49th Ave Self Storage Agreement

49TH AVENUE SELF STORAGE
3850 49TH AVENUE
SACRAMENTO, CALIFORNIA 95823
PHONE (916) 421-0440
                 
THIS AGREEMENT, executed in duplicate in the city of Sacramento, Sacramento County, California, 
On this day _____ between 49th AVENUE SELF STORAGE, hereinafter called the OWNER and the
Occupant whose name is: _____________________________
Whose last known address is: __________________________
Whose Phone Number is: _____________________________
Whose Drivers License Number is:______________________
Whose Social Security Number is:______________________
Whose Email Address is: _____________________________

49th Avenue Self Storage agrees to rent the following unit to the customer under the conditions listed below, customer agrees to follow all conditions set forth by the owner.  

Name
UNIT/SPACE No.:_____        Size (Approximate):_____

If in military service, give branch and serial number:
Branch _____________________       Serial number_____________________ (Print and Fill Out)

RENTAL RATE:  $_____ PER MONTH 
This is a monthly lease for storage from _____. The first month's rent is hereby acknowledged. Each succeeding month rent is due and payable on the 1st day of each succeeding month until terminated by either OWNER or OCCUPANT in writing.

If you cannot be reached at the primary number or address we may contact you with the information below. 

Alternate Contact Person:____________________________
Relationship to Alternate Contact: _____________________
Address:__________________________________________
Alternate Phone Number:____________________________

If a vehicle of any kind including but not limited to a car, truck, boat, motorcycle, or recreational vehicle please print and fill out the information below. 
*Please provide additional information below:
Make______________________________
Model______________________________
Year _______________________________
V.I.N. or H.I.N No. ___________________
 License No._________________________
Length_____________________________
Color (s) ___________________________    

TYPE OF PROPERTY TO BE STORED
(Please indicate all that apply.)
Household Goods
Business Goods
Motor Vehicle
Watercraft
Trailer
Other    

OCCUPANT agrees that the stored property is owned solely by the OCCUPANT and is free and clear of all prior liens except for:

Description: _______________________________________________
Lien holder or Secured Party:__________________________________
Mailing Address:____________________________________________
City_________________________ State_________ Zip____________

Contact Phone Number for lien holder _______________________

IF OCCUPANT IS A BUSINESS, PROVIDE THE FOLLOWING INFORMATION

Business Name______________________________________________
Occupant's Title___________________________________________
Alternative Contact Person_________________________________

Name________________________________   Relationship____________________________

Street________________________________________________________________________

City_______________________ State_______________ ZIP___________________________ 
SERVICE CHARGE SCHEDULE

Late Payment Fee 15% of Monthly Rent or a minimum of $10 whichever is greater. 

Pre-Lien Fee........................................................$ 25.00

Lien Fee ..............................................................$ 25.00

Return Check Charge................................... $ 35.00

Vacate Notice Not Given.................................$ 30.00

Not Leaving Unit Broom Clean........................$ 30.00

Damage To Unit (Labor and Materials) ...........$TO BE DETERMINED AT TIME OF VACATING
MOVE-IN COSTS
Administrative charge..............................$___________
Prorated rent......................................... $___________
Rent.....................................................$___________
Performance deposit................................$___________
Lock......................................................$___________
Sales tax...............................................$___________

TOTAL MOVE-IN COST   .........................$__________


1. THIS FACILITY IS OPERATED IN ACCORDANCE WITH THE CALIFORNIA SELF-SERVICE STORAGE FACILITY ACT.

2. PREMISES: OWNER hereby leases to OCCUPANT and OCCUPANT rents from OWNER, on the terms and conditions herein set forth, the self storage facility described above, or the vehicle space described above, herein called "the premises". The premises shall be used solely for the purpose of storage pursuant to the terms and conditions of this agreement and for no other purposes whatsoever.

3. TERMS: The term of the agreement shall commence on the date set forth above and automatically continue on a month-to-month basis on the same terms and conditions as the previous month, unless and until OCCUPANT has removed his property from the premises and has given written notice thereof to OWNER at least ten (10) days in advance of vacating date. OWNER May terminate this agreement with or without cause of any end of any storage term, and OWNER May terminate this agreement for reasonable cause at any time by giving OCCUPANT written notice thereof at least ten (10) days prior to the termination date and upon refunding any unearned rental.

