2. Term: TW Storage rents to Tenant that certain storage space designated as UNIT_______ (“Unit”), dimension subject to the terms and conditions of this Agreement and continuing month-to-month until terminated or revised. The Unit is clean and undamaged upon Tenant occupancy unless otherwise noted on a signed addendum to the agreement. TW Storage reserves the right to revise any part of this Agreement, or cancel it, with 30 days advance notice to Tenant. Said revised Agreement shall not require Tenants signature to become effective.
3. Rental: Tenant shall pay TW Storage a RENT OF must be paid in full at the beginning of each new pay period, be it annual, quarterly, or monthly. Rent for the first month of occupancy will be prorated on a daily basis from date agreement is entered. There will be no proration for the last month of occupancy. Tenant understands that rent must be paid in at the beginning of each new pay period, be it annual, quarterly, or monthly, and that TW Storage does not accept partial payments. TW Storage reserves the right to change the rental rate charged at the initial term of this Agreement with 30 days advance notice to Tenant.
4. Payment: Payment of monthly rent and other charges permitted by this Agreement shall be made on time. Check payment can be made payable to TW Storage and mailed to 361 South St., Calais, ME 04619. No bills or statements are sent. Payment may also be made on the premises at the Customer Service Counter, or online with a credit card at www. tradewindsmarkets.com
5. Other Charges: Tenant agrees to pay applicable late charges as set forth in Paragraph A below or elsewhere in this Agreement. Late fees apply with or without notice.
A. Late Charges: If tenant fails to pay rent by the end of the fifth (5th) calendar day after said rent is due, a late fee of $25.00 will be charged to the Tenant’s account.
B. Returned Check Charge: A fee of $25.00 shall be charged for each returned check. Payments made by Tenant will always be applied first to the oldest charges on the Tenant’s account.
6. Termination by Tenant (Intent to Vacate): TENANT MUST GIVE LANDLORD AT LEAST THREE (3) DAYS ADVANCED NOTICE OF TERMINATION OF THIS AGREEMENT. Any prepaid rent for months other than the month vacating will be refunded. Tenant is responsible for all rent and other charges as long as the Tenant’s lock remains on the Unit. Upon vacating, Tenant must leave the Unit empty, broom clean, and remove Tenant’s lock from the door. If Tenant fails to empty and clean Unit upon vacating, Tenant will pay any costs the Landlord incurs with emptying and cleaning the Unit. Rent and other fees continue to accrue until Tenant’s lock is removed from the Unit.
7. Default: If Tenant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Tenant, Tenant will be considered in default of this Agreement and TW Storage may bring an action for restitution of the Premises as allowed by Maine law. Furthermore, pursuant to Maine law, TW Storage may deny Tenant access to the storage space by overlocking when rent is more than ten (10) days past due. If the Tenant does not pay the amount necessary to satisfy the lien and the reasonable expenses incurred by TW Storage within ten (10) days after the delivery of a default notice to Tenant, Tenant’s property in or on the premises will be advertised for sale and will be sold at a specified time and place as allowed by the Maine law. Prior to sending a default notice, TW Storage will enter Tenant’s unit to compile an inventory of items required by law for inclusion in the default notice and public sale advertisement. The Tenant’s lock will be physically removed at this time and Tenant’s unit will be sealed with a TW Storage’s lock.
8. Use of Storage Space: TW Storage is not engaged in the business of storing goods for hire and no bailment is created under this agreement. Landlord exercises neither care, custody nor control over Tenant’s stored property. Tenant agrees to use the storage space only for the storage of property wholly owned by Tenant. Tenant agrees not to live in the storage space or use the space for any illegal purpose. Tenant agrees not to store flammables, stolen property, perishables, guns, ammunition, anything alive or dead. Nothing herein shall constitute any agreement or admission by TW Storage that Tenant’s stored property has any value, nor shall anything alter the release of TW Storage’s liability set forth below.
9. Hazardous or Toxic Materials: Tenant is strictly prohibited from storing or using on the premises materials classified as hazardous or toxic under any local, state, or federal law or regulation, and from engaging in any activity which produces such materials. Tenant’s obligation of indemnity as set forth below specifically include any costs, expenses, fines or penalties imposed against TW Storage arising out of storage, use or creation of any hazardous material by Tenant, Tenant’s agents, employees, invitees and/or guests. TW Storage may enter the space at any time to remove and dispose of prohibited items.
10. Care of the Premises: Tenant, Tenant’s agents, employees, invitees and/or guest, will maintain the premises in good condition, reasonable wear and tear is expected, and Tenant shall not perform any practices which may injure the building or buildings or be a nuisance or a menace to other Tenants and shall keep the premises under Tenant’s control, including the adjoining corridors and/or driveways, clean and free from rubbish, dirt, and other debris at all times. Rubbish shall be removed by Tenant at Tenant’s expense. TW Storage is not responsible for removal of goods of any nature. TW Storage will keep access to units free of snow with the exception of snow and ice directly in front of the doors which will be the occupants responsibility.
