HomeMy WebLinkAboutC-6411 - Secured Storage Rental Agreement■
2000503
SECURED STORAGE RENTAL AGREEMENT
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This Secured Storage rental agreement (the "Agreement") is entered into
on M& , 199'7 , between Secured Storage hereinafter called "LESSOR"
and the undersigned hereinafter called "CUSTOMER." The parties agree as follows.
1. General Agt•eeutent: CUSTOMER hereby requests and LESSOR
agrees to store and maintain CUSTOMER'S original or source microfilm, microfiche,
magnetic tape, audio cassettes, diskettes, compact disks or other records agreed to by
LESSOR, hereinafter referred to as "Records" in its vault located at 705 North Lake
Boulevard, Tahoe City, California. As provided in section 6, CUSTOMER agrees to
maintain duplicate records.
2. TERM: The term of this agreement shall be for a period of three
years from the date of this agreement unless terminated earlier in accordance with section
9 hereof. The term of this agreement shall automatically renew for additional three years
terms, subject to rate changes on the anniversary date, unless either party gives notice of
termination in accordance with section 9.
3. RAPE SCHEDULE: CUSTOMER shall pay LESSOR in
accordance with the Rate and Fee Schedule, attached hereto as Exhibit A. Fees may be
changed by LESSOR at any time upon prior written notice to CUSTOMER.
4. S'T'ORAGE SPECIFICATION: LESSOR agrees to:
It. store and maintain the Records in its vault located at 705
North Lake Boulevard, Tahoe City, California;
b. exercise diligent effort to maintain the temperature and
humidity within the vault in accordance with existing American National Standards per
NAPM IT9.11-1993 for this type of storage;
C. exercise diligent effort to maintain closely controlled access
and security;
d. exercise diligent effort to provide and maintain fire
detection, alarm and extinguishing apparatus and equipment.
5. RECEIPTAND WITHDRAWAL: LESSOR shall issue a
non -transferable receipt for the Records delivered to it to be placed in storage for the
CUSTOMER and shall permit access to or withdrawal of the Records by CUSTOMER or
its authorized agent in accordance with the terms of the standard Access Authorization
Card, attached hereto as Exhibit B. LESSOR is authorized to rely in good faith on oral
and facsimile instructions in accordance with section 12.
6. LIMITATIONS OF LIABILITY:
a. notwithstanding any other provisions herein, the
CUSTOMER agrees that the records may be moved, stored, or otherwise handled at the
CUSTOMER'S risk and that, except in the case of gross negligence on the part of
LESSOR'S employees or officers in the performance of their duties, LESSOR shall not be
liable for any loss or damage to any records stored under this Agreement. In the event of
gross negligence on the part of LESSOR'S employees or officers in the performance of
their duties, LESSOR'S liability for loss or damage to the Records stored under this
agreement shall be limited to the actual cost of duplicating such Records from
CUSTOMER'S duplicate Records, irrespective of the actual value of the Records or the
data contained therein.
b. CUSTOMER acknowledges and agrees that LESSOR does
not constitute a bailee as to any of CUSTOMER'S Records or other property hereunder.
C. Lessor shall not be liable for any damage to the Records
that is caused by accident, strike, fire, flood, war, riot, civil disturbance, equipment
breakdown, electrical or mechanical breakdown, acts of nature or any cause which is
attributable to a third party, reasonably unavoidable or beyond LESSOR'S reasonable
control.
7. CUSTOMER'S WARRANTIES: The CUSTOMER represents
and warrants that it will be the owner or legal custodian of the Records at such time as it
delivers such Records to LESSOR to be stored in :LESSOR'S vault and that it will have
the authority to store the Records in accordance with the terms and conditions of this
Agreement. Unless otherwise specifically provided in this Agreement, the CUSTOMER
agrees to indemnify, defend, protect and hold harmless LESSOR from and against any and
all claims, demands, losses, liabilities, costs (including attorney's fees and court costs) and
damages arising from having the CUSTOMER'S Records or any portion thereof stored
and to all costs incurred in connection therewith.
8. RESTRICTIONS ON S'T'ORAGE: CUSTOMER shall not use
space rented under this Agreement for the storage of any liquid, any explosive, any
property of a dangerous or offensive nature, any property the possession of which is
prohibited by local, state or federal laws and statutes, or of any property which may
become a nuisance to LESSOR or any of its customers. CUSTOMER shall indemnify,
defend, protect and hold harmless LESSOR, its officers, and employees and its customers
from and against any and all claims, demands, losses, liabilities, costs (including attorney's
fees and court costs) and damage in any way caused by a violation of the terms of this
Paragraph. LESSOR shall have the right in the event of an emergency, as confirmed by
local law enforcement officials, to examine the contents of space at any time without
demand or notice to CUSTOMER and remove therefrom any records or other property
stored therein in violation of this Paragraph. LESSOR reserves the right to refuse to
accept and/or to open and inspect any package or container (whether sealed or unsealed)
offered for storage or stored in said space for the purpose of determining the contents
thereof.
