Senyah Open Air Storage Agreement Terms

OUTSIDE STORAGE LEASE AGREEMENT

THIS AGREEMENT made this Day of [[RENTAL_MOVE_IN_DATE]]

by and between Senyah Open Air Storage, LLC, herein called “Owner”

and “[[CUSTOMER_NAME]]”, herein called “Tenant.”

 

Tenants Address:

[[CUSTOMER_ADDRESS]]

Tenant’s Phone: [[CUSTOMER_CELL_PHONE_NUMBER]]     

Driver’s License: [[DRIVERS_LICENSE_NUMBER]]

Email Address: [[EMAIL_ADDRESS]]

 

EMERGENCY CONTACT

Name: [[EMERGENCY_CONTACT]] 

Phone: [[EMERGENCY_CONTACT_PHONE_NUMBER]]

 

Property being stored:

Year, Make & Model: [[YEAR_MAKE_MODEL_LENGTH]]

 

Tenant hereby agrees to keep all of this information up to date with the owner as it will be the information used for notices. This lease does not require mailed notices although the owner may do that, emails are sufficient notice.

Owner hereby agrees to rent space to Tenant in the outside storage space: [[UNIT]] located at 5421 Lee Street, Lehigh Acres, Fl 33971 under the following terms and conditions. 

Said space shall be as defined on the map of the premises that is in effect at the time that this lease is signed, which space is [[UNIT_SIZE]].

 

TERMS

This agreement is entered into by and between Senyah Open Air Storage, LLC and its agents, hereinafter called Owner, and the above stated Tenant, in reference to above stated property, hereinafter called Vehicle: 

  1. Said outside space is to be occupied and used for the purposes specified herein beginning on the [[RENTAL_MOVE_IN_DATE]] and continuing until terminated or revised.
  2. Owner reserves the right to revise any part of the Lease without advance notice to Tenant. Said revised Lease shall not require Tenant's signature to become effective. 

 

OCCUPANCY CHARGES:

Tenant shall pay Owner all of the following mandatory charges:

  1. RENT plus SALES TAX and associated fees: Tenant shall pay Owner rent monthly in the amount of [[RENT]], plus sales tax.
  2. PRORATION: Rent for the first month of occupancy will be prorated on a daily basis. There will be no proration for the last month of occupancy, nor refunds for early move-outs.
  3. PAYMENT OPTIONS: Credit cards and bank cards are accepted by Senyah Open Air Storage, LLC for payment. No cash or checks are accepted as payment for rent due. Payments are processed at 12:01am on the 1st of each month. Please be sure funds are available BEFORE the 1st.
  4. LATE CHARGE: If Tenant does not pay in full any monthly payment before close of business on the 5th day of the month, he is considered delinquent and will be assessed a late fee of $5.00 per day per each space rented. 

Repeated failure to pay rent timely subjects lease agreement to termination at sole discretion of Owner.

 

HOURS:

GATE ACCESS is 6am to 10pm 7 days

OFFICE HOURS are Monday-Friday 10am to 4pm

 



REMINDERS:

  • SLOW DOWN!
  • ONE VEHICLE AT A TIME THRU GATES! Absolutely no tailgating or piggybacking entry is permitted.
  • Stay ON the gravel - Keep OFF the grass
  • Drive on alleys NOT through empty spaces
  • Take your time parking, even if it means several tries
  • Do not drive over or move chock stops. If you cannot enter/exit your space without hitting/moving chock stops, you need to upgrade to a larger space.
  • The facility does not offer any drive through spaces. Please do not drive through other spaces to park in yours.
  • Clean up after yourself - there is a dumpster on property for your convenience
  • If you need to be on the property outside of gate access hours, coordinate with Management so they do not end up calling the authorities.
  • Report any property damage immediately by calling 941-451-7822, leave a message if no answer.
  • Extra fees may be incurred for failure to follow these reminders and may result in termination of storage agreement
  • Senyah Open Air Storage is under no obligation to give any reminders for failure to follow the terms of this agreement and may terminate the agreement at any time.

 

USE

The Tenant understands and agrees that this lease grants them the right to park a registered and insured vehicle that they legally own on their assigned piece of ground. The unit may be used only for storage of the approved vehicle and owner listed above.

If Tenant wishes to store a different vehicle, Tenant agrees to notify Management within 24 hours and provide all required documents if. Failure to notify and submit documents may result in unregistered vehicles being towed at the discretion of Management. Tenant will be responsible for all charges incurred by the third party towing company. See posted signs for towing company information.

The vehicle shall be properly parked and chocked within rented space, so it is not subject to rolling and that no part of the vehicle extends outside of the assigned space. 

