Legal Private Property Impound Report

LEGAL PRIVATE PROPERTY IMPOUND REPORT

This Legal Private Property Impound Report (Report) is executed by Property Owner: , Address: and Impound Agent/Towing Company: , Address: . Report Date:

RECITALS

WHEREAS, Property Owner controls private property located at: , and has adopted rules and signage authorizing removal of vehicles in violation of posted restrictions; and

WHEREAS, Impound Agent is duly licensed and maintains facilities and insurance for the lawful removal, towing, storage and release of motor vehicles; and

WHEREAS, a vehicle located on the Property in violation of posted rules was determined to be subject to removal and impound by authority of Property Owner or Property Owner's authorized agent.

NOW, THEREFORE

In consideration of the mutual covenants set forth herein and other good and valuable consideration, the parties agree as follows:

1. AUTHORIZATION

Property Owner hereby authorizes Impound Agent to remove, tow and impound the vehicle described in this Report from the Property and place the vehicle in Impound Agent's lawful storage facility. This authorization is limited to vehicles in violation of Property Owner's posted restrictions or trespassing laws and is effective for the incident described in Section 3 below.

2. IMPOUND PROCEDURE

Impound Agent shall act in accordance with all applicable local and state statutes governing private property impounds, including providing notice to the registered owner where required, maintaining an inventory of the vehicle and personal property, and preserving photographic and written evidence of the condition and location of the vehicle at the time of removal.

3. VEHICLE IDENTIFICATION AND CIRCUMSTANCES

Location on Property: . Date of Observation: . Time Observed: .

Unauthorized parking / No permit    Blocking access / fire lane    Abandoned vehicle    Other:

4. TOWING, STORAGE AND FEES

Impound Agent shall tow and store the vehicle at the following facility: , Address: .

Impound Agent shall document charges and provide the registered owner notice prior to disposition as required by law. Owner or lienholder shall be responsible for payment of towing, storage and authorized administrative fees prior to release, subject to statutory limitations.

5. NOTICE

Notice to Registered Owner: Impound Agent shall attempt to provide notice to the registered owner at the following contact(s) if known. Registered Owner Name: . Owner Contact Phone: . Owner Contact Address: .

Notice Provided By: . Method of Notice: . Date Notice Sent: .

6. CHAIN OF CUSTODY / EVIDENCE

7. LIABILITY, INDEMNIFICATION AND REPRESENTATIONS

Impound Agent represents that it is duly authorized and licensed to perform towing and storage and maintains insurance in amounts sufficient to meet statutory requirements. Property Owner represents that it has the right to authorize removal pursuant to the notices and signage in place at the Property. Each party shall indemnify, defend and hold the other harmless from and against any third-party claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising from the indemnifying party's breach of this Report or negligent acts or omissions in connection with the impound, except to the extent caused by the indemnitee's negligence or willful misconduct.

Notwithstanding the foregoing, Impound Agent shall not be liable for loss or damage resulting from (a) theft or vandalism occurring prior to recovery; (b) latent defects in the vehicle; or (c) personal property left in plain view that is not properly inventoried, except for willful misconduct or gross negligence by Impound Agent.

8. RECORDS, RETENTION AND REPORTING

Impound Agent shall maintain complete records of the impound incident, including photographic evidence, written logs, invoices, and chain of custody records, for a minimum of years or as otherwise required by law.

9. MISCELLANEOUS

Governing Law: This Report shall be governed by and construed in accordance with the laws of the state in which the Property is located. Venue for any action arising out of this Report shall be in the appropriate court in the county where the Property is situated.

Entire Agreement: This Report constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings between the parties.

Severability: If any provision of this Report is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and the parties shall negotiate in good faith to agree a valid substitute provision.

Notices: All notices required or permitted under this Report shall be in writing and delivered to the contact information set forth below or to such other address as a party may designate in writing. Notice shall be deemed given when delivered in person, sent by certified mail, or sent by commercial courier with tracking.

Amendments and Waiver: No amendment or waiver of any provision of this Report shall be effective unless in writing and signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver of that right.

Counterparts: This Report may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic transmission shall be effective.

CERTIFICATION

The undersigned certify under penalty of perjury that they are authorized to execute this Report on behalf of the party for whom they sign, that the statements contained herein are true and correct to the best of their knowledge, and that the impound was authorized or undertaken in accordance with the legal authority asserted.

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