Vehicle Lease - Store & More of Clear Springs
VEHICLE, TRAILER OR BOAT SELF-STORAGE RENTAL AGREEMENT
(Use for all self storage of motorized and/or recreational vehicles, trailers, boats and boat motors)
1. TENANT INFORMATIONTenant Name: Street Address 1: Employer's Name:
Drivers License/State: / Telephone (Home): Telephone (cell): Work Phone: E-Mail: The above address or Tenant’s email address provided will be used for all written notices to Tenant unless Tenant gives written notice of change to Lessor.
2. TENANT INFORMATIONAre you or your spouse in the Military/Reserves at the time of signing this Agreement
in the reserves, National Guard, or Texas State Guard on active duty.
ALTERNATE ACCESSTenant authorizes Lessor, at Lessor’s option, to provide Tenant’s space number(s), access code, account status, or assistance with lock removal to persons listed below.
EMERGENCY CONTACT INFORMATIONList name, address, and phone of person(s) who may be contacted in an emergency. (Do not list an individual living with you.)Unless tenant states otherwise in paragraph6, Lessor may at Lessor’s option allow such person(s) or Tenant’s brother, sister, spouse, parent, child over 18 or estate executor to have access to Tenant’s space if such person signs an affidavit that Tenant is deceased, incarcerated, permanently missing or permanently incapacitated. Lessor may discuss Tenant’s account with any such persons at any time.Contact Name: Street Address: City/State/Zip: Phone:
Tenant agrees to immediately notify Lessor of changes in Tenant’s mailing address, email, phone number, or other information provided by Tenant. Except as provided in paragraph 33, a change of mailing or email address will not be effective unless the new address is COMPLETE and the notice is mailed, faxed, or emailed to Lessor’s address stated herein in WRITING and SIGNED and DATED by Tenant and actually RECEIVED by Lessor. See also paragraph 33.
3. TENANTS SPACE.Space Number:
Approx. Size (exact dimensions may vary):
Minimum Lease Term: 1 Month
Charge for overlocking Tenant's space or chaining/booting property when authorized by paragraphs 24(2) of 32(f)
Monthly Rental Due Day
1st of the month
Charge for sending statutory notice of claim for unpaid sums
Initial late charge if not received by day 4 after due date.
Charge for newspaper ad of sale (to cover time, inconvenience, and ad costs)
Subsequent late charge if rent not received by day 00 after due date
Charge for conducting foreclosure sale at public auction for nonpayment
Returned payment charge (including bank charges, mail costs, time and overhead)
Charge for returned mail (not providing address change)
Charge for having to judicially evict Tenant (to cover time and inconvenience, but does not include attorneys' fees or court costs)
Charge for locking space when unlocked or improperly locked.
Charge per day if Tenant fails to lock after 7-day notice
Charge per hour for removing or cleaning when Tenant litters or fails to clean, remove items, or vacate --- paragraphs 10, 37, and 38(c)
Charge for removing Tenant's lock when authorized by paragraphs 18, 19, 24 and 32
5. PAYMENTS AND NOTICES.
Special rules for inside storage of vehicles
Additional stored vehicle addendum
Forms for change of Tenant contact information
EFT/credit/debit authorization form
Insurance application (Tenant option) Move-out notice (form)
Spanish copy of lease (informational only)Other__________
Over the value limit addendum
VEHICLE TRAILER OR BOAT INFORMATION.
Description of item stored (boat, trailer, vehicle):
Vehicle/Hull/ Motor Identification number or Serial Number:
License Plate Number (for vehicle or trailer):
TX# for Boats:
Name of Registered Owner (if not tenant):
NOTICE TO TENANT AND RELEASE
Rent is due in advance on the due date specified in paragraph 4. Rent paid after the late charge date(s) in paragraph 4 will result in late charges. Tenant will furnish own lock. NO REPRESENTATIONS OF SAFETY OR SECURITY HAVE BEEN MADE TO TENANT BY LESSOR OR LESSOR'S AGENTS. TENANT HEREBY RELEASES LESSOR AND LESSOR'S AGENTS FROM LIABILITY FOR ALL LOSS, DAMAGE OR CAUSE OF ACTION OF ANY NATURE, INCLUDING BODILY INJURY AND DAMAGE TO PROPERTY STORED IN OR TRANSPORTED TO OR FROM TENANT'S SPACE -- REGARDLESS WHO OWNS SUCH PROPERTY AND REGARDLESS WHETHER THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR PART BY FIRE, SMOKE, DUST, WATER, WEATHER, INSECTS, VERMIN, EXPLOSION, UTILITY INTERRUPTION, EQUIPMENT MALFUNCTION, UNEXPLAINED DISAPPEARANCE, NEGLIGENCE OF LESSOR OR LESSOR'S AGENTS, THEFT BY OTHERS, OR ANY OTHER CAUSE.
