22203 I76 Frontage Road, Hudson, CO 80642Gate Hours: Sun-Sat 6:00 am - 9:00 pm

Upcoming Changes to Hudson I-76 Self Storage Rental Agreement

Beginning February 4th, 2023, the following changes to Hudson I-76 Self Storage's Rental Agreement, Rules & Regulations

- ALL Vehicles, Vessels, etc. must be insured while on property. Occupant must provide proof of insurance and must maintain their insurance at all times, in order to continue to rent a storage space. As of 02/05/2023 safelease protection plans will no longer apply to vehicles.

- Checks & ACH will no longer be accepted as payment.

- All Delinquencies within five (5) days of a lien sale, must be cured by MoneyGram, cashier's check or certified check in hand to the facilities staff, during office hours. 

 

PLEASE READ THE UPDATED RENTAL AGREEMENT CAREFULLY. BY CONTINUING TO USE YOUR STORAGE SPACE, YOU AGREE TO THE RENTAL AGREEMENT AS CHANGED AND THAT ALL OF ITS OTHER TERMS REMAIN IN EFFECT.

Month-to-Month Term and Renewal: This Rental Agreement for the lease of a self-service storage space (the “Storage Space”) from R&R Investments, LLC, (the “Owner”), d.b.a. Hudson I-76 Self Storage (the “Facility”) and the Occupant listed in the Terms and Conditions shall be on a month- to-month basis and shall automatically renew for successive one month periods on the day of the month this Rental Agreement was executed, indicated above as the Renewal Date of each month hereafter unless terminated, as provided for in Provisions 5, 21 or Owner may change the monthly Rent, fees and charges, any other terms of this Rental Agreement for the Storage Space with Thirty (30) days advance written notice to Occupant. Owner may send the occupant notice to their email address. By continuing to use the storage space, occupant agrees to the Rental Agreement as changed and all of its other terms remain in effect. A One Thirty (30) day minimum rental is required. Rent is non-refundable.

Rent is Due on the Renewal Date of Each Month: Monthly Rent, in the amount stated above in the Terms and Conditions and Additional Rent defined as, including but not exclusively, Default charges, clean up charges, disposal, damages to the Storage Space or Facility, and other unpaid fees or charges (collectively “Rent”), shall be payable monthly to Owner in advance, without demand or notice, on the Renewal Date of each month including any extensions or renewals. The first prepaid Thirty (30) day Rent period is the “Initial Term”. All renewals and extensions along with the Initial Term are collectively the “Term”. Occupant agrees to pay Rent: in person at the Office Address; via mail to the Mailing Address – certified checks only. Notice: No mail shall be sent to the Office Address.; via automatic withdrawal from a checking or savings account “ACH” or with a credit/debit card which may be used the following ways: in the office during office hours; by calling the phone number listed in the Office Address section of the Terms and Conditions; by Owner’s secure website at hudsoni76selfstorage.com (“Website”); or by advance written authorization described in the Terms and Conditions section “F”. It is expressly agreed that Owner does not send monthly invoices. Occupant shall not fail to pay Rent because Occupant does not receive an invoice. All payments received will be applied first to all fees and charges due and owing, then to the oldest outstanding Rent obligation. Any Rent payment made by the Website must be in the full amount due at the time of payment. If less than full payment is made over the Website, said payment shall be deemed automatically refused and any sums submitted shall be returned to Occupant at Occupant’s last known address, even if Occupant obtains a receipt from the Website. Notice: access to pay by Owner’s Website is disabled once Occupant is Forty (40) days late. No personal checks are accepted for payment of Rent. Owner shall require payments of Rent to be in the form of money order, MoneyGram, certified check or cashier’s check in the event Occupant has any payment due Owner returned for any reason, including credit/debit card charge back. All delinquencies within Five (5) days of a lien sale, must be cured by MoneyGram, cashier’s check or certified check in hand to the Owner’s Representative, during office hours.

Credit/Debit Card for Payment of Rent and Other Charges: By providing credit card information, Occupant has authorized Owner to automatically charge or debit the credit/debit card referenced in Terms and Conditions Provision “F” of the Terms and Conditions section of the Rental Agreement (which is owned by the Occupant or upon which Occupant has authority to charge) on the Renewal Date of each month, or as soon as reasonably practicable thereafter, for each month of the Term. This authorization shall continue and include any increases in Rent and other charges assessed to the Occupant. In any circumstance, in the event Occupant terminates this authorization to charge during the Term or terminates the Rental Agreement owing any Rent, Additional Rent, or other charges due, Owner may charge/debit the credit/debit card listed, any sum due and owing upon termination including, but not exclusively, damages to the Storage Space or Facility, any Default charges, clean up charges, and disposal charges. The authorization to charge/debit Rent or other charges shall survive if any sums are due and owing at the time of the termination of the charge/debit authorization or the termination of the Rental Agreement. Credit/debit card payments are not accepted once Occupant is Forty (40) days delinquent. It is Occupant’s responsibility to notify Owner of any new or updated credit/debit card information (including updating an expiration date on a credit/debit card.) Occupant shall be charged late fees and other Default charges if the credit/debit card payment or the ACH is not approved by Occupant’s bank/credit/debit card provider.

Administration Fee: Contemporaneously with the execution of the Rental Agreement Occupant has paid to Owner a non-refundable Administration Fee in the amount listed in the Terms and Conditions section of the Rental Agreement above. The Administration Fee is intended to defray some of the initial set-up, preparation costs and other expenses incurred in entering into a new self-storage Rental Agreement. This Administration Fee is non-refundable under any circumstances.

Termination: Occupant may terminate this Rental Agreement at any time if all Rent and charges are paid in full through the end of the Term (through the next Renewal Date) and Occupant notifies Owner of Occupant’s intent to vacate at least Ten (10) days before the end of the Term. Owner may terminate this Rental Agreement by giving Occupant Thirty (30) days written notice prior to the end of the Term. Owner may give shorter termination notice for illegal activity by Occupant, or Occupant’s guests at the Facility, or if Occupant’s Storage Space becomes infested or if Occupant or Occupant’s guests are interfering with the operation of the Facility, or if Occupant or Occupant’s guests are residing in the Storage Space. No refunds of partial months are made if Occupant vacates the Storage Space before the end of the Term. The Storage Space shall be left broom clean, free of trash, Occupant shall remove all Personal Property and trash (or Rent will continue to accrue), and the Occupant’s lock must be removed. Keeping Occupant’s lock on the Storage Space or keeping any Personal Property in the Storage Space past the end of any Term shall result in another month of Rent being charged, no matter how early Occupant vacates in the next Term. Occupant shall fully vacate by the date stated in Occupant’s or Owner’s Notice. Owner charges and Occupant is responsible for a Fifty Dollar ($50.00) per person, per hour charge for cleaning the Storage Space, minimum one (1) hour, plus costs including any disposal fees, if Owner must remove Personal Property and/or clean the Storage Space.

