Fill and Sign the Storage Space Agreement Form

Storage Space Agreement Storage Space Agreement ( this Agreement) made on the       day of       , 20       , between       of       , (Name of Lessee) (Street Address)       , referred to herein as the Lessee, and       , (City, County, State, Zip Code) (Name of Lessor) a corporation organized and existing under the laws of the state of       , with (Name of State) its principal office located at       , referred to herein as (Street Address, City, County, State, Zip Code) Lessor . Whereas, this Agreement is being entered into for the purpose of leasing or renting certain space as hereinafter described; and Whereas, this Agreement is being entered into with the express understanding and Agreement that no bailment of deposit of goods for safekeeping is intended of created hereunder; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessee hereby leases and rents from Lessor those certain premises described above as Space Number       (the storage space ), pursuant to the following terms and conditions. I. Rental. A. Lessee shall pay as rental for the storage space $       per month, payable, without demand, in advance on the       day of each month commencing on the date set forth above. If the term of this Agreement commences on a day other than the first day of a month, Lessee shall only owe a portion of the first month‘s rent. Any rent paid in advance in excess of that owed for the prorata portion of the first month of this Agreement shall be credited to the month immediately following. B. Lessee agrees that in no event will Lessee be entitled to receive a refund of the rent paid for the first month of the Agreement. In addition, Lessee further agrees that if this Agreement is terminated on other than the last day of any month, Lessee is not entitled to a refund of any prorata portion of the month in which this Agreement is terminated. C . In the event that rent is not paid within       days after then due date, or in the event of a dishonored bank check from Lessee to Lessor, because actual damages for said late payments and dishonored bank checks are extremely difficult to ascertain, Lessee agrees to pay as liquidated damages $       for said late payment and/or Storage Space Agreement Page 1 of 5 for said dishonored bank check as additional rent. Said additional rent is due and payable immediately after Lessor‘s charging of the same. Charging or payment of a late payment charge and/or a dishonored bank check charge shall not limit Lessor‘s right for Lessee’s breach of any other terms of the Agreement. D. The monthly rental rate may be changed at any time by Lessor giving written notice to Lessee at the address provided above,       days before the expiration of any month of this tenancy. If Lessee has made an advance rental payment, the new rate will be charged against such payment. II. Access to Space. Lessor authorizes the following persons to have access to the storage space for the purpose of depositing or withdrawing property or doing anything else in connection with any property in or on the storage space:             . (Names of Persons to have Access) III. Term. The term of this tenancy shall commence as of the date set forth above and shall continue from the first day of the month immediately following, on a month to month basis. IV. Use. A. Lessee shall not store or permit the storage of any hazardous substances which require the issuance of a permit by the Environmental Protection Agency or any state or local agency governing the issuance of hazardous substances permits. B. Lessee shall indemnify Lessor and hold Lessor harmless from and against all loss, cost, damage and expense (including, without limitation, attorneys' fees and costs incurred in the investigation, defense and settlement of claims) that Lessor may incur as a result of or in connection with the assertion against Lessor or any claim relating to the presence or removal of any hazardous substances, referred to in this Paragraph IV, or compliance with any federal, state or local laws, rules, regulations or orders relating thereto. The agreement to indemnify Lessor shall survive this Agreement. C. Lessee acknowledges and agrees that the storage space is not suitable for the storage of irreplaceable, sentimental, valuable or precious property including heirlooms, art jewelry, manuscripts, books, records or other unique types of personal property. Lessee agrees that in no event shall the total value of all property stored be deemed to exceed $       unless Lessor has given permission in writing for Lessee to do so. D. Lessee shall not do or permit to be done any act which creates or may create nuisance in connection with Lessee‘s use of the space. V. Release of Lessor’s Liability. As a further consideration for the use and occupancy of the storage space , Lessee agrees that Lessor, its agents, employees, and assigns