Northstar Limited, LLC (DBA Northstar Self Storage)
P.O. Box 867, Manchester Center, VT 05255
RULES, REGULATIONS & SERVICE CHARGES :
2019 LEASE CLAUSE ADDENDUM :
1. This self-storage facility is operated in accordance with the Vermont Self-Storage Facility Act, Sec. 2. 9 V.S.A Chapter 98 and any other applicable Vermont law.
2. STATEMENTS, NOTICES AND MANDATORY SERVICE CHARGES: It is expressly understood and agreed that LANDLORD is not required to send out monthly statements or reminders of rental due dates. A list of mandatory service charges is listed above. All service charges are due without prior notice as additional rent to delay clerical and administrative expenses incurred by the LANDLORD. Time is of the essence and in the event any rental and/or service charge is due and unpaid, the LANDLORD may terminate this agreement by reason of default in the payment of rent. LANDLORD has the right to require all past due payments be made in cash, money order or cashiers check.
3. LANDLORD'S LIEN AND DENIAL OF ACCESS: The LANDLORD shall have a possessory lien upon all personal property located within a storage space within this self-storage facility for rent, labor or other charges, present or future, in relation to the personal property, and for expenses relevant to its preservation or expenses reasonable incurred in its sale pursuant to Chapter 98. Storage Units. The lien attaches as of the date the personal property is brought to or placed in a regular storage space at this self-storage facility. The LANDLORD may deny OCCUPANT access to the premises or self storage facility if they have been in default continuously for a period of seven (7) days from the due date. A notice or email will be sent to the last known address of the OCCUPANT informing them they have been denied access and that the LANDLORD intends to proceed with enforcement of their lien in accordance with the Vermont Self-Storage Facility Act. For purposes of LANDLORD'S lien: property" means movable property, not affixed to land, and includes, goods, merchandise and household items. The OCCUPANT is required to disclose in writing the existence of any lien on any stored personal property prior to the commencement of storage. "Last known address." means that address provided by the OCCUPANT in the latest rental agreement or the address provided by the OCCUPANT in a subsequent written notice of change of address. "Default" as used in this agreement means the failure of the OCCUPANT to perform in a timely manner any obligation or duty set forth in this agreement.
LANDLORD may terminate this agreement with cause, if OCCUPANT breaches any condition of this agreement including, but not limited to, non-payment of rent, by notifying the OCCUPANT in
writing seven (7) days in advance of the termination date. LANDLORD may terminate this agreement without cause by giving OCCUPANT thirty (30) days written notice prior to termination date.
4. NON-LIABILITY OF LANDLORD FOR DAMAGES; INSURANCE OBLIGATION OF OCCUPANT: This agreement is made on the express condition that LANDLORD is to be free from all liability and claim for damages by reason of injury or damages of any kind to any person, including OCCUPANT, or personal property of any kind whatsoever and to whomever belonging, including OCCUPANT, from any cause or causes whatsoever while in, upon, or in any way connected with the self-service storage facility during the term of this agreement or any extension hereof, except injuries caused by an affirmative act of LANDLORD or LANDLORD'S AGENT, and OCCUPANT hereby agrees to hold LANDLORD harmless from any liability, loss, cost (including, without limitation, attorneys fees) or obligation on account or arising out of any such injuries or losses however occurring, and OCCUPANT agrees that LANDLORD'S liabilities for damage occasioned by it or its agent shall be limited to the sum of $100.00. The LANDLORD does not provide insurance on the stored personal property against loss or damage. The OCCUPANT must provide his own insurance for any personal property stored. Insurance carried by the LANDLORD shall be for the sole benefit of the LANDLORD. The OCCUPANT shall make no claim whatsoever against LANDLORD'S insurance. Therefore, OCCUPANT secures own insurance to protect himself and his personal property against all perils of any nature whatsoever. LANDLORD shall not be liable to any extent whatsoever to OCCUPANT or OCCUPANT'S invitees, family, employees or agents or any personal injury or personal property damage or loss from theft, vandalism, civil disturbances, fire, smoke, water, mold, mildew, rodents, hurricanes, rain, flooding, rising water, tornadoes, explosions, earthquakes, acts of God or any cause whatsoever.
5. RELEASE OF LIABILITY: The OCCUPANT hereby releases the LANDLORD from loss of or damage to OCCUPANTS personal property due to theft, vandalism, civil disturbances fire, acts of terrorism, smoke, water, mold, mildew, rodents, hurricanes, rain, flooding, rising water, tornadoes, explosions, earthquakes, acts of God or any cause whatsoever. OCCUPANT agrees that personal property stored is at the sole risk of the OCCUPANT.