Use of the Storage Space and Prohibited Storage: Owner is not a warehouseman engaged in the business of storing goods for hire. Owner shall have no obligation to exercise any care, custody or control over Occupant’s Personal Property. No bailment of Personal Property by Owner is intended or implied by this Rental Agreement. The Storage Space shall be used and occupied only for the storing of Personal Property owned by Occupant. Occupant shall not store antiques, artworks, heirlooms, collectibles or any Personal Property having special or sentimental value to Occupant. The Storage Space is not appropriate for storage of irreplaceable Personal Property such as books, writings, objects which have an unknown immediate resale market value. Occupant shall not store cash, cash equivalencies, and negotiable instruments or any other items that can be converted to money. Occupant waives any claim for emotional or sentimental attachment to Occupant’s Personal Property. No Vehicles shall be parked in the drive aisles, except to load and unload. Occupant shall keep the Storage Space in a clean and sanitary condition and free of rubbish, liquid waste or refuse. Occupant shall not make any additions or modification to the Storage Space and shall not drill into or attach anything to the walls, floor or ceiling of the Storage Space and shall not commit waste in the Storage Space. Firearms and ammunition are prohibited in the Storage Space or at the Facility. Contraband of any kind is prohibited in the Storage Space or at the Facility. Marijuana may not be used, stored or grown, even if Occupant has a prescription to use or permit to grow or sell marijuana. No storage or consumption of alcohol in the Storage Space at the Facility. No Personal Property shall be stored which can be affected by fluctuations in temperature or humidity in the Storage Space. The Storage Space is to be used only for storage of Personal Property, not for exhibition, rehearsal Storage Space, for an audience, or any other activity that is not related to storage of Property. Occupant shall not use the Storage Space for the operation of any commercial, industrial, manufacturing or distribution business. Occupant shall not use the Storage Space for the use or storage of any food (without Owner’s written approval); animal feed (including seed); store or release any explosives; fireworks; highly flammable, dangerous, hazardous or toxic materials or substances (as defined below); noxious smelling items; items which emit a foul odor when exposed to moisture or are damaged by moisture; contraband or illegal substances; or for any unlawful purpose of any kind. Occupant shall not engage in any activity in the Storage Space which produces or releases such prohibited materials. Occupant shall not use the Storage Space for storage of any fuel or other fuel oil, grease, or any other lubricant, tires or batteries, or any other accessories, except for such fuel, oil, grease, or other lubricant as may be contained in the operating parts of the items stored in the Storage Space and in such case Occupant shall store the Personal Property with less than 1/8 tank of fuel in the tank and a drip pan or absorbent pad designed to absorb petroleum products under said item to retain any leaking fluids. No propane or empty propane canisters may be stored in the Storage Space. No fuel canisters shall be stored in the Storage Space. All titled vehicles and vessels are strictly prohibited from storage in the Storage Space. Occupant shall not live or sleep in the Storage Space or Facility, nor shall animals be permitted to be stored in the Storage Space or Facility. Occupant shall not use the Storage Space or Facility for the purpose of establishing or assigning a legal address in order to obtain an occupation license or other governmental permit, or business license, nor as a legal address for residential purposes. Occupant agrees that the Facility is located within the Rowley Municipal Water Supply Protection District. Occupant shall further, not use or allow the Storage Space to be used for the release, storage, use, treatment, disposal or other handling of any hazardous substance without prior written consent of Owner. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). The term “hazardous substance” means:

  1. Any substance defined as a “hazardous substance” under CERCLA;
  2. Petroleum, petroleum products, natural fuel, natural fuel liquids, liquefied natural fuel and synthetic fuel, and;
  3. Any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation

Limitation on Value of Personal Property: Occupant agrees not to store Personal Property in the Storage Space with a total value in excess of Two Thousand Dollars ($2,000.00) the “Value Limit” without the prior written permission of the Owner. If such written permission is not obtained, the value of Personal Property shall be deemed not to exceed the Value Limit. By this Rental Agreement, Owner is generally not liable for the loss of Occupant’s Personal Property. In the event any competent court of law adjudicates Owner liable for any loss, for any reason, damages shall be limited as described in the next Paragraph. This provision shall not constitute an admission that Occupant’s Personal Property has any value whatsoever. Higher value limits may be available from Owner for additional consideration if so requested by Occupant in writing to Owner within a reasonable period of time after the commencement of the Rental Agreement, see Owner for details. Notwithstanding anything in this Rental Agreement, in no event will Owner or Owner’s agents be liable to Occupant or Occupant’s agents for an amount in excess of the Value Limit, for any loss or damage whatsoever, including, but not limited to, the active or passive acts, the omissions or negligence of Owner or Owner’s agents. Occupant will not sue Owner or Owner’s agents with respect to any claim, cause or action, loss, or injury to the extent liability therefore has been limited or eliminated pursuant to this Provision. So long as Occupant complies with the requirements of Provisions 7, 8 and 10, Owner does not concern itself with the type, quantity, or quality of the Personal Property Stored.

Damages: Occupant shall be responsible to Owner for the costs of repair, clean-up, and replacement for any damages caused as a result of Occupant’s storage in the Storage Space, use of the Storage Space, or use of the common areas of the Facility including damage to other occupant’s personal property or other occupants’ vehicles. In the event Owner invoices Occupant for any charges for repairs, clean-up, replacement, or other damages suffered, Occupant shall pay the invoice within Ten (10) days or it shall become Additional Rent due and payable with the next month’s Rent. The failure to pay such invoice represents a Default under this Agreement. This Provision and the requirement to pay for any damages shall survive the termination of this

Insurance/Protection Plan and Security Type Systems: Occupant agrees, at Occupant’s sole expense, to maintain contents insurance on all Personal Property stored in the Storage Space with actual cash value coverage against all perils, fire, extended coverage, endorsement, burglary, vandalism, and malicious mischief. Occupant may meet this obligation by enrolling in a Protection Plan at a minimum of Two Thousand ($2,000.00) Dollar level at the Facility. This Protection Plan provides contents only coverage up to Two Thousand Dollars ($2,000.00), which premium shall be paid with Rent. Occupant’s failure to pay Rent or the premium on the Protection Plan shall cancel the Protection Plan and shall mean that Occupant shall assume all risk of loss or damage and is an event of Default under the Rental Agreement. In the case where Occupant accepts and pays for the Protection Plan, Owner then assumes liability for losses and damage to the Occupant’s Personal Property to the limits of the Protection Plan, subject to exclusions and limitations which are disclosed in the Protection Plan document provided to Occupant upon Occupant is encouraged to review the terms, conditions, limitations and exclusions of the Protection Plan. Occupant may opt to purchase a higher level of coverage Protection Plan from the Owner. Owner employs certain measures to protect Owner’s Facility referred to as “Security Type Systems.” The operation or failure of any type of Security Type System installed by Owner shall not change Owner’s aforementioned liability for any type of loss incurred by Occupant and shall in no way release Occupant from Occupant’s obligation of insuring Occupant’s Personal Property. These Security Type Systems may include video cameras, gates, gate codes, and lighting. Occupant acknowledges that these Security Type Systems are for the protection of the Facility as a whole and not the individual Storage Space. Video cameras, if any, may not be recorded or may not be recorded at all times. These Security Type Systems may not operate properly in the event of a mechanical, electrical, or software failure. Further, extreme water may prevent gates and cameras from properly operating. Cameras, and other systems should not be relied on to provide additional security for the Personal Property or the protection of Occupant when using the Storage Space or the Facility.

Access: Occupant’s access to the Storage Space and the Facility may be limited as reasonably deemed necessary by Owner, including, but not limited to, requiring identification from Occupant, limiting hours of operation, or requiring Occupant to sign-in and sign-out upon entering and leaving the Facility, including the temporary closure of portions or all of the Facility for adverse weather conditions, Emergencies, catastrophes, power outages, evacuation orders, or repairs, maintenance, and any other reasons deemed necessary by Owner. These denials of access shall not represent an Event of Default by Owner or the Owner may change the regular times and methods of access to the Facility with Thirty (30) days written notice posted at the entry of the Facility or the Facility Office, or Owner’s website, or mailed to Occupant. In the event of an Emergency or catastrophe at or around the Facility, or in the event of governmental activity or order, or unsafe weather conditions, Owner may change access hours without notice to Occupant and Owner may require Occupant enter only when escorted by Owner’s employees or agents or Owner may deny access to the Storage Space and Facility, despite the fact that there may be no gate at the Facility. Owner shall not be liable for Occupant’s inability to enter the Facility or Storage Space as a result of any power outage, hardware or software failure, or errors in use of any access control system by Occupant.

Temperature Controlled Storage Space: Owner does not represent that the Storage Space is temperature controlled and does not warrant or represent that a minimum or maximum temperature will be maintained at any time during the term.

