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2022/03/15 OnSite Temp Housing Travel Trailer Rental Agreement Travel Trailer Rental Agreement This Rental Agreement is entered into this 15th day of March 2022 between Lessor and Lessee: Lessor: OnSite Temp Housing, Inc. PO Box 73667, Phoenix, AZ 85050 Lessee: City of Menifee 29844 Haun Road Menifee CA 92586 Whereas, Lessee desires to rent from the Lessor and Lessor desires to rent the Lessee one (1) RV travel trailer (“Travel Trailer”) and certain property related to the travel trailer (collectively the “Leased Property”) as set forth in Exhibit - A (“Rental Trailer(s) Information”). Now, Therefore, Lessor and Lessee hereby covenant, contract and agree as follows: 1. The parties agree that all of the recitals above and exhibits are hereby incorporated in this Rental Agreement. 2. Term. The term of this Rental Agreement (“Rental term”) shall commence on 07/05/2022 and will end on 11/05/2022 (4-month Rental term). 3. Rent Payments. Lessee shall pay Lessor the monthly rent during the Rental term for the rent of the Travel Trailer (“Rent”) each month in advance on the first day of each month. If the Rental term does not start on the first day of the month or end on the last day of the month, the Rent for the initial month will be prorated to the end of the month. (a) the Rent and all sums payable by Lessee to Lessor at the address set forth above or any other address designated by the Lessor. (b) if any amounts due under the Rental Agreement are more than five (5) days late, Lessee agrees to pay a late charge of $50.00. (c) Lessee agrees to pay the charge of $25.00 for each check provided by Lessee to Lessor that is returned to Lessor for the lack of sufficient funds. (d) Fees include: $2995 monthly rental $1500 delivery and pickup $895 setup prep cleaning $1000 security deposit DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 4. Renewal, Termination. Lease will renew itself on a month to month basis upon the same terms and conditions as set forth herein unless either party or its agents give written notice of termination to the other party a 30 day notice in writing via email or letter before the end of the term of any renewal. Lessor shall have a right to increase the rental rate for any renewal period by giving email or written notice by Lessor to Lessee. Either Lessee or Lessor may terminate this Rental Agreement at the end of the Term or any other subsequent date by giving the other party thirty (30) days written notice prior to the date of termination (“Termination Date”). Lessor reserves the right to terminate this Rental Agreement immediately if bankruptcy or reorganization proceedings are instituted on behalf of the Lessee. Such termination shall create no rights to the Lessee to a refund of prepaid rents, if any, nor shall it extinguish the right of the Lessor to collect such unpaid rent. 5. Deposit. On execution of this Rental Agreement, Lessee shall deposit with Lessor, a security deposit of $1,000.00 (Deposit), as security for the performance of Lessee’s obligations under this Rental Agreement. Lessor may (but shall have no obligation to) use the Deposit or any part thereof to cure any breach or default of the Lessee under this Rental Agreement, or to compensate Lessor for any damage as it incurs as a result of Lessee’s failure to perform any of Lessee’s obligations hereunder. Lessor is not limited to the Deposit to recoup the damage costs, and Lessee remains liable for any balance. Lessee shall not apply or deduct any portion of the Deposit from any month‘s rent, including the last month of the rental term. Lessee shall not use or apply the Deposit in lieu of payment of rent. (a) Forfeit of Deposit. If Lessee breaches any terms or conditions of this Rental Agreement, Lessee shall forfeit the Deposit, as permitted by law. (b) Return of Deposit. In the event that Lessee shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Rental Agreement, the Deposit shall be returned to Lessee and/or insurance company, as designated to Lessor, after thirty days (30) at the end of the Rental Agreement and after delivery of entire possession of the Travel Trailer in good condition. 6. Third Party Services. All electrical work and filling of liquid propane tanks is the Lessee’s responsibility, Sewage holding tanks are sourced by a third party vendor as Lessor does not provide this service and is held harmless for any issues to aforementioned installation and subsequent disconnection. 