Storage License Agreement
THIS LICENSE is executed March 02, 2022 by and between Black Mountain Storage Inc. (“Licensor”) whose offices are located at 1868 East 8th Ave, Vancouver, BC, V5N 1T8 and CUSTOMER (“Licensee”) whose address and alternate address are set forth below:
Licensee Information
Address: _________
Address Line 2: ______
City, Province: ________
Postal Code:______
Phone #: ___________
Unit No. ___ approximately __x __ in Size.
FEES AND CHARGES:
$____ Monthly rent (Due on or before 1st day of each month)
$15.00 Late charge for rent outstanding as of the 10th day of each Month
$50.00 Auction fee / Removal fee if your account is delinquent for Thirty‑One (31) days (Whether or not Sale Occurs)
$75.00 Cleaning fee if the Premises or Property is left in an unsatisfactory condition
$40.00 Lost Key / Replacement Lock Fee
By signing this agreement, the Licensee acknowledges that the above information is correct; that all payments are due before the close of business on the day indicated and shall be applied to the oldest delinquency first, including rent, late charges, fees and all other amounts which have become due; that Licensee understands and agrees to pay the amounts as indicated above and all taxes set out in section 26 hereof; and the Licensor reserves the right to require that any amount due hereunder be paid in cash, certified cheque, credit card, debit, or money order sent to 1868 East 8th Ave, Vancouver BC, V5N 1T8.
It is further agreed by and between Licensor and Licensee as follows:
1. PURPOSE; DESCRIPTION OF PREMISES, PROPERTY. Licensor licenses to Licensee the Premises with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereunder. The Premises are located in certain designated areas licensed by the Licensor from _____ (the “Property”). Excluded from the Premises are the outer surfaces of all walls, of the door, and of the roof enclosing the Premises. Licensee acknowledges and agrees that the sole rights granted by Licensor to Licensee hereunder are the right to use the Premises pursuant to the terms of this License and a right to access the Premises for such use only during such hours and days as are regularly posted at the Property, Licensee is not granted any right to use the Property in any way, but for such access. Licensee acknowledges and agrees that the Premises are satisfactory for all purposes for which Licensee shall use them.
2. TERM. The term of this License shall commence as of the date first above written and shall continue from the first day of the month immediately following such date on a month-to-month basis until terminated.
3. RENT. Licensee shall pay to Licensor for use of the Premises a basic monthly rent, without abatement, deduction, set-off, prior notice, demand, or billing statement, in the amount of $125.00 per month, plus any applicable taxes, in advance on the first day of each calendar month. Licensee shall remit a cheque for the rent to the Licensor at the address of the Licensor set out on page 1 of this License, unless otherwise agreed by the Licensor. If the term of this License commences on a day other the first day of the calendar month, Licensee shall pay in advance rent for the pro-rated portion of the month in which this License begins. Licensee understands and agrees that under no circumstances will Licensee be entitled to a refund of the first month’s basic rent paid upon the execution of this License, and thereafter, if this License terminates on a day other than the last day of a calendar month, Licensee shall be entitled to a refund of a pro-rated portion of the rent for the month in which the termination occurred. The monthly rent may be adjusted by Licensor effective in the month specified in the written notice by Licensor to Licensee. Such notice shall be given not less than thirty (30) days prior to the first day of the month for which the adjustment shall be effective. Any such adjustment in the monthly rent shall not otherwise affect the terms of the License and all other terms of this License shall remain in full force and effect. If Licensee fails to pay the adjusted rent upon the first day of the calendar month in which it becomes effective, Licensee shall at Licensor’s option be conclusively deemed to have terminated this License as of the day immediately preceding such first day and to be over holding without the consent of Licensor, and Licensor shall have recourse to its remedies as set out in this License and any remedies at law. All other charges incurred pursuant to this License, shall be deemed as basic monthly rent, and Licensor shall have all of the same rights against Licensee for default in payment of such charges as Licensor would have against Licensee for Licensee’s default in the payment of basic rent.
4. FEES
(a) All amounts payable hereunder shall be paid in advance on the first day of each calendar month.
(b) In the event Licensee shall fail to pay the rent due in any calendar month by the tenth (10th) day of such month, Licensee shall pay on each such occasion, in addition to any other amounts due, a late charge of $15.00 as an additional rent.
(c) If Licensee is delinquent in the payment of rent or other amounts due under this License for more than thirty-one (31) days, Licensee shall pay an auction or removal fee of $50.00 for Licensor's costs in processing the delinquent account, including any sale costs, whether or not a sale occurs.
