This is not a contract of insurance and the facility operator is not an Insurance company.
Rental Agreement
NOTICE: Your stored property will be subject to a claim of lien for unpaid rent and other charges and may even be sold to satisfy the lien if the rent or other charges are unpaid for fourteen (14) consecutive days.
This rental agreement Is governed In part by Chapter 10 of the California Business and Professions Code and any amendments or successors statutes thereto.
The PARTIES AND DATE: This Rental Agreement ("Agreement") is entered into as of the date set forth above and band between Hoarders Self Storage, ("Owner") and the individual named above ("Occupant" )for the purpose o/ renting space for the storage of personal property.
NO BAILMENT: NO BAILMENT OR DEPOSIT FOR SAFEKEEPING IS INTENDED OR SHALL BE CREATED BY THE TERMS OF THIS AGREEMENT.
SPACE: Owner agrees to let, and Occupant agrees to rent those premises described as a storage space at Owner's facility at 2843 #A Main Street San Diego CA 91901 ("Storage Facility'), the number of which is set forth on the terms and conditions of this Lease.
5.. TERM: The term of this Lease shall commence as of the date set forth in Section 1.A of this Lease, and shall continue on a month-to-month basis thereafter until terminated pursuant to the terms of this Agreement. Prior to taking possession of the Space, and as a condition to taking possession Occupant shall pay the rent for the first month.
RENT: Rent at the total rate set forth In Section 1.E shall be due and payable In advance without demand, deduction, offset or abatement each and every month on or before the monthly due date of the date set forth in Section 1.A (the "Payment Date"). If any calendar month does not contain a Payment Date, the Payment Date shall be deemed the last day of that month. Rent shall be delinquent If not paid on the Payment Date. Rent payment shall be made
10 Owner at the address set forth in this Lease, 0< to such other place as Owner may designate In writing. The receipt of a check shall not be considered payment to Owner if the check is dishonored or not paid for any reason. Owner shall be under no obligation to provide monthly statements. invoices oc bills. and any such statement, Invoice or bill which may be provided shall be deemed as a courtesy only and Owner shall have no obligation to provide or continue providing any such statement, invoice or bill in the future. All monies payable by Occupant to Owner shall be deemed "rent." All payments made to Owner pursuant hereto shall be applied first to late and administration fees (If any), then to accrued and unpaid rent, and the balance (if any) to Occupant's other obligations then incurred (past, present and/or future) hereunder.
LATE FEES/ADMINISTRATIVE FEES: Occupant agrees to pay a late fee If the occupant falls to pay the entire amount of the monthly rent set forth In section 1.e within ten (10) days of the day Immediately following the payment date. The late fee shall be calculated as follows: If the monthly rental rate is $60.00 or less, the late fee Is $10.00; if the monthly rental rate Is more than $60.00 but less than $100.00, the late fee is $15.00; If the monthly rental rate Is $100.00 or more, the late fee Is greater of (I) $20.00 or (Ii) 15°/4 of the monthly rental rate. Occupant's Late Fee tor Unit ___ ls $.___ In addition to a late fee, occupant agrees to pay the administration tees as set forth below occupant agrees that failure to pay rent when due causes owner to Incur damages which are extremely difficult to measure and that the following fees represent reasonable approximations of such damages. Occupant shall immediately pay: (a) a pre-lien fee of $25.00 tor each preliminary lien notice sent pursuant to the storage act (unpaid tor 14 days): (b) a lien fee of $25.00 for each notice of lien sale sent pursuant to the storage act (unpaid for least 14 days from the preliminary lien notice); (c)an auction fee of$___ in the event that owner advertises the contents of the space pursuant to the storage act; (d) a cut tock/inventory fee of$ ___ If owner Is required to cut occupant's lock or otherwise access the personal property‚ In the space for Inventorying purposes, or for any other reason; (e) fee for labor at the rate of $80.00 per hour for moving delinquent different location for the purpose of storage or a lien sale resulting from occupant's default; (f) an after-hours charge of $60.00 per hour (minimum $60.00); (g) a blocked acce&i. fee of $30.00 per hour ($30.00 minimum) if you or a delivery driver making a delivery
you unreasonably Interferes with access to the facility or to another tenants space; and/or (h) a dishonored check fee of $___ If a check sent for payment Is dishonored.