7. Utilities. Lessee shall be responsible for any and all utility fees, connections, charges and costs. DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 8. Event of Default by Lessee. A material failure by the Lessee to comply with the terms and conditions hereof shall constitute a default hereunder and all sums due hereunder shall be due immediately upon such default. (a) Remedies. In the event of default, lessor may (i) declare Lessee in default and terminate the Rental Agreement; (ii) seek damages from Lessee for such default, and/or repossess the Travel Trailer; (iii) and/or not terminate this Rental Agreement and seek damages from the Lessee under the terms of this Rental Agreement; (iv) and/or without notice use self-help to repossess the Travel Trailer; (v) and/or seek any and all remedies at law or in equity. (b) Financial Remedies. In the event of any default, Lessee shall be liable (i) if the Rent shall become due thereupon and be paid for the balance and reminder of the full Rental term, (ii) Lessee will be liable for any expenses Lessor may incur for legal expenses, attorney’s fees, brokerage, and/or putting the Travel Trailer in good order; (iii)Lessor may re-let the Travel Trailer, and/or (iv) Lessee shall also pay Lessor default damages for his/her failure to observe and perform the covenants in this Rental Agreement. Lessor m ay, at his/her sole option, hold Lessee liable for any difference between the Rent payable under this Rental Agreement during the balance of the Rental Agreement Term, and any rent paid by a successive Lessee if the Travel Trailer is re- rented. In the event that after default by the Lessee, Lessor may at his/her option hold Lessee liable for the balance of the unpaid Rent under the Rental Agreement for the remainder of the Rental term. 9. Event of Default by Lessor. A material failure by the Lessor to comply with the terms and conditions hereof shall constitute a default and shall entitle Lessee to (i) declare Lessor in default and terminate the Rental Agreement; (ii) seek damages from Lessor for such default; (iii) not terminate this Rental Agreement and seek damages from Lessor under the terms of this Rental Agreement; (iv) withhold Rent from the date of such default until such time as it is cured, and Lessor has compensated Lessee for damage caused by the default; (v) and/or seek any and all remedies at law or in equity. 10. Lessee and Occupants. The Lessee and Lessee’s agent represents and warrants that he/she is duly authorized to execute this Rental Agreement. All adult persons occupying the Travel Trailer shall be listed on the “Lessee Information Page” attached hereto and incorporated into this Rental Agreement by reference as Exhibit B. DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 11. Use of the Travel Trailer. Lessee agrees not to sell, pledge, lend, encumber, sublet, or part with possession of the Travel Trailer. Lessee agrees to abide by the local rules and regulations, including but not limited to, rules with respect to noise, odors, disposal of refuge, number of occupants, and etc. Lessee will at Lessee’s sole expense, keep and maintain the Travel Trailer in good, clean and sanitary condition and report necessary repairs during the term of this Rental Agreement. The cost of repair due to Lessee’s willful or negligent conduct shall be borne by Lessee. The cost of repair due to ordinary wear and tear shall be borne by Lessor. This Section shall not be construed as requiring Lessee to repair conditions of the Travel Trailer that existed prior to the date the City takes possession of the Travel Trailer. 12. Pet Policy. The Lessee shall not permit any pets unless the Lessee has received written approval by Lessor. If Lessee has a pet, a Pet Addendum must be signed and attached to this Rental Agreement and a pet deposit and/or all fees shall be paid. 13. Use of Tobacco Products. Use of Tobacco and/or Marijuana products is strictly prohibited. Should it be discovered that the use of Tobacco and/or Marijuana was allowed in the Travel Trailer, Lessee will pay any charges incurred by Lessor to professionally correct the damages caused. Clean-up will include, but will not be limited to, cleaning and deodorizing of the carpets, vents, air-ducts and window coverings by a professional at the Lessee’s expense. 