FORM 117

STORAGE AGREEMENT

AGREEMENT made between _____________ (Governmental Entity), a political subdivision of the state of Idaho, herein "ENTITY" and _________________________ herein "TENANT",

THE PARTIES AGREE AS FOLLOWS:

1.            STORAGE:  ENTITY hereby leases to TENANT

[ ] ______square feet of structure 

[ ] ______square feet of land, being a parcel approximately _____ feet by _____feet,

as outlined on the attached map for the purpose of storing _____________________________.

[ ] during the period from ___________________ to ___________________

[ ] during a period commencing _____________and continuing until terminated as agreed.

TENANT agrees to pay ENTITY 

[ ] $______________ upon execution of this Agreement for this storage right 

[ ] $______________ per month for this storage right payable on the first day of each monthly period of this Agreement for the following month, together with a late fee of $___________ for each payment not paid when due. 

2.            ACCESS: TENANT shall be entitled to have access to the storage premises at reasonable times after giving ENTITY ___________ hours oral request for access  [TENANT will pay ENTITY a service charge of $______________ for each access requested.]

3.            RELEASE: TENANT acknowledges and agrees that ENTITY will not provide any security for such storage and OWNER releases ENTITY of any liability for any vandalism, damage or loss suffered by TENANT from any cause including, but not limited to, property damage by vandalism, fire and the elements.  ENTITY shall have no duty to provide any insurance upon the property of TENANT stored on the premises.

4.            INDEMNIFICATION:             TENANT agrees to indemnify, defend, and hold harmless ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of TENANT, TENANTís agents, employees, or representatives under this Agreement.

5.            INSURANCE:  TENANT agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy in the minimum amount of $____________________, which shall name and protect TENANT, all TENANTís employees, ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with the TENANTís acts.  TENANT shall provide proof of liability coverage as set forth above to ENTITY prior to commencing its performance as herein provided, and require insurer to notify ENTITY ten (10) days prior to cancellation of said policy.

6.            HAZARDOUS WASTE:  TENANT agrees not to store, generate, or otherwise use or bring upon the property any hazardous waste as defined by federal, state or local laws or regulations.

7.            TERMINATION:  Either party may terminate this Agreement by ten (10) days written notice to the other party and TENANT shall be liable for rent on a pro-rated basis to the date of termination and removal of the stored property.

8.            ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

       9.            ATTORNEY FEES:  Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination.

10.            COMPLIANCE WITH LAWS: TENANT agrees to comply with all federal, state, city, and local laws, rules and regulations. 

            DATED this _______ day of _______________, 20____.

ENTITY:

_____________________________________

(Governmental Entity)

By__________________________________

Its  _____________________________________

ATTEST:

_____________________________________

Clerk of _____________________________

(County, City or other Governmental Entity)

  TENANT:

By__________________________________

     (Name)

Its___________________________________

    (Title or Office)

WITNESS:

_____________________________________

(Signature of Witness or Notary Public)

  Form and content approved by __________________ as attorney for _______________ (Governmental Entity).