ADDITIONAL RENTAL CHARGES. Rent is delinquent on the day immediately following the Due Date. If rent is not received by Owner in full on or before the Due Date (whether due to nonpayment, partial payment, returned check, or other cause), Owner may subsequently, at its sole discretion, determine the applicability of and charge Occupant (and Occupant agrees to pay Owner) as additional rent, the following one-time, non-refundable administrative charges (Owner’s best estimate of its losses incurred as a result of Occupant’s failure to perform): a. Late rent charge (if rent is not paid in full by the close of business on the fifth (5th) day following the Due Date) of the greater of $20.00 or 20% of the monthly rent amount; x. Xxxx fee (if rent or any additional amounts owed are not paid in full on or before the thirty-first (31st) day following the Due Date) of $20; c. Dishonored payment charge (if any form of non-cash payment is defective or dishonored) of $20.00; d. Advertising charge of $25.00; e. Labor charges of $50.00 per hour (plus any actual costs not covered in this Section 6 which may be incurred by Owner in the process of executing the lien, including but not limited to reasonable alternative storage and lock removal costs); f. Inventory and sales fees as applicable; g. False alarm charge of $75.00 in addition to any police or other security response costs incurred during non-business hours. AT OWNER’S SOLE DISCRETION, PAYMENTS MAY BE APPLIED FIRST TO ANY ACCRUED ADDITIONAL CHARGES, AND THEREAFTER TO RENT AMOUNTS DUE. The receipt of a check shall not be considered payment to Owner unless and until the check is honored in full by the issuing bank. As noted above and in accordance with the provisions of the Storage Act, Occupant's property is subject to a lien, and Owner may take action to restrict Occupant’s access to the Space, Storage Facility and Property, move the Property to an alternate secure location, and sell the Property if rent or additional charges imposed by Owner in accordance with the terms of this Lease, the Storage Act and any other applicable Colorado law remain unpaid. The exclusive care, custody and control of the Property remain vested in Occupant, regardless of whether Owner exercises its statutory right to restrict or deny access to the Space or transfer the Property. In the event of satisfaction of the lien prior to sale, Owner shall have three (3) days thereafter in which to release the Property to Occupant. ALL PAYMENTS MADE TO SATISFY OUTSTANDING LIEN AMOUNTS AND CHARGES SHALL BE PAID BY CERTIFIED CHECK, CASH OR MONEY ORDER UNLESS ANOTHER METHOD OF PAYMENT IS EXPRESSLY AUTHORIZED BY OWNER. Any decision by Owner to delay either auction proceedings or the imposition of fees and penalties described in this Section does not preclude Owner from subsequently taking any and all action permitted under the Storage Act, other Colorado law and this Lease to enforce its rights in full. This Section does not limit Owner’s right to seek reimbursement of any additional costs incurred as a result of Occupant’s breach of any provision of this Lease. Any costs incurred by and fees owed to Owner by reason of Occupant's breach of any provision of this Lease will be deemed additional rent and may be demanded by Owner of Occupant at any time, or waived, all in Owner's sole and absolute discretion. USE, ACCESS, INSPECTION AND FACILITY RULES Occupant initial here:
Appears in 1 contract
Samples: Lease Agreement
ADDITIONAL RENTAL CHARGES. Rent is delinquent on the day immediately following the Due Date. If rent is not received by Owner in full on or before the Due Date (whether due to nonpayment, partial payment, returned check, or other cause), Owner may subsequently, at its sole discretion, determine the applicability of and charge Occupant (and Occupant agrees to pay Owner) as additional rent, the following one-time, non-refundable administrative charges (Owner’s best estimate of its losses incurred as a result of Occupant’s failure to perform):
a. Late rent charge (if rent is not paid in full by the close of business on the fifth tenth (5th10th) day following the Due Date) of the greater of of: (i) $10.00 if total monthly rent is $60 or less; (ii) $15 if monthly rent is $60.01-$99.99; (iii) $20.00 or 20if monthly rent is $100 to $133.33; and (iv) 15% of the monthly rent amountover $133.34;
x. Xxxx fee b. Pre-lien charge (if rent or any additional amounts owed are not paid in full by the close of business on or before the thirty-first fourteenth (31st14th) day following the Due Date) of $20;
