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Terms - Conditions
Port Sanilac Storage - Terms and Conditions
Port Sanilac Storage - Schommer Developments, Inc. Terms of service All monthly rental payments are due and payable on the first of each month. Payments not received on or before the 1st. of the month are late. Late payments shall, at Lessor's sole discretion, constitute a breach of the terms of this lease, and shall give Lessor the right to institute eviction proceedings against Lessee. Payments not received by Lessor on or before the 1st of the month will incur a charge of $5.00 in addition to the amount due to cover the cost of the actions described in the Paragraph on DEFAULT. All checks should be made payable to: Schommer Developments, Inc. P.O. Box 331 Port Sanilac, MI 48469 A charge of $15.00 will be imposed for any checks returned by Lessees Bank unpaid. 2. INSUREANCE AND CARE OF PERSONAL PROPERTY: Lessor will carry insurance only on the building in which the rental unit is located. It shall be the Lessee's responsibility to secure and pay for any and all insurance desired on Lessee's property stored in the rental unit. Failure by Lessee to secure desired insurance shall not give rise to any presumption of insurance by Lessor or to any Liability of Lessor for damage to or loss of Lessee's property 3. USE OF PREMISES: Lessee shall not use the rental unit for any purpose except the storage of merchandise or other personal property belonging to Lessee. Lessee shall not permit or cause the premises to be used for the storage of property of merchandise deemed to be extra hazardous on account of fire. Property shall be considered Òextra hazardousÓ if it is highly flammable, explosive, dangerous, perilous or harmful to the rental unit, or surrounding property of persons. Gasoline powered vehicles and equipment may be stored provided fuel tanks are empty. 4. CARE OF PREMISES: Lessee shall use the premises only for the purpose intended and shall not permit or cause damage thereto, and shall, at his/her own expense make repairs to the premises resulting from Lessee's use. At the end of the Lease term, Lessee shall deliver possession of the rental unit to the Lessor in the same order and condition as existed at the beginning of the Lease term, ordinary wear and tear excepted. 5. ASSIGNMENT: Lessee shall not assign this lease or sublet the rental unit without the written approval of Lessor. 6. RENEWAL: It is hereby agreed that this lease shall terminate on the date indicated and that the Lessee shall vacate the rental unit on or before the termination date. Prepaid rent, at the then prevailing rental rate, received on or before the 20th day of the last month for which rent has been paid automatically renews this lease for the following month. If Lessee shall occupy the unit beyond the termination date, and shall not have prepaid the rent, Lessee specifically aggress to pay to the Lessor rent at the prorated amount from the termination date hereof to date of vacation. 7. DEFAULT: In the event that Lessee fails to pay rent when due, Lessor shall send (4) notices to Lessee demanding payment before the contents of Lessee's storage unit are placed up for auction as provided below. Lessee herby agrees that Lessor may impose a charge of $5.00 per notice to cover the cost of preparing, recording and mailing of said notices. These charges shall be in addition to the charge described in Paragraph 1 above. In the event of default by Lessee in payment of any rent due under the terms of this lease, or in performance of any covenants or conditions contained herein, Lessor shall have the right to pursue any and all remedies available under the Laws of the State of Michigan, County of Sanilac, Village of Port Sanilac, Lessor specifically reserves the right to lock the Lessee out of the rental unit on the 2nd day of any month for which a rental payment is due and not paid. Lessee shall not be permitted to enter the rental unit until all charges and rentals have been paid. Lessor reserves the right to enter the rental unit, at its sole discretion, (1) to insure the safety and security of their tenants or the Lessor's property, or (2) on the first day of the month following any month in which Lessee is delinquent in any rental payment, without in any way being guilty of trespass. Should Lessor enter the rental unit because Lessee is in default, Lessor shall have the right to place the merchandise or goods found therein for sale at auction of said merchandise or goods to the highest bidder and apply the proceeds of said sale to any unpaid rent or charges with any balance being returned to Lessee. Further, Lessor shall have a lien as security on al goods, merchandise, implements, vehicles, or other personal property stored in the rental unit for the amount of the delinquent rent. Lessee herby agrees to hold Lessor harmless for any action taken by Lessor or its agent, representatives or employees. 