BROADWAY STORAGE RENTAL SPACE AGREEMENT 1150 E. Broadway St. Missoula, MT 59802 Ph: (406) 721-0485 Email: info@broadwaystorage.net Tenant s Name: Date: Address: City: State: Zip: Home Phone: ( ) Driver s license #: Employer: Work Phone: ( ) Email: Alternate contact: Relation: Address: City: State: Zip: Phone: ( ) TERMS AND CONDITIONS 1. LEASE. Broadway Storage, LLC (the Landlord ) does hereby lease the below described storage unit (the Leased Premises ) generally located at 1150 East Broadway, Missoula, Montana to the above named party (the Tenant ). It is agreed that this is a commercial lease for the Leased Premises. In no event shall Landlord be considered a "warehouseman" as to any goods stored in or on the Leased Premises. Leased Premises: Building #: Space #: Size: 2. ACCEPTANCE OF PREMISES; ALTERATIONS. Tenant accepts the Leased Premises in its existing condition. No representation, statement or warranty, express or implied, has been made by or on behalf of Landlord as to such condition. Tenant agrees to immediately notify Landlord of any defects, dilapidation or dangerous condition. Tenant agrees to keep the Leased Premises in good order and condition and to pay Landlord promptly for any repairs needed to be performed to the Leased Premises as a result of Tenant s negligence or misuse or the negligence or misuse of Tenant s invitees, licensees and guests. Tenant shall make no alterations or improvements to the Leased Premises without the prior written consent of Landlord, which may be withheld in Landlord s sole discretion. Should Tenant damage the Leased Premises, or make alterations without the prior written consent of Landlord, then all costs and expenses necessary to restore the Leased Premises to its prior condition shall be borne by Tenant. 3. TERM; TERMINATION. The term of this agreement shall be monthly, commencing on the date first set forth above, unless sooner terminated as hereinafter provided. Either Landlord or Tenant may terminate this agreement upon thirty (30) days' written notice, but Landlord may terminate this agreement in the event of default pursuant to the procedure set forth in Section 14. There will be no reimbursement for any portion of fee(s) in the event that Tenant terminates this Lease upon less than thirty (30) days' written notice. As a condition for such termination and prior to the return of any deposit, Tenant shall completely vacate the Leased Premises, leaving it in good and clean condition; reasonable wear and tear excepted, and allow Landlord to inspect the Leased Premises to verify the final condition and content of the Leased Premises. As a further condition of termination, Tenant shall leave a forwarding address where Tenant may be served by certified mail in any action to recover unpaid rent or for damages to the Leased Premises. 4. RENT AND LATE FEES.. Tenant shall pay to Landlord rental installments in the amount of $ per month and shall be paid to Landlord or Landlord s agent at 1121 East Broadway, Suite 101, Missoula, Montana 59802 or such other place as Landlord may designate in writing. Rental payments are payable in advance on or before the 1 st day of each month, commencing on the 1 st day of the month following the month first written above. Tenant acknowledges and agrees that all monthly rental payments due hereunder shall be paid via Automated Clearing House (i.e. ACH) payment. Landlord reserves the right to reject any partial monthly rental payment and any monthly rental payment that is not paid via BROADWAY STORAGE RENTAL SPACE AGREEMENT -1
ACH payment. Tenant agrees to pay a non-sufficient funds fee in the amount of twenty-five dollars ($25.00) for any monthly rental payment returned unpaid for any reason. Concurrently with the execution of this agreement, Tenant shall pay Landlord a prorated rental amount for the period from the date first written above to the 1 st day of the next month. Upon thirty (30) days written notice to Tenant at the address set forth above, Landlord may increase the amount of the monthly rental payment set forth in this Section 4. Monthly rental payments not received by Landlord on or before the 1 st day of each month during the term, shall be subject to a late fee in the amount of two dollars ($2.00) per day and Tenant acknowledges and agrees that said late fee is fair and reasonable in light of all circumstances. A monthly rental payment shall not be considered paid until any associated late fees are also paid. In the event of default by Tenant for nonpayment of rent for a period of thirty (30) days, Landlord shall have a storage lien and may sell personal property of Tenant stored pursuant to all applicable Montana statutory provisions, including but not limited to, Montana Code Annotated Sections 70-6-411, 70-6-412 and 70-6-420 as well as any corresponding provisions of subsequent superseding Montana laws. Additionally, after nonpayment of rent for a period of thirty (30) days, Landlord shall have the right to secure the Leased Premises via Security Lock. If Tenant desires to become current under the terms of this agreement after Landlord has placed a Security Lock on the Leased Premises, Tenant shall pay a twenty-five dollar ($25.00) fee to Landlord to remove the Security Lock on the Leased Premises. The placement of a Security Lock on the Leased Premises shall not be deemed a conversion of Tenant s stored property. 