9. TERMINATION: This Agreement may not be terminated by
CUSTOMER prior to expiration date. CLIENT _must notify LESSOR of intention to
terminate at least (60) days prior to expiration date. The LESSOR may terminate this
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Agreement immediately if it believes in good faith that continued storage of
CUSTOMER'S property creates an unreasonable risk of harm.
10. PAYMENT:
a. payment for storage space and all additional services under
this Agreement shall be due upon receipt of invoice by LESSOR subject to late charges.
b. in the event that CUSTOMER does not pay the rental rates
or other charges when due as specified in Paragraph 10a above, LESSOR reserves the
right to refuse the CUSTOMER access to said space or its contents at any time while any
rental or additional charges due and payable hereunder are unpaid. If condition of default
by CUSTOMER prevails for ninety (90) days, LESSOR in its discretion reserves the right
to immediately terminate this agreement and destroy or return the Records to the
CUSTOMER. LESSOR reserves the right to hold the CUSTOMER accountable for any
unpaid charges incurred by CUSTOMER as well as any costs incurred by LESSOR for
seeking legal action as addressed in section 19 herein.
11. ACCESS: The CUSTOMER and its authorized agent(s) shall have
access to the Records stored in LESSOR'S vault during hours designated by LESSOR
upon 24-hour advance notice. The CUSTOMER shall designate on the Access
Authorization Card provided by LESSOR (the form of which is attached hereto as Exhibit
B) any and all agents authorized to have access to the Records and such agents shall be
empowered to issue instructions regarding disposition of such Records. The
CUSTOMER agrees that LESSOR shall incur no liability to the CUSTOMER by reason
of granting access to or following instructions of any person designated as agent as above
provided unless LESSOR shall have received written notice of revocation of such agent's
authority. The person or persons signing this Agreement as CUSTOMER or on behalf of
CUSTOMER, shall be deemed to be authorized to have such access, unless LESSOR has
received notice in writing to the contrary. In no event shall the authority of an agent or
CUSTOMER be revoked by the death or incompetence of his principal until written notice
thereof shall be received by LESSOR, but LESSOR may, in its sole discretion, refuse the
agent access to said space or its contents. LESSOR may also require CUSTOMER and
any authorized agents to execute such signature and identification cards in addition to the
Access Authorization Card containing such information, statements or agreements as
LESSOR may require with reference to right of access to the Records, including the right
to remove the whole or any part thereof, the right to surrender such space and release
LESSOR from all liability with respect thereto, and the appointment of agents to act for
CUSTOMER in regard thereto.
12. ORAL OR FACSIMILE INSTRUCTIONS: CUSTOMER and
its authorized agents are authorized to give oral or facsimile instructions to LESSOR
regarding the Records. CUSTOMER agrees that LESSOR may in good faith rely on any
such oral or facsimile instructions that purport to come from an authorized agent of
CUSTOMER without independent verification by LESSOR.
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13. CONTAINERS: Records shall be stored in LESSOR'S
containers. Containers for storage of the Records shall be in accordance with American
National Standard IT9.2-1991.
14. CUSTOMER ADDRESS: It is expressly understood and agreed
that all notices of any nature to the CUSTOMER shall be sent to the following address
until written notice to the contrary is received by LESSOR at P.O. BOX 1756, TAHOE
CITY, CA 96145, and acknowledged by it in writing. ` /
Address .� 3 C�C� /1,��t%(�C r i �� �1 Phone % C (I - U (-/ `1
%(o,CC ((,3 Fax C/qq -6VV
15. LOSS OF CLAIM: Any claims against LESSOR for loss or
damage to the Records must be made in writing and be delivered to LESSOR by certified
mail within 60 days after the loss of or damage to the Records is discovered by
CUSTOMER.
16. ARBITRATION: Either LESSOR or CUSTOMER may require
that any dispute or claim arising out of, or for the breach of these terms or conditions or in
connection with the property stored hereunder whether founded in tort or contract, be
settled by arbitration under the arbitration laws of the State of California and under the
rules of the American Arbitration Association.
17. ASSIGNMENT: The CUSTOMER shall not assign, sublet, or in
any way transfer its rights under this Agreement without the prior written notice to
LESSOR.
18. MODIFICATION: Except as otherwise provided herein, the
terms and conditions of this Agreement may not be changed orally but only by agreement
in writing signed by LESSOR and the CUSTOMER.
19. ATTORNEY'S FEES: In any legal action, arbitration, or other
proceeding brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees and any other costs incurred in that
proceeding in addition to any other relief to which it is entitled. The provisions of this
paragraph constitute a distinct and separable agreement from the contractual rights created
by this Agreement. In the event of a judgment against one party concerning any aspect of
this Agreement, the right to recover post judgment attorney's fees incurred in enforcing
the judgment shall not be merged into and extinguished by any money judgment.
20. GOVERNING LAW: These terms and conditions shall be
governed by, and all its terms and conditions shall be construed in accordance with, the
laws of the State of California.
21. BINDING AGREEMENT: The terms and conditions of this
Agreement shall become binding upon the date first set forth above and shall thereafter
inure to the benefit of the parties hereto and their respective heirs, administrators,
executors and successors.
