SUN CITY PALM DESERT VEHICLE STORAGE APPLICATION AND LICENSE AGREEMENT (NON-RESIDENT USE)

Transcription

1 Date of Application: For Office Use Only: PARKING SPACE NUMBER(S) Member Number: SUN CITY PALM DESERT VEHICLE STORAGE APPLICATION AND LICENSE AGREEMENT (NON-RESIDENT USE) 1. Vehicle Owner s Name ( Licensee ): 2. Vehicle Owner s Information: Mailing Address: Local Telephone Number: Other Address (i.e., other residence or work): Other Telephone Number: 3. Term of License Agreement: The term of this License Agreement shall commence on and shall end on. 4. Fee: The License Fee for the term of this Agreement shall be the total amount of $, payable in advance. 5. Assigned Parking Space: Parking Space No(s). ( Parking Space(s) ) 6. Description of Vehicle(s): State / License Number Vehicle Identification Number Year and Make Model Length Name of Vehicle Insurance Carrier / Agent Telephone Number of Vehicle Insurance Agent Insurance Policy Number Legal Owner (i.e., bank, corporation, lienholder, or name appearing on title) Vehicle #1 Vehicle #2 7. ALL APPLICANTS SHALL BE REQUIRED TO: G ATTACH COPY OF VEHICLE REGISTRATION G ATTACH COPY OF CERTIFICATES OF INSURANCE (see Paragraph 12 below) G ENCLOSE LICENSE FEE OF $ (See Paragraph 2 of the License Agreement) G INITIAL THE APPROPRIATE LINE IN PARAGRAPH 16, PAGE 5 G SIGN / DATE THE LICENSE AGREEMENT ON PAGE 6 S:\97-113\Agreements\Miscellaneous\ NR.PKAgmt.fin.wpd

2 TERMS AND CONDITIONS OF SUN CITY PALM DESERT VEHICLE STORAGE AND LICENSE AGREEMENT (NON-RESIDENT USE) By execution of this Agreement on page 6, Licensee and Sun City Palm Desert Community Association, a California non-profit mutual benefit corporation ( Association ), hereby agree to the following terms and conditions: 1. GRANT OF LICENSE. This Agreement is between the Licensee and Association. Subject to the terms and conditions set forth below, the Association is granting Licensee a limited, nonexclusive license to park his/her/its recreational or other vehicle described on page 1 of this Agreement within the Parking Space(s). Licensee understands that the right to use the assigned Parking Space(s) as described in Paragraph 4 herein does not constitute a bailment or lease. The license shall also include the rights of ingress and egress to and from the Parking Space(s) upon private driveway areas within the storage facility identified in Exhibit A attached hereto and made a part hereof by this reference ( Storage Facility ). 2. TERM; FEE. The term of this License Agreement shall be as indicated on page 1 of this Agreement. Licensee agrees to pay the license fee as designated on Page 1 of this Agreement in advance to the Association. Licensee understands and agrees that the license fee is deemed earned in consideration for the granting of this license and that the license fee is non-refundable, even if the Association terminates this Agreement as more specifically described in Paragraph 12 herein. Notwithstanding the above, the Association may terminate this Agreement for any reason whatsoever on thirty (30) days written notice; if the Association exercises this right, the Association will pro-rate the license fee and refund the applicable portion thereof. The Association may, at any time, increase or decrease the license fee under this Agreement, upon thirty (30) days' written notice. 3. DOCUMENTARY EVIDENCE. With the submission of this Application/Agreement, Licensee agrees to provide a copy of: (a) registration of the Vehicle(s) and/or other form of ownership documentation; and (b) evidence of insurance coverage for the Vehicle(s). Licensee further agrees to provide written notice of any change to the information he/she/it has submitted on this Application within five (5) days of the occurrence of such change, including any change of insurance carrier, insurance agent, or insurance policy number. Any application shall be deemed incomplete and shall be disapproved if the Licensee fails to deliver the required fee and evidence of registration or insurance referenced herein. Association further reserves the right to demand evidence of any of the above information at any time upon five (5) days' written notice. 4. GUESTS. Licensee shall be liable for any breach of this Agreement and the terms / conditions contained herein by any of his/her/its family, guests, vendors, employees and invitees (hereinafter Guests"), including but not limited to any damage to the Storage Facility caused by said Guests. 5. PARKING SPACE(S). The assigned Parking Space(s) (identified on page 1 of this Agreement) is/are located within the Storage Facility, an area owned and operated by the Association as a facility for the parking and storage of recreational and other vehicles. Association grants the available spaces within the Storage Facility on a first-come first-served basis. 