4. RENTAL TERMS/PERFORMANCE DEPOSIT: OCCUPANT agrees to pay rent to OWNER as set forth above, provided, however, that all rental rates will be subject to change up on 30 days written notice to OCCUPANT, and at the expiration of such 30 - day period,  the rental rate shall thereupon be effective as if set forth in this agreement. All rental is payable in advance. The minimum rental term is one month. The first payment of rent will be prorated to the first of the month plus 1 month's rent if the OCCUPANT rent begins on or after the 20th of the month. If the OCCUPANT'S rent begins before the 20th of the month, the first month's rent is prorated to the first of the month, with subsequent rent due on the first of each succeeding month. In addition to the rent, the OCCUPANT shall deposit with the OWNER a performance deposit, equal to the amount shown above in the Move-In Costs. Rental payments are not refundable. Any payment for less than one month beyond the first month minimum shall be at the daily rate as shown above.  All monthly rental rates are for a calendar month, all day rates are for a calendar day, midnight to midnight.  The performance deposit paid by OCCUPANT to the OWNER should not be applied as rent, and the OWNER is not required to segregate such performance deposit from the other funds. The performance deposit is refundable upon occupancy removing his property from the premises in a timely fashion at the expiration of the term hereof, leaving the premises in a neat and orderly condition with ordinary wear and tear  expected, and having met all the other terms and conditions of this agreement including removing OCCUPANT'S lock.  OCCUPANT will be responsible for additional rent for as long as OCCUPANT'S lock is on the space.  Performance deposit will be returned by U.S. mail. There's also an initial administrative fee in addition to the rent and performance deposit.

5. STATEMENTS, NOTICES, RETURNED CHECK CHARGE, LATE PAYMENT FEE:  It is expressly understood and agreed that OWNER is not required to nor does OWNER send out monthly statements or reminders of rental due dates. Notification will only be given when rent is delinquent. There is a service charge for each Dishonored check and /or for each rent payment which is paid ten (10) days or more after the date it is due to defray clerical and administrative expenses which result from such delinquencies. The amount of such service charge(s) is posted above. Such charges do without prior notice as additional rent. Time is of the essence and in the event any rental and /or service charge is due and unpaid, the owner May terminate this agreement by reason of default in the payment of rent.

6. OWNER'S LIEN: The California Self-Storage Facility Act (California Business and Professional Code Section 21700 - 21716)  grants the OWNER a lien upon all personal property located at this self - service storage facility for rent, labor, take payment fees, or other charges present or future, incurred pursuant to this rental agreement and for expenses necessary for the preservation, sale, or other disposition of personal property in accordance with said act. The OCCUPANT'S property will be subject to the claim of lien and may even be sold to satisfy the lien if the rent or other charges do remain unpaid for 14 consecutive days as authorized by California Business and Professional Code Section 21700 - 21716.
For purposes of OWNER'S lien: "personal property"  means movable property, not affixed to land, and includes, but is not limited to Kama Goods, merchandise, household items. The OWNER'S lien is superior to any other lien or security interest, accept a lien that is perfected and recorded on vehicles or vessels subject to registration or identification as required by law. It is the OCCUPANT'S responsibility to disclose the existence of any lien on any stored items. "Last known address," means that the address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of change of address.

7. AGREEMENT READ, COPY RECEIVED AND INCORPORATION OF PROVISIONS BELOW:
By placing your initials on the margin here, OCCUPANT acknowledges that they have read, is familiar with, and agrees to 
(a) all of the terms and conditions of this agreement, and (b) the provisions printed on the reverse side of this agreement, and
(b) OWNER and OCCUPANT agree that all such provisions constitute a material part of this agreement and are hereby incorporated by reference, including the reviewing of all bold faced items.  OCCUPANT acknowledges receipt of a true  and exact copy of this agreement and of the rules and regulations of this facility.

Initials:_______

8.INSPECTION: OCCUPANT has been afforded an opportunity to inspect the premises and the project property, and by placing his initials in the margin, acknowledges and agrees that the premises and the common areas of the project are satisfactory for OCCUPANT's purposes, including the Safety and Security thereof, for which OCCUPANT shall use the premises or the common areas of the premises. OCCUPANT shall be entitled to access the premises and the common areas of the premises only during such hours and on such days as are regularly posted at the premises. 

 Office Hours are Monday thru Saturday 10:00 a.m. to 6:00 p.m.
 Gate hours are from 6:00 a.m. - 9:00 p.m., "NO EXIT AFTER 9:00 p.m." 
 THIS IS A NON-SMOKING FACILITY, NO SMOKING ALLOWED ANYWHERE ON THE PREMISES.