22. INVALIDITY: The invalidity of one section or clause of these
terms and conditions shall not make any other section or clause invalid.
23. ENTIRE AGREEMENT: These terms and conditions shall
constitute the entire terms and conditions of this Agreement covering everything agreed
upon or understood in this transaction. There are no oral promises, conditions,
representations, understandings, interpretations, or terms of any kind as conditions or
inducement to the execution hereof in effect between the parties.
24. NO THIRD PARTY BENEFICIARIES: This Agreement is
made for the sole and exclusive benefit of CUSTOMER and LESSOR and no other
persons or organizations shall have rights or remedies on account of or arising under this
Agreement. CUSTOMER agrees to hold LESSOR harmless and indemnify LESSOR
from any and all claims, demands, expenses, losses and damages of third parties of any
nature whatsoever arising directly or indirectly from any transfer request initiated pursuant
to this Agreement.
25. AUTHORITY: Each person signing on behalf of the
CUSTOMER warrants that such party has performed all actions necessary to make this a
binding agreement, fully enforceable in accordance with its terms.
LESSOR: -SECURED STORAGE CUSTOMER:I U' �)r'o c J)
BY: Donna Lenarcic BY: CC C/1 0 C /r'� . dai
y/
SIGNATURE:9�6ulr rr cctiC� SIGNATURE: %\�L/arl'n�—
TITLE: Administrator
DATE: _ 5-11-99
TITLE:
DATE: 5 �%
P.O. BOX 1756, TAHOE CI'T'Y, CA 96145
secured agreement
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EXHIBIT A
STORAGE SPACE RENTAL AGREEMENT
Rate and Fee Schedule
Microfilm, microfiche, audio cassettes, diskettes and compact disks - $4 per
cubic foot per month (2 cubic feet minimum)
Magnetic tapes - $1 per tape per month for first 15 tapes, $.50 per tape per
month thereafter
Vault. administrator service fee - $24 per hour billable in 15 minute increments
(15 minute minimum)
Container fee - $10 per container
Shipping fee - Actual cost of shipping and packaging (in addition to Vault
Administrator time)
Copy fee - $3.50 for the first page, $1 per page thereafter
Late charge - If payment is 30 days or more past due, Customer will be
assessed a late charge of I% of outstanding balance
Exhibit A
sbn94517.a
SECURED STORAGE
a division of
THE HEART OF CALIFORNIA CORPORATION
VAULT LOCATION:
VAULT ADMINISTRATOR:
705 North Lake Blvd.
P. O. Box 1756
Tahoe City, CA 96145
DONNA LENARCIC
(916) 583-2334
(916) 583-8887 FAX
SECURED STORAGE is one of the finest facilities in the business of
vital records storage and retrieval.
The SECURED STORAGE vault is designed especially for records
storage in an atmosphere of MAXIMUM SECURITY. Federal Bank
Protection Act specifications are met with the most modern and
efficient security systems. The class "A1l vault walls are 12"
thick with two blankets of 5/8" steel reinforcing rods. The vault
door is 3 1/2" thick and weighs 2 1/2 tons with a 120 hour time
lock. The vault includes advanced intrusion devices, including
extremely delicate sound detection mechanisms. The intrusion and
fire alarms are connected directly to law enforcement and fire
protection agencies. The fire suppression system, Halon 1301,
dispenses a clean, non -liquid agent within 30 seconds. All these
systems are backed up by an automatic auxiliary power generator
with a 30 -day fuel supply. We maintain the vault at a constant
controlled temperature 60°F and 30% relative humidity. In these
conditions archival quality for microforms and computer tapes are
well within the ANSI standard - PH1.43-1985.
Although the vault is far removed from city areas, it is easily
accessible by interstate highways and commercial airports.
You have taken valuable time and money to film your records. Now
is the time to think of SECURED STORAGE for your storage needs.
CITY OF NEWPORT BEACH 202OP0503
TERMS AND CONDITIONS OF STORAGE;`
SPACE RENTAL AGREEMENT �N
Microfilm, and/or Magnetic Tape crtv��
A! OF
TQ�Ctf
WITNESSETH
WHEREAS, THE HEART OF CALIFORNIA CORPORATION, A California corporation, hereinafter called "LESSOR,"
has entered into a Storage Space Lease Agreement with the undersigned Lessee, hereinafter called `DEPOSITOR,"
and Depositor has hired from LESSOR for DEPOSITOR'S exclusive use, for a period of one year from the date of
approval of said Agreement by LESSOR or until cancelled, storage space in its storage facilities, located at 705 North
Lake Blvd., Tahoe City, California.
NOW, THEREFORE, IT IS HEREBY AGREED by and between LESSOR and DEPOSITOR as follows:
1. RATE SCHEDULE: DEPOSITOR shall pay LESSOR an annual rental in accordance with the rates expressed
on Page 4 of this agreement. The above mentioned rental shall include "Valuable Papers and Records" insurance.
2. ADDITIONAL INSURANCE: In the event DEPOSITOR declares a value of the contents in any container as being
in excess of the insurance coverage prescribed in Paragraph 1 above, DEPOSITOR shall have the option to insure said
contents at an additional charge, individually contract to insure said contents, or not insure said excess value.