14. Delivery and Inspection. Lessee acknowledges that Lessor will be placing the Travel Trailer on Lessee’s property on hard packed dirt and/or gravel and/or pavement and that the area shall be of adequate size and clearance to handle the weight and size of the travel trailer. The lessee is required to provide lessor clear access to the travel trailer which includes, but not limited to snow removal, any water removal (flooding), tree limbs and construction debris. Lessee also understands there may be additional required work or removal of trees and/or fences or other items on the property. Lessee authorizes Lessor to drive on paved surfaces, lawn and/or other non-paved surfaces in order to deliver and retrieve the Travel Trailer. Lessee also understands that delivery o f the travel trailer is contingent on weather, traffic, accidents and other related issues/acts of God that are out of the control of OnSite Temp Housing and their contractors. In either case, Lessor accepts full risk for all damages resulting from the delivery, placement, and retrieval of the Travel Trailer. Lessor relieves Lessee from any responsibility for such damage. Lessee agrees not to relocate the Travel Trailer. In the event that Lessee relocates the Travel Trailer, without Lessor’s prior written c onsent Lessee agrees to pay an additional fee of no less than $250.00 per month and up to the DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 current value of the Travel Trailer plus any and all additional costs. Lessee acknowledges that the Travel Trailer will not be placed in a public right of way, an d/or the property of another person without written consent of the owner of the property. Lessor shall have the right to inspect the Travel Trailer with reasonable notice. If in the Lessor’s reasonable judgment, the Travel Trailer or its contents are being abused, damaged, or misused, then Lessor may terminate this Rental Agreement and take possession of the Travel Trailer immediately. Such termination shall create no right to a refund or prepaid rent, nor shall relinquish any rights, which Lessor may have to receive damages or unpaid rent. (a) Inspection of Travel Trailer. Lessee or Lessee’s agent has inspected the Travel Trailer. (i) the Travel Trailer is in good and acceptable condition and is habitable; and (ii) Lessee shall complete the Travel Trailer inspection form upon delivery. (b) Damage to Travel Trailer. In the event the Travel Trailer is destroyed or rendered wholly uninhabitable by fire, storm, earthquake or other casualty not caused by the negligence of Lessee, this Rental Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The Rent provided for herein shall then be accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Travel Trailer, Lessee paying rent up to such date and Lessor refunding Rent collected beyond such date. Should a portion of the Travel Trailer thereby be rendered uninhabitable, Lessor shall have the option of either repairing such injured or damaged portion or terminating this Rental Agreement. In the event that Lessor exercises its right to repair such uninhabitable portion, the Rent shall abate in the proportion that the insured parts bears to the whole Travel Trailer, and such part so injured shall be restored by Lessor as speedily as practicable, after which the full Rent shall commence and the Rental Agreement continue according to its terms. 15. Compliance with Local Ordinances. Lessee acknowledges that use of the Travel Trailer (which will contain signage and business information) must be in compliance with any county, city and local ordinances, rules and/or regulations, including but not limited to deeds, and homeowners restrictions. Lessee assumes full responsibility for any fines or penalties, monetary and/or other, resulting from delivery, use or placement of the Travel Trailer in violation of such ordinances, rules and/or regulations. Lessee acknowledges that Lessor may retrieve the Travel Trailer. If any federal, state or local authorities inform Lessor that the placement of the Travel Trailer violates any statue, ordinance, rule and/or regulation, without making any independent determination as to DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 whether such a violation actually occurred or requires Lessor to remove the Travel Trailer, Lessee gives Lessor full authority to comply with such requirements and re-rent Lessor from any and all liability for resulting damage to your property or Travel Trailer. 16. Indemnification. Lessee shall indemnify and hold Lessor harmless against any and all claims arising from the Lessee’s use or occupancy of the Travel Trailer or from any activity, work or things which may be permitted or suffered by the Lessee’s use. Lessor shall not be liable for damages or losses to the person or property of any occupant from any theft, vandalism, fire, water, rain, acts of God, interruption of utilities, acts of others, or all other causes whatsoever. Lessor shall not be liable for any third party damages or losses caused by or attributable to any of the occupants of the Travel Trai ler or family member, or invitees of Lessee. Lessee hereby releases and indemnifies Lessor and its agents and/or employees from any claim for damage or loss of any kind occurring during the rental of the Travel Trailer including, but not limited to, damage to furniture and/or appliances. Lessor shall indemnify and hold Lessee harmless against any and all claims arising from the intentional or negligent conduct of Lessor in fulfilling its obligations under this Rental Agreement. 