RENTAL AGREEMENT
This agreement dated the day of this submission between the individual submitting this form as indicated above (hereinafter referred to as "TENANT") and Hillside Palms RV Park (hereinafter referred to as "MANAGEMENT").
MANAGEMENT does hereby rent to TENANT Storage a single space on our property located at 175 North 600 East, St. George, UT 84770 to be used as storage for personal or business property for the monthly rate (designated on the rental rate section) payable on the first (1 ) day of each month hereinafter. Rental payment is payable in advance.
MANAGEMENT requires your deposit which will including the first (1 ) month's rent plus the current month's rent (which has been prorated to the first (1 ) day of next month where applicable). All payments made to MANAGEMENT pursuant to the agreement shall be applied first to administrative and late charges, then the balance to accrued and unpaid rent. This agreement shall expire on the last day of each month and automatically renew for one (1) additional month, SUBJECT TO THE CONDITIONS ON THE NEXT PAGE. Rental payments made after day 10 of the month are subject to a $15.00 Late Charge. Mailed payments must be postmarked by day 10 of the month to avoid Late Charge. A returned check is subject to a charge of $30.00.
TENANT shall give MANAGEMENT ten (10) days written notice to vacate in order to avoid responsibility for the payment of the next month's rent. This will be in the form of an INTENT TO VACATE FORM (Available on our website) to submitted and signed by the Tenant and be approved by management. TENANT WILL BE RESPONSIBLE FOR ALL CHARGES ON ACCOUNT IF FORM HAS NOT BEEN SUBMITTED ONLINE TO MANAGEMENT AT LEAST 10 DAYS PRIOR TO MOVE-OUT.
TENANT acknowledges that MANAGEMENT does not provide security or carry any insurance which in any way covers any loss whatsoever that TENANT may have or claim by renting the Storage Space. All property stored in the Storage Space shall be at TENANT'S sole risk.
TENANT acknowledges that MANAGEMENT suggests the purchase of insurance. It is the sole responsibility of the tenant to maintain insurance and lock-up and secure the stored item or vehicle.
TENANT ACKNOWLEDGES THAT HE HAS READ THE CONDITIONS ON THE NEXT PAGE AND AGREES TO BE BOUND BY THEM.
Tenant further covenants with Management that at the expiration of terms of this Lease, peaceable possession of the premises shall be given to the Management, in as good condition as they are now, normal wear, inevitable accidents and loss by fire excepted; and the Tenant agrees not to let, sublet, or assign the whole or any part of the premises without written consent of the Management.
Tenant shall not place or keep on the premises explosives, flammable liquids, contraband or other goods prohibited by the law and agrees to abide by any rules promulgated by Management governing the use of these premises. Tenant shall not permit damage to the premises and shall indemnify and hold Management harmless from any claim or cause of action arising out of Tenant's use of the premises. Tenant assumes responsibility for any loss or damage to property stored by Tenant on the premises and may or may not elect to provide insurance coverage for the same.
MANAGEMENT DOES NOT MAINTAIN INSURANCE FOR THE BENEFIT OF TENANT, WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT TENANT MAY HAVE OR CLAIM BY RENTING THE STORAGE SPACE OR PREMISES AND EXPRESSLY RELEASES MANAGEMENT FROM ANY LOSSES AND/OR DAMAGES TO SAID PROPERTY CAUSED BY FIRE, THEFT, WATER, ELECTRICAL, RAINSTORMS, TORNADO, EXPLOSION, RIOT, RODENTS, CIVIL DISTURBANCES, INSECTS, SONIC BOOM, LAND VEHICLES, UNLAWFUL ENTRY, OR ANY OTHER CAUSE WHATSOEVER, NOR SHALL MANAGEMENT BE LIABLE TO TENANT AND/OR TENANT'S GUEST OR INVITES OR AGENTS WHILE ON OR ABOUT MANAGEMENT PREMISES. MANAGEMENT STRONGLY RECOMMENDS THAT TENANT PURCHASE AN INSURANCE POLICY.
All leases expire on the last day of each month. The management may terminate said lease at his option if the Tenant is not in full compliance with the terms of this Lease, subject to Management's approval. TENANT'S FAILURE TO SUBMIT AN INTENT TO VACATE FORM AND TO VACATE THE PREMISES ON THE LAST DAY OF THE MONTH AUTOMATICALLY RENEWS THE LEASE FOR ONE (1) MONTH.
Tenant agrees to give Management ten (10) days written notice of his intention to vacate his storage space. THERE ARE NO PRORATED RENT REFUNDS IN THE EVENT THE UNIT IS VACATED BEFORE THE LAST DAY OF THE MONTH.
If the unit is vacated on or after the first of the month, a full month's rent is due.
Rental payments are due on the first (1st) of each month without demand. Payments made after day 10 of the month are subject to a 15.00 Late Charge. Mailed payments must be postmarked by day 10 of the month to avoid the Late Charge. If rental payments are not paid in full within five (5) days of; the due date, including Late Charge, and/or Returned Charge, of Miscellaneous Charge, the Management may, at his option, declare the Tenant in default. No notice need be given of default. MANAGEMENT SENDS OUT BILLINGS FOR MONTHLY RENTAL CHARGES AS A COURTESY ONLY.
