LEGAL TERMS OF AGREEMENT
1. USE OF STORAGE STALL
The stall (“Stall”) assigned to the Renter shall be used by the Renter for storing the Renter’s recreational vehicle (“RV”) in accordance with the Renter’s Obligations. The Renter shall not at any time use the Stall as a Mobile Home Site as such term is defined in the Mobile Home Sites Tenancies Act, R.S.A. 2000 M-20. Any environmental contamination of the Stall occurring during the Storage Term as a result of the Renter’s use of the Stall will be remedied at the sole cost and expense of the Renter.
2. RELEASE AND INDEMNIFICATION OF WHEELERS
All property kept or stored in the Stall shall be so kept or stored at the risk of the Renter. The Renter releases WHEELERS from every claim it has or might have in connection with anything that has occurred or might occur on or in connection with the Stall. The Renter shall also indemnify WHEELERS and save it harmless from any and all loss (including loss of fee and other amounts payable by the Renter pursuant to this Rental Agreement) claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising from or out of this Rental Agreement, or any occurrence in, upon or at the Stall, or the occupancy or use by the Renter of the Stall or any part thereof, whether or not WHEELERS, its agents, servants, employees or other persons for whom it may be in law responsible, are negligent. If WHEELERS shall, without fault on its part, be made a party to any litigation commenced by or against the Renter, the Renter shall protect, indemnify and hold WHEELERS harmless and shall pay all costs, expenses and reasonable legal fees incurred or paid by WHEELERS in connection with such litigation.
“WHEELERS” in this Paragraph 4 means the party of the first part of this Rental Agreement, and includes the owners of (i) the freehold, and (ii) the owners, if any, of the leasehold title of the lands within and comprising the Storage Centre, as well as all of their respective officers, directors, employees, agents and contractors.
3. ASSIGNMENTS OR SUBLETTING
The Renter shall not assign this Rental Agreement in whole or in part, nor sublet all or any part of the Stall, not permit any other person, firm or corporation to use or occupy the Stall without the prior written consent of WHEELERS, which consent may be arbitrarily or unreasonably withheld.
4. RULES AND REGULATIONS
WHEELERS may make, from time to time, rules and regulations with respect to the Stall and the Renter shall comply with and observe them if it receives notice of them, or ought reasonably to be aware of them.
All notices, demands, requests or other instruments which may or are required to be given under this Rental Agreement will be in writing and deemed to have been received five (5) Business Days after the postmarked date thereof if sent by registered mail, the next Business Day following transmission if sent by fax, or at the time of delivery if hand-delivered (including prepaid courier), and will be addressed as follows:
IF TO WHEELERS:
MAIL: WHEELERS Storage.
54102 RR 264
STURGEON COUNTY, AB
If to the Renter, such notices will be delivered to the address provided by the Renter.
For the purposes of the foregoing a “Business Day” means any day on which commercial banks are open for business in EDMONTON, Alberta, but does not, in any event, include a Saturday, Sunday or a statutory holiday.
The Renter shall not register this Rental Agreement or any notice of it against the lands or any part thereof comprising the premises.
All rights and liabilities granted to, or imposed upon the respective parties hereto, extend and bind the successors and assigns of WHEELERS and the heirs, executors, administrators and permitted successors and permitted assigns of the Renter, as the case may be. If there is more than one Renter, they are all bound jointly and severally by the terms, covenants and conditions of this Rental Agreement. No rights, however, shall ensure to the benefit of any assignee of the Renter unless the assignment to such assignee has been approved by WHEELERS in writing as provided by paragraph 5 of this Rental Agreement.
8. SPECIAL CONDITIONS
Notwithstanding anything herein contained to the contrary, WHEELERS has the right to (i) relocate the Stall to an area of comparable size; or (ii) terminate the Renter’s right to use the Stall, in either case, on thirty (30) days’ prior written notice.
a) The Renter shall have access to his or her Unit(s), 12 hours per day between 8am and 8pm, 7 days a week, as long as their account is in good standing.
a) The Renter shall pay the total Monthly Rental Amount and all other charges (“Other Charges”) when the same become due. Other Charges will include but are not limited to, NSF charges, third party repair or contracting bills, maintenance costs, or any other expense incurred pursuant to the terms described in this Rental Agreement.
b) The Renter shall not interfere in any significant way with the rights of WHEELERS or other Renters on the premises.
c) The Renter shall not perform any illegal acts or carry on any trade, business or occupation on the premises.
d) The Renter shall not endanger persons or property on the premises.
