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HomeMy WebLinkAbout2019-850-E AMS - Hillsborough Self Storage Link Relocate StorageRevised 12/18 1 [Departmental Use Only] TITLE Link Relocate-Storage FY 2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of November, 2019, (“Effective Date”) by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Hillsborough Self Storage (the "Provider"), party of the second part; W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: storage for Link relocation of the following: Public Defender from 10/27/2019 through 06/26/2020 and BOCC from 11/21/2019 through 06/20/2020, as described in provided Rental Agreement. The term of this agreement rendered shall be from October 27, 2019 to June 26, 2020. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1.Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed two thousand one hundred seventy five dollars, ($2,175). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2.Non–waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3.Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4.Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may DocuSign Envelope ID: 5A4E8565-A097-44D6-84D3-56FC2C787A9F Revised 12/18 2 be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5.Indemnity: The Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. 6.Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7.Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8.Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9.Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. DocuSign Envelope ID: 5A4E8565-A097-44D6-84D3-56FC2C787A9F Revised 12/18 3 10.Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Hillsborough Self Storage Annex P.O. Box 8181 346A Elizabeth Brady Road Hillsborough, NC 27278 Hillsborough, NC 27278 DocuSign Envelope ID: 5A4E8565-A097-44D6-84D3-56FC2C787A9F  DocuSign Envelope ID:5A4E8565-A097-44D6-84D3-56FC2C787A9F 1. North Carolina Self Storage Rental Agreement Billsborough Self Storage Annex(Elizabeth Brady Rd.) 346 ELIZABETH BRADY RD SELF STORAGE RENTAL AGREEMENT Customer Name:ALAN DORMAN Address:300 West Tryon St Hillsborough,NC 27278 Home Phone:(919)619-8859 Work Phone:(919)619-8859 Driver's License#:20492415 E-Mail:ADORMAN@ORANGECOUNTYNC.GOV HELP US NEVER LOSE CONTACT WITH YOU IN CASE OF FIRE,FLOOD,BURGLARY OR BREAK-IN Emergency Alternate Contact(Must be completed.Designate a person residing at a permanent address other than your own.) Alternate Contact Name Address Phone# Jonathon Alexander Jonathan Alexander ONLY THE CUSTOMER AND AUTHORIZED ACCESS PERSONS WILL BE ALLOWED TO THE ROOM UNDER THIS AGREEMENT.Hillsborough Self Storage Annex(Elizabeth Brady Rd.)MUST BE NOTIFIED IN WRITING OR VIA THE PREMIER CUSTOMER CLUB OF ANY CHANGES OF AUTHORIZED PERSONS,ADDRESS,TELEPHONE,OR LOST OR STOLEN CARDS. Jonathan Alexander Credit Card/RECURRING ACH Payment Plan - I have authorized Hillsborough Self Storage Annex(Elizabeth Brady Rd.)to automatically debit my bank account or charge my credit card as applicable and requested every month for all charges associated with my storage room(Cardholder agrees to notify Hillsborough Self Storage Annex(Elizabeth Brady Rd.)of any changes to the banking or credit card information(account number and expiration date). THIS RENTAL AGREEMENT,(hereinafter referred to as the"Agreement'),is made and entered into as ofthe above set forth date(the 'Rental Agreement Date'),by and between,HILLSBOROUGH SELF STORAGE_,(hereinafter referred to as the'Lessor')and the Occupant identified above,(hereinafter referred to as the"Occupant')whose last known address is set for the above.For the consideration provided for in this Agreement the Occupant agrees to rent fromthe Lessor,and the Lessor agrees to let the Occupant use and occupy the storage space listed above(hereinafter referred to as the"Space')in the self service storage facility located in ORANGE County,North Carolina.(hereinafter referred to as the'Property').'Space"as used in this Agreement means that part of the self-service storage facility descnbed above. Such Space shall be occupied only for the purposes specified in this Agreement and at all times shall be subject to the terms and conditions hereof Such right of occupancy shall commence on the Rental Agreement date listed above and shall carrtirm month to month. 