Terms and Conditions
By reserving a storage until online from Minster-New Bremen Storage, LLC (“Owner”), the “Occupant” agrees to the following terms and conditions. Owner does not grant Occupant a leasehold or other interest in Owner’s real estate. Instead, Owner hereby establishes a license for Occupant’s use of the premises described below pursuant to the terms and conditions of this Rental Agreement.
It is agreed by and between Owner and Occupant as follows:
- Description of Premises. Owner hereby rents to Occupant the unit reserved online by Occupant (hereinafter the “Premises”) located at 190 Midway Drive, Minster, Ohio, and included in a larger facility at such address containing similar spaces and common areas for the use of Occupant and other Occupants (the entire facility is hereinafter referred to as the “Project”). For the convenience and benefit of Owner and all occupants of the Project and to enable Owner to offer this Rental Agreement to Occupant on the terms and charges provided for in this Storage Rental Agreement, Occupant shall have access to the Premises and the common areas of the Project only during such hours and days as are regularly posted at the Project.
- Term. The term of this Rental Agreement shall commence as of the date agreed upon by Occupant online and shall continue through the date set forth by Occupant online (the “Original Term”). The term shall automatically renew unless terminated by either party at least 30 days prior to the end of the Original Term or any renewal terms.
- Rent. Occupant shall pay Owner as a monthly rent, without deduction, prior notice, demand or billing statement, the sum of agreed upon online in advance on the first day of each month, plus tax. If the Original Term shall commence other than on the first day of a month, Occupant shall owe a pro rata portion of the first month’s rent. The monthly rent may be adjusted by Owner effective on the first day of the month following the month during which Owner sends written notice to Occupant at the address of Occupant given below specifying such adjustment. Any such adjustment in the monthly rent shall not otherwise affect the terms of this Rental Agreement and all other terms of this Rental Agreement shall remain in full force and effect.
Concurrently with the execution of this Rental Agreement, Occupant shall pay to Owner $25as a nonrefundable new account processing fee.
All rent shall be paid in advance on the first day of each month and in the event Occupant shall fail to pay the rent by the 5th day of the month, Occupant shall pay, in addition to any other amounts due, a late charge of $10.00.
- Concurrently with the execution hereof, Occupant shall deposit with Owner an amount set forth online to secure Occupant’s performance pursuant to the provisions of this Rental Agreement. Owner may commingle the deposit with funds in its general accounts, and may, at Owner’s election, apply the deposit to any amounts due and unpaid by Occupant hereunder. The balance of the deposit shall be returned to Occupant at the address of Occupant provided below, without interest, within four weeks after the termination of this Rental Agreement providing that Occupant is not in default hereunder.
- Use of Premises and Compliance with Law. Occupant shall not store any improperly packaged food or any perishable goods, goods with noxious odors, combustible materials, explosives or other inherently dangerous material, nor perform any welding on the Premises or in the Project. Occupant shall not store any personal property on the Premises which would result in the violation of any law or regulation of any governmental authority and Occupant shall comply with all laws, rules, regulations and ordinances of any and all governmental authorities concerning the Premises or the use thereof. Occupant shall not use the Premises in any manner that will constitute waste, nuisance, or unreasonable annoyance to other occupants in the Project or for human or animal habitation. The Premises may be used for storage only.
- Insurance. Occupant, at Occupant’s sole expense, shall maintain on all personal property in, on or about the premises, to the extent of 100% of the replacement value of such personal property, a policy of insurance covering damage by fire, extended coverage perils, vandalism and burglary, and any other coverage available and desired by Occupant in Occupant’s discretion.
- Limitation of Owner’s Liability; Indemnity. Owner and Owner’s Agents shall not be liable to Occupant for any damage, loss or personal injury to any person or to any property stored in, on or about the Premises or the Project, arising from any cause whatsoever, including, but not limited to, theft, fire, mysterious disappearance, rodents, acts of God or the acts, omissions or negligence of Owner or Owner’s Agents. Occupant shall indemnify and hold Owner and Owner’s Agents harmless from any and all damage, loss, or personal injury arising out of or in connection with any damage, loss or personal injury to any person or property occurring in, on or about the Premises, arising in any way out of Occupant’s use of the Premises.
- Owner’s Lien. Occupant’s personal property in or on the Premises will be subject to a claim of lien in favor of Owner. If rent or other charges due under this Rental Agreement are delinquent 5 days after the due date, Owner may terminate Occupant’s right to use of and access to the Premises, and the property Occupant stored in the Premises may be sold, destroyed or otherwise disposed of by Owner in accordance with the provisions of Chapter 5322 of the Ohio Revised Code. The rights provided by Chapter 5322 are in addition to all other rights allowed by law to a creditor against his debtor.
