STORAGE LEASE AGREEMENT THIS LEASE AGREEMENT This Lease is made

STORAGE LEASE AGREEMENT THIS LEASE AGREEMENT (“This Lease”) is made this ____________ day of _______________, 2008 (the “Commencement Date”), by and between SCOTT BERESFORD, t/d/b/a 365 STORAGE, having an address of 55 Main Street, P.O. Box 301, Manor, PA 15665 (Landlord), and ____________________________________ a _______________________________________, having an address of _____________________________________________________________________________________ (Tenant); WITNESSETH THAT, in consideration of the rents, covenants and agreements hereinafter set forth, such parties enter into the following agreement: Tenant’s Name: ______________________________________ 2nd Contact Name:___________________________________________ Address: ____________________________________________ Address:___________________________________________________ City, State, Zip: ______________________________________ City, State, Zip: _____________________________________________ Home Phone: ________________________________________ Home Phone: _______________________________________________ Business Phone: ______________________________________ Business Phone: ____________________________________________ Mobile Phone: _______________________________________ Mobile Phone: ______________________________________________ Driver’s License #: ___________________________________ Drivers License #: ___________________________________________ Email address: _______________________________________ Email address: ______________________________________________ Major Credit Card: ___________________________________ Major Credit Card: ___________________________________________ I HEREBY REQUEST THAT THE FOLLOWING PERSONS IN ADDITION TO TENANT ARE AUTHORIZED TO ACCESS THE PREMISES: ________________________________________________________________________________. ARTICLE I - LEASED PREMISES AND TERM Section 1.1. Leased Premises. Landlord hereby leases to Tenant, and Tenant hereby rents and hires from Landlord, space No. ____ as depicted on Exhibit “A” (herein called the “Premises”) in that certain storage facility located and situated at 55 Main Street, Manor, PA 15665 (the “Storage Facility”). The Premises described above shall also include the right, subject to the terms and conditions of this Lease and any and all rules and regulations governing Tenant’s use of the Premises and/or the Common Areas delivered herewith or hereafter promulgated by Landlord and delivered to Tenant or published or posted at the Storage Facility (collectively, the “Rules and Regulations”), to use the Common Areas for the specific purposes set forth herein. Unless indicated by Tenant in writing above and approved by Landlord (as evidenced by Landlord signing this Lease), no person other than Tenant shall be permitted to access the Premises and/or the Storage Facility. Section 1.2. Lease Term. The term of this Lease (hereinafter called “Lease Term”) shall commence on the date hereof and shall continue in effect on a month to month basis until terminated by thirty (30) days prior written notice delivered by either party. At the end of each month of the Lease Term, if neither party has delivered thirty (30) days prior written notice of their intention to terminate, the Lease shall automatically renew on the then existing terms and conditions unless altered in writing and signed by the parties hereto. ARTICLE II - CONDITION OF LEASED PREMISES Section 2.1. Condition of Premises. Tenant has inspected the Premises and Common Areas comprising a portion of the Storage Facility and Tenant’s taking possession of the Premises shall be conclusive evidence of Tenant’s acceptance thereof in satisfactory condition. TENANT AGREES THAT LANDLORD HAS MADE NO REPRESENTATIONS REGARDING THE CONDITION OF THE PREMISES AND TENANT AGREES THAT THE PREMISES SHALL BE LEASED “AS IS, WHERE IS, WITH ALL FAULTS”. 1 ARTICLE III - RENT Section 3.1. Rent. Tenant covenants and agrees to pay to Landlord, without notice or demand, at Landlord’s address set forth above, monthly rent of $ _______, payable in equal monthly installments, in advance upon the first day of each and every month commencing upon the Commencement Date and continuing thereafter through and including the last month of the Lease Term (such monthly installment being hereinafter called “Rent”). Any payment of Rent received after the fifth (5th) day following the date such payment is due shall be subject to a late fee equal to $10.00. Any rent check returned for any reason, including, but not limited to, insufficient funds, shall be subject to a returned check fee of $50.00. Any monthly installment of Rent shall be prorated for any partial months during the Lease Term. Section 3.2. Credit Card; Authorization. Any rental payment that is more than ten (10) days late, Landlord is authorized to charge the above credit card for the monthly rental payment plus any applicable late fee(s). Section 3.3. Landlord’s Expenses. If Landlord pays any monies or incurs any expense to correct a breach of this Lease caused by Tenant or to do anything in this Lease required to be done by Tenant, or incurs any expense as a result of Tenant’s failure to perform any of Tenant’s obligations under this Lease, including, but not limited to, attorneys’ fees and court costs, all amounts so paid or incurred shall, on notice