1.RENT:The Occupant agrees to pay the Lessor,for the use of the space,the monthly sum listed above as the Monthly Rate. Occupant acknowledges that such stated Mont*Rate may be increased by Lessor,at any time and by any amount,upon written notice to Occupant of such increase.Mond*instalments are payable in advance at the office of the self-storage facility on or before the anniversary date of each month and a like armutt for each month thereafter,until the termination of this Agreement.Payment is not deemed to have been made urrtrl receipt is confirmed by Lessor.If any montl*installmert is not paid within five days after its due date,or if any payment is dishonored, Occupant shall be deemed to be in default.Additionally,Occupant may,in Lessor's discretion,be deemed to be in default if Occupant fails to timely perform or observe any terms or conditions of this Rental Agreement. Upon default Lessor may,without notice,deny the Occupant access to the property located in the self-storage facility.Occupads property will be sold at public auction if Occupant fails to pay all sum due to Lessor to cure its default.Occupant agrees and understands that partial payments nude to cure a default for non- payment of remit will not delay or stop the Lessor's enforcement of lien and sale of Occupads property.Partial payments do not waive or avoid the legal effect ofprior notices given to Occupant.Only full payment on Occupads account,including all expenses incurred by Lessor in enforcing Lessor's rights prior to the date and time of the auction will stop the scheduled sale of the property. Subject to the tens hereof; and at Lessor's option,rental payments and other charges can be made by cash,personal check,traveler's checks,money order and credit card.In the case ofpayment by personal check,payment shall not be deemed received until 5 business days after the date such personal check is presented.NO INVOICES will be provided by Lessor.Occupant's obligations are not contingent on receiving invoices.Any invoice-,fmm T eccor are cent ac 2 anrtecv only DocuSign Envelope ID:5A4E8565-A097-44D6-84D3-56FC2C787A9F NOTICE TO OCCUPANT.This agreement contains terms and conditions on the back of each page of this document.Do not sign this document until you have read all sides and fully understand the covenants contained herein.Keep a copy of this agreement to protect your legal rights.Occupant hereby acknowledges by signing this agreement that lie/she has read,understood and accepts all terms and conditions expressed in this agreement. 2.DEPOSIT AND FEES:Occupant agrees to pay the sum of$_0 as a deposit to be held by the Lessor and to be used,if necessary,for the repair of any damage done to the space,to clean up the space at the terrnination of the Agreement including disposal charges and landfill fees.Further,Lessor may offset any additional charges,rents or amounts owed to Lessor fromthe deposit and if such deposit is insuflicient to pay or reimburse Lessor for any and all such charges and o$sets,Occupant shall remain liable for any balance owed. In the event that the space is left in a good state of repair and in a broom-swept condition,and no additional charges are owed to Lessor,then the deposit,or any unused portion,as the case may be,shall be refinded to the Occupant. Occupant waives the obligation of Lessor to maintain such deposit in a separate account and specifically authorizes that Lessor may use such deposit during the term hereof; without in any way releasing the obligation of Lessor to either credit such deposited amount as set forth herein,or to return such deposited amount upon Occupant vacating the space.In the event of a dishonored bank check from Occupant to Lessor,Occupant agrees to pay Lessor a$25.00 bad check fee as liquidated damages to defray administrative expenses incurred by Lessor. DAYS LATE FREQUENCY FEE 8 DAYS ONE TIME $15.00 36 DAYS ONE TIME $15.00 51 DAYS ONE TIME $20.00 3.USE AND COMPLIANCE WITH LAW:The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant.The Occupant agrees not to store any explosives,or any flammable,odorous,perishable, noxious,corrosive,and hazardous or pollutant materials or any other goods in the space,which would cause danger or nuisance to the space,adjoining units or to the facility.The Occupant agrees that neither the space,nor any part ofthe facility,will be used for any purposes unlaw]U or contrary to any ordinance,regulation,fire code or health code. Occupant shall maintain its unit in a good,clean condition and agrees not to commit waste,nor to create a nuisance or condition that would be disruptive or disturbing to other Occupants or Lessor. Occupant shall not alter or affix signs on the space,and will keep the space in good condition during the term ofthe Agreement.The Occupant agrees not to store