WHEELERS STORAGE REPRESENTATIVE: M. Wheeler
e) The Renter shall not make any repairs, alterations, replacements or improvements to any part of the Stall or premises without exception. Damage caused by the Renter will be repaired by a third-party contractor at WHEELERS discretion. Any such repairs will be billed to the Renter as Other Charges.
f) The Renter shall at all times during the term of this Rental Agreement (the “Storage Term”), at its sole cost, keep their stall clean and maintain a tidy site. A $45 charge will be implemented for failure to do so.
g)The Renter shall at the expiration of the Storage Term, deliver vacant possession of the Stall to WHEELERS in a clean and tidy condition. Should ANY items be left behind a cleanup fee of $45 will be charged to the card on file.
h) The Renter shall not keep, use or store in or upon the Stall any firearms, explosives, toxic chemicals, or any article, which may be prohibited by any fire insurance policy in force from time to time covering the premises. This does not include household chemicals and propane or other fuels as part of the vehicle or trailer, which are allowed.
i) The Renter shall not allow his or her stored item/unit to extend outside of the area designated as his or her stalls 40 ft x 12 ft dimensions. If the Renter obstructs the use of an adjacent stall the Renter will be charged the fee for the adjacent stall.
J) The Renter represents and warrants that he or she is in lawful possession of all goods stored in or on the Stall.
The Renter AGREES TO ADVISE WHEELERS IN WRITING OF THE FULL NAME AND ADDRESS OF ANY PERSON OR CORPORATION OTHER THAN THE RENTER WHO HAS AN INTEREST IN ANY OF THE GOODS STORED IN OR ON THE STALL. WHEELERS may require the Renter to advise WHEELERS in writing of the name of any person authorized by the Renter to have access to the Stall. The Renter shall be legally responsible for any damage, loss or injury caused by any person brought onto the premises by the Renter, or visiting the Stall with the Renter’s permission. WHEELERS will not knowingly release any property to any other person/corporation than those listed on the Rental Agreement; however, access to the site implies that any owner wishing, can remove their RV at their discretion.
k) The Renter shall not empty, dispose of, drain or otherwise release the contents of their RV’s grey or black water holding tanks on the property of Wheelers RV Storage. Should the Renter fail to adhere to this policy in any amount there will be a $1000 charge to the Renter’s credit card to cover environmental cleanup charges.
9. SALE OF RENTER’S GOODS/PROPERTY IN THE EVENT OF DEFAULT
If WHEELERS has not received payment of the Rental Amount, or any other charges (“Other Charges”) that may become due pursuant to this Rental Agreement, on or before the Due Date, then the Renter will be considered to be in default until such time as WHEELERS has received payment of all outstanding Rental Amounts and/or Other Charges.
When the Renter is in default, WHEELERS may place a Wheel lock on the RV and the Renter shall not be entitled access to his or her RV and the RV will not be moved off the Stall until the Renter is no longer in default. Under no circumstances may the Renter remove any goods from the RV or move the RV from its Stall while the Renter is in Default.
The Renter agrees that if the Renter is in default exceeding 90 days, WHEELERS may sell the goods or RV in the Stall according to the procedure for sale of goods subject to a lien set out in the Warehouseman’s Lien Act, R.S.A. 1980 W-3, provided that WHEELERS has made attempts to contact the Renter and reasonably believes that the public auction sale of the goods in the Stall would not exceed the costs associated with such sale, WHEELERS may sell or otherwise dispose of the goods in any manner it sees fit.
10. UNLAWFUL DUMPING
Any Renter who dumps their holding tanks of wastewater, black tank, or grey tank will be charged a $1000 biohazardous waste clean up fee to the credit card on file.