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HomeMy WebLinkAbout01-22 Draft Lease Agreement Initials: _____________ APARTMENT COMMUNITIES | COMMERCIAL REAL ESTATE | HOTEL DEVELOPMENT | H&W CONSTUCTION | CRANE RENTAL - 1 - PO Box 2468 Winchester, VA 22604 (540) 667-3752 AikensGroup.com AIKENS COMPANY STORAGE LEASE This Lease made this , day of , by and between hereinafter referred to as “Lessor”, and , hereinafter referred to as “Lessee”. RECITALS A. The Lessor owns a storage unit premises situated at , in the County of (the “Storage Unit Premise”). B. The Lessee desires to Lease storage unit from the Lessor, designated as Unit , (the “Unit”). The Lessee has inspected the Unit and acknowledges that the Unit and Storage Unit Premise is satisfactory for all purposes for which the Lessee intends to use the Unit, including the safety and security thereof. 1. Term: The term of this Agreement shall begin as of , shall continue from the first day of the month immediately following, and shall be automatically renewed, on the same terms, on a month-to-month basis, unless, at lease 15 days before the end of a month, written notice is given by either party to the other of its intention to terminate. (the “Lease Term”). If Lessee vacates before the expiration of this Agreement, or any extension hereof, Lessor shall retain that part of the Rent paid in advance as liquidated damages. There will be no refund of Rent whether the Unit has been occupied for the period from the vacancy date to the end of the month in which the vacancy occurred. If there is no lock on the Unit on the last day for with the Lessee has paid Rent, Lessor may, in its sole discretion and without prior notice to the Lessee, terminate this Agreement as of such day and any property of Lessee remaining in the Unit thereafter will be considered abandoned property pursuant to Paragraph 6. At any time during the term of this agreement, Lessor reserves the right to refuse payment of Lessee’s Rent by check including, but not limited to, the last month’s Rent. Upon termination of this Agreement, the Lessee shall remove all personal property from the unit (unless such property is subject to the Lessor’s lien rights as referenced herein) and shall deliver possession of the Unit to the Lessor on the day of termination. Lessor agrees that the Unit shall be left in a broom- swept condition. Lessee hereby waives and releases any claims or actions against the Lessor for disposal of personal property resulting from the Lessee’s abandonment. Rent prepaid for any period in which the Lessee moves out early shall not be refunded. does not refund Rent for Partial-Month Occupancies. 2. Rent: The rent for the Lease Term shall be ($ ) per month (the “Rent”), except that such Rent shall be subject to change with thirty (30) days prior written notice to the Lessee sent pursuant to Paragraph 24. Rent shall be paid monthly prior to the first day of each month, without deduction, prior notice, or demand. The failure of the Lessee to pay Rent when due shall constitute a default on the part of the Lessee as provided in Paragraph 6. The first payment of Rent shall be for any prorated portion of a month remaining to make succeeding full month Rent payments due before the first day of each month; however, if the rental occurs after the 25th day of any given month, the first payment of Rent shall also include the Rent for the following full month. It is expressly agreed that the Lessor shall not be required to give notice of Rent due dates or send the Lessee any reminder statements. If Lessee does not vacate the Unit and remove the Lessor’s lock specified in Paragraph 14 on the last day for which the Lessee has paid Rent, the Lessee shall be required to pay Rent for the entire succeeding month. While the Lessor does not accept partial payments, the tender of partial payments shall not serve to waive or avoid legal effect of prior notices given to the Lessee. The Lessee agrees and understands that partial payments made to cure a default for nonpayment of rent will not delay or stop foreclosure and sale of Lessee’s personal property. Only full payment on the Lessee’s account prior to the published auction date will stop a scheduled sale of the stored property. 