Humidity in the Storage Space: Owner does not represent that the Storage Space is humidity controlled and does not warrant or represent that a minimum or maximum humidity will be maintained at any time during the term.

Mold: Occupant understands that there is a risk of the growth of mold and/or mildew on Occupant’s Personal Property in any Storage Space rented. Owner does not warrant the Storage Space to be water-tight or dry. Owner shall not be liable and is hereby released from liability for mold on Occupant’s Personal Property from whatever source and no matter how it occurs. Occupant shall take whatever steps are necessary, including those listed in this Provision, to protect against and prevent mold on their Personal Property. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Occupant’s Personal Property. To help avoid mold, Owner recommends storing Personal Property off the concrete floor, such as on pallets or shelves (do not attach to the Storage Space), wrapping certain Personal Property in plastic and keeping goods susceptible to mold from touching the walls of the Storage Space. Occupant understands that any Personal Property brought into the Storage Space that is damp or wet will likely grow mold or mildew because of its wet or damp condition when brought into the Storage Space. Occupant shall periodically inspect the Storage Space and the Personal Property and take any and all actions necessary to protect Occupant’s Personal Property from mold/mildew.

Locked Storage Space; Storage Occupant’s Risk; Abandonment: Occupant is required to keep the Storage Space locked using a lock deemed by Occupant to be suitable for the function of self-service storage. Owner strongly recommends Occupant use a disc style lock, which may be purchased at Owner’s office. Occupant shall lock the Storage Space at all times except when accessing the Storage Space. Owner does not maintain a key to any lock used by Occupant. Occupant may use only one lock. Occupant shall not use any hasp for an additional lock, the second hasp, if any, is reserved for Owner’s use. Any additional lock on the Storage Space shall be removed and Owner shall charge a Thirty Dollar ($30.00) Dollar lock removal charge. Occupant is strictly prohibited from cutting any lock at any time. If a lock is removed as a result of a Default by Occupant, or if Owner finds an occupied Storage Space without a lock or incorrectly locked, if a lock is removed for an inventory or sale, or if a lock is removed or in Emergency or non-Emergency entry, or for any other reason described in this Rental Agreement, Owner will try to notify Occupant, and Owner may, but is not required to, lock the Storage Space with Owner’s lock at Occupant’s expense. If Owner chooses to re-secure the Storage Space, and Occupant does not replace the lock, then after Five (5) days, Owner shall put a new lock on the Storage Space and charge Occupant’s account at prevailing charges, depending on the type of lock. The keys will be mailed to Occupant’s last known address. All Personal Property stored by Occupant within the Storage Space shall be at Occupant’s sole risk. Occupant is not permitted to cut their own lock. If Occupant cuts Occupant’s own lock, Occupant is subject to a $30.00 fee and is responsible for any damage to the door and/or hasp. If the Storage Space is not locked, Occupant is delinquent in Rent, and Owner determines the items contained in the Storage Space have no marketable value (under $100.00) Owner may consider the Storage Space abandoned and dispose or sell any or all Personal Property in the Storage Space.

Release of Liability: In the event Occupant has paid the Rent, including the Premium for the Protection Plan, then Owner accepts liability under the Protection Plan for certain covered losses up to the limits of liability described in the Protection Plan. See the Protection Plan document provided, for Terms and Conditions, limitations, and exclusions from coverage. For any claim or loss beyond the accepted limits of the Protection Plan; for losses not covered by or excluded from the Protection Plan; in the event Occupant provides coverage of insurance paid for by Occupant; or if Occupant is in Default of this Rental Agreement, including but not exclusively by not paying all or part of the Rent, including Additional Rent for the Protection Plan premium, then Occupant releases Owner, Owner’s employees, agents, successors, and assigns from any and all liability for Personal Property damage or loss of Personal Property; for damage or loss from, as examples, fire, water, the elements, mold or mildew, Acts of God, theft, burglary, vandalism, malicious mischief, mysterious disappearance, and rodent damage; or the acts or failure to act or negligence of Owner, Owner’s employees, or agents, whenever such loss occurs in the Storage Space or at the Facility. Occupant further releases Owner, Owner’s employees, agents, successors, and assigns from any and all liability for personal injuries or death to persons including Occupant and Occupant’s family or invitees arising out of Occupants use of the Storage Space and Facility. Occupant understands that this Release of Owner’s liability or partial release of liability under the Protection Plan, is a bargained for condition of this Rental Agreement and Owner’s consent to enter into this Rental Agreement, and that if Owner were not released from the liability as set forth in Provisions 16 and 17, a much higher Rent would have to be agreed upon or Owner would not enter into this Rental Agreement.

Indemnification; Waiver of Subrogation: Occupant agrees to waive, and have Occupant’s insurer waive, any right of subrogation of any claim of Occupant against Owner, Owner’s employees, or agents. Occupant agrees to indemnify, defend and hold Owner harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or Personal Property, or damages to Occupant’s Personal Property however occurring, or arising out of or related to the use of the Storage Space and Facility by Occupant, Occupant’s invitees, and guests, or to any breach of this Rental Agreement by Occupant, Occupant’s invitees, or guests. Occupant shall also pay Owner for all of Owner’s attorney fees incurred in enforcing any obligation under this Provision #17. Occupant’s obligation to indemnify Owner specifically applies to any violation by Occupant of the Owner’s environmental conditions and restrictions resulting in damages caused by Occupant, Occupant’s invitees or guests, regardless of any negligence on the part of Occupant. If Occupant requests Owner cut Occupant’s lock, Owner shall have at least Twenty Four (24) hours to remove the lock and may require Occupant be present for the lock cut.

Owner May Enter: Owner, Owner’s employees, and agents and the representatives of any governmental or quasi-governmental authority, including police and fire officials, shall have the right to remove Occupant’s lock and enter the Storage Space, without notice to Occupant, to take such action as may be necessary to preserve Owner’s Personal Property in the event of an Emergency, or to immediately comply with any applicable law, governmental or court order, warrant, subpoena, or to enforce any of Owner’s rights. For the purposes of this Rental Agreement, “Emergency” shall be defined as any event which jeopardizes the health, safety, and/or well-being of any person or of the Facility or any of the buildings or the land appurtenant to the buildings or any other Personal Property or chattels stored at the Facility. Owner shall further have the right, on a non-Emergency basis, to remove Occupant’s lock and enter the Storage Space with reasonable notice to Occupant to make any repairs, replacements, other desirable improvements or conduct any inspections of Owner’s Facility or the Storage Space (the “Work”). Owner will endeavor to give a minimum of three days notice to Occupant of the Work and, if Occupant is available, will schedule an appointment with Occupant to remove Occupant’s lock to allow the Work. If Occupant is unavailable or unable to provide Owner access, Owner may cut or remove and replace the lock after the Work has been completed with a lock of similar or better quality and the keys shall be sent as described in Provision 15. Occupant is notified that Owner complies with all search warrants and subpoenas for Occupant information.

Responsibility to Inspect the Storage Space. Occupant shall immediately notify Owner should Occupant become aware of any noxious odors, sounds, or other conditions, including without limitation, the presence of any mold or similar condition, in Occupant’s Storage Space or emanating spreading from or through any other Storage Space. Upon receipt of such notification, or should Owner become aware of such condition, Owner may, notwithstanding anything to the contrary to this Agreement, enter Occupant’s Storage Space without notice to make any such necessary inspection, repair, or alteration. Should any such conditions result from Occupant’s use of the Storage Space or from a breach by Occupant of the terms of this Agreement, all costs and expenses incurred by Owner in addressing such conditions shall be paid by Occupant on demand and if not paid, shall become Additional Rent.