USE OF STORAGE SPACE:
Occupant may use the storage space only for the storage of personal property wholly owned by Occupant and for no other purposes. Owner is not engaged In the business of storing goods for hire and no bailMent is created under this Agreement.
Owner does not exercise care, custody nor control over Occupant's stored property. Should Occupant authorize another person to enter the storage space. Occupant shall be responsible for the conduct of su h person. Occupant agrees the possession of a key and a gate code is sufficient evidence of authority to enter Occupant's space. Any property stored in the storage space is stored under the sole supervision and Control of Occupant. Occupant agrees and acknowledges collectibles. I heirlooms, jewelry, works of art or any property having special or sentimental value to Occupant should not be stored by Occupant. Such items should be stored in locations where there is greater supervision and security. Occupant waives any claim for emotional or sentimental attachment to the stored property and agrees that the value of any collectibles, heirlooms, jewelry, works of art or any property having special or sentimental value shall not exceed for any purpose the salvage value of the raw materials of which item is construed. In no event shall the stored personal property exceed or be deemed to exceed an aggregate value greater than $50.00 per approximate square foot of the Space. Nothing herein shall constitute any agreement or admission by Owner that Occupant's stored property has any value, nor shall anything herein alter the release of Owner's liability set forth below. Except as may be otherwise expressly set forth herein, Occupant is strictly prohibited from storing or using materials in the storage space or on the facility classified as hazardous or toxic under any local, state or federal law or regulation, and from engaging in any activity which produces such materials. Owner may enter the storage space at any lime lo remove or dispose of any such prohibited items. NO SMOKING.
PERSONAL INFORMATION: All information provided by Occupant on this lease is confidential and will not knowingly be disclosed to anyone without Occupant's prior co sent, except as may be provided by Owner's Privacy Policy or to comply with legal process. Documents and other records (which includes any material, regardless of the physical form, on which Information is recorded or preserved by any means) containing personal data or information ("personal Records") are stored in the Space at Occupant's sole risk. Occupant shall be solely responsible for the storage and proper disposal of Personal records. Occupant shall remove all Personal Records stored in the storage space upon the expiration or termination of this Agreement. Occupant acknowledges that the failure to do so may result in the disposal of the Personal Records by lien sale or other means and assumes all liability associated therewith. Owner shall have no special duty of care, custody, or disposal with regard to Personal Records. Owner shall never be responsible for searching the Space for Personal Records and Occupant agrees and acknowledges that such a search would be impracticable and entail unreasonable time and expense. Occupant waives any and all claims against Owner that may arise out of the storage or disposal of Personal Records to the fullest extent permitted by law.
CONDITION OF SPACE/REPAIRS-COMMENCEMENT ANO TERMINATION: Occupant acknowledges that Occupant has inspected the Space and I found the Space to be in good repair and in clean and sanitary condition. Occupant agrees to maintain the Space in the same condition throughout the term
of this Agreement. Occupant will immediately notify Owner of any defect in the Space. Occupant shall not build on nor attach anything to the inside or outside walls, ceiling, or floors of the Space. Upon termination of this Agreement, Occupant shall remove all Occupant's property from the Space and shall immediately deliver possession ol the Space to Owner in same condition as delivered to Occupant on the commencement date of this Agreement, reasonable wear and tear excepted. Occupant agrees to leave said Space broom clean and damage free. Occupant further agrees to reimburse Owner for any/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 5 days of receipt of an itemized statement of all labor and other expenses incurred to dispose of said items. The costs of any repairs made necessary by Occupant, or Occupant's guests or agents, or any wear and tear in excess of normal use during the term of the Agreement shall be paid by the Occupant. Owner may require Occupant to pay the estimated costs of any repairs to be made at Occupant's expense prior to work being done, and Occupant shall pa such expense whether estimated or actual within ten (10) days of being billed.