jewels,furs,antiques,heirlooms,art works,collectibles or other irreplaceable items having special or emotional value to the Occupant The Occupant hereby waives any claim for sentimental value for the Occupant's emotional attachment to any property that is stored in the Space or on the Property. Lessor strictly prohibits the use ofthe space for habitation by htummns or pets of any kind for any period whatsoever and violation ofthese prohibitions shall be grounds for immediate TERMINATION ofthe Agreement. OCCUPANT AGREES THAT PAYMENTS RECEIVED AFTER THE 8TH DAY OF THE ANNIVERSARY DATE ARE SUBJECT TO A LATE FEE OF$15.00.Any account thirty(30)or more days delinquent will be assessed an amount set forth above as a LIEN FEE along with all collection,auction preparation,advertising and other charges incurred by Lessor in connection with the sale or proposed sale to dispose of the Unit's contents,which sale shall conform to the requirements ofNorth Carolina law. 4. LIMITATION OF VALUE:Occupant agrees that in no event shall the total value of all property stored be deemed to exceed $2,500.00 unless Lessor has given permission in writing for Occupant to store property exceeding$2,500.00 in value. Lessor may require,among other things,that Occupant provide proof of insurance in such amount to cover the value of the stored property. OCCUPANT AGREES THAT THE MAXIMUM VALUE FOR ANY CLAIM OR SUIT BY OCCUPANT,INCLUDING BUT NOT LIMITED TO ANY SUIT WHICH ALLEGES WRONGFUL OR IMPROPER FORECLOSURE OR SALE OF THE CONTENTS OF A SELF STORAGE UNIT IS$2,500.00 Nothing in this section shall be deemed to create any liability on the part of Lessor to Occupant for any loss or damage to Occupant's property,regardless of cause. 5.NONLIABILITY AND OCCUPANT'S RISK OF LOSS:No bailment is created by this Agreement.Lessor is not a warehouseman engaged in the business of storing goods for hire.The exclusive care,custody and control of any and all personal property stored in the leased space shall remain vested in the Occupant,and all property stored within or on the space by Occupant or located at the facility by anyone shall be stored at Occupant's sole risk. Lessor is not a bailee and has no safekeeping duties for Occupants property at any time under any circumstances.hi this Agreement,'Occupant's property"and"contents"mean all contents that have been stored in the space or brought onto the property by Occupant or others.Lessor and Lessor's agents and employees shall not be liable for any loss of or damage to any personal property while at the rented premises arising from any cause,except the gross negligence or willfid misconduct of Lessor, including but not limited to BURGLARY,MYSTERIOUS DISAPPEARANCE,FIRE,SMOKE,DUST,WATER,MOLD,MILDEW, WEATHER,,INSECTS,RODINTS,VERMIN,EXPLOSION,UTILITY INTERRUPTION,EQUIPMENT MALFUNCTION,Acts of God,the active or passive acts or omissions or negligence of the Lessor. 6.INSURANCE: Occupant acknowledges and agrees that Lessor does not provide and shall not provide any insurance against any injury or damage to Occupant,Occupants guests,invitees,agents,representatives and employees,nor any of the contents of Occupant's unit regardless of Lessorsbip ofthe contents. If Occupant deems it necessary,Occupant,at Occupant's expense,shall secure its own insurance DocuSign Envelope ID:5A4E8565-A097-44D6-84D3-56FC2C787A9F Agreement. Occupant's failure to carry insurance is a breach of this Agreement and Occupant assumes all risk of loss to stored property that would be covered by such insurance.Insurance carried by the Lessor shall be for the sole benefit of the Lessor and Occupant shall make no claim whatsoever against Lessor's insurance.Occupant agrees not to subrogate against or allow Occupant's insurance company to subrogate against Lessor in the event of loss or damage of any kind or from any cause. INSURANCE REQUIREMENT Protecting your property in storage is your responsibility. I understand that Hillsborough Self Storage does not insure my goods and is not responsible for damage or loss to my stored property.I confirm that Hillsborough Self Storage has recorrnnended that I provide proof of insurance coverage or irmrdiately obtain coverage for my stored property.I am completely responsible for any loss or damage to my property including but not kited to:mold,vermin,water damage,dire/smoke,tomado/lnuricane,earthquake,lightningf bail,and burglary.I understand that the storage fachyy is not responsible for loss or damage to my stores goods and agree to hold this storage facility harmless.I understand that if I have a homeowners or renter's insurance policy it may exclude coverage for my goods stored away from my primary residence or provide only limnited coverage for these items. 