6. AMENITIES AND SERVICES. The Storage Facility shall contain the following amenities and services: a 6'5" th minimum height block wall with three strand barbwire along 38 Avenue and Adams Street; 7' minimum high chain link fence with three strand barbwire surrounding the remaining perimeter of the Storage Facility; perimeter and th interior lighting; AC paved access to 38 Avenue; emergency access to Adams street; concrete entrance driveway; a compacted aggregate base parking surface; sewage disposal station with water hose bib; and perimeter landscaping th along Adams Street and 38 Avenue. 7. USE RESTRICTIONS, RULES COMPLIANCE. Licensee covenants and agrees to comply with all laws, ordinances, rules, regulations and orders of any governmental authority pertaining to the Parking Space(s) or Storage Facility. Licensee shall also use the Parking Space(s) and Storage Facility in strict compliance with the Association's governing documents. The Association has the right to modify or amend the Association's governing documents from time to time, and Licensee agrees to comply with same from and after receipt of a copy thereof. If there is any conflict between the provisions of this Agreement and the Association's governing document(s), the governing document(s) shall control and prevail over this Agreement. Licensee further covenants and agrees that he/she/it will S:\97-113\Agreements\Miscellaneous\ NR.PKAgmt.fin.wpd 2

3 perform and abide by each of the following conditions of use: a. Licensee shall not cause or allow the Storage Facility to be used for any purpose other than for parking the Vehicle(s). b. While in the Storage Facility, no person shall sleep or live in the Vehicle(s) for any period of time or use the Vehicle(s) at any time for accommodating or entertaining any number of people. c. No waste matter from sinks, toilets, holding tanks, or any other receptacles shall be discharged on the Storage Facility or on any other property subject to the Association's control (the "Association Property"). d. No sign shall be placed or displayed on the Vehicle(s) or the Storage Facility. e. No part of the Vehicle(s) shall at any time extend outside of Licensee's assigned Parking Space(s). f. Licensee shall not store any personal property on the Parking Space(s) other than within the Vehicle(s). Licensee shall keep the Parking Space(s) in a neat, clean and orderly condition. g. Licensee shall not commit or permit any waste upon the Storage Facility or any nuisance, act or thing which may disturb the quiet enjoyment of any person in or about the Storage Facility(ies) or the Association Property. h. Licensee acknowledges and agrees that Vehicles larger than 46' in length cannot be stored in the Storage Facility, and Licensee represents that Licensee s Vehicle(s) does not exceed such length. 8. "AS IS" CONDITION. Licensee acknowledges that he/she/it has inspected the Storage Facility and Parking Space(s), knows their conditions, hereby accepts the use of the Storage Facility in its existing condition AS IS", and agrees that no statement, representation or warranty as to its condition has been made by the Association. 9. RESERVATION OF RIGHTS. a. Entry. The Association reserves the right to regulate or prohibit entry into the Storage Facility by any person for any reason. b. Change of Parking Space(s). The Association reserves the right to move or to require Licensee to move the Vehicle(s) from the Parking Space(s) to another parking space within the Storage Facility or outside of the Storage Facility at any time, for any period of time and for any reason whatsoever, including, but not limited to, the repair or maintenance of the Storage Facility. c. Assignment and Subletting. This Agreement grants to Licensee a limited, nonexclusive personal right, without any possessory interest, to use the Storage Facility to park his/her/its Vehicle(s) in the Parking Space(s). Accordingly, Licensee shall have no right or power to transfer or assign this Agreement or to assign or sublet the Parking Space(s) or any part thereof to any other person or entity whatsoever or for use by any other Vehicle(s) whatsoever. 10. LIMITATION OF LIABILITY. Licensee understands and agrees that the Association shall not be responsible for the security or safety of the Storage Facility or Licensee's Vehicle(s) parked within the Storage Facility. The Association shall not be liable for any interruption or interference with Licensee's use of the Storage Facility caused by strike, riot, orders or acts of public authorities, acts of other Vehicle owners, accident, the making of necessary repairs to the Storage Facility, or any cause beyond the Association's reasonable control. THE ASSOCIATION DOES NOT ASSUME CUSTODY OR POSSESSION OR ANY RESPONSIBILITY FOR THE CARE OR PROTECTION OF THE VEHICLE, AS WELL AS ANY PERSONAL PROPERTY LOCATED OR CONTAINED WITHIN THE VEHICLE, AND LICENSEE AGREES TO ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE STORAGE FACILITY. IF THE VEHICLE OR ANY PERSONAL PROPERTY CONTAINED THEREIN IS LOST OR DAMAGED FROM ANY CAUSE WHATSOEVER DURING THE TERM OF THIS AGREEMENT, INCLUDING THE NEGLIGENCE OF THE ASSOCIATION, ASSOCIATION SHALL NOT BE RESPONSIBLE FOR THE LOSS OR DAMAGE TO THE VEHICLE AND/OR ANY PERSONAL PROPERTY LOCATED OR CONTAINED THEREIN. 