5. DEPOSITS. Concurrently with the execution of this agreement, Tenant shall pay to Landlord a security, cleaning and damage deposit in the amount of $ to be held by Landlord for Tenant s faithful performance of this agreement. The security deposit, exclusive of any interest thereon, shall be refunded within fourteen (14) business days of Tenant vacating the Leased Premises, provided that Tenant has given written notice of at least thirty (30) days that Tenant intends to vacate the Leased Premises and that the Leased Premises is returned to Landlord in a clean and undamaged condition. In the event that Tenant fails to provide proper notification to Landlord, Landlord may, at Landlord s option, retain the security, cleaning and damage deposit. In addition, at Landlord s sole option, Landlord may retain any amounts necessary to compensate Landlord for past due rents or late fees due Landlord, cleaning or repaid of the Leased Premises under this agreement. 6. COVENANT OF QUIET ENJOYMENT. Tenant, upon the payment of the rent and upon the performance of all of Tenant s obligations and duties under this agreement, shall peaceably and quietly enjoy the Leased Premises subject to the terms of this agreement. 7. MAINTENANCE, REPAIR AND SECURITY. Landlord shall keep the roof, structural supports and exterior walls of the Leased Premises (and building in which the Leased Premises is locate) in good repair. Tenant shall keep the interior of the Leased Premises in as good order and repair as it is at the date first written above, reasonable wear and tear and damage by normal use excepted. Tenant is solely responsible for security of any property stored in the Leased Premises and Tenant understands that there are no security personnel or security systems at the storage facility. Lessee assumes all risk, damages and losses to any merchandise or goods located in or about the Leased Premises, regardless of cause. Tenant agrees that Tenant will place a good quality lock or other security device upon the Leased Premises and that Tenant will keep the Leased Premises locked or secured at all times when Tenant is not physically present in the Leased Premises. In the event such lock or security device is rendered ineffectual for its intended purposes from any cause, or the Leased Premises is rendered insecure in any manner, Landlord may, as its sole option and at Tenant s sole expense, take whatever measures are deemed reasonably necessary by Landlord to re-secure access to the Leased Premises. Landlord is not responsible for taking any measures whatsoever, nor for notifying Tenant that access to the Leased Premises has become insecure. Landlord s actions in re-securing the Leased Premises may include, but will not be limited to, securing the Leased Premises with and charging Tenant for a new padlock. The fact that Landlord has taken measures to re-secure the access to Leased Space hereunder shall not alter the limitations upon Landlord s liability as set forth in Section 26, nor shall such measures be deemed a conversion of Tenant s stored property. 8. LIMITATION ON USE. Tenant may use the Leased Premises only for storage purposes. No personal property may be stored that falls into any of the following categories: explosives of any type, drugs, alcohol, propane, gasoline, turpentine, hazardous wastes or chemicals, or other combustibles, edible food, firearms, jewelry and silver, or valuable coins, metal or original artwork. Also, Tenant may not hold any sales of any kind (such as yard or garage sales) from the Leased Premises or the storage facility as a whole. Tenant agrees that the Leased Premises will not be used for the operation of any business or for any human or animal occupancy. Habitation is strictly prohibited. Trash or other discarded materials shall not be allowed in or near the Leased Premises. Vehicle or other similar fuel-driven equipment may be stored only with prior written notification and written consent of Landlord and only if the fuel tanks are empty. Tenant shall not store in the Leased Premises any items which shall be in violation of any law, regulation or any order or governmental agency or in violation of any other legal requirements or do any act or cause to be done any act which creates or may