3. STORAGE SPECIFICATIONS: LESSOR agrees:
(a) to store and maintain the DEPOSITOR'S records in its vault located at the Southwest corner of North Lake
Boulevard and Jackpine Street, Tahoe City, California (705 North Lake Boulevard);
(b) to exercise diligent effort to maintain the temperature and humidity within the vault in accordance with existing
American National Standards per P.H. 1.43-1985 for this type of storage;
(c) to maintain closely controlled access and security.
(d) to provide and maintain fire detection, alarm and extinguishing apparatus and equipment.
4. RECEIPT AND WITHDRAWAL: LESSOR shall issue a non -transferable receipt for property delivered to it to
be placed in storage for the DEPOSITOR and shall permit the withdrawal of such property upon receipt from the
DEPOSITOR or its authorized agent proper authorization in accordance with the Standard Authorization Card.
5. EXTRA SERVICE CHARGES: In addition to the above mentioned rentals, LESSOR shall charge DEPOSITOR
for all labor, services and expenses actually incurred by LESSOR, or its employees, officers or agents, in handling of
property, shipping expenses and other services ordered by DEPOSITOR in the appropriate receipt, storage and delivery
or other disposition of DEPOSITOR'S property.
6. DEPOSITOR'S DECLARATION OF VALUE: The DEPOSITOR hereby agrees to declare on each LESSOR receipt
form or at such other times as requested by LESSOR the value to the DEPOSITOR of all property transported, stored,
handled or serviced for the DEPOSITOR'S account by LESSOR.
7. LIMITATIONS OF LIABILITY:
(a) The DEPOSITOR expressly understands and agrees that the declared value of hardcopy, microfilm, magnetic
tape or contents, shall represent only the estimated cost to replace such property delivered to LESSOR and shall
not represent the actual value to the DEPOSITOR of the data contained on the hard copy, microfilm, magnetic
tape or contents or the cost to recover such property. In the event of LESSOR'S negligence LESSOR'S liability
for loss or damage to hardcopy, microfilm, magnetic tape or contents stored in LESSOR'S vault shall be limited
to the actual cost to replace such property or the DEPOSITOR'S declared value to replace such property, whichever
is lesser, irrespective of the actual value of said hardcopy, microfilm, magnetic tape or contents.
(b) Notwithstanding any other provision herein, the DEPOSITOR agrees that its property may be moved, packed,
stored, or otherwise handled at the DEPOSITOR'S risk with respect to loss, damage or destruction and that,
except in the case of the negligence of LESSOR'S employees, of officers in the performance of their duties. LESSOR
shall not be liable for the loss or damage to any of the DEPOSITOR'S property or responsible for its condition
whether or not it is packed or unpacked by the DEPOSITOR or its agents or by LESSOR for its agents.
(c) Notwithstanding any other provision herein, LESSOR'S liability for loss or damage to property stored under
this Agreement shall be limited to the extent of LESSOR'S "Valuable Papers and Records" insurance coverage.
LESSOR shall not be further liable for loss or damage unless caused by the negligence of its employees or officers
in the performance of their duties.
8. DEPOSITOR'S WARRANTIES: The DEPOSITOR represents and warrants that he will be the owner or legal
custodian of the property at such time as he delivers it to LESSOR to be stored in LESSOR'S vault and that he will have
the authority to store the property in accordance with these terms and conditions. The DEPOSITOR further agrees
to defend all lawsuits, indemnify, and hold LESSOR free and harmless in the event LESSOR is made a party to any
1.
litigation by reason of having the DEPOSITOR'S property or any portion thereof stored and to pay all costs incurred
in connection therewith.
9. RESTRICTIONS ON STORAGE: DEPOSITOR shall not assign this lease nor sublet the space or any portion
thereof. DEPOSITOR shall not use said space for the storage of any liquid, nor any explosive, nor any property of
a dangerous or offensive nature, nor any property the possession of which is prohibited by local, state or federal laws
and statutes, or of any property which may become a nuisance to LESSOR or any of its tenants. DEPOSITOR shall
defend all lawsuits, indemnify, and hold LESSOR, its officers, and employees and its tenants free and harmless from
all damage in anyway caused by a violation of the terms of this Paragraph. LESSOR shall have the right in the event
of an emergency, as confirmed by local law enforcement officials, to examine the contents of space at any time without
demand or notice to DEPOSITOR and remove therefrom any property stored therein in violation of this Paragraph.
LESSOR reserves the right to refuse to accept and/or to open and inspect any package or container (whether sealed
or unsealed) offered for deposit or deposited in said space for the purpose of determining the contents thereof as a
precaution against spontaneous combustion or explosion.
10. TERMINATION: The Agreement executed by the parties, and the terms and conditions incorporated by reference
therein, may be terminated by either party upon thirty (30) days written notice of said intention to terminate.
11. PAYMENT:
(a) Payment for storage space and all additional services under this agreement shall be due and payable within thirty
(30) days of due billing date stated on LESSOR'S invoice to the DEPOSITOR.
