Last modified: 10/21/2024
OTHER FEES
Security Deposit: $0.00
Administrative Fee: $25.00
Returned Check Fee: $25.00
Lien Sale Fee: $35.00
Advertising Fee: $25.00
Auction Fee: $50.00
NOTICE OF LIEN: PURSUANT TO THE NORTH DAKOTA SELF-SERVICE STORAGE LIEN LAW OWNER HAS A STATUTORY LIEN ON ALL PROPERTY IN OCCUPANT’S STORAGE SPACE AND OCCUPANT’S STORED PROPERTY MAY BE SOLD TO SATISFY THE LIEN IF THE OCCUPANT IS IN DEFAULT.
5229 Storage, LLC d/b/a Premiere Storage ("Owner") rents the storage space indicated above to the Occupant on the terms and conditions set forth below:
TERM: The term of this agreement shall commence on the date the agreement is executed and shall continue on a month-to-month basis thereafter until terminated. The minimum term is one month.
RENT: The monthly rent shall be the amount stated above. The rent shall be paid to Owner or Owner’s agent at the address designated in this agreement. Payment is due on the Rent Due Date stated above of each calendar month, in advance and without demand. Owner reserves the right to require that the rent and other charges be paid by cash, certified check or money order. If any monthly installment is not paid by the Rent Due Date, or if any check in payment is dishonored by the financial institution on which it is drawn, Occupant shall be deemed to be in default. The Occupant's failure to perform any of its obligations under the terms and conditions of this Agreement or the Occupant’s breach of the peace shall also constitute a default hereunder. Owner, at Owner's sole discretion, may accept or reject partial rent payments. Acceptance of partial payments of rent by Owner shall not constitute a waiver of Owner’s rights and Occupant understands and agrees that acceptance of a partial rent payment made to cure a default for non- payment of rent shall not delay or stop foreclosure on Occupant's stored property. Only full payment on Occupant’s account will stop a lien sale.
LATE CHARGES AND OTHER FEES: Occupant agrees to pay Owner the indicated late fee if rent is received five (5) or more days after the due date. A late fee shall be charged each month the rent or any part thereof is past due. Occupant agrees to pay Owner the return check charge stated above plus all bank charges for any dishonored check. These fees are considered additional rent. Occupant also agrees to pay the indicated collection and lien processing fees incurred by Owner.
ADMINISTRATION FEE: Occupant shall pay the non- refundable administration fee indicated above upon executing this agreement.
SECURITY DEPOSIT: Occupant will pay in advance a security deposit in the amount stated above to secure Occupant’s faithful performance of all terms of this agreement. Occupant agrees that Owner need not segregate this deposit from other funds, and that no interest will be due for the period of time during which the deposit is held. This deposit shall be returned to Occupant within thirty (30) days after Occupant surrenders the rented space to Owner, less all charges for cleaning, repairing or otherwise preparing the space for rental to others. At Owner’s sole option, amounts may be withheld from the security deposit to compensate Owner for rent or any other charges due and unpaid under this agreement.
CROSS COLLATERALIZATION OF STORAGE SPACES: When Occupant rents more than one space at this facility the rent is secured by the property in all the spaces rented. Failure by Occupant to pay on any space shall be considered a default on all spaces rented. Owner may exercise all remedies including denial of access to the facility and sale of the property if all rent on all spaces is not paid when due.
DENIAL OF ACCESS: When the occupant has been in default continuously for a period of five (5) days, Owner may deny Occupant access to the storage space.
LOCKS: If applicable, Occupant shall provide, at Occupant’s own expense, a lock that Occupant deems sufficient to secure the space. If the space is found unlocked Owner may, but is not obligated to, take whatever measures Owner deems reasonable to re-secure the space, with or without notice to Occupant.
NO BAILMENT: Owner is not engaged in the business of storing goods for hire and no bailment is created under this agreement. Owner exercises neither care, custody nor control over Occupant’s stored property.
USE OF STORAGE SPACE: Occupant agrees to use the storage space only for the storage of property wholly owned by Occupant. Occupant shall not store food or any perishable items in the space. Occupant agrees not to store collectibles, heirlooms, jewelry, works of art or any property having special or sentimental value to Occupant. Occupant waives any claim for emotional or sentimental attachment to the stored property. There shall be no residential occupancy of the Space by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate termination of this Agreement.
LIMITATION OF VALUE: Occupant agrees not to store property with a total value in excess of $5,000 without the written permission of the Owner. If such written permission is not obtained, the value of Occupant’s property shall be deemed not to exceed $5,000. Nothing herein shall constitute any agreement or admission by Owner that Occupant’s stored property has any value, nor shall anything alter the release of Owner’s liability set forth below.