7.INDEMNIFICATION OF LESSOR Occupant will indemnify and hold the Lessor handess from and against any and all mariner of clams for damages or lost property or personal injury and costs,including attorneys fees,arising from Occupant's lease ofthe space in the facility and from any activity or work done in the space,or item stored in the space.regardless of whether such loss or damage is caused by neg*nce of third parties or acts of God.In the event of emergency or impending peel or if the space is damaged or destroyed by fire or other casualty,Lessor shall have the right to remove the contents of the space and store it at the Occupant's sole cost and expenses without liability for any loss or damage whatsoever,and Occupant shall forthwith be notified of such action by Lessor. Occupant shall indemnify and hold Lessor harmless from and against any loss,cost,or expense of Lessor in connection with such removal and storage.Should any of Lessor's employees perform any services for Occupant at Occupants request,such employee shall be deemed to be the agent ofthe Occupant regardless of whether payment for such services is made or not,and Occupant agrees to indemnify and hold Lessor harnless from any liability in connection with or arising from directly or indirectly such services perfomied by employees ofL.essor. Notwithstanding that Lessor shall not be liable for such occurrence,Occupant agrees to notify Lessor immediately upon the occurrence of any injury,damage,or loss suffered by Occupant or other person in any of such circumstances. 8.PERSONAL INJURY:Lessor and Lessor's agents and employees shall not be liable whatsoever to any extent to Occupant or Occupants invitees,fatly,employees,agents or servants for any personal injury,death,or property damage or loss arising from Occupants use of the storage space or promises from any cause whatsoever inckrdmg,but not limited to,the active or passive acts or omissions or negligence ofthe Lessor,Lessor's agents,or employees. 9.LESSOR'S LIEN:ALL,ARTICLES STORIED UNDER THE TERMS OF THIS RENTAL AGREEMENT MAY BE SOLD TO SATISFY THE LESSOR'S LIEN IF OCCUPANT IS IN DEFAULT AS PROVIDED IN SECTION 44A 40 THROUGH 44A 46, NORTH CAROLINA REVISED STATUTES. I. Lessor shall have a hen on all personal property stored in occupant's space,whether or not owned by occupant,or on the proceeds of said personal property in Lessor's possession. The lien attaches as of the date such personal property is brought to the self-storage facky and is superior to any other lien or security interest,except those that are protected and recorded prior to the date of this agreement. If occupant fails to pay rent or any part thereof or fails to fialfill any ofthe covenants or agreements herein specified to be firlfilled by occupant,occupant will be considered in default. 2. On the fifteen(15th)day of continuous defaul,or thereafter,Lessor may enforce its hen on the personal property stored in the space pursuant to Chapter 44A 40,et.seq.of the North Carolina Statutes for:rent,late charges,labor,damages,cleaning fees; charges for checks returned to Lessor,postage amounts for marl providing notification of late charges and auctions,expenses necessary for the preservation ofthe personal property stored on the leased premises,and the expenses incurred in the sale or other disposition of said personal property pursuant to law. Lessor will cut the locks on occupant's space and may remove any and all personal property located within said space for the purpose of selling sane. Lessor will first attempt to sell any or all said personal property at public sale. If not sold at public sale,any or all items of said personal property will then be otherwise disposed of and/or destroyed by Lessor. 10.00CUPANT'S LIABILITY:In the event of a foreclosure sale,it is understood and agreed that the liability of Occupant for the rents, charges,costs and expenses provided for in this rental agreement shall not be relinquished,diminished or extinguished prior to payment in full. It is fiarther agreed that Occupant shall be personally liable for all rents,charges,costs and expenses,including those incurred in lien sale and/or disposition ofthe Occupant's property as provided for above.Lessor may use a collection agency thereafter to secure any remaining balance owed by Occupant after the application of sale proceeds if any.If any property remains unsold after foreclosure and sale,lessor may dispose of said property in any manner consistent with North Carolina Law and considered appropriate by Lessor. Occupant hereby waives and renounces its right to the benefit of any constitutional or statutory exemptions as to its property in the space. 