17. Personal Property Insurance. Lessor shall not be responsible for the loss or damage to Lessee’s personal property or rented/leased property, including, but not limited to furniture and/or appliances, provided to Lessee by Lessor. Lessee shall provide liability and personal property insurance that shall include, in addition to Lessee's personal property, any electronics and/or appliances, whether rented by the Lessee or provided to the Lessee by Lessor. Lessee shall indemnify and hold Lessor harmless from any and all such, costs, expenses, charges, and attorney’s fees. To the extent that Lessee does not obtain personal property insurance, Lessee assumes full responsibility for specified loss and waives all claims against Lessor for loss and/or damage. 18. Loss, Damage, Cleaning Charge. Lessee accepts and assumes financial responsibility for any and all damages or losses to the Travel Trailer or the contents therefore, which includes, but is not limited to, all personal, rented or other property located in or about the Travel Trailer. Lessee shall be responsible for any and all damages and/or loss to any property, rented or owned and any other products provided to Lessee by Lessor. The cost of cleaning the Travel Trailer and carpets at the end of the Term of this Rental Agreement shall be charged to Lessee on a final invoice or subtracted from the security deposit if charged to Lessor, if applicable, including Mold and Mildew, as set forth in Exhibit D (Mold and Mildew Addendum). If at any time the DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 Travel Trailer or appliances become damaged or inoperable, Lessee shall notify Lessor immediately by telephone at 855-667-4830. Lessee shall report any pest problem within three (3) days of possession. Lessee’s failure to identify any pest infestation within three (3) days of possession shall constitute Lessee’s agreement that the Travel Trailer has no infestation of any kind, as set forth in Exhibit C (Bed Bug Addendum). Lessee is responsible for reporting any suspected or known infestation immediately to Lessor. Lessor shall not incur any liability for pest infestation following the date three (3) days from possession. Any Infestation following the date three (3) days from possession shall be the sole responsibility of the Lessee. Any fees or costs incurred by Lessor related to remediating an infestation reported following the date three (3) days from possession shall be reimbursed by the Lessee immediately. If, within three (3) days from possession, Lessee discovers and reports an infestation, Lessor shall be responsible for remediating such infestations at no cost to Lessee. If Lessee discovers and reports an infestation within three (3) days of possession, Lessee may (1) immediately terminate the Rental Agreement without any cost or expense due to Lessor, in which case it shall be as if Lessee never entered into this Rental Agreement, or (2) require Lessor to clear the infestation at its own expense, and provide an alternate trailer for Lessee’s use and reasonably compensate Lessee for its loss of use of the Travel Trailer. 19. Possession and Surrender. Lessee shall be entitled to possession of the Travel Trailer the first day of the Rental Term, and Lessee shall not be obligated to accept possession of the Travel Trailer prior to the first day of the Rental Term. At the expiration of the Rental Term, Lessee shall peaceably surrender the Travel Trailer to Lessor or its agents in good condition, as it was at the commencement of the Rental Agreement, subject to ordinary wear and tear. Lessor will not be responsible or entitled to storage fees for additional days that the Travel Trailer is on property while being cleaned and/or being scheduled for pick up. If Lessee fails to surrender the Travel Trailer to the Lessor at the expiration of the Rental term, Lessee shall be liable for 150 percent of the monthly rent set forth in paragraph three of this Rental Agreement. 20. Hazardous Materials. Lessee shall not keep or have on or around the Travel Trailer any item of a dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or explosion on or around the Travel Trailer or that is considered hazardous material. 