2017-381 AMS - Piedmont Food and Agricultural Processing Center - Storage Unit Rental Agreement

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FEE of One Hundred Dollars ($100) if County is required to remove or clean any debris from either inside or outside the rented premises after Tenant vacates the premises. 11. Risk of Loss. THE COUNTY IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT. THE COUNTY EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER THE TENANT'S STORED PROPERTY. All property stored within or on the premises by Tenant or located at the facility by anyone shall be stored at Tenant's sole risk. Tenant must take whatever steps it deems necessary to safeguard what is at the facility or in or on the premises. Tenant shall assume full responsibility for who has the keys and access to the premises. County and County's employees and agents shall not be liable for any loss of or damage to any personal property while at the rented premises arising from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, vandalism, fire, smoke, water, mold, mildew, hurricanes, rain, tornados, explosions, terrorist acts, rodents, insects, Acts of God, the active or passive acts or omissions or negligence of the County, County's agents or employees. IT IS AGREED BY TENANT THAT THIS RELEASE OF COUNTY'S LIABILITY IS A BARGAINED FOR CONDITION OF THE RENT SET FORTH HEREIN AND THAT WERE COUNTY NOT RELEASED FROM LIABILITY, A MUCH HIGHER RENT WOULD HAVE TO BE AGREED UPON. County does not promise safety or security of persons or property on the premises, and County has no duty of safety or security of same under any circumstances. Video cameras may be non-operational or unmonitored. Access control devices may be unmonitored and may occasionally malfunction. 12. Personal Injury. County and County's agents and employees shall not be liable whatsoever to any extent to Tenant or Tenant's invitees, family, employees, agents or servants for any personal injury or death arising from Tenant's use of or access to the premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the County, County's agents or employees. 13. Indemnification of County. Tenant will indemnify and hold the County harmless from and against any and all manner of claims for damages or lost property or personal injury and costs including attorney's fees arising from Tenant's rental of the premises or from any activity, work or thing done, permitted or suffered by Tenant in or on the premises or about the facility. In the event that the premises is damaged or destroyed by fire or other casualty, County shall have the right to remove the contents of the premises and store it at the Tenant's sole cost and expense without liability for any loss or damage whatsoever, and Tenant shall indemnify and hold County harmless from and against any loss, cost, or expense of County in connection with such removal and storage. Should any of County's employees perform any services for Tenant at Tenant's request, such employee shall be deemed to be the agent of the Tenant regardless of whether payment for such services is made or not, and Tenant agrees to indemnify and hold County harmless from any liability in connection with or arising from directly or indirectly such services performed by employees of County. Notwithstanding that County shall not be liable for such occurrences, Tenant agrees to notify County immediately upon the occurrence of any injury, damage, or loss suffered by Tenant or other person in any of such circumstances. 14. County's Right to Enter. In cases where County considers it necessary to enter the premises for purposes of examining the premises for violation of this agreement or condition in the premises or making repairs or alterations thereto, or to comply with this Page 5 of 10