Storage Lease AgreementUNDERGROUND VAULTS & STORAGE, INC.
STORAGE LEASE AGREEMENT
NUMBER A I m 3
UNDERGROUND VAULTS & STORAGE, INC. (hereinafter called "Underground") hereby leases to
City of Salina. 300 West Ash Street, Suite 206 Salina, KS 67402-6736 (hereinafter called
"Depositor") space in its underground Records Storage Center (hereinafter referred to as the "leased
premises") known as a PR 168.. For a term of five (5) years, commencing a- 1-95 , with
annual rental payable one (1) year in advance; and also agrees to perform such reasonable
services as requested by Depositor at Underground's latest established service rate. The rights of
the Depositor shall not be assigned, sublet, or in any way disposed of, in whole or in part, without the
written consent of Underground.
1. Duration: This agreement shall automatically be renewed for successive term of one (1)
year until either party shall cancel it by giving to the other written notice of its election to cancel, at
least sixty (60) days prior to the expiration of then existing term.
2. Appurtenances: (a) It is understood and agreed that if Depositor desires the installation
of any fixtures or equipment in the leased premises, it will advise Underground, and Underground will
have the sole authority to undertake said in -installation, and the charges to Depositor shall be the
total of labor at Underground's latest hourly construction rate and material cost, plus ten percent
(10%).
(b) All fixtures and equipment of whatsoever nature as may have been installed in the
leased premises by Underground at the instance of and cost to Depositor, whether affixed thereto or
otherwise, shall be property of Depositor, and maybe removed by Underground at Depositor's
request and expense, including injuries to the premises resulting from such removal, if any, at the
expiration or termination of this lease agreement, or any renewal or extension thereof.
3. Untenable Clause: (a) If, during the term hereof, the leased premises or any part thereof
shall be rendered untenable by public authority, or by casualty (except such as shall have resulted
from the negligence of the Depositor), a proportionate part of the rent herein provided for, according
to the extent of such untenability, shall be abated and suspended until the premises are again made
tenable by Underground. If in the opinion of Underground or Depositor the leased premises cannot
by reasonable efforts be restored to their former condition within sixty (60) days from the taking or
damage, either party may, upon notice to the other, given within ten (10) days after the taking or
damage, terminate this lease and contract as of that date.
(b) If the leased premises, or any part thereof, or any part of Underground's Records Storage
Center, whether above or below ground, should be injured (reasonable wear and tear excepted) as a
result of the negligence of Depositor, its agents, deputies or employees, any such injuries or
damages shall be the sole responsibility of Depositor and Depositor shall immediately initiate
proceedings to restore such leased premises and/or Records Storage Center to their former condition.
4. Authorized A -gent: The authority of any agent of Depositor to store, inspect or to withdraw
material or property stored hereunder shall be in writing upon a form supplied by Underground, with a
copy thereof to be filed with Underground, and Depositor will promptly notify Underground in writing of
the termination or revocation of the authority of any agent. It is understood that, in all events, no
agent of Depositor will be permitted access to the records stored for Depositor or Depositor's leased
premises, absent compliance herewith.
5. Forbidden Storage: Depositor warrants and agrees that any article tendered for storage
shall not consist of narcotics, explosives, radioactive material or other hazardous articles, nor will it
use the facilities for any illegal purposes, and Depositor further agrees it will store no property but its
own or that of its subsidiaries or affiliates hereunder.
6. Access: Subject to the provisions of paragraph four (4) Depositor shall be entitled to
reasonable access to the Records Storage Center for the purpose of storing, inspecting or
withdrawing articles stored hereunder; such reasonable access to be limited by the rules and
regulations of Underground for the safety, care and management of the Records Storage Center,
as are in effect or modified in Underground's sole discretion. Access is available 24 hours per day, 7
days a week; however, access outside of Underground's operating hours will involve additional
charges. Underground shall not be liable for inability to provide such access caused by Acts of God,
the public enemy, labor disputes, riots or any other cause beyond its control.
7. Depositor's Default: If rental hereunder remains unpaid for a period of thirty (30) days
after it shall have become due and payable, Underground may terminate this agreement upon thirty
(30) days' written notice to Depositor by service upon Depositor's authorized agents personally, or
by mail to Depositor at its address above. In addition to the foregoing, at any time that rental, or
other charges hereunder are due but unpaid within the 30 day period provided for above,
Underground may refuse Depositor or its agents access to the Records Storage Center, and may
unconditionally retain all such property or material stored hereunder. Furthermore, if the rental on
any property remains unpaid for a period of one -hundred -twenty (120) days, Underground reserves
the right, upon thirty (30) days' written notice to Depositor, to remove or otherwise dispose of such
property, in which event Underground shall not be liable for any loss or damage whatsoever to such
property. Depositor may, however, prior to such removal or disposal redeem such property and
regain the right of access there to by paying in full those charges due but unpaid, including but not
limited to the following: rental; charges for services at Underground's latest established service rate;
charges for storage, preservation, labor, insurance, etc., accruing during the period of nonpayment
hereunder. This agreement will not preclude Underground from any other remedies allowed by law to
a creditor against a debtor for the collection from the Depositor of all charges and advances which
Depositor has expressed or implied contractually with Underground to pay.
8. Underground's Liability: (a) Underground's liability for loss or damage from any cause
whatsoever shall commence when the property stored under this account is received by
Underground and shall continue and exist only thereafter while such property is in the custody of
Underground. It is agreed by the parties that their relationship is one in which Underground's
liability, if any, to Depositor maybe expressly limited and that the liability of Underground, if any, to
Depositor, its agents and employees, for loss or injury from any cause, shall be expressly limited
only to property damage resulting solely from Underground's negligence or intentional acts or
omissions. Underground's liability in respect to property stored hereunder is limited to reasonable
care in the performance of their duties by employees and officers of Underground. Depositor further
agrees that for the purpose of determination of damage in the event of such liability, the maximum
value of the material stored here under shall be limited to $2.00 per cubic foot of hard copy material
(including movie film and X-ray film) stored, $25.00 per reel of magnetic tape stored, $50.00 per
container with 66 rolls of 16mm microfilm, $50.00 per container with 39 rolls of 35mm microfilm,
$50.00 per container with approximately 2,000 microfiche, $200.00 per disc pack, and $2.00 per
cubic foot of storage area leased for miscellaneous personal property, excluding all property
heretofore mentioned. It is agreed that Underground's liability, if any, in case of loss or damage
from any cause whatsoever shall be limited to said maximum value of material stored hereunder.
(b) Notwithstanding the foregoing limitation of Underground's liability, Depositor may declare
an excess valuation of the material stored hereunder for insurance purposes, which shall be
attached to and made a part of this agreement, and Depositor shall pay a rate as set by
Underground for insurance to cover such excess evaluation.
(c) In all other respects Depositor agrees to save and hold Underground harmless from any
and all claims, demands, causes of actions, for liability pertaining to Depositor, its authorized
agents, deputies or employees, in the use of Underground's said Records Storage Center, above
or below ground.
9. Claims: Any claims against Underground must be made in writing and delivered to
Underground by registered mail not later than ten (10) days after return of stored property to
Depositor, or ten (10) days after notice of claimed damages, which ever occurs first in point of time.
UNDERGROUND VAULTS & STORAGE, INC.
BY
TITLE
DATE
CITY OF SALINA nn
BY CSJ
DATE