Mountain Storage Management, LLC dba Miller Storage, Grand Central Storage, Highway 34 Storage, The Fort Storage, Red Mountain Storage, Sub Lessor

Transcription

1 Mountain Storage Management, LLC dba Miller Storage, Grand Central Storage, Highway 34 Storage, The Fort Storage, Red Mountain Storage, Sub Lessor Grand County: PO Box 400, Tabernash, CO Clear Creek County: P.O. Box 142, Dumont, CO RENTAL AGREEMENT Rental Agreement Start Date: Rent Due Per Term: Unit Type/Location: Unit #: Gate Code: Occupant: Name: Cell Phone: Home/Business Phone: Mailing Address: City, State, ZIP: Address: Driver s License #: State: Emergency Contact: Emergency Contact Phone: *Note-No Hazardous substances, Marijuana or illegal goods. DISCLOSURE OF LIEN HOLDERS: Please provide below the name and address of any lien holder with an interest in the property that you will be storing in the rented storage space. Occupant hereby agrees to immediately update this Lien Holder information at any time should a lien be placed on any of Occupant s stored property. Property Description: Name: Phone:

2 Mailing Address: City, State, ZIP: Unit Premises/Location: Charges for Unit: Monthly Rent (Due on 1st of Month) $30 Security Deposit $10 Late Charge due after 5th of the Month $20 Additional Lock-out Charge due after the 15 th of the Month $35 returned check charge $55 Lien Search and Inventory after 45 days late $100 Lien Foreclosure and Sale This Rental Agreement (this Agreement ) is entered into on between Mountain Storage Management, LLC dba Miller Storage, Grand Central Storage, Highway 34 Storage, The Fort Storage, Red Mountain Storage, Sub Lessor as ( Operator ) and the Occupant as shown above ( Occupant ). In consideration of the promises contained herein, Operator hereby leases to Occupant a storage unit identified above (the Unit ) located on the property identified above (the Premises ) with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created by this Agreement. Occupant has thoroughly inspected the Unit and the common areas of the property within which the Unit is located and agrees that it is satisfactory for Occupant s purposes. 1. Rent and Deposit. A. Occupant agrees to pay monthly rent, in advance, as shown above on the 1st day of every month. Prior to or upon delivery of the Unit, Occupant shall pay the prorated first months rent. OPERATOR DOES NOT SEND OUT MONTHLY STATEMENTS; OCCUPANT IS RESPONSIBLE FOR MAKING EACH MONTHLY PAYMENT ON TIME. NO REFUND WILL BE ISSUED FOR ANY PREPAID RENT EVEN IF OCCUPANT DOES NOT OCCUPY OR MOVES OUT OF THE UNIT BEFORE THE TERMINATION OF THE AGREEMENT. Occupant shall pay a security deposit as shown above upon the execution of this lease to secure Occupant s performance of the terms and conditions of this Agreement. In the event that any sums due under this Agreement are not received by the 5th of the month in which sums are due, Occupant shall pay late fees as shown in the Charges Section. All sums received hereunder shall be applied first to late charges and the administrative fees, expenses and charges due hereunder, then to the oldest delinquent rental payments, and the balance, if any, to payment of current rental charges. If no other form of payment is received by the 5 th of the month that rental payment is due, Occupant hereby authorizes