11. INDEMNIFICATION. Licensee shall indemnify and hold Association harmless from and against any and all claims related to the Storage Facility and/or Licensee's Vehicle(s) parked within the Storage Facility arising from any alleged negligence on the part of Association or any of Association's agents, contractors or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, excepting only such injury or harm as may be caused solely and exclusively by Association's gross negligence. In the case of any action or proceeding brought against Association by reason of any such claim, Licensee, upon notice from Association, shall defend the same at Licensee's expense by counsel satisfactory to Association. 12. INSURANCE. Licensee shall furnish certificates of insurance for each of the insurance policies enumerated S:\97-113\Agreements\Miscellaneous\ NR.PKAgmt.fin.wpd 3

4 below to Association before commencement of this Agreement. All policies for liability protection, bodily injury or property damage shall specifically include Association as an additional insured with respect to operations under this Agreement, with an additional stipulation that written notification of any change and/or cancellation of Licensee's policy(ies) shall be given to Association within forty-eight (48) hours of such change. Licensee shall maintain all insurance required under this Agreement with companies qualified to do business in California and which hold a "General Policy Rating" (as set forth in the most current issue of "Best Key Rating Guide") acceptable to the Association. Said policies of insurance shall include the following limits: a. Bodily injury insurance with limits of not less than $300, for each person and $300, for each accident. b. Property damage liability insurance with a limit of not less than $100, for each accident. c. Comprehensive and collision insurance (including loss of use) in an amount equal to the value of the Vehicle and any personal property contained therein. A certificate of insurance for public liability together with a properly executed endorsement requiring thirty (30) days' written notice of cancellation shall be furnished as stipulated in the preceding paragraph. The certificate shall be delivered to the Association, Attention: Finance Director. 13. TERMINATION AND REMEDIES. a. The occurrence of any of the following events may, at the Association's option, result in the immediate termination of this Agreement: i. Licensee's sale, lease, charter or transfer of any or all of its interest in the Vehicle(s), whether or not such transfer is voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy or otherwise. ii. Licensee's failure to perform any of the terms, conditions or promises set forth in this Agreement. iii. Discovery of the falsity of any of Licensee's representations and warranties under this Agreement. iv. Continuous vacancy of the Parking Space(s) for more than six (6) months, unless the Association is notified in writing before the commencement of such period of absence, of Licensee's intention to maintain this Agreement in effect. v. Damage to or destruction of the Storage Facility or the Parking Space(s) by fire, flood, storm, earthquake or any other cause or causes. vi. A partial or total taking of the Parking Space(s) and/or Storage Facility by a public entity under the power of eminent domain or the transfer of the Parking Space(s) and/or the Storage Facility under the threat of such a taking. b. Upon any termination of this Agreement, Licensee shall promptly remove the Vehicle(s) and all personal property from the Storage Facility and shall surrender the Parking Space(s) to the Association. If Licensee fails to remove the Vehicle(s), the Association may have the Vehicle(s) towed or otherwise removed from the Storage Facility and impounded, and Licensee shall be responsible for all costs resulting from such removal and impounding. All rights, remedies and causes of action accruing to the Association under this Agreement or otherwise shall survive termination. c. If Licensee fails to pay fees, costs of repair or restoration or other charges to be borne by Licensee, or in the event of any other default by Licensee hereunder, the Association may at its option regard this Agreement as continuing in force and recover damages caused by the Licensee's default. This remedy is not exclusive and the Association may pursue this, or any one or more, of any other remedies provided by law. d. The Association's exercise of or failure to exercise any remedy provided herein for any default shall not be deemed a waiver of the Association's right to exercise that or any other remedy. Association's failure to exercise any of its rights under this Agreement or the Association's acceptance of money after any default shall not be considered or construed to waive any of the Association's rights or to affect any notice or legal proceedings given or commenced. 