c. Dishonored payment charge (if any form of non-cash payment is defective or dishonored) of $20.00;
d. Advertising charge of $25.00;
e. Labor charges of $50.00 per hour (plus any actual costs not covered in this Section 6 which may be incurred by Owner in the process of executing the lien, including but not limited to reasonable alternative storage and lock removal costs);
f. Inventory and sales fees as applicable;
g. False alarm charge of $75.00 in addition to any police or other security response costs incurred during non-business hours. AT OWNER’S SOLE DISCRETION, PAYMENTS MAY BE APPLIED FIRST TO ANY ACCRUED ADDITIONAL CHARGES, AND THEREAFTER TO RENT AMOUNTS DUE. The receipt of a check shall not be considered payment to Owner unless and until the check is honored in full by the issuing bank. As noted above and in accordance with the provisions of the Storage Act, Occupant's property is subject to a lien, and Owner may take action to restrict Occupant’s access to the Space, Storage Facility and Property, move the Property to an alternate secure location, and sell the Property if rent or additional charges imposed by Owner in accordance with the terms of this Lease, the Storage Act and any other applicable Colorado California law remain unpaid. The exclusive care, custody and control of the Property remain vested in Occupant, regardless of whether Owner exercises its statutory right to restrict or deny access to the Space or transfer the Property. In the event of satisfaction of the lien prior to sale, Owner shall have three (3) days thereafter in which to release the Property property to Occupant. ALL PAYMENTS MADE TO SATISFY OUTSTANDING LIEN AMOUNTS AND CHARGES SHALL BE PAID BY CERTIFIED CHECK, CASH OR MONEY ORDER UNLESS ANOTHER METHOD OF PAYMENT IS EXPRESSLY AUTHORIZED BY OWNER. Any decision by Owner to delay either auction proceedings or the imposition of fees and penalties described in this Section does not preclude Owner from subsequently taking any and all action permitted under the Storage Act, other Colorado California law and this Lease to enforce its rights in full. This Section does not limit Owner’s right to seek reimbursement of any additional costs incurred as a result of Occupant’s breach of any provision of this Lease. Any costs incurred by and fees owed to Owner by reason of Occupant's breach of any provision of this Lease will be deemed additional rent and may be demanded by Owner of Occupant at any time, or waived, all in Owner's sole and absolute discretion. USE, ACCESS, INSPECTION AND FACILITY RULES Occupant initial here:.
Appears in 1 contract
Samples: Lease Agreement
ADDITIONAL RENTAL CHARGES. Rent is delinquent on the day immediately following the Due Date. If rent is not received by Owner in full on or before the Due Date (whether due to nonpayment, partial payment, returned check, or other cause), Owner may subsequently, at its sole discretion, determine the applicability of and charge Occupant (and Occupant agrees to pay Owner) as additional rent, the following one-time, non-refundable administrative charges (Owner’s best estimate of its losses incurred as a result of Occupant’s failure to perform):
a. Late rent charge (if rent is not paid in full by the close of business on the fifth (5th) day following the Due Date) of the greater of $20.00 or 20% of the monthly rent amount;
x. Xxxx fee (if rent or any additional amounts owed are not paid in full on or before the thirty-first (31st) day following the Due Date) of $20;
c. Dishonored payment charge (if any form of non-cash payment is defective or dishonored) of $20.00;
d. Advertising charge of $25.00;
e. Labor charges of $50.00 per hour (plus any actual costs not covered in this Section 6 which may be incurred by Owner in the process of executing the lien, including but not limited to reasonable alternative storage and lock removal costs);
f. Inventory and sales fees as applicable;