Owner’s Lien: Pursuant to the Colorado Self Service Storage Facility Act CRS 38-21.5-101 et seq. the Owner of the self-service storage facility has a lien upon all stored Personal Property located at the Facility for Rent, labor, or other charges, present or future, including late fees, in relation to the Personal Property and for expenses necessary for its preservation, and expenses reasonably incurred in its sale or other disposition. Explanation: The Occupant’s Personal Property may be sold to satisfy the lien if Occupant is in Default.

Defaults; Owner Remedies: If Occupant breaches any term or condition of this Rental Agreement (a “Default”), Owner in addition to such other rights Owner may have under this Rental Agreement and law shall have the right to terminate this Rental Agreement. If Occupant does not provide photo ID at rental, Owner may deny access or cancel the Rental Agreement. If Occupant fails to pay any Rent or other charges when due or if the Rental Agreement is terminated by Owner for cause, Owner may: (i) deactivate the gate access; (ii) overlock, deactivate, or otherwise place a device to deny Occupant’s access to the Storage Space, once Occupant is in Default for at least Five (5) days, even if the late fee has not yet been imposed, and the placement of Owner’s overlock or other deactivation device, along with any written notice sent to Occupant, shall serve as constructive notice that Owner has not received Rent from Occupant for the current term; (iii) remove Occupant’s lock and access the Storage Space; however, Rent and other charges shall continue to accrue after overlock or lock removal until the Storage Space is sold or Occupant cures the Default; (iv) inventory and/or take possession if desired, of the Personal Property located in the Storage Space; (v) sell or dispose of the Personal Property in the Storage Space as permitted by law; or (vi) pursue any and all remedies available, at law or equity, including a forcible entry and detainer action against Occupant. The act of overlocking/denying access or removing Occupant’s lock shall not constitute an election of a remedy by Owner, and shall not constitute Owner taking possession of, or a bailment over, the Personal Property. The obligation to pay Rent and other charges shall not be terminated by the overlock or lock If Occupant is in Default and is overlocked or if the lock is cut and replaced with Owner’s lock, Owner is not required to remove the overlock or take off Owner’s lock (after lock cut) until up to Three (3) business days after payment has been made in full. Owner reserves the right not to remove Owner’s replacement lock until Occupant is present and replaces the lock with Occupant’s own new lock, or Owner in Owner’s sole discretion can remove Owner’s lock leaving the Storage Space unlocked. In any case Owner shall not be liable to Occupant for any damages Occupant suffers as a result of not being able to get access to the Storage Space after late payment arising from failure to immediately remove Owner’s lock or overlock. In the event of Default, Occupant forfeits any concessions received and rent for the Storage Space shall automatically increase to the current market rate. All remedies available to Owner shall be cumulative and the exercise of one or more remedies shall not exclude or waive Owner’s rights as to any other remedy.

Notices: Except as otherwise required by law, all notices under this Rental Agreement from Owner to Occupant shall be mailed by first class U.S. mail, postage pre-paid, to Occupant’s last known address, or e-mailed to the e-mail address provided by Occupant in the Terms and Conditions and shall be conclusively presumed to have been received by Occupant Three (3) business days after mailing, or upon All notices from Occupant to Owner shall be mailed by first class U.S. mail, postage pre-paid, to Owner, at the Office Address listed on the first page of this Rental Agreement. Occupant is responsible for notifying Owner in writing, via certified mail return receipt requested to the Mailing Address or via a nationally recognized overnight carrier (Office Address) with signature confirmation; or in person during office hours; or via Owner’s secure Website (Portal), or in person during office hours on a form prescribed by Owner, of any change in Occupant’s address, email address.

Partial Payments or Payment in the Event of Default: Partial payments shall not be accepted

Assignment and Subletting: Occupant may not assign Occupant’s rights under this Rental Agreement or sublet the Storage Space without the prior written consent of Owner. This Rental Agreement shall be binding upon the heirs, assigns, executors, administrators, representatives, and successors of the parties hereto.

Governing Law; Jury Trial; Severability: This Rental Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of law’s provisions. Owner and Occupant agree to waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint in any action arising out of or connected in any manner with this Rental Agreement, including any action for bodily injury, death or Personal Property damage. Owner and Occupant further agree that the Federal or State courts in Colorado where the Facility is located shall have exclusive jurisdiction for any litigation related to this Rental Agreement. If any part or provision of this Rental Agreement is determined to be unenforceable by a court of law, the parties agree that all remaining parts or provisions of this Rental Agreement shall remain in effect and be valid and enforceable.

Entire Agreement: This Rental Agreement is the entire agreement between the parties and supersedes any and all prior oral or written representations or agreements and may be modified only in a writing signed by Occupant and Owner. The pre-printed terms of this Rental Agreement may only be modified in writing signed by the General Manager of the Facility.

Counterparts, Headings and Gender: This Rental Agreement may be executed in one or more counterparts, each of which shall be deemed an original and when taken together shall constitute one Rental Agreement. The headings in this Rental Agreement are for the convenience of both parties. In the event of any conflict between the heading and the language of the term, the language of the term shall control. Whenever the context so indicates the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others.

Agreement to Mediate: Realizing that in Self-Storage relationships there is always a possibility of differences of opinion or other disagreements and that what is most important is to resolve any disputes amicably, quickly, inexpensively and professionally and to return to business as soon as possible, it is with that spirit of cooperation that Owner and Occupant pledge to resolve differences and to use the procedures specified in this Rental Agreement. Therefore, Owner and Occupant agree as follows: with the exception of non-payment of Occupant’s Rent and Owner’s right to conduct a lien sale, declare an abandonment, or evict as a result of Default under this Rental Agreement, or tow a Vehicle stored; that any litigation, claim, dispute, suit, action, controversy, proceeding or otherwise (“Excluded Claims”) between or involving Owner and Occupant, whether arising out of or relating in any way to this Rental Agreement and/or any other document, any alleged breach of any duty, or otherwise, before commencing any litigation, will be submitted to non-binding mediation for a minimum of eight hours before any mediation organization approved by Owner and Occupant located within 15 miles of the Facility. In the mediation, Owner and Occupant shall each be represented by an individual authorized to make binding commitments on their respective behalves and may be represented by counsel. In addition, Owner and Occupant may, with permission of the mediator, bring such additional persons as are needed to respond to questions, contribute information and participate in the negotiations. The fees and expenses of the mediator and/or mediation organization shall be shared equally by Owner and Occupant. The mediator shall be disqualified as a witness, consultant, expert or counsel for any party with respect to the dispute and any related matters.

Agreement to Arbitrate: In the event the parties are unable to resolve any dispute by mediation, the parties agree that such claims shall then be resolved by final and binding arbitration in front of a single mutually agreeable arbitrator as administered by the American Arbitration Association (AAA) under its applicable arbitration rules for expedited arbitration. Arbitration of any Claim between the parties shall be governed under the Federal Arbitration Act of 1925. The parties further agree that the election to resolve disputes by mandatory arbitration is a fair, appropriate, and a negotiated remedy to resolve the dispute, that the parties agree and understand that the ownership of the Facility and the Facility’s management may be located in a state different from the state in which the Facility is located, and due to the interstate nature of the relationship between the parties and the fact that both parties are assuming risks, that the mandatory arbitration requirement is necessary. The election by either party for binding arbitration, shall be in writing and shall be served on the other party in the manner prescribed in this Rental Agreement for the giving of notices. All such arbitration proceedings shall take place at such location within Twenty (20) miles of the Facility. Each party shall bear its own costs and fees, including travel expenses, out-of-pocket expenses (including, but not limited to, copying and telephone), witness fees, and attorney’s fees and expenses. The fees and expenses of the arbitrator, and all other costs and expenses incurred in connection with the arbitration, shall be shared and borne equally by the Occupant and Owner.

