Storage Agreement

Storage Agreement

Owner: Down Home Rentals, LLC dba Woodside Storage.Rentals


Occupant Address: _________________________________________________________________________________

Mailing Address: 306 E. High St. Suite 2 Mount Vernon, Ohio 43050 Storage Facilities Address: 633 Wooster Rd Mount Vernon, Ohio 43050 THESE FACILITIES ARE OPERATED IN ACCORDANCE WITH THE OHIO SELF-SERVICE STORAGE FACILITY ACT, OHIO REV. CODE CHAPTER 5322 (the “Act”). 1. RENT. Occupant agrees to pay to Owner as rental for the premises the sum of money set forth in the rent schedule below, however, all rental rates shall be subject to change upon 30 days written notice to Occupant, and at the expiration of said 30 day period the new rental rate shall thereupon be effective as if incorporated in this Agreement. All rent is payable in advance on the 1st day of each month without demand. The minimum leasing term is one month. The first payment shall be for a full month plus the performance deposit, as indicated below. All payments must be made via phone during normal business hours or by going to MONTHLY INVOICES WILL NOT BE SENT OUT. Rent is due on the 1st day of the month, if not paid on or before the 3rd day of the month a $20.00 late charge will be due and you will be denied access to your unit till you are paid in full. Rental payments are not refundable. Lessee must remain current on rental charges or may forfeit promotional offers. The unit will be in good condition at the time of rental. Upon termination of your rent, the unit must be in as good of a condition as it was at the time of the rental, all of your belongings must be cleared out, and the unit must be broom swept. A minimum of $50.00 fee will be charged if it is not left in this condition. If things are left abandoned in the unit a clean out fee of up to $400.00 will be charged. You will be denied access to the unit if the rental fee is not paid by the 13th of the month and Enforcement Proceedings pursuant to Ohio Rev. Code Section 5322.03 will be commenced. Your lock will be cut, contents of unit inventoried and auctioned or liquidated or disposed in accordance with the Act and at the option of Down Home Rentals, LLC dba Woodside Storage.Rental. Additionally, if the Occupant breaches any covenant or warrant hereunder, the account will be in default and access to rented unit(s) may be denied. Occupant will be charged for any reasonable expenses incurred in rent collection or enforcement of any remedies provided in the Act, over and above any late fees, including but not limited to publication costs and fees associated with legal fees. Any unit after being occupied, and vacated without notice, will be considered vacated and unit will be rented.

2. TERM. The term of the Agreement shall commence on the date set forth below and continue on a month to month basis until Occupant has removed his property from the Premises and has given written notice thereof to Owner not later than the 5th day of the month the Occupant intends to vacate. If Occupant give written notice after the 5th of any given month then they will owe rent for the next month coming up. (For example if January is your last month you would have to give your notice by Jan. 5th, that you will be out by Jan. 31st , if the notice is given after the 5th you would owe for February.) Owner may terminate this agreement with or without cause as of the end of any monthly storage term, and Owner may terminate this Agreement for reasonable cause at any time by giving Occupant written notice thereof at least 24 hours prior to the termination date and upon refunding any unearned rental.

3. PERFORMANCE DEPOSIT. The performance deposit paid by Occupant to the Owner shall not be applied as rent, and Owner is not required to segregate such performance deposit from other funds. The performance deposit is refundable upon Occupant’s 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 excepted, and having met all other terms and conditions of this Agreement.

4. TYPE OF PROPERTY TO BE STORED: Owner has a lien on all property stored in rented space(s) as of the date property is brought to this facility, for rent, and/or any other charges provided for hereinunder present or future, specifically including those reasonably incurred for its preservation or sale and as provided in the Act. The Owner’s lien is superior to any other lien or security interest, except those which are perfected and recorded prior to date of this rental agreement in Ohio, in the name of the Occupant, either in the County of the Occupant’s “Last known address” or in the County where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom the Owner has knowledge through the Occupant’s disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in this space(s) is free and clear of all liens and secured interests except for:

5. ABANDONMENT OF OCCUPANT’S PROPERTY. Any property which shall remain on the Premises after the expiration or termination of this Agreement is presumed to have been abandoned and 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 provided by law. If such property or any part thereof shall be 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. However, under no circumstances shall any hazardous or environmental materials be deemed abandoned and Lessee shall maintain complete and full ownership of such materials.