Initials:_______

Any special exceptions or conditions to this rental agreement are to be written in the space that follows:

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________


9.      NON- LIABILITY OWNER FOR DAMAGES INSURANCE OBLIGATION OF OCCUPANT: This agreement is made on the express condition that owner is to be free from all liability and claim for damages by reason of injury or damages of any kind to any person, including occupant, or property of any kind whatsoever and to whomever belonging, except injuries caused by an affirmative act of owner or owners agent, and occupant hereby agrees to hold owner harmless from any liability, loss, cost (including, without limitation, attorneys fees) ' or obligation on account of arising out of any such injuries or losses however occurring, and occupant agrees that owners liabilities for damages/damage occasioned by it or its agent shall be limited to the sum of $100.00.

OCCUPANT agrees to maintain or secure fire, extended coverage and comprehensive liability insurance covering the full insurance value of goods or property stored on the premises. Occupant has the right to be self-insured, but assumes full risk for damage to stored property.
Insurance carried by the owner shall be for the sole benefit of the owner.  The occupant shall make no claim whatsoever against owners insurance. Therefore, occupant secures his own insurance to protect himself and his property against all perils of whatsoever nature. Owner shall not be liable whatsoever to any extent to occupant or occupants invitees, family, employees, agents or servants for any personal injury or property damage or loss from theft, vandalism, fire, smoke, water, mold, mildew, rodents, hurricanes, rain, tornadoes, explosions, earthquakes, acts of God or any cause whatsoever. It is specifically understood and agreed that owner need not be concerned with the kind, quality, or value of personal property or other goods stored by occupant.

10.     RELEASE OF LIABILITY: the occupant hereby releases the owner from loss or damage to occupants personal property due to theft, vandalism, fire, smoke, water, mold, mildew, rodents, hurricanes, rain, tornadoes, explosions, earthquakes, acts of God or any cause whatsoever. Occupant agrees that property stored is at the sole risk of the occupant.

11.     WAIVER:  the occupant agrees to waive occupants right to a jury trial, and agrees not to bring forth or participate in any class ' action lawsuit brought against the owner.

12.     NO BAILMENT IS CREATED HERE UNDER: owner is not a warehouseman engaged in the business of storing goods for hire, and all property stored with in or on the space by occupant or located at the facility by anyone is at occupants so risk. Occupant acknowledges that owner does not take care, custody, control, possession or dominion over the contents in or on the space or at the facility and does not agree to provide protection for the facility, the space or the contents thereof. Occupant must take whatever steps he deems necessary what is at the facility or in or on the space. Occupant assumes full responsibility for who has the keys and access to the space.

13.     IDENTIFICATION AND HOLD HARMLESS: occupant agrees to identify, defend and hold harmless the owner from and against any and all claims for damaged or lost property or personal injury and costs including attorneys fees arising from occupants rental of the space or the facility or from any activity, work, or thing done, permitted or suffered by occupant in the units spaces or about the facility.

14.     WAIVER OF SUBROGATION: occupant agrees to waive its rights and the rights of its insurance company for any claim for loss or damages against the owner.

15.     COMPLIANCE WITH LAW: occupant shall not store in the premises any items which shall be in violation of any order or requirement imposed by any board of health, sanitary department, police department or other government or governmental agency or in violation of any other legal requirements, or do any act or calls to be done any act which creates or may create a nuisance and/or hazard.

16.     USE AND ALTERATIONS: occupant shall not make or allow any alterations to the premises. The premises shall be used for storage purposes only as to those approved for such storage by the owner, such as merchandise, household goods, furniture, materials, supplies, equipment, boats and campers owned by occupant, and for no other use. The occupant agrees to comply with the rules and regulations of the owner, and further agrees that the owner shall have the continuing right to amend such rules and regulations from time to time as the owner in his sole discretion shall deem proper, and the occupant agrees to comply with such amendments within a reasonable time following notification of such amendments. The occupant acknowledges that he has read the rules and regulations that may be attached hereto and that he has also observed a copy of said rules and regulations posted in the office of the project.

