Storage Rental Agreement (Page 2 of 4) in pdf

any Rent is received after five (5) days from the Due Date, Occupant shall pay to Owner an additional sum of $20.00 as a late fee for each

month Rent is past due, such amount being considered liquidated damages. The Parties agree that these late charges represent a fair and

reasonable estimate of the costs the Owner shall incur by reason of late payment by Occupant. Owner shall not waive any rights under

the law for non-payment of Rent. Said late charges are due and payable by Occupant without demand from Owner. If any check is

dishonored for any reason, Occupant shall pay said late charges in addition to a return check charge of $35.00 as an NSF fee. If

Occupant’s property is processed for sale at public auction, Occupant shall be responsible for a $30.00 Auction Certification Fee at ninety

(90) days late Rent and a $60.00 Auction Advertising Fee seven (7) days before the scheduled auction. The Occupant shall pay all costs of

collection, which includes collection agency fees and court costs. If Occupant’s lock must be cut, Occupant shall pay for a Lock Cut Fee of

$35.00. Other fees charged to Occupant may be contained in Addendums to this Agreement.

Owner’s Right to Enter. In cases where the Owner considers it necessary to enter the Space for purposes of examining the Space for

violations of this Agreement or conditions in the Space, or for making repairs or alterations thereto, or to otherwise comply with this

Agreement, the Occupant agrees that the Owner, or the Owner’s representative, shall have the right without notice to enter into the

Space and to remove contents to another space, and continue to store such contents at the sole cost and expense of the Occupant.

Use of Space; Compliance with Law. The Space named herein shall be used by the Occupant solely for the purposes of storing personal

property belonging to the Occupant. The Occupant agrees not to store any explosives, or any flammable, odorous, noxious, corrosive,

hazardous or pollutant materials or any other goods in the Space or elsewhere on the property which would cause danger or nuisance

to the Space or any other portion of the Property. The Occupant agrees that the Space and the property will not be used for any

unlawful purposes or contrary to any law, ordinance, regulation, fire code or health code and the Occupant agrees not to commit waste,

nor to create a nuisance, nor alter, nor affix signs on the Space or anywhere on the Property, and will keep the Space and the Property in

good condition during the term of this Agreement. The Occupant agrees that the Space is not appropriate for the storage of jewels, furs,

heirlooms, art works, collectibles or other irreplaceable item having special sentimental or emotional value to the Occupant and

Occupant agrees not to store said items. The Occupant hereby waives any claim for sentimental or emotional value for the Occupant’s

property that is stored in the Space or on the Property. There shall be NO HABITABLE OCCUPANCY of the Space by humans or pets of any

kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate termination of this Agreement. If

hazardous substances are stored, used, generated, or disposed of in the Space or on the Property, or it the Space or the Property shall

become contaminated in any manner for which the Occupant is directly or indirectly responsible, the Occupant shall indemnify and hold

the Owner harmless from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all

sums incurred or paid for settlement of any such claims, including any attorney’s fees, consultant and expert fees, resulting from or

arising out of any contamination by the Occupant, whether incurred during or after the lease term. Occupant agrees not to conduct any

business out of the Space and further agrees that the Space is not to be used for any type of work shop, for any type of repairs, or for any

sales, renovations, decoration, painting, or other contracting. The Occupant will indemnify and hold the Owner harmless from and

against any and all manner of claims for damages or lost property or personal injury and costs, including attorneys’ fees arising from the

Occupant’s lease of the Space on the Property or from any activity, work or thing done, permitted or suffered by the Occupant in the

Space or on or about the Property.

Condition and Alteration of Space. Occupant assumes responsibility for having examined the premises and hereby accepts it as being in

good order and condition. Occupant understands that all unit sizes are approximate and enters into this Agreement without reliance on

the estimated size of the storage space. Should Occupant damage or depreciate the space, or make alterations or improvements without

the prior consent of the Owner, or require the Owner to incur costs to clean the Space upon termination, then all costs necessary to

restore the space to its prior condition shall be borne by Occupant. Owner has the right to declare any such costs to repair as “rent” and

non-payment of said costs to entitle Owner to deny Occupant access to the Space.

Limitation of Value. The Occupant agrees that in no event shall the total value of all property stored be deemed to exceed $5,000.00

unless the Owner has given permission in writing for the occupant to store property exceeding such value. The Occupant agrees that the

maximum liability of the Owner to the Occupant for any claim or suit by the Occupant including but not limited to any suit which alleges

wrongful or improper foreclosure or sale of the contents of a storage unit is $5,000.00. Nothing in this section shall be deemed to create

any liability on the part of the Owner to the Occupant for any loss or damages to the Occupant’s property regardless of cause.

Termination. This Agreement shall continue from month to month unless the Occupant or Owner delivers to the other party a written

notice of its intention to terminate the Agreement at least five (5) days prior to the end of the then current rental period. Owner may

immediately terminate Occupant’s lease if Occupant is in breach of the Agreement. Upon termination of this Agreement, the Occupant

shall remove all personal property from the Space (unless such property is subject to the Owners’ lien rights as referenced herein), and

shall deliver possession of the Space to the Owner on the day of termination. If the Occupant fails to fully remove its property from the

Space within the time required, the Owner, at its option, may without further notice or demand, either directly or through legal process,

reenter the Occupant’s Space and remove all property therefrom without being deemed guilty in any manner of trespassing or

conversion. All items, including boxes and trash left in the Space or on the Property after vacating will be deemed to be of no value to the

Occupant and will be discarded by the Owner at the expense of the Occupant. If a cost for removal is incurred, said cost will be

considered an ADDITIONAL CHARGE and shall be payable to Owner IMMEDIATELY. Rent prepaid for any period in which the Occupant

moves out early shall not be refunded.

10. Abandonment. This Agreement shall automatically terminate if the Occupant abandons the Space. If the Space remains vacant and

without a lock for a period of three (3) or more days it will be considered abandoned and revert to the Owner for re-rental. Any rented

space containing contents and without a lock for a period of seven (7) or more days will be considered abandoned and revert to the

Owner for re-rental. Abandonment shall allow the Owner to remove all contents of the Space for disposal. Occupant hereby waives and

releases any claims or actions against Owner for disposal of personal property resulting from Occupant’s abandonment.

11. No Bailment. THE OWNER IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT

IS CREATED BY THE AGREEMENT. THE OWNER EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER THE OCCUPANT’S STORED

PROPERTY. ALL PROPERTY STORED WITHIN THE SPACE OR ON THE PROPERTY BY THE OCCUPANT OR LOCATED AT THE FACILITY BY

ANYONE SHALL BE STORED AT THE OCCUPANT’S SOLE RISK. The Occupant must take whatever steps he deems necessary to safeguard

Storage Rental Agreement Page 2

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