Tenant will self-insure or obtain insurance for all losses and damages as required by paragraph 20.
X Tenant's Initials:
This rental agreement is unenforceable and voidable at Tenant's option if at the time of execution, Lessor's facility was not licensed by the Texas Self Storage Association (TSSA) to use the rental agreement. TSSA can verify whether the facility was so licensed on the date of execution if the front page of the rental agreement is faxed to TSSA at (512) 374-9253 or emailed to firstname.lastname@example.org.
1. Lessor may terminate this Agreement by providing written notice to Tenant 15 days in advance of termination. If the space is substantially damaged due to fire, windstorm, or other casualty in Lessor's sole judgment, Lessor may terminate this Agreement by emailing, mailing or hand delivering 5 days advance written notice of termination to Tenant. Lessor may terminate this Agreement sooner under paragraphs 24(4) and/or 25. Tenant may not holdover after termination of possession or termination of the lease by Lessor.
If a written notice to Lessee is returned to Lessor due to Tenant's failure to notify Lessor of a change in Tenant's mailing address, Lessee will pay the charge in paragraph 4(f). The charge is limited to a one-time charge per each unchanged address. Lessor has no duty to place a lock on Tenant's space. But if the Tenant's space is lockable and has no lock on it and Lessor locks it with Lessor's lock, Tenant will pay for the reasonable cost of the lock and for the locking charge in paragraph 4(g); and Tenant will pay the daily failure-to-lock charge in paragraph 4(h), commencing 7 days after such notice is provided by Lessor to Tenant and continuing until Tenant's lock is on the space. Such Lessor action does not create a bailment or constitute care, custody, or control.
Tenant inspected or had the right to inspect the space and the facility before signing this Rental Agreement. Tenant accepts same -- including existing access controls, lighting, construction design or quality, and fences/ gates, or lack thereof. Lessor does not promise safety or security of persons or property on the premises, and Lessor has no duty of safety or security of same under any circumstances. Video cameras may be non-operational or unmonitored. Access control devices may be unmonitored and may occasionally malfunction. Tenant is not relying on any oral or written representation, statement, or other assertion or omission made by Lessor or Lessor's agents relating to the space and facility. Instead, Tenant is relying on Tenant's own inspection and this written Rental Agreement. If your unit is climate controlled, climate controlled for the purposes of this lease means that Lessor will use reasonable efforts to avoid temperature extremes in a unit by keeping the unit warmer than the outside temperature in cold weather, and cooler than the outside temperature in hot weather, through an HVAC or other system. As with any mechanical system, it is subject to failure or malfunction. The facility makes no representations regarding humidity control or safety of contents stored in the unit.
Lessor may remove Tenant's lock(s) and relocate all contents elsewhere in the facility if: (a) Lessor has authority to enter under this paragraph, AND (b) Lessor has either seized the contents for foreclosure or has reasonably determined that relocation is needed to protect the contents or space from loss or damage from casualty or theft. Lessor will pay labor costs of relocation and Tenant will pay for new lock. If Lessor relocates and stores property found in Tenant's space as authorized above, Tenant will no longer be liable for rent under paragraph 4(a) but will be liable for reasonable storage charges not exceeding the rent in that paragraph. If Tenant's lock is removed under this paragraph or under paragraphs 19 or 24(6), Tenant will pay the lock removal charges under paragraph 4(i). Tenant will continue to have access to relocated property except when in default. If contents are relocated pursuant to this paragraph, this lease shall automatically be deemed amended to reflect the replacement space number.
The vehicle(s) may be moved without notice to Tenant for emergency situations. "Emergency" shall be defined as any event which jeopardizes the health and safety and/or well-being of any person or the Facility or any of the buildings or land appurtenant to the buildings or any property or personal property stored by any Tenant at the Facility.