14. NOTICES. All notices, consents, approvals, request demands and other communications provided for herein shall be in writing and shall be either personally delivered or sent by certified mail with postage prepaid, to the addresses listed hereunder. The service of any notice shall be deemed complete at the time of personal delivery or within three (3) days after the deposit thereof, addressed and certified, in the United States mail. Either party may change the address for delivery of notices by delivery of a notice to the other as provided herein. All fees and other sums payable by Licensee to the Association hereunder shall be paid to the Association at the address specified in S:\97-113\Agreements\Miscellaneous\ NR.PKAgmt.fin.wpd 4

5 this Section. For Association: Board of Directors Sun City Palm Desert Community Association Del Webb Boulevard Palm Desert, CA For Licensee: Mailing Address on Page 1 of this Agreement. 15. CALIFORNIA SELF-STORAGE FACILITY ACT. As authorized by the California Self-Storage facility Act (California Business and Professions Code Sections , herein Act ), if any part of the license fee or other charges due from Licensee under this Agreement remain unpaid for fourteen (14) consecutive days, Association shall have the right, upon fourteen (14) days notice, to terminate Licensee s right to use of the Parking Space unless all sums due are paid within said fourteen (14) day period. In the event that all sums due are not so paid, Licensee s Vehicle shall immediately be subject to a claim of lien by and on behalf of Association and may thereafter be sold to satisfy the lien if all sums due under this Agreement are not paid within fourteen (14) days after Licensee s receipt of notification of the lien. If any part of the license fee or other charges due from Licensee under this Agreement remain unpaid for fourteen (14) consecutive days, Association may, at Association s option, terminate this Agreement and the right of Licensee to use and occupy the Parking Space by sending a preliminary lien notice in the form provided by law under the Act, to Licensee s last known address and to the alternative address specified herein, if any, specifying a date on which Licensee s right to use the Parking Space will terminate unless all sums due are paid by Licensee before the specified date. If Licensee thereafter fails to pay the full amount due by the date specified in the preliminary lien notice, Association shall have the right to deny Licensee further access to the Parking Space, enter the Parking Space, remove the Vehicle to a place for safekeeping and enforce Association s lien against the Vehicle by sale of the Vehicle in the manner provided by the Act, this Agreement, and/or relevant provisions of the California Civil Code, including, but not limited to, Section NOTICE TO LICENSEE. PURSUANT TO THE ACT, YOU ARE REQUESTED TO GIVE THE NAME AND ADDRESS OF ANOTHER PERSON TO WHOM THE PRELIMINARY LIEN NOTICE AND THE SUBSEQUENT NOTICES REQUIRED TO BE SENT UNDER THE ACT MAY BE SENT. IF YOU GIVE THE NAME AND ADDRESS OF ANOTHER PERSON AS REQUESTED, NOTICES WILL BE SENT TO YOU AT YOUR LAST KNOWN ADDRESS AND TO THE PERSON DESIGNATED BY YOU AT THE ADDRESS DESIGNATED BY YOU. IF YOU DO NOT GIVE THE NAME AND ADDRESS OF ANOTHER PERSON, NOTICES WILL BE SENT ONLY TO YOU AT YOUR LAST KNOWN ADDRESS. YOUR FAILURE TO PROVIDE AN ALTERNATIVE ADDRESS WILL NOT AFFECT THE ASSOCIATION S REMEDIES UNDER THE AGREEMENT OR UNDER ANY PROVISION OF LAW, AND IN ACCORDANCE WITH THE ACT. INITIAL ONE OF THE FOLLOWING: I do not wish to give an alternative address. The alternative address I wish to give is Name of Person to whom notices may be sent: 17. RULES AND REGULATIONS. Licensee has received a copy of the Rules and Regulations governing the Storage Facility as set forth in Exhibit B attached hereto and made a part hereof by this reference and agrees to comply with same. 18. GENERAL PROVISIONS. a. Further Assurances. Each party shall execute, acknowledge and deliver such other documents and instruments as are reasonably necessary to carry out the intents and purposes of this Agreement. b. Counterparts. This Agreement may be executed in counterparts and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts taken together shall constitute one and the same Agreement, which shall be binding in effectiveness to all parties. c. Binding on Successors. This Agreement is binding and shall inure to the benefit of the parties hereto and to their respective successors and representatives. d. Attorneys' Fees. In the event that any action, arbitration, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, the S:\97-113\Agreements\Miscellaneous\ NR.PKAgmt.fin.wpd 5

