Storage AgreementSunshine Plaza & Storage Units Agreement
ARIZONA LAW REQUIRES SELF-STORAGE OCCUPANTS TO DISCLOSE:
1. Whether any of the following Protected Property is or will be stored in the Leased Space:
___ Documents, files or electronic data containing financial, medical, legal or passport information about Occupant's customers, clients or patients (except Occupant's personal records).
___ Pharmaceuticals (except those dispensed by a pharmacy for Occupant's personal use).
___ Alcoholic beverages ___ Firearms
2. Lienholders or secured parties with an interest in property to be stored:
DESCRIPTION OF PROPERTY
IDENTITY OF LIENHOLDER
City, State, Zip ______________________________________________________________
Occupant: Check here if you are now active duty Military ____All terms, including rent and other charges are subject to change upon 30 days prior written notice to Occupant. Continued occupancy after the effective date of any change constitutes Occupantâ€™s agreement to be bound by the change.
1. TERM: This Lease creates a month-to- month tenancy beginning on the Lease Start Date and renewing each Rent Due Date after that until terminated.
2. RENT: The Monthly Rent must be received by Operator by the Rent Due Date, without notice or invoice to Occupant.
3. SECURITY DEPOSIT: If one is required, it will be refunded to Occupant without interest within 90 days after termination of the Lease, provided that 1) all property has been removed from the Leased Space, 2) the Leased Space is in good condition, 3) Occupant does not owe any debt to Operator, and 4) Occupant has given the required termination notice. Operator may use the Security Deposit to repair, restore and clean the Leased Space, and to satisfy any debt Occupant owes Operator, returning the remainder, if any, to the Occupant.
4. DISHONORED PAYMENT FEE: Occupant agrees to pay this fee if any form of non-cash payment (e.g., check) is defective or dishonored.
5. LATE FEE: Operator may charge a Late Fee for each month that the Occupant does not pay rent when due. The Rent Due Date and the date on which the Late Fee accrues are as stated above.
6. OTHER FEES: If one or more Other Fees are specified, each such fee is a one-time, non-refundable fee unless otherwise specified.
7. PAYMENTS: Operator reserves the right to demand payment of rent or other charges by cash, money order or cashier's check. Operator may accept or reject partial payments at its sole discretion. Operator's acceptance of a partial payment is not a waiver of its right to full payment, nor does it limit the exercise of Operator's rights and remedies for lack of full payment. If Occupant occupies multiple spaces, Operator will apply any rent payment equally among all leases for which rent is owed.
8. USE OF SPACE: No bailment is created under this Lease. Occupant agrees not to store collectibles, heirlooms, jewelry, works of art or any property having special or sentimental value to Occupant in the Leased Space. Occupant agrees not to use the Leased Space as living quarters, work- space or for gatherings. Occupant agrees to not modify or damage the Leased Space, not to use electricity or utilities in it (other than standard lighting), and to return it in the same condition as delivered, reasonable wear and tear excepted. Occupant agrees to comply with all applicable laws, ordinances and regulations and not to disturb the peace. Occupant agrees not to store any food; perishables; fertilizers; pesticides; fuels; explosives; ammunition; contraband; batteries; infectious, flammable or odorous materials; hazardous or toxic materials (as defined by law); or living things or organisms in the Leased Space (â€œProhibited Materialsâ€). Occupant shall be liable for all costs arising from the presence of Prohibited Materials in the Unit, including the costs of removal and disposal. Occupant may only secure the Leased Space with one padlock. Operator may cut any additional padlock and charge Occupant for the padlock's removal.
9. ACCESS: Unless in default, Occupant and any person having Occupant's access code and lock key shall have access to the Leased Space during Operator's normal hours of operation as may be reasonably adjusted from time to time, except that Operator may place reasonable restrictions on Occupant's access for health, safety, security, maintenance and other good reasons. The person(s) identified as an Alternate Contact shall have the same access to the Leased Space as the Occupant if the Occupant dies, becomes legally incapacitated (as determined by a court), is incarcerated or is on active military duty. If the â€œfull accessâ€ box on the front of the Lease is initialed, then such person(s) shall have the same full access to the Leased Space as the Occupant. Any access to the Leased Space granted to persons other than Occupant shall be deemed to be for the use and benefit of Occupant, and such persons are not considered tenants or users of the Leased Space.
10. OPERATOR INSPECTION: Occupant hereby grants Operator the right to inspect the Leased Space and anything contained in it at any time and without prior notice to Occupant for the purpose of repair, maintenance, improvements, to supply necessary or agreed services, to determine compliance with the terms of this Lease or for any other reasonable purpose. Operator reserves the right to remove property from the Leased Space as necessary for any of the above purposes.
11. INSURANCE: Any insurance protecting the personal property stored within the Leased Space against fire, theft or damage must be provided by the Occupant. Operator carries no insurance protecting property stored in the Leased Space. Occupant agrees that any insurance company shall not be subrogated to any claim of Occupant against Operator or its agents, guests, employees, principals and other representatives.
12. RELEASE OF LIABILITY FOR PROPERTY DAMAGE: Property stored in the Leased Space shall be at Occupant's sole risk. Operator and its agents, guests, employees, principals and other representatives shall not be liable, even if they are negligent, for any loss or damage to Occupant's property from fire, flood, mold, theft, vandalism, defects in the premises or any other cause whatsoever. If an employee of Operator handles Occupantâ€™s property as an accommodation to Occupant, neither the employee nor Operator shall have any liability for loss or damage to such property. Occupant shall not store property with a total value exceeding $5,000 in the Leased Space, which amount shall be the maximum amount of Operator's liability, if any. Operator shall have no liability for the emotional or sentimental value of any property.
