VanVoorhis Storage LLC
3 Ackerman Rd. Morgantown, WV 26508
VanVoorhis Storage LLC, 3 Ackerman Rd.; Morgantown, WV 26508 (Owner), hereby grants to the User (named on reverse side) the use of the premises described on the reverse side (unit) for the term and on the following conditions as herein stated. The reverse listed information is incorporated herein. For the purposes of this agreement, all real and personal property located at the Owner’s address as checked on the reverse side shall be defined as (Premises). Pursuant to West Virginia Code Section 30+1 et sect, the Owner has a self storage lien on all personal property stored within the unit for unpaid rent, labor or other charges or expenses reasonably incurred in its sale or destruction all all personal property stored within the unit may be sold to satisfy the self storage lien or destroyed if the value of property will not reasonably discharge the costs of the sale and the storage lien.
1. ACCESS: User may place a lock on the access to the unit. User may have access to the unit during posted hours. Owner will not be responsible for acts of User, or other parsons entering premises under User’s authorization.
2. FEE: User agrees to pay the fee, for the term stated, at the premises. Each month’s fee will be paid in advance or prorated in the case of first month’s fee. Cleaning fees will be paid at time of execution of this agreement and will be refunded to User when unit is vacated if unit is returned to Owner empty of all items and broom clean. User will be charged a late fee not to exceed ten dollars ($10.00) or ten percent (10%) of the monthly rental fee, whichever is greater, for each month the user defaults for a period of fifteen (15)days or more. If Owner should accept a check for fee, then the following shall be deemed a term and condition of this agreement: if the check is returned or refused by any bank for whatsoever reason, the Owner shall have the right to apply, to the fees charged herein, a penalty& 810.00. Owner reserves the right to demand cash, cashier’s check or a valid money order in lieu of any check tendered by User,
3. USE AND COMPLIANCE WITH LAW: The unit shall be used for no unlawful purposes and will be kept in good condition. No property shall be stored in the unit unless User ‘legally has the right to have that property in his possession. User may from time to time during the duration of this agreement place in the unit personal or commercial properties, but it is expressly agreed that Owner is under no duty to maintain any records of contents no placed. Owner is not engaged in the business of storing goods for hire nor the warehouse business, but is just an Owner providing a unit for hire. The storage of welding equipment or flammables, explosive, or other inherently dangerous material is prohibited. User shall not store in the unit any items which shall be in violation of any order er requirement imposed by the Board of Health, Sanitary and Police Departments or other appropriate governmental bodies or do any act or cause to be done any act which creates or may create a nuisance in or upon the premises during the term of this agreement or any renewal or extension thereof. The User shall not store hazardous waste or contraband in the unit.
4. PROHIBITIONS: User will not: (a) do any painting or decorating in the unit or mark, paint, cut or drill info, drive nails or screws into, or in any way deface any part of the unit or premises without the written consent of owner..(b) Make installations, alterations or additions to the premises. (c) Assign this agreement. (d) Erect signs or other advertising material. (e) Operate any electrical device in the unit without written consent of owner.
5. OWNER’S RIGHT TO ENTER, INSPECT AND REPAIR THE UNIT: User agrees that Owner or Owner’s representatives shall have the right without notice to enter into and upon the unit for the purposes of examining the same for lease violations or condition thereof or making repairs or alterations thereto. Owner reserves the right to remove contents to another unit.