3. Fees and Deposits: a. Concurrently with the executive of this Agreement, the Lessee will pay $ to the Lessor as a nonrefundable new account administration fee. b. If Rent is not paid within five (5) days after the monthly due date, a Late Fee equaling the greater of $20.00 per month or twenty percent (20%) of the monthly Rent will be paid by Lessee to Lessor, in addition to any other amounts due. Such fee shall be assessed for failure to pay Rent when due. Initials: _____________ APARTMENT COMMUNITIES | COMMERCIAL REAL ESTATE | HOTEL DEVELOPMENT | H&W CONSTUCTION | CRANE RENTAL - 2 - PO Box 2468 Winchester, VA 22604 (540) 667-3752 AikensGroup.com c. If Lessee’s check is returned unpaid, a Dishonored Check Fee of $50.00 will be paid by Lessee to Lessor, in addition to any other amounts due. Such Fee is intended to compensate the Lessor for the additional bookkeeping costs and bank charges incurred by the Lessor on account of such dishonored check. 4. Default of Lease Agreement Terms: a. The Lessee shall be in default in the breach any term of this Agreement, including the non-payment of Rent when due. At any time, the Lessee is in default, the Lessor shall be entitled to deny the Lessee access to the Unit by: (i) overlocking; (ii) removing the Lessee’s lock and replacing it with a Lessor’s lock; (iii) removing the Lessee’s property to another unit; (iv) removing the Lessee’s property from the Storage Unit Premise; or (v) immediately denying access to the Storage Unit Premise. In addition, the Lessor shall be entitled to refuse partial payments and payments made by check. b. In addition to any other rights or remedies of the Lessor, under this Agreement or applicable law, the Lessor shall have the right to charge, and the Lessee agrees to pay a Default Lien Charge of $150.00. Such charge is intended to compensate the Lessor for part of the costs incurred by Lessor in preparing to enforce, or in enforcing, the Lessor’s lien rights under the Virginia Self-Storage Lien Law, including but not limited to preparing and mailing notices to the Lessee and expenses incurred in advertising and conducting a public sale, which occurs in the Lessee is more than 30 days in default. 5. Termination: The tenancy of the Lessee may be terminated by the Lessor at any time giving thirty (30) days written notice to the Lessee. Rent is payable by the Lessee to the Lessor for the entire monthly period prior to termination, whether the Lessee vacates the Unit prior to the end of month. Lessee agrees to vacate the Unit on or before 5:00 PM on the last day of the term. In addition, the Lessee must vacate the Storage Unit Premise when the Lease has been terminated. This Lease Agreement shall automatically terminate if the Lessee abandons the Unit as outlined in Paragraph 6. On termination of this Agreement, the Lessee shall surrender Unit in a broom-clean condition and undamaged and has removed the Lessee’s locking device from the Unit. 6. Abandonment: Any property remaining in the Unit or on the Storage Unit Premise after expiration or termination of this agreement shall be conclusively deemed to have been abandoned and may be disposed of in such manner as the Lessor sees fit without being deemed guilty in any manner of trespassing or conversion. The Lessor shall have no liability to the Lessee for abandoned property or for the proceeds of sale thereof (if any), except as specifically provided by statute. The Lessee shall be liable for all costs associated with the disposal of the Lessee’s abandoned property by the Lessor. 7. Denial of Access: If the Rent is not paid within fifteen (15) calendar days of the due date, or if any Fees (as hereinafter defined) remain unpaid, the Lessor may, without notice, deny the Lessee or any other party access to the Unit, the Storage Unit Premise, and any property located therein until all Rent and Fees are paid in full. If Lessee is renting more than one Unit at any given time, default on one rented Unit shall constituted default on all rented Units, entitling the Lessor to deny access to the Lessee to all rented Units. 8. Use: The Lessor is not engaged in the business of storing goods for hire and no bailment is created under this agreement. The Lessor exercises neither care nor custody nor control over the Lessee’s stored property. The Lessee agrees to the use of the Unit only for the storage of property wholly owned by the Lessee. The Lessee shall not store food or any perishable items in the Unit. The Lessee agrees not to store collectibles, heirlooms, jewelry, works of are, or any property having special or sentimental value to the Lessee. The Lessee waives any claim for emotional or sentimental attachment to the stored property. The Lessee shall not store any type of motor vehicles, or watercraft without the Lessor’s written permission. The Lessee shall not store any personal property in the Unit that would result in the