21. Amendment. The parties hereby irrevocably agree that no attempted amendment or modification (collectively, “Amendment”) of this Rental Agreement shall be valid and effective, unless the Lessee and Lessor agree in writing to such Amendment. 22. No Assignment. The Lessee shall not assign, transfer, sell encumber pledge, DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 hypothecate or otherwise alienate the Travel Trailer. 23. No Waiver. No waiver of any provision of this Rental Agreement shall be effective, unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 24. Governing Law. This Rental Agreement shall be construed in accordance with the laws of the State of Arizona and any proceeding arising between parties in any manner pertaining or related to this Rental Agreement shall be brought in Maricopa County, Arizona. 25. No Third-Party Beneficiary. This Rental Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person, shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of this Rental Agreement as a third-party beneficiary or otherwise. 26. Attorney’s Fees and Costs. If any action at law or in equity, including appeals and arbitration, if any, is necessary to enforce or interpret the terms of this Rental Agreement, the prevailing party with respect thereto shall be entitled to reasonable attorney’s fees, costs and necessary disbursements incurred in connection therewith, in addition to any other relief to which such party or parties may be entitled, whether incurred before or at trial or on appeal or other proceeding, to be paid by the non- prevailing party or parties. 27. Acknowledgement. Lessee acknowledges receipt of this document and understands the terms and conditions thereof and that this Rental Agreement is a legal and binding document. 28. Special Provisions. Full lease term due and payable. No lease break fee available. Executed on this 15th day in the Month of March 2022. DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 LESSEE Name: City of Menifee Armando G. Villa, City Manager Attest: Stephanie Roseen, Acting City Clerk Approved as to Form: Jeffrey T. Melching, City Attorney LESSOR Name: Shawna L. Laster Signature: Shawna L Laster DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 Model: 39 foot single slideout Additional furnishings: TV DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 11 Exhibit - B City of Menifee 29844 Haun Road Menifee CA 92586 Driver’s License # Driver’s License State DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 12 Exhibit C Bed Bug Addendum This Bed Bug Addendum is an amendment to the Rental Agreement 1. This Addendum is part of the Travel Trailer Rental Agreement and deals with the difficulties and associated problems when bed bugs (cimex lectularius) are found in or infesting the Travel Trailer or personal property located in the Travel Trailer. 2. Both Lessor and Lessee agree that the Travel Trailer has been inspected prior to move-in and did not observe any evidence of bed bugs or a bed bug infestation. 3. Lessor represents and agrees that it is not aware of an infestation or presence of bed bugs in the Travel Trailer; or, if there was a prior infestation or presence in the Travel Trailer, it has been professionally treated by a licensed pest control vendor and is believed to be free of further infestation. 4. Lessee represents and agrees that he or she has read the information about bed bugs provided by Lessor and is not aware of an infestation or presence of the pest in Lessor’s current or previous home, or occupancy. Lessee represents and agrees that he or she is not aware of any bed bug infestation or presence in any of his or her furniture, clothing, or personal property and possessions and has fully disclosed any previous bed bug infestation which Lessee may have experienced. Lessee represents and agrees that if he or she has not been subjected to or living in an environment, home, condo, hotel, or other occupancy in which there was a bed bug infestation or presence. Lessee represents that if he or she was previously living in a home, condo, apartment, hotel, or other occupancy that had a bed bug infestation that he or she has had all furniture, clothing, and personal property or belongings professionally and properly cleaned and treated by a licensed professional pest control service and believes that such items are believed to be free of further infestation. In the event Lessee discloses a previous experience of bed bug infestation, Lessor shall have the right to see documentation of the treatment and inspect Lessee’s