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This is a monthly lease for storage beginning the date first written above. The first month's rent is hereby acknowledged. Each succeeding month's rent is due and payable on the FIRST day of each succeeding month until terminated by either OWNER or OCCUPANT in writing.
1. This self-storage facility is operated in accordance with the Vermont Self-Storage Facility Act, Sec. 2. 9 V.S.A Chapter 98 and any other applicable Vermont law.
2. PREMISES AND RENTAL AGREEMENT: OWNER hereby rents to OCCUPANT, and OCCUPANT rents from OWNER the unit/space, collectively and herin called the "premises" located within the self-storage facility named above. The premises shall be used solely for the purpose of storage pursuant to the terms and conditions of this rental agreement, and, if applicable, the titled property addendum, collectively herein called the "agreement," and for no other purpose whatsoever.
3. TERM AND TERMINATION: The term of the agreement shall commence on the date set forth above and automatically continue on a month to month basis on the same terms and conditions as the previous month, unless and until OCCUPANT has removed his personal property from the premises and has given written notice thereof to OWNER AT LEAST TEN (10) DAYS IN ADVANCE OF VACATING DATE. OWNER may terminate this agreement with cause, if OCCUPANT breaches any condition of this agreement including, but not limited to, non-payment of rent, by notifying the OCCUPANT in writing ten (10) days in advance of the termination date. OWNER may terminate this agreement without cause by giving OCCUPANT thirty (30) days written notice prior to termination date.
4. RENTAL TERMS AND MOVE-IN COSTS: OCCUPANT agrees to pay rent to OWNER as set forth above, provided, however, that all rental rates shall be subject to change upon 30 days written notice to OCCUPANT, and at the expiration of such 30-day period, the rental rate shall thereupon be effective as if set forth in this agreement. All rental is payable in advance. The minimum rental term is one month. If the agreement begins on or before the 25th of the month the first payment due at the time of rental shall be for the prorated balance of the current month remaining plus a performance deposit. If the agreement begins after the 25th of the month the first payment due at the time of rental shall be for the prorated balance of the current month remainin, plus the next full month's rent plus a performance deposit. Subsequent monthly rental payments are due on or before the first day of each subsequent month until this agreement is terminated. Rental payments are not refundable. The performance deposit paid by OCCUPANT to the OWNER shall not be applied as rent, will not accrue interest and the OWNER will not segregate the performance deposit from other funds. The performance deposit is refundabale upon OCCUPANT'S removing his personal property from the premises in a timely fashion at the expiration of the term hereof, leaving the premises in a neat and orderly condition with ordinary wear and tear expected, and having met all other terms and conditions of this agreement including removing OCCUPANT'S locking device. OCCUPANT will be responsible for additional rent for as long as OCCUPANT'S locking device is on the unit. Performance deposit will be returned by U. S. Mail within 10 days of termination. OWNER may also charge a non-refundable administrative charge at the time of rental.
5. STATEMENTS, NOTICES AND MANDATORY SERVICE CHARGES: It is expressly understood and agreed that OWNER is not required to nor does OWNER send out monthly statements or reminders of rental due dates. Notification will only be given when rent is delinquent. A list of mandatory service charges is listed above. All service charges are due without prior notice as additional rent to deray clerical and administrative expenses incurred by the OWNER. Time is of the essence and in the event any rental and/or service charge is due and unpaid, the OWNER may terminate this agreement by reason of default in the payment of rent. OWNER has the right to require all past due payments be made in cash, money order or cashiers check.
6. OWNER'S LIEN AND DENIAL OF ACCESS: The OWNER shall have a possessory lien upon all personal property located within a storage space within this self-storage facility for rent, labor or other charges, present or future, in relation to the personal property, and for expenses relevant to its preservation or expenses reasonable incurred in its sale pursuant to Chapter 98. Storage Units. The lien attaches as of the date the personal property is brought to or placed in a regular storage space at this self-storage facility. The OWNER may deny OCCUPANT access to the premises or self-storage facility if they have been in default continuously for a period of twenty-one (21) days. A notice will be sent to the last known address of the OCCUPANT informing them they have benn denied access and that the OWNER intends to proceed with enforcement of their lien in accordance with the Vermont Self-Storage Facility Act. For purposes of OWNER'S lien: "personal property" means movable property, not affixed to land, and includes, goods, merchandise and household items. The OCCUPANT is required to disclose in writing the existence of any lien on any stored personal property prior to the commencement of storage. "Last known address." means that address provided by the OCCUPANT in the latest rental agreement or the address provided by the OCCUPANT in a subsequent written notice of change of address. "Default" as used in this agreement means the failure of the OCCUPANT to perform in a timely manner any obligation or duty set forth in this agreement.