WITHOUT LESSOR'S WRITTEN PERMISSION, TENANT WILL NOT STORE PROPERTY THAT HAS AN AGGREGATE VALUE OF OVER $5,000 FOR NON-VEHICLES OR $20,000 FOR VEHICLES OR THAT MAY CAUSE EMOTIONAL DISTRESS OR CONSEQUENTIAL DAMAGES IF IT WERE MISSING, STOLEN, OR DAMAGED. TENANT WILL PURCHASE FIRE, THEFT, AND CASUALTY INSURANCE ON ALL OF TENANT'S PROPERTY IF ITS VALUE EXCEEDS $1,000. Dollar cap includes vehicle contents. The purpose is to protect Tenant, other tenants, Lessor and others in the event of loss by theft, damage, fire, flood, explosion, natural disaster, or other harm caused by weather, accident, or negligence of such parties or their animals.
TENANT WILL SELF-INSURE ALL CONTENTS NOT COVERED BY TENANT'S INSURANCE. Self-insurance means that Tenant will bear the entire risk of loss in the event of damage or loss to such contents from crime, casualty, or other harm or loss listed above. Lessor does not and legally cannot carry insurance on the contents of Tenant's space.
If Lessor has sent statutory notice of claim for unpaid sums, Tenant is liable for Lessor's charge for same under paragraph 4(k). In addition to statutory requirements of notice of claim and advertising/posting, Lessor may provide to Tenant a notice of date, time, and place of sale. If foreclosure procedures are commenced, Tenant will be liable for newspaper ad charges in paragraph 4(l) and foreclosure sale charges in paragraph 4(m). At foreclosure sale, all contents in the space may be sold item-by-item, in batches, or by the entire space, at Lessor's option. If a creditor of Tenant has a lien on property in the space and if the lien is recorded with the Texas Dept. of Motor Vehicles, or Texas Dept. of Parks and Wildlife, Lessor may, upon payment by the creditor of all sums due by Tenant within the time period described by Texas Property Code Section 59.0445, turn over possession of such property to the creditor.
If the space has been "abandoned" as defined above, Tenant relinquishes all rights to contents in the space; and Lessor may remove any lock, and enter, remove, and/or dispose of all contents. Unless the space has been "abandoned" or there has been a judicial eviction, Lessor may not dispose of any of its contents except by: (a) exercising the lien seizure and sale procedures of Chapter 59, Texas Property Code; or (b) entering in an "emergency" under paragraph 18 or allowing entry by a health or law officer under paragraph 19, and throwing away property which, in the good faith judgment of Lessor or such officer, is an imminent danger or health hazard under paragraph 18.
Tenant waives all insurance subrogation rights and releases Lessor from all liability for all claims covered by Tenant's insurance. Tenant's insurance carrier for property stored in Tenant's space or in the facility will not be subrogated to any claim of Tenant against Lessor or Lessor's officers, employees, or agents.
Lessor's employees and agents are not allowed to do work for Tenant; and if they do so at Tenant's request, they are not agents of Lessor; and Tenant will hold Lessor harmless from any resulting damages.
Lessor may change any part of this Agreement, including rental rate, due date, late charge dates, and charges listed in paragraph 4 by hand delivering to Tenant or providing written notice to Tenant via any method of written contact provided by tenant (as updated by Tenant according to paragraphs 2 and 33) at least 30 days prior to the effective date of the changes. If Lessor follows such notice procedure, this Agreement will automatically continue thereafter on a month-to-
month basis, until the revised rental agreement is terminated by either party (paragraph 9); and such revised rental agreement, including any rental increases and other changes, will not require Tenant's signature to become effective.
Time is of the essence. Texas law applies. Tenant expressly waives any notice or demand for performance by Lessor and (2) any opportunity to cure by Tenant on any matter. Except in suits filed by Lessor for eviction, rent, lien foreclosure, and/or charges under paragraph 4, mediation before filing any suit is required. Any trial will be to the court only; and all parties waive jury trial. Omission of initials does not invalidate this Agreement. Facsimile and electronic signatures are binding. Invalidity of one part of the Agreement does not invalidate the entirety. Payment of all sums is an independent covenant.