shall not be liable to Lessee, his agents, guests, licensees or invitees for any loss or damage, injury or death caused to them or to their property, as the result of the use and occupancy of the storage space . It is Storage Space Agreement Page 2 of 5 further agreed that any stored property is placed in this space at Lessee‘s sole risk, and Lessor and Lessor‘s 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 negligence of Lessor or Lessor‘s agents, employees, or assigns. Lessee acknowledges that Lessor does not warrant or represent that stored property will be safely kept, nor that it will be secure against theft, nor that the premises and space are secure against hazards caused by rodents, insects, fire or the elements or weather or earthquake. It is agreed by Lessee that this release of Lessor‘s liability is a bargained for condition of the rent set forth above, and that were Lessor not released from liability as set forth here, a much higher rent would have to be agreed upon. VI. Insurance. Lessor does not provide insurance covering Lessee‘s stored property. Lessee agrees to maintain at his expense a policy of extended liability coverage and a policy for insurance with theft, vandalism and malicious mischief endorsement for the full replacement value of his stored property. This insurance is for the benefit of both Lessee and Lessor. Lessee expressly agrees that the carrier of such insurance shall not be subrogated to any claim of Lessee against Lessor, or Lessor‘s agents or employees. Lessee agrees to indemnify and hold harmless Lessor from any expense, cost, or damage, incurred by reason of any claim or action based in whole or in part upon such subrogation. In the event Lessee seeks Lessor‘s written consent to store property valued in excess of $       , as a condition of such consent, Lessee covenants to obtain insurance coverage for the full value of the stored property, naming Lessor as an additional insured. VII. EXCEPT AS SPECIFICALLY SET FORTH IN THIS WRITTEN AGREEMENT, LESSEE AGREES THAT (i) LESSOR HAS MADE NO REPRESENTATIONS TO THE EFFECT THAT THE STORAGE SPACE, OR SERVICES PROVIDED ARE OF ANY DIFFERENT STANDARD, QUALITY, OR GRADE, OTHER THAN SET FORTH IN THIS AGREEMENT, (i) THAT NO ADVERTISEMENT HAS BEEN MADE BY LESSOR WHICH IS INCONSISTENT WITH THE TERMS OF THIS AGREEMENT, (iii)THAT NO REPRESENTATIONS CONCERNING RIGHTS, REMEDIES, OR OBLIGATIONS OF EITHER LESSOR OR LESSEE THAT ARE INCONSISTENT WITH THE TERMS OF THIS AGREEMENT HAVE BEEN MADE, AND (iv) THAT NO OTHER REPRESENTATIONS CONCERNING THE STORAGE SPACE OR THE SERVICES PROVIDED HAVE BEEN MADE WHICH ARE INCONSISTENT WITH THE TERMS OF THIS WRITTEN AGREEMENT. VIII. CONTRACTUAL LANDLORD‘S LEIN. LESSEE AGREES THAT LESSOR HAS A CONTRACTUAL LEIN ON THE LESSEE‘S STORED PROPERTY, WHICH LIEN ATTACHES ON THE DATE LESSEE PLACES THE PROPERTY AT LESSOR‘S FACILITY. THIS LIEN SHALL CONSIST OF ALL CHARGES FOR RENT OR OTHER SERVICES DUE AND UNPAID UNDER THIS AGREEMENT, AS WELL AS THE REASONABLE EXPENSES INCURRED IN ENFORCING THE LIEN. IN THE EVENT ANY SUCH CHARGES REMAIN UNPAID       DAYS AFTER DUE, LESSOR MAY TERMINATE LESSEE‘S RIGHT TO USE THE STORAGE SPACE, DENY LESSEE ACCESS TO THE SPACE, AND SEIZE Storage Space Agreement Page 3 of 5 LESSEE‘S STORED PROPERTY. THE LIEN SHALL BE DEEMED TO BE IMPOSED, AND SHALL BE INFORCED PURSUANT TO ALL OF THE TERMS PROVIDED FOR SELF SERVICE STORAGE FACILITY LIENS PURSUANT TO       (Cite appropriate section of State’s Property Code) [For example: CHAPTER 59 OF THE TEXAS PROPERTY CODE, SECTIONS 59.001 THROUGH 59.046] AND SUCH OTHER, ADDITIONAL, OR AMENDED SECTIONS AS MAY FROM TIME TO TIME BE IMPOSED PURSUANT TO SUCH LAW AS MAY GOVERN THE IMPOSITION AND ENFORCEMENT OF SELF SERVICE STORAGE FACILITY LIENS. IX. Risk of Loss. Lessee assumes all risk of damage or loss of any merchandise or goods located in or about the storage space from any cause and for all damage or loss that may arise from delivery, receipt, piling, stacking, or handling the goods or merchandise of Lessee. X. Effect of Instrument. This is a contract of lease and rental of space and shall not be construed by the parties or otherwise as an agreement of bailment, deposit, or storage. XI . No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XII. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . XIII . Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. XIV. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XV. Entire Agreement. This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XVI. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. Storage Space Agreement Page 4 of 5 XVII. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XVIII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated.       (Name of Lessor) By: By: (Signature of Lessee) (Signature of Officer)             (Printed Name of Lessee) (Printed Name & Office in Corporation) Storage Space Agreement Page 5 of 5