1. LOT: Tenant rents from Owner assigned lot hereinafter the “Lot” for a fee listed. Tenant may not assign or sub-rent the Lot without the written permission of the Owner. Any and all extension power cords, water lines, sewer lines, and power adapters to reach utility connections are at Tenant’s responsibility and expense. Tenant must check in at the office before setting up or storing on the Lot. Owner reserves the right to have Tenant re-position the item(s) on the Lot or to a different lot. We also reserve the right to move your reserved lot but we will notify you if we do relocate you. Football season may demand that you relocate your RV to another lot for August 1st to November 30th.
2. RENT: In the event that this payment does not pay the total amount due under the terms of this agreement, Tenant agrees that if payment is not made in advance then it will be debited from the required credit/debit card that we have on file for you on the 1st of each month or the 1st day of next billing period if you are set up on daily or weekly rates. Rent is payable to Owner at the above address without demand. In the event that Tenant defaults in payment, it is agreed that monthly rent continues to accrue for each month or portion thereof that Occupant’s personal property remains on the Lot and until default is cured. Utilities may be disconnected, at the discretion of the owner, if rent is not paid in advance. Furthermore, in the event that rent is not paid in advance, the monthly storage rates shall apply and rules and obligations pursuant to “The Self Storage Act” (ALA Code 1975) as amended shall apply and be subject to Owner’s lien rights as referenced below. Partial payments made to cure a default will not delay or stop the sale of Occupant’s property as further referenced herein, nor do partial payments waive or avoid the legal effect of notices, including prior notices, given to Occupant. Owner reserves the right to refuse payment by check and to require cash payment of past due rents and other charges. All payments made by check or money order must contain the number of the Lot for which payment is intended. Owner is not responsible for any damages incurred as a result of Occupant's failure to include the Lot number on payments or other correspondence. There will be no partial month refunds on pre-paid rent.
(A) If this is a month-to-month agreement, Monthly rent shall be due and payable on the _1st day of each successive month this Agreement remains in effect through auto-pay on credit/debit card on file unless paid prior to the 1st. Rent is payable in advance and the first month’s rent may be prorated to achieve a desirable due date for rent payments, though proration of rent shall not apply at the termination of this agreement. Rent paid more than 5 days late or checks that are returned which cause owner to incur substantial damages and, thus, Occupant agrees to pay owner, as additional rent, $15.00 for each rent payment made more than 5 days beyond the due date, an additional late charge of $15.00 for each rent payment made more than 15 days beyond the due date, and $30.00 for each returned check. If Tenant’s lock must be cut for any reason, Tenant will be charged a lock cutting fee of $30.00.
(B) If this is a per diem agreement, full payment for the expected term must be paid in advance. In the event that Tenant’s possessions remain on the Lot beyond the initial term, this agreement will automatically convert to a month-to-month agreement and the payment requirements described in 2A above shall be in effect.
3. TERMINATION: Upon termination of the rental term and any continuation thereof, should the Tenant’s possessions remain on the Lot, the monthly storage rates will apply and rules and obligations pursuant to “The Self Storage Act” (ALA Code 1975) as amended shall apply and be subject to Owner’s lien rights as referenced below. Tenant agrees to leave the Lot in good condition and agrees to pay all reasonable costs associated with repairs and cleanup in the event that the Lot is damaged or left in an unclean state.
4. TENANT’S ACCESS: Tenant’s access to the Premises and the Lot may be conditioned in any manner deemed reasonably necessary by Owner to maintain order on the Premises. At Owner’s discretion and without obligation of Owner, such measures may include, but are not limited to, requiring verification of Tenant’s identity, limiting hours of operation, inspecting vehicles that enter the Premises, and inspecting locks applicable to the doors and enclosures. Owner reserves the right to close any open doors or enclosures and demand that the tenant maintains all personal property and possessions in a secure manner.