6. WAIVER: The OCCUPANT agrees to waive OCCUPANT'S right to a jury trial, and agrees not to bring forth or participate in any class-action lawsuit brought against the LANDLORD.
7. NO BAILMENT IS CREATED HEREUNDER: LANDLORD is not a warehouseman engaged in the business of storing goods for hire, and all personal property stored within the self-service storage facility by OCCUPANT is at OCCUPANT'S sole risk. OCCUPANT acknowledges the LANDLORD does not take care, custody, control, possession or dominion over the personal property stored within the self-service storage facility and does not agree to provide protection for the self-service storage facility, the premises or the contents therein. OCCUPANT must take whatever steps he deems necessary to safeguard stored personal property. OCCUPANT assumes full responsibility for who has access to the OCCUPANT'S stored personal property.
8. INDEMNIFICATION AND HOLD HARMLESS: OCCUPANT agrees to indemnify, defend and hold harmless the LANDLORD from and against any and all claims for damaged or lost personal property or personal injury and costs including attorney's fees arising from OCCUPANTS rental or from any activity, work, or thing done, permitted or suffered by OCCUPANT while within the self-service storage facility.
9. WAIVER OF SUBROGATION: OCCUPANT agrees to waive his rights and the rights of his insurance company for any claim for loss or damages against the LANDLORD.
10. COMPLIANCE WITH LAW: OCCUPANT shall not store any personal property which shall be in violation of any other law or requirement imposed by any Board of Health, Sanitary Department, Police Department or other government 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 and/or hazard.
11. USE AND ALTERATIONS: OCCUPANT shall not make or allow any alterations to the premises. The premises shall be used for approved storage purposes only, including, but not limited to the storage of goods, wares, merchandise, furniture and household items owned by OCCUPANT. The OCCUPANT will not use the premises as a residence. The OCCUPANT agrees to comply with the rules and regulations of the LANDLORD, and further agrees the LANDLORD shall have the continuing right to amend such rules and regulations from time to time as the LANDLORD in his sole discretion shall deem proper, and the OCCUPANT agrees to comply with such amendments within a reasonable time following notification of such amendments.
12. WASTE, QUIET CONDUCT, MAINTENANCE: OCCUPANT shall not commit, or allow to be committed, any waste upon the premises or in any building or property adjacent to the premises, nor shall OCCUPANT use the premises for any business use or purpose in any manner deemed by the LANDLORD to be disreputable or hazardous. The storage of welding, flammable, explosive or other inherently dangerous material is prohibited. OCCUPANT shall take good care of the premises, whether to the interior or exterior of the premises, necessitated or occasioned by the act or neglect of OCCUPANT or any agent of OCCUPANT or other person for whose acts OCCUPANT is responsible. OCCUPANT shall not cause or permit any hazardous substance or any highly corrosive, toxic, or pollutant type materials to be stored, used, generated, or disposed of within the self-service storage facility by OCCUPANT, OCCUPANTS AGENTS, EMPLOYEES or INVITEES. If hazardous substances are stored, used, generated, or disposed of within the selfservice storage facility, or if the premises become contaminated in any manner for which the OCCUPANT is legally liable, OCCUPANT shall indemnify and hold harmless the OWNER from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums paid for settlement of claims, attorney’s fees, consultant and expert fees, arising during or after the term of this agreement and arising as a result of that contamination by OCCUPANT. Without limitation of the foregoing, if OCCUPANT causes or permits the presence of any hazardous substance within the self-service storage facility and the presence of any hazardous substance results in contamination, OCCUPANT shall promptly, at its sole expense, take any and all necessary actions to return the self-service storage facility to the condition existing prior to the presence of such hazardous substance.
13. LOCKING DEVICE: At all times during the occupancy, the OCCUPANT will provide, at OCCUPANT'S own expense, a locking device for the premises that OCCUPANT, in OCCUPANT'S sole discretion, deems sufficient to secure the stored personal property. Although there may be a place on the door of the premises for a second locking device, OCCUPANT is only permitted to use a single locking device. LANDLORD has the right, as he deems necessary, or at the request of any governmental authority, to remove such locking device by cutting or any other means. In the event any authorized governmental agency or authority should demand access to OCCUPANT'S personal property for any reason, OCCUPANT will be notified, via certified mail. If LANDLORD or any authorized governmental agency removes OCCUPANT'S locking device, the LANDLORD may elect to secure the OCCUPANT'S personal property with LANDLORD'S overlock until the OCCUPANT can inspect the personal property and provide a new locking device to secure the premises. The LANDLORD or any authorized governmental agency shall not be held liable for the replacement of any locking device that is damaged by forced entry. When the OCCUPANT'S locking device is removed by LANDLORD or any authorized governmental agency, and LANDLORD'S overlock remains on the premises, said action does not constitute Bailment in any manner. This action by LANDLORD is a temporary measure until OCCUPANT can inspect and provide a new locking device to secure the stored personal property.