create a nuisance in or upon or connected with the Leased Premises. In the event hazardous waste or material is stored or left in the Leased Premises, Landlord will prosecute to the fullest extent of the law. Tenant agrees that in no event shall the aggregate value of all personal property stored pursuant to this agreement exceed five thousand dollars ($5,000.00) in value. Nothing herein shall constitute any agreement or admission by Landlord that Tenant s stored property has any value, nor shall anything herein alter the release of Landlord s liability set forth in Section 26. Landlord may immediately terminate this agreement for any breach of this Section 8, and Tenant shall be responsible for all damages sustained by Landlord. It is expressly understood this is a contract for rental of space and is not to be construed as an agreement of deposit or storage. Landlord has no BROADWAY STORAGE RENTAL SPACE AGREEMENT -2
knowledge of the contents of the in the Leased Premises. It is requested that Tenant restrict storage-related activities to "Daylight Use Only" to prevent alerting security unduly. 9. LANDLORD S RIGHT TO ENTRY. Landlord and Landlord's representatives and agents may enter the Leased Premises for the purpose of inspecting the Leased Premises, making repairs, or exhibiting the Leased Premises for sale, lease or mortgage financing without prior written notice to Tenant. 10. ACCESS. In Landlord s sole discretion, Tenant s access to the Leased Premises may be conditioned in any manner deemed reasonably necessary by Landlord to maintain order and protect security of the Leased Premises. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Tenant s identity and requiring Tenant to sign in and out upon entering and leaving the Leased Premises. 11. RULES. Tenant agrees to abide by all rules and policies of Landlord that are now in effect or that may be put into effect from time to time. 12. UTILITIES. No utilities will be provided by Landlord. 13. SURRENDER. At the expiration of the term, Tenant shall surrender the Leased Premises in as good condition as it was in the beginning of the term, reasonable use and wear from the normal business uses excepted. 14. DEFAULT. If the Leased Premises shall be deserted, abandoned or vacated, or if proceedings are commenced as to Tenant in any court under any applicable bankruptcy laws or for the appointment of a trustee or receiver of Tenant's property, if Tenant cancels the scheduled ACH payment for the monthly rental payment, or if there shall be a default in the payment of rent for more than thirty (30) days, or if there shall be a default or breach in the performance of Tenant s obligations under this agreement for a period of more than twenty (20) days after written notice of such default by Landlord (except in the payment of rent which will be deemed a default after thirty (30) days of non-payment), Landlord may, at Landlord's sole option, terminate this agreement, and Landlord shall have the right to re-enter or repossess the Leased Premises, either by force, summary proceedings, surrender or otherwise, and to dispossess and remove therefrom all of Tenant s personal property stored therein, Tenant and other occupants, without being liable to Tenant for any such act. Landlord may place Landlord s Security Lock upon the door to the Leased Premises at the end of the default period, and Tenant and Tenant's agents shall therefore be barred from the Leased Premises, and any such person going upon the Leased Premises after being barred therefrom shall be guilty of criminal trespass for which such person may be prosecuted by the full extent allowable by law. In case of an uncured default, Landlord may, at its option, continue this agreement in full force and effect after removal of Tenant and Tenant s personal property, re-let the Leased Premises, or any part thereof, as the agent of Tenant, and Tenant shall pay Landlord the difference between the rent agreed to be paid by Tenant for the portion of the term remaining at the time of re-entry or repossession and the amount, if any, received or to be received under such re-letting for the remainder of the term set forth above. Any default notice may be sent to the address of Tenant provided above or such other address as Tenant provides to Landlord in writing during the term of this agreement. 