TERMS AND CONDITIONS
The Lessor hereby leases to the Lessee the above–described Storage Unit / Yard Space on the following terms and conditions.
- TERMS: Commencing on the date written in this Agreement and ending on the stated end date, or on a month–to–month basis for an indefinite term.
- RENT: Rent is due and PAYABLE IN ADVANCE ON THE COMMENCEMENT DAY ABOVE, each month. The Lessee agrees to pay an additional rent of $10.00 per day that there is rent in arrears, and agrees that all rent in arrears shall bear interest at 24% per annum from the due date to the date of payment. The Lessee also agrees to pay a $75.00 dishonoured cheque charge for any cheque dishonoured or returned to the Lessor for any reason. CUSTOMER SHALL NOTIFY BIGFOOT PARKING & STORAGE IMMEDIATELY IN WRITING, OF ANY ADDRESS AND/OR TELEPHONE OR CREDIT CARD CHANGES.
- TERMINATION OF LEASE: If this Lease is for a fixed term, it shall expire on the expiration date thereof. If this Lease is for an indefinite term, it may be terminated by the Lessee upon not less than 30 days notice from renewal date to the Lessor, or payment of rent in lieu thereof, and by the Lessor upon not less than 30 days notice to the Lessee. The Lessor may cancel the Lease without notice in the event that any rent due under this Lease is more than 7 days in arrears. The Lessee shall remove all of its goods and property from the Unit/Space on or before the termination of the Lease, or within 7 days notice thereof if terminated by the Lessor. Any goods remaining in the Unit/Space more than 7 days after the date of termination shall be deemed to have been abandoned by the Lessee. Final payment will be by signed Visa, MasterCard, Debit card or Cash only.
- RISK OF LOSS, OBLIGATION TO INSURE AND RELEASE: The Lessee acknowledges that the Lessor is only renting storage space to the Lessee and that the Lessor is not a bailee of the property and goods stored therein. The Lessee acknowledges that only the Lessee has knowledge of the nature and value of the contents of the Unit. The Lessee agrees to accept all risk of loss or damage to the goods and property stored in the Unit, including loss or damage by reason of theft, fire, smoke or water damage, mould, vermin, rodent or insect damage caused by negligent acts or omissions of the Lessor or its agents, servants or employees, and the Lessee agrees to insure itself against all such loss or damage, and Lessee does hereby, to the extent permitted by the laws of the Province of British Columbia, forever release and discharge the Lessor, its agents and employees, from and against all claims, suits or demands for loss or damage to any goods or property stored in the Unit, and agrees to indemnify and hold the Lessor harmless from and against any and all claims, damages, costs and expenses, including legal fees on a solicitor and own client basis, arising from or in connection with the Lessee’s use of the Unit/Space, the Lessee’s presence on the Premises or anything done in the Unit/Space or Premises by the Lessee or its agent, employees or their guests resulting in damage or injury to person or property of the Lessee or of any other or to any part of the Premises and from and against all claims for loss or injury which may be made or brought against the Lessor at any time by any persons claiming ownership or other interest in any property or goods stored in the Unit/Space rented by the Lessee.
- PERMITTED USES: The Unit/Space is to be used solely for the storage of the personal property of the Lessee. No business may be conducted in or from the Unit. The Lessee agrees to comply with all reasonable rules and regulations published or posted on the Premises from time to time by the Lessor concerning the use of the Unit/Space and the Premises. THE LESSEE MAY NOT USE THE UNIT/SPACE FOR THE PURPOSES OF REPAIRS, RENOVATIONS, OR ANY OTHER ACTIVITY OTHER THAN THE STORAGE OF GOODS AND PROPERTY.
TERMS AND CONDITIONS CONTINUED
- PROHIBITED GOODS AND PROPERTY: No explosives, volatile or otherwise dangerous substances, noxious, perishable or noisesome items, foodstuffs or other perishables, animals, birds, fish or other living beings, organism, or any dead animal or carcass, motor oil, batteries, waste materials of any description, hazardous waste as defined by the Waste Management Act of British Columbia may be stored in the Unit/Space nor any other goods or substances the storage of which in the Unit/Space would be prohibited by any law, or which may be a breach of any insurance policy of the Lessor or which may result in any increases in the Lessor’s insurance or operating costs. The Lessee agrees to remove from the Unit/Space any goods or property in contravention of this provision promptly upon receipt of a notice thereof from the Lessor, and agrees to pay as additional rent, a PROHIBITED GOODS RENTAL FEE of $50.00 per day from the date of such notice to the date of the removal of the prohibited goods or property.
- RENTED IN AS IS CONDITION: The Lessee accepts the Unit/Space in its present condition and agrees to keep it clean and in good repair. The Lessor makes no representations or warranties as to the security, temperature, humidity, ventilation, weather–proofness or suitability for any purpose other than temporary storage of non–perishable durable goods. The Lessee acknowledges inspecting the Unit/Space prior to accepting the same to ensure it will satisfy needs.