Class Action Waiver: Except for any Excluded Claim, any dispute, Claim, demand, action, proceeding, or cause of action of any kind or nature whatsoever between Occupant and Owner, whether for damages or for injunctive or other legal, equitable, or other relief, whether arising under federal, state, local, common, statutory, regulatory, constitutional, or other law shall only be in the Owner's and/or Occupant individual capacity, and not as a class action plaintiff or any class representative or member in any purported class, collective, or other similar proceeding (herein class action, purported class, collective and other similar action shall be collectively referred to as ("Class Action"). Owner and Occupant expressly waive any right and/or ability to maintain or in any way to be part of any Class Action in any forum between and among Owner and Occupant. With respect to any such Claim that is subject to the above arbitration provisions, the arbitrator shall not have authority to combine or aggregate similar Claims, permit, hear, determine or resolve any Class Action, nor shall the arbitrator make an award to any person or entity other than to Owner and/or Occupant and solely in each of the respective individual capacities of Owner and Occupant. Any Claim that all or any part of these arbitration agreement and Class Action waiver provisions are unenforceable, unconscionable, void, or voidable shall be determined solely by a court of competent jurisdiction and not by an arbitrator. The arbitration agreement and Class Action waiver provisions shall survive the termination or expiration of this Agreement. Owner and Occupant each understand and Owner and Occupant each expressly acknowledge that each of them would have and/or may have had a right to litigate any and all Claims between and among each of them through a court, to have a judge or jury decide their case(s), and/or that each of them could have been or may be a party to a Class Action.

Owner’s Employees: In the event Occupant requests any of Owner’s employees to perform any services for Occupant, it shall be done at Occupant’s own risk as Occupant’s agent, regardless of whether payment is made for said service(s). Occupant agrees to release, hold harmless and indemnify Owner for any loss, charge or injury Occupant may suffer related to the use of Owner’s employees. Occupant further agrees that Occupant’s interactions with Owner’s employees will be respectful and courteous. Any foul or abusive language or threatening behavior directed toward any employees or Owner shall be grounds for immediate termination of the Rental Agreement by Owner.

Warranty of Information: Occupant warrants all information given in this Rental Agreement or any application preceding this Rental Agreement is complete, true and accurate at the time of this Rental Agreement.

Occupant’s Acceptance of the Storage Space “AS IS”. Occupant inspected or had the right to inspect the Storage Space and Facility before signing this Rental Agreement and finds the Storage Space to be suitable for the purpose for which Occupant rents such Storage Space and accepts the same “as ” Owner makes no express warranties. Owner disclaims and Occupant waives all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law. Occupant acknowledges that Owner’s Agents have no authority to make warranties, express or implied.

Pest Control: Occupant is advised that Owner may use chemicals at the Facility including around the Storage Space, for pest control. For this reason, no pets are Occupant is solely responsible for arranging, setting, and monitoring and disposing of any pest control devices within the Storage Space. Occupant is advised to provide, set, maintain, and regularly remove, if necessary, any insect or rodent attraction/repellant/trap devices that Occupant deems necessary to protect Occupant’s Personal Property from loss or damage due to insect or rodent infestations. The only extermination provided by Owner, if at all, is in common areas other than the Storage Space.

Permission to Call, Fax, Use Social Media, Text and/or E-Mail: Occupant recognizes Owner and Occupant are entering into a business relationship at the Facility. As such, to the extent any federal or state law prohibits Owner from contacting Occupant by phone, fax, text, or e-mail, Occupant hereby consents to Owner phoning, faxing, contacting via social media, texting, and e-mailing Occupant and that these communications are related to the business relationship. Occupant further gives Owner permission to send text messages to Occupant’s provided cell phone number for the purposes of notifying Occupant of conditions involving the Facility or Storage Space, including but not exclusively, late rent and other default issues, unless otherwise prohibited by law. Further, Occupant consents to Owner sending notices by email, including notices involving the operations of the Facility and unless prohibited by law, notices of Default. For this reason, Occupant agrees to keep a current email address of record with the Owner and to notify Owner of any change in Occupant’s email address.

The Storage Space: By signing this Rental Agreement, Occupant acknowledges that neither Owner, nor any employee of Owner or any other person acting on Owner’s behalf, has made any representation to Occupant as to the size (square footage or cubic footage) or dimensions (length, width or height) of the Storage Space, and Occupant acknowledges and agrees to the following: (a) that, prior to signing, Occupant was given the opportunity to measure the dimensions of the Storage Space; (b) that Occupant is satisfied therewith, whether or not Occupant measured the Storage Space; (c) that Occupant agrees to pay the Rent stated herein regardless of the actual size or dimensions of the Storage Space; (d) that Occupant hereby waives any and all right to bring any civil action, or other judicial or non-judicial proceeding, or to join, or participate in, any such proceeding brought by any other person, against Owner based on assertions that any difference exists between the actual size, or dimensions, of the Storage Space, and the size, or dimensions, thereof as Occupant believed existed at the time Occupant signed this Agreement; and (e) that Occupant hereby fully, and forever, Release and Discharge Owner from any, and all liability for damages, and all other types of relief, to which Occupant otherwise would have had the right to obtain but for Occupant’s having agreed to the terms of this Provision and the Waiver and Release contained herein.The description of the Storage Space is for identification purposes only, there shall be no adjustment in the Rent payable hereunder and the Rental Agreement shall remain in full force and effect if the Storage Space actually contains more or less square feet than set forth herein and no refund is due if the Storage Space contains less square feet than stated. Occupant is renting the Storage Space by the entirety of the Space not by the square foot. S

Snow Removal: Owner, in the event of snow, only clears the common drives and parking lots, any snow or ice in front of the Storage Space is Occupant’s responsibility to remove. Owner does not plow unless the snowfall is at least Three (3) inches. Occupant is advised that by clearing snow or ice, Owner may create un-natural accumulations of snow or ice (such as piles of snow off the side of a snow plow), which are slippery and which Occupant must clear or step over to access the Storage Space or entry to the building containing the Storage Space. Further, Owner does not begin plowing operations until the snow fall has ended. Owner does not warrant at any time that all snow and ice will be removed or completely clear. During snowfalls, if conditions are not deemed safe by Owner to allow Occupant on to the Facility, such access will be denied. The Owner plows drive aisles at the Facility to within no less than 20 inches from the door to the Storage Space or the access door to the building containing the Storage Space. Occupant understands that the act of plowing will result in additional snow being placed within the area between the plowing site and the door to the Storage Space and that it is Occupant’s responsibility to either safely remove the snow or ice between the plowed area of the drive aisle and the Storage Space, and to use extreme caution when crossing over the untreated area of the drive aisle between the plowing area and the door to the Storage Space, even if unnatural accumulations of snow or ice are placed in such area. Snow shovels may be provided by Owner at the Facility for Occupant’s use to clear the area in front of Occupant’s Storage Space. Shovel availability is not guaranteed and are used solely at Occupant’s sole risk. Occupant agrees to return the shovel to the area where they are located after

Loitering: The purpose of this Rental Agreement is for renting Storage Space for the storage of Personal Property. It is agreed that, except for move-in and move-out, there is no reason for Occupant to be at the Facility or in the Storage Space at any time for more than Three (3) hours in a day, and no more than Three (3) times a week. If Occupant, Occupant’s guests, or invitees are in the Storage Space or at the Facility for more than Three (3) hours a day, or more than Three (3) days a week, this shall be grounds for immediate termination of occupancy.

Rules and Regulation: The Rules and Regulation of this Facility are incorporated herein and made a part of this Monthly Rental Agreement as if fully re-written The Rules and Regulations can be changed with Ten (10) days’ notice as described in the Rules and Regulations, without regard for the term of this Agreement, so long as the revised Rules and Regulations apply to all Occupants and are made for the appropriate and efficient operation of the Facility.