15. ABANDONMENT. Tenant shall not abandon, desert or vacate the Leased Premises at any time during the term of this agreement. In addition to any other circumstances indicating abandonment by Tenant, it is specifically acknowledged and agreed that in the event rent is due, owing and unpaid for thirty (30) days, it shall be presumed that Tenant has abandoned the Leased Premises. In the event such abandonment occurs, Tenant agrees that Landlord may enter and inspect the Leased Premises, terminate the tenancy and dispose of all of Tenant s personal property left in the Leased Premises by Tenant in accordance with applicable provisions of Montana law, including without limitation, Montana Code Annotated Sections 70-6-411, 70-6-412 and 70-6-420 as well as any corresponding provisions of subsequent superseding Montana laws. Any proceeds may be first applied to costs and expenses of the sale of the personal property and second to unpaid rent and any other necessary charges. Any remaining balance will be forwarded to Tenant at Tenant s last known address, or to the State of Montana if unclaimed by Tenant. Tenant s deposit will return to tenant in cases of abandonment. 16. ASSIGNMENT. Tenant may not assign or sublet this agreement or the Leased Premises, or any part thereof, without Landlord's written consent. Landlord may assign this agreement to a third party without consent of Tenant; provided, however, that Tenant's rights under this agreement are not impaired in any matter by such assignment. 17. TERMINATION OF LEASE AS A RESULT OF FIRE OR OTHER CASUALTY LOSS. In case of damage by fire, water, or other casualty to the Leased Premises, without the fault of Tenant, if the damage is so extensive as to amount practically to the total destruction of the Leased Premises, or in the sole discretion of Landlord it would be impractical to restore the tenant ability of the Leased Premises, then this agreement shall cease and the rent shall be apportioned to the time of the damage. In all other cases where the Leased Premises is damaged by fire or other casualty without the fault of Tenant, Landlord shall repair the damage with reasonable dispatch, and if the damage has rendered the Leased Premises untenantable, in the whole or in part, there shall be an apportionment of the rent until the damage has been repaired. 18. TENANT'S INSURANCE. Tenant is responsible for Tenant's own casualty insurance on personal property maintained and stored on the Leased Premises and agrees to release and indemnify and hold Landlord harmless from all claims or liability in connection therewith. BROADWAY STORAGE RENTAL SPACE AGREEMENT -3
19. MUTUAL RELEASE OF LIABILITY FOR ALL HAZARDS COVERED BY INSURANCE. Landlord and Tenant, and all parties claiming under them thereby, mutually release and discharge each other from all claims and liabilities arising from or caused by a hazard covered by insurance on the Leased Premises, or covered by insurance in connection with the property or activities conducted on the Leased Premises, regardless of the cause of the damage or loss. 20. INDEMNITY. Tenant, on behalf of himself, his agents, executors, administrators, successors or assigns shall defend, indemnify, and hold harmless Landlord, its current and former members, managers, officers, employees, agents, attorneys, representatives, and insurers of Landlord for any and all liability, losses, damage, expenses (including attorneys fees), costs, claims, suits, demands, actions, causes of action, proceedings, judgments, assessments, and deficiencies and charges whether known or unknown, arising directly or indirectly from, as a result of or in connection with Tenant s use of and storage of property in the Leased Premises. Tenant agrees that Landlord has the right to defend, or at its option to settle, and Tenant agrees to pay all such costs and expenses of Landlord s defense. Landlord shall have sole control of any such action or settlement negotiations, and Tenant agrees to pay, subject to the limitations of this Agreement, any final judgment entered against Landlord on such issue in any suit or proceeding defended by Landlord. 21. ENTIRE AGREEMENT. This agreement sets forth the entire understanding of the parties with respect to the subject matter of this agreement and supersedes all prior agreements and understandings between the parties regarding the subject matter of this agreement. 22. SEVERABILITY. If for any reason any provision of this agreement is determined by a tribunal of competent jurisdiction to be legally invalid or unenforceable, the validity of the remainder of the agreement will not be affected and such provision will be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision will then be enforceable and enforced. 23. ATTORNEY'S FEES AND COLLECTION FEES. If a party is in default under this agreement, the non-defaulting party will have the right, at the expense of the defaulting Party, to retain an attorney to make demand, enforce remedies, or otherwise protect or enforce the rights of the non-defaulting Party. The defaulting party shall pay all attorneys fees and costs so incurred. Furthermore, Tenant shall pay on demand all expenses and costs, including attorney s fees, incurred by Landlord in connection with enforcing this agreement and collecting amounts due Landlord hereunder and regardless of whether litigation is initiated. 