to Tenant, be considered additional rent payable by Tenant with the next installment of Rent becoming due and payable. ARTICLE IV - PARKING AND COMMON AREA USE Common Areas. All parking areas and access roads, entrance ways and exits and common corridors, fire exits and/or Section 4.1. other shared areas comprising a portion of or appurtenant to the Storage Facility or made available or maintained by Landlord in or near the Storage Facility for the common use and enjoyment of all tenants (collectively, the “Common Areas”) shall at all times be subject to the exclusive control and management of Landlord, and Landlord shall have the right, from time to time, to establish, modify and enforce the Rules and Regulations with respect to all Common Areas. Tenant agrees to comply with the Rules and Regulations with respect to the Common Areas. Section 4.2. Use of Common Areas. Tenant (and any person authorized to access the Premises set forth above) shall have the nonexclusive right in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, to use the Common Areas subject to the terms of this Lease and the Rules and Regulations. Tenant shall abide by the Rules and Regulations and cause any other occupants of the Premises to abide thereby. Landlord may at any time close temporarily any Common Areas to make repairs or changes, or for other reasonable purposes. Tenant shall not interfere with Landlord’s or others tenants’ rights to use any part of the Common Areas. Section 4.3. Expense of Operating and Maintaining the Common Facilities. Landlord will operate, manage, maintain, repair and secure or cause to be operated, managed, maintained, repaired, and/or secured the Common Areas, including, but not limited to, lighting, cleaning, painting, insuring, removing debris, and maintaining the structural components of the Common Areas. ARTICLE V - UTILITIES AND SERVICES Section 5.1. Utilities. Landlord shall not provide any utilities for the Premises. Landlord shall be responsible for and shall maintain any and all utilities servicing the Common Areas. ARTICLE VI - USE OF PREMISES BY TENANT Use of Premises. The Premises shall be occupied and used by Tenant solely for storage of automobiles and/or other Section 6.1. items of personal property approved by Landlord and for no other purposes. Tenant covenants and agrees that it shall abide by any and all posted and/or published Rules and Regulations governing Tenant’s use of the Premises. In addition, Tenant shall (i) keep the Premises free and clear of garbage, trash, rubbish and other refuse inside the Premises; (ii) not commit or permit waste or a nuisance upon the Premises; (iii) not permit any items which would be in violation of any law, ordinance, or governmental regulation, including, Department of Health and Fire; (iv) not permit or cause odors to emanate or be dispelled from the Premises; (v) not solicit business in the Common Areas nor distribute advertising materials to, in or upon any Common Area; (vi) not permit the loading or unloading or the parking or standing of vehicles in or upon the Common Areas (except for parking of Tenant’s vehicle in designated parking areas while Tenant is accessing and/or utilizing the Premises); (vii) comply with all laws, recommendations, ordinances, rules and regulations of governmental, public, private and other authorities and agencies; and (viii) not permit any noxious, toxic or corrosive fuel or gas or Hazardous Substance or Hazardous Waste (as defined in the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), as amended, 42 U.S.C. 9601 et seq., or the Resource Conservation and Recovery Act (“RCRA”), as amended, 42 U.S.C. 6901 et seq.),on the Premises. Page 2 ARTICLE VII - MAINTENANCE OBLIGATIONS Maintenance by Landlord. Landlord shall keep or cause to be kept the foundations, roof and structural portions of Section 7.1. the walls of the Storage Facility in good order, repair and condition except for damage thereto due to the intentional acts or omissions of Tenant. This Section 7.1 shall not apply in case of damage or destruction by fire or other casualty or condemnation or eminent domain, in which events the obligations of Landlord shall be controlled by Article XII. Except as provided in this Section 7.1, Landlord shall not be obligated to make repairs, replacements or improvements of any kind to or upon the Storage Facility or the Premises. Tenant shall give Landlord prompt written notice of any accident, casualty, damage or other similar occurrence in or to the Premises, Storage Facility or the Common Areas of which Tenant has knowledge. Section 7.2. Maintenance by Tenant. Tenant shall at all times keep the Premises in good order, condition and repair and clean, orderly, sanitary and safe, and in compliance with applicable laws, ordinances, Rules, Regulations and orders of governmental and public bodies and agencies. If Tenant fails to perform its obligations hereunder, Landlord without notice may, but shall not be obligated to, perform Tenant’s obligations or perform work resulting from Tenant’s acts, actions or omissions and add the cost of the same to the next installment of Rent due hereunder. At the expiration of the Lease Term, Tenant shall surrender the Premises in the same condition as they were on the Commencement Date. ARTICLE VIII - INSURANCE Section 8.1. Landlord maintains property insurance on the Storage Facility and Common Areas