Rental Agreement

    Occupant Information

    Vehicle Information

    Fees

    Late Fees: (6 days past due) $20.00
    Obstruction Fees: $10.00/day
    Lien Fee: $75.00
    Auction Fee: $75.00
    NSF or Credit Card Dispute: $35.00

    RENT COMMENCES ON THE DATE ABOVE AND IS DUE ON OR BEFORE THE MONTHLY ANNIVERSARY DATE OF THE LEASE. (“DUE DATE”)

    This Rental Agreement (“Agreement”) as dated above is between Occupant listed above (hereinafter referred to as “OCCUPANT”) and Jack’s Place (hereinafter referred to as “OWNER”). The Owner, hereby grants to the Occupant the use of the Owner’s self-service storage facility (“Premises”) for the storage of Occupant’s motor vehicle or boat (including trailer).

    THESE FACILITIES ARE OPERATED IN ACCORDANCE WITH THE FLORIDA SELF-STORAGE FACILITY ACT. NOTICE OF LIEN: PURSUANT TO THE FLORIDA SELF-STORAGE FACILITY ACT (SECTIONS 83.801-83.809), YOUR PROPERTY IS SUBJECT TO CLAIM OF LIEN FOR UNPAID RENT AND OTHER CHARGES AND MAY EVEN BE SOLD TO SATISFY THE LIEN IF RENT AND OTHER CHARGES ARE NOT PAID WHEN DUE.

    NOW, THEREFORE, for good and valuable consideration (the receipt and sufficiency of which are acknowledged), Owner and Occupant agree as follows:

