Online Version
Redbird Storage, LLC
1302 CR 900 East
Metamora, IL 61548
309-285-2844
This
Storage Agreement ("Agreement") is made and entered into between Redbird
Storage, LLC, an Illinois limited liability company, hereinafter referred to as
"Lessor", and the individual(s) named in the Account Information as reported on
the online account through which this Agreement is accepted, which account
information is hereby incorporated herein by reference, hereinafter referred to
as "Occupant". Occupant certifies that
Occupant is at least 18 years old. Lessor hereby leases to Occupant the unit[s]
assigned to Occupant through Lessor's online rental application (which shall
correspond to the unit dimensions selected by Occupant through the online
application process), located at 1302 County Road 900 East, Metamora, IL, for a
term as set forth below.
1.
TERM: The term of this Agreement shall
be for a term of one (1) month, commencing on the date this Agreement is agreed
to by Occupant and ending at midnight on the same day of the following month,
and shall be automatically renewable on a month to month basis unless
terminated by either party giving written notice to the other party not less
than ten (10) days before the end of the current lease month. In the event Occupant fails to remove all
Occupant's property from the premises by the end of the lease term, Lessor
shall have the option of continuing the lease for an additional one month term
notwithstanding that Occupant has given ten (10) days' notice to terminate the
lease. The Lessor may terminate this Agreement
with or without cause by giving notice as stated above.
2. RENT:
Occupant agrees to pay Lessor as rent for the above stated unit(s), in
advance on or before the first day of each monthly lease term, the monthly rent
per unit as stated on the website of Lessor for the unit(s) rented. In the event Occupant elects (by selecting designated
options on Lessor's website) to pay the rental amounts in advance for six
months or twelve months, Occupant shall pay the discounted rental amounts as
stated for the six-month and twelve-month payments options. Occupant and Lessor understand that selecting
the six-month or twelve-month rental option does not create a six-month or
twelve-month lease term, but rather is prepayment of rent for a month-to-month
lease that is expected (but not obligated) to be automatically renewed. In the event either Lessor or Occupant
terminates the lease before all prepaid rent is expended, Lessor shall return
to Occupant all unused prepaid rent, less any fees, charged, or damages owed by
Occupant to Lessor pursuant to this Agreement.
Lessor
reserves the right to change the monthly rental amount for renewed monthly
terms. In the event the monthly rental
amount is changed by Lessor, the new monthly rental amount shall apply to
Occupant beginning with the second monthly lease term following the month lease
term in which the change occurred.
Occupant's failure to terminate this lease as set forth in Section 1
above prior to said second following monthly lease term shall be deemed as Occupant's
consent to the changed rental amount. Rental
payments shall be made and sent to the name and address of Lessor as set forth
above, or via any other means (e.g. recurring credit card charge or bank ACH,
etc.), provided the method of payment has been approved by the Lessor. LESSOR SHALL NOT BE REQUIRED TO SEND A MONTHLY
STATEMENT TO OCCUPANT FOR RENT OR FEE CHARGES.
3. LATE PAYMENTS. In the event Occupant shall fail to pay all rental
amounts by the first day of the lease term, Occupant shall pay a $10.00 per
month late charge.
4. LOCKS:
Occupant is required to keep the premises locked using one lock per
door. Occupant is limited to using a
single lock, even though there is a place on the door for a second lock. Failure to adhere to the requirements of this
section is grounds for termination of this Agreement.
5. SECURITY DEPOSIT: Occupant shall deposit with Lessor a $25
security deposit per unit as a security, cleaning and damage deposit, to be
held by the Lessor for the faithful performance of the terms of this Agreement. The security deposit shall be refunded to the
Occupant after Occupant vacates the premises leaving it broom clean, less all
charges for cleaning, repairing, replacement of missing or damaged items, or
other amounts due under this Agreement, including any amount necessary to
compensate Lessor for any delinquent rent and late charges owed by
Occupant. Any property left in a unit
shall be considered abandoned and will result in the forfeiture of the security
deposit. Lessor's application of
Occupant's Security Deposit shall not release Occupant from liability for any
additional reasonable expenses for disposing of such property or for damage
exceeding the security deposit.
