Vintage Storage, Inc.

APPLICATION

(Print out and Fax or Mail to Phone or Address Below)

Name

Company Name

Residential Address

City/State/Zip

Business Address

City/State/Zip

Telephone

Personal Fax

Telephone

Fax

E-mail Address

E-mail Address

Cell Phone

Occupation

Preferred Payment Choice (circle one)

Cash Check VISA MC AMEX DISCOVER

Credit Card # (if applicable)

Exp. Date

Spouse’s Name

Spouse’s Cell Phone

Other:

 

Locker Preference:

How many cases do you wish to store? ________

What size of locker are you interested in? 24 case 36 case 3 Bay (top level)

Mini Walk-In (8’x 3 1/2’) Walk-In (8’x7’)

Preference of Locker Location:

  • Level 1 (lower level)

  • Level 2 (middle level)

  • Level 3 (upper level)

Select One:

  • Vintage Club Member

  • Basic Wine Storage

How did you hear about Vintage Storage?

  • Wine Shop (please specify) ___________________________________

  • Direct Mailing

  • Internet

  • Friend / Business Associate

  • Yellow Pages / Telephone Directory

  • Magazine/Newspaper (please specify) _________________________________

  • Other ___________________________________________________

Vintage Storage, Inc.

2225 Camino Vida Roble, Suite 100

Carlsbad, CA 92011

(760) 931-6970 * Fax (760) 931-6973

Summary of Terms and Information

1.

Storage Locker No. Circle One:

24 Case

Basic 36 Case

VSI Club MiniWalk-In: 100+

Walk-In: 200+

3 Bay 84 Case

2.

Lessee Name:

3.

Lessee Address:

4.

Lessee Telephone No.:

5.

Lessee Fax No.:

6.

Lessee E-mail:

7.

Term: Commencing:                                      Ending:

(circle one) Yearly      6 month       monthly

(Automatic renewal unless terminated as set forth below.)

8.

Self Storage Fee: See Exhibit "A"

9.

Persons Authorized To Access Storage Space: See Exhibit "B"

 

10.

Lessee (Customer) Furnishes Key to Lessor (VSI): See Exhibit "C"

11.

Lessee's Alternate Name and Address For Notice Purposes:

 

Terms and Conditions of Storage

Vintage Storage, Inc., a California corporation (“Lessor”) hereby leases to the Lessee identified above (“Lessee”), and Lessee hereby leases from Lessor, the self-storage locker identified above, located at 2225 Camino Vida Roble, Suite 100, Carlsbad, California 92009 (“the Facility”), subject to the following terms and conditions:

1. Term. The term of this lease agreement shall be as indicated above, for a minimum term of 1 month/ 6 months/yearly, commencing and ending as of the dates indicated above. The term shall automatically renew from month to month/every 6 months/year to year unless terminated by Lessor or Lessee not later than 21-days after the expiration of the previous term.

2. Rental Fee. Upon signing of this agreement, Lessee shall pay to Lessor, in advance, the Storage Fee set forth on Exhibit “A,”without demand or billing statement. Renewal rates are subject to change by Lessor without prior notice upon expiration of the term or any extended term of this agreement. All fees paid are nonrefundable.

3. Use of Storage Locker. The storage locker shall be used by Lessee exclusively for the storage of wine and spirits, and for no other purpose.

4. Lessee’s Packaging and Markings. All goods for storage shall be delivered by Lessee properly packaged for storage and handling and clearly marked with the Lessee’s name and storage locker number.

5. Acceptance of Storage Space/No Alterations. Lessee has examined the storage locker and hereby accepts same as being in good order, condition and repair, and leases the locker in its present (“as is”) condition. Lessee shall make no alterations or improvements to the locker, or attach anything to the locker without the prior written consent of Lessor.