7. AGREEMENT READ, COPY RECEIVED AND INCORPORATION OF PROVISIONS ON REVERSE SIDE: By placing his initials in the margin here, OCCUPANT acknowledges that he has read, is familiar with, and agrees to (a) all of the terms and conditions of this agreement, (b) the provisions printed on the reverse part of this agreement and are hereby incorporated by reference, including the reviewing of all bold-faced items. OCCUPANT acknowledges receipt of the rules and regulations of this self-service storage facility, a true and exact copy of this agreement, and, if applicable, the titled property addendum.
8. INSPECTION: OCCUPANT has been afforded an opportunity to inspect the self-sevice storage facility, and by placing his initials in the margin, ackknowledges and agrees that the premises and the common areas of the self-service storage facility are satis factory for OCCUPANT'S purposes, including the safety and security thereof, for which OCCUPANT shall used the premises or the common areas of the self-service storage facility. OCCUPANT shall be entitled to access the premises and the common areas of the self-service storage facility only during such hours and on such days as are regularly posted within the self-service storage facility.
9. NON-LIABILITY OF OWNER FOR DAMAGES; INSURANCE OBLIGATION OF OCCUPANT: This agreement is made on the express condition that OWNER is to be free from all liability and claim for damages by reason of injury or damages of any kind to any person, including OCCUPANT, or personal property of any kind whatsoever and to whomever belonging, including OCCUPANT, from any cause or causes whatsoever while in, upon, or in any way connected wit the self-service storage facility during the term of this agreement or any extension hereof, except injuries caused by an affirmative act of OWNER or OWNER'S AGENT, and OCCUPANT hereby agrees to hold OWNER harmless from any liability, loss, cost (including, without limitation, attorneys fess) or obligation on account or arising out of any such injuries or losses however occuring, and OCCUPANT agrees that OWNER'S liabilities for damange occasioned by it or its agent shall be limited to the sum of $100.00.
The OWNER does not provide insurance on the stored personal property against loss or damage. The OCCUPANT must provide his own insurance for any personal property stored.
Insurance carried by the OWNER shall be for the sole benefit of the OWNER. The OCCUPANT shall make no claim whatsoever against OWNER'S insurance. Therefore, OCCUPANT secures his own insurance to protect himself and his personal property against all perils of any nature whatsoever. OWNER shall not be liable to any extent whatsoever to OCCUPANT or OCCUPANT'S invitees, family, employees or agents or any personal injury or personal property damage or loss from theft, vandalism, civil disturbances, fire, smoke, water, mold, mildew, rodents, hurricanes, rain, flooding, rising water, tornadoes, explosions, earthquakes, acts of God or any cause whatsoever.
10. RELEASE OF LIABILITY: The OCCUPANT hereby releases the OWNER from loss of or damage to OCCUPANT'S personal property due to theft, vandalism, civil disturbances fire, smoke, water, mold, mildew, rodents, hurricanes, rain, flooding, rising water, tornadoes, explosions, earthquakes, acts of God or any cause whatsoever. OCCUPANT agrees that personal property stored is at the sale risk of the OCCUPANT.
11. WAIVER: The OCCUPANT agrees to waive OCCUPANT’S right to a jury trial, and agrees not to bring forth or participate in any class-action lawsuit brought against the OWNER.
12. NO BAILMENT IS CREATED HEREUNDER: OWNER is not a warehouseman engaged in the business of storing goods for hire, and all personal property stored within the self-service storage facility by OCCUPANT is at OCCUPANT'S sole risk. OCCUPANT acknowledges the OWNER does not take care, custody, control, possession or dominion over the personal property stored within the self-service storage facility and does not agree to provide protection for the self-service storage facility, the premises or the contents therein. OCCUPANT must take whatever steps he deems necessary to safeguard stored personal property. OCCUPANT assumes full responsibility for who has access to the OCCUPANT'S stored personal property.