personal property and possessions to confirm the absence of bed bugs. 5. Lessee acknowledges that used or discarded furniture, clothing, and personal property obtained from other owners or found abandoned and discarded can contain bed bugs which will infest the Travel Trailer will be extremely difficult to control, and the costs associated with treating bed bugs and lost revenues associated with it are expensive. Lessee represents and agrees that he or she shall not create or allow a condition or personal property to enter the Travel Trailer that will allow an infestation or presence of bed bugs in the unit. Lessee shall not engage in risky behavior or bringing furniture, clothing, or personal property found on the street, in a dump, or acquired second hand or used without confirming the absence of bed bugs or properly and professionally cleaning and treating the items by a licensed professional pest control service before bringing such items into the Travel Trailer. DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 13 6. Lessee shall allow Lessor and its pest control vendors to have access to the Travel Trailer at reasonable times and hours for inspection, pest control, and treatment of bed bugs. Lessee and family members, occupants, social guests, and invitees shall cooperate and shall not interfere with Lessor’s inspections or treatments. 7. Lessee shall promptly notify Lessor of any conditions that may indicate the presence of bed bugs in the Travel Trailer or in any of Lessee’s clothing, furniture, and personal property. Lessee shall promptly notify Lessor any recurring or unexplained bites, stings, irritations, sores of the skin or body which Lessee believes are occurring from bed bugs or from any condition or pest believed to be within the Travel Trailer. Lessee shall promptly notify Lessor if he or she discovers any condition or evidence that might indicate the presence or infestation or bed bugs or of any confirmation of bed bug presence by a pest control service or other authoritative source. 8. Upon confirmation of the presence or infestation of bed bugs, Lessee must cooperate and coordinate with Lessor and its pest control service to treat and eliminate the bed bugs. Lessee must follow all directions of Lessor or its vendor to clean and treat the Travel Trailer where it is located. The Lessee is required to remove or destroy personal property that cannot be treated or cleaned. 9. In the event bed bugs are determined to be in the Travel Trailer, Lessor shall have the right to terminate the Rental Agreement and require Lessee to vacate the Travel Trailer and remove all furniture, clothing, and personal belongings in order to treat the unit. Lessor shall have the right to terminate the Rental Agreement and obtain possession of the Travel Trailer regardless of who is responsible for causing the infestation or presence of bed bugs. Due to the difficulty of treating and repetitive treatments necessary to control the infestation, Lessee must vacate the Travel Trailer and remove all personal property and possessions to provide full access and fully treat and clean the Travel Trailer. Lessee must vacate the premises, removing all personal property and persons in order for Lessor to perform pest control services. A determination of the cause or source of the bed bug infestation or presence may occur at a later date after the Rental Agreement has been terminated, all personal property has been removed, and possession has been returned to Lessor. Lessee does not have the right to withhold possession of the Travel Trailer and refuse to move until Lessor has his or her personal property and possessions treated and cleaned. Lessee must first move and treat his or her personal property in accordance with widely accepted treatment methods and procedures as established by a licensed professional pest control service provider. Lessee’s who fail to vacate after the Rental Agreement has been terminated will be liable for double holdover rent as provided in the Travel Trailer Rental Contract. In the event bed bugs are discovered in the Travel Trailer and Lessor requires Lessee to vacate the Travel Trailer, Lessor shall compensate Lessee for reasonable expenses incurred in vacating the Travel Trailer, and securing a substitute travel trailer, except to the extent that Lessee is found to be the source of the bed bugs. 10. Lessor shall have the right to select the method or treating the Travel Trailer for bed bugs. DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 14 Lessee is responsible for and must treat his or her own personal property and possessions. 