Storage Agreement. Firefly Rentals Ltd. Civic Address 600 Industrial Drive Indian Head, SK S0G 2K0
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- Susanna Lisa Taylor
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1 Storage Agreement The Rental Agreement including all Terms and Conditions set forth herein and in Schedule A attached hereto, dated is made and entered into by and between: Firefly Rentals Ltd. Civic Address 600 Industrial Drive Indian Head, SK S0G 2K0 Mailing Address Box 35 Francis, SK S0G 1V hereinafter referred to as the lessor and Name Address Phones hereinafter referred to as the lessee PREMISES: The lessor hereby demises and leases to the lessee that portion of its storage facility known as UNIT # (the Premises ) to have and hold as a periodic monthly tenant on the terms and conditions contained in this agreement. ACCESS: Lessee acknowledges that access the the Premises is during the Lessor's regular business hours as posted on the Lessor's website. After hours access will be subject to call out fees charged at a rate of $40.00/call out, and are subject to change without notice. Business hours are subject to change without notice. SUB-LEASE: The Lessee may not sublet the space to any other individual or business FLAMMABLE SUBTANCES: The Lessee may not store hazardous or flammable materials of any kind on the Premise, other than in a manufacturer installed fuel tank or fuel container that is permanently attached to a powered moving vehicle or trailer, which fuel tank or fuel container shall be stored empty of fuel, or in the case of a powered moving vehicle, only the minimum amount of fuel necessary to park or remove the vehicle. SMOKING: The Premise is a smoke-free environment, if the Lessee or any of the Lessee's invitees smoke on the Premise the Lessee agrees to pay a $ fee which will be paid on demand. BUSINESS USE: The Lessee is not permitted to use the Premise to carry out business operations.
2 WEATHER CLAUSE: The Lessor reserves the right, at its sole discretion to restrict access to the Premise during conditions of excess rain or snow, and to extend this restriction until the Premise is deem by the Lessor to be in suitable condition for entry. RENTAL FEES: The tenancy shall be a month-to-month tenancy commencing on (the Commencement Date ). The lessee shall pay the Lessor, at the Lessor's address, the amount of $ plus applicable sales tax (the Rental Fee ) without demand at the beginning of each and every month of the tenancy for the above stated Premises. LIMITATION x Lessee agrees not to store collectables, heirlooms, jewellery, and works of art or any other property having sentimental value and hereby waives the right to make claims for emotional attachment. x All property is stored by the Lessee at Lessee's sole risk, Lessee assumes all risk of loss, including damage to or disappearance of the of Lessee's property due to causes including but not limited to: burglary, vandalism, mysterious disappearance, fire, water, rodent damage, Acts of God, earthquakes, mold or mildew, dust, improper use of doors, temperature or humidity changes, or any natural disaster. Lessee has examined the Premises of will have an opportunity to do so before its use, and acknowledges and agrees that by using the Premises for the storage of the Lessee's belongings, the Premises is deemed satisfactory for all purposes for which Lessee shall use it. Lessee acknowledges that all property and chattels in the Premises shall be at the Lessee's sole risk and that the Lessor is in no way or under any circumstances responsible or liable for loss, injury, or damage to such property or chattels or for personal injury derived from any cause including acts, omissions or other defaults whatsoever, whether negligent or not, of the Lessor, its employees, agents, customers or invitees. Lessee hereby acknowledges he/she has received and read the attached Schedule A Terms and Conditions Lessee understands that the Lessor does NOT provide insurance coverage on any personal or business belongings. LESSEE UNDERSTAND THAT THE LESSOR IS RENTING STORAGE SPADE FOR SELF- STORAGE USE AND IS NOT A BAILER OR A WAREHOUSEMAN IN THE BUSINESS OF STORING GOODS FOR HIRE. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written The Lessor reserves the right to cancel this agreement at its sole discretion, by giving written notice of eviction, in which case the Lessee will have 24 hours to remove all property from the Premise. Signature of Lessee (Print/Sign) Signature of Lessor (Print/Sign)
3 Credit Card Authorization Name Unit # Card # Expiry CVV Postal I authorize Firefly Rentals Ltd. to automatically, without further notice charge the above card on the first day that my rent is due each month. I also understand that I may cancel this authorization at any time, prior to the next due date, by written notification to Firefly Rentals. Signature Date