6. AGREEMENT READ, COPY RECEIVED AND INCORPORATION OF PROVISIONS. Occupant acknowledges that he has read, is familiar with, and agrees to all the terms and conditions of this Agreement, and the provisions printed on this Agreement, and 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.

7. INSPECTION. Occupant has been afforded an opportunity to inspect the premises and the project property, 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 project. Occupant shall be entitled to access to the premises and the common area of the project only during such hours and on such days as are regularly posted at the project.

8. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. No representative of Owner is authorized to make any representations or warranties except as expressly set forth herein. 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 HEREIN, 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 ANY PROPERTY STORED THEREIN.

9. OWNER’S RIGHT OF ENTRY. If any default shall be made in any of the covenants herein contained or if occupant shall abandon the Premises. Owner may enter the Premises and remove all property therefrom, in which event this Agreement shall terminate, without prejudice to the Owner’s right to recover rent due and unpaid through the date of such entry, damages in respect of any default under this Agreement, and such other amounts as may be recoverable pursuant to law. In the event of a breach of this Agreement or abandonment of the Premises by Occupant prior to the expiration of the Agreement, Owner may, at its option, determine not to terminate the Agreement in which event the Agreement shall continue in effect and Owner may enforce all of its rights and remedies under the Agreement. Occupant agrees that Owner and Owner’s agents and other representatives shall have the right to enter into and upon the Premises, or any part thereof at all reasonable hours for the purpose of examining the same, showing to prospective occupants or making such repairs or alterations therein as may be necessary.

10. ACCEPTANCE OF PAYMENT OF RENT. In the event of a default by the Occupant, Occupant agrees that the tender of the rental by Occupant and the acceptance thereof by Owner, if not the full amount due, or the allowing of Occupant to remove his personal property from the Premises, after the delivery of a preliminary lien notice or during the pendency of an unlawful detainer action, shall not constitute a waiver of the preliminary lien notice or the notice of termination nor shall it reinstate the terms and provisions of the Rental Agreement.

11. ASSIGNMENT. Occupant shall not assign or sublease the premises or any portion thereof. Any attempt to assign or sublease shall be void.

12. WAIVER. The waiver by either party of any breach of any term, covenant or conditions 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 not be deemed to be a waiver of any preceding reach of any term, covenant or condition of this Agreement, other than the failure to perform the particular duties subsequently accepted, regardless of knowledge of such preceding breach at the time of acceptance of such performance.

13. ATTORNEY’S FEES AND COSTS. In the event any action be instituted or other proceedings taken to enforce any covenant herein contained or to recover any rent due or recover possession of the Premises for any default or breach of this Agreement by Occupant. Occupant shall pay Owner’s reasonable attorney fees, costs and expenses.

14. SUCCESSORS. All the provisions shall apply to the heirs, executors, representatives, successors and assigns of the Occupant and of the Owner.

15. CONSTRUCTION. This Agreement has been reviewed and negotiated. Accordingly, this Agreement shall not be construed for or against either Owner or Occupant, except as to the presumption mentioned in paragraph 15.

16. 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.

17. 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 of the rental agreement hereof shall not be affected or impaired thereby.

18. NOTICES. Occupant agrees to give prompt written notice to Owner of any change in Occupant’s address and any change in the liens secured interests on Occupant’s property in the space. Said written notice shall be mailed by certified mail, return receipt requested with postage prepaid to Owner at the address given at the top of the Rental Agreement.