INSURANCE: OWNER DOES NOT PROVIDE INSURANCE COVERING OCCUPANT'S STORED PROPERTY. OCCUPANT AGREES TO MAINTAIN, AT OCCUPANT'S EXPENSE, A POLICY OF FIRE AND EXTENDED COVERAGE INSURANCE WITH THEFT, VANDALISM, ANO MALICIOUS MISCHIEF ENDORSEMENTS FOR THE FULL VALUE OF THE STORED PROPERTY TO THE EXTENT OCCUPANT DOES NOT MAINTAIN SUCH INSURANCE, OCCUPANT SHALL BE REQUIRED TO RELY ON THE HOARDERS PROTECTION PLAN (IF OCCUPANT'S IS ENROLLED IN SUCH PLAN AND OCCUPANT'S PARTICIPATION HAS NOT BEEN TERMINATED) OR SHALL BEAR ALL RISK OF LOSS OR DAMAGE. EXAMPLE: OCCUPANT SHALL BE DEEMED TO HAVE "SELF INSURED." OCCUPANT EXPRESSLY AGREES THAT THE CARRIER OF SUCH INSURANCE SHALL NOT BE SUBROGATED TO ANY CLAIM OF OCCUPANT AGAINST OWNER, OR OWNER'S AGENTS OR EMPLOYEES. OCCUPANT AGREES TO INDEMNIFY AND HOLD HARMLESS OWNER FROM ANY EXPENSE, COST, OF DAMAGE INCURRED BY REASON OF ANY CLAIM OR ACTION BASED IN WHOLE OR PART UPON SUCH SUBROGATION. WHILE CERTAIN INFORMATION MAY BE MADE AVAILABLE TO OCCUPANT, WITH RESPECT TO INSURANCE, OWNER AND OWNER'S AGENTS ARE NOT INSURERS, ARE NOT AFFILIATED WITH ANY INSURANCE COMPANY, DO NOT ACT AS ANY INSURANCE COMPANY'S AGENT, BROKER OR s9L1CITOR, AND DO NOT ASSIST IN THE EXPLANATION OF COVERAGE OR MAKING OF CLAIMS UNDER ANY INSURANCE POLICY. THE HOARDERS PROTECTION PLAN IS NOT AN INSURANCE POLICY.
RELEASE OF OWNER'S LIABILITY FOR PROPERTY DAMAGE AND BOOILY INJURY: EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THIS AGREEMENT, (INCLUDING ANY ADDENDUM THERETO), PROPERTY IS STORED AT OCCUPANTS OWN RISK. EXCEPT AS EXPRESSLy PP.OVIDED CONTRARY IN THIS AGREEMENT, OWNER AND OWNER'S AGENTS SHALL NOT BE LIABLE TO OCCUPANT FOR ANY DAMAGE, LOSS OR PERSONAL INJURY TO OCCUPANT OR ANY PROPERTY STORED IN, ON OR ABOUT THE SPACE OR THE STORAGE FACILITY, ARISING FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THEFT, FIRE, WATER, MILDEW, MOLD ANO OTHER BACTERIAL INFESTATION AND/OR DETERIORATION, DISAPPEARANCE, RODENTS, ACTS OF GOD OR THE ACTIVE OR PASSIVE ACTS OF OWNER OR OWNER'S AGENTS, EXCLUDING ONLY THAT DAMAGE, LOSS OR PERSONAL INJURY CAUSED SOLELY BY TI-IE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER OR OWNER'S AGENTS, OCCUPANT SHALL INDEMNIFY AND HOLD OWNER AND OWNER'S AGENTS HARMLESS FOR ANY LOSS, LIABILITY, CLAIM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH OCCUPANT'S USE OF THE SPACE OR STORAGE FACILITY (INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OR WILLFUL MISCONDUCT OF OCCUPANT). REGARDLESS OF OWNERS OR OWNER'S AGENTS ACTIVE OR PASSIVE NEGLIGENCE, IT IS THE PARTIES' INTENTION THAT THIS EXCULPATION AND INDEMNITY SHALL APPLy TO LOSSES OR DAMAGES RES ULTING FROM THE OCCUPANT'S NEGLIGENCE OR FOR ANY OTHER CAUSE, ONLY EXCEPTING THOSE LOSSES OR DAMAGES COVERED UNDER THE PROTECTION PLAN 9PROVIDED THE SAME IS IN FULL FORCE AND EFFECT AND HAS NOT BEEN TERMINATED) OR ARISING SOLELY AS A RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER OR OWNER'S AGENTS. OCCUPANT ACKNOWLEDGES THAT OCCUPANT HAS READ AND UNDERSTANDS THE PROVISIONS OF THIS PARAGRAPH AND AGREES TO COMPLY WITH ITS REQUIREMENTS.