ONLY. Landlord does not provide and/or maintain any insurance on the contents of the Premises. Tenant is responsible for procuring their own insurance coverage(s) covering any items kept or stored at the Premises to 100% of their replacement value(s). Such insurance should include fire and extended coverage with a theft, vandalism and malicious mischief endorsement. If Tenant elects not to carry insurance, Tenant will be considered to be “self insured” and shall personally bear the risk of any loss or damage, which would have been covered by such insurance. If Tenant procures such insurance with a licensed insurance company, Tenant expressly agrees that the carrier of such insurance shall waive any right of subrogation against Landlord, Landlord’s agents, officers, principals and/or employees, and evidence such waiver by endorsement to the required insurance policies. Section 8.2. Indemnification. Tenant shall indemnify, save harmless, and at Landlord’s option, defend Landlord, its agents, employees, and mortgagee, if any, from and against any and all liability, liens, claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Tenant’s use, occupancy, management or control of the Premises or Tenant’s operations, conduct or activities in the Storage Facility. ARTICLE IX - SUBORDINATION Subordination. The Lease shall be secondary, junior and inferior at all times to the lien of any first mortgage or Section 9.1. mortgages or other method of financing or refinancing (hereinafter collectively referred to as “mortgage”) that now or hereafter are a lien upon any part of Storage Facility and to all renewals, modifications, replacements, consolidations and extensions thereof, and Tenant shall execute and deliver all documents requested by any mortgagee or security holder to effect such subordination. ARTICLE X - ASSIGNMENT, SUBLETTING Prohibition. Tenant will not sell, assign, mortgage, pledge or in any manner transfer this Lease or any interest therein Section 10.1. (including change of control of any entity), nor sublet all or any part of the Premises, without Landlord’s written consent in each instance. ARTICLE XI - SECURITY DEPOSIT Section 11.1. Amount of Deposit. Tenant herewith has deposited with Landlord $ ______, which shall be held by Landlord and, at Landlord’s option, may be commingled with other funds, without liability for interest, as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease. If Tenant commits a default hereunder, Landlord, at its option may apply said deposit, or any part thereof, to compensate Landlord for loss, cost, damage or expense sustained due to such default. If at the end of the Lease Term Tenant is not in default hereunder, the balance of such security deposit shall be returned to Tenant. Page 3 ARTICLE XII - DAMAGE AND DESTRUCTION Damage to Premises. If the Premises are hereafter damaged or destroyed or rendered partially untenantable for their Section 12.1. accustomed use by fire or other casualty insured under the coverage that Landlord is carrying or all or part of the Premises is acquired or condemned by right of eminent domain, Landlord may, at Landlord’s option, (i) terminate this Lease immediately in which case Tenant shall not be entitled to compensation from Landlord on account of any loss or damage of Tenant’s property due to such damage or destruction to the Premises, or (ii) promptly repair the same to substantially the condition that they were in immediately prior to the happening of such casualty, and from the date of such casualty until the Premises are so repaired and restored, the Monthly Rent payments payable hereunder shall abate in such proportion as the part of said Premises thus destroyed or rendered untenantable bears to the total Premises. ARTICLE XIII - DEFAULT BY TENANT Section 13.1. Failure to Pay Rent; Other Defaults. Landlord’s Rights and Remedies. The following shall be considered for all purposes to be defaults under and breaches of this Lease (hereinafter referred to as “Events of Default”): (a) any failure of Tenant to pay any rent or other amount when due hereunder, (b) any failure by Tenant to perform or observe any of the terms, provisions, conditions and covenants of this Lease for more than ten (10) days after written notice of such failure, (c) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment for the benefit of creditors or makes a transfer in fraud of creditors or admits in writing its inability to pay its debts as they become due; or (d) if Tenant abandons or vacates any portion of the Premises. For purposes of this Lease, Tenant shall be deemed to have abandoned the Premises if (i) Tenant has provided notice of Tenant’s intent to vacate and/or abandon the Premises (ii) Tenant is delinquent in its obligation to pay Rent for 30 days (iii) the contents of the Premises have been seized by process of law. Section 13.2. General Remedies Upon Default. Upon the occurrence of any Event of Default, Landlord may, at Landlord’s option, (a) terminate this Lease, and forthwith repossess the Premises in which event Tenant shall immediately surrender the Premises; (b) enter upon and take possession of the Premises and expel or remove Tenant and any other occupant therefrom, with or without terminating the Lease; (c) alter locks and/or security devices at the Premises; (d) enter upon the Premises and do anything Tenant is obligated to do, Tenant agreeing to