11. Damage by Tenant: Tenant is responsible for the cost to repair any and all damage to the Unit or facility structure caused by Tenant, Tenant’s agents, employees, invitees and/or guests.
12. Insurance: TW STORAGE DOES NOT PROVIDE INSURANCE FOR STORED GOODS. Tenant is encouraged to obtain a renters insurance policy to cover Tenant while occupying the Premises. Such policy should include personal property coverage for damage / theft, etc. and personal liability coverage to protect Tenant against injury claims from guests, etc.
13. Release of TW Storage’s Liability for Property Damage: All personal property stored within or upon the space by Tenant shall be at Tenant’s sole risk.TW Storage, TW Storage’s agents and/or employees shall not be liable for any loss or damage to Tenant’s personal property stored at the self storage facility arising from any cause whatsoever including, but not limited to, burglary mysterious disappearance, fire, water damage, rodents, insects, Acts of God, the active or passive acts or omissions or negligence of the TW Storage, TW Storage’s agents and/or employees.
14. Release of TW Storage’s Liability for Bodily Injury: TW Storage, TW Storage’s agents and/or employees shall not be liable to Tenant, Tenant’s agents, employees, invitees and/or guests for injury or death to Tenant, Tenant’s agents, employees, invitees and/or guests as a result of Tenant’s use of storage space or the premises, even if such injury is caused by the active or passive acts or negligence of the TW Storage, TW Storage’s agents and/or employees.
15. Indemnification: Tenant agrees to indemnify, hold harmless and defend Landlord from all claims, demands, actions or causes of action (including attorney’s fees and all costs) that are hereinafter brought by others arising out of Tenant’s use of the premises, including claims for Landlord’s active negligence except that Tenant shall not be liable for Landlord’s sole negligence.
16. TW Storage’s Right to Enter (No Default): Tenant grants TW Storage and/or representatives of any governmental authority, including police and fire officials, access to the Unit upon one (1) days advance notice to Tenant for non-emergency situations. In the event of an emergency, suspected illegal use of the Unit, or structural/mechanical repair to the building,TW Storage and/or representatives of governmental authority shall have the right to enter the premises without notice to Tenant, and take such actions as may be necessary or appropriate to preserve the premises, to comply with applicable law, to enforce TW Storage’s rights or to protect the safety, health, and welfare of others and other’s stored property.
17. Tenant’s Access: Tenant’s access to the premises may be conditioned in any manner deemed reasonable necessary by TW Storage to maintain order on the premises. Such measures may include, but are not limited to, verifying Tenant’s identity and/or limiting hours of operation.
18. Locks: Tenant agrees to use and Tenant shall provide at Tenant’s expense a lock deemed sufficient to secure the Unit. Tenant agrees to keep Unit locked when Tenant is not present at premises. TW Storage may, but is not required to lock Tenant’s storage space if it is found unlocked. Tenant may use only one (1) lock per storage space door and TW Storage may remove any additional locks placed on storage space by Tenant.
19. Property Left on Premises: Landlord may dispose of any property left in the storage space or on the premises by Tenant after Tenant’s tenancy is terminated. Tenant shall be responsible for all costs incurred by Landlord in deposing of such property.
20. Rules: TW Storage shall have the right to establish or change hours of operation or to make known rules and regulations for the safety, care, and cleanliness of the premises, or the preservation of good order on the premises. Tenant agrees to observe a 5 M.P.H. speed limit on the premises.
21. Relocation: TW Storage reserves the right to relocate Tenant, without expense to Tenant, to any unit of comparable size.
22. Sublease: Tenant may not assign this Agreement or sublet the premises.
23. Severability: It is understood and agreed that if any provision of this Agreement shall be held to be invalid, this Agreement shall be considered to be amended to exclude any such invalid provision and the balance of the Agreement shall be read independently of said excluded provision and shall remain in full force and effect.
24. Governing Law: This agreement shall be subject to and governed by the laws of the State of Maine.
25. Waiver: The failure of either party to enforce any covenant or other provision of this Agreement shall not constitute a waiver of the right to do so thereafter nor shall give rise to any cause of action or defense on the part of the Tenant.
26. Survival of Covenants: All portions of this Agreement which by necessity are required to be enforced by either party are enforceable beyond the date of the termination of this Agreement.
27. Entire Rental Agreement: This agreement is the entire Agreement between the parties and the terms of this Agreement may be modified, amended or supplemented only in writing which has been signed by all of the parties hereto.
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