6. NON-LIABILITY OF OWNER AND INSURANCE OBLIGATIONS OF USER: OWNER CARRIES NO INSURANCE IN WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT USER MAY HAVE IN THE UNIT OR PREMISES AND HENCE USER MUST OBTAIN ANY INSURANCE DESIRED AT HIS EXPENSE. OWNER STRONGLY RECOMMENDS THAT USER SECURE HIS OWN INSURANCE TO PROTECT HIMSELF AND HIS PROPERTY AGAINST ALL PERILS. OWNER SHALL NOT BE LIABLE FOR PERSONAL INJURIES OR PROPERTY DAMAGE, OR LOSS FROM THEFT, VANDALISM, FIRE, WATER, HURRICANE, RAIN, EXPLOSION, OR ANY OTHER CAUSES WHATSOEVER.-OWNER SHALL NOT BE LIABLE TO USER OR USER’S INVITEES, FAMILY, EMPLOYEES, AGENTS, OR SERVANTS FOR ANY PERSONAL INJURIES OR DAMAGE TO PERSONAL PROPERTY CAUSED BY ANY ACT OF NEGLIGENCE OF ANY OTHER PERSON ON SAID PREMISES. USER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE OWNER FROM AND AGAINST ANY AND ALL CLAIMS FOR DAMAGES TO PROPERTY OR PERSONAL INJURY AND COSTS INCLUDING ATTORNEY’S FEES ARISING FROM USER’S USE OF THE UNIT OR PREMISES. USER MUST TAKE WHATEVER STEPS ARE NECESSARY TO SAFEGUARD WHAT IS ON OR IN THE SPACE.
7. DEFAULT, OWNER’S REMEDIES AND LIEN: In compliance with West Virginia Code Section 38-14-5, Enforcement of self-service storage lien. Time is of the essence in the performance of this agreement and in the payment of each and every lien and charge hereby covenanted to be paid. If any fee or charge shall be due and unpaid, or if User shall fail or refuse to perform any of the covenants, conditions or terms of this agreement, User shall be conclusively deemed in default in the performance of this agreement. In addition to such liens and remedies provided by law to secure and collect fees, and cumulative therewith, Owner is hereby given a lien upon User’s Property, new or at any time hereafter, stored in said unit to secure the timely performance of this agreement by User and to secure the payment of all fees, charges and costs incident to User default. In case of default by User, Owner, at its option may (a) terminate this agreement, or (b) re-enter, seize and or take possession-of said property for arrears of fees or breach of covenant or by reason of abandonment, without being deemed guilty of any manner of trespassing or conversion, and without prejudice to any remedies of Owner. At the time of such re-entry and seizure the Owner shall give notice in writing thereof to User at the address of User indicated on the reverse or at such address as User shall hereafter designate in writing to Owner. Such notice shall be by regular mail and shall be deemed received by User when deposited in the United States mail, postage prepaid, addressed as described above. At any time after THIRTY (20) days from the date of giving such notice, the Owner may sell said property at public or private sale. In the event proceeds of the sale are greater than necessary to pay his lien, including accrued and unpaid fees, charges, appraisal, moving, storage, and expenses of collection, re-entry and sale, the balance shalt he paid to User at the address described above. Notwithstanding anything to the contrary herein, User expressly grants the right of disposition, disposal and destruction of any personal property including, but not limited to, all papers, pictures and documents.
8. HOLDING OVER: In the case of holding over by the User after the expiration of any stated term, without written agreement, such holding over will be construed to be a renewal from month-to-month.
9. CHANGE OF TERMS: All terms of this agreement, charges and conditions of occupancy are SUBJECT TO CHANGE upon THIRTY (30)days prior written noose to User. If changed, the User may terminate this agreement on the effective date of the change. If User does not elect to terminate this agreement, the change shall become effective and apply to this agreement.
10. ENTIRE AGREEMENT CLAUSE: This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. No amendment, or alteration of terms hereof shall be binding unless the same be in writing and appear under paragraph ‘Additional Provisions’ on the reverse side.
NOTICES: Notices shall be in writing, and shall be deemed to be delivered, whether actually received or not, when deposited in the United States Mail, postage prepaid, addressed as described on the reverse side or at any new address provided in writing to the Owner subsequent to the execution of this agreement.
This agreement is being delivered and is intended to be performed in the State of West Virginia, and shall be construed in accordance with the laws of such state.