(d) If in the opinion of Licensor the Premises is left in an unsatisfactory condition upon termination of this License, Licensee shall pay a cleaning fee of $75.00.
5. USE OF PREMISES AND COMPLIANCE WITH LAW. Licensee shall store only personal property owned by Licensee and shall not store property claimed by another or in which another has any right, title or interest. Because the value of the stored personal property may be difficult or impossible to ascertain, Licensee agrees that under no circumstances will the aggregate value of all personal property stored in the Premises exceed, or be deemed to exceed, $5,000. Licensee may store personal property worth substantially less than $5,000, and nothing contained herein shall be evidence or admission by Licensor that the aggregate value of the personal property stored in the Premises is, will be, or is expected to be, at or near $5,000.
Licensee understands and agrees that Licensor need not be concerned with the kind, quantity, ownership or value of personal property or other goods stored by Licensee in or about the Premises. Licensee shall not store any packaged food or perishable goods, flammable materials, firearms, ammunition, explosives or other inherently dangerous material, nor shall Licensee perform any welding in the Premises or the Property. Licensee shall not store any personal property on the Premises which would result in the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to Hazardous Materials (as defined below), waste disposal and other environmental matters. Licensee shall comply with all laws, rules, regulations and ordinances of any and all governmental authorities concerning the Premises and its use. Licensee shall not permit any Hazardous Materials to be stored in the Premises or the Property. For purposes of this License, “Hazardous Materials” shall mean any hazardous or toxic substance, material or waste that is or becomes regulated under any applicable local, municipal, regional, provincial or federal law or regulation.
Licensee shall not use the Premises in any manner that will, in Licensor's sole opinion, constitute waste, nuisance or unreasonable annoyance to other tenants in the Property. Licensee acknowledges and agrees that the Premises are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as books, records, writings, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value to Licensee, or records or receipts relating to the stored goods. Licensee agrees that the value of any such items shall not exceed the salvage value of the raw materials of which the item is constituted, Licensee acknowledges that the Premises may be used for storage only, and that use of the Premises for the conduct of a business or for human or animal habitation is specifically prohibited.
By Signing this agreement, Licensee acknowledges that the Licensee has read and understands the provisions of this section 5 and agrees to comply with its requirements.
6. LIMITATION OF LICENSOR’S LIABILITY; INDEMNITY.
(a) Neither Licensor nor its representatives, affiliates, servants, employees, officers, directors, invitees, licensees, agents or any other for whom Licensor may at law be responsible (collectively, “Licensor's Agents”) shall be liable for any loss, injury or damage derived from any cause, including the negligent or deliberate acts or omissions of Licensor or Licensor's Agents, to persons using the Premises and Property or to vehicles or their contents or any other property therein or thereon, or for any damage to property entrusted to Licensor or Licensor's Agents, or for the loss of any property by theft or otherwise, and all property located, kept or stored in or about the Premises shall be so located, kept or stored at the sole risk of Licensee. Licensor and Licensee further specifically agree that Licensor and Licensor's Agents shall not be subject to any duty or liability under and are hereby expressly exempt from Occupiers Liability Act, R.S.B.C. 1996, c.337 or similar legislation as maybe in force from time to time.
(b) Neither Licensor nor Licensor's Agents shall be liable for any injury or damage to persons or property resulting from faulty materials or workmanship or any other defect in the Premises and Property, or fire, explosion, steam, electricity, water, rain, snow, dampness; the acts or omissions of others, criminal or otherwise; or from any other cause whatsoever, whether such injury or damage resulted or did not result from the negligent or deliberate acts or omissions of Licensor or Licensor's Agents. Without limitation, Licensor and Licensor's Agents shall not be liable for any loss or damage caused by acts or omissions of other tenants or occupants of space in the Property, their employees or agents, or of any other persons, or for damage caused by the construction of any public or quasi-public works; and in no event shall Licensor be liable for any consequential or indirect damages suffered by Licensee.
(c) Licensee shall indemnify and save Licensor and Licensor's Agents harmless against all liability, claims, damages or expenses due or arising out of any act or neglect by Licensee or Licensee's representatives, affiliates, servants, employees, agents, invitees or licensees or any other for whom Licensee may at law be responsible (collectively, “Licensee's Agents”) on and about the Premises and the Property or due to or arising out of any breach by Licensee of any provision of this License, including liability for injury or damages to the persons or property of Licensee's Agents on and about the Premises and the Property.