g. False alarm charge of $75.00 in addition to any police or other security response costs incurred during non-business hours. AT OWNER’S SOLE DISCRETION, PAYMENTS MAY BE APPLIED FIRST TO ANY ACCRUED ADDITIONAL CHARGES, AND THEREAFTER TO RENT AMOUNTS DUE. The receipt of a check shall not be considered payment to Owner unless and until the check is honored in full by the issuing bank. As noted above and in accordance with the provisions of the Storage Act, Occupant's property is subject to a lien, and Owner may take action to restrict Occupant’s access to the Space, Storage Facility and Property, move the Property to an alternate secure location, and sell the Property if rent or additional charges imposed by Owner in accordance with the terms of this Lease, the Storage Act and any Actandany other applicable Colorado law Utahlaw remain unpaid. The exclusive care, custody and control of the Property remain vested in Occupant, regardless of whether Owner exercises its statutory right to restrict or deny access to the Space or transfer the Property. In the event of satisfaction of the lien prior to sale, Owner shall have three (3) days thereafter in which to release the Property to Occupant. ALL PAYMENTS MADE TO SATISFY OUTSTANDING LIEN AMOUNTS AND CHARGES SHALL BE PAID BY CERTIFIED CHECK, CASH OR MONEY ORDER UNLESS ANOTHER METHOD OF PAYMENT IS EXPRESSLY AUTHORIZED BY OWNER. Any decision by Owner to delay either auction proceedings or the imposition of fees and penalties described in this Section does not preclude Owner from subsequently taking any and all action permitted under the Storage Act, other Colorado Utah law and this Lease to enforce its rights in full. This Section does not limit Owner’s right to seek reimbursement of any additional costs incurred as a result because of Occupant’s breach of any provision of this Lease. Any costs incurred by and fees owed to Owner by reason of Occupant's breach of any provision of this Lease will be deemed additional rent and may be demanded by Owner of Occupant at any time, or waived, all in Owner's sole and absolute discretion. USE, ACCESS, INSPECTION AND FACILITY RULES and REGULATIONS 8. PERMITTED & PROHIBITED USE OF SPACE: Occupant's obligations of indemnity as set forth in Sections 16 and 18 herein specifically include any cost, expenses, fines or penalties imposed against Owner that arise out of either storage of materials or property (including Property) or conduct by Occupant, Occupant's agents, employees, invitees or guests in violation of any of the restrictions set forth in this Section. Occupant initial hereunderstands and agrees to the following restrictions on the Property and use of the Space:
a. Subject to any lien set forth in the Lien Addendum (attached only if Occupant checked the ‘Lien Addendum’ box in Section 1 above), Occupant warrants that the Property is wholly owned by Occupant.
b. Occupant shall not store antiques, artworks, heirlooms, collectibles or any property having special or sentimental value to Occupant, and hereby waives any claim for emotional or sentimental attachment to the Property.
c. Occupant agrees not to store Property with a total value more than $5,000.00 at any given time unless Occupant obtains prior written consent of Owner. Such consent may be withheld at Owner's sole discretion. If granted, such consent (and, in general, the provisions of this Section 8) shall not affect the release of liability covering the Released Parties in this Lease, nor constitute any admission that the Property has the value stated or has any value whatsoever.
d. Except as agreed under Sections 1 and 10 herein, and pursuant to the terms of the Vehicle Addendum (attached if Occupant checked the ‘Vehicle Addendum’ box in Section 1 above), Occupant shall not store any motor vehicle or vessel in Space without the prior written consent of Owner.
e. Occupant shall not conduct any activity in or around nor store any item or substance in the Space or at the Storage Facility which would result in the violation of any ordinance, statute, or regulation of any governmental agency having jurisdiction, or permit such actions to occur. Occupant is strictly prohibited from storing or using materials in the Space or at the Storage Facility which are classified as hazardous or toxic under any local, state or federal law or regulation, from storing goods contaminated by toxic substances or organisms, and from engaging in any activity on-site which produces such materials.
f. Occupant shall not use the Space or any part of the Storage Facility for the storage of illegal substances, perishable or food items, explosives, paint, varnish, thinner, gasoline and/or other highly flammable materials.
g. Neither the Space nor the Storage Facility shall be used for operation of any business, for manufacturing or production or for human or animal occupancy. No animals, other than service animals (as that term is defined in the Americans with Disabilities Act, 28 C.F.R. §§ 35.104 (2010)), and subject to the limitations set forth in §§ 35.136 of that act, shall be brought to the Space or Storage Facility.