14. ABANDONMENT OF OCCUPANT'S PERSONAL PROPERTY: Any personal property that remains in or around the OCCUPANT'S premises after the expiration or termination of this agreement shall be deemed to have been abandoned and that the same has no monetary value, and such personal property may be retained by LANDLORD as their property or disposed of in such manner as LANDLORD may see fit. The LANDLORD may also deem, at LANDLORDS sole discretion, the personal property abandoned if the OCCUPANT removes the locking device from the premises. By contract the OCCUPANT is required to utilize a locking device at all times. If said abandoned property or any part thereof is sold, LANDLORD may receive and retain the proceeds of such sale and apply the same, at its option, against the expense of the sale, the cost of moving and storage, and any arrears of rent or additional rent payable hereunder and damages to which owner may be entitled. If the owner deems the personal property to have no saleable value; the LANDLORD may dispose of the personal property at OCCUPANT'S expense.
15. LANDLORD'S RIGHT OF ENTRY: OCCUPANT grants LANDLORD, LANDLORD'S agents or representatives of any authorized governmental authority, including police and fire officials, access to the stored personal property upon (3) days advanced written notice to the OCCUPANT. In the event of an emergency, LANDLORD, LANDLORD'S agents or representatives of any authorized governmental authority, including police and fire officials, shall have the right to enter the premises to take action as necessary or appropriate to protect the self-service storage facility, to comply with applicable law or to enforce the LANDLORD'S rights without advanced notice to OCCUPANT. An emergency, as used in this agreement shall be defined as any event which jeopardizes the health, safety and/or well being of the self-service storage facility and its customers or any appurtenant buildings, land or chattel stored within the self-service storage facility. Following the emergency the LANDLORD shall promptly notify the OCCUPANT that access to the premises was made so the OCCUPANT can inspect and provide a new locking device, if needed, to secure the stored personal property.
16. SALE OF CONTENTS: In the event of default in the payment of rent or other charges specified in this agreement or if LANDLORD determines the stored personal property abandoned by the OCCUPANT, the LANDLORD'S claim of lien shall be enforced in accordance with the Vermont Self-Storage Facility Act. Sec.2.9 V.S.A Chapter 98 or any other applicable Vermont law. Any sale or disposition of a motor vehicle shall be performed pursuant to chapter 21 of Title 23 and any sale or disposition of a vessel, snowmobile, or all-terrain vehicle shall be performed pursuant to chapter 36 of Title 23.
17. NO WARRANTIES: LANDLORD hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the self-service storage facility and OCCUPANT hereby acknowledges, as provided in article 8 on the reverse side, the OCCUPANT has inspected the premises and hereby acknowledges and agrees that LANDLORD does not represent or guarantee the safety or security of the self-service storage facility and the premises located therein or any personal property stored therein. This 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. No representative of LANDLORD is authorized to make any representations or warranties except as expressly set forth herein.
18. ACCEPTANCE OF PAYMENT OF RENT: The LANDLORD has the right to reject or accept any partial payment of rent. LANDLORD may accept a partial rent payment, while the OCCUPANT is in default, however the OCCUPANT'S status will remain in default from the date the payment in full was due, and any such payment on account will not constitute a waiver of LANDLORD'S rights to proceed with foreclosure and sale of the stored personal property as provided by Law. The LANDLORD reserves the right to require any past due payment be made in cash, cashier's check, or money order.
19. ASSIGNMENT: OCCUPANT shall not assign or sublease the premises or any portion thereof. Any attempt to assign or sublease shall be void.
20. ACCESS CONTROL MEASURES: This self-service storage facility utilizes various access control measures designed to deter unauthorized access to the self-service storage facility. However, OCCUPANT acknowledges these access control measures may be circumvented or may fail and the LANDLORD does not warranty or guarantee the effectiveness of the measures undertaken to prohibit unauthorized access.
21. SPACE SIZE: OCCUPANT understands advertised space sizes are approximate and for comparison purposes only. The space rented by OCCUPANT may be smaller or larger than advertised. The space is not rented by the square foot, and rent is not based on square foot measurements.
22. COVENANT OR CONDITION WAIVER: The waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition upon any subsequent breach of the same term, covenant or condition. Any subsequent acceptance of performance shall not be deemed to be a waiver of any preceding breach of any term, covenant or condition of this agreement, other than the failure to perform the particular duties subsequently accepted, regardless of knowledge of such preceding breach at the time of acceptance of such performance.