4 Schedule A Terms and Conditions TERM: The Term of this lease shall begin on the date noted in the Rental Agreement as the Commencement Date and shall continue thereafter on a month-to-month basis (each monthly period being a Rental Month ) until terminated. TERMINATION: Either party may terminate this Agreement at the expiration of any Rental Month by giving WRITTEN notice to the other party not less than fourteen (14) days before the expiration, and such termination shall be effective as of the last day of the Rental Month. Notwithstanding the foregoing, no rent shall be pro-rated and/or refunded if the Termination occurs prior to the end of a Rental Month. RENT AND OTHER CHARGES: Rental Fees for the Premises will be due at the beginning of each Rental Month (Due Date). Rental fees are due in advance. The Lessee agrees to make payments without receiving invoices, statements, demands or prior notices. If any Rental Fee, or any portion thereof, is not received by the Lessor during posted office hours on or before the Due Date, the Premises will be over locked 48 hours after the Due Date. Where applicable, gate access will be denied. If the Rental Fee, or a portion thereof, remains unpaid for 7 days following the Due Date, a $20.00 service charge will be applied to the account. If the Rental Fee, or any portion thereof, remains unpaid for 30 days following the Due Date, an additional $30.00 service charge will be applied to the account. An additional $30.00 service charge will be applied to the account every 30 days thereafter until the account is paid in full. Dishonoured cheques will be subject to a service charge of $25.00 which will be deemed additional rent and added to the Lessee's next billing. Registered letters will be sent to any Lessee with Rental Fees overdue by 60 days or more. Registered letters will be subject to a service charge of $15.00 which will be deemed additional rent and added to the Lessee's next billing. The Lessor reserves the right to adjust Rental Fees upon giving the Lessee fourteen (14) days' notice. Any additional fees may be subject to change at the Lessor's sole discretion. NOTIFICATION: The Lessee is responsible to notify the Lessor of all changes of address and/or payment information. DEFAULT: Default by Lessee under the Terms of this Agreement shall be deemed to have occurred if (1) Lessee fails to pay Rental Fees or any other charges or fees due under this Agreement, (2) Lessee fails to comply with any term, provision or covenant of this Agreement, other than payment of rent, and does not cure such failure withing ten (10) days of its occurrence, (3) the Lessee makes an assignment for the benefit of creditors or becomes insolvent or bankrupt, or shall become subject to any enactment relating to liquidation, winding up or seizure of property, or (4) Lessee abandons the Premises. A Premises will be deemed to be abandoned I) if at any time during the tenancy a lock is not present of the Premises door, or II) if the Premises is empty for more than fourteen (14) consecutive days without a written termination notice from the Lessee. SECURITY INTEREST: On Default by the Lessee under this Rental Agreement, the Lessor may enter the Premises and take possession of all collateral and realize upon the collateral and enforce its rights under the security interest by any remedy or proceeding authorized or permitted hereby or under the Personal Property Security Act or any law or legislation applicable in the jurisdiction of the Lessor. In the event that a Default occurs, Lessor shall have the right, at its election, then or at any time thereafter, while such event of Default continues, to pursue the following remedy or any other remedies provided under the applicable laws under this Agreement. This Agreement shall terminate immediately and the Lessee surrenders the Premises and all of its contents to the lessor, and if the
5 Lessee fails to do so, Lessor may, without prejudice to any other remedy which it may have, deny Lessee's access to the Premises. Lessor may, without prejudice, enter upon Premises and take possession of the property stored on the Premises, and expel or remove Lessee, without being liable for prosecution or any claim of damages therefore and Lessee hereby agrees to pay Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination through inability to re-rent the Premises on satisfactory terms and conditions. All expenses incurred by Lessor that are connected with the collection of any and all outstanding balances owed by Lessee will be assessed to the Lessee including reasonable legal fees and other expenses. LIMITATION OF LESSOR'S LIABILITY: Lessor exercises no care, custody or control over Lessee's stored property. Nothing herein shall be construed as imposing a duty upon the Lessor to store or safeguard the Lessee's personal property, and the Lessor hereby expressly disclaims any such duty. Lessor has made no representations or warranties, expressed or implied of any nature whatsoever in connection with the condition of the Premises and shall not be liable for any patent or latent defects therein. Neither the Lessor nor its Agents or Employees, or any other person for whom the Lessor may be responsible shall be liable for any loss, injury or damage to persons (including Lessee) or property (including property in the Premises) or to vehicles or their contents or any other property thereon, or for any damage to or loss of property entrusted to its or their employee, in each case derived from any cause whatsoever, including, but not limited to, theft, fire, water damage, power failure, accidents, bursting of pipes, explosions, mysterious disappearance, rodents, omissions, negligence or acts of God, or disposition of property seized as Security Interest, unless the loss is directly caused by fraud, willful injury or willful violation of the law. The Lessee agrees that it shall indemnify and hold the Lessor, Lessor's Agents and Employees harmless from any loss incurred by Lessee, Lessee's Agents and Employees in any way arising out of the Lessee's use of the Premises. USE OF PREMISES: The Lessee shall not use or permit the Premises to be occupied by any person or animal. No person other than the Lessee shall have any right, title or interest in any of the property stored by the Lessee on the Premises. The Lessee shall not story ANY food products or perishable items, dead animals, wet or mouldy property, fire arms, ammunition, flammable, explosive, poisonous, corrosive or hazardous material on the Premises. For the purpose of this Rental Agreement hazardous material shall include but