Unit 338

Lien unit

228 NE BROADWAY ST. PORTLAND, OR 97229 WWW.BROADWAYSTORAGEPDX.COM INFO@BROADWAYSTORAGEPDX.COM 775-622-7643 1. Facility Terms. The terms outlined below will be followed by between Broadway Ace Hardware, LLC, an Oregon limited liability company, dba Broadway Ace Hardware and Storage (“Owner”), and Purchasers for all storage unit contents. All terms written are final. Any exceptions are to be only made by the Owner. The Purchaser will be required to follow all terms. If at any time the terms of this agreement are broken by the Purchaser, they must vacate the facility and will be locked out. Additionally, any remaining property or deposits will be forfeited to the Owner. 2. Indemnification and Insurance. Purchaser shall indemnify, protect, defend and hold Owner and Owner’s agents and employees harmless from and against any and all losses, damages, claims, or liability for any damage to any property or injury, illness or death of any person: (a) occurring in, on, or about the Unit, or any part thereof, arising at any time and from any cause whatsoever other than solely by reason of the gross negligence or willful misconduct of Owner, its employees or agents; and (b) occurring in, on, or about any part of the Property other than the Unit, when such damage, injury, illness or death shall be caused in whole or in part by the negligence or willful misconduct of purchaser, its agents, servants, employees or invitees (including, without limitation, when such damage, injury, illness or death shall have been caused in part by Owner, its employees or agents). The provisions of this Section shall survive the termination of this Agreement with respect to any damage, injury, illness, or death occurring prior to such termination. Purchaser shall maintain its own insurance with respect to the contents of the unit and personal property located by Purchaser in the Unit. Purchaser waives all claims of recovery which Purchaser may have against the Owner and its agents, employees, invitees, and licensees, for any loss, damage or other liability arising from or caused by any hazard which is to be covered by insurance required to be obtained under this Agreement or otherwise obtained by the purchaser regardless of the cause or the damage, even if such damage is the result of Owner’s willful misconduct or gross negligence. 3. Waiver of Liability. Owner shall not be liable or responsible in any way for, and Purchaser hereby waives all claims against Owner and Owner's agent and their respective agents and employees with respect to or arising out of: any death or any injury of any nature whatsoever that may be suffered or sustained by Purchaser or any employee, invitee, guest, agent or customer of Purchaser or any other person, from any causes whatsoever; or for any loss or damage or injury to any property outside or within the Unit belonging to purchaser or its employees, agents, customers, invitees, guests or any other person, unless such injury or damage is caused solely by the gross negligence or willful misconduct of Owner, its employees or agents. Without limiting the generality of the foregoing, Owner shall not be liable for any damage, damages, or loss of any nature whatsoever to persons or property caused by explosion, fire, earthquake, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Unit, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Property, or by anything done or omitted to be done by Owner, any Purchaser, occupant, or person in the Property. 4. Security Agreement. In accordance with ORS 87.687, Owner has a lien upon all personal property stored in the Unit, whether or not owned by Purchaser, to secure payment of purchase fee and other fees and charges incurred by the Purchaser pursuant to this Agreement including reasonable charges for labor, materials and other services provided by Owner at the request of Purchaser, expenses necessarily incurred in preserving Purchaser’s personal property, and reasonable expenses incurred in the sale or other disposition of Purchaser’s personal property. Owner may retain Purchaser’s personal property until the purchase fee and other fees and charges set forth above are paid in full.5.5. 5. Parking and lot usage. Onsight parking is provided for Purchaser while they are at the storage facility. Purchaser may not leave any vehicle in the parking lot for any period after user leaves the premises. Any vehicle that is left in the parking lot will be subject to tow at the vehicle owner’s expense. 6. Facility Access Hours. Access to the unit is limited to storage facility hours of operations. Standard access hours are Monday through Saturday from 8:00AM to 7:00PM, and Sunday 9:00AM to 5:00PM. (*Access hours may differ on Holidays) Purchaser may not remain on the premises outside of these access hours. 7. Redelivery of Possession. Upon the termination of this Agreement, whether by lapse of time or otherwise, Purchaser shall deliver to Owner the Unit and each and every part thereof, in broom clean condition and otherwise in the same condition as at the Commencement Date, except for the ordinary wear and tear, damage by fire or other casualty or damage by the elements. In the event Purchaser fails to deliver the Unit as required by this Paragraph, Owner may have the Unit cleaned and/or repaired and will use the deposit of two hundred dollars ($200.00). 8. Dumping and Abandoning of Items. Purchaser is not permitted to dump any items in Owner’s dumpsters or abandon items on the facility property. Any dumping done by Purchaser will be subject to a two hundred and 00/100 Dollar ($200.00) dumping fee. Any items left unattended in the facility or on the premises will be considered abandoned and dumped. Owner may at their discretion dispose of these items any way they see fit. Owner may also at their discretion, impose a two hundred and 00/100 Dollar ($200.00) dumping fee for said items. Once items are abandoned by purchaser, owner holds no liability for the abandoned items. Any provisions that are made by the owner to secure abandoned items to purchaser are to be considered voluntary and owner shall remain free of liability for the items. Repeat offenders of this provision are subject to civil penalties. 9. Owners Right to Access. Owner or Owner’s agent shall be permitted to inspect the Unit at any reasonable time after twenty-four (24) hours’ notices to Purchaser or for any emergency reason without prior notice to Purchaser. Owner shall have the right to enter the Unit for a period commencing thirty (30) days prior to the expiration of the Term or any renewal term of this Agreement, for the purpose of exhibiting the Unit to perspective Users. 10. Governing Law. The laws of the State of Oregon shall govern the interpretation and enforcement of this Agreement. 11. Complete Agreement. Owner and Purchaser each hereby acknowledge that this Agreement encompasses the entire Agreement of the parties and there are no other agreements or understanding between them with the respect to the Unit. 12. Notices. All notices and demands which may or are required to be given by either party to the other hereunder shall be in writing and shall be deemed to have been fully given when deposited in the United States mail, certified or registered, postage prepaid, and addressed as follows: to Purchaser at the address for Purchaser set out in the basic Information or to such other place as Purchaser may from time to time designate in a notice to Owner. To the Owner at the facility address (228 NE Broadway St Portland OR 97232) 13. Courtesy and Consideration. Purchaser must abide by all facility rules and policies while on the premises. This includes treating all other tenants and facility employees with respect and courtesy. Any unruly or obnoxious behavior will not be permitted. Failure to follow facility rules may result in break of this agreement and subject to the terms listed above. OWNER: BROADWAY ACE HARDWARE, LLC, An Oregon Limited Liability Company, DBA Broadway Ace Hardware and Storage