13. INDEMNIFICATION AND HOLD HARMLESS: OCCUPANT agrees to indemnify, defend and hold harmless the OWNER from and against any and all claims for damaged or lost personal property or personal injury and costs including attorney's fees arising from OCCUPANTS rental or from any activity, work, or thing done, permitted or suffered by OCCUPANT while within the self-service storage facility.
14. WAIVER OF SUBROGATION: OCCUPANT agrees to waive his rights and the rights of his insurance company for any claim for loss or damages against the OWNER.
15. COMPLIANCE WITH LAW: OCCUPANT shall not store any personal property which shall be in violation of any other law or requirement imposed by any Board of Health, Sanitary Department, Police Department or other government or governmental agency or in violation of any other legal requirements, or do any act or cause to be done any act which creates or may create a nuisance and/or hazard.
16. USE AND ALTERATIONS: OCCUPANT shall not make or allow any alterations to the premises. The premises shall be used for approved storage purposes only, including, but not limited to the storage of goods, wares, merchandise, furniture and household items owned by OCCUPANT. The OCCUPANT will not use the premises as a residence. The OCCUPANT agrees to comply with the rules and regulations of the OWNER, and further agrees the OWNER shall have the continuing right to amend such rules and regulations from time to time as the OWNER in his sole discretion shall deem proper, and the OCCUPANT agrees to comply with such amendments within a reasonable time following notification of such amendments
17. WASTE, QUIET CONDUCT, MAINTENANCE: OCCUPANT shall not commit, or allow to be committed, any waste upon the premises or in any building or property adjacent to the premises, nor shall OCCUPANT use the premises for any business use or purpose in any manner deemed by the OWNER to be disreputable or hazardous. The storage of welding, flammable, explosive or other inherently dangerous material is prohibited. OCCUPANT shall take good care of the premises, whether to the interior or exterior of the premises, necessitated or occasioned by the act or neglect of OCCUPANT or any agent of OCCUPANT or other person for whose acts OCCUPANT is responsible.
OCCUPANT shall not cause or permit any hazardous substance or any highly corrosive, toxic, or pollutant type materials to be stored, used, generated, or disposed of within the self-service storage facility by OCCUPANT, OCCUPANTS AGENTS, EMPLOYEES or INVITEES. If hazardous substances are stored, used, generated, or disposed of within the self-service storage facility, or if the premises become contaminated in any manner for which the OCCUPANT is legally liable, OCCUPANT shall indemnify and hold harmless the OWNER from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums paid for settlement of claims, attorney's fees, consultant and expert fees, arising during or after the term of this agreement and arising as a result of that contamination by OCCUPANT. Without limitation of the foregoing, if OCCUPANT causes or permits the presence of any hazardous substance within the self-service storage facility and the presence of any hazardous substance results in contamination, OCCUPANT shall promptly, at its sole expense, take any and all necessary actions to return the self-service storage facility to the condition existing prior to the presence of such hazardous substance. .
18. LOCKING DEVICE: At all times during the occupancy, the OCCUPANT will provide, at OCCUPANT'S own expense, a locking device for the premises that OCCUPANT, in OCCUPANT'S sole discretion, deems sufficient to secure the stored personal property. Although there may be a place on the door of the premises for a second locking device, OCCUPANT is only permitted to use a single locking device. OWNER has the right, as he deems necessary, or at the request of any governmental authority, to remove such locking device by Gutting or any other means. In the event any authorized governmental agency or authority should demand access to OCCUPANT’S personal property for any reason, OCCUPANT will be promptly notified, via certified mail. If OWNER or any authorized governmental agency removes OCCUPANT’S locking device, the OWNER may elect to secure the OCCUPANT’S personal property with OWNER'S overlock until the OCCUPANT can inspect the personal property and provide a new locking device to secure the premises. The OWNER or any authorized governmental agency shall not be held liable for the replacement of any locking device that is damaged by forced entry. When the OCCUPANT’S locking device is removed by OWNER or any authorized governmental agency, and OWNER'S overlock remains on the premises, said action does not constitute Bailment in any manner. This action by OWNER is a temporary measure until OCCUPANT can inspect and provide a new locking device to secure the stored personal property.