3 Operator to charge the above provided credit card for the monthly amount then due plus a $5 administrative fee. B. Security Deposit. Occupant understands that the security deposit will not be refunded: I) if there is any unpaid rent or costs which are due to Operator, 2) if occupant is in default, 3) if occupant has not given proper notice of termination (see Section 2.), or has violated any provisions of this agreement, 4) if unit is damaged, has debris or is not in broom swept and cleaned condition when the occupant vacates the Unit. If Occupant is not in default hereunder, the balance of the deposit will be returned to Occupant without interest within three (3) weeks after the termination of this rental agreement. In the event of a violation whereby the Operator finds it necessary to apply the deposit to offset such costs, Occupant agrees to replace the deposit upon notice from Operator. Operator's use of the security deposit does not mean that Operator may not pursue any other legal remedies it may have against Occupant. 2. Term, Termination and Vacating. This Agreement constitutes a month to month lease which may only be terminated by either party, effective the day before the next monthly due date ( Termination Date ), by notifying the other party in writing at least 30 days prior to the Termination Date. In the event of Notice of Termination given by Occupant, all personal property shall be removed from the Unit and all locks removed from the unit door (s) on or before the Termination Date or this Lease will be deemed extended until the last day of the following month. In case of violation by Occupant of any provision of this Agreement or by condemnation, fire, or other disaster, Operator may immediately terminate this Agreement and order Occupant to remove all the contents of the Unit. Occupant shall return the Unit in broom clean condition and shall be liable for any damage to the unit as well as being charged the cost of a disposal service to remove any debris and cleaning required in the Unit. This Agreement shall automatically terminate if Occupant abandons the Unit, which occurs if Occupant has removed substantially all of the contents of the Unit and/or has removed Occupant s locking device from the Unit. In the event of Termination by abandonment, 1) Operator may remove and dispose any remaining contents of the unit at Occupant s expense with no requirement of Operator to sell such items at fair market value or otherwise or deliver proceeds of such sale to Occupant, and 2) any sums due Operator shall still be subject collection. 3. Liability. Operator or Operator s agents, affiliates, authorized representative, and employees ( Operator s Agents ) shall not be responsible to Occupant or any other person for any loss, liability, expense, claim, damage to property or injury to person ( Loss ) from any cause, including without limitation, Operator s and Operator s Agents active or passive acts, omissions, negligence, trespass or conversion, unless the Loss is directly caused by Operator s fraud, willful injury, or willful violation of the law. Occupant shall indemnify and hold Operator and Operator s Agents harmless from any loss incurred by Operator or Operator s Agents in any way arising out of Occupant s use of the Unit. Occupant expressly agrees that the carrier of any insurance obtained by Occupant shall not be subrogated to any claim of Occupant against Operator or Operator s Agent.

4 Occupant agrees to inform its insurance carrier of this waiver of subrogation and Occupant shall obtain and deliver appropriate certificates to Operator evidencing the same. 4. Risk of Loss and Insurance. Operator is not a bailee and does not take care, custody, control, possession or dominion over the contents in or on the rented space. The Unit is furnished without any security guards, alarms, or other security. Operator is not liable for any Loss to property or person incurred by Occupant, his agents, employees, or other persons due to any cause whatsoever, including without limitation, fire, theft, vandalism, vermin, or damage by the elements. Operators do not warrant that the Premises are fireproof or that the contents of such Unit cannot be damaged or destroyed by fire. Occupant expressly understands that the Unit is located in a mountain climate that is subject to harsh climate conditions and Operator is not liable for any damage to person or property caused by temperature, water, or ice either in or around the Unit. All property is stored by Occupant, at Occupant s sole risk. Insurance is the responsibility of Occupant and Occupant understands that Operator does not insure Occupant s property. 5. Use. The use of the Unit is for storage only and Occupant shall not conduct any business from, or human or animal habitation of, the Unit. Occupant hereby expressly agrees not to use the Unit for any unlawful purpose nor permit action in or upon the Unit that increases fire hazard beyond that which exists by reason of ordinary occupancy of the Unit for storage purposes. Occupant shall not store perishable, flammable, explosive, corrosive, hazardous, or environmentally dangerous materials or other illegal or controlled substances in the Unit. Occupant shall only store personal property belonging to the Occupant. Occupant agrees and acknowledges that the premises are not suitable for the storage of precious, invaluable or irreplaceable property such as (but not limited to) heirlooms, books and records, writings, works of art, or objects, which have special emotional or sentimental value to Occupant. Occupant will be liable for all acts of any and all individuals to whom Occupant allows access to the Unit or Premises and will indemnify and defend Operator against all claims or damage arising as a result of such acts. Access to the Unit shall be restricted to the posted hours of operation of the Premises, which may be changed from time to time by Operator. Occupant agrees to make no alterations to the Unit without the Operator's prior written approval. Occupant will not use any electricity in the Unit, except Occupant may light the unit, if electricity is available, while Occupant is physically in the Unit, and will reimburse Operator twice the cost of such electrical expense if Occupant uses any other electricity for any other purpose, without Owners written approval. Occupant agrees to pay ten dollars per time for each time Occupant fails to turn off any light inside the Unit when Occupant is not at the Unit. 6. Default. Should Occupant fail to perform each and every term of this Agreement in a timely manner as provided herein, Occupant shall be in default. In the event of Occupant s default, Operator shall have all of the remedies as provided in Title 38, Article 21.5, Colorado Revised Statutes, as amended. In addition to and concurrent with any