(b) The DEPOSITOR agrees to prepay LESSOR for one year's storage space.
(c) In the event payment as herein provided is not made within thirty (30) days after it shall have become payable,
LESSOR may terminate this Agreement upon thirty (30) days written notice to the DEPOSITOR mailed to the
DEPOSITOR at its address as registered on LESSOR'S records.
(d) In the event that DEPOSITOR does not pay the rental or extra charge within the time period specified in
Paragraph 11 (a) above, LESSOR reserves the right to refuse the DEPOSITOR access to said space or its con-
tents at any time while any rental or other charges due and payable hereunder are unpaid. If condition of default
by Depositor prevails for ninety days, Lessor reserves the right to return, certified receipt requested, to the
Depositor, Depositor's records. Lessor reserves the right to hold the Depositor accountable for any unpaid charges
incurred by Depositor as well as any costs incurred by Lessor, by seeking legal action as addressed in Item 18, herein.
12. ACCESS: The DEPOSITOR and his authorized agent(s) shall have access to the DEPOSITOR'S property stored
in LESSOR'S vault on all regular business days during regular business hours. The DEPOSITOR shall designate on
the form provided by LESSOR any and all agents authorized to have access to the DEPOSITOR'S property and such
agents shall be empowered to issue instructions regarding dispositon of such property. The DEPOSITOR agrees that
LESSOR shall incur no liability to THE DEPOSITOR by reason of granting access to or following instructions of any
person designated as agent as above provided unless LESSOR shall have received written notice of revocation of agent's
authority. DEPOSITOR and his authorized agents shall be identified in accordance with LESSOR'S Standard Authoriza-
tion Card. The person or persons signing the storage space lease agreement as DEPOSITOR or on behalf of DEPOSITOR,
shall be deemed to be authorized to have such access or possession, unless LESSOR has received notice in writing
to the contrary. In no event shall the authority of an agent or DEPOSITOR be revoked by the death or incompetency
of his principal until written notice thereof shall be served upon LESSOR, but LESSOR may, in the meantime, refuse
the agent access to said space of its contents if it shall see fit. LESSOR may require DEPOSITOR and his authorized
agents to execute such signature and identification cards containing such information, statements or agreements as LESSOR
may require with reference to right of access to the CONTAINER or its contents, including the right to remove the
whole or any part thereof, the right to surrender such space and release LESSOR from all liability with respect thereto,
and the appointment of agents to act for DEPOSITOR in regard thereto.
13. NOTIFICATION OF DEATH: DEPOSITOR shall notify LESSOR of the death of any person having the right
of access to said Container or its contents.
14. USE OF CONTAINERS: Containers shall include metal cabinets, acid -free boxes and racks, necessary for proper
storage of records, in accordance with American National Standard IT9.2-1988. The LESSOR reserves the right to
refuse, for storage, any container deemed to contain harmful contaminants.
15. RULES AND REGULATIONS: LESSOR shall have the right to make such reasonable rules and regulations
without notice to DEPOSITOR as it may, from time to time, deem necessary for the safety, care and management
of its premises and for the carrying out of this agreement and DEPOSITOR agrees to abide by such rules and regula-
tions on 30 days notice.
2.
16. DEPOSITOR ADDRESS: It is expressly understood and agreed that all notices of any nature to the DEPOSITOR
shall be sent to the following address until written
written notice is received by LESSOR and acknowledged by it in writing.
17. LOSS CLAIMS: LESSOR shall not be liable for the loss of, destruction of, or damage to the DEPOSITOR'S
property, or any part thereof, unless, after the date upon which the property is delivered or demand therefor is refused,
or the date upon which written notice of loss of or damage to the property is mailed to the DEPOSITOR at his last
known address, whichever date is earlier, the DEPOSITOR presents a claim in writing therefor to LESSOR, within
60 days after such date, accompanied by paid bill or receipt for charges and DEPOSITOR within one year after such
date commences a lawsuit.
18. ARBITRATION: LESSOR shall have the sole and exclusive option to require that any dispute or claim arising
out of, or for the breach of these terms or conditions or in connection with the property stored hereunder: whether
founded in tort or contract, be settled by arbitration under the arbitration laws of the State of California and under the
rules of the American Arbitration Association; provided, however, that upon any such arbitration, the arbitrator(s) may
not vary, modify or disregard the provision contained herein including those respecting the declared value of the property,
the limitation of liability of LESSOR and the burden of proof. If LESSOR desires such arbitration, it shall require arbitra-
tion in writing by written demand mailed to the DEPOSITOR at his last known address at any time after filing a claim,
but not later than thirty (30) days after service of summons on LESSOR. If not so demanded by LESSOR the right
to require arbitration is waived and either LESSOR or DEPOSITOR shall have the right to file a lawsuit to determine
any of their respective rights or obligations provided, however, that venue for any legal action shall be in Placer County,
California. If so required, award of the arbitrator may be entered as a judgement of a court of record in Placer County.
The DEPOSITOR and LESSOR shall share equally the cost of arbitration. While arbitration is pending, no suit shall
be filed by the DEPOSITOR and no further proceedings shall be taken by the DEPOSITOR in any suit previously filed.
19. ASSIGNMENT: The DEPOSITOR shall not assign, sublet, or in any way dispose of these rights under any
terms and conditions without the prior written consent of LESSOR.
20. MODIFICATION: These terms and conditions may not be changed orally but only by agreement in writing
signed by LESSOR and the DEPOSITOR.
21. GOVERNING LAW: These terms and conditions shall be governed by, and all its terms and conditions shall
be construed in accordance with, the laws of the State of California.
22. BINDING AGREEMENT: These terms and conditions shall become binding upon the date of approval of the
Storage Space Lease Agreement by LESSOR at its principal place of business in Auburn, California, and shall thereafter
inure to the benefit of the parties hereto and their respective heirs, administrators, executors and successors.
23. INVALIDITY: The invalidity of one section or clause of these terms and conditions shall not make any other
section or clause invalid.
24. ENTIRE AGREEMENT: These terms and conditions shall constitute the entire terms and conditions to be
incorporated into the Storage Space Lease Agreement covering everything agreed upon or understood in this trans-
action. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind
as conditions or inducement to the execution hereof in effect between the parties.
3.
i
"RATE SCHEDULE"
(annual fees)*
$40.00 per cu. ft. ($100.00 minimum charge)
Magnetic Tapes:
(600'-2400') $---!0. 00 ea. for first 15
$ 5.00 ea. thereafter
Storage Boxes $----§---00 ea.
*Prices quoted are valid for the period July 1, 1992 to June 30, 1993
DEPOSITOR
By
Title
Date
LESSOR
SECURED STORAGE
THE HEART OF CALIFORNIA CORPORATION
By�vc�r�r���t��
Title zq-&,._tt4GSZvc 60r
Date
HC20-1 Rev. 4/90 4
kemorandnm
To:
Secured Storage C
From:
Glenda Hanselman
Date:
October 5, 1995
Subject:
Statement Outline/
Storage Agreements
• Enclosed please find your 4th quarter statement for storage of you records at our
facility in Tahoe City.
• Please note that prorated charges are reflected on your statement for records added to
your account during 3rd quarter.
If you have not previously submitted payment for 3rd quarter, please submit with your
4th quarter payment.
• For those accounts that have chosen to pay the annual amount, please do not process
this credit balance.
• We have made minor changes to our statements but hope that these changes are
helpful.
We would like to take this opportunity to thank you for your business with Secured
Storage and appreciate your patience during this billing transition period. If for any
reason you have not returned your signed agreements, please do so as soon as possible.
CC: Bruce Anderson
SEC,"ED STORAGE RENTAL AGREEMEL x
This Secured Storage Rental Agreement (the "Agreement")
is entered into on , 1991
between U.S. Bank of California, hereinafter called "LESSOR," and
the undersigned, hereinafter called "CUSTOMER." The parties
agree as follows.
1. GENERAL AGREEMENT: CUSTOMER hereby requests and
LESSOR agrees to store and maintain CUSTOMER'S original or source
microfilm, microfiche, magnetic tape, audio cassettes, diskettes,
compact disks or other records agreed to by LESSOR, hereinafter
referred to as "Records," in its vault located at 705 North Lake
Boulevard, Tahoe City, California. As provided in Section 6,
CUSTOMER agrees to maintain duplicate Records.
2. TERM: The term of this Agreement shall be for a
period of one year from the date of this Agreement unless
terminated earlier in accordance with Section 9 hereof. The term
of this Agreement shall automatically renew for additional one
year terms, subject to rate changes on the anniversary date,
unless either party gives notice of termination in accordance
with Section 9.
3. RATE SCHEDULE: CUSTOMER shall pay LESSOR in
accordance with the Rate and Fee Schedule, attached hereto as
Exhibit A. Fees may be changed by LESSOR at any time upon prior
written notice to Customer.
4. STORAGE SPECIFICATION: LESSOR agrees to:
a. store and maintain the Records in its vault
located at 705 North Lake Boulevard, Tahoe City, California;
b. exercise diligent effort to maintain the
temperature and humidity within the vault in accordance with
existing American National Standards per NAPM IT9.11-1993 for
this type of storage;
C. exercise diligent effort to maintain closely
controlled access and security; and
d. exercise diligent effort to provide and maintain
fire detection, alarm and extinguishing apparatus and equipment.
5. RECEIPT AND WITHDRAWAL: LESSOR shall issue a non-
transferable receipt for the Records delivered to it to be placed
in storage for the CUSTOMER and shall permit access to or
withdrawal of the Records by CUSTOMER or its authorized agent in
accordance with the terms of the standard Access Authorization
Card, attached hereto as Exhibit B. LESSOR is authorized to rely
in good faith on oral and facsimile instructions in accordance
with Section 12.