5. USE AND COMPLIANCE WITH LAW: Tenant agrees not to use the Lot for any unlawful purpose and that no property will be stored in the Lot unless Tenant has full legal right to have such property in Tenant’s possession. Storage of flammable, explosive, toxic, noxious, odorous, or other dangerous materials is strictly prohibited. Tenant shall not store any property in violation of any ordinance, order, or requirements imposed by the Board of Health, Sanitary, Police or Fire Department, or any other governmental agency, nor do or cause to be done any act that may create a nuisance. Tenant acknowledges that the Lot may be used for the personally owned items only, and specifically agrees that the Lot will not be used for the conduct of a business for any period of time whatsoever. Use by Tenant of any dumpsters on the Premises is limited to the personal use by Tenant and shall not be used for the disposal for items other than household garbage and small trash items. Additionally, Tenant shall not use the Lot for: (1) Sanding or spray painting (2) Any use which constitutes a shop or service facility (3) Automobile repair (4) Practice facilities for bands or other individuals or musical groups (5) Garage sales, flea markets, or sale of any kind directly from the Lot (6) Any use which involves alteration, structural change, or defacement of the Premises (7) Storage of any food or liquid or anything likely to attract pests, rodents, or animals such as grass seeds, etc. (9) An address to be advertised or used for any purpose. NOTE: Any violation of the provisions within this paragraph shall be grounds for immediate termination of this agreement at the discretion of the Owner and Tenant hereby agrees to hold Owner, Owner’s representatives, and other Tenants harmless and to indemnify, save, and defend such entities for any loss resulting from the violation of such provisions.
6. NON-LIABILITY OF OWNER AND INSURANCE OBLIGATION OF TENANT: It is specifically understood and agreed that no bailment is created hereunder. The exclusive care, custody and control of Tenant’s property shall remain vested in Tenant and all property stored within the Lot by Tenant or stored on the Premises shall be at Tenant’s sole risk. Owner and Owner’s representatives shall not be liable to Tenant for any damage to, or loss of, any personal property arising from any cause whatsoever, including, but not limited to, burglary, fire, flood, wind, water damage, moisture damage from concrete flooring, mold, mildew, mysterious disappearance, rodents, Acts of God, explosion, or the active or passive acts, omissions or negligence of Owner or Owner’s representatives. Owner and Owner’s representatives shall not be liable to Tenant or Tenant’s representatives, invitees, or family members for any personal injury or death to any of them arising from any cause whatsoever, including, but not limited to, burglary, fire, flood, wind, water damage, mysterious disappearance, rodents, Acts of God, explosion or the active or passive acts, omissions or negligence of Owner or Owner’s representatives. Neither Owner nor Owner’s representatives are liable for any loss or damage resulting from failure, interruption or malfunction of utilities. Owner is required to carry no insurance which in any way covers any loss whatsoever that Tenant may have or claim in relation to the RV LOT or the Premises.
7. RELEASE OF LIABILITY AND INDEMNITY: Tenant hereby releases Owner and Owner’s representatives from liability for any damage to or loss of Tenant’s personal property arising from any cause whatsoever, including, but not limited to, burglary, fire, wind, water, flood, mysterious disappearance, rodents, Acts of God, explosion, failure of tenant to lock doors and enclosures or secure any and all possessions about the lot, or the active or passive acts, omissions or negligence of Owner or Owner’s representatives. Tenant also hereby releases Owner and Owner’s representatives from any liability for any injury or death to Tenant or Tenant’s representatives, invitees, or family members as a result of any use of or presence on or at the Lot or Premises by any of them, even if such injury or death is caused by the active or passive acts, omissions or negligence of Owner or Owner’s representatives. Tenants are responsible for any children they bring onto the Premises. Tenant hereby expressly further agrees to indemnify and hold harmless and defend Owner and Owner’s representatives from and against any and all claims (including claims for property damage, personal injury or death), demands, actions or causes of action (including attorney’s fees and costs) that are herewith brought by anyone arising out of or in connection with the use of or presence on or at the Lot or Premises by Tenant or Tenant’s representatives, invitees, or family members, including claims allegedly arising from the active or passive acts, omissions or negligence of Owner or Owner’s representatives.