Notice from or to multiple Tenants is notice from or to all Tenants on this Agreement. Except in lawsuits involving personal injuries, the prevailing party shall recover attorneys' fees and litigation costs from the non- prevailing party. Tenant will reimburse Lessor for all attorneys' fees and litigation costs incurred by Lessor in (1) defending or responding to third party actions or requests to recover property stored in Tenant's space or (2) clarifying whether a court order regarding Tenant's space applies to Lessor. Unpaid sums bear 18% annual interest from due date, compounded annually. This Agreement is subordinate to all facility mortgages and is binding on the parties' successors. All persons signing this Agreement represent they have authority to legally sign for the party they claim to represent. Notices and documents must be in English or, at Lessor's option, in any language that Tenant reads or speaks. Notices required by law must be given in a manner allowed by law, but nothing shall prevent Lessor from providing those notices via additional means of communication. Lessor may provide notice to or otherwise contact Tenant relating to Tenant's lease by any means available, including phone, text, email or other methods. Email, mail, text, fax or other electronic methods shall all be considered written notice for purposes of this lease. Notice shall be deemed to have been provided by mail when deposited in the mail to the Tenant's last address provided by the Tenant or to an address used by a Tenant in communications with Lessor, or by email, fax, text or other methods when sent to an address or number provided by the Tenant or used by the Tenant in communications with Lessor.
RULES AND POLICIES
Tenant agrees the Premises shall be used solely for the purposes of storage of the Vehicle(s) identified in this Rental Agreement and that no other car, truck, trailer, RV or other Vehicle shall be stored or left in the Premises while Tenant is using the Vehicle(s). Lessor does not have information necessary and required for the parking of other vehicles in Tenant's space and therefore any unauthorized vehicle will be treated as trespassing and may be towed, removed, overlocked, chained or booted. Tenant agrees specifically that it shall not use the Premises for the storage of any gas or other fuel, oil, grease, or other lubricant, except for those contained in the operating parts of the Vehicle(s). The storage of extra tires, batteries or other accessories is strictly prohibited and constitutes a default under the Rental Agreement. Tenant agrees to store the Vehicle(s) with the amount of gas stated in the Rules for Storage attached to this Rental Agreement. Tenant is required to shut off all valves to LP gas, propane and butane tanks during storage. Further, the Premises may be used and occupied only for the purpose of storing the Vehicle(s) owned by Tenant. Tenant shall keep the Premises in a clean and sanitary condition, free of rubbish, liquid waste or refuse. Tenant shall not store in the Vehicle(s) or the Premises any animals, food, animal feed (including seed); explosives, highly-flammable, dangerous, hazardous or toxic materials or substances; contraband or illegal substances; or use of the Premises for any other unlawful purpose of any kind. Tenant shall not, under any circumstances, reside in the Vehicles(s) while it is stored at the Premises for any length of time.
In the event Tenant either fails to park in its assigned space, parks "across the parking stripe," or parks in a manner other than as directed by Lessor, by which Tenant blocks ingress or egress of other tenant(s), Lessor or Lessor's agents, then Lessor shall have the following additional rights:
Tenant agrees to notify Lessor immediately, if upon return to the Facility Tenant finds its Premises occupied by another vehicle or unusable. Tenant agrees that so long as Lessor provides alternative arrangements for parking/storing the Vehicle(s) until the unusable condition is resolved, this condition shall not constitute a default by Lessor under this Agreement. Tenant agrees that if its Premises are unusable for any reason at any time, Tenant will park in designated overflow parking until Tenant is notified by telephone or in writing by Lessor that Tenant's Premises are available again. Tenant agrees within five days of being notified by Lessor to return to the Facility and place his/her Vehicle(s) in the Tenant's Premises. If Tenant fails to move its Vehicle(s) to its Leased Premises within five (5) days of being notified by Lessor, this shall result in a per-day charge for inconvenience, time and other expenses to Lessor, including lost revenue, in an amount prescribed in Paragraph 4(h) above. Additional rules regarding checking in and out of Vehicles if they are going to the gone for an extended period of time, if applicable, are included in the Rules & Regulations of this Rental Agreement.
Signature of Tenant or Tenant's authorized agent (and title if any)Printed name of individual signing
Facility name and address are shown below. Facility name is actually or assumed name of Lessor. Mailing address for all payments and notices to Lessor is the facility address unless a different mailing address is shown below. Lessor's phone number and fax number (if any) and email address (if any) are also shown below.
Driver's license of individual signing: State : Email address: Other ID if no driver's license Vehicle License: state and number:
Store & More of Clear Springs 1545 S. State Highway 46 New Braunfels, TX 78130 Phone: 830-355-3047 Email Address: Info@storeandmoreofclearsprings.com
Texas Property Code Chapter 59 governs the Self-Storage Lien process.
A copy of the statute can be found at www.capitol.state.tx.us
A copy may also be accessed from the Texas Self Storage Association website: www.txssa.org
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Document Name: Vehicle Lease - Store & More of Clear Springs
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