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6. LIMIa,&TIONS OF LIABILITY:
a. Notwithstanding any other provision herein, the
CUSTOMER agrees that the Records may be moved, stored, or
otherwise handled at the CUSTOMER'S risk and that, except in the
case of gross negligence on the part of LESSOR'S employees or
officers in the performance of their duties, LESSOR shall not be
liable for any loss or damage to any Records stored under this
Agreement. In -the event of gross negligence on the part of
LESSOR'S employees or officers in the performance of their
duties, LESSOR'S liability for loss or damage to the Records
stored under this Agreement shall be limited to the actual cost
of duplicating such Records from CUSTOMER's duplicate Records,
irrespective of the actual value of the Records or the data
contained therein.
b. CUSTOMER acknowledges and agrees that LESSOR does
not constitute a bailee as to any of CUSTOMER'S Records or other
property hereunder.
C. LESSOR shall not be liable for any damage to the
Records that is caused by accident, strike, fire, flood, war,
riot, civil disturbance, equipment breakdown, electrical or
mechanical breakdown, acts of nature or any cause which is
attributable to a third party, reasonably unavoidable or beyond
LESSOR'S reasonable control.
7. CUSTOMER'S WARRANTIES: The CUSTOMER represents
and warrants that it will be the owner or legal custodian of the
Records at such time as it delivers such Records to LESSOR to be
stored in LESSOR'S vault and that it will have the authority to
store the Records in accordance with the terms and conditions of
this Agreement. Unless otherwise specifically provided in this
Agreement, the CUSTOMER agrees to indemnify, defend, protect and
hold harmless LESSOR from and against any and all claims,
demands, losses, liabilities, costs (including attorney's fees
and court costs) and damages arising from having the CUSTOMER'S
Records or any portion thereof stored and to pay all costs
incurred in connection therewith.
8. RESTRICTIONS ON STORAGE: CUSTOMER shall not use
space rented under this Agreement for the storage of any liquid,
any explosive, any property of a dangerous or offensive nature,
any property the possession of which is prohibited by local,
state or federal laws and statutes, or of any property which may
become a nuisance to LESSOR or any of its customers. CUSTOMER
shall indemnify, defend, protect and hold harmless LESSOR, its
officers, and employees and its customers from and against any
and all claims, demands, losses, liabilities, costs (including
attorney's fees and court costs) and damage in any way caused by
a violation of the terms of this Paragraph. LESSOR shall have
the right in the event of an emergency, as confirmed by local law
enforcement officials, to examine the contents of space at any
time without demand or notice to CUSTOMER and remove therefrom
any records or other property stored therein in violation of this
Paragraph. LESSOR reserves the right to refuse to accept and/or
to open and inspect any package or container (whether sealed or
sbn94517.doc - 2-
unsealed) offered i,r storage or stored in sai- space for the
purpose of determining the contents thereof.
9. TERMINATION: This Agreement may be terminated by
either party upon thirty (30) days written notice of intention to
terminate. The LESSOR may terminate this Agreement immediately
if it believes in good faith that continued storage of CUSTOMER's
property creates an unreasonable risk of harm.
10. PAYMENT:
a. Payment for storage space and all additional
services under this Agreement shall be due upon receipt of
invoice by LESSOR subject to late charges.
b. In the event that CUSTOMER does not pay the rental
rates or other charges when due as specified in Paragraph 10a
above, LESSOR reserves the right to refuse the CUSTOMER access to
said space or its contents at any time while any rental or
additional charges due and payable hereunder are unpaid. If
condition of default by CUSTOMER prevails for ninety (90) days,
LESSOR in its discretion reserves the right to immediately
terminate this agreement and dispose of the Records or return the
Records to the CUSTOMER. LESSOR reserves the right to hold the
CUSTOMER accountable for any unpaid charges incurred by CUSTOMER
as well as any costs incurred by LESSOR for seeking legal action
as addressed in paragraph 19 herein.
11. ACCESS: The CUSTOMER and its authorized agent(s)
shall have access to the Records stored in LESSORIS vault during
hours designated by LESSOR upon 24-hour advance notice. The
CUSTOMER shall designate on the Access Authorization Card
provided by LESSOR (the form of which is attached hereto as
Exhibit B) any and all agents authorized to have access to the
Records and such agents shall be empowered to issue instructions
regarding disposition of such Records. The CUSTOMER agrees that
LESSOR shall incur no liability to the CUSTOMER by reason of
granting access to or following instructions of any person
designated as agent as above provided unless LESSOR shall have
received written notice of revocation of such agent's authority.
The person or persons signing this Agreement as CUSTOMER or on
behalf of CUSTOMER, shall be deemed to be authorized to have such
access, unless LESSOR has received notice in writing to the
contrary. In no event shall the authority of an agent or
CUSTOMER be revoked by the death or incompetency of his principal
until written notice thereof shall be received by LESSOR, but
LESSOR may, in its sole discretion, refuse the agent access to
said space or its contents. LESSOR may also require CUSTOMER and
any authorized agents to execute such signature and
identification cards in addition to the Access Authorization Card
containing such information, statements or agreements as LESSOR
may require with reference to right of access to the Records,
including the right to remove the whole or any part thereof, the
right to surrender such space and release LESSOR from all
liability with respect thereto, and the appointment of agents to
act for CUSTOMER in regard thereto.
sbn94517.doc — 3—
12. ORAL OR FACSIMILE INSTRUCTIONS. CUSTOMER and its
authorized agents are authorized to give oral or facsimile
instructions to LESSOR regarding the Records. CUSTOMER agrees
that LESSOR may in good faith rely on any such oral or facsimile
instructions that purport to come from an authorized agent of
CUSTOMER without independent verification by LESSOR.