8. NOTICES: All notices required under this Agreement will be sent to Tenant at the address given by tenant, via email unless otherwise agreed, and shall be deemed delivered when sent by Owner. Tenant agrees to furnish owner with written notice of any change of email address, mailing address, or phone number and Tenant agrees that unless Owner is notified of such change in writing, Tenant may be contacted or notified at the address and/or telephone numbers provided above in case of emergency, for collection, delinquency or default under any terms or conditions of this agreement.
9. RULES AND REGULATIONS: Owner shall have the right to establish or change hours of operation or to promulgate and amend rules and regulations for the safety, care and cleanliness of the premises or for the good of the facility. Tenant agrees to abide by all such existing and future rules.
* RULE NUMBER ONE: You, as a patron, and your guests, must be able to get along with all other patrons.
* Most pets are welcome but must always be on a leash. Patrons are responsible for clean up while on the property.
* All outside speakers (music) must be off by 11:00 p.m.
* No open campfires are permitted by order of the Fire Marshall of The City of Tuscaloosa. Fire pits are permitted.
* Please place all garbage in the dumpster provided for you.
* Sewer system must be completely sealed and threaded into our four (4) inch service connection. It must have at least one clear fitting
* A thermostatically controlled insulated water hose is required between November 1-March 31 each year and any other time that freezing temperatures are forecasted. During harsh freezing conditions lasting for several consecutive days, we reserve the right to shut down our system. It is your responsibility to have a plan using your holding tank or bottling up water when necessary. Also, we recommend a pressure regulator for your protection.
*Water MUST be turned off at the outside spigot before leaving the premises.
* Please minimize electrical power consumption to a “storage status” when you leave the premises.
* All lots must be kept clean and free of debris. RV Patron is responsible for any grooming of grass/weeds around their own RV. Owner reserves the right to limit the number of personal belongings stored in the lot, including outdoor furniture, tents, canopies, etc.
**All policies listed above will be enforced and may result in removal from Bama RV Station Property.
10. OWNER'S REMEDIES AND LIEN UPON DEFAULT: (a) Time is of the essence in the performance of this Agreement and in the payment of each and every installment of rent and charges herein due. If any rent or charge shall be due and not paid, or if Tenant shall fail or refuse to perform any of the covenants, conditions or terms of this Agreement, Tenant shall be conclusively deemed in default. Upon any default by Tenant, Owner shall have the right, without notice to Tenant, to install a wheel lock on the unit until default is cured. The right to deny access to Tenant shall be in addition to all other liens and/or remedies provided by law to secure and collect rent, labor or other charges, present or future, as a result of Tenant’s storage of personal property or other use of the Lot, including expenses necessary for preservation or reasonably incurred in the sale of or other disposition of property.(b) Notwithstanding any re-entry, locking of unit, or taking of possession by Owner as provided under this Agreement, Tenant’s liability for rent and charges provided for herein shall not be extinguished prior to termination of this Agreement and Tenant shall be personally liable for, and the personal property located in the Lot shall be subject to a lien for all rents and charges to the date of termination of this Agreement, damages for the breach of the Agreement, court costs, attorney's fees, expenses incurred for the removal and/or disposition, disposal or destruction of personal property and any costs of repair. In the event of a sale of goods as provided herein, it is agreed that the date of such sale shall constitute the date of termination of this Agreement.