6. CONDITION AND ALTERATION OF PREMISES: Occupant accepts this unit "AS IS" and as being in good order and
condition acknowledges and agrees that the premises are satisfactory for
Occupant's purposes, including the safety and security thereof. Occupant agrees to keep premises in good
order and condition and not to make any alterations in any way to the premises,
and also agrees to return premises in as good of condition as they were when
rented to Occupant, reasonable wear and tear excepted. Should Occupant damage the premises or make
any alterations in any way, then all costs and expense to restore the premises
to its prior condition shall be borne by Occupant, and the Occupant agrees to
promptly pay these expenses within 10 days after notification by Lessor. Occupant shall be responsible to Owner for
the cost of repair, clean-up, and replacement for any damages to the common
areas of Lessor's facility or personal property of other tenants of Lessor
caused as a result of Occupant's storage and use of the premises.
7. USE, OCCUPANCY, COMPLIANCE WITH LAW: It is understood and agreed that the premises
are to be used only for the storage of property or household goods owned by the
Occupant. Occupant agrees that the
premises will not be used for the operation of any business or unlawful
purposes, and that no explosives, highly flammable materials, perishable,
bio-hazard materials, goods carrying obnoxious odors, or no corrosive,
contaminant or pollutant materials will be stored on the premises. In addition,
Occupant agrees that the unit will not be used for animals or human occupancy
and understands that these units are not climate-controlled (i.e. are not
temperature or humidity controlled) and as such are not suitable for sensitive
items.
8. CONTROL, SUPERVISION, RESPONSIBILITY FOR
LOSS: It is agreed and understood
between the parties that Lessor is merely leasing a storage unit to Occupant. Consequently, no supervision or control will
be exercised over the Occupant, and the Occupant shall have the sole
responsibility to safeguard the property stored in the unit. Occupant hereby expressly releases Lessor
from any and all liability, loss or damage to Occupant's property stored in the
unit. Occupant hereby expressly releases
Lessor from any and all liability, loss or damage to Occupant's property
arising from water leakage, fire, wind, theft or any other causes, should it
occur. Occupant's property within the
unit is placed there at Occupant's sole risk and Lessor shall have no liability
for any loss or damage caused to said property whatsoever. Furthermore, Occupant shall hold Lessor
harmless from all loss to property, third party claims, and injury to, or death
of persons, caused by the use or presence of Occupant, guests, licensees or
invites on the premises, rented from Lessor, should it occur.
9. INSURANCE:
Occupant shall have full responsibility for carrying insurance against
any loss and assumes all risk of loss.
Occupant understands that Lessor does not provide insurance coverage for
any of Occupant's stored property and the value is your own risk.
10. INSPECTIONS:
Upon request by the Lessor, Occupant will cooperate to open the unit at
reasonable times, for Lessor to inspect the premises or make repairs. Lessor and any governmental authority (e.g.
police or fire officials) shall have the right to remove Occupant's lock and
enter the premises, without notice to Occupant, in the event of an Emergency
for the sole purposes of taking such action as may be necessary to preserve
Lessor's personal property or complying with any applicable court order,
warrant, or subpoena. "Emergency" for
purposes of this section is 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 facility, or any other personal
property or chattels stored at the facility.
11. ASSIGNMENT OR SUBLETTING: Occupant shall not sublet or assign any of
the premises without prior written consent of the Lessor.
12. LIEN OF LESSOR. Pursuant to the Illinois Self-Storage
Facility Act (770 ILCS 95/1 et seq.), Lessor and Lessor's successors and
assigns have a lien upon all personal property located at the premises for
rent, labor, or other charges, present or future, in relation to the personal
property, and for expenses necessary for its preservation, or expenses
reasonably incurred in its sale or other disposition pursuant to the Act in
Illinois. Occupant acknowledges that
personal property stored on the premises may be sold or otherwise disposed if
Occupant fails to pay the rental amount or otherwise defaults under this
Agreement.
13. DEFAULT AND REMEDIES: In the event Occupant shall be ten (10) or
more days late in payment of rent due Lessor has the right to OVER-LOCK the unit, and
Lessor shall provide notice to the Occupant of Lessor's pending intent to
dispose of the contents pursuant to law.