HAZARDOUS OR TOXIC MATERIALS PROHIBITED: Occupant is strictly prohibited from storing or using materials in the storage space or on the facility classified as hazardous or toxic under any law, ordinance or regulation, or from engaging in any activity which produces such materials.
Owner, at Occupant’s sole expense, may enter the storage space at any time to remove and dispose of prohibited items.
INSURANCE: Occupant, at Occupant’s expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Insurance on Occupant’s property is a material condition of this agreement and is for the benefit of both Occupant and Owner. Failure to carry the required insurance is a breach of this agreement and Occupant assumes all risk of loss to stored property that would be covered by such insurance. Occupant expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of Occupant against Owner, Owner’s agents or employees for loss of or damage to stored property.
RELEASE OF OWNER’S LIABILITY FOR PROPERTY DAMAGE: All personal property stored within or upon the storage space by Occupant shall be at Occupant’s sole risk. Owner and Owner’s agents and employees shall not be liable to Occupant or Occupant’s agents for any loss of or damage to any personal property at the self-storage facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water damage, rodents, insects, mold, mildew, acts of God, the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees.
RELEASE OF OWNER’S LIABILITY FOR BODILY INJURY: Owner, Owner’s agents and employees shall not be liable to Occupant or Occupant’s agents for injury or death as a result of Occupant’s use of the storage space or the self-storage facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees.
INDEMNITY: Occupant agrees to indemnify, hold harmless and defend Owner from all claims and lawsuits (including attorneys’ fees and all costs) that are hereinafter brought by others arising out of Occupant’s use of the storage space and common areas. Occupant’s indemnity obligation includes allegations that Owner or Owner’s employees or agents acted in negligent manner.
RULES AND REGULATIONS: Owner shall have the right to establish or change the hours of operation for the facility and to promulgate rules and regulations for the operation and good order of the facility. Occupant agrees to follow all rules and regulations now in effect, or that may be put into effect from time to time.
OCCUPANT ACCESS: Occupant’s access to the premises may be conditioned in any manner deemed reasonably necessary by Owner. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Occupant’s identity and inspecting vehicles that enter the premises.
OWNER’S RIGHT TO ENTER: Occupant grants Owner or Owner’s agents access to the storage space upon two (2) days advanced written notice to Occupant. In the event of an emergency or nuisance, Owner shall have the right to enter the premises without notice to Occupant, and take such action as may be necessary or appropriate to preserve the premises, to comply with applicable law or to enforce Owner’s rights.
TERMINATION: Fourteen (14) days written notice given by Owner or Occupant to the other party will terminate the tenancy. Owner does not prorate partial month’s rent. Prepaid full month’s rent shall be returned to Occupant within twenty-one (21) days of vacating the unit, provided the space is left vacant and broom clean. Owner may dispose of any property left on the premises by Occupant after Occupant has terminated his or her tenancy. Occupant shall be responsible for paying all costs incurred by Owner in disposing of such property.
NOTICES FROM OWNER: All notices required by this rental agreement shall be sent by first-class mail postage prepaid to Occupant's last known address or to the electronic mail address provided by Occupant. Notices shall be deemed given when deposited in the United States mail or sent to the electronic mail address provided. All statutory notices shall be sent as required by law which may include e-mail. If Occupant provides its e-mail address, Occupant consents to the delivery of notices via e-mail.
NOTICES FROM OCCUPANT: Occupant shall send notices by first-class mail postage pre-paid or electronic mail to the Owner’s postal or electronic mail address provided in this Agreement or written change thereto.
CHANGE OF ADDRESS: Occupant represents and warrants that the information Occupant has supplied is true, accurate and correct and Occupant understands that Owner is relying on Occupant’s representations. Occupant is required to keep all mailing and email addresses current. All postal and electronic mail address changes must be in writing and are valid only when acknowledged by the Owner in writing.
NO WARRANTIES: No expressed or implied warranties are given by Owner, Owner’s agents or employees as to the suitability of the storage space for Occupant’s intended use. Owner disclaims and Occupant waives any implied warranties of suitability or fitness for a particular use. This rental agreement contains the entire agreement between Owner and Occupant, and no oral agreements shall be of any effect whatsoever.
CONDITION AND ALTERATIONS: Occupant assumes responsibility for having examined the Space and hereby accepts it as being in good order and condition. Space sizes are approximate and for comparison purposes only. Spaces may be smaller than indicated in advertising or other size indicators. Occupant shall make no alterations or additions to the storage unit without the prior written consent of the Owner.