Exclusion of all Warranties: The agents and employees of Owner are not authorized to make warranties about the Storage Space and the Facility referred to in this Rental Agreement. ORAL STATEMENTS BY OWNER’S AGENTS AND EMPLOYEES DO NOT CONSTITUTE WARRANTIES such statements shall not be relied upon by the Occupant and are not part of this Rental Agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, expressed or implied, ARE EXCLUDED from this transaction and shall not apply to the Storage Space and the Facility, and that Occupant accepts such Storage Space and access to the Facility AS IS AND WITH ALL FAULTS.

Other Charges and Fees: Occupant is in Default if Rent is not paid by the Renewal Date of each month, and any Rent accepted thereafter shall be at the sole discretion of the Owner. If Occupant is in Default, the following fees shall be charged:

Default Fees

Late Fee (on the 5th day after Rent is due)                                                            $20.00 or 20%, whichever is greater

Lock Cut/Inspection/Valuation/Photos                                                                    $50.00

Written Notice of Default/Pending Sale                                                                   $10.00

Sale Fee/Auctioneer Fee                                                                                        10% or $100.00, whichever is greater

Cancellation of auction once scheduled                                                                   $100.00

Towing of Vehicle in Lieu of Sale                                                                             $400.00

Other Charges and Fees

NSF/Returned Check Fee/Credit/debit Card declined or disputed                            $36.00/$30.00 + Applicable late fees + bank charges

Cleaning Fee (1 hour minimum)                                                                           $50.00 per hour/per person + disposal fees

Lock Cut Fee (at Occupant’s request)                                                                    $25.00 – No self lock cut

Eviction Notice/Filing Fee in Lieu of Sale                                                                $250.00 + court costs

For the purpose of determining if Rent is paid on time, by mail, certified check only, the date the payment is received at the Mailing Address is used, not the postmark date. All other payments of Rent are considered received on the First business day (before 5:00 PM) when physically received, not when the Rent payment is processed. Notwithstanding the date that other fees and charges are imposed, if Rent is not paid within Five (5) days of when due the Occupant shall be considered to be in Default and Owner may begin enforcement of Owner’s lien against Occupant’s Personal Property. Occupant shall pay Owner all other costs and expenses incurred by Owner arising out of or related in any manner to a breach of this Rental Agreement particularly any charges incurred for enforcing the lien by Owner, Owner’s collection of any amount owed by the Occupant, including any collection fees or costs incurred, including outside collection agency fees and costs or the exercise of any remedy by Owner upon a Default by Occupant (including the sale or other disposition of Occupant’s Personal Property) as permitted under this Rental Agreement or by law. Occupant shall be liable to Owner for Owner’s attorney’s fees incurred in enforcing any of Owner’s rights or Occupant’s responsibilities under this Rental Agreement.

Vehicle Specific Rental Agreement Updates:.

Occupant may terminate this Rental Agreement at any time if all Rent and charges are paid in full through the end of the Term (through the next Renewal Date) and Occupant notifies Owner of Occupant’s intent to vacate at least Ten (10) days before the end of the Term that Occupant has vacated and removes the Vehicle and any Personal Property by that date. Owner may terminate this Rental Agreement by giving Occupant Thirty (30) days written notice prior to the end of the Term. Owner may give shorter termination notice for illegal activity by Occupant, Occupant’s invitees, or guests at the Facility, or if Occupant, or Occupant’s invitees, or guests are residing in the Vehicle in the Storage Space or at the Facility. No refunds of partial months are made if Occupant vacates the Rented Space before the end of the Term. The Storage Space shall be left free of trash and Occupant shall remove the Vehicle and any Personal Property (or Rent will continue to accrue). Occupant shall fully vacate by the date stated in Occupant’s or Owner’s Notice. Owner charges and Occupant is responsible for a Seventy Five Dollar ($75.00) per person, per hour charge for cleaning the Storage Space, minimum one (1) hour, plus costs including any disposal fees, if Owner must remove the Vehicle and any Personal Property from the Storage Space or clean the ground of the Storage Space.

Vehicle, Boat & RV Storage: Owner is not a warehouseman engaged in the business of storing goods for hire. No bailment of the Vehicle or any Personal Property located in the Vehicle is intended or implied by this Rental Agreement. Even though Owner may be able to see the Vehicle, Owner is not responsible for identifying damage or loss, including leaks from the Vehicle. Despite the fact that Owner may not notice the Vehicle missing from the Storage Space or damages while in the Storage Space, Occupant shall report to Owner any time the Vehicle will be absent from the Facility and Storage Space for more than Ten (10) days and advise Owner of the estimated return date for the Vehicle. If this is not done, Owner may re-rent the Storage Space if the Vehicle is not present and Occupant is delinquent in Rent. Owner is not required to report to Occupant that the Vehicle may be missing from the Storage Space. Occupant shall also report to Owner if Occupant is returning the Vehicle to the Facility with new damage. Occupant covenants and agrees to use and occupy the Storage Space solely for the purposes of storage of the Vehicle(s) as identified herein, and specifically agrees that Occupant shall not use the Storage Space for storage of any fuel or other fuel oil, grease, or any other lubricant, tires or batteries, or any other accessories, except for such fuel, oil, grease, or other lubricant as may be contained in the operating parts of the Vehicle stored at the Storage Space and in no event may the Vehicle contain more than Five (5) gallons of fuel when stored. Occupant shall maintain a drip pan or absorbent pad specifically designed to absorb petroleum based products under the Vehicle(s) of sufficient size to retain any fluids that may leak from the Vehicle. All fuel tanks including LP and those attached to RVs and motors must be disconnected from the Vehicle or the valve must be left in the “off” position, including those used to power the appliances in the Vehicle. No other use of LP or propane is allowed during storage. The Vehicle will be parked only in the Storage Space, never in any common areas of the Facility or in any other vehicle Storage Space. All “extendable” items must be retracted during storage. Firearms and ammunition are prohibited in the Vehicle/Vessel or at the Facility. Contraband is prohibited in the Vehicle/Vessel or at the Facility. Marijuana may not be used, stored or grown in the Vehicle, even if Occupant has a prescription to use or a permit to grow or sell marijuana. No storage or consumption of alcohol in the Vehicle or at the Facility. No property or personal items may be stored in the Vehicle other than items that are fixtures of the Vehicle, unless written permission is granted, Occupant will not store anything in the Storage Space except the Vehicle(s) listed in this Rental Agreement. No storage in other parts of the Facility outside of the marked area of the Storage Space. The storage and charging of lithium batteries in the Vehicle is prohibited. The Storage Space is not appropriate for storage of any antique, collectible, irreplaceable Vehicles or Personal Property which have an unknown immediate resale market value, or Vehicles which have a special, sentimental, or emotional value to Occupant and by this Rental Agreement Occupant waives such claims for sentimental or emotional value of any Vehicle or Personal Property stored. Occupant specifically waives any claim to sentimental or emotional attachment to any Vehicle or Personal Property stored. Only one self contained Vehicle is allowed in the Storage Space unless otherwise permitted, in writing, by Owner by completing the section entitled “Additional Vehicle Information.” Occupant shall not store any other vehicle other than the Vehicle(s) described in this Rental Agreement. No repair or maintenance work shall be performed on any Vehicle while being stored in the Storage Space or at the Facility, including washing or cleaning. Occupant shall not use or allow the Storage Space to be used for the release, storage, use, treatment, disposal or other handling of any hazardous substance. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). The term “hazardous substance” means:

  1. Any substance defined as a “hazardous substance” under CERCLA;
  2. Petroleum, petroleum products, natural fuel, natural fuel liquids, liquefied natural fuel and synthetic fuel, and;
  • Any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation.

Occupant shall not live or sleep in the Vehicle or at the Facility, nor shall animals be permitted to be stored in the Vehicle or at the Facility.

