|This Agreement is made and entered into on the ________ day of ____________, 20__, at Los Angeles, California, by and between_____________________________________ ("Owner") whose address is _________________________________________________and whose telephone number is _______, and Howard Sommers Towing, Inc., a California corporation ("HST"), located at 7891 Deering Avenue, Canoga Park, California 91303.
- CONSIDERATION AND TERM OF STORAGE. HST agrees to take possession of and store, in its storage facility located at 7891 Deering Avenue, Canoga Park, California, that ceratin motor vehicle described as ___________________________________________, Vehicle I. D. Number________________, Vehicle License Number ______________ ( the Vehicle, on a month-to- month basis on the payment of $_____________ per month, plus applicable taxes, including City of Los Angeles 10% Parking Occupancy Tax levied pursuant to Los Angeles City Ordinance Number 165949, payable in advance on the first day of each calendar month, until Owner notifies HST, in writing, of Owner's intent to terminate this Agreement and the storage of the Vehicle by HST. Owner agrees to give HST a minimum of ____________ days notice before terminating the storage of the Vehicle by HST. Any sums due for the storage of the Vehicle which are not received by HST on or before five days when due shall subject the Vehicle to lien sale proceedings pursuant to California Civil Code Sections 3067 through 3075, inclusive. Such lien sale proceedings shall include, but not be limited to, lien sale processing charges not to exceed the maximum amount allowed by law, but in no event less than $35.00 upon commencement of lien sale proceedings and rising to a maximum of $100.00 at the time lien sale documents are deposited in the U. S. Mail. A one-time document fee of $25.00, plus the payment of the first and last month=s storage fees, for a total of $_________, shall be due upon the execution of this Agreement by all parties hereto.
- OWNER'S DECLARED VALUE OF VEHICLE. Owner hereby declares, warrants and represents that to the best of Owner's knowledge and belief, the fair market value of the Vehicle, as of the date of this Agreement, is $_____________.
- LIMITATION OF LIABILITY. HST assumes no liability for loss, damage, or destruction, of any kind to the Vehicle, whether due to collision, fire, theft, or otherwise, except any damage directly attributable to the negligence of HST. If the Vehicle is lost, destroyed or damaged during the term of this Agreement and while in storage with HST, and the fault or negligence of HST is established with respect to such loss, destruction or damage, HST's liability is limited to the lesser of the fair retail used-car value of the Vehicle as of the date of this Agreement or the value of the Vehicle as declared in Paragraph 2 above. HST assumes no liability for damage due to faulty mechanical condition of the Vehicle or any negligence attributable to the Owner, or for loss of any articles left in the Vehicle, or for loss of use of the Vehicle.
- INSURANCE. Owner agrees to insure the Vehicle, at Owner's expense, at the value of the Vehicle declared in Paragraph 2 above, by securing and maintaining motor vehicle insurance from an insurer licensed and admitted in California, which insurance includes collision and comprehensive coverage, for any loss or damage occasioned by theft, fire, vandalism, acts of god, and collision. Owner shall provide HST with acceptable evidence of such insurance including an original certificate of insurance providing for notice to HST of at least 30 days prior to cancellation or expiration of such insurance. If Owner fails to maintain such insurance for the Vehicle while in storage with HST, HST, may, in its sole discretion, and without any obligation to so do, insure the Vehicle at Owner's expense. Owner shall be responsible to reimburse HST for all such costs of insurance. OWNER ACKNOWLEDGES AND UNDERSTANDS THE VEHICLE ABOVE DESCRIBED IS NOT INSURED OR PROTECTED TO THE AMOUNT OF ITS ACTUAL CASH VALUE, OR IN ANY AMOUNT, AGAINST LOSS FROM THEFT, FIRE, COLLISION, VANDALISM, OR OTHERWISE, WHILE IN THE POSSESSION OF HST. THE OWNER ASSUMES FULL RISK AND RESPONSIBILITY FOR INSURING THE VEHICLE AGAINST ANY SUCH LOSS.
