any person or equipment on the vehicle arising from any cause or
from the negligence of Lessee, his family or guests. Further, the R.V. Owner agrees to
indemnify and defend Lessor and its representatives, to the extent that insurance coverage
is not available for such indemnification and defense, against all claims that arise from
the R.V. Owner’s or the R.V. Owner’s family, guests’ or agents’ use of the R.V. Lot for
any purpose.
10.
ATTORNEYS FEES:
Lessee expressly agrees to indemnify Lessor from, hold Lessor harmless of, and to pay
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Lessee’s Initials
Aviara R.V. Storage Agreement cont.’d
Page 3
any and all loss, costs, damages, attorneys’ fees or liability in connection with the
enforcement of the foregoing Lease by Lessor, including among other things, expenses
incurred in collecting or attempting to collect delinquent rent, and in the event suit is
instituted by Lessor to recover delinquent rent, Lessee agrees to pay all costs and
reasonable attorneys fees of Lessor incurred in connection herewith.
11.
CAPTIONS:
The captions in this Agreement are for identification purposes only and shall not modify,
amend or interpret the Agreement in any manner.
12.
VEHICLE DEFINITION:
The term “vehicle” in this agreement shall apply to any recreational vehicle, trailer or any
other personal property, whether or not such property would normally be considered a
vehicle, that is stored in the R.V. Lot.
13.
RESPONSIBILITY:
The R.V. Owner agrees for himself and all others having any rights to the vehicle that
Lessor and all of its representatives assume no responsibility of any kind for the vehicle,
including, but not limited to insurance costs, any deductibles required in the event of
damage or a loss or any other expenses associated with storage of the vehicle at the R.V.
Lot. The R.V. Owner shall have sole responsibility to obtain and maintain property
insurance coverage guarding against the theft, vandalism, damage or destruction in any
way of the vehicle and its contents stored on the R.V. Lot, and insurance coverage
guarding against any liability of the R.V. Owner of Lessor arising from the storage of the
vehicle and its contents on the R.V. Lot. Rules and Regulations posted at the R.V. Lot or
distributed by Management to the owners at any time shall be a part of this agreement
and all R.V. Lot users shall comply with them.
14.
INSPECTION OF PREMISES:
The R.V. Owner hereby acknowledges that he has inspected the premises and agrees that
Lessor does not warrant the condition, safety or security of the R.V. Lot in any way.
Lessee understands and acknowledges that Lessor does not provide security services at
the R.V. Lot. Other R.V. owners have access to the Lot and the R.V. Lot is not
considered, in any way, shape or form a “secure” lot or area. The R.V. owner
acknowledges this lack of security and assumes any and all risk of loss by parking an
R.V. within the R.V. Lot. This includes, but is not limited to, damage, theft, loss,
insurance costs or deductibles, or any other damages associated with storage in the R.V.
Lot.
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Lessee’s Initials
Aviara R.V. Storage Agreement cont.’d
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15.
STORAGE:
The R.V. Owner agrees that he will not store on the premises:
16.
A.
Flammable materials, which would result in the violation of any law, or
B.
Personal property which would result in the violation of any law, or
C.
Improperly packaged foods, perishable goods, live animals or any other items
which
may exit noxious odors or otherwise create a nuisance.
ASSIGNMENT:
The R.V. Owner agrees that he shall not assign his right to use any portion of the R.V.
Lot without the prior written consent of Lessor.
17.
EXECUTION AND ACKNOWLEDGEMENT:
Lessee acknowledges having read the Lease Agreement and agrees to be bound by all the
terms and conditions herein contained.
By _______________________________
Lessor
_________________________________
Lessee
Aviara Master Association
1921 Palomar Oaks Way
Suite 104
Carlsbad, CA 92008
(760) 431-7874
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Lessee’s Initials