PLEASE READ AGREEMENT IN FULL BEFORE SIGNING!
THIS AGREEMENT IS MADE ON THE FOLLOWING TERMS:
1. CHANGE OF INFORMATION: Occupant agrees to immediately notify Owner of any changes in mailing address, phone number or other information pertinent to the lease of said space.
2. NO ALTERATIONS: Occupant shall not make any alterations whatsoever to the premises. All shelving, whether bought or built, must not be attached to the wall. Occupant agrees to leave the premises in a clean and undamaged condition. All damage to any part of the above described premises occurring through the action or negligence of the Occupant or responsible party, shall be paid for by the Occupant.
3. USE OF STORAGE SPACE: A) Occupant agrees that only space for storage is being rented, and that this Agreement shall not create or constitute a bailment of deposit of goods. Occupant agrees that he will not assign, lease, or sublease the premises, or any portion thereof without the express, written consent of Owner. B) Occupant also agrees not to use the storage space for any unlawful purpose. Storage of explosives, toxic wastes and petroleum products, ingredients to manufacture illegal drugs, highly flammable materials or illegal drugs and contraband is expressly prohibited. Upon Owner’s reasonable belief that hazardous, dangerous, or illegal materials are stored within the premises, Owner shall have the right to remove any locking device placed on the premises and enter the premises for the purpose of inspecting the premises. Occupant will then be held responsible for all expenses for removal of items in question.
4. RISK OF LOSS: Occupant agrees that the use of the storage space is at OCCUPANT’S SOLE RISK. Occupant agrees that Owner shall not be liable to Occupant or Occupant’s invitees, agents, employees, or trespassers, for any personal injury or death or damage to personal property caused by intentional acts or negligence. Owner will not be held responsible for any damage to personal property stored at this facility due to burglary, fire, theft or damage by third parties. Occupant is encouraged to obtain their own renter’s type insurance for these purposes. Owner accepts no liability for emotional distress or damage. This includes but is not limited to poor storage procedures against fire, smoke, dust, water, weather, moisture, mold, mildew, insects, vermin, explosion, theft, war, acts of terrorism, or Acts of God. UNIT MUST REMAIN LOCKED AT ALL TIMES.
5. OWNER’S RIGHT OF ENTRY: Owner may, at reasonable times, enter the storage space under any of the following circumstances: A) Owner has express written or oral authority from Occupant to enter. B) Owner reasonably believes there is an emergency, including and without limitation to, an imminent danger or health hazard to persons or property because of fire or water damage, broken doors, broken locking mechanisms, spoiled food, carcasses, volatile chemicals or fuel. C) Owner has reasonable grounds to believe that criminal activity is occurring in the storage space. D) Owner has made written request to Occupant by mail for access to the storage space for inspection, repair, improvement or relocation of contents after a casualty loss, and Occupant has failed to provide such assess at the time and date requested, which may be no sooner than three (3) business days from the mailing of the letter by the owner.
6. RENT AND CHARGES: Monthly rent is listed on the first page of this document and should be received by the first of the month, with a delinquent fee of $5.00 accruing on the second of
the month. Additionally, an overlock will be placed on the unit with another $10.00 fee. Late charges are agreed to be fair and reasonable as compensation for Owner’s time, effort, overhead and inconvenience regardless of the extent of collection efforts. Owner may apply money received to any obligation of Occupant under this Agreement, or any other Agreement Occupant has with Owner, regardless of Occupant requests or Occupant notations on checks or money orders to apply the money to a specific purpose and regardless of when the obligations arose or the number of storage spaces covered in the Agreement.
7. The charges as set forth in this Agreement are set and binding and not contingent upon the Occupant receiving or not receiving a written invoice. Invoices will be mailed or emailed (Occupant’s choice) monthly, but Owner accepts no responsibility once the invoice leaves the U.S. Post Office or computer confirms email has been sent.
8. NOTICE OF LIEN: Under Act 576 of 1987 Acts of Arkansas, Owner has a prior contractual and statutory lien on all property in Occupant’s storage space to secure payment of all monies due and unpaid by Occupant. PURSUANT TO ARKANSAS CODE ANN. 18-16-402, THERE EXISTS A LIEN ON ALL PERSONAL PROPERTY PLACED IN THE LEASED SPACE IN THIS STORAGE FACILITY IN FAVOR OF THE OWNER. OCCUPANT AGREES THAT PROPERTY STORED IN THIS SPACE MAY BE SOLD TO SATISFY SAID LIEN IF OCCUPANT FAILS TO PERFORM IN A TIMELY MANNER ANY OBLIGATION OR DUTY SET FORTH IN THIS AGREEMENT. PURSUANT TO ARKANSAS CODE ANN. 1-16-108, UPON THE TERMINATION OF THIS LEASE AGREEMENT, ALL PROPERTY LEFT IN OR ABOUT THE PREMISES BY OCCUPANT SHALL BE CONSIDERED ABANDONED AND MAY BE DISPOSED OF BY OWNER AS IT SEES FIT WITHOUT RECOURSE BY OCCUPANT.
9. THE PARTIES AGREE that upon default of this Agreement by Occupant, Owner shall have the following remedies available: A) to immediately declare all unpaid sums due and payable, without notice. B) to commence any action in law or in equity against Occupant because of the default. C) to deny Occupant’s continued access to the storage space until the default is settled. D) to enforce and foreclose upon the lien granted to Owner by Occupant pursuant to this Agreement. E) to seek liability for costs of litigation including reasonable attorney’s fees. F) to require future transactions occur on a cash only basis. G) to declare this Agreement null and void and demand that Occupant immediately remove all property from the rental space. Occupant agrees that this list of remedies is not exclusive, and is illustrative only, and that Owner retains all remedies against Occupant to which Owner is entitled in law or in equity. Occupant further agrees that Owner’s exercise of any remedy shall not be deemed exclusive and that the Owner shall have the right to exercise any other remedies available to the Owner that are not prohibited by law.
10. NOTICE OF DEFAULT: Occupant shall be considered in default of Agreement if any or all of the above transgressions are evident.
11. MOVE-OUT DUTIES: At of before the end of the rental term, Occupant must vacate the storage space completely. Occupant must remove Occupant’s lock or locks. As long as the storage space unit has an Occupant’s lock, Occupant is responsible for the rent and fees due. Occupant must remove all contents and debris. Occupant must leave the storage space in good condition, free of damage, and broom clean.