Tenant understands that only one vehicle at a time is permitted to pass through the gates. Absolutely no tailgating or piggybacking entry is permitted - keep in mind all activity is recorded and regularly reviewed. Your card on file will be charged for damage and repairs to the gates. Violators are subject to immediate eviction at the sole discretion of Management.

Tenant agrees that this space is for the long term storage of motorhomes, RV’s, camping trailers, travel trailers, boats & trailers, automobiles, cargo trailers, or semi tractors only. Daily traffic, semi trailers, and heavy equipment are prohibited on the premises. 

Tenant agrees to maintain a current registration and insurance on any vehicle, trailer, boat, motorcycle or any other matters stored on the premises that are required to be registered with a governmental agency. It’s tempting to cancel your insurance while your vehicle is in storage, but it is a requirement to be able to rent.

Tenant agrees to keep the stored vehicle in good repair. All tires must be on the vehicle and no tires may be flat. Tarps are not an acceptable fix for roof leaks. If Tenant needs to temporarily use a tarp to protect the vehicle, or if tires are removed for repair, all repairs must be made within 14 days and the tarp removed, tires replaced, etc.

The space is for parking only and there shall be no repairing, maintenance, or washing of stored items on the premises without prior Management approval. 

Tenant agrees to store all items inside the vehicle.

Storage is not a cheap alternative to a campground, garage or office space. Under no circumstances will staying, sleeping, living, cooking, loitering, conducting business, etc. in/around vehicle or on the premises for any length of time be tolerated. Violators will have their agreement terminated at the sole discretion of Management. Tenant understands that no prior notice is required if determined by Management to be in violation. Tenant agrees if found to be in violation, Tenant will immediately remove vehicle from Senyah Open Air Storage premises or vehicle will be towed by the towing company currently posted at the property and Tenant will be responsible for all fees associated with towing the vehicle. Tenant agrees that Owner will not refund any rental fees whatsoever if found to be in violation by Management. 

Access to the premises is by gate code. The Tenant is responsible for all access using the provided code (for example, if the Tenant gives someone else their code, and this individual causes damage or violates the rules) the Tenant and individual are both liable. The gates of the premises are required by law to be breach-able with force. Any damage to these gates or any other part of the premises or any vehicle are the responsibility of the Tenant. Intentional or reckless damage to the gates or any other part of the premises or any vehicle is grounds for default of this lease in the judgment of Management.  

The Tenant shall not advertise a vehicle or anything it stores on the premises for sale or rent without Owners prior written permission and then only under the terms of that permission. 

If Tenant damages the premises or a vehicle, they are required to notify Management and place a note on the vehicle damaged with all of their contact information as required by law, the same as if you hit an unoccupied vehicle on the street.  Owners insurance does not cover these matters. 

No animals may be kept inside or outside of the stored vehicle.

Tenant may not operate any business, produce any goods or provide any services at the storage facility.  

Tenant shall immediately dispose of all trash, rubbish, and refuse in the provided dumpster. 

Nothing may be stored in or around the vehicle that is flammable, corrosive, organic, biological, chemical, odorous, noxious, or other dangerous or hazardous materials. Any violation of these terms or provisions shall constitute a Default under this Lease and subject the vehicle to immediate removal as a hazard and authorized Owner to contact the necessary enforcement agencies. Tenant shall immediately upon demand remove any vehicle or items that Management determines is in violation of this paragraph.

The Owner, or Management under direction from the Owner, with reasonable suspicion that violation of the lease or laws are present, may investigate the matter including, if necessary, entering the vehicle and/or summoning the appropriate enforcement authorities to do so. 

Tenant shall indemnify, defend and hold Owner harmless from any and all claims, damages and expenses (including attorneys and their associated fees and investigative, remedial and response costs arising out of Tenant violation of this agreement. 

Tenant shall properly lock up and secure all property stored within the space provided. Owner is not responsible for the security of any stored items.

Tenant shall not abandon stored vehicle or any items on the premises at any time. If Tenant shall abandon on said premises or be disposed by the process of law, or otherwise, then Owner shall have the right to take immediate possession of vehicle or items. Tenant is responsible for fees and rental to the end of the lease term even if Tenant’s property has been abandoned.

No Tenant or anyone claiming under them shall direct any mail, packages or deliveries to the premises. Any such matter so directed shall be returned to sender by the Owner or Management. 

The use of the premises is governed by rules which can be changed without notice and when changed will be available on at www.senyahopenairstorage.com/terms. 

The Tenant and through him everyone who has an interest in the item stored grants the Owner a Lien under Florida Statute 83.805. 

The Tenancy on these premises is subject to Part III of the Florida Landlord and Tenant Action Florida Statutes 83.801 – 83.809 and additional statutes and case law governing the same. 

Tenant is responsible to notify Management of moving out. If Tenant moves out but fails to email or speak directly with staff to be moved out of our computer system, Tenant may be auto billed for the next month and there will be no refunds.

