This Rental Agreement (the “Agreement”), is entered into on the date indicated below on this form, is by and between Lessee (below defined) and Strawberry Bay Recreation, Inc, (hereinafter referred to as “SBM”).
1. Lien Rights of SBM: SBM shall have a lien upon the item stored in the storage facility for the value of any Rent or other charged incurred as a result of this Agreement, and for expenses necessary for the preservation, sale or disposition of the Item to satisfy the lien. When any part of the Rent or any other charges due hereunder remain unpaid for thirty (30) consecutive days, SBM may terminate this Agreement by sending a “Notice of Termination and Lien” required by Utah Code Section 38-8-2 to Lessee’s last know address, which address, unless SBM is otherwise notified in writing by Lessee shall be the same as hereinabove provided. If lessee fails to pay all of such Rent or other charges due hereunder within the time stated in the Notice of Termination and Lien, SBM may sell Lessee’s property as set forth in Utah Code Section 38-8-2 in order to satisfy the amount of the lien.
2. Release and Indemnification of SBM: Storage is at the sole risk of Lessee. SBM is not responsible for damage, loss or theft of any kind, unless such loss or damage results from the direct, active, and gross negligence of SBM, its officers, agents, or employees. Lessee expressly agrees to release, hold harmless and indemnify claims, demands, actions or damages to any and all persons, property, cost or judgement against SBM which may result from or arise out of or is in any way connected with the Rental Agreement between Lessee and SBM.
3. Storage: This Agreement is for the storage of the Item, (as described below in this contract.) All items will be stored at the location, as described below in this contract (Indoor Storage, Outdoor Storage, or Seasonal Slip). SBM reserves the right to store the Item anywhere in the designated area. Lessee shall have no right or claim to any particular area or location within designated area. Indoor Storage does not require the Item to be winterized; however, it is suggested the Item to be winterized in case of power failure or other unforeseen event. SBM will not be held responsible for any power outages or any other unforeseen event beyond the responsible control of SBM.
4. Lessee’s Insurance Coverage: Lessee is required to maintain insurance coverage while in SBM care. SBM is required to have proof of insurance on file.
5. Access by SBM: Upon the request of SBM, Lessee shall provide access to SBM to enter the Item for the purpose of inspection to insure compliance with the provisions of this Agreement. In the case of emergency, SBM shall be permitted to enter the Item without the consent of Lessee. For the purposes of this Section, the item “emergency” shall mean any sudden, unexpected occurrence or circumstance which in the reasonably exercised judgement of SBM, require immediate action.
6. Holdover by Lessee: In the event Lessee fails to remove the Item from designated area as described on this contract, upon the expiration of this Agreement, the current Rental rates then in effect, in addition to all other provision under this Agreement, shall apply.
7. Seasonal Slip: Lessee is permitted to use assigned wet slip at SBM during permitted time; Memorial Day weekend of the current year, to October 20th of the current year. If Lessee would like to renew their same assigned slip for following year, it is Lessee's responsibility to notify SBM before November 1st of the current year. If Lessee fails to notify SBM by November 1st of the current year, Lessee loses first priority to assigned slip and will need to be added to the waiting list in order to regain another slip for the following year. If payment for following year's slip has not been paid in full by January 31st of the following year, Lessee loses their assigned slip, and SBM reserves the right to sell the slip to the next person on waiting list. SBM reserves the right to refuse business to anyone.
8. Acceptance of this Agreement and Terms and Conditions: Storage and Payment for storage in any form, constitutes acceptance of the Terms and Conditions as set forth by this document and accompanying documents, whether the document is signed by the owner of said property of not.
9. Termination: This Agreement may be terminated by either party. If Lessee has a seasonal contract, Lessee will be obligated to pay for the entire season, regardless of leaving before lease end date.
Today's Date: February 8, 2023