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RENTAL OF SPACE
In consideration of the
covenants and conditions
contained in this rental
agreement “Owner rents to
Occupant Storage Space at the
self-service Storage Facility at
the above described site. Owner
is not in the warehouse
business, nor in the business of
storing goods for hire. Under no
circumstances shall Owner be
deemed to be bailee or other
type of custodian. Owners
employees have been forbidden
from providing any services on
behalf of Owner.
Should employees of Owner
provide services at Occupants
request, They shall be deemed
agents of Occupant.
RENT:
Occupant shall pay to Owner
in advance on the first day of
each month the rent for that
month either by mail or in
person at 715 N. 935 W. Cedar
City Ut. 84720 in lawful money
of the United States.
Occupant agrees to pay the Late
Charge for rent received after
6:00 pm on the 15th day of the
month for which it is due. Not
withstanding the above, Owner
may accept correctly drawn
checks for payment of Rent. If a
check is returned uncollected,
Payments represented by it shall
be considered delinquent on the
date originally due and shall be
subject to all collection fees
allowed by law. Owner may
increase the rent by notifying
Occupant in writing at least 30
days prior to the first day of
the month for which the
increased Rent is due. Occupant
shall pay the increased Rent
from the date it becomes
effective. An Occupant unwilling
to pay the increased Rent may
terminate this Rental Agreement
as provided in the PERIOD OF
OCCUPANCY.
NOTICE: ALL ARTICLES STORED
UNDER THE TERMS OF THIS RENTAL
AGREEMENT WILL BE SOLD OR
OTHERWISE DISPOSED OF IF NO
PAYMENT HAS BEEN RECEIVED FOR A
CONTINUOUS 30 DAY PERIOD.
U.C.A 38-8-4 seg.
PERIOD OF OCCUPANCY:
The Period of Occupancy
created by this Rental Agreement
shall begin as of the date of
this Rental Agreement, and shall
continue from month to month
except for a possible partial
first calendar month. Occupancy
shall run from the first day of
each calendar month to the last
day of that calendar month.
Occupant or Owner may terminate
the Occupancy created by this
Rental Agreement by delivering
written notice to the other
party of its intention to do so
at least 15 days prior to the
last day of the calendar month
in which the occupancy will
terminate. Occupant also agrees
to call and notify Owner on
actual day of vacation of unit.
Any property left in the Storage
Space after the date for which
Occupant has given notice to
terminate will be deemed
abandoned by the Occupant. After
said date, Owner may remove any
lock from the Storage Space and
dispose of the contents thereof
without notice or liability to
the Occupant. Owner shall give
notice to any lien holder with
and interest in the property to
be disposed of, of whom the
Owner has knowledge either
through the disclosure provision
on this Rental Agreement, or
through finding a validly filed
financing Statement as provided
by law. Owner may also terminate
this Rental Agreement by any
means provided by law.
Insufficient termination notice
will extend the occupancy into
the following month.
RESPONSIBILITY FOR OCCUPANTS
POSSESSIONS:
Owner shall have no liability
for damage or loss caused by
heat, cold, theft, vandalism,
fire, water, winds, dust, rain,
explosion, rodents, insects, or
any other cause whatsoever.
Owner carries no insurance
covering a loss to Occupants
possession. Occupant shall
maintain a policy of fire and
extended coverage insurance with
theft, vandalism, and malicious
mischief endorsements to the
extent of 100% of the
replacement value of the
property in the Storage Space.
To the extent Occupant does not
maintain each insurance Occupant
agrees to “Self Insure” the
property to the same extent as
such a policy would have
provided. Owner shall not be
liable to Occupant or Occupants
invitees for personal injuries
or damage to personal property
caused by any act or negligence
of any person on said premises.
Occupant hereby agrees to
indemnify and hold harmless the
Owner from any and all claims
for damage to property or
personal injury and costs
including attorney’s fees
arising from Occupant’s use of
the premises. Owner shall not be
deemed to either expressly or
implied provide any security
protection to Occupant’s
property maintained at the Site.
Any security devices which Owner
may maintain at the Site are for
The Owners convenience only.
Owner may discontinue their use
in whole or in part at any time
without notice to Occupant.
PERFORMANCE DEPOSIT:
Owner has waived the Performance
Deposit to facilitate lower move
in costs for Occupant. However
Occupant agrees to return unit
to Owner upon termination of
Rental Agreement. Broom Clean
and free of any damage imposed
by Occupant. Occupant further
agrees to pay Owner actual costs
for any repairs on unit deemed
to be caused by Occupant.
Occupant further agrees to pay
cleaning costs in the amount of
$30.00 per hour on any unit not
cleaned and ready to rent.
USE OF THE STORAGE SPACE:
Occupant shall comply with all
governmental laws, rules and
regulations regarding the use of
the Storage Space. Occupant
shall not use such space to
Store any inflammable,
combustible, explosive,
corrosive, perishable, noxious
or dangerous materials. Occupant
shall not place any signs or
markers about the Space.