11. OWNER’S LIEN RIGHTS: (a) Owner has a statutory lien upon all personal property located on the Lot 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 “Self Service Storage Act,” Alabama Code (1975) as amended. Pursuant to said act, all articles stored under the terms of this rental agreement will be sold or otherwise disposed of if no payment has been received for a continuous 30-day period. Owner shall notify Tenant that it has taken possession of the Tenant’s stored property and that the property is subject to sale if the rent and/or other charges are not paid within 30 days of continuous default. In the event that sale or disposal of Tenant’s property becomes necessary, Owner is authorized, in addition to other legal rights, including those referenced in the preceding section, to enter the Lot and take possession of or remove the personal property to other suitable space pending its sale or other disposition. Owner is also authorized to place its own locking mechanism on the vehicles, campers, or other items stored on the Lot until such contents are disposed of in the manner hereinafter provided. Additionally, Tenant hereby contractually grants Owner a lien in all goods stored in the Lot. (b) After 30 days of default, in full or part, Owner may sell Tenant’s stored property singly, in lots, or as a whole. After 30 days of default, in full or part, Tenant will be liable to Owner to pay reasonable fees for the sale and disposition of the property and will be charged a sale publication fee of $150.00 and a sale fee of $500.00. These fees may be charged even if the sale is not physically conducted due to Tenant reclaiming the property. Owner shall be allowed to bid on the property at the sale. Proceeds of the sale will be applied to the rent, fees and charges owed by Tenant to Owner. If proceeds are insufficient to pay such rent, fees and charges, Owner may seek to enforce its right to recover the balance from Tenant. In the event proceeds of the sale exceed the full amount of all rent, fees and charges owed by Tenant to Owner, Tenant will be notified at Tenant’s last known address and Owner will hold such excess funds for the benefit of other lien holders or the Tenant for such period of time required under the “Self Service Storage Act,” Alabama Code (1975). Prior to the sale, Tenant may reclaim the property subject to the lien by paying, in cash or certified funds, the FULL AMOUNT of all rent, fees and charges owed to Owner and on the further condition that the Tenant forthwith remove all such reclaimed property from the RV Lot and peaceably surrender possession of the Lot to Owner.
12. ABANDONMENT OF TENANT'S PROPERTY: Any property remaining in the Lot or on the Premises after Tenant’s default under the terms of this Agreement shall be deemed, in Owner’s sole discretion, to have been abandoned, and may either be retained by Owner as its own property or sold as provided by law. If such property or any part thereof is sold, Owner may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of re-entry and sale, cost of moving and storage, any arrears of rent or charges and any damages which the Owner may be entitled hereunder or pursuant to law in the order Owner so chooses.
13. WAIVER: No waiver by Owner, its agents, representatives or employees, of any breach in performance of any covenant, condition or term contained herein shall constitute a waiver of any subsequent breach or fault.
14. WAIVER OF EXEMPTION: As to enforcement of this Agreement, Tenant waives all right of exemptions, now or hereafter provided for under the Constitution and Laws of the State of Alabama or any other State.
15. ADDITIONAL GROUND RULES: PLEASE TURN OFF THE WATER SUPPLY AT THE EXTERIOR SPIGOT ANY TIME YOU LEAVE THE PREMISES.
16. SEVERABILITY CLAUSE: If any part of this Agreement is declared invalid, such decision shall not affect the validity of any remaining portion, which shall remain in force and effect. This Agreement shall be construed under and in accordance with the laws of the State of Alabama.
17. SEVERE WEATHER: The basement level of the climate control building is available to you and your visitors to seek refuge. Tenant understands that the RV unit’s water reserve should be in service at all times. Any unit without a properly installed heated water hose must disconnect from the spigot anytime the temperature drops to 32° degrees and below. We reserve the right to discontinue water service and it may remain discontinued until the temperature exceeds 32° degrees Fahrenheit.
18. EXPENSES OF ENFORCING AGREEMENT: Tenant agrees to pay all cost, including reasonable attorney's fees, incurred by the Owner in collecting delinquent rent, fees or charges or enforcing any of the provisions of this Agreement.
19. WAIVER OF TRIAL BY JURY: Tenant hereby waives the right to trial by jury of any claim or cause of action arising out of or relating in any way to this Agreement.
20. ANTS: Wikipedia defines Ants as Social Insects. The Owner bears no responsibility for Pesticide to control ants.
21. CANCELLATION POLICY: You must cancel any reservation within 7 days of your reservation date to receive any refund. We will charge a credit card fee of $25 per transaction.
THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING RENTAL RATE AND OTHER CHARGES, ARE SUBJECT TO CHANGE UPON 30 DAYS WRITTEN NOTICE SENT TO THE EMAIL ADDRESS OF THE TENANT.
CAUTION--IT IS IMPORTANT THAT YOU READ THIS CONTRACT BEFORE YOU SIGN IT.