13. RELEASE OF LIABILITY FOR PERSONAL INJURY: Operator and its agents, guests, employees, principals and other representatives shall not be liable, even if they are negligent, for any personal injuries arising out of Occupant's use, access and occupancy of the Leased Space.
14. INDEMNITY AND LIABILITY: Occupant agrees to defend, indemnify and hold harmless Operator and Operatorâ€™s agents, guests, employees, principals and other representatives, even if any of them are negligent, against all claims and demands, including ones for personal injury or property damage, arising out of Occupant's use, access and occupancy of the Leased Space and facility, and that of Occupant's agents, guests, employees, principals and other representatives. Occupant acknowledges that Operator does not represent or warrant the safety or security of the Leased Space and facility.
15. OPERATOR'S LIEN: A lien accrues in favor of the Operator on all property stored in the Leased Space as of the date the rent is unpaid and due. The property stored in the Leased Space may be sold or otherwise disposed of to satisfy the lien if the Occupant is in default.
16. DEFAULT: Occupant is in default if (s)he fails to meet any obligation in the Lease, including the timely payment of rent and other charges. Occupant is in default if (s)he made any misrepresentation in the Lease. If Occupant has multiple leases with Operator, a default under any one of them constitutes a debt owed and a default under all of them. Upon a default by Occupant, Operator may 1) deny Occupant access to the Leased Space, 2) sell the contents of the Leased Space, or if the contents are Protected Property, destroy such property, all in accordance with Operatorâ€™s lien rights under Arizona law, the cost of which removal and destruction being charged to Occupant, and/ or 3) pursue any other rights and remedies legally available to it.
17. TERMINATION: Either party may cause this Lease not to renew for the next 30-day term by giving written notice to the other at least 10 days prior to the end of the current 30-day term, except that Operator may also immediately terminate this Lease if Occupant is in default. Upon termination, no refund of prepaid rent is available. Occupantâ€™s termination is only effective if Occupantâ€™s lock is removed and the Leased Space is vacated.
18. LEFTOVER PROPERTY: Any property left in the Leased Space or at the facility after a lien sale or after Occupant has moved out shall be deemed abandoned by Occupant, and Operator may discard, destroy or otherwise dispose of such property as it sees fit.
19. RULES: Occupant agrees to comply with all rules published by Operator related to the use, access and occupancy of the Leased Space and facility, which rules constitute a part of this Lease.
20. NO SUBLETTING: Occupant shall not assign or sublet any portion of the Leased Space without written permission from the Operator.
21. CHANGE OF INFORMATION: Occupant shall notify Operator in writing of any change to Occupantâ€™s personal information in a document created expressly for the purpose of such notification. Occupant must notify Operator in writing if Occupant is now, or later becomes, an actively serving member of the military.
22. ENTIRE AGREEMENT: This Lease, including any written addenda, constitutes the complete and entire agreement between the parties. There are no separate oral agreements between the parties, and Occupant acknowledges that (s)he is not relying on any oral representations by Operator purporting to modify or add to this Lease.
23. NON-WAIVER: No term or condition of this Lease shall be deemed waived except by written consent of the party against whom the waiver is claimed. The effect of any waiver of a term that is granted shall have no effect in the future nor upon any other provision of the Lease.
24. ARBITRATION: Any controversy or claim relating to this lease or its breach shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on a resulting award may be entered in any court having jurisdiction. This arbitration clause does not apply to a forcible detainer action brought by the Operator against the Occupant. Class relief shall not be available in such arbitration. If the amount claimed exceeds $25,000, either party shall be entitled to a three arbitrator panel if requested. The arbitration shall be conducted in the county where the facility is located. Occupant shall initiate arbitration within 12 months after the event(s) giving rise to it. The prevailing party shall be entitled to an award of reasonable attorney's fees and other legal expense.
25. All space sizes are approximate. The Leased Space may be smaller than advertised. Occupancy of the Leased Space confirms that its size is satisfactory to Occupant.
26. OTHER: Taxes will be added to any amount owed under the Lease subject to taxation at the then applicable tax rate. Occupant shall give any notice or demand to Operator in writing. Time is of the essence as to all of Occupant's duties under this Lease. This Lease shall be subordinate to any other lien or encumbrance now or hereafter placed on the facility by Operator. Any lease provision found to be unenforceable or in violation of applicable law is severable. No party shall be deemed the drafter of this Agreement for purposes of the rule of construing against a document drafter. Operator may assign this Lease, in which event Operator shall no longer be liable under it and the assignee shall be liable. If there are multiple occupants for the Leased Space, they shall be jointly and severally liable under this Lease. This Lease shall be governed by Arizona law.
POLICE CRIME-FREE PROVISION
Occupant and any guest, invitee or other person authorized by Occupant shall not engage in, facilitate or permit the Leased Space or facility to be used in connection with any criminal activity, including drug-related activity. Occupant agrees only to use the type of padlock authorized by Operator. Violation of this provision is grounds for immediate termination of the Lease, regardless of whether Occupant is criminally prosecuted. Occupant authorizes Operator to release rental information in the event of a police investigation.
Â© 2002-2010 Arizona Self-Storage Association
All rights reserved. This form may not be
duplicated in whole or in part except as expressly permitted under an AZSA use agreement.
AZSA Form L0001E (Rev. 07/10)