By Signing this agreement, Licensee acknowledges that the Licensee has read and understands the provisions of this section 6. The provisions of this section 6 shall survive the expiry or termination of this License.
7. INSURANCE. ALL PROPERTY IS STORED BY LICENSEE AT LICENSEE’S SOLE RISK, THE PURCHASE AND MAINTENANCE OF A POLICY OF INSURANCE COVERAGE FOR THE STORED PERSONAL PROPERTY IS LICENSEE’S SOLE RESPONSIBILITY. Licensee understands that Licensor will not insure Licensee's property. To the extent Licensee does not obtain insurance coverage for the full value of Licensee's personal property stored in or about the Premises, Licensee agrees Licensee will personally assume all risk of loss. Licensor, Licensor's Agents will not be responsible for, and Licensee hereby releases Licensor, Licensor's Agents from any responsibility for, any loss, liability, claim, expense, damage to property or injury to persons (“Loss”) including without limitation any Loss arising from the active or passive acts, omission or negligence of Licensor, Licensor's Agents (the “Released Claims”). Licensee waives any rights of recovery against Licensor and Licensor's Agents, for the Released Claims, and Licensee expressly agrees that the carrier of any insurance obtained by Licensee shall not be subrogated to any claim of Licensee against Licensor or Licensor's Agents. Licensee further acknowledges that ______ and ______'s representatives, affiliates, servants, employees, officers, directors, invitees, licensees, agents or any other for whom ______ may at law be responsible (“______”), will not be responsible for any loss, liability, claim, expense or damage to the Licensee’s property stored upon the Premises.
By Signing this agreement, Licensee acknowledges that the Licensee has read and understands the provisions of this section 7 and agrees to comply with its requirements.
8. DEFAULT AND REMEDIES. If Licensee fails to make any payment of any amounts payable herein as and when such payment becomes due and/or if Licensee defaults in the performance of any of its other obligations hereunder, and such non-payment or other default continues for a period of ten (10) consecutive days, then all unpaid rent and all other amounts payable hereunder shall be forthwith due and payable in their entirety and, in addition to any other rights or remedies to which Licensor is entitled hereunder or at law. Licensor shall have the following rights and remedies which are cumulative and not alternative: (a) to terminate this License; or (b) to remedy any default of Licensee as hereinafter described. Licensor may from time to time resort to any or all rights and remedies available to it in the event of any default hereunder by Licensee, either by any provision of this License or by statute, or as provided by the Rent Distress Act R.S.B.C. 1996 or in equity, all of which rights and remedies shall be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to Licensor at law or in equity.
Upon any termination of this License, if any personal property remains in the Premises such personal property may, at the sole option of Licensor, become the property of Licensor and Licensor may, at Licensor's sole option and without notice to Licensee, sell, destroy or otherwise dispose of such personal property and shall not be liable to Licensee for any loss or damage thereby caused. After any sale of personal property, Licensor shall upon request of Licensee pay to Licensee the remainder, if any, of the proceeds of sale after deduction of the rent and all other charges due hereunder along with Licensor's costs in realizing the same. Any request for the remainder of proceeds after sale shall be made by Licensee no later than ninety (90) days following the sale, and if no request is post-marked and received by Licensor or hand-delivered to Licensor within that ninety (90)-day period, then any remainder of proceeds from the sale of the personal property shall absolutely belong to Licensor.
9. DISTRESS. None of Licensee's personal property on the Premises during the term of this License shall be exempt from levy by distress for rent in arrears as provided for pursuant to any provincial legislation and upon any claim.
10. ALTERATIONS. Licensee shall not make, authorize or effect any repairs or alterations of any kind on the Premises without in each instance the prior written consent of Licensor.
11. LOCK. Licensee acknowledges and agrees that the Premises is equipped with a built-in lock (the “Built-In Lock”) which the Licensee shall not use as the sole lock to secure the Premises. Licensor will hold a key to the Built-in Lock and shall supply Licensee with a second key to the Built-in Lock. Licensee shall lock the Premises with a second lock that Licensee deems sufficient to secure the Premises. Subject to all other terms of this License, Licensee may obtain a second lock from Licensor to lock the Premises, provided Licensee deems that lock is sufficient to secure the Premises.