24. COURSE OF DEALING. No course of dealing or usage of trade shall vary the terms and conditions of this agreement. 25. TIME. Time is of the essence with each provision of this agreement. 26. RELEASE OF LANDLORD S LIABILITY. As further consideration for the use of the Leased Premises, Tenant for himself, his agents, executors, administrators, successors and assigns, does hereby agree that Landlord, its current and former members, managers, officers employees, agents, attorneys, representatives, and insurers of Landlord shall not be liable to Tenant, his agents, administrators, executors, successors, assigns, guests, licensees or invitees for any loss or damage, injury or death cause to them on their property as a result of the use of the Leased Premises. It is further agreed that any property stored in the Leased Premises is placed there at Tenant s sole risk and Landlord, its current and former members, managers, officers, employees, agents, attorneys, representatives, and insurers of Landlord shall have no responsibility or liability for any loss or damage to said property from any cause whatsoever. Tenant acknowledges and agrees that this release of Landlord, its current and former members, managers, officers employees, agents, attorneys, representatives, and insurers of Landlord is a bargained for condition of the rent set forth herein, that Landlord does not carry insurance to cover loss for damage to Tenant s property from any cause whatsoever and that were Landlord not released from liability as set forth herein, a much higher rent would be charged. Tenant further acknowledges and agrees that insurance is available from independent insurance companies to protect Tenant in the event of theft, damage or destruction of Tenant s property. In the event Tenant acquires such insurance, Tenant expressly agrees that the carrier of such insurance shall not be subrogated to any claim of Tenant against Landlord, its current and former members, managers, officers, employees, agents, attorneys, representatives, and insurers of Landlord for any liability released herein. Tenant acknowledges that Landlord does not warrant or represent that Tenant s property will be safely kept, nor that it will be secure against theft, nor that the Leased Premises are secure against any hazard caused by water, fire or the elements of nature, including infestation of mice or other rodents. Tenant agrees to not store edible food items and to take preventative measures such as Decon, traps or dryer sheets to kill or repel mice or other rodents. 27. GOVERNING LAW; CONSENT TO JURISDICTION. Each party specifically acknowledges and agrees that this agreement and its interpretation and enforcement are governed by the laws of the State of Montana. Furthermore, each party irrevocably (i) submits to the jurisdiction of any court of the State of Montana located in Missoula County for the purpose of any suit, action or other proceeding arising out of this agreement or any of the agreements or transactions contemplated hereby (each, a Proceeding ), (ii) agrees that all claims in respect of any Proceeding may be heard and determined in any such court, (iii) waives, to the fullest extent permitted by law, any immunity from jurisdiction of any such court or from any legal process therein, (iv) agrees not to commence any Proceeding other than in such courts and (v) waives, to the fullest extent permitted by law, any claim that such Proceeding is brought in an inconvenient forum. BROADWAY STORAGE RENTAL SPACE AGREEMENT -4
28. WAIVER. A waiver of any default, breach or non-compliance under this agreement is not effective unless in writing and signed by Landlord. No waiver will be inferred from or implied by any failure to act or delay in acting by Landlord in respect of any default, breach, non-observance or by anything done or omitted to be done by Tenant. The waiver by Landlord of any default, breach or non-compliance under this agreement will not operate as a waiver of Landlord s rights under this agreement in respect of any continuing or subsequent default, breach or non-compliance (whether of the same or any other nature). 29. REMEDIES CUMULATIVE. Unless otherwise expressly stated herein, all rights and remedies of Landlord under this agreement are in addition to Landlord s other rights and remedies and are cumulative. 30. COUNTERPARTS. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Landlord and Tenant have executed this agreement effective as of the date first written above. TENANT: (Signature) LANDLORD: Broadway Storage, LLC By: (Printed Name) Name: Its: Authorized Signer RENTAL CALCULATIONS: First Month s Rent Security Deposit Padlock Purchase Month s Rent Total Move-in Cost BROADWAY STORAGE RENTAL SPACE AGREEMENT -5