Vehicle Storage Addendum

VEHICLE STORAGE ADDENDUM

This addendum is attached to and made a part of a Lease in which Sun Cities RV Compound, Inc., an Arizona corporation ("Operator") is leasing certain space to an Occupant ("Lease"). Terms defined in the Lease have the same meanings when used here. The Leased Space shall be used solely for the storage of a motor vehicle or trailer as defined in A.R.S. §28-101, or a watercraft as defined in A.R.S. §5-301 (stored vehicles and watercraft are collectively referred to in this document as “Vehicle”). The Lease is subject to the additional terms and conditions contained in this Addendum.

 

VEHICLE INFORMATION

TERMS AND CONDITIONS

 

1. IDENTIFIED VEHICLES ONLY. No Vehicle may be parked in the Leased Space at any time that has not been fully iden­tified in writing by the Occupant to the Operator. Except as provided herein, only one Ve­hicle may be parked in the Leased Space at one time un­less Oc­cu­pant has the writ­ten consent of Operator. Unidentified Ve­hicles stor­ed with­out such consent may be towed from the Facility by Operator at Occupant's expense, or be overlocked or restrained.  Occupant agrees that the information provided by Occupant to Operator for each stored Vehicle is true, correct and current and Occupant assumes all responsibility to update and keep current such Vehicle Information provided to Operator.

 

2. TRAILERS.  Wheels of trailers of all kinds, including campers, 5th wheels, boat, travel or utility trailers, not connected to a tow Vehicle must be blocked.  Trailer tongues must be supported on an appropriate tongue support or wood block to prevent asphalt damage.  Pick-up shells may be stored off the ground on appropriate jacks or blocks.  All Watercraft must be trailered.

 

3. MISPARKING. The Vehicle may only be parked within the boun­dar­ies of the Leased Space.  If Occupant parks a Vehicle:

  •  In an incorrect space, or

  •  Which exceeds the boundaries of the Leased Space, or

  •  Which has not been identified to Operator in accordance with this Addendum,

Occupant will be charged the Misparking Fee for each day that the condition persists. Slideouts shall be kept retracted. Operator has no liability to Occupant for in­ter­ference with the Leas­ed Space by an­other occu­pant of the Facility, nor shall Occu­pant be entitled to any rent deduction or offset in such event and it shall not con­sti­tute an event of default under this lease. In such event Operator may, but is not ob­li­gated to, pro­vide Oc­­cu­pant with temporary park­ing until the Leased Space can be made available again, in which event Occu­pant shall return the tem­porarily park­ed Vehicle to the Leas­ed Space within 7 days of notice to do so. Failure to return a tem­porarily park­ed Ve­hicle to the Leased Space within such time shall subject Oc­cu­pant to the Mis­park­ing Fee daily until it is returned.

 

4. HAZARDOUS MATERIALS. Oper­a­tor may require the removal of any Vehicle which in Op­er­ator’s judgment drips fluids excessively. Occupant is liable for, and indemnifies Oper­a­tor against, all costs and fees resulting from fluids leak­ing from the Ve­hicle, including clean-up, consultants, attorneys, pen­al­ties and claims of all kinds, whether arising during or after the term of this Lease. In the event of a leak or spill of a hazardous substance, Oc­cu­pant, at Occupant’s sole expense, shall promptly take all steps nec­essary to restore the premises to the condition that ob­tained prior to the contamination. No fluids may be discharged from the Vehi­cle nor may col­lected fluids be disposed of onto the ground or into any drain, sewer, dump/pump station or trash receptacle on the premis­es. Occu­pant shall not permit the re­lease or disposal of any haz­ar­dous sub­stance as pre­scrib­ed in the Com­pre­hensive En­vi­ron­mental Re­sponse Compensation and Liabil­ity Act, 42 U.S.C. 9602, et seq. Vio­lations will be re­ported to the auth­orities. Collected fluids shall be removed from the site and pro­perly dis­pos­ed of by Occupant at Occu­pant’s expense.

 

5. LOOSE ITEMS. The area must be kept sanitary and clean. Loose items, including but not limited to tires, rims, mats and bicycles, stored under or around the Vehicle will be discarded. It is recommen­d­ed that open-cockpit boats be covered. All vehicle and boat covers must be in good, serviceable condition and be battened down to pre­vent parts or contents from being blown about. Tow dollies may be stored under an RV if the dolly is also identified herein as a Vehicle. No structures may be erected.