12. RIGHT TO ENTER, INSPECT AND REPAIR PREMISES. Licensor, Licensor's Agents or the representatives of any governmental authority, including without limitation police and fire officials, shall be granted access to the Premises upon three (3) days’ prior written notice to Licensee or without notice in the event of an actual or apprehended emergency. In the event Licensee does not grant access to the Premises as set out in such notice or in the event of an actual or apprehended emergency or upon default of any of Licensee's obligations under this License, Licensor, Licensor's Agents or the representatives of any governmental authority shall have the right to remove Licensee’s lock and enter the Premises to examine the Premises or its contents, repair or alter the Premises, or take any action necessary to preserve the Premises; or to comply with applicable law including any applicable local, provincial or federal law or regulation governing hazardous or toxic substances, material or waste, or enforce any of Licensor’s rights. In the event that the Licensor or _____. determine or have reason to believe that conditions existing within the Premises constitute a hazard or a nuisance to persons or property, including without limitation, the Licensor, ______., other individuals using the Property, or any directors, officers, employees, contractors, licensees, agents or invitees of the Licensor or _____, the Licensor, ______or the Licensor’s or _____ Inc.’s contractor or agent may immediately remove any items posing such hazard or nuisance without notice to the Licensee. In the event of any damage or injury to the Premises or the Property arising from the negligent or deliberate acts or omissions of Licensee or for which Licensee is otherwise responsible, all expenses reasonably incurred by Licensor to repair or restore the Premises or the Property including any expense incurred in connection with any investigation of site conditions, or any clean-up, removal or restoration work required by the Licensor or any applicable local, provincial or federal law or regulation or agency regulating any hazardous or toxic substance, material or waste, shall be paid by Licensee as an additional rent and shall be due upon demand by Licensor. The provisions of this section shall survive the expiry or termination of this License
13. RELOCATION. The Licensor shall be entitled to relocate the Premises within the Property at the sole discretion of the Licensor.
14. SPRINKLER. If any act of Licensee, including without limitation any property stored by the Licensee in the Premises, sets off or causes to be set off, the fire sprinkler system in the Property, Licensee shall be responsible for paying any and all costs associated with same and shall promptly reimburse Licensor for any and all such costs paid by Licensor within thirty (30) days of written notice.
15. NO WARRANTIES. Licensor hereby disclaims and Licensee hereby waives any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the Premises and the Property. Licensee hereby agrees to and acknowledges, as provided in section 1 herein, that Licensee has inspected and accepts the Premises at Licensee's own risk and peril; that Licensor does not represent or guarantee the safety or security of the Premises or the Property or of any personal property stored therein; and that this License does not create any contractual duty for Licensor to create or maintain such safety or security.
16. TERMINATION. This License may be terminated by either party upon notice as set forth in this section. Licensor may terminate this License at any time by giving written notice to Licensee not less than three (3) days before the effective date of termination. Licensee may terminate this License at any time by giving written notice to Licensor before the effective date of termination. Any such notice must be delivered in accordance with section 19 hereof or through the Termination section of the Black Mountain Storage website at www.blackmountainstorage.com. Pursuant to section 3 hereof, Licensee shall receive a refund of the pro-rata portion of the rent for the month in which Licensee gives notice to Licensor of termination. This License may also be terminated by the Licensor pursuant to section 8 hereof or as a result of destruction of or substantial damage to the Premises or the Property.
17. CONDITION OF PREMISES. Throughout the term of this License, Licensee shall keep the Premises in good repair and in safe condition, and upon termination of this License, Licensee shall remove all of Licensee's personal property from the Premises and immediately deliver possession of the Premises to Licensor in the same condition as delivered to Licensee on the commencement date of this License, with exceptions for reasonable wear and tear and alterations made or approved by Licensor pursuant to section 10. All repairs to the Premises or the Property required as a result of the Licensee’s acts of omissions shall be at the Licensee’s sole cost and expense.
18. RELEASE OF LICENSEE’S INFORMATION. Licensee hereby authorizes Licensor to release any information regarding Licensee and Licensee's tenancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts. Licensee is encouraged to review the complete Privacy Policy as made available on the Black Mountain Storage website at www.blackmountainstorage.com.
19. NOTICES. Any notice, including any invoice, statement, request or other communication herein required or permitted to be given by either party to the other, shall be in writing and shall be delivered by hand or by mail, postage prepaid, unless otherwise required by law or by this License. Any notice delivered
by hand shall be deemed delivered on the day delivered if delivery occurs during regular business hours; any notice delivered by Licensee to Licensor after close of business shall be deemed delivered as of the next business day. Any notice sent by mail shall be deemed delivered on the third (3rd) business day following the date of mailing with postage thereon fully prepaid and addressed in accordance with the Licensee and Licensor information set out on page 1 hereof, or as amended pursuant to section 20 hereof.