11.CONDITION AND ALTERATION OF PREMISES:Occupant assumes responsibility for having examined the premises and hereby accepts it as being in good order and condition and agrees to pay Lessor promptly for any repairs to the space resulting fromnegligence or misuse by the Occupant,Occupant's invitees,licensees and guests.Occupant may not modify,alter,paint,deface,or put holes in the walls, DocuSign Envelope ID:5A4E8565-A097-44D6-84D3-56FC2C787A9F approximate and enters into this Agreenrgnt without reliance on the estimated size of the storage space. Should Occupant damage or depreciate the space,or make alterations or improvements without the prior consent of the Lessor,or require the Lessor to incur costs to clean the Space upon termination,then all costs necessary to restore the space to its prior condition shall be home by Occupant.Lessor has the right to declare any such costs to repair as`Yent''and non-payment of said costs will entitle Lessor to deny Occupant access to the Space. 12.TERMINATION:This Agreement shall continue from month to month unless Occupant or Lessor delivers to the other party a written notice of its intentions to ternate the agreement five(5)days prior to the end of the then current rental month Upon termination of this Agreement,Occupant shall remove all personal property from the space and shall deliver possession of the space to the Lessor prior to the due date of the succeeding month's rent unless such property is subject to Lessor's lien rights as referenced in this Rental Agreement.Lessor may dispose of any property left in the Space or in the Facility by Occupant after Occupant has tervnated his or her tenancy.Occupant shall be responsible for paying all costs incurred by Lessor in disposing of such property,including but not limited to a mirrinzun$50.00 CLEANING FEE as set forth above. 13.ATTORNEYS FEES In the event the Lessor retains the services of an attorney to recover any sums due under this Rental Agreement for any un laNAN detainer,for the breach of any covenant or conditions hereof,or in defense of any demand claim or action brought by the Occupant,the Occupant agrees to pay to the Lessor the reasonable costs,expenses, and attorney's fees incurred in any such action. 14.ABANDONMENT:This Agreement shall automatically terminate if Occupant abandons the space(s).Occupant shall have abandoned the space if Occupant has removed Occupant's locking device from the space and IS NOT current in all obligations hereunder.Rent paid for month in which Occupant roves out early shall not be refiWed.Abandonment shall allow the Lessor to remove all contents ofthe Space for disposal Occupant hereby waives and releases any claims or actions against Lessor for disposal ofpersonal property resulting from Occupant's abandonment. 15.LESSOR'S RIGHT TO INTER:Lessor may cut the lock and enter the space for the purposes ofinspection without prior notice to Occupant whenever Lessor believes that any hazardous coition or nuisance has been created,or is occurring in the space,or in any situation constituting an emergency,or for repairs to the interior or door,or inspections by govern rental authorities.In the event any inspection discloses any stored property or any condition in violation of any provision of this agreement,then Lessor may immediately remove and dispose of such property,and take action to remedy such condition,without notice to Occupant,and at Occupant's expense. 16.ASSIGNMENT AND SUBLETTING:Occupant shall not assign this Agreement or sublet the whole or any portion of the space rented bereunder. 17.WAIVER/ENFORCEABR TTY:In the event any part of this Agreement shall be held invalid or unenforceable the remaining part of this Rental Agreement shall be m full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by Lessor of any provisions hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by Occupant of the same or any other provision. 18. SUCCESSION:This Agreement is binding upon the parties,their heirs,successors and assigns. 