Occupant shall forfeit the security deposit in the event of an OVER-LOCK
and Occupant hereby grants to Lessor the right to enter the unit, remove
Occupant's property, consider the tenancy terminated, and re-rent the
premises.
If
Lessor determines, in Lessor's sole discretion, that property (or a specific
item of property) of the Occupant subject to an OVER-LOCK has no marketable
value, or that the cost of auctioning or otherwise selling Occupant's property
would be greater than the proceeds generated thereby, Lessor may dispose of
Occupant's property in any manner Lessor may choose, provided Lessor has given
to Occupant thirty (30) days written notice of Lessor's intent to dispose of
Occupant's property.
Occupant
authorizes Lessor to cut any lock in furtherance of the above purposes, and to
verify any abandonment of the unit for the purpose of inventory, lien, and sale
pursuant to the Illinois Self-Service Storage Facility Act. Occupant releases
Lessor from any and all claims, demands, actions or causes of actions arising
out of the loss of or damage to property arising from Lessor exercising its
rights under this section.
Occupant
shall pay Lessor's service charge on all non-cash able checks, insufficient
funds, rejected charges, or any other event whereby Lessor's payment does not
clear, or notification letters and removal of locks, which charges shall be not less than $20.00
nor more than $50.00. Occupant shall pay
to Lessor a fee of $100 for each newspaper and/or public notices. All charges will be forwarded to the
Occupant.
14. CREDIT/DEBIT CARD AUTHORIZATION FOR PAYMENT
OF RENT AND OTHER CHARGES. If Occupant
has provided or later provides to Lessor credit/debit account information as
part of Occupant's online account, Occupant hereby authorizes Lessor to
automatically charge or debit the credit/debit card account submitted by
Occupant to Lessor on the first day of each lease term, or as soon as
reasonably practicable thereafter, for the full rental amount for that term,
and for any other charges, including, but not exclusively, damages to the
premises caused by Occupant, outstanding rent due, and any default charge,
clean up charges, disposal charges, fees, and any other sums due and owing at
the termination for each and every month Occupant continues to occupy the
premises. This authorization shall
continue and include any increases in rent or other charges assessed to
Occupant. In any circumstance, in the
event Occupant terminates this authorization or the Agreement owing any rent or
other changes due to Lessor, Lessor may charge/debit Occupant's credit/debit
car any sum due and owing upon termination.
The authorization to charge/debt rent or other changes 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 Agreement. Occupant further certifies that Occupant is
the owner of any reported credit/debit account or that Occupant has the
authority to charge or debit said account.
In the event
of a change in Occupant's bank account or credit card information (including
the expiration date), Occupant shall notify Lessor within two (2) business
days.
15. NOTICES AND DEMANDS. Notices as provided
for in this lease shall be given to the respective parties hereto at the
respective addresses designated in the account information of Occupant's online
account and Lessor address one page one of this lease unless either party
notifies the other, in writing, of a different address. Without prejudice to any other method of
notifying a party in writing or making a demand or other communication, such
message shall be considered given under the terms of this lease when sent,
addressed as above designated, postage prepaid, by registered or certified
mail, return receipt requested, by the United States mail and so deposited in a
United States mailbox.
In
the event Occupant changes Occupant's address, phone number, or contact
information, Occupant must notify the Lessor within two (2) business days.
16. ATTORNEY FEES OR COLLECTION FEES: If legal action shall be brought by Lessor
for breach of any covenant or condition contained in this Agreement, then
Occupant shall pay the Lessor all costs, expenses and reasonable fees incurred
by Lessor.
17.
AGREEMENT READ; COPY RECEIVED: Occupant
acknowledges having read, is familiar with, and agrees to all the terms and
conditions of this Agreement.
18. COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and when taken together shall constitute one agreement.
19. BINDING EFFECTS: This Agreement shall apply to and bind the heirs, legal representatives, future owners, and assigns of the parties hereto. No provisions herein, may be waived or modified other than by written agreement. In witness thereof, the Occupant digitally signs and executes this Agreement.
REDBIRD STORAGE, LLC