    1. TERM:  The term of this tenancy shall commence on the date that is executed, and shall continue thereafter on a month-to-month basis until terminated. The minimum term shall be one month. We will not pro-rate partial month’s rent upon move out.
    2. RENT: The monthly rent for the storage space is the amount stated above, payable in advance without demand on or before the monthly anniversary date of the date of this Lease (“Due Date”). Payment must be made to Owner or Owner’s designated agent. Owner, at Owner’s sole discretion, may require that rent be paid in cash, certified check, or money order. The monthly rental rate may be changed by Owner by giving thirty (30) days’ advanced written notice to Occupant. The new rent shall go into effect upon the next Due Date or date indicated. If Occupant has made advance payments, the new Rent will become effective at the end of their pre-paid period. No bills or statements will be sent to the Occupant stating when the monthly rent is due. Monthly rent is due on the first day of each rental month. NO PARTIAL PAYMENTS will be accepted. The Occupant agrees and understand that partial payments made to cure a default for nonpayment of rent will not delay or stop foreclosure and sale of Occupant’s personal property (hereinafter called “Property”). The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant’s account prior to the published auction date will stop a scheduled sale of the Property. There are no prorated rent refunds in the event the Space is vacated prior to the rent paid thru date. Occupant’s failure to vacate the premises on the last day of the month automatically renews this Agreement for ONE (1) Month. All rental agreements expire on the last day of each rental month.
    3. FEES AND CHARGES:  Occupant agrees to pay the indicated non-refundable administrative fee. Rent paid more than five (5) days late, or rent checks that are dishonored (including credit card disputes), cause Owner to incur damages which are extremely difficult to measure, and because of this, Occupant agrees to pay to Owner, as additional rent, the amounts stated above for each late payment, and the amount stated above plus all bank charges for each such dishonored check or credit card dispute. Occupant also agrees to pay Owner all collection and lien processing costs Owner may incur as set forth above (cut lock fee, lien fee, auction fee). All service charges, administrative fees, default notice fees, late fees, court costs and attorneys’ fees together with all other fees and charges set forth in this Agreement incurred by Owner in connection with the enforcement of the Agreement shall be deemed “additional rent” payable by Occupant to Owner as provided in the Agreement.
    4. DEFAULT BY OCCUPANT: Occupant shall be in default under this Agreement (each, a “Default”) if Occupant: Fails to pay Rent or any other amount due under this Agreement; Fails to perform or comply with any obligation of Occupant under this Agreement other than the payment of money after written notice from owner specifying the alleged default in reasonable detail and demanding its cure; any other default described in this agreement. If rent is not paid within five (5) days of the monthly Due Date, Owner, may, without notice, restrict vehicle access to the facility without restricting access to the Occupant’s space. Until rent is paid in full, such vehicle access may be permitted only upon approval of the site manager. Access to the space will be denied if Occupant fails to cure its default in full within five (5) days of monthly due date. Additionally, if Occupant is renting more than one space at the property at any given time, default on one rented space shall entitle owner to deny Occupant access to all rented spaces.
    5. OWNER’S LIEN RIGHTS: PURSUANT TO FLORIDA STATUTES 83.801 THROUGH 83.809, ALSO KNOWN AS THE SELF-SERVICE STORAGE FACILITY ACT, UPON DEFAULT BY THE OCCUPANT, THE OWNER HAS A LIEN, THAT IS A CLAIM OR SECURITY INTEREST ON ALL PERSONAL PROPERTY STORED IN OCCUPANT’S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN THE OCCUPANT’S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF RENT IS NOT PAID. IN NO EVENT SHALL THE OWNER’S LIABILITY EXCEED THE PROCEEDS OF THE SALE.
    6. IDENTIFIED VEHICLES ONLY: No Vehicle may be parked in the Leased Space at any time that has not been fully identified on a signed agreement such as this. Only one vehicle may be stored in each marked space and only vehicles with a current license and inspection tags will be permitted unless otherwise agreed to by the Owner. Unidentified Vehicles stored without such consent may be towed from the Facility by Owner at Occupant’s expense, or be over-locked or restrained.
    7. TRAILERS. Wheels of trailers of all kinds, including campers; 5th wheels; boat, travel or utility trailers, not connected to a tow Vehicle must be blocked. Trailer tongues must be supported on an appropriate tongue support or wood block to prevent asphalt damage. Pick-up shells may be stored off the ground on appropriate jacks or blocks. All Watercraft must be trailered.
    8. PARKING/OBSTRUCTIONS: The Vehicle may only be parked within the boundaries of the Leased Space.  If Occupant parks a Vehicle in an incorrect space, or which exceeds the boundaries of the Leased Space, or which has not been identified to Owner in accordance with this Agreement, Occupant will be charged the Obstruction Fee for each day that the condition persists. Slide-outs shall be kept retracted. Owner has no liability to Occupant for interference with the Leased Space by another occupant of the Facility, nor shall Occupant be entitled to any rent deduction or offset in such event and it shall not constitute an event of default under this lease. In such event Owner may, but is not obligated to, provide Occupant with temporary parking until the Leased Space can be made available again, in which event Occupant shall return the temporarily parked Vehicle to the Leased Space within 7 days of notice to do so. Failure to return a temporarily parked Vehicle to the Leased Space within such time shall subject Occupant to the Obstruction Fee daily until it is returned.
    9. SIGN-IN/OUT: Occupant must notify Owner whenever the Vehicle will be absent from the Leased Space for 7 or more consecutive days. Such absence without notice to Owner may be deemed an abandonment of the Leased Space by Occupant and Owner may re-rent the Leased Space to another user without liability or offset to Occupant.