19.GOVERNING LAW:This Agreement and any actions between the parties shall be governed by North Carolina law. 20.WAIVER OF JURY TRIAL:Lessor and Occupant waive their respective rights to trial by jury of any cause of action,claim counterclaim,or cross complaint brought by either Lessor against Occupant,or Occupant against Lessor on any matter arising out of or in any way connected with this Rental Agreement,Occupant's use or occupancy of the storage space,or any claim of bodily injury or property damage or the enforcer nit of any remedy under any law,statute,or regulation. 21.LIMITED WARRANTY:This Agreement contains the entire Agreement of the parties and no representation or agreements,oral or otherwise,between the parties not embodied herein shall be of any force or effect.The agents and employees of Lessor are not authorized to make warranties about the space,premises,and facility referred to in this Agreement.Lessor's agents and employees'ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES,and shall not be relied upon by the Occupant nor shall any of said statements be considered a part of the Agreement.The entire Agreement and understanding of the parties hereto is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this Agreement.The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES and all other warranties,express or implied,ARE EXCLUDED AND DISCLAIMED from this transaction and shall not apply to the leased space,premises,and facility referred to herein.It is further understood and agreed that Occupant accepts such leased space,premises,and facility AS IS and WITH ALL FAULTS. 22.RULES AND REGULATIONS:Occupant agrees to be bound by the Rules and Regulations as posted by the Lessor from time to time at the Office of the facility,or such other place in the facility where such notices are normally posted and/or included in the welcome letter.All Rules and regulations shall be deemed to be part of this agreement and incorporated herein. 23.Notices from Lessor: All notices from Lessor shall be sent by first class marl postage prepaid to Occupant's last known address or to the electronic mail address provided by the Occupant in this Rental Agreement. Notices shall be deemed given when deposited with the U. S.Postal Service or when sent by electronic mall. All statutory notices shall be sent as required by law. 24.Notices from Occupant Occupant represents and warrants that the information Occupant has supplied in this Rental Agreement is true, DocuSign Envelope ID:5A4E8565-A097-44D6-84D3-56FC2C787A9F notice to Lessor of airy change in Occupant's address,any change in the liens and secured interest on Occupant's property in the Space and any removal or addition ofproperty to or out ofthe Space within ten(10)days ofthe change.Occupant understands he mast personally deliver such notice to Lessor or mail the notice by certified rnai,return receipt requested,with postage prepaid to Lessor at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Lessor. 25.CHANGES:The temr of this Agreement such as monthly rental rate,conditions of occupancy and other charges,are subject to change upon thirty(30)days prior written notice,by first class mail sent to the Occupant at Occupants address provided herein.Ifchanged,the Occupant may teniiiraate this Agreen rent on the effective date ofthe change by giving Lessor ten(10)days prior written notice to temrinate after receiving notice of the change.If the Occupant does not give such notice,either in person or by first class mail the change shall become effective and apply to his occupancy. 26.00CUPANTS LOCK:Space shall be irm-rdiately locked by Occupant upon execution ofthe agreement.Only one lock shall be pemnitted.Occupant shall not provide Lessor or Lessor's agents with a key and/or combination to Occupants lock unless deliveries are to be accepted by Lessor on Occupant's behalf and signed waiver of indern ification to lessor is provided.In the event Occupant fails to keep such a lock on the Space or Occupant's lock is broken or damaged,Lessor shall have the right,but not the obligation,to place its lock on the Space provided however;that in such event Lessor,shall have no liability to Occupant for any loss or damage whatsoever,and Occupant shall indemnify and hold Lessor harmless from and against any loss,cost or expense of Lessor in connection with locking the Space,including the cost of the lock.If occupant damages lock and/or keys(ie.key breaks off into lock)lessor is not responsible for fixing or removing lock.Occupant is responsible for all cost of locksmith in removing lock from unit. 27.ACCESS:In Lessor's sole discretion,Occupant's access to the premises may be conditioned in any manner deened reasonably necessary by Lessor. Such measures may include,but are not f hiked to,linking hours of operation,requiring verification of Occupant's identity,and requiring Occupant to sign in and out upon entering and leaving the premises.Access will be lirited to those Occupants and authorized users listed on this rental agreement unless the user has an access code and key to the unit which shall be considered valid evidence that the possessor is duly authorized to enter and remove contents from any Unit provided under this agreement. 