 

6. AMENITIES. Amenities such as potable water, dump/pump station, electricity, refuse dump, and/or wash rack, if offered at the Facil­ity, may be utilized only in compliance with the Facility’s published rules and fees for such use, which are deem­ed incorporated in and a part of this Lease and are subject to change by Operator from time to time. Use of any amenity is solely at Occupant’s risk. No warranty of any kind, in­clu­ding warranty of suitability for a particular purpose, is made as to any amenity. Operator does not guarantee the continuity of any provided amenity and shall have no liability for interruption of any service. Monthly fees for use of amenities, if any, are pay­able whether or not Occupant utilizes them in that month. Op­er­ator re­serves the right to ter­min­ate any amenity being provided. Occu­pant shall be liable for any dam­age to proper­ty or costs oc­ca­sioned by Oc­cu­pant’s use or misuse of any amenity.

 

7. USE RESTRICTIONS. The Leased Space shall be used for Vehicle parking only. No maintenance, refitting and/or repairs; re­fin­ish­ing; dwelling; sleep­ing; cook­ing or gather­ing of any kind is per­mit­ted on/in the Vehicle while it is on the Leased Space or in the Facility.

 

8. PROPERTY LOSS. Occupant assumes all risk of loss or dam­age to the Vehicle. Occupant agrees to maintain at Occupant’s ex­pense a pol­icy of insurance covering all perils, including bur­g­lary, theft, vandalism, malicious mischief and comprehensive phy­sical dam­age, provid­ing coverage for the full value of any Vehicle park­ed by Occupant on the Leas­ed Space and its con­­tents, and to pro­vide Operator with proof of such insur­ance up­on the signing of this Addendum, upon the expiration of any pre­viously submitted coverage and within 7 days of a re­quest from Oper­ator. Occupant ack­now­ledges paying no additional rent as con­si­deration for an increase in the max­imum value of stored pro­perty set forth in the Lease. Insurance on the Ve­hicle is a material condition of this Lease for the benefit of both the Occu­pant and the Oper­a­tor. Fail­ure to carry, or a lapse in, the re­quir­ed in­sur­ance is a breach of this Lease, in which case Oc­cu­pant shall be deemed to be self-in­sured, and Oper­ator may at its option terminate this Lease. Oc­cu­pant agrees that the in­­sur­­ance company pro­viding such insur­ance shall not be sub­ro­gat­ed to any claim of Occu­pant against Op­erator, Oper­ator’s agents or em­ploy­ees for loss or dam­age to the Vehicle. Occupant agrees not to store any valuable prop­erty or Pro­tected Pro­perty within the Ve­hicle nor to store any irreplaceable Vehicle or Ve­hi­cle of inde­ter­minate value. Occupant waives any claim for sen­timental value or emotional at­tach­­ment to the Vehicle and to its contents.

 

9. LIMITED WAIVER. The prohibition in the Lease against the stor­age of combustible and hazardous materials is waived in respect to: (a) fuel within the tanks and fluids within the working parts of the Vehicle; (b) LP gas in shut, legally compliant cylin­ders prop­er­ly in­stal­l­ed aboard the Vehicle if it is commercially equip­ped to utilize such fuel; and (c) batteries con­nec­ted to and powering Vehi­cles. Oc­cu­pant grants Op­er­ator the right to remove and dispose of any fuel, en­gine fluid or bat­tery found to be stored in vio­lation of this pro­vision, the cost of which disposal shall be charged to Occupant.

 

10. LOCKS. Occupant is responsible for keeping Vehicle locked and secured at all times. Operator is not responsible for tak­ing any mea­sures nor for notifying Occupant in the event the Vehicle is found un­secured.

 

11. CONDITION. The Vehicle must be and remain roadworthy. Oper­a­tor reserves the right to inspect the Vehicle and its contents any time the Vehicle is entering or leaving the premises, and to refuse storage to any Vehicle, in­clud­ing, but not limited to vehicles with de­flated tires, bro­k­en glass, dam­ag­ed or rusted exteriors, and commercial or industrial vehicles.

 

12. DEFAULT. In the event of a default under the Lease, in addi­tion to any other remedy available to Operator, Operator may deny Occu­pant access to the Vehicle; over­lock or restrain it; or if the Vehi­cle has been removed from the pre­mises, prevent its return.

 

13. RELOCATION. Operator has the right to remove or relocate any Ve­hicle in the event of an emergency or default hereunder. Operator may request that Oc­cu­pant move the Vehicle to another space to permit repairs or main­tenance to the Facility. Such request shall be made in writing and shall give Occupant not less than 7 days ad­vance notice. If Occ­u­pant fails to move the Vehi­cle by the time re­quested, Opera­tor may charge Occupant the Mispark­ing Fee for each day that it re­mains unmoved. In addition, Operator may have the Vehicle moved and re­placed at Occupant's expense.

                                                                                                                                    

14. OTHER. No bailment is created under this Lease; Operator has no care, custody or control over the Vehicle. Additional copies of this Addendum may be used to identify multiple Vehicles, but the Lease and all such Addenda shall con­stitute only one lease agreement.