RV and Boat Storage in Marietta, GA

RENTAL AGREEMENT

This RENTAL AGREEMENT (the “Agreement”) is made and entered into as of the latest date set forth next to the signatures on the signature page to this Agreement (the “Effective Date”), by and between Winfred Land, LLC, a Georgia limited liability company (the “Lessor”), and the party listed as Lessee on Schedule A attached hereto (the “Lessee”).

In consideration of the covenants, terms and agreements set-forth herein, Lessor and Lessee hereby agree as follows:

1. Lease Grant. Lessor leases to Lessee and Lessee leases from Lessor that certain space designated on Schedule A attached hereto (the “Space”) at Lessor’s property (the “Property”). Lessee acknowledges that the Space does not currently have the benefit of utility services. Lessee agrees to use the Space solely for the parking or storage of the vehicle(s), trailer(s), boat(s) or other property described on Schedule A (the “Vehicle(s)”) hereto and for no other purposes and uses whatsoever, including no other substitute or replacement without the prior written consent of Lessor. The Vehicle(s) must comply with all applicable laws, rules, orders and regulations. Lessor reserves the right to inspect the Vehicle(s) for such compliance.
2. Rules and Regulations. Lessee’s use and occupancy of the Space is subject to the following rules, which may be further amended and supplemented at any time by Lessor:
   1. No Commercial Use. No commercial or business use of the Space is permitted.
   2. Neglect. Lessee shall not cause or permit any waste, misuse or neglect with respect to the Space and/or surrounding areas, including the Property.
   3. Safety and Compliance with Laws. The Space shall be used and occupied in a safe, careful and proper manner. All Vehicle(s) must be parked and secured so as to avoid risk of damage to the Property and other vehicles or property on the Property. Lessee, including his, her, or their guests using the Space, shall abide by and comply with all present and future ordinances, regulations and laws of all governmental and quasi-governmental entities, whether federal, state or local, having jurisdiction with respect to the Space. Lessee shall neither permit nor commit any illegal or unlawful practice or act in or upon the Space or Property. Lessee shall be responsible to comply with all requirements and for payment of all fees, fines, penalties, expenses and other costs that may be imposed by any governmental and/or quasi-governmental entities, whether federal, state or local, having jurisdiction with respect to the use and occupancy of the Space. Lessee shall not discharge or otherwise dispose of sewage, trash, fuel, oil, or any other contaminant in or on the Property.
   4. No Residence. No persons shall be permitted to use any Space for a place of residence or dwelling, whether permanent or temporary.
   5. Prohibited Contents. Lessee may not store prohibited contents as described in the Agreement, including (without limitation) firearms; animals; controlled drugs; perishables; hazardous, toxic, radioactive, explosive, incendiary or highly flammable or combustible materials, excluding only fuel and petroleum products used in the operation of the Vehicle(s) and contained within the Vehicle(s)’s engine, tank or receptacle. Lessee stores all property in the Vehicle(s) at its own risk. Lessor shall have no liability whatsoever for the loss or damage to any prohibited items. Lessor may revise restricted contents at any time.
3. “As-Is” Condition. LESSEE ACKNOWLEDGES THAT LESSOR LEASES THE SPACE IN AN “AS IS, WHERE IS” CONDITION WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE SPACE OR THE PROPERTY. LESSEE ACKNOWLEDGES THAT IT HAS BEEN AFFORDED A REASONABLE OPPORTUNITY TO INSPECT THE SPACE AND THE PROPERTY, AND IT IS FAMILIAR WITH THE SITE, DIMENSIONS AND PHYSICAL CONDITION OF SAME. LESSOR SHALL NOT BE REQUIRED TO MAKE ANY IMPROVEMENT OR ALTERATION TO THE SPACE OR PROPERTY.
4. Term. The term of this Agreement shall be month to month beginning on the Effective Date (the “Term”). The Term of this Agreement shall continue for successive one (1) month periods unless either Lessor or Lessee provides at least thirty (30) days’ advance written notice of its desire not to renew the Term.
5. Rent. Lessee shall pay Rent to Lessor, in advance, in currency of the United States of America, without deduction or offset of any kind, an amount equal to the monthly rental set forth on Schedule A on or before the first day of each month of the Term automatically via drafted ACH payments to Landlord. Lessee shall not have any right of occupancy or possession of the Space until such time as Rent is paid. Any amount not paid when due shall bear interest at the lesser of (a) fifteen percent (15%) per annum or (b) the maximum rate permitted by applicable law and shall incur a late charge equal to ten percent (10%) of the overdue amount. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder, including the assessment of interest as permitted herein.