The Management may, at his option, take possession of the goods/vehicle/items in the Storage Space on or after day 11 of the month if full payment is not received by the date. Taking possession of the goods shall consist of placing a security boot/lock on property to prevent Tenant's access to the storaged property until all rental, late fees and miscellaneous charges are paid in full. OR Management reserves the right to have Tenants Property Towed away and put in impound at Tenant's own expense.
The personal property in Storage Space may be sold to satisfy the lien, pursuant to Utah Statute 38-8-3, if Tenant is in default. Management shall have a lien on all personal property stored within each Storage Space for rent, labor, or expenses reasonably incurred in the sale pursuant to Utah Statute 38-8-3. All moving, storage and/or sales costs associated with sale of goods shall be borne by Tenant. After a lien against the personal property in the unit arises, ONLY A PAYMENT IN THE FULL AMOUNT OF THE LIEN WILL BE ACCEPTED TO SATISFY LIEN, PARTIAL PAYMENTS WILL NOT STOP ANY AUCTION PROCEDURES OR LEGAL ACTIONS.
Management may, after default of payment, move or have property moved/towed to another location to be stored and Tenant agrees to be solely liable for any damage, loss or expenses incurred by his action. And the parties agree that Management shall have a lien upon all personal property stored on Management’s property to secure payment of this charge, as well as all other charges owed to Management. If the rental account is brought current, the Management shall remove its boot or lock.
In the event Management is required to obtain the services of an attorney to enforce any of the provisions of this Lease, Tenant agrees to pay in addition to the sums due hereunder, an additional amount as and for attorney's fees and cost incurred.
Management will have the right in the event of an emergency to enter the storage area with what ever reasonable force is necessary. They may at their discretion, deny access to premises in case of inclement weather or emergencies.
A returned check is subject to a charge of $30.00, which shall be considered part of the rental. Space shall be in default and security booted by Management, until amount of the returned check, returned check charge, and any additional charges due are paid in full. Payment must be made by money order or certified check.
The Monthly Rental rate, late charge, and returned check charges are each subject to increase on day the first day of each month. Tenant shall be given thirty (30) days written notice of such increases and this Lease shall be deemed to be so altered if the Tenant continues his occupancy beyond the effective date of the increase. Notice shall be deemed given when Management emails Tenant to Tenant at email address given on this Agreement or official change of address. Tenant shall apprise Management of any change in his/her email address or mailing address in writing within twenty (20) days of such change. A new Lease does not have to be executed for any new rental rate increases.
All tenants in default or tenants having prior returned checks must pay by money order. All tenants must pay by check/money order/credit card.
Any right granted herein to Management may be exercised by Management's Rental Agent or other representative or agent.
The covenants herein contained shall extend to and be binding upon the parties hereto, their heirs, executors, administrators and assigns.
The Management's lien is superior to any other lien or security interest, except those which are perfected and recorded prior to the date of this rental agreement in the above-named state, in the name of the Tenant, either in the County of the Tenant's "Last know address" or in the County where the self-service storage facility is located, except a tax lien as provided by law and except those liens or security interests of whom the Management has knowledge through Tenant's disclosure in the rental agreement or through other written notice.
The Management's lien attaches as of the date the personal property is brought to the self-service storage lot facility.
Utah Code, Title 38 Chapter 8 Section 3. Self Service Storage Facilities Enforcement of lien -- Notice requirements -- Sale procedure and effect.
A claim of an owner which has become due against an occupant and which is secured by the owner's lien may be satisfied as follows:
No enforcement action may be taken by the owner until the occupant has been in default continuously for a period of 30 days.
After the occupant has been in default continuously for a period of 30 days, the owner may begin enforcement action if the occupant has been given notice in writing. The notice shall be delivered in person or sent by certified mail to the last known address of the occupant, and a copy of the notice shall, at the same time, be sent to the sheriff of the county where the self-service storage facility is located. Any lienholder with an interest in the property to be sold or otherwise disposed of, of whom the owner has knowledge either through the disclosure provision on the rental agreement or through the existence of a validly filed and perfected UCC-1 financing statement with the Division of Corporations and Commercial Code, or through other written notification, shall be included in the notice process as set forth in this section.
This notice shall include:an itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due;
a brief and general description of the personal property subject to the lien, which description shall be reasonably adequate to permit the person notified to identify the property; except that any container including, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents;
a notification of denial of access to the personal property, if such denial is permitted under the terms of the rental agreement, which notification shall provide the name, street address, and telephone number of the owner or his designated agent whom the occupant may contact to respond to the notification;
a demand for payment within a specified time not less than 15 days after delivery of the notice; and a conspicuous statement that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.
any notice made under this section shall be presumed delivered when it is deposited with the United States postal service and properly addressed with postage prepaid.
(a) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include:
a brief and general description of the personal property reasonably adequate to permit its identification as provided for in Subsection (3)(b); the address of the self-service storage facility and the number, if any, of the space where the personal property is located; and the name of the occupant and his last known address; and
the time, place, and manner of the sale or other disposition, which sale or other disposition shall take place not sooner than 15 days after the first publication.