ACCESS: In the Owner's absolute discretion, Occupant's access to the Storage Facility and Space may be conditioned in any manner deemed reasonably necessary by Owner to maintain order and protect security on the Storage Facility. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Occupants identity and right to inspect vehicles.
We do not prorate when you vacate a uniL If your Space is not vacant the day before _ of the month, a full month's rent is due. There are no exceptions!
Only one lock is allowed per door latch. If more than one lock is found, you may be subject to a $__ _
administration fee for the removal of that lock. A tenant is NOT allowed to cut their own lock. If a tenant cuts his/her own, lock, he/she is subject to a minimum of a $100.00 fee or eviction.
You are not permitted to follow someone through the gate without first putting in your access code. The gate may close on you or it may be damaged. In the event of gate damage, you will be charged to repair the damage.
Please keep us updated of any address changes and/or phone number changes. Until we are notified in writing with your signature in accordance with the terms of the Agreement , the only valid address and telephone number present is on the lease and we are not responsible for any non receipt of mail or any other notifications.
Parking: Please leave aisles clear. There is no overnight parking allowed. Do not block fire lanes or other tenant's doorways.
There will be absolutely no drug or alcohol use at this Storage Facility.
Trash removal. Occupant must not leave any trash inside or outside of their space. We do not provide any trash disposal. There may be a labor fee levied for any trash left that we have to remove.
Use of Premises: No mechanical work, fabrication, manufacturing, assembly or other related work is allowed at the Storage Facility or in your Space. No hooks, screws, nails, or shelving shall be driven into the walls, ceilings, floor or framework of the premises.
Thank you! We appreciate your business and look forward to your having a pleasant stay with us. If we can be of further assistance, please let us know.
MISCELLANEOUS: Time Is of the essence of this In the performance of each and every provision of this Agreement. Words used In the singular shall Include the plural where the context requires. All rights, powers, options, and remedies given or granted to the Owner by this Lease, or by law, are cumulative, and no one of them Is exclusive of another. If any provision or any portion of any provision of this Agreement is held by a Court to be void or unenforceable, all remaining portions of this Agreement shall remain in full force and effect. This Agreement contains the entire agreement between Owner and Occupant, and no oral agreements shall be of any effect whatsoever. Occupant agrees that he/she Is not relying, and will not rely, upon any oral representations made by Owner, or by any of owner's 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. Any purported oral amendment, modification or supplement Is void. Owner's employees have been forbidden from providing any service on behalf of Owner. Should employees of Owner provide service at Occupant's request such employee shall be deemed 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 arising from directly or indirectly, such services performed by employee of Owner. There are no other terms, conditions, or agreements, expressed or implied, written or oral, between Occupant and Owner, their agents, or employees that extend, limit, or In any way modify the terms, covenants, and conditions of this Lease. This Agreement and any addenda or amendment thereto may be executed in multiple copies, each of which shall be deemed waived, except by written consent of Owner. A waiver of any such breach shall not be deemed a waiver of any preceding or succeeding breach of the same or any other provision. Partial payments of total sums due may be accepted by Owner without compromising Owner's right to obtain the balance of such sums and acceptance of such partial payments shall In no event delay either the termination of Occupant's right to possession of the Space, or the lien
sale of the property.