6. Insurance. Lessee represents and warrants that the Declaration or Certificate of Insurance attached to this Agreement is currently in full force and shall continue in force throughout the term of this Agreement. Lessee shall maintain liability insurance in the amount of $100,000.00. The Policy shall name Lessor as an additional insured and contain a waiver of subrogation in favor of Lessor, including its agents, successors and assigns. Lessee’s liability coverage shall be primary and non-contributory to any coverage held by Lessor. Lessee shall evidence the Policy to Lessor prior to the use, occupancy and possession of the Space and shall provide evidence of the Policy at any time upon Lessor’s request.
7. Subletting and Assignment. This Agreement is personal. Lessee shall not sublet or assign, in whole or in part, its rights under this Agreement. Any purported assignment, sublet or other transfer by Lessee shall be a default of this Agreement and will be considered null and void by Lessor. Lessor is expressly permitted to assign and convey its rights hereunder.
8. Maintenance. (a) Lessor shall maintain the Space as may be determined at Lessor’s sole discretion. (b) Lessee shall keep and maintain the Vehicle(s) and all personal property of Lessee in a good state of maintenance and repair and in a sightly, healthy, safe and clean condition so as to comply with all applicable ordinances, regulations and laws and the rules and regulations of the Property, as adopted from time-to-time by Lessor, with or without notice to Lessee.
9. Damages. Lessee shall be strictly liable for any and all damages to the Space, the Property and any other vehicles or other property within the Property caused by Lessee, Lessee’s Vehicle(s), Lessee’s employees, family, agents, guests, contractors or representatives, or in any way relating to the Space, the Vehicle(s) and/or the use thereof.
10. Right of Entry. Lessor, its agents, contractors, and employees may at any time, without the consent of Lessee, enter in and upon the Space for the purposes of examining and inspecting the same and making such repairs to the Property which it may deem necessary. Lessor shall not enter the Vehicle(s) without reasonable advance notice to Lessee, unless in the event of an emergency or for the reasons permitted under this Agreement.
11. Default. In the event that Lessee defaults, Lessor shall have the right to undertake remedies including termination, entry and removal of Vehicle(s), and re-lease of the Space, in addition to any other remedy permitted in law or equity.
12. Indemnification and Hold Harmless. Lessee shall indemnify, defend and hold harmless Lessor from and against any and all claims, suits, actions, damages, causes of action, expenses, costs, orders, administrative rulings, judgments, releases of hazardous substances, and for any personal injury, loss of life or damage to property sustained in or about the Space or Property that arise in connection with the use or non-use of the Vehicle(s), Space and/or Property.
13. Security and Weather. Lessor shall not be responsible or required to furnish security services. Lessee is responsible for security required for its Vehicle(s) and belongings. Lessee understands Lessor does not guarantee personal security and shall not be liable for actions of third persons. Vehicle(s) are stored at Lessee’s sole risk.
14. Assumption of Risk. Lessee acknowledges risks associated with operating Vehicle(s) around other vehicles, persons and the Property and assumes all risk.
15. Limitation of Liability. To the maximum extent permitted by law, Lessor’s aggregate liability under or in connection with this Agreement shall not exceed one month’s rent, and Lessor shall not be liable for indirect, special, consequential, punitive or incidental damages.
16. No Waivers, Cumulative Remedies. A party’s failure to insist upon strict performance is not a waiver. Remedies are cumulative and nonexclusive.
17. Severability. If any portion of this Agreement is held unenforceable, the remaining portions remain in full force and effect.
18. Counterparts. This Agreement may be executed in counterparts. Electronic delivery is deemed to have the same legal effect as delivery of an original.
19. Captions. Captions are for convenience only and do not affect interpretation.
20. Application of Law and Venue. This Agreement shall be construed and enforced in accordance with Georgia law. Venue lies in the county in Georgia in which the Property lies.
21. Entire Agreement. This Agreement, including all attachments, represents the complete understanding of the parties and supersedes all prior negotiations and agreements.

IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement as of the date and year set forth below their respective signatures.