19. REMEDIES. Should Lessee be in default hereunder, Lessor shall be entitled to exercise any rights available to it at either law or equity under the laws of the State of Ohio, specifically including but not limited to those set forth in 1309.01 et seq. and 5322 et. seq. of the Ohio Revised Code. These remedies are in addition to the ones specifically set forth herein.

20. COMPLIANCE WITH THE LAW. The storage of welding, flammable, explosive or other inherently dangerous material is prohibited. 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 to cause to be done any act which creates or may create a nuisance and/or hazard. It is specifically understood and agreed that Owner need not be concerned with the kind, quantity, or value of personal property or other goods stored by Occupant in or about the Premises pursuant to this Rental Agreement.

21. 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 or in any manner deemed by the Owner to be disreputable or hazardous. 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 any person for whose acts Occupant is responsible.

22. LOCKS. Occupant shall provide, at Occupant’s own expense, a lock for the Premises, in Occupant’s sole discretion, deems sufficient to secure the Premises. Should any governmental authority so require, the Occupant will provide Owner with a workable key to all locks at all times. If the Occupant is in default hereunder, Owner, upon reasonable request of the Owner, has the right, as he deems necessary, to remove such lock by cutting or any other means. Owner shall not be held liable for replacement of any lock that is damaged by forced entry by the Owner or any authorized governmental agency. Although there may be a place on the door of the rented unit for a second lock. Occupant is only permitted to use a single lock. Under no circumstances are combination locks permitted.

23. 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 attached hereto. OCCUPANT SPECIFICALLY AGREES NOT TO STORE ANY WELDING, FLAMMABLE, EXPLOSIVE OR OTHER INHERENTLY DANGEROUS OR ENVIRONMENTALLY HAZARDOUS MATERIALS IN THE UNIT. OCCUPANT SHALL NOT HAVE ANY YARD SALES OR SALES OF ANY KIND THAT INVITE THE PUBLIC TO OCCUPANTS UNIT AT WOODSIDE STORAGE.RENTALS TO BUY THINGS FROM THE UNIT.

24. NON-LIABILITY OF OWNER AND INSURANCE OBLIGATION OF OCCUPANT. Occupant, at their expense, shall obtain all insurance which occupant requires for protection of property in rental unit. Occupant releases owner from all liability for personal injuries. property damage, loss from theft, vandalism, fire, water, explosion, rodent damage, or any other causes. Occupant agrees to indemnify and hold harmless owner, its employees or agents from any claims for damages to property or personal injury, and cost, including attorney’s fees arising from use of premises by occupant. Occupant must take steps necessary to safeguard personal property stored in space and keep storage spaces locked. If owner’s employees perform any services for occupant at occupant’s request, such employee shall be deemed to be agent and employee of occupant. Occupant shall notify owner immediately upon occurrence of any injury, damage, or loss suffered.

25. INSURANCE. Insurance carried by the Lessor shall be for the sole benefit of the Lessor and any benefit received by the Lessor shall not inure to the benefit of the Lessee. Lessee agrees to hold the Lessor harmless for any loss which the Lessee might suffer for items stored in Lessors’s facilities including, but not limited to, damage caused by theft, inclement weather, war, natural disaster, and repairs for which the Lessor has not been notified and/or given a reasonable time to repair. Further, the Lessee agrees to hold Lessor harmless for any bodily injury which they and/or their guests might suffer while on the property.

26. NO BAILMENT IS CREATED HEREINUNDER. Owner is not a warehouseman engaged in the business of storing goods for hire, and all property stored within or on the space by Occupant or located at the facility by anyone shall be stored at Occupant’s sole risk. Insurance carried by the Owner shall be for the sole benefit of the Owner. The Occupant shall make no claim whatsoever against Owner’s insurance. Therefore, Occupant must secure 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 Occupant’s invitees, family, employees, agents, for any personal injury or property damage. Occupant assumes full responsibility for who has the keys and access to the space. Occupant agrees to indemnify and hold harmless the Owner from and against any and all and any manner of claims for damage or lost property or personal injury and costs including attorney’s fees arising from Occupant’s rental of the space or the facility or from any activity, work, or thing done, permitted or suffered by Occupant in or about or on the space or about the facility.