This Addendum is to notify you that this storage property being rented has not undergone Inspection by a Certified Access Specialist (CASp). However, we have met all building code requirements at the time of construction. Should you need assistance when using the facility or storage space please let us know and we would be happy assist you.
Occupant acknowledges and represents that all information provided by Occupant is correct and that Occupant has read, is familiar with and agrees to be bound by all of the provisions printed on the previous pages of this Agreement, and Owner and Occupant agree that all such provisions constitute a material part of this Agreement.
Limited Assumption of Liability for Property Damage
1. Basic Service: This storage facility provides you with a basic level of service pursuant to the terms and conditions of the Agreement that you signed. Among other things the Agreement provides that your property is stored at your sole sk of loss or damage, the Self Storage operator is not liable for loss of or damage to your stored property and that you must insure your property while it is in/on the Space.
2. Storage Protection - Limited Assumption of Liability by Owner: In consideration of payment of $9.00_monthly rent, the Owner agrees to reimburse Occupant for loss of or damage to Occupant's property stored within the Space 1dent1f1ed in the Agreement you signed, up to $2,500.00 for losses caused by the following:
Fire, explosion, smoke, theft, vandalism, malicious mischief, roof leak, water damage (Loss or damage caused by flood, surface water, underground water or water that backs up through or overflows from a sewer, drain or sump is not covered), windstorm that first causes damage to the building, collapse of the building where your property is stored, impact of aircraft, missile or vehicles. Any claim for theft, vandalism or malicious mischief must be accompanied by a written police report and visible physical damage to the unit documented.
This limited assumption of liability is a modification to the waiver of liability in paragraph 11 of the rental agreement that it form a part. It satisfies the insurance requirement stated in paragraph 10. The Owner has no liability for loss of or damage to Occupant's stored property beyond that described in this addendum.
By agreeing to the Terms and Conditions, I signify that I want to participate with HOARDERS Storage Protection. I understand that the HOARDERS Storage Protection will continue and I will be charged for it unless I provide HOARDERS Storage with written proof (Copy of Declarations Page) of my Insurance coverage for my rental Space before my rent due date.
3. Liability Not Assumed by Owner: The Owner will not pay for damage to Occupant's stored property caused by the following: Flood, surface water, underground water, water that backs up through or overflows from a sewer, drain or sump, moths, insects, rodents, vermin, mold, mildew, wet or dry rot, war, military action, earthquake, volcanic eruption, nuclear reaction, radiation or radioactive, biological or chemical contamination. The owner will not pay if a claim has not been filed in a timely manner, within 60 days of any incident.
4. Property that Owner Will Not Repair or Replace and Occupant Should Not Store: Property we will not pay to have repaired or replaced or pay for if lost or damaged: Motor vehicles, boats or other property if stored outdoors. Money, bonds, travelers checks, money orders, stamps, accounts, deeds, bills, or securities; jewelry, watches, precious or semi-precious stones, furs, or clothing trimmed in fur, animals, stolen goods, weapons or contraband.
5. Failure to Pay Rent: If rent is not received within 10 (ten) days of the due date, Occupant's participation in the HOARDERS Protection plan shall terminate and Owner shall not be liable for loss of or damage to Occupant's stored property from any cause whatsoever. At Owner's sole discretion, Tenant's participation in the HOARDERS Protection plan may be reinstated upon payment of all rent and other charges due and owing.
6. The Amount Owner will pay if there is a Loss: Owner will pay the lesser of the actual amount you pay to repair the lost or damaged item(s) or to replace them with property of similar quality. In no event will Owner pay more than $2,500.00. OWNER WILL ONLY PAY CLAIMS IF DISC OR CYLINDER LOCK USED ON THE UNIT.
7. The Rental Agreement: All terms and conditions of the Agreement not specifically modified by this addendum are in effect and binding on the both Owner and Occupant.
NOTICE: This Is not an insurance policy and the Owner is not an insurance company. The Owner shall perform the obligations described In this addendum.