    10. LOOSE ITEMS:  The area must be kept sanitary and clean. Loose items, including but not limited to tires, rims, mats and bicycles, stored under or around the Vehicle will be discarded. It is recommended that open-cockpit boats be covered. All vehicle and boat covers must be in good, serviceable condition and be battened down to prevent parts or contents from being blown about. Tow dollies may be stored under an RV if the dolly is also identified herein as a Vehicle. No structures may be erected.
    11. USE RESTRICTIONS:  The Leased Space shall be used for Vehicle parking only. No maintenance, refitting and/or repairs; refinishing; dwelling; sleeping; cooking or gathering of any kind is permitted on/in the Vehicle while it is on the premises.
    12. HAZARDOUS MATERIALS PROHIBITED: A suitable drip pan or absorbent pad must be placed by Occupant at Occupant’s expense under Vehicles, including outboard motors, containing any kinds of fluids, including but not limited to petroleum products and waste water. Owner may require the removal of any Vehicle which in Owner’s judgment drips fluids excessively. Occupant is liable for, and indemnifies Owner against, all costs and fees resulting from fluids leaking from the Vehicle, including clean-up, consultants, attorneys, penalties and claims of all kinds, whether arising during or after the term of this Lease. In the event of a leak or spill of a hazardous substance, Occupant, at Occupant’s sole expense, shall promptly take all steps necessary to restore the premises to the condition that obtained prior to the contamination. No fluids may be discharged from the Vehicle nor may collected fluids be disposed of onto the ground or in any drain, sewer, dump/pump station or trash receptacle on the premises. Occupant shall not permit the release or disposal of any hazardous substance as prescribed in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C 9602, et seq. Violations will be reported to the authorities. Collected fluids shall be removed from the site and properly disposed of by Occupant at Occupant’s expense.  The prohibition in the Lease against the storage of combustible and hazardous materials is waived in respect to: (a) fuel within the tanks and fluids within the working parts of the Vehicle; (b) LP gas in shut, legally compliant cylinders properly installed aboard the Vehicle if it is commercially equipped to utilize such fuel; and (c) batteries connected to and powering Vehicles. Occupant grants Owner the right to remove and dispose of any fuel, engine fluid or battery found to be stored in violation of this provision, the cost of which disposal shall be charged to Occupant.
    13. LOCKS:  Occupant is responsible for keeping Vehicle locked and secured at all times. Owner is not responsible for taking any measures nor for notifying Occupant in the event the Vehicle is found unsecured.
    14. CONDITION: The Vehicle must be and remain roadworthy. Owner reserves the right to inspect the Vehicle and its contents any time the Vehicle is entering or leaving the premises, and to refuse storage to any Vehicle, including, but not limited to vehicles with deflated tires, broken glass, damaged or rusted exteriors, and commercial or industrial vehicles.
    15. RELOCATION:  Owner has the right to remove or relocate any Vehicle in the event of an emergency or default hereunder. Owner may request that Occupant move the Vehicle to another space to permit repairs or maintenance to the Facility. Such request shall be made in writing and shall give Occupant not less than 7 days advance notice. If Occupant fails to move the Vehicle by the time requested, Owner may charge Occupant the Obstruction Fee for each day that it remains unmoved. In addition, Owner may have the Vehicle moved and replaced at Occupant’s expense.
    16. TOWING: In the event that any motor vehicle remains stored in the self-storage space after termination of this 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 Section.
    17. PROPERTY LOSS:  NO INSURANCE PROVIDED BY OWNER: THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT 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.  Occupant assumes all risk of loss or damage to the Vehicle. Occupant agrees to maintain at Occupant’s expense a policy of insurance covering all perils, including burglary, theft, vandalism, malicious mischief and comprehensive physical damage, providing coverage for the full value of any Vehicle parked by Occupant on the Leased Space and its contents, and to provide Owner with proof of such insurance upon the signing of this Agreement, upon the expiration of any previously submitted coverage and within 7 days of a request from Operator.  Insurance on the Vehicle is a material condition of this Lease for the benefit of both the Occupant and the Owner. Failure to carry, or a lapse in, the required insurance is a breach of this Lease, in which case Occupant shall be deemed to be self-insured, and Owner may at its option terminate this Lease. Occupant agrees that the insurance company providing such insurance shall not be subrogated to any claim of Occupant against Owner, Operator’s agents or employees for loss or damage to the Vehicle. Occupant agrees not to store any irreplaceable Vehicle or Vehicle of indeterminate value. Occupant waives any claim for sentimental value or emotional attachment to the Vehicle and to its contents.
    18. RELEASE OF OWNER’S LIABILITY FOR BODILY INJURY: Owner, Owner’s agents, and employees shall not be liable to Occupant for injury or death as a result of Occupant’s use of their storage space or the storage facility, even if such injury is caused by the active or passive acts, omissions, or negligence of Owner or Owner’s agents, or employees.
    19. SUBORDINATION:  This Agreement is hereby subject and subordinate to any present or future mortgage, deed of trust or deed to secure debt (each a “Mortgage” together with any renewals, modifications, increases, extensions, replacements and substitutions of any thereof) now or hereafter affecting the Owner’s property, and Occupant shall, at the request of any successor  in interest to Owner claiming by, through or under any Mortgage, attorn to such party acquiring the interests of Owner as a result of such termination, or as a result of a foreclosure of a Mortgage or the granting of a deed in lieu of foreclosure, upon the then executory terms and conditions of this Agreement, subject to the provisions of this Section, for the remainder of the term of this Agreement. This provision shall be self-operative, and no further instrument of subordination shall be required.