- REPAIR AND MAINTENANCE BY LESSEE: The Lessee must maintain the Unit/Space during the Lease and keep it in good condition, reasonable wear and tear only excepted and shall keep the Unit/Space and the Premises surrounding it in a neat and tidy condition. The Lessee shall not penetrate the walls, ceiling, floor or door of the Unit/Space with nails, screws, bolts or other devices and shall not cut, drill, modify or alter the Unit/Space in any manner, without the prior written permission of the Lessor. The Lessee shall promptly repair all damage to the Unit/Space during the term of the Lease. In the event any damage is caused to the Unit/Space and is not immediately repaired by the Lessee, the Lessor shall have the right to enter the Unit/Space and repair such damage and the reasonable cost thereof shall be charged to the Lessee. Upon termination of the Lease, the Lessee shall remove the contents thereof and shall repair any damage to the Unit/Space, and shall, at the option of the Lessor, also remove any modifications, additions, or alterations made to the Unit/Space and shall return the Unit/Space to the Lessor in the same condition it was at the commencement of this Agreement, usual wear and tear excepted. The Lessee shall be responsible for all leakages and spill in the Unit/Space and shall clean up the same and shall refinish or repaint the floor of the Unit/Space if disfigured by any spillage of the Lessee’s property or Lessee’s actions.
- ACCESS AND ENTRY BY LESSEE: The Lessor shall permit the Lessee, when not in default, access to the Unit/Space during the regular operating hours of the Premises. Access shall be by way of access code, which the Lessee shall not cause or permit any other persons to use. Access may be subject to reasonable rules and regulations for the proper and efficient management of the Premises, including verification of the Lessee’s identity and requiring the Lessee to sign in and sign out upon entering and leaving the Premises. The Lessee shall park any vehicles in permitted areas only. The Lessor shall not be required to enquire into or determine the identity or authority of any person purporting to be the Lessee, or claiming to be authorized by the Lessee to access the Unit/Space.
- ENTRY BY LESSOR: The Lessor or its agents may enter the Unit/Space and may inspect the contents thereof for the purposes of determining the Lessee’s compliance with the terms of this Lease, and may remove from the Unit/Space any prohibited goods or property at any time that the unit is locked or unlocked, and at any other time upon three days written notice to the Lessee, or without notice in the event of an emergency. The Lessor may remove any locks for such purpose, provided it shall replace the same at the Lessee’s cost and provide the Lessee with a key thereof upon request.
- LOSS OR EXPENSE: If the Lessor shall suffer any damage or loss or be obliged to make a payment for which the Lessee is liable by reason of the failure of the Lessee to observe or comply with any of the terms of this Lease, or for any other reason, or if the Lessor shall incur any expenses in giving effect to any term or provision of this Lease or in pursuing any permitted remedy upon a breach or default by the Lessee, including reasonable Solicitor’s fees where it shall be deemed necessary for the Lessor to retain the services of a Solicitor for the purposes of collecting rent in arrears or any other moneys properly due and owing, or of enforcing the performance of any of the terms of this Lease, then the Lessor shall have the right to charge the cost or the amount of any such damage, loss, expense or payment to the Lessee and all such amounts shall be deemed to be rent due under this Agreement.
- GRANT OF SECURITY INTEREST: As continuing for the payment when due by the Lessee of all rent and other amounts payable hereunder by the Lessee to the Lessor, the Lessee hereby grants to the Lessor a security interest by way of a mortgage charge and lien against all of the property and goods of the Lessee stored in the Unit/Space that is the subject matter of this Lease, including all proceeds thereof (the “Collateral“), and the Lessee agrees that the Lessor shall have all of the rights against the Lessee and the Collateral contained in part of the Personal Property Security Act of British Columbia, including the right to seize and sell the Collateral upon any default in payment by the Lessee. The Lessee waives any right to receive a copy of any financing statement filed in the Personal Property Registry with respect to the security interest granted herein. This grant of security is in addition to and not in substitution or derogation of all other rights and remedies the Lessor may have against the Lessee and its property upon default by the Lessee, including its rights under and pursuant to the Warehouseman’s Lien Act of British Columbia.
TERMS AND CONDITIONS CONTINUED
- NOTICE: Any notice required or permitted under this Lease to be given to the Lessee shall be deemed to have been received by the Lessee if posted on the Unit and either delivered to, or mailed by pre–paid mail addressed to the Lessee at its address above, or such address as the Lessee may by notice in writing deliver to the Lessor. Any notice required or permitted under this Lease to be given to the Lessor shall be in writing and delivered to the office of the Lessor at the Premises on which the Unit is located.
- ASSIGNMENT OR SUBLETTING: The Lessee shall not assign this Lease or any part thereof, nor sublet the Unit/Space, nor permit any other person to use the Unit/Space, or to store any property or goods therein, without the prior written consent of the Lessor. The Lessor may at any time assign this Lease, in which event the Lessor shall no longer be responsible or liable under the terms of this Lease and all the covenants, conditions and obligations of the Lessor will be binding on its assignee and its assignee will be entitled to enforce all the provisions of the Lease against the Lessee.
- JOINT AND SEVERAL LIABILITY: If the Lessee consists of more than one person, then all agreements and obligations of the Lessee hereunder shall be the joint and several agreements and obligations of each person comprising the Lessee.
- WAIVER: The failure of either part to insist upon strict performance of any obligation or condition contained in this Lease or to exercise any right or option hereunder shall not be construed as a waiver or the relinquishment for the future of any such obligation, condition, right or option.
- ENFORCEABILITY: If any part of the Lease is held to be unenforceable for any reason, in any circumstance, the parties agree that such part shall be enforceable in other circumstances, and that all remaining parts of this Agreement will nevertheless be valid and enforceable in all circumstances.