Terms and Conditions:
1. Premises: CEL RV and Boat Storage (Landlord) agrees to lease to the above-named person (Tenant), and Tenant agrees to lease from CEL for the above-described property for the term indicated above. Tenant shall use the Premises only for the storage of the above-described property and for no other use. Tenant shall not store on the Premises personal property that the Tenant does not have full legal right, title and interest to use. Tenant acknowledges purposes, including, but not limited to, safety and security. Tenant further acknowledges and agrees that the Premises are not suitable for the storage of precious, invaluable or irreplaceable personal property. Tenant agrees to keep the Premises in good condition (usual wear expected), will not use the Premises for any unlawful purpose, will not litter the Premises or smoke or cause any fire in or about the Premises, and will not store any noxious, filthy, explosive, hazardous or highly flammable materials or goods on the Premises (other that gasoline, oil and propane for boats/campers, which will be safely and securely stored at all times). Tenant shall also comply with all laws, rules, regulations and ordinances of any government authorities concerning the Premises or use thereof.
2. Rent and Deposits: Tennant shall keep rent paid one month in advance and pay rent as provided above on or before the due date and shall pay any deposits required upon execution of this agreement. If tenant is more than thirty (30) days late with rent, the above-described property will be locked up in a confined area and there will be a $45.00 charge to get the above-described property out of confinement. Tenant acknowledges the Landlord is hereby given a lien upon the property described above to secure any and all fees accumulated. Tenant agrees to give landlord a 30 day notice of cancellation of agreement.
3. Insurance: Landlord carries no insurance that in any way covers any loss Tenant may claim to the property stored. Tenant acknowledges that all property stored on the Premises by Tenant is at Tenant’s own risk and that if Tenant does not procure insurance, Tenant shall be deemed to be self-insured and shall bear all risk of loss or damage. Tenant agrees not to subrogate (and waives all rights thereto) or allow Tenant’s insurance company to subrogate Landlord in the event of loss or damage of any kind or cause.
4. Limitation of Liability: Landlord and Landlord’s agents and employees shall not be liable to Tenant for any damage, loss or personal injury to any person. Tenant or property stored in, on or about the Premises arising from any cause whatsoever, including, but not limited to, fire, water damage, theft, mysterious disappearance, acts of God, or the active or passive acts, omissions or negligence of Landlord or its employees and agents, other than fraud or willful misconduct of Landlord. Tenant hereby releases Landlord and its agents from any and all such claims whether now or hereafter arising. TENANT ACKNOWLEDGES THAT LANDLORD MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIES WITH RESPECT TO THE NATURE, CONDITION, SAFETY OR SECURITY OF THE PREMISIS.
5. Right to enter, inspect and repair Premises: Tenant herby grants to Landlord, Landlord’s agents and the representatives of any government authority, including police and fire officials, access to the Premises at all times, which are reasonable, necessary to inspect or examine the Premises, to make repairs and alterations to the Premises and to take such other actions as may be necessary and appropriate to preserve the Premises or to comply with applicable law.
6. Default and Remedies: The occurrence of any of the following events, shall constitute a default hereunder: (a) Tenant shall fail to pay any rent hereunder when due; (b) Tenant shall fail to comply with any representation or warranty hereunder; (c) The death, dissolution or an adjudication of insanity of Tenant, or (d) if any bankruptcy, insolvency or receivership proceeding is filed by or against Tenant. Upon the occurrence of a default, Landlord shall have the right and option to pursue the rights and remedies hereunder and those under applicable law, including, but not limited to: 1) immediately terminating Tenant’s tenancy of the Premises; (2) denying Tenant access to the Premises; (3) seeking judgment against Tenant for all delinquent rent and damage to Landlord, sustained by the actions or inactions of Tenant; (4) application of any deposits; and (6) commencement of suit for possession of the Premises and statutory damages.
7. Surrender of Premises Upon Termination: Upon termination of Tenant’s tenancy for any reasons, Tenant shall immediately deliver possession of the Premises to Landlord in the same condition as delivered to Tenant on commencement of the agreement and upon demand by Landlord, remove all Tenant’s property by Tenant. Any property not removed by Tenant within three (3) months after demand or termination of the agreement shall conclusively be deemed to be abandoned by Tenant.
8. Repairs and Maintenance: Tenants shall not perform any maintenance, repairs or cleaning of their R.V., Boat or Trailer, without consent from Landlord.
9. Miscellaneous: Time is of the essence of this agreement. In the event Landlord shall employ or engage any attorney due to a default hereunder, Tenant shall be liable for all attorney’s fees and cost incurred by Landlord whether or not litigation is commenced. If a bankruptcy petition is filed by or against Tenant, rent at the rate set forth above shall accrue while any of the property is stored on the Premises and such amount shall be deemed an administrative expense under the Bankruptcy Code. Tenant may not assign or sublease hereunder without the prior written consent of Landlord.