Vehicle Requirements: Owner must approve of any Vehicle proposed to be stored. The Vehicle must display current state registration and must have all tires (or trailer tires) inflated. The Vehicle must be in good operating condition and must be driven onto the Facility (unless a boat on a trailer). The Vehicle must have no broken glass and no visible rust on the Vehicle, otherwise Owner may require the Vehicle be removed or covered. Any cover must be firmly attached to the Vehicle at all If the cover rips, Occupant must replace it immediately. The Vehicle must display current plates or other registration at all times. Trailer wheels must be blocked or chocked. Trailer tongues and lock stands must be placed on wood or other stands so as not to damage the ground of Storage Space or the asphalt, if any, of the Facility.

Movement of Vehicle by Owner: Owner specifically reserves the right to move or remove the Vehicle from the Storage Space at any time in the event of an Emergency without notice to Occupant and with advance notice in the event of a non-Emergency for necessary For the purposes of this Rental Agreement, “Emergency” shall be defined as any event which jeopardizes the health, safety, and/or well-being of any person, of the Facility, any of the buildings or the land appurtenant to the buildings, or any other property or vehicles stored at the Facility. Owner shall provide Occupant with reasonable notice in the event of non-Emergency maintenance and shall first seek for Occupant to move the Vehicle or Occupant’s approval in moving the Vehicle before Owner may remove if Owner moves the Vehicle the costs of movement shall be charged to Occupant as Additional Rent. During movement, the Vehicle may be stored outside the fence line of the Facility. Owner shall exercise reasonable caution in moving or removing the Vehicle(s) and will endeavor to notify Occupant of the new location of the Vehicle or return the Vehicle to the Storage Space after the maintenance or Emergency has concluded. Any lock cut or pick required to be performed by Owner in order to move the Vehicle shall result in a charge to Occupant of One Hundred Dollars ($100.00). Said lock will not be replaced by Owner, if it is destroyed.

Storage Space Unavailable: If Occupant’s Space is not available for any reason, Occupant agrees to park Occupant’s Vehicle in a spot marked “overflow” at the Facility which may be outside of the fence of the Facility and notify Owner as soon as practicable of the condition or infringement of the Space. Owner shall endeavor to resolve the condition or infringement on the Space as quickly as practicable. Once the infringement or condition is resolved, Owner will contact Occupant to remove Occupant’s Vehicle from the overflow Occupant agrees to move Occupant’s Vehicle back to the Space within Forty-Eight (48) hours of notification by Owner that the Space is again available. Occupant shall pay Owner a Twenty dollar ($20.00) per day charge for each and every day Occupant continues to occupy the overflow Space after the Forty-Eight (48) hour notice from Owner has expired. Further, if Occupant places Occupant’s Vehicle in a Space other than the Space (or the overflow spot if necessary) even if only partially in the wrong Space, then Occupant shall be liable to Owner for a Twenty dollar ($20.00) per day fee for each and every day the Vehicle remains in another Space after written or oral notice from Owner.

Use of Storage Space: The Storage Space consists of crushed concrete and is marked with stiped plastic tubes, with some having cables between them, with numbers on signs posted on poles. Occupant shall park the Vehicle by pulling or backing in and shall not cause any incursion into any other Storage Space, and Occupant shall be liable for all damages associated with any portion of the Vehicle exceeding the normal width of the Storage Space or interfering with another Occupant’s use of another Storage Space.

Limitation on Value of Personal Property: Occupant agrees not to store the Vehicle in the Storage Space with a total value in excess of Two Thousand Dollars $2,000.00 the “Value Limit” without the prior written permission of the Owner the “Value Limit”. If such written permission is not obtained, the value of the Vehicle shall be deemed not to exceed the Value Limit. By this Rental Agreement, Owner is generally not liable for the loss of Occupant’s Vehicle or Personal In the event any competent court of law adjudicates Owner liable for any loss, for any reason, damages shall be limited as described in the next Paragraph. This provision shall not constitute an admission that Occupant’s Personal Property has any value whatsoever. Higher Value Limits may be available from Owner for additional consideration if so requested by Occupant in writing to Owner within a reasonable period of time after the commencement of the Rental Agreement, see Owner for details.

Notwithstanding anything to the contrary in this Rental Agreement or any Addendum which seeks to modify the limit of value of Vehicle(s) stored, in no event will Owner or Owner’s agents be liable to Occupant or Occupant’s agents for an amount in excess of the Value Limit, for any loss or damage to the Vehicles stored whatsoever, including, but not limited to, the active or passive acts, the omissions or negligence of Owner or Owner’s agents. Occupant will not sue Owner or Owner’s agents with respect to any claim, cause or action, loss, or injury to the extent liability therefore has been limited or eliminated pursuant to this Provision. So long as Occupant complies with the requirements of Provisions 12 and 13, Owner does not concern itself with the type, quantity, or quality of the Vehicle stored.

Insurance and Security Type Systems: OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT’S VEHICLE OR PERSONAL PROPERTY IN THE VEHICLE FROM LOSS BY FIRE, THEFT, DAMAGE FROM OTHER OCCUPANTS’ ACTIONS, OR ANY OTHER TYPE CASUALTY LOSS. Occupant shall provide proof that Owner has been added within Ten (10) days of signing this Rental Agreement and at least once annually thereafter. Occupant shall, at Occupant’s sole expense, maintain insurance on the Vehicle stored in the Storage Space with replacement cost coverage against all perils, without exception, purchased from a licensed insurance agent in the State of Colorado at all times during storage. Vehicle insurance is required for Occupant’s Vehicle Storage. The only insurance that covers the Vehicle and Personal Property stored in the Storage Space is that purchased by Occupant. Owner employs certain measures to protect Owner’s Facility referred to as “Security Type Systems.” The operation or failure of any type of Security Type System installed by Owner shall not change Owner’s aforementioned liability for any type of loss incurred by Occupant and shall in no way release Occupant from Occupant’s obligation of insuring Occupant’s Vehicle. These Security Type Systems may include lighting, coded gate access, and video cameras. Check with the Facility Manager for the features available at this location. Occupant acknowledges that these Security Type Systems are for the protection of the Facility as a whole and not the individual Storage Space. Video cameras, if any, may not be recorded or may not be recorded at all times. These Security Type Systems may not operate properly in the event of a mechanical, electrical, or software failure. These Security Type Systems should not be relied on to provide additional security for the Personal Property or the Occupant or Occupant’s guests when using the Storage Space.

Damages: Occupant shall be responsible to Owner for the costs of repair, clean-up, and replacement for any damages caused as a result of Occupant’s storage in the Storage Space, use of the Storage Space, or use of the common areas of the Facility including damage to other Occupant’s personal property or other Occupants’ vehicles. In the event Owner invoices Occupant for any charges for repairs, clean-up, replacement, or other damages suffered, Occupant shall pay the invoice within Ten (10) days or it shall become Additional Rent due and payable with the next months Rent. The failure to pay such invoice represents a Default under this Agreement. This Provision and the requirement to pay for any damages shall survive the termination of this

Access: Occupant’s access to the Vehicle, Storage Space and the Facility may be limited as reasonably deemed necessary by Owner, including, but not limited to, requiring identification from Occupant, limiting hours of operation, or requiring Occupant to sign-in and sign-out upon entering and leaving the Facility, including the temporary closure of portions or all of the Facility for adverse weather conditions, emergencies, catastrophes, power outages, evacuation orders, or repairs and maintenance. These denials of access shall not represent an Event of Default by Owner or the Facility. Owner may change the regular times and methods of access to the Facility with Thirty (30) days written notice posted at the entry of the Facility or Owner’s website, or mailed to Occupant. In the event of an Emergency or catastrophe at or around the Facility, or in the event of governmental activity or order, or unsafe weather conditions, Owner may change access hours without notice to Occupant and Owner may require Occupant enter only when escorted by Owner’s employees or agents or Owner may deny access to the Storage Space and Facility, despite the fact that there may be no gate at the Facility. Owner shall not be liable for Occupant’s inability to enter the Facility or Storage Space as a result of any power outage, hardware or software failure, or errors in use of any access control system by Occupant. Additionally, gate control systems may be adversely affected by snow or ice.