27. USE OF PREMISES IN COMPLIANCE WITH LAW. Owner hereby leases to Occupant, and Occupant rents from Owner, on the terms and conditions herein set forth the self-storage facility described above, herein called “The Premises”. The Premises shall be used solely for the purpose of storage pursuant to the terms and conditions of the Agreement and for no other purpose whatsoever. Space rented will be used for lawful purposes and not to store flammable, explosive, or other dangerous material. No storage of perishables. Mothballs should be used for storage of furniture or clothing. Storage of tires is not permitted. There shall be NO HABITABLE OCCUPANCY of the space by humans or animals of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate TERMINATION of the Agreement. Any motorized property containing a battery is required to have battery cable disconnected.

28.STORAGE RULES • No smoking on premises • No attachments to the walls or ceiling • No food storage of ANY KIND • No working inside the unit • No gas, paint, fertilizer or other flammables • Pets must remain inside the vehicle at all times • Speeds limit 5 mph in the facility driveways • Do not block drives with your vehicle. • Control door as you open and close, don't let it slam. • Do not leave trash outside the unit or in the unit when move out. • Customer cannot cut a lock. • Make sure to avoid rain gutters with trucks. • No "hang outs" at unit. • Notify office if you are going to be at your unit for more than 1 hour unloading. • Units left unlocked will be locked by management. • Units left unlocked with a lock on them will be grinded off and management will put one of their locks on them. • Tenant may NOT cut their lock off. (management will have locks cut off per tenants request)

29. PROPERTY OF OCCUPANTS LEFT OUTSIDE OF STORAGE UNIT WILL BE CONSIDERED ABANDONED AND WILL BE DISPOSED OF. Occupant whose rental agreement/contract has been terminated will have their unit over locked and will have to make arrangements with owner to gain access to remove and vacate property. This agreement is binding for all units rented by occupant.

30. STORAGE FEES:$20. Late Fee, $75. Lien Fee, $20. Lock Cut Fee, $20. Auction Fee, $35. NSF Fee Bad ACH, $50. to $400. Abandonment/cleanout Fee, $500. Towing Abandoned Vehicles Fee. By signing this agreement you authorize Woodside Storage.Rentals to use whatever payment method we have on your account to pay these fees. Subject to change by written notice via email to tenant from owner.

31. PERMISSION TO CALL, FAX, E-MAIL OR TEXT: Occupant recognizes Owner and Occupant are entering to a business relationship as Owner and Occupant. As such, to the extent any Federal or State law prohibits Owner from contacting Occupant by phone, fax, e-mail or text, Occupant hereby consents to Owner phoning, faxing, e-mailing and texting Occupant with marketing and/or other business related communications.

32. MILITARY SERVICE: In order to comply with SERVICE MEMBERS CIVIL RELIEF ACT it is Occupant's obligation to notify the Owner in writing that Occupant and any Occupant family member storing goods at the Facility are in active military service, in order to determine Occupant's qualifications under this Act. If Occupant's military status or Occupant's family member's military status changes, Occupant is required to notify the Owner in writing of this change immediately.

33. FINANCIAL INFORMATION: Owner does not warrant or guarantee that any of Occupant's financial information, including, without limitation, credit card and bank account information, will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner and its respective agents, employees and affiliates for damages arising from the use of said information by others.

34. CHANGES: All terms of this Agreement, including but without limitation, monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days prior written notice to Occupant. If changed, the Occupant may terminate this Agreement per (Section 2). If the Occupant does not give such notice, the change shall become effective and apply to his occupancy.

35. STORAGE OF MOTOR VEHICLES: In the event that any motor vehicle remains stored in the Space after termination of the Rental Agreement or upon Occupant's default, and in addition to all other rights and remedies available to Owner, Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Occupant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Occupant's expense. Owner shall incur no liability to Occupant for causing the vehicle to be removed pursuant to this paragraph.

