Lease Agreement is as Follows
Lease Agreement
THESE FACILITIES ARE OPERATED IN ACCORDANCE WITH THE VIRGINIA SELF STORAGE FACILITY ACT #18.501-506. IF YOU DO NOT PAY YOUR RENT FOR THIRTY DAYS YOU MAY LOSE YOUR PROPERTY. THE OWNER HAS THE RIGHT TO SELL YOUR PROPERTY STORED IN THIS FACILITY TO COLLECT UNPAID RENT. 1. TERM- The term of the tenancy shall commence on the date indicated above and shall continue until terminated on a month-to-month basis. The minimum rental term is one month. All terms and conditions of this rental agreement shall continue so long as occupant retains possession of the space. 2. RENT- The rent shall be the amount stated above and made payable to Goshen Convenience at the address stated above. Rent is due on the 1st of each month, in advance and without order. OWNER reserves the right to require that rent and other charges be paid in cash, money order, or credit/debit. Owner, at OWNER’S discretion, may accept or reject partial rental payments. Acceptance of partial payments of rent by owner shall not constitute a waiver of the OWNER’S rights and OCCUPANT understands and agrees that acceptance of partial rental payment made to cure a default for non-payment of rent shall not delay of stop foreclosure on occupant’s property. ONLY FULL PAYMENT ON THE TENANTS ACCOUNT PRIOR TO THE PUBLISHED AUCTION DATE WILL STOP THE SALE OF PROPERTY. 3. ADDITIONAL RENTAL CHARGES AND FEES- Late payments that are dishonored cause owner to incur damages which are extremely difficult to measure and are not contemplated by this lease. Rent is due on the date specified in SECTION 2 and is delinquent the day immediately following the due date. If rent is not received by OWNER by the 5th day following the due date, or the occupant becomes subject to lien enforcement procedures under the Self Storage Facility Act, the unit will be overlocked with a company lock, and the occupant agrees to pay owner, as well as additional rent, late charges, and fees. In addition, occupant agrees to reimburse owner for all costs incurred by owner in enforcing the lien, including but not limited to, costs of removing locks, inventory of stored property, and reasonable storage costs as may be provided for by law. In the event of a satisfaction of the lien prior to sale, owner shall have 3 days thereafter in which to release liened property, which may have been removed or resecured during lien-enforcement. If occupant is in default for 30 days or if occupant is in lien status, ALL PAYMENTS MADE TO SATISFY OUTSTANDING AMOUNTS AND CHARGES SHALL BE PAID BY CERTIFIED CHECK, MONEY ORDER, OR CASH. All charges, default notice fees, late fees, court cost and attorney’s fees together with all other fees and charges set forth in this agreement incurred by owner in connection with the enforcement of the agreement shall be deemed “additional rent” payable by occupant to owner as provided in the agreement. 4. INSURANCE OBLIGATION- THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT’S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE OCCUPANTS RESPONSIBILTY TO RETAIN SUCH INSURANCE. Occupant, at the occupant’s expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism, and malicious mischief insurance for the actual cash value of the property. Insurance on occupants property is a material condition of this agreement and is the benefit of both occupant and owner. Failure to carry insurance is a breach of this agreement and occupant assumes all the risk of loss to stored property that would be covered by such insurance. Occupant expressly agrees that the carrier of such insurance shall not be subrogated to any claim of occupant against owner, owner’s agents or employees. 5. RELEASE OF OWNER LIABLITY- Property is stored under the supervision and control of occupant. Owner exercises neither care, custody, nor control over occupants stored property. No bailment is created by this agreement. Owner is not a warehouseman or engaged in the business of storing goods for hire. The exclusive care, custody, and control of any and all stored personal property stored in the leased space shall remain vested in the occupant, and all property stored within the space or occupant or located at the facility by anyone shall be stored at occupant’s own risk. AS A FURTHER CONSIDERATION FOR THE USE AND OCCUPANCY OF THE SPACE, OCCUPANT AGREES THAT OWNER, ITS AGENTS, EMPLOYEES, AND ASSIGNED SHALL NOT BE LIABLE TO OCCUPANT, HIS/HER AGENTS, GUESTS, LICENSES, OR INVITEES FOR ANY LOSS OR DAMAGE TO PROPERTY CAUSED TO THEM OR THEIR PROPERTY AS A RESULT OF THE USE AND OCCUPANCY OF THE SPACE OR STORAGE FACILITIES. IT IS FURTHER AGREED THAT ANY STORED PROPERTY IS PLACED IN THIS SPACE AT OCCUPANTS SOLE RISK. THE OWNER, OWNERS AGENTS, EMPLOYEES, AND ASSIGNS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE TO SAID PROPERTY FROM ANY CAUSE WHATSOEVER, INCLUDING THE ACTIVE OR PASSIVE ACTS, OMISSIONS, OR NEGLEGENCE OR OWNER, OWNERS AGENTS, EMPLOYEES OR ASSIGNS. OCCUPANT ACKNOWLEDGES THAT THE OWNER DOES NOT WARRANT THE RESPONSIBILTY THAT STORED PROPERTY