20. NOTIFICATION OF CHANGE OF ADDRESS; CHANGE OF TELEPHONE NUMBER. In the event either party shall change its respective mailing address, alternate mailing address, or telephone number from the address or telephone number provided herein, such party shall provide the other party written notice of any such change within ten (10) days of the change. The notice required by this section shall include the Licensee's most current mailing address and/or telephone number
21. ASSIGNMENT. Licensee shall not assign this License or sublet the Premises or any portion thereof without in each instance the prior written consent of Licensor, Licensor may assign or transfer this License without the consent of Licensee and, after such assignment or transfer, Licensor shall be released from all obligations under this License occurring after such assignment or transfer.
22. SUCCESSION. All of the provisions of this License shall apply to, bind and be obligatory upon the heirs, executors, administrators, representative, successors and permitted assigns of the parties hereto.
23. ENTIRE AGREEMENT. This License and all Addenda attached hereto comprise the entire agreement of the parties with respect to the subject matter hereof and supersede all prior agreements or understandings with respect thereto. None of Licensor’s Agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein.
24. CONSTRUCTION. This License shall be governed by the laws of the Province of British Columbia. If any provision of this License shall be invalid or prohibited under such laws, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this License.
25. RULES AND REGULATIONS. The rules and regulations posted in a conspicuous place at the Property from time to time are made a part of this License, and Licensee shall comply with all such rules and regulations. Licensor shall from time to time have the right to promulgate amendments and additional rules and regulations for the safety, care and cleanliness of the Premises and the Property or for the preservation of good order. Upon the posting of any amendments and additional rules and regulations in a conspicuous place at the Property, such amendments, additional rules and regulations shall become a part of this License.
26. PAYMENT OF SALES TAXES. Licensee shall pay to Licensor any business transfer tax, value added tax, sales tax, multi-stage sales tax, goods and services tax, harmonized sales tax or any other tax levied, rated, charged or assessed now or in the future upon Licensor or Licensee in respect of the rent or other amounts payable by Licensee hereunder or in respect of the leasing of the Premises by Licensee hereunder or the goods and services provided by Licensor hereunder (collectively, “Sales Taxes”) at the same time as the amounts to which such Sales Taxes apply are payable by Licensee to Licensor under the terms of this License. If Licensee fails to pay such Sales Taxes when due, Licensor shall have the right, but not the obligation, to make such payments to the relevant authorities and to collect from Licensee on demand the Sales Taxes together with any penalties and interest costs imposed by such relevant authorities.
27. WAIVER. Failure by Licensor to require performance of any term, covenant or condition herein contained shall not be deemed to be a such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of any amounts hereunder by Licensor shall not be deemed to be a waiver of any preceding breach by Licensee, as the case may be, of any term, covenant or condition of this License, other than the failure of Licensee to pay the particular amount so accepted, regardless of Licensor's or Licensee's knowledge of such preceding breach at the time of acceptance or payment, as the case maybe, of such rent. No covenant, term or condition of this License shall be deemed to have been waived by Licensor unless such waiver be in writing by Licensor.
28. ACCORD AND SATISFACTION. No payment by Licensee or receipt by Licensor of a lesser amount than the rent or any other amount due and owing shall be deemed to be other than on account of the earliest stipulated amount payable, nor shall any endorsement or statement on any cheque or any letter accompanying any cheque or payment as rent or any other amount herein stipulated be deemed an accord and satisfaction, and Licensor may accept such cheque or payment without prejudice to Licensor's right to recover the balance of such amount payable or pursue any other remedy provided in this License.
29. NO REGISTRATION. Licensee shall not register this License or any notice of this License in full or in part on the title to the Premises or Property or any part thereof.
30. INCORPORATION OF PROVISIONS ON OTHER PAGES. Licensee acknowledges that Licensee has read, is familiar with and agrees to all of the provisions printed on the preceding pages of this License. Licensor and Licensee agree that all such provisions constitute a material part of this License and are hereby incorporated by reference.
IN WITNESS WHEREOF, the parties hereto have executed this License the day and year first above written.
Licensor:
SIGNED, SEALED AND DELIVERED by the Authorized Signatory of Black Mountain Storage Inc.:
Brad Westerop, Authorized Signatory
I have authority to bind the corporation.
Licensee:
SIGNED by CUSTOMER:
____________
CUSTOMER
END OF LICENSE