    20. INDEMNIFICATION: Occupant shall indemnify, defend (with legal counsel designated by Owner), hold harmless and protect Owner and all Owner Parties from and against all claims, demands, actions and causes of action (including attorneys’ fees and all costs), damages and liabilities brought by any party or parties (including without limitation third parties not a party to this Agreement) arising out of or related to: (i) this Agreement and/or other documents related to storage of Property in, or use of, the Space or the Facility; (ii) the transaction or services contemplated by this Agreement; (iii) Occupant’s use of the Space and Facilities; and (iv) any obligations or performance, including, without limitation, any claims, demands, actions and causes of action relating to Owner’s alleged negligence or other wrongful conduct.
    21. OCCUPANT COMPLIANCE WITH LAWS AND RULES AND REGULATIONS Owner shall have the right to promulgate rules and regulations for the operations and safety of the Facility. Such measures may include, without limitation, restriction of the hours of operation of the Facility and the Space, verification of Occupant’s identity, inspection of vehicles that enter the Facility and Space, and restrictions on the nature of property which can be stored in the Space or brought on the Facility. Owner shall have the right to establish the hours of operation and to promulgate rules and regulations for the safety, care, and cleanliness of the storage facility, and for the preservation of good order. Occupant agrees to follow all of Owner’s rules in effect, or that may be put into effect from time to time.
    22. OWNER’S RIGHT TO ENTER: Owner may enter Occupant’s space without prior notice to Occupant whenever Owner believes that any hazardous condition or nuisance exists, for repairs to the storage space or inspections by governmental authorities. In the event any materials are discovered which are hazardous or constitute a nuisance, Owner may immediately arrange for their removal and disposal at Occupant’s expense.
    23. TERMINATION: This Agreement shall continue from month-to-month unless the Occupant or Owner delivers to the other party a written notice of its intention to terminate the Agreement at least ten (10) days prior to the end of the then current rental period. Owner may immediately terminate Occupant’s lease if Occupant is in breach of the Agreement. Upon termination of this Agreement, the Occupant shall remove all personal Property from the Space (unless such Property is subject to the Owner’s lien rights as referenced herein) and shall deliver possession of the Space to the Owner on the day of termination. There is no grace period; one day constitutes another month. PRE-PAID RENT IS NON-REFUNDABLE. If the Occupant fails to fully remove its Property from the Space within the time required, the Owner, at its option, may without further notice or demand, either directly or through legal process, reenter the Occupant’s Space and remove all Property therefrom without being deemed guilty in any manner of trespassing or conversion.
    24. CHANGES: All items of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Owner upon thirty (30) days’ prior written notice to the Occupant. If so, changed the Occupant may terminate this Agreement on the effective date of such change by giving the Owner ten (10) days’ prior written notice of termination after receiving notice of the change. If the Occupant does not give such notice of termination, the change shall become effective on the date stated in the Owner’s notice and shall thereafter apply to the occupancy hereunder.
    25. WAIVER OF JURY TRIAL:  To the extent permitted by applicable law, Owner and Occupant waive their respective rights to trial by jury of any suit or claim brought in connection with this Agreement, the Property, the Space or the Facility.
    26. NOTICES FROM OWNER:  All notices required by this Agreement shall be sent by first class mail postage prepaid to Occupant’s last known address or to the electronic mail address provided by the Occupant in this Agreement. Notices shall be deemed delivered when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law. If Occupant has provided the Owner with an electronic address, the Owner may communicate with Occupant and provide Occupant with any written notices authorized or required under this Agreement or by applicable law via electronic mail.
    27. NOTICES FROM OCCUPANT:  Occupant represents and warrants that the information Occupant has supplied in the Agreement is true, accurate and correct and Occupant understands that Owner is relying on Occupant’s representations. Occupant agrees to give prompt written notice to Owner of any change in Occupant’s address, any change in the liens and secured interest on Occupant’s Property. Occupant understands he must personally deliver such notice to Owner or mail the notice by certified mail, return receipt requested, with postage prepaid to Owner at the address shown on the Agreement addendum or send via e-mail. Owner does not recognize or acknowledge address changes unless delivered to Owner in writing and signed by Occupant or when sent by e-mail, acknowledged by Owner via e-mail.
    28. PERMISSION TO COMMUNICATE: Occupant recognizes that Owner and Occupant are entering to a business relationship as Owner and Occupant. Occupant hereby consents to Owner phoning, faxing, e-mailing, texting and using social media to communicate with Occupant with marketing and/or other business-related communications, including automated calls or texts.
    29. WAIVER:  No waiver by the Owner of any provision hereof shall be deemed a waiver of any of the other provisions hereof or of any subsequent default or breach by the Occupant.
    30. ATTORNEYS’ FEES:  In the event the Owner retains the services of an attorney to recover any sums due under this Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand, claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney’s fees incurred in any such action.
    31. SUCCESSION: All provisions of this Agreement shall apply to and be binding upon all successors in interest, assigns, or representatives of the parties.