violation of any law or regulation of any governmental authority, including without limitation all laws and regulations relating to Hazardous Materials (as defined in Paragraph 12), waste disposal and other environmental matters, and the Lessee shall comply with all laws, rules, regulation, and ordinances of all governmental authorities concerning the Unit and its use. The Lessee shall not use the Unit in any manner that will constitute waste, nuisance, or unreasonable annoyance to other Lessee’s of the Storage Unit Premise. The Lessee acknowledges that the Unit may be used for storage only, and that it is specifically prohibited to use the Unit for the conduct of business or for human or animal habitation. The Lessee attests that the personal property stored or to be stored is free and clear of all liens and secured interests. If otherwise, the Lessee agrees to provide the name and address of lienholders to the Lessor. 9. Condition and Alterations of Unit: The Lessee assumes responsibility for having examined the Unit and the Storage Unit Premise and hereby accepts it as being in good order and condition. The Lessee understands that the advertised unit sizes are approximate and for comparison purposes only. Units may be smaller or larger than advertised. Units are not rented by the square foot and Rent is not based on square footage measurements. Occupant enters into this Agreement without reliance on the estimated size or the Unit. Should the Lessee damage or depreciate the Unit (including but not limited to gates, elevators, doors, and windows of the Storage Unit Premise) or make alterations or improvements without the prior written consent of the Initials: _____________ APARTMENT COMMUNITIES | COMMERCIAL REAL ESTATE | HOTEL DEVELOPMENT | H&W CONSTUCTION | CRANE RENTAL - 3 - PO Box 2468 Winchester, VA 22604 (540) 667-3752 AikensGroup.com Lessor, or require the Lessor to incur costs to clean the Unit upon termination, then all costs necessary to restore the Unit to its prior condition shall be borne by the Lessee. The Lessee agrees that should they cause any damage to the Unit or the Storage Unit Premise they will pay the invoice provided by the Lessor for the costs to repair said damage within five (5) days of receipt. The Lessor shall have the right, upon nonpayment, to add the amount of said invoice to the Lessee’s account as Additional Rent. The Lessee agrees and understands that failure to pay said invoice may result in a default in this Agreement resulting in the possible foreclosure and sale of the Lessee’s property; or the Lessor may use a collection agency to collect any unpaid invoices if the Lessee has vacated their Unit. 10. Succession; Assignment; Acknowledgment: All terms of this Agreement shall apply to, bind and be obligatory upon the executors, administrators, representatives, successors, heirs and assigns of the parties hereto. The Lessee shall not assign or sublease any or the entire Unit without obtaining Lessor’s prior written consent. If the Lessee is not an individual, the individual executing this Agreement affirms he/she is duly authorized as an officer or principal to act on behalf of the Lessee. In the absence of being duly authorized to act on behalf of the Lessee, the undersigned agrees to be personally liable for any and all amounts due, or which become due under this Agreement. 11. Cross-Collateralization of Storage Units: When Lessee rents more than one unit at the Storage Unit Premise, the Rent is secured by the Lessee’s property in all the units rented. A default by Lessee on any unit shall be considered a default on all units rented. The Lessor may exercise all remedies available including denial of access to the Storage Unit Premise and sale of the stored property if all Rent and other Fees on all units are not paid when due. 12. Hazardous or Toxic Materials: The Lessee is strictly prohibited from storing or using material sin the Unit or at the Storage Unit Premise classified as hazardous or toxic under any law, ordinance, or regulation, or from engaging in any activity that produces such materials. The Lessor, at the Lessee’s sole expense, may enter the Unit at any time to remove and dispose of prohibited items. 13. Limitation of Value of Stored Property: The Lessee agrees not to store property with a total value in excess of $5,000.00 without the written permission of the Lessor. If such written permission is not obtained, the value of the Lessee’s property shall be deemed not to exceed $5,000.00. Nothing herein shall constitute any agreement or admission by the Lessor that the Lessee’s stored property has any value, nor shall anything alter the release of the Lessor’s liability set forth in Paragraph 16. 