NO SUBLETTING: Occupant shall not assign or sublet the storage space without the written permission of the Owner.
CHANGES: All terms of this Rental Agreement, including but without limitation, monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days prior written notice to Occupant. If changed, the Occupant may terminate this Rental Agreement on the effective date of the change by giving Owner ten (10) days prior written notice to terminate after receiving notice of the change. If the Occupant does not give such notice, this Rental Agreement shall be thereby amended and the change shall become effective and apply to his or her occupancy.
CLIMATE CONTROLLED SPACES: Climate controlled spaces are heated or cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Owner does not warrant or guarantee temperature or humidity ranges inside the space due to changes in outside temperature or humidity.
STORAGE OF MOTOR VEHICLES. Motor vehicles and boats may be parked on the premises only pursuant to a written Rental Agreement. Based on the North Dakota self-storage lien law, Owner has the right to tow a vehicle, watercraft, or trailer from the facility, at the Occupant’s expense, when rent and other charges are 60 or more days past due. Owner shall have no liability for damage to the vehicle, watercraft, or trailer when it is towed from the facility. Owner retains its right to collect any unpaid balance due from Occupant.
COMMUNICATION: Occupant recognizes Owner and Occupant are entering into a business relationship as Owner and Occupant. Occupant authorizes and consents to Owner contacting Occupant at Occupant’s residence, email box, cell phone, texting, through social media and by automated telephone calls or texts. Such automated calls or messages may be used for conveying important facility information, marketing or collection purposes. If Occupant no longer wishes to receive communications via automated telephone calls or text message they may “opt-out” of such means of communication by notifying Owner or Owner’s representative of that preference.
RELEASE OF INFORMATION: Occupant hereby authorizes Owner to release any information regarding Occupant and Occupant’s occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
LIEN SALES: Occupant acknowledges that Owner shall determine the method of sale or disposition, which may include an online auction service.MILITARY SERVICE: If Occupant (or spouse) is in the military service Occupant must provide written notice of such to the Owner at the address of the Property. The Owner will rely on this information to determine the applicability of the Servicemembers Civil Relief Act.
GOVERNING LAW; JURY TRIAL; SEVERABILITY: This Rental Agreement shall be governed by the laws of North Dakota. Owner and Occupant 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 with this Rental Agreement, including any action for bodily injury, death or personal property damage. 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.
Do not sign this agreement until you have read it, including the provision on all pages, and fully understand it. This agreement releases the Owner from liability for loss of or damage to your stored property. If you have any questions concerning its legal effect, consult your legal advisor.
Welcome! The following information is for your reference. It contains some important suggestions and pertinent information about the policies of this self storage facility.
VACATING:
Rental Space is to be left clean! No trash is to be left in or about the property. There will be a $100.00 fee assessed if items are left or space is dirty. Dumpsters on this premesis are for company use only and additional charges may be assesed for the unauthorized use of the company's dumpster.
OTHER FEES:
In addition to the fees outlined in the rental agreement, there may be additional fees assesed for other items. These items would include but not be limited to: lien processing, certified mail, photos, inventory, advertising, damage to the property caused by the customer, late access, unauthorized use of dumpster, non-removal of trash, etc.
CHANGE OF ADDRESS:
Change of address will only be accepted in writing submitted by the customer. Change of address must be signed and dated. No other form of address change will be accepted.
MISCELLANEOUS:
a. Please observe speed limits on the property (5 MPH).
b. No pets are allowed on property.
c. Storage of hazardous, flammable, explosive, and food products is strictly prohibited
d. Children are not allowed to be left unattended at anytime while on the property.
e. No smoking is allowed at anytime while on the storage premesis.
f. Management reserves the right to refuse payment by check.
g. Owner or Owner's Agent reserves the right to bid on storage spaces, which are being auctioned for the payment of delinquent rents/fees.
h. We do not send statements, customer is responsible for payment of rent in a timely manner.
i. No Loitering. Tenants must be activley moving items in or out of their storage unit.
j. Tenants found on property after access hours will be given restricted access to their unit or be issued a lease termination at managements discretion.
No employee of the facility has the authority to change or alter any terms of your rental agreement, including the additional rules without the express written permission of the owner or owner's agent . Owner or its management agent will not honor any promises or agreements made, without such written approval.
Customer has read and agrees to the rules described above.
BADER PROGRAM - STORED PROPERTY PARTICIPATION FORM
NEITHER THE STORAGE COMPANY NOR THE LEASING AGENT ARE INSURANCE AGENTS.