- Alterations. Occupant shall not make any alterations of any kind to the Premises.
- Lock. Owner shall provide, at Owner’s own expense, a lock for the Premises. Owner shall provide Occupant with a combination to access the Premises. Tenant shall return Owner’s lock upon termination of this Storage Rental Agreement.
- Right to Enter, Inspect and Repair Premises. Occupant shall grant Owner, Owner’s Agents or the representatives of any governmental authority, including police and fire officials, access to the Premises upon reasonable prior written notice to Occupant. In the event Occupant shall not grant access to the Premises as required or in the event of an emergency or upon default of any of Occupant’s obligations under this Rental Agreement, Owner, Owner’s Agents or the representatives of any governmental authority shall have the right to remove the lock to enter the Premises for the purpose of examining the Premises or the contents thereof or for the purpose of making repairs or alterations to the Premises and taking such other action as may be necessary or appropriate to preserve the Premises, or to comply with applicable law or enforce any of Owner’s rights.
- No Warranties. Occupant has examined the Premises and the common areas of the Project and, acknowledges that the Premises and the common areas of the Project are satisfactory for all purposes including the safety and security thereof, for which Occupant shall use the Premises or the common areas of the Project. Owner hereby disclaims any warranties whatsoever including any implied or express warranties, guarantees or representations regarding the nature, condition, safety or security of the Premises and the Project.
- Termination. This Rental Agreement shall terminate by the party desiring to terminate this Rental Agreement giving written notice to the other party of such party’s intention to terminate not less than 30 days before expiration of the Original Term or any renewal term. Further, this Rental Agreement may, at the option of Owner, be terminated upon any default by Occupant under the terms of this Storage Rental Agreement or the abandonment of the Premises by Occupant. In the event Owner terminates this Storage Rental Agreement because of Occupant’s default or abandonment, rent will still be owing through the end of the calendar month during which termination occurs and Tenant’s property may be sold at auction or otherwise disposed of by Owner in Owner’s sole discretion.
- Condition of Premises upon Termination. Prior to termination of this Rental Agreement, Occupant shall remove all Occupant’s personal property from the Premises and, upon termination, shall deliver possession of the Premises to Owner in a neat and clean condition and otherwise in the same condition as delivered to Occupant on the commencement date of this Rental Agreement, reasonable wear and tear excepted, unless such property is subject to Owner’s lien rights as referenced in Paragraph 8. Any personal property of Occupant which is not disposed of pursuant to Paragraph 8 and which is left by Occupant in the Premises after termination may be discarded, kept or sold by Owner. Any such handling of personal property by Owner shall not be considered a seizure of the property or a set-off against sums owing to Owner.
- Notices. Except as otherwise expressly provided in this Rental Agreement or by law, any written notices or demands required or permitted to be given under the terms of this Rental Agreement may be personally served or may be served by regular mail deposited in the United States mail with postage thereon fully prepaid and addressed to the party so to be served at the address of such party provided for in this Rental Agreement. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed complete on the date of deposit in the United States mail, with postage thereof fully prepaid and addressed in accordance with the provisions hereof.
- Notification of Change of Address. In the event Occupant shall change Occupant’s place of residence or alternate name and address as set forth in this Rental Agreement, Occupant shall give Owner written notice of any such change within ten days of the change, specifying Occupant’s current residence and alternate name, address and telephone numbers.
- Succession. This Rental Agreement shall bind the successors and assigns of Owner. This Rental Agreement may not be assigned by Occupant, but in the event of Occupant’s death or incompetency, shall be binding upon Occupant’s heirs and personal representatives.
- Construction. This Rental Agreement shall be governed and construed in accordance with the laws of the State of Ohio. Whenever possible, each provision of this Rental Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but, if any provision of this Rental Agreement shall be invalid or prohibited under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Rental Agreement.
- Entire Agreement. This Rental 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.
- Time. Time is of the essence of this Rental Agreement.
- Rules and Regulations. The rules and regulations posted in a conspicuous place at the Project are made a part of this Rental Agreement and Occupant shall comply at all times with such rules and regulations. Owner shall have the right to promulgate amendments and additional rules and regulations for the safety, care and cleanliness of the Premises, Project and all common areas, or for the preservation of good order and, upon the posting of any such amendments or additions in a conspicuous place at the Project, they shall become a part of this Rental Agreement.