11. If Lessee or Lessee’s family members, occupants, social guests, or invitees are responsible for causing or introducing bed bugs into the Travel Trailer, Lessee shall be in default of the Rental Agreement and shall be liable for all rent, damages, cleaning and pest control fees, and other charges as provided in the Travel Trailer Rental Agreement. Lessee shall pay all reasonable costs or cleaning and pest control treatment Lessor incurs to remedy Lessee’s breach of the Travel Trailer Rental agreement. 12. In the Lessee or Lessee’s family members, occupants, social guests, or invitees are not responsible for causing or introducing bed bugs into the Travel Trailer, Lessee shall not be in default of the Travel Trailer Rental Agreement but still must vacate the Travel Trailer and return possession upon termination of the Rental Agreement. The fact that the Lessee was unaware that he or she was bringing bed bugs into the Travel Trailer will not relieve the Lessee of liability in the Lessee knew or should have known about the infestation or engaged in risky behavior that was likely to start an infestation within the Travel Trailer. 13. Under no circumstances shall Lessor or Lessee be liable to each other for punitive damages for breach of contract related to bed bugs. 14. Under no circumstances shall Lessor or Lessee be liable to each other for punitive damages for mere negligence related to bed bugs. 15. Lessee shall promptly report to Lessor any known or suspected bed bug infestation or presence in the Travel Trailer. Lessee shall not try to treat that Travel Trailer for a bed bug infestation on his or her own and acknowledges that Lessor has the full right to select a licensed and qualified professional pest control vendor to perform treatments and cleaning of the Travel Trailer. Lessor shall have the right to set all the conditions necessary for inspection and treatment of the premises for the presence or infestation of bed bugs. You must report any signs or suspicions of bed bugs to Lessor as soon as possible and cooperate in providing access for inspection and treatment. It is important that you use good housekeeping practices. Clean and vacuum on a regular weekly basis. 16. If any portion of the provisions of this addendum is declared to be invalid or unenforceable, then the remaining portions shall be severed and survive and remain enforceable. The court shall interpret and construe the remaining portion of this addendum so as to carry out the intent and effect of the parties. DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116 15 Exhibit D Mold and Mildew Addendum This Mold and Mildew Addendum (“Exhibit D”) is attached to and made a part of the Rental Agreement Lessee acknowledges that it is necessary for Lessee to provide appropriate climate control, keep the Travel Trailer clean, and take other measures to retard and prevent mold and mildew from accumulating in the Travel Trailer. Lessee agrees to clean and dust the Travel Trailer on a regular basis and to remove visible moisture accumulation on windows, walls, floors, ceilings and other surfaces as soon as reasonably possible. Lessee agrees not to block or cover any of the heating, ventilation or air-conditioning ducts in the Travel Trailer. Lessee also agrees to immediately report to the Lessor in writing; (i) any evidence of a water leak or excessive moisture in the Travel Trailer, (ii) any evidence of mold-or-mildew-like growth that cannot be removed by simply applying a common household cleaner and wiping the area; (iii) any failure or malfunction in the heating, ventilation or air conditioning system in the Travel Trailer; and (iv) any inoperable doors or windows. Lessee further agrees that Lessee shall be responsible for damage to the Travel Trailer and Lessee’s property as well as injury to Lessee and Occupants resulting from Lessee’s failure to comply with the terms of this Addendum. A default under the terms of this Addendum shall be deemed a material default under the terms of the Rental Agreement, and Lessor shall be entitled to exercise all rights and remedies at law or in equity. Except as specifically stated herein, all other terms and conditions of the Rental Agreement shall remain unchanged. In the event of any conflict between the terms of this Addendum and the terms of the Rental Agreement, the terms of this Addendum shall control. Any term that is capitalized but not defined in this Addendum that is capitalized and defined in the Rental Agreement shall have the same meaning for purposes of this Addendum as it has for purposes of the Rental Agreement. DocuSign Envelope ID: 08ADEA0D-8AFD-47A0-84A7-4690A9D9D116