17.     WASTE, QUIET CONDUCT, MAINTENANCE:  occupant shall not commit, or allow to be committed, any waste upon the premises or in any building or property adjacent to the premises, nor shall occupant use the premises for any business use or purpose in any manner deemed by the owner to be disruptive or hazardous. The storage of welding, flammable, explosive or other inherently dangerous materials is prohibited. Occupant shall take good care of the premises, whether to the interior or exterior of the premises necessitated or occasioned by the act or neglect of occupant or any agent of occupant or other person for whose acts occupant is responsible.

Occupant shall not cause or permit any hazardous substance or any highly corrosive, toxic, or pollutant type materials to be stored, used, generated, or disposed of on or in the premises by occupant, occupants agents, employees or invitees. If hazardous substances are stored, used, generated, or disposed of on or in the premises, or if the premises becomes contaminated in any manner for which the occupant is legally liable, occupant shall identify and hold harmless the owner from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums paid for settlement of claims, attorneys fees, consultant and expert fees, arising during or after the lease term and arising as a result of that contamination by occupant. Without limitation of the foregoing, if I keep it causes or permits the presence of any hazardous substance on the premises and that results in contamination, occupant shall promptly, at its sole expense, take any and all necessary actions to return the premises to the condition existing prior to the presence of such hazardous substance on the premises.

18.     LOCKS: at all times during the occupancy of the rented space, the occupant will provide, at occupant's own expense, a disc lock for the premises that occupant, and occupants sole discretion, deems sufficient to secure the occupied space. Although there may be a place on the door of the rented space for a second lock, occupant is only permitted to use a single lock. Owner has the right, as he deems necessary, or at the request of any governmental authority, to remove such lock by cutting or any other means. In the event any governmental agency or authority should demand that occupants space be open for any reason, occupant will be properly notified. If owner or any authorized governmental agency removes occupants lock, the owner may elect to secure the occupant space with owners over lock until the occupant can inspect the rented space and provide a new lock to secure said space. The owner or any authorized governmental agency shall not be held liable for the replacement of any lock that is damaged by forced entry. When the occupants lock is removed by owner or any authorized governmental agency, the owners Overlock remains on the occupied space, said action does not constitute bailment in any manner. This action by owner is a temporary measure until occupant can inspect and provide a new lock to secure the rented space.

19.     ABANDONMENT OF OCCUPANTS PROPERTY: any property that remains in or around the occupants rented space or on the premises after the expiration or termination of this agreement shall be deemed to have been abandoned in that the same has no monetary value, and such property may be retained by owner as its property or disposed of in such manner as owner may see fit. The owner may also deem, at owner's sole discretion, the contents abandon if the occupant removes the lock from the rented space. By contract the occupant is required to maintain a lock of the occupied space at all times. If said abandon property or any part thereof is sold, owner may receive and retain the proceeds of such sale and apply the same, at its option, against the expense of the sale, the cost of moving and storage, and any arrears of rent or additional rent payable hereunder and any damages to which owner may be entitled. If the owner deems the property to have no sellable value, the owner may dispose of the property at occupancy expense.

20.     OWNERS RIGHT OF ENTRY: occupant grants owner, owners agents or representatives of any authorized governmental authority, including police and fire officials, access to the storage space upon three days advance written notice to the occupant. In the event of any emergency, owner, owners agents or representative of any authorized governmental authority shall have the right to enter the storage space to take action as necessary or appropriate to protect the storage facility, to comply with applicable law or to enforce the owners rights. Owner shall promptly notify occupant by certified mail, either by, either before or after entry, so that occupant can inspect and provide a new lock to secure the rented space.

21.     SALE OF CONTENTS:  The California Self ' Service Storage Facility Act grants the owner a lien upon all personal property, whether or not owned by the occupant, located at the self ' storage facility for rent, labor or other charges. In case any rent shall be due and unpaid, or occupant shall default in any of the covenants or conditions herein contained,or if the self storage unit shall be abandoned or vacated by occupant, the owner may elect to exercise any rights it may have to enforce its lien in accordance with the Act and /or any other applicable California state laws.  

22.     NO WARRANTIES: owner hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the premises and occupant hereby acknowledges, as provided in article 8 on the reverse side, the occupant has inspected the premises and hereby acknowledges and agrees that owner does not represent or guarantee the safety or security of the premises or of any property stored there in. This agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto. No representative of owner is authorized to make any representations or warranties except as expressly set forth herein.