13. CONTAINERS: Records shall be stored in LESSOR's
containers. Containers for storage of the Records shall be in
accordance with American National Standard IT9.2-1991.
14. CUSTOMER ADDRESS: It is expressly understood and
agreed that all notices of any nature to the CUSTOMER shall be
sent to the following address until written notice to the
contrary is received by LESSOR and acknowledged by it in writing.
15. LOSS OF CLAIM: Any claims against LESSOR for loss
or damage to the Records must be made in writing and be delivered
to LESSOR by certified mail within 60 days after the loss of or
damage to the Records is discovered by CUSTOMER.
16. ARBITRATION: Either LESSOR or CUSTOMER may
require that any dispute or claim arising out of, or for the
breach of these terms or conditions or in connection with the
property stored hereunder whether founded in tort or contract, be
settled by arbitration under the arbitration laws of the State of
California and under the rules of the American Arbitration
Association.
17. ASSIGNMENT: The CUSTOMER shall not assign,
sublet, or in any way transfer its rights under this Agreement
without the prior written notice to LESSOR.
18. MODIFICATION: Except as otherwise provided
herein, the terms and conditions of this Agreement may not be
changed orally but only by agreement in writing signed by LESSOR
and the CUSTOMER.
19. ATTORNEY'S FEES: In any legal action,
arbitration, or other proceeding brought to enforce or interpret
the terms of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and any other costs
incurred in that proceeding in addition to any other relief to
which it is entitled. The provisions of this paragraph
constitute a distinct and separable agreement from the
contractual rights created by this Agreement. In the event of a
judgment against one party concerning any aspect of this
Agreement, the right to recover post -judgment attorney's fees
incurred in enforcing the judgment shall not be merged into and
extinguished by any money judgment.
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20. GOVERNING LAW: These terms and conditions shall
be governed by, and all its terms and conditions shall be
construed in accordance with, the laws of the State of
California.
21. BINDING AGREEMENT: The terms and conditions of
this Agreement shall become binding upon the date first set forth
above and shall thereafter inure to the benefit of the parties
hereto and their respective heirs, administrators, executors and
successors.
22. INVALIDITY: The invalidity of one section or
clause of these terms and conditions shall not make any other
section or clause invalid.
23. ENTIRE AGREEMENTS These terms and conditions
shall constitute the entire terms and conditions of this
Agreement covering everything agreed upon or understood in this
transaction. There are no oral promises, conditions,
representations, understandings, interpretations, or terms of any
kind as conditions or inducement to the execution hereof in
effect between the parties.
24. NO THIRD PARTY BENEFICIARIES. This Agreement is
made for the sole and exclusive benefit of CUSTOMER and LESSOR
and no other persons or organizations shall have any rights or
remedies on account of or arising under this Agreement. CUSTOMER
agrees to hold LESSOR harmless and indemnify LESSOR from any and
all claims, demands, expenses, losses and damages of third
parties of any nature whatsoever arising directly or indirectly
from any transfer request initiated pursuant to this Agreement.
25. AUTHORITY. Each person signing on behalf of the
CUSTOMER warrants that such party has performed all actions
necessary to make this a binding agreement, fully enforceable in
accordance with its terms.
LESSOR:
U.S. BANK OF CALIFORNIA CUSTOMER:
BY: BY:
TITLE: TITLE:
DATE:
sbn94517.doc - 5-
DATE:
EXHIBIT A
STORAGE SPACE RENTAL AGREEMENT
Rate and Fee Schedule
Microfilm, microfiche, audio cassettes, diskettes and compact disks - $4 per
cubic foot per month (2 cubic feet minimum)
Magnetic tapes - $1 per tape per month for first 15 tapes, $.50 per tape per
month thereafter
Vault administrator service fee - $24 per hour billable in 15 minute increments
(15 minute minimum)
Container fee - $10 per container
Shipping fee - Actual cost of shipping and packaging (in addition to Vault
Administrator time)
Copy fee - $3.50 for the first page, $1 per page thereafter
Late charge - If payment is 30 days or more past due, Customer will be
assessed a late charge of 1 % of outstanding balance
Exhibit A
sbn94517.a
ACCESS AUTHORIZATION CARD
Date:
Codeword:
The undersigned, being an authorized representative of the CUSTOMER,
hereby authorizes the persons who appear below to give instructions to
LESSOR with regard to items stored pursuant to the Storage Space Rental
Agreement.
Name
Name
Name
Signature
Signature
Signature
All prior authorizations regarding storage space are hereby superseded.
This authority shall remain in effect until CUSTOMER terminates this authority in
writing to LESSOR.
CUSTOMER*
By:
Title:
By:
Title:
* Two signatures are required if a person signing this agreement is also
authorized to access the items stored on his or her own authority.
Exhibit B
sbn94517. b