not be limited to any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable municipal, provincial or federal law or regulation. The Lessee may not store hazardous or flammable materials of any kind on the Premise, other than in a manufacturer installed fuel tank or fuel container that is permanently attached to a powered moving vehicle or trailer, which fuel tank or fuel container shall be stored empty of fuel, or in the case of a powered moving vehicle, only the minimum amount of fuel necessary to park or remove the vehicle. The Lessee shall not operate any guns, weapons, business, machinery or electrical appliance on the Premises without the Lessor's express prior written consent. The Lessee shall not use the Premises for any illegal purpose or to store any item which may violate any laws, rules, regulations or ordinances of any and all governmental authorities concerning the Premises or use thereof or create any increase to the Lessor's insurance premiums, or store on the Premises any noxious substance which would create a nuisance to the Lessor or other Lessees. Persons failing to comply with the above terms will also be liable for all damages to other affected units and customer's contents therein. The Lessee is responsible for keeping the door of the Premises free and clear of snow and ice. The Lessee shall provide, at Lessee's expense, a lock for the Premises which Lessee, in Lessee's sole discretion, deems sufficient to secure the Premises, and shall keep the Premises locked and secure at all times with no more than one lock. Lessee agrees not to alter, cut drill, paint or mark any interior or exterior surface of the Premises including the walls, ceilings, floors, frames or doors. Lessee agrees to permit the Lessor to inspect the Premises upon request of the Lessor. MAINTAINANCE: The Lessee shall remove waste paper, garbage, refuse or anything that shall tend to make the Premises unclean or untidy. The Lessee must observe strict care not to allow the Premises to be left open so as to admit rain, snow or rodents. The Lessee takes the premises in its
6 present condition and agrees to return the same to the Lessor at the end of this Rental Agreement in as good a condition as received, ordinary wear and tear expected. In the event of any damage or injury to the Premises or the Lessor's premises arising from the negligent or deliberate act, or omissions of the Lessee, or for which the Lessee is otherwise responsible, all expenses reasonably incurred by the Lessor to repair or restore Premises, including any expenses incurred in the connection with any investigation of site conditions, or any clean-up, removal, or restoration work required by an applicable municipal, provincial or federal law, bylaw or regulation or any agency regulating Hazardous Materials, shall be paid by the Lessee as additional rent and shall be due upon demand by the Lessor. Lessee agrees that any personal property left in the Premises after the Termination Date shall be deemed abandoned by the Lessee, and with respect thereto, Lessee authorizes Lessor to remove such property from the Premises at the Lessee's expense. Lessor may dispose of the property in any manner in Lessor's sole discretion and without liability to the Lessee. BINDING EFFECT: This agreement shall enure to the benefit of and be binding upon each of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. RELEASE OF LESSEE INFORMATION AND RIGHT TO ENTER: Lessee hereby authorizes Lessor to release any information regarding Lessee and Lessee's tenancy as may be required by law or requested by governmental authorities or agencies, law enforcement, or courts, including but not limited to officials from municipal, provincial or federal environmental or other regulatory agencies. Lessee shall grant Lessor, Lessor's Agents and Employees, or the representatives of any government authority, including the police and fire officials, access to the Premises, if necessary, as required by applicable laws and regulations. NOTICES: Except as otherwise expressly provided for in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first class mail, or registered mail, deposited in Canadian mail with postage thereon fully paid and addressed to the party to be served at the address such party provided in this Agreement. Service of any such notice shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed complete three (3) days after deposit in Canadian mail, with postage thereon fully prepaid and sent to the last known address of the Intended recipient as provided for in this Agreement. APPLICABLE LAW: This Rental Agreement shall be deemed to have been made, executed and delivered in the Province of Saskatchewan, and any controversy arising under or in relation to this Rental Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan. FORCE MAJEURE: Lessor shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of governmental authority, insurrection, riots, federal emergencies, war, acts of public enemies, terrorism, inability to secure adequate labour or materials, strikes, lock-outs, or other labour difficulties, failure of delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, tornadoes, or other catastrophes or serious accidents, epidemic, or embargoes. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of all the parties with respect to the subject matter hereof, except as stated in this Agreement, and contains all of the representations, undertakings, and agreements of all parties respecting the subject matter hereof. There are no representations, undertakings or agreements of any kind whatsoever between all the Parties respecting the subject matter hereof except those contained in this Agreement.
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