These premises are subject to 24/7 audio and video surveillance. The Tenant on behalf of themselves and others they invite on the premises consent to this surveillance and the use of the same in any civil or criminal matter. 

By leaving any items on the property and/or by submitting any payment to Owner, Tenant consents to this storage agreement even if this agreement is not signed.

No other services are promised or leased or provided unless in writing signed by the Management. 

 

MOVE OUT

Moving out requires confirmation by a staff member. 7 days notice is required so that your file may be updated. Call, email or speak directly to a staff member to schedule your move out. Simply removing the stored items does not end the lease agreement. To avoid unwanted fees be sure that you receive an emailed and/or texted confirmation that you are scheduled for move out. There will be no proration for the last month of occupancy, nor any refunds for early move-outs. 

Call (941) 451-7822  Email info@senyahopenairstorage.com

 

ASSIGNMENT

SUBLETTING. Tenant shall not assign this Lease, or sublet all or any part of the space/slot.    

 

CHANGES TO TERMS

The Owner reserves the right, in its sole discretion, to change the Terms under which storage is offered, including the cost of monthly rent. The most current version of the Terms will supersede all previous versions. Your signature indicates you accept the terms of future updates. The Owner encourages you to periodically review the Terms to stay informed of our updates at https://www.senyahopenairstorage.com/pages/terms.

 

INSURANCE

Tenant assumes ALL RESPONSIBILITY for any loss or damage to property, and/or Tenant’s guest’s or invitees’ property, stored or located at Senyah Open Air Storage. 

Owner does not maintain insurance for the benefit of Tenant which in any way covers any loss whatsoever that Tenant may have or claim. Tenant expressly releases owner from any losses, claims, suits and or damage or right of subrogation for losses to said property caused by fire, theft, water, rain storm, tropical/subtropical storm, hurricane, tornado, explosion, riot, rodents, civil disturbance, insects, sonic boom, unlawful entry or any other cause whatsoever. 

Owner will not be liable to Tenant and/or Tenants guests or invitees for any personal injuries sustained by Tenant/and/or Tenant’s guest or invitees while on or about Owner’s premises. Owner will not be liable for damage Tenant and/or Tenants guest or invitees cause to the premises or other stored property or vehicles.

Tenant agrees that Tenant’s insurance information on file with Senyah Open Air Storage may be shared with other Tenant and/or Tenant’s Guest in situations involving damage to property stored or located at Senyah Open Air Storage. 

Under no circumstances will Owner be financially responsible for any loss of use related in any way to any property stored or located at Senyah Open Air Storage  – this includes, but is not limited to, loss of use for vacations, loss of use for employment, loss of use for contracts, loss of use for relocating, loss of use for income, loss of use for recreation or any other loss of use such as reservations, deposits, fuel, food, travel expenses, late fees, and similar or related expenses.

            

DEFAULT

The failure to pay any charge under this lease when billed by email or for any damage done or any other grounds for Default set forth in this lease shall trigger the below provisions. If Tenant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Tenant, Tenant will be considered in default and Owner will take all actions allowed by law and in this lease.          

Time is of the essence as to all matters under this lease that are the obligation of the Tenant. 

Upon 5 Days after a bill is due the Tenant will be considered in Default and is subject to a late fee of $5.00 per Day.

Upon 10 days of Default, the Owner may deny Tenant access to the premises or their space/slot and vehicle pursuant to Florida Statute 83.8055, including disabling Tenants access to the gate, trespassing Tenant from the premises and installing a boot lock on the vehicle or any other reasonable means allowed by law. After a Tenant is notified of this Default, any presence of the Tenant or anyone claiming under them on the premises is grounds for Law enforcement to be summoned and a charge for Trespass after Warning to be made.

Upon of 14 Days of Default, the owner has the right to pursue the Tenant for civil actions as set in this lease and/or the provisions Florida Statute 83.806. 

Upon of 60 days of Default, per Florida Statute 83.806(10) a third-party towing company will remove and store the vehicle at its compound and may sell the vehicle pursuant to the laws governing towing companies. The Name and Address of the Towing Company will be posted on the premises in at least two locations on the Statutory Towing Signs, this towing company will be located within the Statutory distance of the premises. Tenant will be responsible for all charges incurred by the third party. 

 

CANCELATION

Owner may cancel this Lease at any time with or without cause by sending an email to the last known email address for the Tenant. The Tenant may cancel at any time with written notice to Owner. Tenant will be required to move out upon cancellation of agreement and no fees incurred will be refunded.

 

EVICTION

Owner may evict Tenant by appropriate legal procedures or use any other method of enforcement authorized by Florida Law.       