reimburse Landlord on demand for any expenses incurred therewith, and Tenant agreeing that Landlord shall not be liable for taking any actions in connection therewith; (e) re-enter and lease the Premises to another party without terminating this Lease, it being expressly agreed that Tenant shall remain liable for all Rent; (f) exercise any and all other remedies available to landlord at law, or in equity, including, without limitation, injunctive relief of all varieties. Section 13.3. Seizure and Sale of Personal Property. Notwithstanding the foregoing, and in addition to any other remedy or right given hereunder or by law or equity, upon the occurrence of the non-payment of Rent or any other Event of Default that continues for a period of thirty (30) days, Landlord shall have the right: (a) to deny the Tenant access to the Premises (by padlocking the Premises or otherwise removing or altering access devices, access code privileges or cards or by any other means Landlord deems necessary); (b) to terminate this Lease, and forthwith enter and repossess the Premises and expel or remove Tenant and any other occupant therefrom and remove all of Tenant’s personal property to another location pending Landlord’s sale of the same pursuant to the Act; (c) to notify Tenant by personal service or certified mail, return receipt requested, of Landlord’s claim and demand payment within 30 days or the personal property will be advertised for sale AND SOLD in accordance with 73 P.S. § 1906 and otherwise in accordance with the Act. ARTICLE XIV - DEFAULT BY LANDLORD Section 14.1. Default Defined. Notice. Landlord shall in no event be charged with default in any of its obligations hereunder unless and until Landlord shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct any such default) after written notice to Landlord by Tenant, specifically describing such failure. ARTICLE XV - TENANT’S PROPERTY Landlord’s Lien. Landlord shall have a lien upon all personal property, while located upon the Premises, for Section 15.1. rent, labor, or other charges, present or future, incurred for storing said property, and for expenses necessary for its preservation, or expenses incurred in the sale or other disposition, pursuant to PA Self Storage Facilities Act, 73 P.S. Sec. 1901 et. Seq. The lien attaches as of the date the personal property is placed at or upon the Premises and Tenant acknowledges notice of the existence of the lien. Page 4 ARTICLE XVI - ACCESS BY LANDLORD Section 16.1. Right of Inspection; Entry. Landlord, its agents and employees shall have the right to enter the Premises from time to time at reasonable times to examine the same, show them to prospective tenants and other persons, and make such repairs, alterations, improvements or additions as Landlord deems desirable. During any apparent emergency, Landlord or its agents may enter the Premises forcibly without liability therefor and without in any manner affecting Tenant’s obligations under this Lease. Nothing herein contained, however, shall be deemed to impose upon Landlord any obligation, responsibility or liability whatsoever, for any care, maintenance or repair except as otherwise herein expressly provided. ARTICLE XVII - HOLDING OVER, SUCCESSORS Section 17.1. Holding Over. If Tenant holds over or occupies the Premises or fails to remove its items of personal property beyond the Lease Term, such holding over shall constitute an Event of Default hereunder and Tenant shall pay Landlord for each day of such holding over a sum equal to twice the Rent prorated for the number of days of such holding over, a pro rata portion of all other amounts that Tenant would have been required to pay hereunder had this Lease been in effect. ARTICLE XVIII - MISCELLANEOUS Section 18.1. Waiver. No waiver by Landlord of any breach of any term, covenant or condition hereof shall be deemed a waiver of the same or any subsequent breach of the same or any other term, covenant or condition. No covenant, term or condition of this Lease (including Tenant’s obligation to pay Rent) shall be deemed waived by Landlord or Tenant unless waived in writing. Section 18.2. Accord and Satisfaction. Landlord is entitled to accept, receive and cash or deposit any payment made by Tenant for any reason or purpose or in any amount whatsoever, and apply the same at Landlord’s option to any obligation of Tenant and the same shall not constitute payment of any amount owed except that to which Landlord has applied the same. No endorsement or statement on any check or letter of Tenant shall be deemed an accord and satisfaction or otherwise recognized for any purpose whatsoever. Section 18.3. Entire Agreement. There are no representations, covenants, warranties, promises, agreements, conditions or undertakings, oral or written, between Landlord and Tenant other than herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless in writing and signed by them. Section 18.4. Submission of Lease. Submission of this Lease to Tenant does not constitute an offer to lease; this Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant. Upon execution of this Lease by Tenant, Landlord is granted an irrevocable option for ten (10) days to execute this Lease within said period and thereafter return a fully executed copy to Tenant. The effective date of this Lease shall be the date filled in on Page I hereof by Landlord, which shall be the date of