- CONDITION AND USE OF VEHICLE. HST agrees to keep the Vehicle in as food condition as it was in when received and to deliver the Vehicle to Owner at the termination of this Agreement in that condition, normal wear and tear expected. HST will not service or maintain the Vehicle, in any way, including, but without limitation, washing, battery charging or tire inflation,
while in storage with HST. All service, maintenance and repair shall be the sole and exclusive responsibility of the Owner. The purpose of this Agreement is for Vehicle storage only. Owner may not use the HST facility for any other purpose including, without limitation, the storage of anything other that a vehicle, repair or maintenance of the Vehicle, and servicing of the Vehicle.
Owner expressly withholds permission for HST to use the Vehicle during the term of this Agreement, with the exception of the use of the Vehicle for the express purpose of placing the Vehicle in storage or retrieving the Vehicle from storage.
- DELIVERY OF THE VEHICLE. At the termination of this Agreement HST shall hold the Vehicle for a period of five (5) days before the Vehicle shall become subject to the vehicle lien sale proceedings and charges as set forth in Paragraph 1 above.
- LATE CHARGES. A late charge equal to ten percent (10%) of the monthly storage fee shall be imposed if any sums due for the storage of the Vehicle are not received by HST on or before 5 days when due.
- OWNER'S RETRIEVAL OF VEHICLE DURING STORAGE. Owner may retrieve from and return the Vehicle to storage twice monthly without incurring any additional charges. An inventory charge of $15.00 shall be imposed each time the Vehicle is removed from storage in excess of twice monthly. Whenever the Vehicle is removed from or returned to storage it shall be inventoried and Owner shall be required to sign the necessary inventory documents upon each such removal from and return to storage. HST reserves the right to, but shall not be obligated to, photograph or video tape the Vehicle at any time to document the physical condition of the Vehicle. HST shall require presentation of proper picture identification of any person, including Owner, before retrieval of the Vehicle from storage.
- RETRIEVAL OF THE VEHICLE BY PERSONS OTHER THAN OWNER. Except as specifically set forth herein no person other than Owner shall be authorized to retrieve the Vehicle from storage. Owner hereby authorizes the following person(s) to retrieve the Vehicle from storage: .
- HOURS OF OPERATION. The Vehicle may be retrieved from or returned to storage at any time during regular business hours which are between 7:00 am. and 7:00 pm. daily, Monday through Sunday. By prior appointment only, the Vehicle may be retrieved from or returned to storage regular business hours.
- CHANGE OF STORAGE FEES. Any fees relating to the storage of the Vehicle are subject to change upon thirty (30) days written notice mailed to Owner at the above address, provided, however, that such fees shall not be increased during the first six (6) months of this Agreement. Additionally, such storage fees shall not be increased for any period, up to a maximum of six (6) months, in which Owner has pre-paid storage fees .
- PROOF OF OWNERSHIP. Upon execution of this Agreement Owner shall provide to HST satisfactory proof of ownership of the Vehicle. If any person other than the registered owner of the Vehicle is placing it in storage, HST shall be provided with satisfactory proof of written permission from the registered owner that such person is authorized to place the Vehicle in storage. The form of such written permission shall be satisfactory to HST and shall include, but not be limited to, a notarized writing signed by the registered owner along with satisfactory proof of ownership.
- GENERAL. No hazardous or noxious materials may be stored in the Vehicle. This Agreement constitutes the entire agreement among the parties and supersedes all prior agreements or understandings among the parties with respect thereto. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. All notices or other communications which are required or permitted hereunder shall be in writing and sufficient if delivered personally or sent by first class mail, postage prepaid, and addressed to Owner at the address of Owner first above written and to HST at the address of HST first above written or to such other address as the party to whom notice is to be given may have furnished to the other party in writing in accordance herewith. If mailed as aforesaid, any such communication shall be deemed to have been given on the third business day following that on which such communication is posted. This Agreement shall be governed by and construed in accordance with the laws of the State of California. All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement shall not be assignable by any party hereto without the consent of the other parties hereto. No person shall be a third party beneficiary of this Agreement.
BY SIGNING THIS AGREEMENT OWNER ACKNOWLEDGES HAVING READ AND AGREED TO EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT.
HOWARD SOMMERS TOWING, INC. OWNER
Print Name: ____________________________________________________
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