WILL BE KEPT SAFE, NOR THAT IT WILL BE SECURED AGAINST HAZARDS CAUSED BY RODENTS, INSECTS, WATER, FIRE, MOLD, MILDEW, OR THE ELEMENTS OF WEATHER. IT IS AGREED BY OCCUPANT THAT THIS RELEASE OF OWNERS LIABLITY IS A BARGAINED FOR CONDITION OF THE RENT SET FORTH HEREIN AND THAT WERE OWNER NOT RELEASED FROM LIABILITY AS SET FORTH HERE, A MUCH HIGHER RENT WOULD HAVE TO BE AGREED UPON. 6. PERMITTED AND PROHIBITED USE OF SPACE- Occupant agrees to use space only for storage of property wholly owned by occupant. Occupant shall not store any motor vehicles in space without prior written owner consent. Occupant shall not conduct and governmental agency having jurisdiction or permit such actions to occur. Occupant is strictly prohibited from storing or using materials on the premises which are classified as hazardous or toxic under and state or federal law regulation and from engaging in any activities on site which produces such material. Occupants obligations of indemnity as set forth in SECTION 10 herein specifically includes any costs, expenses, fines or penalties imposed against the owner arising out of storage or use of any hazardous or toxic material by occupant, occupants agents, employees, invitees or guests. Occupant shall not use the premises for the storage of illegal substances, perishable or food items, explosives, paint, varnish, thinner, gasoline and/or other highly flammable materials. The rented premises shall not be used for the operation of any business, for manufacturing or production, or for human or animal occupancy. Pets shall not be brought on the premises or surrounding property. Occupant shall not do or permit to be done any act which creates or may create nuisance in connection with occupants use of the space. Trash or other materials shall not be left in or near the space. Occupant shall not make use of any electricity in the space for refrigeration, heating, or any other purpose of lighting other than the single light fixture that may or may not be provided in the space, which shall be used only for the purpose of lighting the space when the occupant enters the space, and the occupant shall turn off when leaving the space. 7. NOTICE OF LIEN- UNDER VIRGINIA STATUTES #18.501-506, ET SEQ., THE OWNER OF A SELF STORAGE FACILITY SHALL HAVE A LIEN UPON ALL PERSONAL PROPERTY, WHILE LOCATED AT A SELF SERVICE STORAGE FACILITY FOR RENT, OR OTHER CHARGES, PRESENT OR FUTURE, INCURRED FOR STORING SAID PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PERSONAL PRESERVATION OR EXPENSES REASONABLY INCURRED FOR STORING SAID PROPERTY, AND FOR DISPOSITION PURSUANT TO THIS ACT. THE LIEN PROVIDED FOR IN THIS SECTION IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTERSET; HOWEVER, ANY LIEN EXISTING PRIOR TO THE DATE THE PERSONAL PROPERTY WAS PLACED AT THE SELF SERVICE STORAGE FACILITY SUPERCEDES AND LIEN OF THE OWNER. THE LIEN ATTATCHED AS OF THE DATE THE PERSONAL PROPERTY IS PLACED AT THE SELF STORAGE FACILITY. ANY OWNER SHALL NOT BE LIABLE TO AN OCCUPANT OR THIRD PARTY FOT THE REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE OWNER BY THE OCCUPANT THAT THE PROPERTY PLACED IN THE LEASED SPACE WAS NOT THAT OF THE OCCUPANT. PRIOR TO PLACING ANY PERSONAL PROPERTY IN THE LEASED SPACE WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN ATTACHED, THE OCCUPANT IS REQUIRED TO NOTIFY THE OWNER, IN WRITING, OF THE NATURE AND IDENTIFY OF ANY PROPERTY PLACES IN THE LEASED SPACED AND NAME, ADDRESS, PHONE, AND EMAIL OF LIEN HOLDER. FOR THE PURPOSE OF OWNERS LIEN PERSONAL PROPERTY MEANS MOVABLE PROPERTY NOT AFFIXED TO LAND, AND INCLUDES, BUT IS NOT LIMITED TO, GOODS, MERCHANDISE, HOUSEHOLD ITEMS, MOTOR VEHICLES OR OTHER PROPERTY WITH OR WITHOUT A CERTIFIED TITLE. THE OWNERS LIEN IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST, EXCEPT THOSE WHICH ARE PERFECTED AND RECORDED PRIOR TO THE DATE OF THIS RENTAL AGREEMENT WHETHER WITHIN THE STATE AND COUNTY OR NOT, ACCEPT ANY TAX LIEN AS PROVIDED BY LAW. IT IS THE OCCUPANTS SOLE RESPONSIBILITY TO DISCLOSE THE EXISTENCE OF ANY LIEN ON ANY STORED ITEMS. LAST KNOWN ADDRESS MEANS THAT THE ADDRESS PROVIDED BY THE OCCUPANT AND THE LATEST RENTAL AGREEMENT OR THE ADDRESS PROVIDED BY THE OCCUPANT IN A SUBSEQUENT WRITTEN NOTICE OF CHANGE OF ADDRESS. 8. PERSONAL INJURY- Owner and owners agent shall not be liable to occupant for injury or death suffered by any person, including occupants guest or invitees occurring in or about the premises of storage space, or arising out of occupancy use of the premises or storage space, from any cause whatsoever, even if such injury or death is caused by the active or passive acts or omissions, or active or passive negligence of owner, or owners agents or employees. This release of liability specifically extends to any losses or injury resulting from any failure in any security systems or security procedures employed at the premises for any cause whatsoever. 9. LIMITATION OF VALUE- Occupant specifically agrees that, with the exception of property prohibited by this agreement, owner is not concerned with the kind, quality, or value of the goods stored. Occupant agrees not to store property with a total value in excess of $5000.00 without prior written consent, which consent may be reasonably be withheld and owner sole discretion and if such consent is not obtained, the total value of occupants property shall be deemed not to exceed $5000.00. Nothing herein shall constitute any agreement or admission by owner or manager that occupant stored property has any value, nor shall anything alter the release of owners liability set forth below. 10. INDEMNIFICATION- Occupant will identify, hold harmless, and defend owner from all claims, demands, actions, or causes of actions including attorneys fees and all costs whatsoever that are hereafter made or brought as a result of, or arising out of, occupants use of space and storage facility. This indemnity specifically includes, but is not limited to, all liabilities released by occupant in this lease. 11. CONDUCT- Should occupant appoint another person or organization to enter the storage space, occupant shall be responsible for the conduct of such person or organization. Owner shall assume that possession of a key is evidence of authority to enter occupants space. All information provided by occupant on this lease is confidential and will not knowingly be disclosed to anyone without occupants prior consent, except law enforcement purposes. 12. CONDITION OF SPACE/REPAIRS COMMENCEMENT AND TERMINATION- Occupant acknowledges that occupant has inspected the space and found the space to be in good repair and in clean sanitary condition. Occupant understands that all unit sizes are approximate and enters into this rental agreement without reliance on the estimated size of space occupant agrees to maintain the space in the same condition throughout the term of this lease. Occupant will immediately notify owner of any defect in this space. Occupant shall not build nor attach anything to the inside or outside walls, ceiling, or floors of the space. Upon termination of this lease occupant shall remove all occupants property from the space and shall immediately deliver possession of this space to owner in the same condition as delivered to occupant on the commencement date of this lease, reasonable wear and tear expected. Occupant agrees to leave said storage space clean and damage free. Occupant further agrees to removal of all items from the space and agrees to reimburse owner for any and all costs of emptying or repairing space, which includes but is not limited to dump fees, labor, materials, and transportation. Occupant agrees to reimburse owner within five days of receipt of an itemized statement of all labor and other expenses incurred to dispose of said items. The cost of any repairs made necessary by occupant, occupants guests or agents or anywhere in excess of normal use during the term of the lease shall be paid by occupant. Owner may require occupant to pay estimated costs of any repairs to be made at occupant expense prior to the work being done, and occupant shall pay such expense whether estimated or actual within 10 days of being billed, and such cost shall be additional rent for the purpose of owners remedies of default. 13. ACCESS- If rent is not paid by the 5th day following the monthly due date, owner may, without notice, deny the occupant access to occupants property located in the space or otherwise at the facility. Additionally, if occupant is renting more than one space at any given time, default on one rented space shall constitute default on all rented spaces, entitling owner and or manager to deny access to occupant to all rented spaces. Occupants access may be conditioned in any manner deemed necessary by owner or manager to maintain order and protect the space at the facility. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of occupants identity and searching vehicles and contents. Neither owner, manager nor any of their respective agents, employees or affiliates shall in any event be liable for any damages or injury caused by occupants inability to move between floors to gain access to, or exit from the space or the facility, whether because of a mechanical or other electrical failure of elevators, access doors, entry devices, or any other reason. Access will be denied to any party other than the occupant, unless said party retains a key to lock on the space or has supplied owner or manager with written authorization from the occupant to enter the space. 14. OWNERS RIGHTS TO ENTER OR INSPECT- Occupant grants owner, owner agents or representatives or any governmental authority, including, but not limited to, police, fire, health or emergency response officials, access to the premises upon three days prior written notice to the occupant. In the event of an emergency, owner, owners agents or representatives or any governmental authority, including, but not limited to, police, fire, health, or emergency response officials have the right to remove occupants lock and enter premises without notice to occupant and take such action as may be necessary or appropriate to preserve the premises, to comply with applicable law, or enforce any of owners rights. In the event occupants lock is destroyed in the course of such inspection owner shall provide and occupant agree to accept occupant sole remedy, therefore, a replacement lock of similar kind and quality. Owner shall not be responsible for any loss occasioned by occupant as a result of entry authorized under this section. 15. RULES- Owner shall have the right to establish or change hours of operation, tenant access, or to promulgate rules and amendments, or amend existing rules and regulations for the safety, care, and cleanliness of the premises, or the preservation of good order on the facility. Occupant agrees that such rules are made a part of this agreement and agrees to follow all owners rules now in effect, or that may be put into effect from time to time. Except emergency situations all changes of rules and or facility hours will be conspicuously posted at least seven days prior to the effective date of such change period hours of operation and access shall be posted at the entrance to the storage facility. Current rules will be posted. 16. OCCUPANTS LIABILITY- In the event of default or foreclosure, it is understood and agreed that the liability of occupant for the rent, charges, cost, and expenses provide if this agreement shall not be relinquished, diminished or extinguished prior to payment info. It is further agreed that occupant shall be personably liable for all rent, charges, cost and expenses, including those incurred in the sale and or disposition of occupants property as provided for above. Owner may use a collection agency thereafter to secure any remaining balance owed by occupant after the application of sale proceeds if any and occupant shall be liable for all fees and cost for said collection. If any remains unsold after foreclosure and sale, owner may dispose of said property in any manner considered appropriate by owner. 17. ASSIGNMENT- Occupant shall not sublett or sign this space nor store property owned by others. 18. SECURITY OF SPACE/LOCKS- Occupant agrees to be solely responsible for providing such locks, as occupant desires for securing access to this space. In the event that such locks or security devices are rendered ineffectual for their intended purpose from any cause, or this space is rendered and secure in any manner, owner may at his sole option take whatsoever measures are deemed reasonably necessary by owner to resecure the access to occupant space. Owner is not responsible for taking any measures whatsoever, nor for notifying occupant that access to this space has become insecure. The fact that owner has taken measures to resecure the access to occupant space under this paragraph shall not alter the release of owners liability set forth in this lease, nor shall such measures be deemed conversion of occupant stored property. 19. NO ORAL AGREEMENTS- This rental agreement contains the entire agreement between owner and occupant, and no oral agreement shall be of any effect whatsoever. Occupant agrees that he is not relying and will not rely on any oral representations made by owner, or by any of owner agents or employees purporting to modify or add to this agreement in any way whatsoever. Occupant agrees that this agreement may be modified only in writing, signed by both parties, in order for such modification to have any effect whatsoever. Owner employees have been forbidden from providing any service on behalf of owner. Should employees of owner provide service at occupants request such employee shall be deemed to be the agent of occupant regardless of whether payment for such service is made or not, and occupant agrees to hold owner harmless from all liability in connection with or rising from directly or indirectly such services performed by employee of owner. 20. NOTICES FROM OWNER- All notices from owner or manager shall be sent by first class mail postage prepaid to occupants known address or the electronic mail address provided by the occupant in this rental agreement. Notices shall be deemed given when deposited with US Postal Service or sent by electronic mail. All statutory notices shall be sent as required by law. 21. NOTICE FROM OCCUPANTS- Occupant represents and warrants that the information occupant has supplied in this rental agreement is true, accurate and correct and occupant understands that owner and manager are relying on occupants representations. Occupant agrees to give written notice to manager of any change in occupants address, any change in the lien and secured interest on occupants property in this space and any removal or additional property to or out of this space within 10 days of change. Occupant understands he must personally deliver such notice to manager or mail the notice by certified mail, return receipt requested, with postage prepaid to manager at the facility address set forth above. 22. CHANGES- All terms of this rental agreement, including but without limitation, monthly rental rate, conditions of a dependency and other charges, are subject to change upon 30 days prior written notice to occupant. If changed, the occupant may terminate this rental agreement on the effective date of the change by giving manager 10 days prior written notice to terminate after receiving notice of the change. If the occupant does not give such notice, this rental agreement shall be thereby be amended and the change shall become effective and apply to his or her occupancy. 23. NO WARRANTIES- No expressed or implied warranties are given by owner or any of its respective agents, employees or affiliates as to the suitability of the space or occupants intended use. Owner disclaims and occupant waives any implied warranties of suitability or fitness for a particular use. 24. SUCCESSIONS- All provisions of this rental agreement shall apply to and be binding upon all successors and interest, assigns or representatives of the parties hereto. 25. WAIVER OF JURY TRIAL- Owner, manager and occupant waive their respective rights to trial by a jury of any cause of action, claim, counterclaim, or cross complaint, in any action brought by either owner or manager against occupant, or occupant against owner or manager or any of their respective agents, employees or affiliates, on any matter arising out of, or in any way connected with this rental agreement, occupants use of space or the facility or any claim of bodily injury a property loss or damage, or the enforcement of any remedy under law, statue or regulation. This jury trial waiver is also made by occupant on behalf of any occupants agents, guest or invitees. 26. TERMINATION- 10 days advance written notice given by owner or occupant to the other party will terminate this tenancy. Owner does not prorate rent only full months prepaid rent shall be returned to occupant within 30 days of vacating the space occupant must leave space clean and in good condition. Occupant is responsible for all damages. If occupant fails to fully remove his property from the space within the time required, owner or manager, at their option, may without further notice or demand, either directly or through legal process, re-enter the space and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. This rental agreement shall automatically terminate if occupant abandons the space. Occupant shall be deemed to have abandoned the space if occupant has removed the contents of the space, and or has removed occupants lock from the space and is not current and occupants obligations hereunder. 27. PROPERTY LEFT IN THE STORAGE SPACE- Owner or manager may dispose of any property left in the space or in the facility by occupant after occupant has terminated his TENANCY. Occupant shall be responsible for paying all costs incurred by owner or manager in disposing of such property, including but not limited to a minimum cleaning fee as set forth above. 28. ATTORNEY FEES- In the event the owner or manager retains the service of an attorney to recover any sums due under this rental agreement for any unlawful detainer, for the breach of any covenant or conditions thereof, or in defense of any demand claim or action brought by the occupant, the occupant agrees to pay the owner or manager the reasonable cost, expenses, and attorney fees incurred in any such action. 29. FINANCIAL INFORMATION- Neither owner nor manager warrants or guarantees that any of occupants financial information, including, without limitation, credit card and bank account information, will not be stolen or otherwise compromised. Occupant waves and releases any and all claims or actions against owner or its respective agents, employees and affiliates for damages arising from the use of said information by others. 30. PERMISSION TO COMMUNICATE- Occupant recognizes owner and occupant are entering into a business relationship as owner and occupant. As such, occupant hereby consents to owner phoning, emailing, and using social media to communicate with the occupant with marketing and or other business related communications, including collection notices. 31. STORAGE OF MOTOR VEHICLES- In the event that any motor vehicle remains stored in the space after termination of the rental agreement or upon occupants default, and in addition to all other rights in remedies available to owner, owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the cost of removal, transportation or storage or damages caused by such removal, transportation or storage. Occupant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the occupants expense. Owner shall incur no liability to occupant for causing the vehicle to be removed pursuant to this paragraph. 32. MISCELLANEOUS- Time is of the essence of this lease. Words used in the singular shall include the plural where the context requires. All rights, powers, options or remedies given or granted to owner by law or cumulative and no one of them is excessive of another. If any provision of this lease is held by a court to be void or unforeseeable, the other provisions shall remain in full force and effect.