h. Occupant shall not do or permit to be done any act which creates or may create a nuisance in connection with Occupant's use of the Space or presence at the Storage Facility. Trash or other materials shall not be left in or near the Space, or at any part of the Storage Facility other than in designated garbage receptacles. Trash and other materials that cannot be completely contained within designated garbage receptacles, and/or that might be considered noxious or offensive by other tenants, shall be removed from the Storage Facility by Occupant.
i. Subject to the further limitations regarding any modification to the Space set forth in Section 12 below, Occupant shall not make use of any electricity in the Space for refrigeration, heating or any other purpose whatsoever other than the single lighting fixture (if any) provided by Owner in the Space, which shall be used only for the purpose of lighting the Space when Occupant enters the Space, and Occupant shall turn off the light when leaving the Space.
Appears in 1 contract
Samples: Lease Agreement
ADDITIONAL RENTAL CHARGES. Rent is delinquent on the day immediately following the Due Date. If rent is not received by Owner in full on or before the Due Date (whether due to nonpayment, partial payment, returned check, or other cause), Owner may subsequently, at its sole discretion, determine the applicability of and charge Occupant (and Occupant agrees to pay Owner) as additional rent, the following one-time, non-refundable administrative charges (Owner’s best estimate of its losses incurred as a result of Occupant’s failure to perform):
a. Late rent charge (if rent is not paid in full by the close of business on the fifth (5th) day following the Due Date) of the greater of $20.00 or 20% of the monthly rent amount;
x. Xxxx fee (if rent or any additional amounts owed are not paid in full on or before the thirty-first (31st) day following the Due Date) of $20;
c. Dishonored payment charge (if any form of non-cash payment is defective or dishonored) of $20.00;
d. Advertising charge of $25.00;
e. Labor charges of $50.00 per hour (plus any actual costs not covered in this Section 6 which may be incurred by Owner in the process of executing the lien, including but not limited to reasonable alternative storage and lock removal costs);
f. Inventory and sales fees as applicable;
g. False alarm charge of $75.00 in addition to any police or other security response costs incurred during non-business hours. AT OWNER’S SOLE DISCRETION, PAYMENTS MAY BE APPLIED FIRST TO ANY ACCRUED ADDITIONAL CHARGES, AND THEREAFTER TO RENT AMOUNTS DUE. The receipt of a check shall not be considered payment to Owner unless and until the check is honored in full by the issuing bank. As noted above and in accordance with the provisions of the Storage Act, Occupant's property is subject to a lien, and Owner may take action to restrict Occupant’s access to the Space, Storage Facility and Property, move the Property to an alternate secure location, and sell the Property if rent or additional charges imposed by Owner in accordance with the terms of this Lease, the Storage Act and any Actandany other applicable Colorado law Utahlaw remain unpaid. The exclusive care, custody and control of the Property remain vested in Occupant, regardless of whether Owner exercises its statutory right to restrict or deny access to the Space or transfer the Property. In the event of satisfaction of the lien prior to sale, Owner shall have three (3) days thereafter in which to release the Property to Occupant. ALL PAYMENTS MADE TO SATISFY OUTSTANDING LIEN AMOUNTS AND CHARGES SHALL BE PAID BY CERTIFIED CHECK, CASH OR MONEY ORDER UNLESS ANOTHER METHOD OF PAYMENT IS EXPRESSLY AUTHORIZED BY OWNER. Any decision by Owner to delay either auction proceedings or the imposition of fees and penalties described in this Section does not preclude Owner from subsequently taking any and all action permitted under the Storage Act, other Colorado Utah law and this Lease to enforce its rights in full. This Section does not limit Owner’s right to seek reimbursement of any additional costs incurred as a result because of Occupant’s breach of any provision of this Lease. Any costs incurred by and fees owed to Owner by reason of Occupant's breach of any provision of this Lease will be deemed additional rent and may be demanded by Owner of Occupant at any time, or waived, all in Owner's sole and absolute discretion. USE, ACCESS, INSPECTION AND FACILITY RULES and REGULATIONS 🡪 Occupant initial here:
Appears in 1 contract
Samples: Lease Agreement