36. INSURANCE OBLIGATION: THE OWNER GENERALLY DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULDPROTECT THE OCCUPANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE OCCUPANT'S RESPONSIBILITY TO OBTAIN SUCH INSURANCE. However, as a benefit of Occupant's Rental Agreement with Owner, Occupant shall be named as an additional insured under a policy of insurance issued in the name of the Owner for up to $2,000 of coverage on Occupant's stored goods (in the event of a covered loss) as an insurance benefit. Occupant will be provided with an Insurance Endorsement as part of its Agreement and a brochure from the Owner's insurance company that describes coverage’s and exclusions, provides instructions for how to file a claim, and contact information for the insurance company. This endorsement is only available to those tenants in eligible units and only applies to covered items. Occupant consents to business communication by Owner and Insurer via phone, text, e-mail and fax. If Owner has given Occupant written permission to store property that Occupant values at over $2,000, then Occupant, at Occupant's sole expense, shall maintain an insurance policy of fire, extended coverage endorsement, burglary, vandalism and malicious mischief insurance (from a third party insurer) for the actual cash value of the stored property that exceeds the $2,000 value ("Excess Coverage ("Primary Coverage"). Occupant's failure to have insurance for its stored property shall constitute a breach of this Agreement. Occupant expressly agrees that any insurance company providing Primary Coverage or Excess Coverage shall not be entitled to subrogate any claim of Occupant against Owner for any loss of or damage to Occupant's stored property.

37. NOTICES FROM OWNER: All notices from Owner shall be sent by text, email or certificate of mail to Occupant's last know contact information provided by the Occupant in this Rental Agreement and the information form filled out at the time the Rental Agreement is signed. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law.

38. INDEMNIFICATION OF OWNER: Occupant will indemnify and hold the Owner harmless from and against any and all manner of claims for damages or lost property or personal injury and costs including attorney's fees arising from Occupant's lease of the space on the facility or from any activity, work or thing done, permitted or suffered by Occupant in or on the space or about the facility. In the event that the space is damaged or destroyed by fire or other casualty, Owner shall have the right to remove the contents of the space and store it at the Occupant's sole cost and expense without liability for any loss or damage whatsoever, and Occupant shall indemnify and hold Owner harmless from and against any loss, cost, or expense of Owner in connection with such removal and storage. Should any of Owner's employees perform any services for Occupant at Occupant's request, such employee shall be deemed to be the agent of the Occupant regardless of whether payment for such services is made or not, and Occupant agrees to indemnify and hold Owner harmless fromany liability in connection with or arising from directly or indirectly such services performed by employees of Owner. Notwithstanding that Owner shall not be liable for such occurrences, Occupant agrees to notify Owner immediately upon the occurrence of any injury, damage, or loss suffered by Occupant or other person in any of such circumstances.

39. LIMITATION OF VALUE: Occupant agrees that in no event shall the total value of all property stored be deemed to exceed $2000.00 unless Owner has given permission in writing for Occupant to store property exceeding that value. Occupant agrees that the maximum value 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 the total value referenced above. Nothing in this section shall be deemed to create any liability on the part of Owner to Occupant for any lost or damage to Occupant's property, regardless of cause.

40. WAIVER OF JURY TRIAL: Owner and Occupant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint brought by either Owner against Occupant, or Occupant against Owner on any matter arising out of or in any way connected with this Rental Agreement, Occupant's use or occupancy of the storage space, or any claim of bodily injury or property damage or the enforcement of any remedy under any law, statute, or regulation.

41. UNIT SIZES: Unit sizes are approximate on all web-sites and marketing materials. IN WITNESS HEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITTEN BELOW. OWNER: OCCUPANT: Down Home Rentals,LLC, dba Woodside Storage.Rentals See above I agree to pay $____________ per month plus tax on unit _______.