    32. LIMITED WARRANTY: This Agreement contains the entire agreement of the parties and no representation or agreements, oral, or otherwise, between the parties not embodied herein shall be of any force or effect (except for written addendums agreed to between the parties). The agents and employees of the Owner are not authorized or permitted to make any warranties about the Space, the Facility, or any facilities referred to in this Agreement. The Owner’s agents’ and employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES and shall not be relied upon by the Occupant. The entire agreement and understanding of the parties hereto are embodied in this writing and NO OTHER WARRANTIES are given. No promises or representations of safety or security have been made to Occupant by Owner or Owner’s agents. There shall be no liability to Owner, Owner’s employees or agents in the event alarm, video system or sprinkler system, or any components thereof, shall fail or malfunction.
    33. RELEASE OF INFORMATION: Occupant hereby authorizes Owner to release any information regarding Occupant and Occupant’s occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
    34. MILITARY SERVICE:  If you or your Spouse is on active military duty status you must provide written notice to the Owner. The Owner will rely on this information to determine the applicability of the Servicemembers Civil Relief Act.
    35. FINANCIAL INFORMATION: Owner does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner for damages arising from the use of said information by others.
    36. ARBITRATION: The Parties understand and agree that Arbitration of any Dispute pursuant to this section shall take place on an individual basis without resort to any form of class action and understand and agree that this class action waiver is an essential term of this arbitration clause. Each party shall bear its own costs and fees, including travel expenses, out-of-pocket expenses (including, but not limited to, copying and telephone), witness fees, and attorneys’ fees and expenses. The fees and expenses of the arbitrator, and all other costs and expenses incurred in connection with the arbitration, shall be shared and borne equally by the Lessor and Tenant. The decision of the arbitrator shall be final and binding. Arbitration shall be commenced by making written demand on the other party by certified mail within the appropriate prescriptive periods (statute of limitations) set by law. The demanding Party must provide the other Party a demand for arbitration that includes a statement of the basis for the dispute, the names and addresses of the Parties involved, and the amount of monetary damages involved and/or any other remedy sought. The parties shall select the arbitration company from a list of approved arbitration companies located within 15 miles of the Facility. The arbitration will be conducted under the arbitration company’s rules in effect at the time of arbitration. For purposes of this arbitration clause only, in addition to Owner and Occupant, the term ” Parties ” shall include any parent, subsidiary, or affiliated entity of Owner involved inthe performance, administration, management, or services contemplated by this Agreement or any Related Documents, together with any officers, agents, employees, successors, or assigns of the foregoing entities.
    37. GOVERNING LAW; LEASE COMPLIANCE WITH APPLICABLE LAWS: This Agreement shall be interpreted, enforced and governed under the laws and judicial decisions of the State where the facility is located. Subject to the arbitration provisions this Agreement, venue for any disputes shall be in the applicable Court in the County and State in which the Facility is located. This Agreement is intended to comply with all applicable laws.
    38. SEVERABILITY: If any provision of this Agreement or its application to any party or circumstance is held invalid or unenforceable, then the remainder of this Agreement and the affected provision to the extent it is not so held shall remain valid and enforceable and in full force and effect so long as the invalid or unenforceable provision does not go to the essence of this Agreement.
    39. ENTIRE AGREEMENT; AMENDMENTS: This Agreement: (i) is intended by the parties hereto as the final expression and the complete and exclusive statement of their agreement with respect to the terms included in this Agreement and any prior or contemporaneous agreements or understandings, oral or written, which may contradict, explain or supplement these terms shall not be admissible or effective for any purpose; (ii) shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.
    40. RULES AND REGULATIONS: Occupant has received and understands the rules and regulations of Jacks Place. The rules and regulations are posted and are subject to change without prior notice.
    41. ELECTRONIC SIGNATURE:  Occupant agrees that any reference in this Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect and enforceability as if it was made in a non-electronic form. If not signed with an original signature below and electronic signature is used, Occupant understands and agrees that Occupant is consenting to be legally bound by the terms and conditions of this Agreement as if Occupant signed this agreement in writing. Occupant agrees that no certification authority or other third-party verification is necessary to validate their e-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of the e- signature or any resulting agreement between Occupant and Owner. Additionally, Occupant certifies that he/she is age 18 or above.
    42. Occupant acknowledges that he has read, is familiar with, and agrees to all the terms, conditions, and provisions of this agreement. Do not sign this agreement until you have read it, including all provisions on the reverse side, and fully understand it. This agreement limits the Owner’s liability for loss or damage to your stored property. If you have any questions concerning its legal effect, consult your legal advisor. Occupant acknowledges that they have received a copy of this agreement in addition to the rules and regulations of Jack’s Place.

    IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written on the top of Page 1 of this Agreement NOTE: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ IT AND FULLY UNDERSTAND IT. THIS AGREEMENT RELEASES THE OWNER’S LIABILITY FOR LOSS OF OR DAMAGE TO YOUR STORED PROPERTY.