19. ABANDONMENT OF OCCUPANT'S PERSONAL PROPERTY: Any personal property that remains in or around the OCCUPANT'S premises after the expiration or termination of this agreement shall be deemed to have been abandoned and that the same has no monetary value, and such personal property may be retained by OWNER as their property or disposed of in such manner as OWNER may see fit. The OWNER may also deem, at OWNER'S sole discretion, the personal property abandoned if the OCCUPANT removes the locking device from the premises. By contract the OCCUPANT is required to utilize a locking device at all times. If said abandoned property or any part thereof is sold, OWNER may receive and retain the proceeds of such sale and apply the same, at its option, against the expense of the sale, the cost of moving and storage, and any arrears of rent or additional rent payable hereunder and damages to which owner may be entitled. If the owner deems the personal property to have no saleable value; the OWNER may dispose of the personal property at OCCUPANT'S expense. .
20. OWNER'S RIGHT OF ENTRY: OCCUPANT grants OWNER, OWNER'S agents or representatives of any authorized governmental authority, including police and fire officials, access to the stored personal property upon (3) days advanced written notice to the OCCUPANT. In the event of an emergency, OWNER, OWNER'S agents or representatives of any authorized governmental authority, including police and fire officials, shall have the right to enter the premises to take action as necessary or appropriate to protect the self-service storage facility, to comply with applicable law or to enforce the OWNER'S rights without advanced notice to OCCUPANT. An emergency, as used in this agreement shall be defined as any event which jeopardizes the health, safety and/or well being of the self-service storage facility and its customers or any appurtenant buildings, land or chattel stored within the self-service storage facility. Following the emergency the OWNER shall promptly notify the OCCUPANT that access to the premises was made so the OCCUPANT can inspect and provide a new locking device, if needed, to secure the stored personal property.
21. SALE OF CONTENTS: In the event of default in the payment of rent or other charges specified in this agreement or if OWNER determines the stored personal property abandoned by the OCCUPANT, the OWNER'S claim of lien shall be enforced in accordance with the Vermont Self-Storage Facility Act. Sec.2.9 V.S.A Chapter 98 or any other applicable Vermont law. Any sale or disposition of a motor vehicle shall be performed pursuant to chapter 21 of Title 23 and any sale or disposition of a vessel, snowmobile, or all-terrain vehicle shall be performed pursuant to chapter 36 of Title 23.
22. NO WARRANTIES: OWNER hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the self-service storage facility and OCCUPANT hereby acknowledges, as provided in article 8 on the reverse side, the OCCUPANT has inspected the premises and hereby acknowledges and agrees that OWNER does not represent or guarantee the safety or security of the self-service storage facility and the premises located therein or any personal property stored therein. This agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. No representative of OWNER is authorized to make any representations or warranties except as expressly set forth herein.
23. ACCEPTANCE OF PAYMENT OF RENT: The OWNER has the right to reject or accept any partial payment of rent. OWNER may accept a partial rent payment, while the OCCUPANT is in default, however the OCCUPANT’S status will remain in default from the date the payment in full was due, and any such payment on account will not constitute a waiver of OWNER'S rights to proceed with foreclosure and sale of the stored personal property as provided by Law. The OWNER reserves the right to require any past due payment be made in cash, cashier’s check, or money order.
24. ASSIGNMENT: OCCUPANT shall not assign or sublease the premises or any portion thereof. Any attempt to assign or sublease shall be void.
25. ACCESS CONTROL MEASURES: This self-service storage facility utilizes various access control measures designed to deter unauthorized access to the self-service storage facility. However, OCCUPANT acknowledges these access control measures may be circumvented or may fail and the OWNER does not warranty or guarantee the effectiveness of the measures undertaken to prohibit unauthorized access.