5 remedies provided by law or at equity to secure and collect rent, Operator shall have a lien upon all of Occupant s property at any time stored in said Unit as collateral security for the rent and other charges due hereunder, and for Operator s labor and other charges, present or future, incurred in connection with Occupant s property and for its preservation, sale or other disposition as provided by law. In case of non-payment of rent by Occupant, Operator may deny the Occupant access to the Unit by placing Operator s lock on the door of the Unit or remove the property to a place of safekeeping and charge a fee therefore, without incurring any liability for trespass or conversion. Additionally, Occupant will be charged administrative costs shown in the Charges section of this Agreement whether or not a sale or other disposition of Occupant s property occurs as provided herein. Operator s remedies include, among other things, selling or disposing of the property stored in the Unit. In the event that Occupant is more than 30 days past due on any charge, Operator shall have the right to remove Occupant s lock and to sell or otherwise dispose of Occupant s property stored therein in accordance with Colorado law. 7. Changes to this Rental Agreement. Operator may change any and all terms of this Agreement, including without limitation, monthly rental rates and conditions of occupancy, by giving thirty (30) days written notice to Occupant prior to the effective date of such change. In the event of such change, Occupant may terminate this Agreement by giving Operator ten (10) days written notice and vacate the Unit prior to the effective date of the change. If the Occupant fails to terminate this Agreement and vacate the Unit as provided in this paragraph, Occupant shall be deemed to have accepted and be bound by such change. 8. Lock and Key. Occupant shall lock the Unit at all times with no more than one lock. Occupant is to furnish his own lock and key at his sole expense. The lock shall be subject to the approval by Operator. Occupant agrees within forty-eight (48) hours of written notice from Operator, to unlock and open the Unit for inspection, repairs, or alterations by Operator, its representatives, or any representative of any governmental agency requesting entry to the premises, and in the event of Occupant's failure or neglect to do so, Operator, or its representatives, shall have the right to remove such lock and enter into the Unit, and to place thereon its own lock and retain a key thereto. The Operator retains the reasonable right to enter the Unit without notice at any time and by any means including without limitation the cutting and removal of occupant s lock in the case of an emergency. Operator will have the right to relocate the Occupant upon a ten days prior written notice of its intent to relocate Occupant. 9. Attorneys Fees and Costs. Occupant shall pay to Operator any and all expenses and costs, incurred by Operator in enforcing the terms and conditions of this Agreement, including, but not limited to, attorney s fees, and administrative time incurred by Operator in collecting any and all sums due hereunder. In the event that payments are not received when due, charges will be assessed as shown above. If suit is brought, the losing party shall pay to the prevailing party all costs and expenses, including attorney s fees, incurred

6 by the prevailing party in enforcing the terms of this Agreement, or pursuing any of its remedies. 10. Miscellaneous. A) This Agreement represents the entire agreement between the parties and shall replace in its entirety any previous rental agreement concerning the Unit. No representative of Owner or Owner s Agents is authorized to make any representations warranties or agreements other than as expressly set forth herein. This Agreement may only be amended by a writing signed by the parties except as otherwise contained herein. B) The Occupant shall not assign this Agreement nor sublet any part of the premises without the prior written consent of Operator. C) Occupant agrees not to make or permit to be made any alterations to the Unit. D) This Agreement shall be governed by and construed under the laws of the State of Colorado. E) No waiver by Operator, its agents, representatives or employees, of any breach or default in the performance of any condition or term contained herein shall constitute a waiver of any subsequent breach or default in the performance of the same or any other contract, condition or term hereof. F) Occupant agrees to comply with the Operators Rules and Regulations, including any additional ones that Operator may adopt. Operator will place a copy of the Rules and Regulations in a conspicuous place on the Premises. G) All notices required or permitted to be given under this Agreement shall be personally delivered or given by first class mail to the addresses as contained in this Agreement (or at the address provided by either party to the other in a subsequent written notice of change of address) and shall be effective as of the date of personal delivery or mailing. Do NOT sign this agreement until you have read it and fully understood it and verified all the above information is true and correct. This agreement outlines your responsibilities and limits the Owner s Liability including for loss or damage to your stored property. If you have any questions concerning its legal effect, consult your legal advisor. NO REFUND WILL BE ISSUED FOR ANY PREPAID RENT EVEN IF OCCUPANT DOES NOT OCCUPY OR MOVES OUT OF THE UNIT BEFORE THE TERMINATION OF THE AGREEMENT I have read and understand the terms and conditions of this Agreement outlined below and agree to comply with them. Occupant Signature Date: Owner/Manager Date: