A Plus Mini Storage Contract
Date:
Terms in quotation marks are from Self-Service Facility Act (herein the Act)."Owner" is the Landlord, APlus Mini Storage "Occupant";
Lessee:
Address:
Phone:
Unit Size:
Rent: $______ per Month.
Security Deposit $ __50.00___
"Leased Space": No.______________ of "Owner's" "Facility" 1265 New Route 422
Term: Self-renewing Month-to-Month, as of the first of each month, beginning ______ (With rent prorated at $______; to the end of the current month if applicable) After inspection and acceptance, "Occupant" leases from "Owner" the above "Leased Space", WITHOUT SERVICE , HEAT AND OTHER UTILITIES , on the Terms , Conditions , and Representations stated herein.
This Agreement is based upon the RENTAL APPLICATION and is strictly limited to the "Owner" providing nothing but space to the "Occupant". In the event that any person who is otherwise in the service of the "Owner", is requested by the "Occupant", of volunteers and does anything for the "Occupant": he shall in fact and in law, and in every aspect of such performance and incidental nonperformance be deemed absolutely as serving the "Occupant" only, and with no responsibility in the "Owner".
Initial Payment Record Monthly Fee:
Pro-rata for partial starting month: $
Prepaid rent for ___ additional month(s) Total: ____
Security Deposit: $50.00
Other Charge(s) listed:
Total, paid and received $________
OTHER TERMS AND CONDITIONS
1. RENT IS DUE AND PAYABLE, in advance, to PO Box 1518, Cranberry Twp. PA , 16066, on or before the first day of each month, time being of the essence. Each payment shall always be applied first to the oldest changes, and while there is any delinqinquency, a $20.00 late charge shall be added for each check not paid when presented. As distinct matters in themselves, the "Occupant" shall pay also any governmental tax or levy as may be assessed because of this agreement, and/or of any use made hereunder.
2. RENEWAL AND TERMINATION: THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON THE FIRST DAY OF EACHMONTH UNTIL EITHER PARTY, IN WRITING, DELIVERS TO THE OTHER, WITH OR WITHOUT CAUSE, A NOTICE OFTERMINATIONS DELIVERED NOT LESS THAN TEN (10) DAYS PRIOR TO THE END OF THE MONTH SHALL NOT ENTITLE HIM TO ANY REFUND.
3. WHEN "OCUUPANT" FAILS TO VACATE after notice of termination, the "Owner", upon such default may over lock the "space", and procedure and rights shall then be as under 9 and 10 below.
4. THE SECURITY DEPOSIT: The security deposit shall be promptly refunded, upon termination, provided by "Owner" finds: (1) that the "Space" is emptied, (2) and is "broom clean"; and , (3) that there is no unpaid claim due the "Owner". Otherwise said sum, part of all, shall be appropriately applied in the circumstances, and the balance, if any, shall be refunded. On written demand, the "Owner" will provide written accounting.
5. LIABILITIES: Because the rental charge is based upon only the leasing of space as accepted-
"Occupant" hereby agrees to indemnify "Owner" and hold it harmless from any loss, damage, expense, or claim arising directly or indirectly out of acts, or omissions to act, of "Occupant" and of others on the premises because of him.
"Owner" is not responsible for any causes and effects not expressly and specifically assumed by it in writing, including, as examples: loss from any improper removal by any other person(s), loss from conduct of third parties, from acts of God, uprising.
"Occupant" is solely responsible for everything relative in packing and storing.
"Occupant" assumes all risks from all natural conditions and effects, such as temperature, humidity, atmosphere, etc., as may cause or contribute to change in any stored property, such as mildews, warping, ungluing, discoloring, etc.
"owner" has not inspected "Occupant's" stored property and in under no duty to do so. "Owner's" shall not be responsible for anything as in any way affects any stored property because of any and all conditions, and actions, and/or persons including "Occupants", and all others, unless clearly the "Owner's" responsibility, agreed upon writing, or as is otherwise by law clearly imposed upon it.
If "Occupant" makes any claim upon "Owner" for any kind of damage to any stored property: because of the "Occupant's" advantages in familiarity with the property and control over it; because, in any case, of "Owner's" exposure to unreasonable and fraudulent claims; and because of the terms hereof, it is agreed that proof against the "Owner" must be absolute, and that all doubt must favor the "Owner".
If notwithstanding the above provisions, the "Owner" for any reason and in any case not itself specifically agreed upon, is held liable, such liability whatever its legal basis, is and shall be limited to a sum equal to the rental service charge hereunder for a period of service not to exceed six months, which sum shall be paid and received as agreed liquidated damages, complete and excusive in itself.
6. INSURANCE: It is "Occupant's" responsibility to have insurance on stored property. As between the parties: Insurance shall benefit only the party as pays for it, except "Occupant" hereby subrogates "Owner", and assigns to "Owner", an interest in any insurance claim of "Occupant", to the full amount of all sums due hereunder to "Owner", and the Insurer is authorized and directed to pay the same directly to the "Owner".
7. A. NOTICE OF LIEN UNDER THE ACT "OCCUPANT" IS NOTIFIED THAT UNDER SEC. 4 OF THE ACT , "OWNER" HAS A LIEN UPON ALL GOODS STORED IN THE LEASED SPACE. THE LIEN SECURES AGAINST DEFAULT OF PAYMENT FOR RENT, LABOR, OR OTHER CHARGES. THE LIEN IS GENERALLY SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST. "OWNER" HAS THE RIGHT TOGIVE NOTICE OF DEFAULT, IN FORM UNDER THE ACT, AND TO SELL OR OTHERWISE DISPOSE OF THE GOODS 30 DAYS AFTER THE DATE OF THE NOTICE. THE NOTICE MAY INCLUDE DENIAL OF ACCESS TO THE LEASED SPACE, AND/OR NOTICE OF THE GOODS TO OTHER SUITABLE STORAGE SPACE.
B. NO REMOVAL WITHOUT SATISFACTION OF LIEN WHILE IN DEFAULT "OCCUPANT" SHALL NOT REMOVE ANYTHING FROM THE SPACE, AND "OWNER" MAY OVERLOCK ACCESS TO PROTECT ITS LIEN. DEFAULT AND OVERLOACK SHALL ABSOLUTELY TERMINATE TENANT'S FREEDOM OF ENTRY. BREAKING OF THE OVERLOCK AND ENTRY SHALL CONSTITUTE AN UNLAWFUL ENTRY.
8. THIRD PARTY INTEREST - NOTICE UNDER THE ACT
(a) Sections 15. (A) of the ACT, provides as follows: "(A) SALE OR REMOVAL. -- AN OWNER SHALL NOT BE LIABLE TO AN OCCUPANT OR A THIRD PARTY FOR THEREMOVAL 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."
(b) Under section 15. (B) "Occupant" is REQUIRED TO INFORM "OWNER" OF THE NATURE AND IDENTITY OF ANYSTORED PROPERTY AS IS NOT THE "OCCUPANTS". If there is any such property, it is as follows: List such goods, if less than all. If all, then describe it generally: (state whether "ALL" or "PART")
__________
Owner:(name,address,phone)
APlus Mini Storage 1265 New Route 422 1-888-722-4299
If none is shown, "Occupant" is hereby declaring that there is none. If there is any stored later, "Occupant" shall, and agrees to declare it to "Owner", who is under no duty to inquire futher or investigate. In emergency, as reasonable makes it appropriate, the "Owner" may make or allow suitable entry without liability for the entry or for incidental results from good faith conduct.
9. UNDER THE ACT:
A. ACCESS, SEC. 3. If "Owner" does request access "for the purpose of inspections, repair, alteration, improvement or to supply necessary or agreed services", and encounters refusal, default of promise, or delay of 72 hours to respond, then "Owner" may make forcible or other entry at the cost and risk of "Occupant".
B. LIEN, SEC 4. "OTHER CHARGES"
The lien to secure "rent, labor or other charges" shall in all cases include any and all expenses, including also legal fees and other services, and materials, obtained and/or provided (as under A. above) by "Owner" incidentally to any default and/or breach by "Occupant".
C. SALE OR OTHER DISPOSITION OF GOODS FOR DEFAULT.
The "Owner" has the right to proceed under the Act with advertisement of a sale. With the intent to hereby waive all procedure under the Act as relate to enforcement of collection under the "Owner's" lien; to avoid the expense of legal advertising; and believe in that private negotiating may do better or at least as well as a public sale: "Occupant" agrees that "Owner", at its sole discretion shall have the right instead: (i) to invite at least three persons believed by "Owner" to be suitable to bona fide negotiation for the purchase of the goods; and, (ii) to post handbills and/or to use any other means as to it appears likely to promptly and economically produce the better net result. Thereafter, in either case, if no sale results, the "Owner" may make any disposition of the goods as "Owner" has made substantial expenditures in expense, and/or in time and attention, the "Owner" may require a reasonable payment in advance to reimburse and save harmless the "Owner" on such accounts as may have occurred and be continued.
D. PROCEEDS OF SALE OR OTHER DISPOSITION:
Under Sections 13, and generally under the Act, it shall be conclusively presumed, in the absence of actual fraud, (as under (C.) next above), the proceeds of sale however made are conclusive of the market value of the goods sold, and if no proceeds are realized, it shall be likewise so presumed that the goods were without any marketable value. On written request from "Occupant", the "Owner" will supply a written report and accounting on the sale or other disposition, provided that where no sale has been made, and the "Owner" has made substantial expense, and/or in time and attention, the "Owner" may require a reasonable payment in advance to reimburse and save harmless the "Owner" on such accounts as may have occurred and be continuing.
10. "OCCUPANT'S" RISK ON SALE OR OTHER DISPOSITION: THE "OWNER" AND THOSE ACTING FOR IT SHALL NOT BE BOUND TO INSPECT OR INQUIRE INTO THE QUALITY OR INTRISIC OR ANY OTHER PARTICULAR VALUE OF ANY CONTENTS. IT, AND THEY, MAY RELY UPON ITS/THEIR OWN GOOD FAITH JUDGMENT FROM APPEARANCES AS THEY SEE THEM, AND ALL RISK OF MISJUDGMENT AND INADVERTENCE IS ACCEPTED BY "OCCUPANTS" ABSOLUTELY.
11. ASSIGNMENT:
Any assignment of this Agreement without "Owner's" written consent may be treated by it as a termination with right in "Owner" to immediate settlement and payment of accounts and repossession of "Space".
12. NOTICE mailed to "Occupant" by 1st Class Mail, or handed to him (or to his employee. or his other representative, such as a spouse or other adult member of his household) or, posted at the "Space": shall be deemed to be duly given to "Occupant". If he changes his address and/or phone, he will at the time notify "Owner" of the change.
13. Personal pronoun references are to be read and applied as is appropriate.
14. WAIVER "OCCUPANT" STATES THAT HE HAS READ THIS AGREEMENT; FREELY ACCEPTS IT AS BEING REASONABLE IN THE CIRCUMSTANCES; AND EXPESSLY WAIVES AND AGREES NOT TO INVOKE OR USE ANY LAW, RULE, OR REGULATION NOW OR IN THE FUTURE EXISTING FOR THE PURPOSE OF ALTERING OR VOIDING THE EFFECT OF ANY PROVISION HEREOF; EACH OF WHICH, IF NEED BE, SHALL NEVER-THE-LESS BE TREATED AS BEING SEVERABLE. THE ENTIRE AGREEMENT IS IN WRITING, AND IS SUBJECT TO NO CHANGE AT ALL UNLESS THE CHANGE IS ENTIRELY AND CLEARLY ALSO PUT IN WRITING.
"OWNER" APlus Mini Storage
By. ___________________________________________________
Authorized Agent
"OCCUPANT"
By.______
Name
RULES AND REGULATIONS
1.) THE RENT COVERS ONLY THE LEASING OF SPACE: NO SECURITY SURVIELLANCE: NO PROTECTION: NO SERVICES.
2.) MESSAGE SERVICE ANSWERS 24 HOURS DAILY.
3.) THE USE OF THE UNIT SHALL BE FOR ONLY LAWFUL PURPOSES: FOR ORDERLY AND PRUDENT STORAGE OF GOODS WHICH THE LESSEE LAWFULLY POSSESSES.
4.) FOR STORAGE ONLY: NO DEAD (EXCEPT TAXIDERMIED) OR LIVING CREATURE: NO FRESH FUITS OR VEGETABLES: NO HUMAN OCCUPANCY: NO TRASH, JUNK, OR REFUSE.
5.)NO LIQUID FUEL. NO EXPLOSIVES. NO STORING AS CAN RESULT IN SPONTANEOUS COMBUSTION. ANY FUEL TANK, ATTACHED OR NOT, SHALL BE EMPTY.
6.) NO ENCROACHING UPON AND NO INTERFERING WITH ANY OTHER UNIT, AS TO USE, ACCESS, OR OTHERWISE.
7.) NO UNREASONABLE BLOCKING OF ANY COMMON PASSAGE WAY.
8.) NO STORING, NO LEAVING OF ANYTHING, OUTSIDE THE UNIT.
9.) LESSEE ARE TO DO NOTHING TO THE UNIT EXCEPT USE IT AS LESSEE FINDS IT, FOR DEAD STORAGE. LESSEE TO PROVIDE THEIR OWN LOCK. NOTHING MAY BE ATTACHED TO THE WALLS; CEILING; FLOOR; OR DOOR. NO HOOKS, SHELVES, ETC. NO PAINTING. NO SIGNS.
10.) THE LESSEE SHALL NOTIFY LESSOR PROMPTLY OF ANYTHING LEARNED OR OBSERVED AS BEING DETRIMENTAL OR POTENTIALLY DETRIMENTAL TO THE FACILITY, OR ANY PART OF IT; TO GOODS STORED IN IT; AND / OR THE ORDERLY USE OF IT.
11.) IN THE EVENT LESSOR DISCOVERS WHAT MAY APPEAR TO THE LESSOR TO BE AN UNLAWFUL ENTRY TO THE LESSEE'S UNIT, THE LESSOR WILL ATTEMPT TO NOTIFY THE LESSEE BY PHONE, OR BY LETTER. THE LESSOR WILL DO NOTHING MORE WITHOUT THE LESSEE EXPRESS DIRECTIONS.
12.) IN THE EVENT OF FIRE OR OTHER CASUALITY THE LESSOR WILL ATTEMPT TO SO NOTIFY THE LESSEE, AND UNLESS THE LESSEE ACT, THE LESSOR WILL BE FREE TO DO AS IS REASONABLE IN THE CIRCUMSTANCES, AT LESSEE'S RISK AND EXPENSE, UNLESS THE CASUALTY WAS THE LESSOR'S FAULT.
13.) LESSEE AGREES TO READ AND ABIDE BY SUCH NOTICES AS THE LESSOR MAY POST FOR THE MUTUAL BENEFIT OF OURSELVES AND OUR TENENTS.
14.) WHEN THE UNIT IS RETURNED TO THE LESSOR, IT SHALL BE IN THE SAME CONDITION AS WHEN THE LESSEE RECIEVED IT, ORDINARY WEAR AND TEAR, AND CASUALTY NOT BY THE LESSOR'S AGREEMENT CHARGEABLE TO THE LESSEE, ALONE EXCEPTED.
15.) IF THE LESSEE CHANGES THEIR ADDRESS AND / OR PHONE, YOU WILL AT THE TIME NOTIFY THE LESSOR OF THE HANGE.
16.) WHERE THE LESSEE IS IN DEFAULT OR IN VIOLATION, AND IT CAUSES THE LESSOR TO USE SPECIAL TIME ON HIS / HER PART, AND / OR TO INCUR SPECIAL EXPENSES SUCH AS FOR THE SERVICES TO OTHERS, SPECIAL EQUIPMENT, MATERIALS, TOLL CALLS, AND OTHER SUCH ITEMS, THEN THE SAME SHALL BE INCLUDED AS "OTHER CHARGES" UNDER THE ACT, AND BE A SURCHARGE TO THE LESSEE, INCLUDING LEGAL FEES. THE LESSOR'S SPECIAL TIME SHALL BE CHARGED AT THE RATE OF $10.00 PER HOUR. THE LESSOR CHOULD NOT BE EXPECTED TO ABSORB SUCH EXTRA COST, NOR TO PASS THEM ON TO OTHERS BY RAISING HIS / HER MONTHY RATES SO AS TO INCLUDE SUCH OCCASIONAL EXPERIENCES.
17.) I, THE LESSEE, UNDERSTAND THAT THE LESSOR DOES NOT PROVIDE INSURANCE COVERAGE ON ANY PERSONAL PROPERTY IN MY STORAGE PLACE.
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TENANT / LESSEE DATE