execution by the last of the parties to execute the Lease. Section 18.5. Notices. All notices from Tenant to Landlord required or permitted by any provision of this agreement and/or from Landlord to Tenant required or permitted hereunder shall be written and sent by registered or certified mail, return receipt requested, postage pre-paid, or by an express mail delivery service, addressed to the party intended to be notified at the address set forth above or by electronic mail or fax. Notice given as aforesaid shall be sufficient service thereof and shall be deemed given three days after the date such notice was sent, as evidenced by the return receipt of the registered or certified mail or the express mail delivery receipt or electronic mail receipt or approved fax sheet, as the case may be. A duplicate copy of all notices from Tenant shall be sent to any mortgagee as provided for in this agreement. Section 18.6. Third Party Property. In accordance with 72 P.S. § 1915, Landlord shall not be liable to Tenant or a third party for the removal or sale of personal property which is not the property of the occupant or upon which a prior lien has attached, unless notice shall have been given to Landlord by Tenant that the property placed in the Premises was not that of the Tenant. Tenant hereby represents to Landlord that any and all personal property stored at the Premises is the sole and exclusive property of Tenant and that such property is not subject to any prior liens, except as follows: __________________________________________________________________________________________________________. Section 18.7. Limitation of Liability. Anything to the contrary herein contained, notwithstanding, there shall be absolutely no personal liability on persons, firm or entities who constitute Landlord with respect to any of the terms, covenants, conditions and provisions of this Lease, including, but not limited to, Landlord’s removal, sale or other disposition of any of Tenant’s property stored at the Premises upon default in accordance with 72 P.S. § 1901 et. seq. In accordance with 72 P.S. § 1904, Tenant shall be responsible for the exclusive care, custody and control of any and all personal property stored in the Premises and Tenant shall bear all risks of loss or damage to such property. In accordance with the foregoing, Tenant shall indemnify, release and hold Landlord harmless from any and all claims of loss or damage to property and/or injury to or death of persons caused by any acts of Landlord and/or other parties occurring on the Premises and in signing this Lease Tenant releases Landlord from any and all liability, loss and/or costs of any kind or damage to Tenant’s personal property stored at the Premises including, but not limited to, fire, rodents, Acts of God, mysterious disappearance, theft, vandalism, burglary and/or other acts beyond the control of Landlord. Page 5 Section 18.8. Broker’s Commission. Each party represents and warrants that it has caused or incurred no claims for brokerage commissions or finder’s fees in connection with the execution of this Lease, and each party shall indemnify and hold the other harmless against and from all liabilities arising from any such claims caused or incurred by it (including without limitation, the cost of attorneys’ fees in connection therewith). Section 18.9. Applicability; Partial Invalidity. For purposes of this Lease, the term Landlord shall by synonymous with “Owner”, and the term Tenant shall be synonymous with “Occupant” regarding the incorporation and/or application of any and all provisions of the Act. If any provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 18.10. Owner Not Warehousemen. It is expressly understood and acknowledged that Landlord is not a warehouseman as defined in 13 Pa. C.S. Sec 7102. The contents of the Premises are the sole property and responsibility of Tenant. Tenant shall be responsible for procuring insurance for such personal property. Landlord is not required to, and will not, issue any warehouse receipt, bill of lading or other evidence of title for any such personal property stored at the Premises by Tenant. Section 18.11. Successors. All rights and liabilities herein given to or imposed upon the respective parties hereto shall bind and inure to the several respective heirs, successors, administrators, executors and assigns of the parties and if Tenant is more than one person, they shall be bound jointly and severally by this Lease. Section 18.12. Applicable Law and Time of Essence. This Lease shall be construed under the laws of the Commonwealth of Pennsylvania without giving effect to its principles of conflicts of law. This Lease shall be considered a Rental Agreement for purposes of the PA Self Storage Facilities Act, 72 P.S. § 1901 et. seq. (collectively, the “Act”). Any and all provisions of the Act not specifically set forth herein are incorporated herein by reference and shall form a part of this Lease. Time shall be of the essence with respect to all of Tenant’s obligations hereunder. IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this Lease as of the day and year first above written. LANDLORD: WITNESS: ____________________________ Sign __________________________ Print __________________________ Sign TENANT: WITNESS: ____________________________ Sign __________________________ Print __________________________ Sign Page 6