6. Access/Key Cards. Lessee and the persons listed on Exhibit “B”shall be the only persons permitted access to the storage locker. All individuals that have access to lockers must have on file with Lessor a signature card and a copy of a drivers license or photo ID. Access shall be available Tuesday through Friday, 9:00 a.m. to 5:00 p.m., Saturday 10:00 a.m. to 4:00 p.m. Sunday, by appointment only, legal holidays-closed. All subject to change at Lessor’s discretion. Lessor reserves the right to accompany any person accessing storage space, and to monitor the Facility with surveillance equipment. Lessor shall provide Lessee with one (1) security key card for access to the locker storage area. The fee for replacement or additional key cards is set forth on Exhibit “A”.

7. Risk of Damage or Loss / No Insurance. Lessor shall not be responsible for loss or damage to Lessee’s property, resulting from any cause, including but not limited to fire, earthquake, failure of climate control, theft or any deterioration of wine stored at Lessor’s facility. Lessor does not provide insurance for Lessee’s stored property or any other risk of loss to Lessee. Lessee acknowledges that the wine to be stored by Lessee at the Facility may have been previously stored, or kept or warehoused under a variety of conditions since being bottled or while in possession of the Lessee or Lessee’s predecessors in title. Lessee acknowledges that bottled wine can suffer damage or spoilage from a variety causes and that the wine stored by Lessee may have been damage or spoiled prior to the storage of the wine at the Facility, and that the exact cause or the time of occurrence of any such damage or spoilage cannot be determined. Accordingly, Lessee agrees not to hold Lessor responsible for any spoilage or damage to the wine, bottles or cases of bottled wine stored at the facility.

8. Climate Control. Lessor will use its best efforts to maintain a temperature and humidity controlled facility, with the temperature to be maintained between 55 and 59 degrees Fahrenheit. Lessor shall not be responsible for any failure to maintain climate control due to any cause whatsoever, and Lessee waives any claims, causes of action or damages arising from any failure to maintain a controlled climate.

9. Removal of Goods And Condition of Locker Upon Expiration of Term. Upon termination or expiration of this agreement, Lessee shall remove all of Lessee’s personal property from the storage locker and shall immediately deliver vacant possession of the storage locker to the Lessor in the same condition as delivered to Lessee on the commencement date of this agreement. In the event Lessor is required to remove Lessee’s property for any reason whatsoever, Lessee shall pay the costs of removal of not less than $50.00, and Lessor’s customary storage charges during the period Lessee’s property is held by Lessor, subject to Lessor’s lien described below.

10. Right to Enter, Inspect/Repair Storage Space. Lessor reserves the right to enter, inspect/repair the storage space.

11. Default. In the event Lessee fails to fully, faithfully and timely observe and perform any of the terms and conditions of this Agreement, Lessor shall have the right to immediately terminate Lessee’s use and occupancy of the storage space and access to the Facility without prejudice to any of Lessor’s rights to pursue all remedies available in law or equity under the laws of the State of California, including but not limited to collection of all rent, fees and other charges.

12. Notice of Lessor’s Lien. LESSEE’S PROPERTY WILL BE SUBJECT TO A CLAIM OF LIEN FOR UNPAID FEES AND OTHER CHARGES AND MAY BE SOLD TO SATISFY THE LIEN IF THE FEES OR OTHER CHARGES DUE REMAIN UNPAID FOR 14-CONSECUTIVE DAYS. THIS LIEN AND ITS ENFORCEMENT ARE AUTHORIZED BY THE CALIFORNIA SELF-SERVICE STORAGE FACILITY ACT CONTAINED IN CHAPTER 10 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE (COMMENCING WITH SECTION 21700).

13. Joint and Several Liability. Lessee and all other parties signing this Agreement shall be jointly and severally liable for all obligations of Lessee contained herein.

14. No Bailment. It is expressly understood by Lessee that no bailment or deposit of goods or personal property for safekeeping is intended or created under this Storage Agreement. Lessee acknowledges that Lessor does not take custody, control, possession or dominion over Lessee’s personal property or the contents of the storage locker. Lessor is not a warehouseman engaged in the business of storing goods for hire. The Facility is a self-service storage facility, not a warehouse.

15. Notification of Change of Address. In the event of a change of Lessee’s address or Lessee’s alternate notice name and address as indicated above, Lessee shall notify Lessor, in writing, of any such change within seven (7) days of the change, specifying the Lessee’s current address and telephone numbers and Lessee’s alternative name and address for notice purposes, if any.