14. Locks: The Lessee shall provide, at the Lessee’s expense, one (1) lock for the Unit, which the Lessee, in Lessee’s sole discretion, deems sufficient to secure the Unit. The Lessee shall not provide the Lessor or the Lessors agents with a key or combination to the Lessee’s lock. In the event the Lessee’s lock is broken, damaged, or otherwise unable to secure the Unit, the Lessor shall have the right, but not the obligation, to place its lock on the rented space; provided, however, that in such event the Lessor shall have no liability to the Lessee for any loss or damage whatsoever to Lessee’s stored property and the Lessee shall indemnify and hold the Lessor harmless from and against any loss, cost, or expense of Lessor in connection with locking the Unit, including the cost of the lock. 15. No Warranties: The Lessor hereby disclaims any implied or express warranties, guarantees, or representations of the nature, condition, safety or security of the Storage Unit Premise or the rented Unit. The Lessee hereby acknowledges, as provided in Recital B, that the Lessee has inspected the Storage Unit Premise and the rented Unit and hereby acknowledges and agrees that the Lessor does not represent or guarantee the safety or security of the Storage Unit Premise or the Unit, and this Agreement does not create any contractual duty for the Lessor to increase or maintain such safety or security. 16. Limitation of Lessor’s Liability for Property Damage: The Lessor is not a warehouseman engaged in the busines of storing goods for hire, and no bailment is created by this Agreement. The Lessor exercises neither care, nor custody, nor control over the Lessee’s stored property. All property stored within the unit or on the Storage Unit Premise by the Lessee or located at the Storage Unit Premise by anyone shall be stored at the Lessee’s sole risk. The Lessee must take whatever steps they deem necessary to safeguard such property. The Lessor and the Lessor’s employees and agents shall not be responsible or liable for any loss of or damage to any personal property stored in the Unit or on the Storage Unit Premise resulting from or arising out of the Lessee’s use of the Unit or the Premise from any cause whatsoever, including but not limited to; burglary, mysterious disappearance, mold, mildew, vandalism, fire, smoke, water, flood, hurricanes, rain, tornadoes, explosions, rodents, insects, Acts of God, or the active or passive acts of omissions or negligence of the Lessor, or the Lessor’s employees or agents. It is agreed by the Lessee that this provision is a bargained-for condition of the Agreement that was used in determining the amount of Rent to be charged monthly and without which the Lessor would not have entered into this Agreement. Accordingly, the Lessor shall have no liability to the Lessee for loss or damage to Lessee’s property, whether due to negligence, breach of contract or otherwise. 17. Release of Lessor’s Liability for Bodily Injury: The Lessor and the Lessor’s employees and agents shall not be liable to the Lessee or Lessee’s agents for injury or death because of the Lessee’s use of the Unit or the Storage Unit Premise, even if such injury is cause by the active or passive acts or omissions or negligence of the Lessor or the Lessor’s employees and agents. Initials: _____________ APARTMENT COMMUNITIES | COMMERCIAL REAL ESTATE | HOTEL DEVELOPMENT | H&W CONSTUCTION | CRANE RENTAL - 4 - PO Box 2468 Winchester, VA 22604 (540) 667-3752 AikensGroup.com 18. Insurance Requirements: The Lessee’s personal property stored in the unit is not insured by the Lessee against loss or damage. The Lessee shall maintain comprehensive insurance coverage of at least 100% of the actual cash value of all personal property stored in the Unit against damage by fire, extended coverage perils, vandalism, and burglary. Insurance on the Lessee’s property is a material condition of this Agreement and is for the benefit of both the Lessee and the Lessor. To the extend the Lessee fails to maintain insurance for the full value of the personal property stored, the Lessee assumes all risk of loss to stored property that would be covered by such insurance. The Lessee hereby releases the Lessor and waives any right of recovery, from all claims for damage or loss to personal property that are caused by or result from perils that are or would be covered under the required insurance Policy. The Lessee expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of the Lessee against the Lessor, Lessor’s employees or agents for loss or damage to the storage property. 