                       

CIVIL REMEDIES

Owner may pursue any civil remedies against Tenant for collection of past due Amounts, regardless of other actions taken by Owner against Tenant, including removal of the property by a 3rd party towing company. Such removal as allowed under Florida Statute 83.806(10) shall not affect the liability of Tenant to Owner. Tenant shall be responsible for reasonable collection and/or attorney fees and costs (including on appeal) and disbursements incurred.

 

NOTICES

All notices, demands or requests by either party shall be in writing and shall be sent by U.S. Mail or email to the Tenant at the addresses set forth in the heading of this Lease.  Either party may change such address by the giving of notice in conformity with this paragraph.  For the purpose of Owners lien, “Last known address” means that address provided by the Tenant in this lease agreement or the address provided by Tenant in a subsequent written notice of change of address to the Owner, in writing.

 

OTHER PARTY INTEREST

Tenant certifies it has furnished Owner with a list of names and addresses of all parties who may own, lease, have a security interest in, or lien upon, any personal property stored on the space.  The list shall specify each item of personal property and shall identify the party who owns, leases or has an interest in it.  Tenant shall indemnify, save and hold Owner and its agents harmless from and against any and all causes of action due to the sale and/or other disposition by Owner of items of personal property stored in the space leased by Tenant in which all parties hold a lien or have any legal interest whatsoever.

 

FIRE CONDEMNATION

If fire or other casualty causes damage to the facility or the facility is taken by way of eminent domain, Owner may terminate this Lease on written notice to Tenant and, upon such termination all rent and other sums owning hereunder shall be paid up to the date of the damage or taking.

 

SUBORDINATION

This Lease is subject and subordinate to any and all present or future ground leases and mortgages affecting the space or the facility.

 

WAIVER

Owner’s acceptance of any total or partial payment or rent or other sum due hereunder shall not be a waiver of any of Owner’s rights or remedies.

 

INSPECTION

Owner reserves the right to inspect all property left on space, and may inspect the contents of items left on the space based on reasonable notice to Tenant, except in cases of emergency when Owner may enter and inspect the space at any time without notice to Tenant.

 

INDEMNIFICATION

Tenant agrees to indemnify, hold harmless and defend Owner from all claims,  demands, and lawsuits (including attorney’s fees and costs) that are brought by others arising out of the Tenant’s use of the space or the facility. Tenant’s indemnity obligation includes, but is not limited to, claims for Owner’s active or passive negligence. WAIVER OF JURY TRIAL. Owner and Tenant waive their respective rights to trial by jury of any action at law or equity brought by either Owner against Tenant, or Tenant against Owner or Owner’s agents or employees, arising out of, or in any way connected to, this rental agreement, Tenant’s use of the storage space or this storage facility.  This waiver applies to any claim for bodily injury; loss of or damage to property, or the enforcement of any remedy under any law, statute or regulation.  This jury trial waiver is also made by Tenant on behalf of any of Tenant’s agents, guests or invitees.

 

LIMIT OF VALUE OF TENANT PROPERTY

As stated in this lease, and restated here, the Owner is not responsible for any damage or loss of Tenant property. In any event, pursuant to Florida Statute 83.806(9) the value of Tenants property is agreed to be One Hundred Dollars ($100.00) and this shall be the limit of said value for the purposes of the relationship between the Tenant and Owner and its Management. 

 

ENTIRE AGREEMENT; GOVERNING LAW

This Lease is the entire agreement between Tenant and Owner and may not be changed or ended orally.  This Lease shall be governed by Florida Law. In the event the Owner is required to obtain the services of an attorney to enforce any of the provisions of this Lease, Tenant agrees to pay in addition to the sums due hereunder an additional amount as and for attorney’s fees and costs incurred. Regardless of the fact that the premises are located in Lee County, Florida, the Tenant hereby agrees that the venue for any civil action may at the option of the Owner by held in Collier County, Florida if allowed by law. Otherwise the venue shall be in Lee County, Florida for any action. 

 

BINDING AGREEMENT

This Lease is binding upon, and shall inure to the benefit of, Owner and Tenant and their respective heirs, legal representatives, successors and assigns.

 

INVALIDITY

If one or more of the provisions of this Lease are deemed to be illegal or unenforceable, the remainder of this Lease shall be unaffected and shall continue to be fully valid, binding and enforceable.

Owner or Management shall only mean those persons who possess a valid Identification Card issued by Senyah Open Air Storage, LLC which Tenant shall ask for before relying on such person for authority. This does not include low level gardeners or similar and does not include any subcontractors. 

Tenant acknowledges that he/she has read, understands and agrees to be bound by terms and Conditions of this agreement of the date specified in above (Pursuant to the Electronic Signature Act of 1996 (ESA) Florida Statutes 668.001-006, your typed name is your Legal Signature.

 

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