16. No Assignment by Lessee. Lessee may not assign this agreement.

17. Safety and Security Rules. Lessee agrees to conform to the rules, regulations and security requirements of Lessor which may from time to time be implemented for safety and security purposes.

18. Late Fees and NSF Charges. In consideration of the administrative and other charges to be incurred by Lessor in the event of late payment or NSF checks, a late fee equal to Ten percent (10%) of the base rate shall be charged for all payments not received within five (5) days of commencement date of the lease term or any extended term, and an administrative fee of $50.00 will be charged for each check returned for insufficient funds.

19. Indemnification and Release of Lessor For Loss or Damage. Lessor assumes no liability whatsoever, regardless of the level of membership of the Lessee, for any loss or damage of any kind, to any person, including Lessee, or property of any kind whatsoever and to whomever belonging regardless of the cause or causes while in, upon, or in anyway connected with the storage locker and/or the Facility during the term of this lease or any extension hereof or any occupancy hereunder, including damage or loss by conversion, trespass, theft, fire, termites, water, flood or storm damage, earthquakes, wind damage or acts of God, and further including, but not limited to, any loss, damage or expense, including attorney’s fees and costs, that may be caused by or through the acts or omissions of Lessor, other Lessees in the facility, or any other person. Lessee hereby agrees to hold Lessor harmless from any liability, loss, cost or obligation, on account of or arising out of any such injuries or losses however occurring. In the event the storage space is damaged from any cause whatsoever, Lessor shall have the right to remove the personal property in, or contents of the storage locker and store said contents at Lessee’s sole cost and expense without liability for any loss or damage whatsoever, and Lessee shall indemnify and hold Lessor harmless from and against all loss, cost or expense of Lessor in connection with such removal.

Lessee hereby agrees to indemnify and hold harmless Lessor and Lessor’s agents for any and all damages, losses, liabilities, claims, and expenses (including attorney’s fees and costs), incurred in connection with or arising from (a) any breach or alleged breach of any of Lessees representations, warranties, or obligations hereunder, (b) any act of omission committed by Lessee in the performance of its obligations under this agreement, (c) any violation or alleged violation of any governmental law or regulation committed by Lessee as a result of or incidental to the performance of his/her obligations under this agreement, and (d) Lessee’s use of the locker space or arising in any way out of the acts or omissions of Lessee, or Lessee’s agents, employees, licensees, invitees, family or servants. All of Lessee’s representations, warranties, and obligations under this agreement, and this obligation to indemnity Lessor, shall survive the termination or expiration of the term of this agreement.

20. No Insurance. Lessor maintains no insurance for damage to Lessee’s property. Lessee should maintain such insurance as Lessee deems necessary or appropriate.

21. No Warrantees. Lessor hereby disclaims any implied or express warrantees, guarantees, or representations as to the nature, condition, safety or security of the storage space. Lessee hereby acknowledges and agrees that Lessor does not represent or guarantee the safety or security of the storage space or of any properties stored therein.

22. Entire Agreement. This agreement contains the entire agreement between the parties and supersedes any and all prior proposals and understandings, whether oral or written, or any concurrent oral agreement between the parties relating to the subject matter hereof.

23. Waiver/invalidity. No waiver of any term, provision or condition of this agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition of this agreement. If any part of this agreement is found to be invalid, then the remainder of the agreement shall be binding upon the parties herein.

24. Successors. This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

25. Notice. Any notice to be furnished hereunder shall be delivered personally, or mailed by U.S. mail, postage prepaid, or furnished in accordance with the law of the State of California. Any lien or other notices shall be sent to Lessee’s last known address and alternate name and address shown on the summary page.

26. Survival of Terms. All of Lessee’s obligations hereunder shall survive the termination of this Agreement.

27. Attorneys' Fees. In the event that there is a dispute between the parties, a trial or appellate court may award reasonable attorneys' fees to the prevailing party.