23.     ACCEPTANCE OF PAYMENT OF RENT:  The owner has the right to reject or accept any partial payment of rent. Owner may accept a partial rent payment, while the occupant is in default however, the occupants status will remain as in default from the date the payment was due, and such payment will not constitute a waiver of owners rights to proceed with foreclosure and sale of the stored property as provided by law. The owner reserves the right to require that any past due payment be made in cash, cashiers check, or money order.

24.    SPACE SIZE: Occupant understands advertised sizes are approximate and for comparison purposes only. The space rented by occupant may be smaller or larger than advertised. The unit is not rented by the square foot, and rent is not based on square foot measurements. 

25.     ASSIGNMENT:  occupant shall not assign or sublease the premises or any portion thereof. Any attempt to assign or sublease shall be void.

26.     COVENANT OR CONDITION WAIVER:  the waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition upon any subsequent breach of the same term, covenant or condition. Any subsequent acceptance of performance shall be deemed to be a waiver of any preceding breach of any term, covenant or condition of this agreement, other than the failure to perform the particular duty subsequently accepted, regardless of knowledge of such proceeding breach at the time of acceptance of such performance.

27.     ATTORNEYS FEES AND COSTS:  in the event any action is instituted, or other proceedings taken to enforce any covenants herein contained or to recover any rent due or to recover possession of the premises for any default or breach of this agreement by occupant, occupant shall pay owners reasonable attorneys fees, costs and expenses.

28.     SUCCESSORS:  all provisions shall apply to the heirs, executors, representatives, successors and assigns of the occupant and of the owner.

29.     NUMBER AND GENDER: wherever the context of this agreement appears to require it, the singular number shall include the plural, and vice versa, and the masculine gender shall include the feminine and/or neuter genders, and vice versa.

30.     CONSTRUCTION:  this agreement has been reviewed and negotiated and its terms and provisions explain to occupant. Accordingly, this agreement shall not be construed for or against either owner or occupant.

31.     SEVERABILITY:  in the event that any of the provisions or portions thereof of this storage agreement are held to be unenforceable, invalid, void or illegal, by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions or portions hereof shall not be affected or impaired thereby.

32.     NOTICES:  occupant agrees to give prompt written notice to owner of any change in occupants address and any change in the liens and security interests on occupants property in the space. Said written notice to the owner shall be personally delivered to owner's representative at owner's office, B, by mailing the notice by certified mail, return receipt requested, with postage prepaid to the owner to the mailing address on the Riverside or see, by mailing the notice first-class mail to the mailing address on the reverse side. If notification option C is chosen, then it is occupant's duty to confirm receipt or notice with the owner, and verify that all applicable records have been updated.

33.  MILITARY SERVICE MEMBER: If occupant or their spouse is a member or becomes a member of the armed forces, a reserve branch of the armed forces, or the National Guard during the term of this agreement, Occupant must disclose said information to owner in the last known address area of the contract or via written notice to the owner. If you are transferred or deployed overseas on active duty you must provide owner written evidence of the transfer or deployment prior to the transfer or deployment. The owner will rely on this information to determine the applicability of the Service Members Civil Relief Act. 

34.     ELECTRICITY: in the event there is an electrical outlet within the leased or rented space for the purpose of providing a light or for plugging in an electrical appliance, the occupant is cautioned that the power to the electrical circuit may be turned on or off at the option of the owner. Accordingly, the occupant was required to turn off all lights and disconnect any powered appliance before leaving the rented space. If continuous and/or intermittent electric service is desired and is available, special arrangements must be made with the manager for its use. If such an arrangement is made, the owner assumes no liability resulting from the failure, regardless of the source of failure of the power supply.

35.     VALUE LIMIT:  occupant agrees not to store property with a total value in excess of $5000 without prior written consent of owner, which consent may be withheld in owners sole discretion and, if such written consent is not obtained, the total value of occupants property shall be deemed not to exceed $5000. Occupant further agrees that the maximum liability of owner to occupant for any claim or suit by occupant, including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit, is $5000. Nothing in this section shall be deemed to create any liability on the part of the owner to occupant for any loss or damage to occupants property, regardless of cost.

36.    EMOTIONAL LOSS:  occupant agrees not to store collectibles, heirlooms, jewelry, works of art or any property having special or sentimental value to occupant. Nothing herein shall constitute any agreement or admission by the owner that occupant stored property has any value. Owner shall not be liable for any loss occasioned by or resulting from emotional distress.


WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and year first written above.

OWNER:

BY_____________________________________
   Owner's Agent 



X______________________________________               
          [[CUSTOMER_NAME]]