DIRECT COVERAGE QUESTIONS TO PROPERTY FIRST GROUP LP - Toll-Free Phone: 888-223-3726
COVERAGE SELECTION
YES, I WANT TO PARTICIPATE IN THE BADER STORED PROPERTY INSURANCE PROGRAM (THE “PROGRAM”) AVAILABLE THROUGH PROPERTY FIRST GROUP LP, a licensed insurance agency, and agree to pay the Monthly Premium when due. I understand and agree that the amount of coverage I have selected below is the maximum amount I may receive for loss to my property and may be subject to a deductible. The deductible amount, if any, will be specified in the Certificate of Property Insurance.
The Program coverage is underwritten by Pennsylvania Manufacturers’ Association Insurance Company (“PMAIC”), under an insurance policy issued by PMAIC to the owner of the self-storage facility. I authorize the owner to receive the Monthly Premium and to send it to Property First Group on my behalf. I acknowledge that the owner may benefit from my purchase of the coverage by receiving a fee for providing administrative services.
COVERAGE PERIOD: My coverage will begin on the later of the following: (i) the effective date of my lease; (ii) after I have properly completed, signed and submitted this Participation Form and made the first Monthly Premium payment; or (iii) if the storage facility is under a wildfire, tropical storm, tornado, or hurricane watch or warning, 12:01 a.m. the day after the warning or watch is lifted. I understand that the Monthly Premium is fully earned and due each month on or before the monthly renewal date. My coverage will continue on a month-to-month basis until (i) I terminate the coverage, (ii) my lease or rental agreement for the storage space terminates, (iii) the owner of the self-storage facility or PMAIC terminates the policy, or (ivi) if I fail to pay the Monthly Premium when due, the date on which my Monthly Premium is overdue by 90 days. Any delinquent premiums will be deducted from loss reimbursements.
SCOPE OF COVERAGE: Coverage is not “all risk”. The coverage provided under the Program is described in the Program brochure provided to me by the facility, and in the Certificate of Property Insurance, and Enrollment Disclosure Summary of Coverage that will be issued to me. I acknowledge I have received and reviewed a copy of the Program brochure. This Participation Form does not describe all of the terms, conditions, exclusions and limitations applicable to my coverage and does not constitute an insurance contract.
REINSTATEMENT: If my Monthly Premium is 90 days overdue, my coverage will automatically terminate. By signing below I authorize Property First Group LP to reinstate my coverage under the same terms and conditions without completing a new Participation Form if I meet all of the following conditions: I pay the Monthly Premium(s) due; I am still renting the same space shown on my Participation Form; and there has been no loss or damage to any property during the lapse of my coverage. If there was loss or damage to any property after my coverage terminated for non-payment, coverage will not apply to that loss or damage.
CONSENT TO ELECTRONIC DELIVERY: I agree to receive all notices and documents related to this coverage via email at the address above unless I contact the Program Administrator at the number below to revoke this consent. I will promptly notify the storage facility if my email address changes.
To access a copy of the certificate of property insurance, go to: www.baderco.com/cert. Or call 1-888-223-3726
BADER PROGRAM ADMINISTRATOR
Property First Group LP.
PO Box 22130 | York, PA 17402
Toll Free Number: 888-223-3726 www.Baderco.com
Agent: Mario Feghali | PA Agency License 588404
General-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in a participation form or in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Not applicable in AL, AR, CO, DC, FL, KS, KY, LA, ME, MD, MN, NJ, NM, NY, OH, OK, OR, PA, RI, TN, VA, VT, WA, and WV.
Alabama-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof.
Arkansas- Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Colorado-It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
District of Columbia-WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.
Florida-Any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or an application containing any false, incomplete or misleading information is guilty of a felony of the third degree.
Kansas-Any person who knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.
Kentucky-Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.
Louisiana-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Maine, Tennessee, Virginia, and Washington-It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.
Maryland-Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Minnesota- A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
New Jersey-Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.
(a) Insurance producers that market self-storage personal property insurance as defined in N.J.A.C. 11:17-1.2 shall provide potential purchasers with written notice: 1. That the renter's or lessee's homeowner's, renter's or business insurance policy may provide coverage for the loss or damage to property located on the self-storage premises and that the purchase of such insurance is not required under the lease terms between the self-storage facility and the renter or lessee; and 2. That the coverage may be canceled within 30 days and a full refund made to the purchaser upon written notice to the producer who sold the self-storage insurance contract or the insurer.
New Mexico-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.
New York-Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
Ohio-Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
Oklahoma-WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
Oregon-Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law.
Pennsylvania-Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
Rhode Island-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Vermont-Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law.
West Virginia-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.