Mold: Occupant understands that there is a risk of the growth of mold, mildew, moss and/or algae on the inside or outside of Occupant’s Vehicle. Owner shall not be liable and is hereby released from liability for mold on Occupant’s Vehicle from whatever source and no matter how it occurs. Occupant shall take whatever steps are necessary, including those listed in this Provision, to protect against and prevent mold in/on Occupant’s Vehicle. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Occupant’s Personal Property. Occupant shall periodically inspect the Vehicle and take any and all actions necessary to protect Occupant’s Personal Property from mold/mildew.

Release of Liability: Occupant releases Owner, its employees, agents, successors, and assigns from: (i) any and all liability resulting from damage or loss to Occupant’s Vehicle or Personal Property contained in the Vehicle including, but not limited to, fire, water, the elements, mold or mildew, Acts of God, theft, burglary, vandalism, malicious mischief, mysterious disappearance, pest, and rodent damage; or (ii) the acts or failure to act or negligence of Owner, its employees, or agents. Occupant further releases Owner, its employees, agents, successors, and assigns from any and all liability for personal injuries or death to persons including Occupant and Occupant’s family or invitees arising out of Occupants storage of the Vehicle, use of the Storage Space, and Facility. Occupant understands that this Release of Owner’s liability, including the value limitations and limitation of Owner’s negligence and liability, are bargained for conditions of this Rental Agreement and Owner’s consent to enter into this Rental Agreement, and that if Owner were not released and indemnified from the liability as set forth in Provisions 17 and 18 a much higher Rent would have to be agreed upon or Owner would not enter into this Rental Agreement.

Responsibility to Inspect the Storage Space. Occupant shall immediately notify Owner should Occupant become aware of any noxious odors, sounds, or other conditions, including without limitation, the presence of any mold or similar condition in Occupant’s Storage Space or emanating spreading from or through any other the Storage Space. Upon receipt of such notification, or should Owner become aware of such conditions, Owner may, notwithstanding anything to the contrary to this Agreement, enter Occupant’s Vehicle without notice to make any such necessary inspection, repair, or alteration. Should any such conditions result from Occupant’s use of the Storage Space or from a breach by Occupant of the terms of this Agreement, all costs and expenses incurred by Owner in addressing such conditions shall be paid by Occupant on demand and if not paid, shall become Additional Rent.

Owner’s Lien: Pursuant to the Colorado Self Service Storage Facility Act CRS 38-21.5-101 et seq. the Owner of the self-service storage facility has a lien upon the Vehicle and all stored Personal Property located at the Facility for Rent, labor, or other charges, present or future, including late fees, in relation to the Vehicle and all stored Personal Property and for expenses necessary for its preservation, and expenses reasonably incurred in its sale or other disposition.

Explanation: The Occupant’s Vehicle and all stored Personal Property may be sold to satisfy the lien if Occupant is in Default. Occupant Defaults in any of Occupant’s obligations, particularly the obligation to pay Rent and other charges on time and in full under this Rental Agreement.

Defaults; Owner Remedies: If Occupant breaches any term or condition of this Rental Agreement (a “Default”), Owner in addition to such other rights Owner may have under this Rental Agreement and law shall have the right to terminate this Rental Agreement. If Occupant fails to pay any Rent or other charges when due or if the Rental Agreement is terminated by Owner for cause, Owner may: (i) deactivate the gate access to the Facility upon Default; (ii) boot, chain, or otherwise place a device to deter movement of the Vehicle, after Occupant is in Default and the placement of Owner’s movement deterrent device, along with any written notice sent to Occupant, shall serve as constructive notice that Owner has not received Rent from Occupant for the current Term; however, Rent and other charges shall continue to accrue after deterrence of movement or deactivation of the Vehicle, or access to the Vehicle until the Vehicle is sold, towed, or Occupant cures the Default; (iii) sell or dispose of the Vehicle in the Storage Space as permitted by law; or (iv) pursue any and all remedies available, at law or equity, including a forcible entry and detainer action against Occupant. The act of deterring movement of the Vehicle shall not constitute an election of a remedy by Owner, and shall not constitute Owner taking possession of, or a bailment over, the Vehicle. The obligation to pay Rent and other charges shall not be terminated by the deterrence of movement to deactivation. If Occupant is in Default and a deactivation device is put in place, Owner is not required to remove the chain, boot, or deactivation device or Owner’s lock until Three (3) business days after payment in full has been made. In any case Owner shall not be liable to Occupant for any damages Occupant suffers as a result of not being able to get access to, or move the Vehicle after late payment arising from failure to immediately remove Owner’s deactivation device overlock. In the event of Default, Occupant forfeits any concessions received and rent for the Storage Space shall automatically increase to the current market rate.

Alternatively, If the Occupant is in Default of payment of Rent or other charges for Sixty (60) or more days, under the Rental Agreement, in lieu of sale, the, Owner is authorized to tow the Vehicle from the Facility by an independent towing carrier holding current and valid operating authority from the Colorado public utilities commission.

All remedies available to Owner shall be cumulative and the exercise of one or more remedies shall not exclude or waive Owner’s rights as to any other remedy.

Occupant’s Acceptance of the Storage Space “AS IS”. Occupant inspected or had the right to inspect the Storage Space and Facility before signing this Rental Agreement and finds the Storage Space to be suitable for the purpose for which Occupant rents such Storage Space and accepts the same “as ” Owner makes no express warranties. Owner disclaims and Occupant waives all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law. Occupant acknowledges that Owner’s Agents have no authority to make warranties, express or implied.

Pest Control: Occupant is advised that Owner may use chemicals at the Facility, including around the Storage Space, for pest control. For this reason, no pets are Occupant is solely responsible for arranging, setting, and monitoring and disposing of any pest control devices within the Vehicle, including any tires on the Vehicle. Occupant is advised to provide, set, maintain, and regularly remove, if necessary, any insect or rodent attraction/repellant/trap devices that Occupant deems necessary to protect its Vehicle and Personal Property from loss or damage due to insect or rodent infestations. The only extermination provided by Owner, if at all, is around the Facility containing the Storage Space.

Loitering: The purpose of this Rental Agreement is for renting Storage Space for the storage of Personal It is agreed that in general there is no reason for Occupant to be at the Facility or in the Storage Space, including in the Vehicle in the Storage Space or at the Facility at any time for more than Three (3) consecutive hours. If Occupant, Occupant’s guests, or invitees are in the Vehicle in the Storage Space or at the Facility for more than Three (3) hours a day, this shall be grounds for immediate termination of occupancy.

Snow Removal: Owner, in the event of snow in excess of Six (6) inches, only clears the common drives and parking lots of any snow or ice in the drive aisles of the Facility. It is Occupant’s responsibility to remove all snow in front of the Vehicle (towards the Drive aisle). Occupant is advised that by clearing snow or ice, Owner may create un-natural accumulations of snow or ice (such as piles of snow off the side of a snow plow), which are slippery and which Occupant must clear or step over to access Occupant’s Storage Space. Further, Owner does not begin plowing operations until the snow event has ended. Owner does not warrant at any time that all snow and ice will be removed or completely During snowfalls, if conditions are not deemed safe by Owner to allow Occupant on to the Facility, such access may be denied. The Owner plows drive aisles at the Facility not to the front/rear or in between the Vehicle. Occupant understands that the act of plowing will result in additional snow being placed within the area between the plowing site and the Storage Space and that it is Occupant’s responsibility to either safely remove the snow or ice between the plowed area of the drive aisle and the Storage Space, and to use extreme caution when crossing over the untreated area of the drive aisle between the plowing area and the Vehicle, even if unnatural accumulations of snow or ice are placed in such area.