8. LAWS Lessee agrees to abide by and conform to any and all laws of the Village of Port Sanilac, County of Sanilac, and State of Michigan applicable to the rental unit. Lessee further aggress to fulfill all orders requirements and directions imposed by and regulatory body or agency having jurisdiction over the rental unit, for the correction, prevention and abatement of nuisances in or upon or connected with said premises during the Lease term, at Lessee's expense. It is the intent of the parties that the individual provisions of this lease shall be severable and that illegality of invalidity of any provision shall not affect the legality or validity of the remainder of the provisions of this lease. 9. DAMAGED PREMISES: Lessee, in case of fire or any other type of casualty resulting in damage to the demised premises, shall give immediate notice to Lessor of such occurrence. The Lessor shall then have the option of either repairing the resulting damage or terminating this Lease and not repairing the damage. Lessor, shall give written notice to Lessee of its decision to either repair the damage or terminate the Lease within one (1) week of its having been notified by Lessee of the fire of casualty. If Lessor decides to repair the leased premises, it shall do so as expeditiously as possible after having notified Lessee of its decision to do so, and if, in the sole opinion of Lessor the demised premises have been rendered untenantable by the fire of other casualty, then Lessee's obligation to pay rent shall abate during the period of the repair and restoration of the damaged premises: provided always however, that Lessee shall be liable for damage to the rental unit caused by fire or other casualty or event due to Lessee's willful or negligent act and in such event Lessee's obligation to pay rent shall not abate during the period of repair or restoration of the rental unit. 10. IMPROVEMENTS: All alterations, additions and improvements put in, whether at the expense of the Lessor or Lessee, shall at the sole discretion of the Lessor, be the property of the Lessor and shall remain upon and be surrendered with the rental unit as a part thereof at the end of other expiration or termination of this Lease. Lessee agrees to accept possession of the rental unit in its present condition and agrees that no improvements or alterations shall be made by Lessee in or to the rental unit without the written consent of Lessor. 11. LIABILITY: Lessor shall not be liable to Lessee or to lessee's employees, patrons, visitors or licensees for any damage to persons or property caused by the act of negligence of any other tenant of the building or buildings of which the rental unit is a part, or due to the rental unit being or becoming out of repair, nor for any damages from the want of repair of any part of the building of which the rental unit is a part. Lessee accepts the rental unit as suitable for the purposes for which the same is leased and accepts the rental unit and each and every appurtenance thereof and waives patent defects therein and aggress to hold the lessor harmless for all claims for any damage. Lessor shall not be held liable for loss of damage to contents of rental unit as a result of break-in or vandalism. Upon discovery of such break-in or vandalism, Lessor shall secure the rental unit and notify Lessee within 24 hours of such event. It shall be Lessee's responsibility to notify the local Police Department and his own insurance company of any loss or damage to his property. 12. BANKRUPTCY: In the event Lessee shall become bankrupt of shall make a voluntary assignment or the benefit of Lessee's creditors, or in the event a received of Lessee shall be appointed, the at the option of Lessor, this Lease shall immediately cease and come to and end. 13. RULES AND REGULATIONS: Lessee understands that the Lessor may, from time to time, promulgate rules and regulations which, in the Lessor's judgment, may be necessary for the orderly, quiet and dignified operation of the storage area, or for the general welfare of the Lessor's tenants as a whole. 14. NOTICE OF INTENT TO VACATE: After the original period of this Lease as stated in Paragraph 1, should Lessee exercise his/her right of renewal under Paragraph 6 above, Lessee herby aggress that he/she will furnish to the Lessor a Notice of Intent to Vacate at least 10 days prior to the date on which Lessee intends to vacate his/her storage unit.