6 prevailing party shall recover all of such party's attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. As used in this Agreement, attorneys' fees shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual fees charged by the attorneys performing such services and shall not be limited to "reasonable attorneys' fees" as defined in any statute or rule of court. e. Governing Law. This Agreement shall in all respects be interpreted, enforced and governed by the laws of the State of California. In the event that this Agreement must be enforced by a court of law, the parties hereby agree that the said action shall be tried by the Riverside County Superior Court of the State of California. f. Power to Execute. The parties represent and warrant that they have carefully read this Agreement and had the contents and legal effect hereof fully explained by legal counsel of their choosing; that the parties have the sole and exclusive power and authority to execute this Agreement and do so of their own free act. g. Arbitration. Any claim, controversy or dispute of whatever nature arising out of or concerning this Agreement shall be resolved by final and binding arbitration according to the Judicial Arbitration and Mediation Services (JAMS) Rules of Practice and Procedure then in effect, except that the parties shall be entitled to only such discovery as is permitted by Code of Civil Procedure and any amendment thereto or successor statutes. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. Should any party refuse or neglect to appear or participate in arbitration proceedings, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented. The arbitrator is authorized to award any party or parties such sums as he/she shall deem proper for the time, expense, including but not limited to, costs and legal fees, and trouble of arbitration. The arbitration shall be binding on the parties. h. Entire Agreement. This Agreement contains the entire agreement and understanding concerning the subject matter hereof between the parties, and supersedes and replaces all prior negotiations, proposed agreement and agreements, whether written or oral, express or implied, of any type whatsoever. Each of the parties hereto acknowledges that neither any other party hereto nor any agent or attorney or any other party whomsoever has made any promise, representation or warranty whatever, express or implied, not contained herein concerning the subject matter hereof to induce it to execute this Agreement, and acknowledges and warrants that this Agreement is not being executed by such party in reliance on any promise, representation or warranty not contained herein. "ASSOCIATION" SUN CITY PALM DESERT COMMUNITY ASSOCIATION Dated: By: Finance Director Printed Name: "LICENSEE" Dated: By: Dated: By: S:\97-113\Agreements\Miscellaneous\ NR.PKAgmt.fin.wpd 6

7 EXHIBIT B TO SUN CITY PALM DESERT VEHICLE STORAGE AND LICENSE AGREEMENT RULES AND REGULATIONS FOR VEHICLE STORAGE LOT 1. The lot will be operational 24 hours a day. 2. Trash disposal is not allowed on-site. It is your responsibility to keep your space clean and clear of all debris. The tongue of your trailer, or stilts of your camper must be placed upon a block of wood to protect the parking surface from damage. If damage is done to the parking surface as a result of your failure to comply with this rule, then you will be responsible to pay for the costs to complete the repair. Failure to comply may also result in the termination of your License Agreement. 3. The use of this lot is restricted to storage only. Maintenance, washing or similar activities are strictly prohibited. 4. At all times during the term of the License Agreement, users of the Storage Facility are required to maintain liability insurance coverage with minimum limits of $100,000 property damage / $300,000 bodily injury. A current copy of insurance and vehicle registration is required to be on file in our office. 5. The dumping of any hazardous materials on site (oil, fuel, etc.), is strictly prohibited. Any violation of this rule will be subject to termination of the License Agreement, the cost of remediation, as well as any criminal charges that would be applicable. 6. Unauthorized use by Licensee will result in termination of the License Agreement. 7. In the event that you or your Vehicle cause damage upon other property within the Storage Facility, the incident should be immediately reported to the Security Office at the Sun City Palm Desert Community Association main gate, and the Sun City Palm Desert Community Association Office at Licensee shall be required to sign a new License Agreement at the end of the term of each License Agreement, and pay the requisite license fee (in advance) upon execution of the new License Agreement. 9. A transponder must be purchased for non-homeowners for a fee of $50.00 ($25.00 of which is refundable when turned in). This is for 24 hour access of the Storage Facility gate only. S:\97-113\Agreements\Miscellaneous\ NR.PKAgmt.fin.wpd 7