19. Owners Right to Enter: The Lessee grants to the Lessor or the Lessor’s employees or agents and representatives of any governmental authority access to the Unit upon 48 hours advanced written notice to the Lessee. In the event of an emergency or nuisance, the Lessor or the Lessor’s employees or agents and representatives of any government authority shall have the right to enter the Unit without notice to the Lessee and take such action as may be necessary or appropriate to preserve the premise, to comply with applicable law, or to enforce the Lessor’s rights. 20. Release of Lessee’s Information: The Lessee hereby authorizes the Lessor to release any information regarding the Lessee and their occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies, or courts. 21. Lessee Access: The Lessee’s access to the Storage Unit Premise or the Unit may also be conditioned in any manner deemed reasonably necessary by the Lessor to maintain order and safety on the Facility. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Lessee’s identity, and inspecting vehicles that enter the Storage Unit Premise. The Lessor reserves the right, without prior notice to the Lessee, to temporarily deny the Lessee access to the Storage Unit Premise without reduction of Rent for any reason including but not limited to unsafe weather conditions as determined solely by the Lessor. 22. Governing Law: This Agreement shall be governed and construed in accordance with the laws of the State of Virginia. 23. Permission to Communicate: The Lessee recognizes that they are entering into a business relationship as Lessor and Lessee. As such, the Lessee hereby consents to the Lessor phoning, faxing, e-mailing, texting (including automated calls and texts) and using social media to communicate with the Lessee with marketing and other business-related communications, including collection notices. 24. Notices: All notices required by this Agreement shall be sent by first class mail postage prepaid to the Lessee’s last known postal address or to the electronic mail address provided by the Lessee. Notices shall be deemed given when deposited in the United States mail or sent to the electronic mail address provided. Lien notices shall be sent as required by law, which includes sending such notices exclusively by electronic mail. 25. Address Change: The Lessee agrees to advise the Lessor promptly in writing of any changes in the Lessee’s mailing address, telephone number, or email address. Such changes may be made via email, sent by verified mail, or hand delivered. Changes shall not become effective until acknowledged by the Lessor in writing. 26. Rules & Regulations: The Lessee agrees to abide by all rules and regulations pertaining to the Unit, which shall be made by the Lessor and posted in the office, loading lobby, or other areas deemed appropriate by the Lessor. The Lessor reserves the right to create or amend the rules and regulations for the Unit or the Storage Unit Premise at any time. 27. Code of Conduct: The Lessee is responsible for the code of conduct of any such person(s) or organization(s) they grant access to the Unit or Storage Unit Premise. The Lessor shall assume that possession of a key to the Unit is evidence of authority to enter the Lessee’s Unit. 28. Arbitration: In the event of any dispute between the parties, the parties agree that all claims shall be resolved by final and binding arbitration in front of a single mutually agreeable arbitrator. 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 attorney's’ 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 the Lessee. 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 any other remedy sought. The parties shall select the arbitration company from a list of approved arbitration companies located within 15 miles of the Storage Unit Premise. The arbitration will be conducted under the arbitration company’s rules in effect at the time of the arbitration. The parties agree that by entering into this Initials: _____________ APARTMENT COMMUNITIES | COMMERCIAL REAL ESTATE | HOTEL DEVELOPMENT | H&W CONSTUCTION | CRANE RENTAL - 5 - PO Box 2468 Winchester, VA 22604 (540) 667-3752 AikensGroup.com Agreement, they are expressly waiving their right to a jury trial and their right to bring or participate in any class action or multi- plaintiff action in court or through arbitration and agree that this waiver is an essential term of this clause. For claims that do not exceed the jurisdictional limit of small claims court, the Lessor and the Lessee agree to bring Claims in small claims court instead of arbitration. The rules of the small claims court shall apply. 