28. Modification. No modification of this agreement shall be valid unless in writing and signed by all parties.

29. Force Majeure. The obligations of Lessor to fulfill the terms of this agreement will be waived if there is a ‘force majeure’occurrence (including, but not limited to, war, public emergency, calamity, labor disturbance, fire, casualty, physical disability, illness, earthquake, flood, Act of God, or other disturbance, or any governmental restriction) that prevents Lessor from fulfilling its obligations under this agreement.

30. Time Is of the Essence. Time is of the essence for the performance of the obligations contained herein.

31. Governing Law / Venue. This agreement shall be interpreted in accordance with the laws of the State of California and shall be construed as a Self-Service Rental Agreement pursuant to California Business and Professions Code Section 21700 under the provisions of the California Self-Storage Facility Act. The parties consent to the venue and jurisdiction of the courts of San Diego.

32. Authorization. Each party signing this agreement expressly represents and warrants that he or she is duly authorized to sign this agreement.

33. Captions. The titles or headings of the various paragraphs hereof are intended solely for convenience of reference and are not intended and shall not be deemed to modify, explain or place any construction upon any of the provisions of this agreement.

34. Summary Terms. The above summary terms are incorporated herein.

This agreement has been entered into at Carlsbad, California, as of ­­­­­­­­­­­­­______________

Lessor: Lessee:

VINTAGE STORAGE, INC.

Signature _____________________________________________

For: Arthur Kinberg

Arthur W. Greer ______________________________________________

Printed name __________________________________________________

Drivers License No. __________________________________________________

Exhibit"A" to Storage Agreement

Community Locker Self Storage Fee $13.00 per case for a 6 Month Increment

Lower Level - Address in the 100’s

Basic Wine Storage

24 Case Wine Locker $526.00/yr

36 Case Wine Locker $788.00/yr

Vintage Club Membership

24 Case Wine Locker $659.00/yr

36 Case Wine Locker $988.00/yr

Middle Level - Address in the 200's

Basic Wine Storage

24 Case Wine Locker $462.00/yr

36 Case Wine Locker $694.00/yr

Vintage Club Membership

24 Case Wine Locker $608.00/yr

36 Case Wine Locker $910.00/yr

Upper Level - Address in the 300's

Basic Wine Storage

24 Case Wine Locker $336.00/yr

36 Case Wine Locker $551.00/yr

3 Bay 84 Case Locker $1,050.00/yr

Mini Walk-In - Automatic Vintage Club Member

8ft wide x 3 1/2 ft deep x 8 ft high $2,520.00/yr

Walk - In - Automatic Vintage Club Member

8 ft wide x 7 ft deep x 8 ft high $4,200.00/yr

* Note: Case = Standard Size Wine Case, 10”x 12”x 13”, all sizes approximate due to non-standard bottle sizes

Exhibit "B"to Storage Agreement

Persons Authorized To Access Storage Space

Lessee hereby authorizes the persons identified below to access Lessee’s storage space, and to place or remove bottled wine and spirits therein during Lessor’s normal business hours.

Lessee shall furnish to Lessor the following for each such authorized person: (i) a copy of a drivers license or other photo identification, and (ii) a signature facsimile.

Name(s): Name(s):

Exhibit "C" to Storage Agreement

Lessee Furnishes Key to Lessor

Lessee hereby furnishes to Lessor a key to the lock securing Lessee’s storage locker at the Facility, and authorizes Lessor to access Lessee’s storage locker for the purpose of receiving wine shipped by Lessee or its agents to the Facility, subject to the following terms and conditions:

1. Lessor assumes no liability whatsoever, regardless of the level of membership of the Lessee, for any loss or damage of any kind, to any person or property, regardless of the cause or causes in connection with Lessor’s receipt, handling or storage of wine shipped by Lessee to the Facility, or related directly or indirectly with Lessor’s accessing Lessee’s storage locker, including but not limited to, any loss, damage or expense, that may be caused by or through the acts or omissions of Lessor or any other person.

2. All of the terms of the attached storage agreement are incorporated herein.

Lessee Signature: ___________________________________________

Lesse's initials: ________________