26. SPACE SIZE: OCCUPANT understands advertised space sizes are approximate and for comparison purposes only. The space rented by OCCUPANT may be smaller or larger than advertised. The space is not rented by the square foot, and rent is not based on square foot measurements.
27. COVENANT OR CONDITION WAIVER: The waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition upon any subsequent breach of the same term, covenant or condition. Any subsequent acceptance of performance shall not be deemed to be a waiver of any preceding breach of any term, covenant or condition of this agreement, other than the failure to perform the particular duties subsequently accepted, regardless of knowledge of such preceding breach at the time of acceptance of such performance.
28. BANKRUPTCY AND OTHER LEGAL PROCEEDINGS: In the event the OCCUPANT should file a voluntary petition in bankruptcy or if the OCCUPANT becomes subject to any other type of legal action or proceeding where the right to occupy the premises is an issue, the OCCUPANT agrees to notify the OWNER in writing within three (3) days via certified mail return receipt requested to the address shown on the reverse side of this agreement. OWNER shall have the right to recourse against the OCCUPANT to the fullest extent allowed by law. The filing of bankruptcy does not automatically void this agreement.
29. ATIORNEY'S FEES, COSTS, AND THIRD PARTY COLLECTIONS: In the event any legal action is instituted, or other legal proceedings are taken to enforce any covenant herein contained or to recover any rent due or to recover possession of the premises for any default or breach of this agreement by OCCUPANT, OCCUPANT Shall pay OWNER'S reasonable attorneys' fees, costs and expenses. In the event of default OCCUPANT agrees that the OWNER has the right to provide a third party collections agency with the OCCUPANT’S contact information to collect rent and/or other charges incurred by the OWNER under this agreement. The OCCUPANT will also be responsible to pay any associated costs incurred by the OWNER with respect to the engagement of such third party collection agency.
30. SUCCESSORS: All the provisions shall apply to the heirs, executors, representatives, successors and assigns of the OCCUPANT and of the OWNER.
31. NUMBER AND GENDER: Wherever the context of this agreement appears to require it, the singular number shall include the plural, and vice versa, and the masculine gender shall include the feminine and/or neuter genders, and vice versa.
32. CONSTRUCTION: This agreement has been reviewed and negotiated and as terms and provisions explained to OCCUPANT. Accordingly, OCCUPANT agrees this agreement shall not be construed for or against either OWNER or OCCUPANT.
33. SEVERABILITY: In the event that any of the provisions or portions thereof of this agreement are held to be unenforceable, invalid, void or illegal, by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions or portions hereof shall not be affected or impaired thereby.
34. NOTICES: OCCUPANT agrees to give prompt written notice to OWNER of any change in OCCUPANT'S address and any change in the liens and secured interests on OCCUPANT'S stored personal property. Said written notice to the OWNER shall be. a) personally delivered to OWNER'S representative at OWNER'S office, b) by mailing the notice by certified mail, return receipt requested, with postage prepaid to the OWNER to the mailing address on the reverse side, or c) by mailing the notice first-class mail to the mailing address on the reverse side. If notification option "c" is chosen. then it is OCCUPANT’S duty to confirm receipt of notice with the OWNER, and verify that all applicable records have been updated.
35. VALUE LIMIT: OCCUPANT agrees not to store personal property With a total value in excess of $5,000.00 without prior written consent of OWNER, which consent may be withheld in OWNER'S sole discretion and, if such written consent is not obtained, the total value of OCCUPANT’S personal property shall be deemed not to exceed $5,000.00. OCCUPANT further agrees the maximum liability of OWNER to OCCUPANT for any claim or suit by OCCUPANT, including but not limited to any suit that alleges wrongful or improper foreclosure or sale of the contents of a storage space, is $5,000.00. Nothing in this section shall be deemed to create any liability on the part of the OWNER to OCCUPANT for any loss or damage to OCCUPANT’S personal property, regardless of cause.
36. EMOTIONAL LOSS: OCCUPANT agrees not to store collectibles, heirlooms, jewelry, works of art or any personal property having special or sentimental value to OCCUPANT. Nothing herein shall constitute any agreement or admission by the OWNER that OCCUPANT’S stored personal property has any value. OWNER shall not be liable for any loss occasioned by or resulting from emotional distress.