29. Time to Bring Suit: The Lessee must bring any claim or file any lawsuit that arises out of this Agreement, the negotiations that proceeded this tenancy, or for loss of or damage to stored property within twelve (12) months after the date of the acts, omissions, or inactions that gave rise to such claim or suit or twelve (12) months after the termination of this Agreement, whichever occurs first. 30. Indemnity: If either the Lessor or the Lessee is made party to any litigation instituted by or against the other, the losing party will indemnify the prevailing party against all loss, liability, and expense including reasonable attorneys’ fees and court costs incurred by it in connection with such litigation. 31. Attorney Fees: In the event the Lessor 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 Lessee, the Lessee agrees to pay to the Lessor the reasonable costs, expenses, and attorney's’ fees incurred in any such action. 32. Application of Payments: Nothing in this Agreement shall be deemed to require the Lessee to pay any charge or other sum if and to the extent that such charge or sum would exceed the maximum allowed by law. In such event, all such excess shall be and is hereby waived by the Lessor, and any such excess paid shall be automatically credited against and in reduction of the remaining Rent due from time to time under this Agreement (beginning with the Rent for the last month of the term of this Agreement, and then to the Rent for the preceding month or months, until such excess is credited in full), and the portion of said excess that exceeds the remaining unpaid Rent for the balance of such term shall be refunded by the Lessor to the Lessee. 33. Changes to Agreement: All items of this Agreement, including but without limitation, the monthly Rent, conditions of occupancy and other fees and charges are subject to change at the option of the Lessor upon thirty (30) days prior written notice to the Lessee. If so, changed the Lessee may terminate this Agreement on the effective date of such change by giving the Lessor ten (10) days prior written notice of termination after receiving notice of the change. If the Lessee does not give such notice of termination, the change shall become effective on the date stated in the Lessor’s notice and shall thereafter apply to the occupancy hereunder. 34. Severable: If any part of this Agreement is declared invalid, it shall not affect the validity of any of the rest of this Agreement, which shall remain in full force and effect as if this Agreement had been executive without the invalid part. 35. No Oral Agreement: This Lease contains the entire Agreement between the Lessor and the Lessee, and no oral agreements shall be of any effect whatsoever. The Lessee agrees that they are not relying, and will not rely, upon any oral representation made by the Lessor, or by any of the Lessor’s employees or agents purporting to modify or add to this Agreement in any way. The Lessee agrees that this Agreement may be modified only in writing, signed by both parties, for such modifications to have effect. 36. Indemnification: The Lessee will indemnify, hold harmless, and defend the Lessor from all claims, demands, actions, or causes of action (including attorney's’ fees and all costs) that are hereafter made or brought because of or arising from the Lessee’s use of the Unit. This indemnity specifically includes, but is not limited to, all liabilities released by the Lessee in this Agreement. 37. Entire Agreement: This agreement including any attached exhibits or addendums contain the entire agreement of the parties hereto and neither they nor their employees or agents shall be bound by any terms, conditions, warranties, representations, or advertisements, oral or written, not contained herein. IN WITNESS WHEREOF, the individual parties have signed and sealed this Lease, and any corporate party or parties have caused it to be signed and their corporate seals to be affixed and attested by their respective duly authorized officers Initials: _____________ APARTMENT COMMUNITIES | COMMERCIAL REAL ESTATE | HOTEL DEVELOPMENT | H&W CONSTUCTION | CRANE RENTAL - 6 - PO Box 2468 Winchester, VA 22604 (540) 667-3752 AikensGroup.com LESSOR: AIKENS INVESTMENTS L.P. L.L.P. Walter H. Aikens, General Partner of Assignee or Assignee Date LESSEE: CASA of the EASTERN PANHANDLE Date