28.LAW ENFORCEMENT DIRECTIVES Occupant hereby authorizes Lessor to release any infommtion regarding Occupant and Occupant's occupancy as may be required by law or requested by govemrrental authorities or agencies,law enforcement agencies or courts.Upon presentation of a search warrant by a health or law officer,Lessor may open the space or allow such officer to open the space for inspection by such officer;and such officer may lock the space(if the space is lockable).Lessor may also lock the space(if the space is lockable)but is not required to do so. 29.FINANCIAL INFORMATION: Lessor does not warrant or guarantee that any financial information(credit card,checking account) will not be stolen or otherwise compromised.Occupant waives and releases any and all claims or actions against Lessor for damages arising from the use of said information by others. 30.CLIMATE CONTROL: Climate controlled spaces are heated and cooled depending on outside temperature.These spaces do not provide constant internal temperature or hurrri*control.Lessor does not warrant or guarantee temperature or humidity ranges in the space due to changes in outside temperature and lnnrK*If your unit is climate-controlled, the term "climate-controlled"for the purposes of this lease means that the facility will use reasonable efforts to avoid temperature extremes in a unit by keeping the unit warmer than the outside temperature in cold weather, and cooler than the outside temperature in hot weather, through an HVAC or other system.As with any mechanical system, it is subject to failure or malfunction. The facility makes no representations regarding humidity control or safety of contents stored in the unit. 31.PERMISSION TO CALL,FAX,E-MAIL OR TEXT: Occupant recognizes Lessor and Occupant are entering to a business relationship as Lessor and Occupant. As such,to the extent any Federal or State law probnbits Lessor from contacting Occupant by phone, fax,e-mail or text,Occupant hereby consents to Lessor phoning Faxing,e-maiing and texting Occupant with marketing and/or other business related con in nicationns. MONTHIYPEST CONTROL K86 NOTICE OF PEST CONTROL TREATMENT Clegg's Ternite&Pest Control Date(s)of planned Treatment 1st vwek of EVERYmonth Areas Treated- •Entire property(interior&exterior) •Every vacant writ •Locked Units by Customer-(only base of rollup door,not inside) DocuSign Envelope ID:5A4E8565-A097-44D6-84D3-56FC2C787A9F CONTRACT DETAIL: RoomNumber:K86 Room Size: I Ox20x8 Monthly Due Date:28th Rent due Monthly:$145.00 X Customer Signature: Date:10/28/2019 DocuSign Envelope ID:5A4E8565-A097-44D6-84D3-56FC2C787A9F Customer Receipt No. 1031923-100286-202358 Monday- 10/28/2019- 11:17.49 AM ORANGE COUNTY HILLSBOROUGH SELF STORAGE ANNEX ALAN DORMAN (ELIZABETH BRADY RD.), 1031923 300 WEST TRYON ST 346A ELIZABETH BRADY RD. HILLSBOROUGIL NC 27278 HILLSBOROUGH,NC 27278 (919)619-8859 (919)644-6776 --------------------------------------------------------------------------------------------------------------------------------------------- ROOM DESCRIPTION THRU PAID AMOUNT K86 (1)- 1OX20X8 INTERIOR LOWER LEVEL STREET LEVEL CLIMATE ROLL-UP 11/27/2019 [X] $145.00 Sub Total• $145.00 Talc: $0.00 Charge Total: $145.00 ************2406 Visa Card $145.00 090362 Payment Total: $145.00 Change Due: $0.00 Account Balance: 50.00 -------------------------------------------------------------------------------------------------------------- X X Customer's Signature Employee's Signature(Mark Smith-Main) 11/13/2019 Lester Insurance, LLC 165 W. Main St. PO Box 968 Wytheville VA 24382 Amanda Caudill (276) 663-1568 (540) 491-0968 acaudill@lestergrp.com Select Concrete Construction LLC 346 Elizabeth Brady Rd Hillsborough NC 27278 Cincinnati Insurance Company CL196710149 A EPP 0390441 06/10/2019 06/10/2020 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A EPP 0390441 06/10/2019 06/10/2020 1,000,000 Underinsured motorist BI split limit 1,000,000 A EPP 0390441 06/10/2019 06/10/2020 5,000,000 5,000,000 A N EWC0390335 06/10/2019 06/10/2020 1,000,000 1,000,000 1,000,000 Orange County PO Box 8181 Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 5A4E8565-A097-44D6-84D3-56FC2C787A9F