28. BANKRUPTCY AND OTHER LEGAL PROCEEDINGS: In the event the OCCUPANT should file a voluntary petition in bankruptcy or if the OCCUPANT becomes subject to any other type of legal action or proceeding where the right to occupy the premises is an issue, the OCCUPANT agrees to notify the LANDLORD in writing within three (3) days via certified mail return receipt requested to the address shown on the reverse side of this agreement. LANDLORD shall have the right to recourse against the OCCUPANT to the fullest extent allowed by law. The filing of bankruptcy does not automatically void this agreement.
23. ATTORNEY'S FEES, COSTS, AND THIRD PARTY COLLECTIONS: In the event any legal action is instituted, or other legal proceedings are taken to enforce any covenant herein contained or to recover any rent due or to recover possession of the premises for any default or breach of this agreement by OCCUPANT, OCCUPANT Shall pay LANDLORD'S reasonable attorneys' fees, costs and expenses. In the event of default OCCUPANT agrees that the LANDLORD has the right to provide a third party collections agency with the OCCUPANT'S contact information to collect rent and/or other charges incurred by the OWNER under this agreement. The OCCUPANT will also be responsible to pay any associated costs incurred by the LANDLORD with respect to the engagement of such third party collection agency.
24. SUCCESSORS: All the provisions shall apply to the heirs, executors, representatives, successors and assigns of the OCCUPANT and of the LANDLORD.
25. CONSTRUCTION: This agreement has been reviewed and negotiated and as terms and provisions explained to OCCUPANT. Accordingly, OCCUPANT agrees this agreement shall not be construed for or against either LANDLORD or OCCUPANT.
26. SEVERABILITY: In the event that any of the provisions or portions thereof of this agreement are held to be unenforceable, invalid, void or illegal, by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions or portions hereof shall not be affected or impaired thereby.
27. NOTICES: OCCUPANT agrees to give prompt written notice to LANDLORD of any change in OCCUPANT'S address and any change in the liens and secured interests on OCCUPANT'S stored personal property. Said written notice to the LANDLORD shall be. a) personally delivered to LANDLORD'S representative at LANDLORD’s office, b) by mailing the notice by certified mail, return receipt requested, with postage prepaid to the LANDLORD to the mailing address on the reverse side, or c) by mailing the notice first-class mail to the mailing address on the reverse side. If notification option "c" is chosen. then it is OCCUPANT'S duty to confirm receipt of notice with the LANDLORD, and verify that all applicable records have been updated.
28. VALUE LIMIT: OCCUPANT agrees not to store personal property with a total value in excess of $5,000.00 without prior written consent of LANDLORD, which consent may be withheld in LANDLORD'S sole discretion and, if such written consent is not obtained, the total value of OCCUPANT'S personal property shall be deemed not to exceed $5,000.00. OCCUPANT further agrees the maximum liability of LANDLORD to OCCUPANT for any claim or suit by OCCUPANT, including but not limited to any suit that alleges wrongful or improper foreclosure or sale of the contents of a storage space, is $5,000.00. Nothing in this section shall be deemed to create any liability on the part of the LANDLORD to OCCUPANT for any loss or damage to OCCUPANT'S personal property, regardless of cause.
29. EMOTIONAL LOSS: OCCUPANT agrees not to store collectibles, heirlooms, jewelry, works of art or any personal property having special or sentimental value to OCCUPANT. Nothing herein shall constitute any agreement or admission by the LANDLORD that OCCUPANT'S stored personal property has any value. LANDLORD shall not be liable for any loss occasioned by or resulting from emotional distress.
30. SUBORDINATION Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may request. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord shall reasonably require.
31. MEMORANDUM OF LEASE The parties hereto contemplate that the tenants Lease should not and shall not be filed for record, at Landlord’s option. Any attempted recording of this Lease by Tenant shall be considered a default by Tenant and shall be void.
32. COMPLIANCE WITH LAW Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises.
33. LANDLORD'S RIGHT TO SELL Landlord shall have the right to sell or transfer its interest in the Premises and Leased Space at any time. Upon any such sale, assignment, transfer or alienation the new owner shall succeed to all of Landlord's rights and obligations hereunder and Tenant shall be bound to the new owner to the same extent as it was bound to Landlord. Following such transfer Landlord shall be entirely freed and relieved of any further obligation or responsibility under this Lease. Within ten (10) days after request by Landlord, the Tenant agrees to deliver an "estoppel certificate" to any existing or proposed mortgagee or purchaser, or to Landlord, certifying (if such is the case) that this Lease is in full force and effect and that there are no defenses or offsets to this Lease, except for those specifically identified in the "estoppel certificate".