Occupant shall not use the
Storage Space for residential
purposes. OCCUPANT
WARRANTS THAT ALL ITEMS PLACED
BY OCCUPANT IN THE STORAGE SPACE
SHALL BE OCCUPANT’S OWN
PROPERTY, FREE OF ALL INTERESTS
OR LIENS OF ANY LIEN HOLDER
EXCEPT THOSE WHICH, AS REQUIRED
BY LAW, OCCUPANT HAS DISCLOSED
IN THIS RENTAL AGREEMENT OR IN
SUBSEQUENT WRITTEN NOTICE TO THE
OWNER. All personal
property located in the Storage
Space shall be subject to
enforcement of the Owners Lien
for rent, labor, or other
charges in relation to the
personal property and for
expenses necessary for its
preservation or reasonably
incurred in its sale or other
disposition, as provided by law.
Occupant shall not place any
personal property or material
outside the Storage Space. Any
personal property or material
found outside the Storage Space
shall conclusively be presumed
to be abandoned and may be
disposed of by Owner and at
Occupants expense, without any
liability of Owner to Occupant.
Occupant must keep Storage Space
Locked and provide his own lock
and key. Occupant may place only
one lock on Occupant’s Storage
Space and hereby authorizes
Owner to remove any additional
lock from the latching device
for such Storage Space.
DELIVERY OF NOTICES:
Occupant’s address shall be
conclusively presumed to be the
address provided by the Occupant
in this Rental Agreement. Unless
Occupant provides Owner with a
subsequent written notice of
change of address. All notices
required or permitted by this
Rental Agreement shall be
presumed delivered when either
delivered in person or deposited
with United States Postal
Service properly addressed with
postage prepaid, except as
otherwise by law.
DEFAULT BY OCCUPANT:
Time is of the essence in the
performance of obligations
created by this Rental
Agreement. Failure of the
Occupant to perform in a timely
manner any obligation or duty
set forth in this Rental
Agreement shall constitute
Default and Owner may proceed to
do any or all of the following:
A. Provide written notice of the
default and the Owner’s Claim to
the Occupant, to any lien holder
with and interest in the
property, of whom the Owner has
knowledge either through
disclosure provisions in this
Rental Agreement or through
finding a validly filed
financing statement AND TO THE
SHERIFF OF THE COUNTY IN WHICH
THE SITE IS LOCATED. Such notice
shall include and itemized
statement of Owners claim, a
brief and general description of
the personal property subject to
the Owners lien, notification of
denial of access to the
property, a demand for payment,
and a statement that, unless the
claim is paid within the time
stated, the personal property
will be sold or otherwise
disposed of as provided by law.
B. DENY OCCUPANT ACCESS TO THE
PERSONAL PROPERTY.
C. TERMINATE OCCUPANT’S RIGHT OF
POSSESSION OF THE STORAGE SPACE
BY ANY LAWFUL MEANS.
D. TAKE APPROPRIATE ACTION TO
ENFORCE THE OWNER’S LIEN AS
PROVIDED BY LAW.
In addition to the amount of
Owner’s lien, occupant(s) will
be responsible for all
collection fees assessed by any
collection agency up to 50% of
amount owing retained to pursue
the matter, reasonable
attorney’s fees, court costs,
service of process fees,
appraisal fees and any and all
other costs as provided by law.
I/We further agree to pay
interest at the rate of one and
one half percent per month
(eighteen percent per year.)
MISCELLANEOUS:
A. If any portion of this Rental
Agreement for any reason is
declared invalid, such decision
shall not affect the validity of
any remaining portion of the
rental agreement.
B. All the provisions hereof
shall apply to bind and obligate
the heirs, personal
representatives, successors,
assigns, agents and
representatives of the parties
hereto.
C. The provisions of the Rental
Agreement and the rights of the
parties hereto shall be
construed in accordance with
applicable law of the State of
Utah, including, but not limited
to provisions relating to
Self-Service Storage,
Regulation, U.C.A. 38-8-1 et
seq.
D. No waiver by Owner, its
agents, representatives or
employees, of any breach or
default in the performance of
any covenant, condition, or term
contained herein shall
constitute a waiver of any
subsequent breach or default in
the performance of the same or
any other covenant condition or
term hereof.
E. No subletting of the
Occupant’s Storage Space or any
portion thereof or assignment of
this Rental Agreement by
Occupant is permitted.
F. The headings of the various
provisions of this Rental
Agreement have been included
only for the convenience of the
parties and are not to be used
in ascertaining the intentions
of the parties.
G. This Rental Agreement is the
only agreement of the parties
and supersedes any prior written
or oral agreement. No amendment
or alteration shall
be binding unless made in
writing signed by both parties.
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