(b) If there is no newspaper of general circulation in the county where the self-service storage facility is located, the advertisement shall be posted at least ten days before the date of the sale or other disposition in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.
Any sale or other disposition of the personal property shall conform to the terms of the notice provided for in this section.
Any sale or other disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored.
Before any sale or other disposition of personal property under this section, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section and thereby redeem the personal property; upon receipt of this payment, the owner shall return the personal property, and thereafter the owner shall have no liability to any person with respect to that personal property.
A purchaser in good faith of the personal property sold to satisfy a lien as provided for in this chapter takes the property free of any rights of persons against whom the lien was valid and free of any rights of a secured creditor, despite noncompliance by the owner with the requirements of this section.
In the event of a sale under this section, the owner may satisfy his lien for the proceeds of the sale, subject to the rights of any prior lienholder; the lien rights of the prior lienholder are automatically transferred to the proceeds of the sale; if the sale is made in good faith and is conducted in a reasonable manner, the owner shall not be subject to any surcharge for a deficiency in the amount of a prior secured lien, but shall hold the balance, if any, for delivery to the occupant, lienholder, or other person in interest; if the occupant, lienholder, or other person in interest does not claim the balance of the proceeds within one year of the date of sale, it shall become the property of the Utah state treasurer as unclaimed property with no further claim against the owner.
If the requirements of this chapter are not satisfied, if the sale of the personal property is not in conformity with the notice of sale, or if there is a willful violation of this chapter, nothing in this section affects the rights and liabilities of the owner, occupant, or any other person.
MANAGEMENT DOES NOT MAINTAIN INSURANCE FOR THE BENEFIT OF TENANT, WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT TENANT MAY HAVE OR CLAIM BY RENTING THE STORAGE SPACE OR PREMISES AND EXPRESSLY RELEASES MANAGEMENT FROM ANY LOSSES AND/OR DAMAGES TO SAID PROPERTY CAUSED BY FIRE, THEFT, WATER, ELECTRICAL, RAINSTORMS, TORNADO, EXPLOSION, RIOT, RODENTS, CIVIL DISTURBANCES, INSECTS, SONIC BOOM, LAND VEHICLES, UNLAWFUL ENTRY, OR ANY OTHER CAUSE WHATSOEVER, NOR SHALL MANAGEMENT BE LIABLE TO TENANT AND/OR TENANT'S GUEST OR INVITES OR AGENTS WHILE ON OR ABOUT MANAGEMENT PREMISES. MANAGEMENT STRONGLY RECOMMENDS THAT TENANT PURCHASE AN INSURANCE POLICY.
All leases expire on the last day of each month. The management may terminate said lease at his option if the Tenant is not in full compliance with the terms of this Lease, subject to Management's approval. TENANT'S FAILURE TO SUBMIT AN INTENT TO VACATE FORM AND TO VACATE THE PREMISES ON THE LAST DAY OF THE MONTH AUTOMATICALLY RENEWS THE LEASE FOR ONE (1) MONTH.
Tenant agrees to give Management ten (10) days written notice of his intention to vacate his storage space. THERE ARE NO PRORATED RENT REFUNDS IN THE EVENT THE UNIT IS VACATED BEFORE THE LAST DAY OF THE MONTH.
If the unit is vacated on or after the first of the month, a full month's rent is due.
Storage/Parking
RIGHT OF ENFORCEMENT:
The park owners reserve the right to forbid any vehicle entry into the park, which is or has been in violation of these rules or does not meet the park standards. Additionally, the park owners and/or managers reserve the right to add or change the rules and regulations at their sole discretion and as they see necessary.
LITTER AND VANDALISM
It is unlawful to litter. A fine of $100.00 will be imposed for each violation to anyone who is found guilty. This includes unsightly trash on the outside of homes.
Vandalism or theft will not be tolerated and will carry a fine of $500.00 for each violation in addition to any repair or replacement cost incurred by Hillside Palms. The violation could potentially include criminal prosecution, eviction, and loss of community privileges.
HOLD HARMLESS AGREEMENT
By using the storage/parking area or by completing and using this form, you agree to protect, defend, indemnify Hillside Palms RV Park and its officers, owners, workers and agents free and harmless from and against any and all losses, damages, injuries, settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of reserving, visiting, parking or staying at Hillside Palms RV Park, whether it be personal or property damage to vehicles of any resident or their guests by any other resident, guest, worker, or by fire, electrical, theft, or acts of God or nature, including water, sewer, flood, rocks or land movement. By staying with us, or storing your property and vehicles with us and/or requesting a reservation, you assume all liability and are responsible for your driving, parking, storage, and living while on Hillside Palms property. *I AGREE TO SUBMIT THIS REQUEST AND I UNDERSTAND THAT RESERVATION REQUESTS ARE NOT GUARANTEED - BASED ON AVAILABILITY AND APPROVAL.
I ACKNOWLEDGE RECEIVING A COPY OF HILLSIDE MOBILE HOME PARK RULES AND REGULATIONS.
TENANT SIGNATURE(S)