TERMS AND CONDITIONS. (Truck Parking)
1. Term .
The term shall commence on the date the Agreement is executed and shall continue on a month-tomonth basis thereafter. The minimum term is one month. There will be no refund of rent even if Tenant does not put property in the Space. Owner is not providing any services to Tenant pursuant to this Agreement other than renting the Space to the Tenant.
2. Rent .
The Tenant agrees to pay the Owner, as payment for the use of the Space and improvements thereon, the Monthly Rent listed above. Monthly installments are payable in advance at the Owner’s office on or before the monthly “Rent Due Date” listed above, in the amount of the Monthly Rent listed above and a like amount each month hereafter, until the termination of this Agreement. Tenant’s obligations are not contingent on receiving invoices from Owner. The Owner acknowledges receipt of the sum set forth above showing payment through the “Rent Paid To Date” listed above. Tenant must pa y rent by credit card, debit card, or ACH payment . Owner reserves the right to require that the rent and other charges be paid by certified check, or money order. Owner may change the rent or any other charge or fee by giving Tenant thirty (30) days’ advance written notice at the address stated in this Agreement. The new rent shall become effective on the first day of the next month the rent is due. If Tenant has made advance payments, the new rent will be charged against such payments, upon the expirati on of the advance notice period. No bills or statements will be sent to the Tenant stating when the Monthly Rent is due. There are no prorated rent refunds in the event the Space is vacated prior to the rent paid thru date. TENANT AGREES AND UNDERSTANDS THAT ANY PAYMENTS MADE WILL BE APPLIED FIRST TO THE OLDEST UNPAID MONTHLY RENT AND/OR FEES (AS HEREINAFTER DEFINED) DUE AND PAYABLE. The Tenant agrees and understands that partial payments made to cure a default for nonpayment of rent will not delay or stop foreclosure and sale of Tenant's Property . The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Tenant. Only full payment on the Tenant's account prior to the published auction date will stop a scheduled sale of the Property. Only full payment on the Tenant’s account prior to the published auction date will stop a scheduled sale of the stored property. There are no prorated rent refunds in the event the Space is vacated prior to the rent paid thru date .
3. Default .
If any monthly installment is not paid by the Rent Due Date, or if any payment is dishonored, the Tenant shall be deemed to be in default under the terms of this Agreement. The Tenant's failure to perform any of its obligations under the terms and conditions of this Agreement or the Tenant’s breach of the peace shall also constitute a default hereunder. Tenant’s failure to follow or abide by the Rules and Regulations, as they now exist or may hereafter be amended, shall\ also constitute a default hereun der.
4. Denial of Access .
If Tenant fails to pay rent or other charges by the monthly Rent Due Date, Owner may, without notice, revoke Tenant’s gate access code thereby denying Tenant vehicle gate access to the Facility. During such times, Tenant will only have access to the Space during office hours and must notify the Owner (phone or e-mail) prior to entry into the Facility. If rent is not paid within ten (10) days of the monthly Rent Due Date, Owner may, without notice, deny Tenant access to the Property located in the Facil ity to the extent permitted by law. However, Owner also reserves the right to restrict Vehicle access to Facility if rent is not paid by the monthly Rent Due Date. Access will be denied to any party other than the Tenant who does not retain gate code and key to lock on Space or has not supplied Owner with written authorization from the Tenant to enter the Space. Otherwise, only a court order will be sufficient to permit access by others. Tenant’s access to the Facility may also be conditioned in any manner deemed reasonably necessary by Owner to maintain order at the Facility. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Tenant’s identity and inspecting Vehicles that enter the Facility. Additionally, if Tenant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Owner to deny access to Tenant to all rented Spaces and foreclose its lien on all rented Spaces at the sa me time. No bailment or higher level of liability is created if Owner takes any steps to deny Tenant access to the Space. If Owner terminates this Agreement as provided for herein, Owner has the right to den yvehicle access entry to the Facility during the termination period and control Tenant’s access on the Facility, including, but not limited to, requiring Tenant to be escorted by Owner’s agents or employees while at the Facility.
5. Fees.
Tenant acknowledges that late payment of Monthly Rent will cause Owner to incur costs not contemplated by this Agreement, the exact amount of such costs being extremely difficult to fix. Therefore, if any Monthly Rent is received after ten (10) days from the Rent Due Date , Tenant shall pay to Owner the Late Fee stated above for each month rent is past due, such amount being considered liquidated damages. The parties agree that said Late Fee represents a fair and reasonable estimate of the costs the Owne r will incur by reason of late payment by Tenant. Owner does not waive any rights under the law for non-payment of rent. Said Late Fee is due and payable without demand from Owner. If any check or credit or debit card payment is dishonored for any reason,Tenant agrees to pay the NSF Fee listed above, in addition to the aforementioned Late Fee . If the Tenant fails to pay the Monthly rent within thirty (30) days of the Rent Due Date, Tenant agrees to pay the Lien Fee listed above. Tenant agrees to pay the Advertisement Fee listed above if Owner advertises the sale of Tenant’s stored property. If Tenant’s Property is scheduled for sale, Tenant agrees to pay the Sale Fee listed above which shall be charged on the day of the scheduled sale. If Tenant’s Property is towed, Tenant agrees to pay Owner the Towing Fee listed above. All Fees listed in this provision and in this Agreement shall be due and payable as additional “Rent” and non-payment of said Fees will entitle Owner to deny Tenant access to the Space.
6. Owner's Right to Enter .
Tenant grants Owner or Owner's agents’ access to the Space upon 48 hours’ advance written notice to Tenant. In the event of an emergency or nuisance, Owner shall have the right to enter the Space without notice to Tenant, and take such action as may be necessary or appropriate to preserve the Space, to comply with applicable law, to enforce Owner's rights, or inspections or searches by governmental authorities. In cases where the Owner considers it necessary to move the Vehicle for violations of this Agreement or requirements of the Facility, the Tenant agrees that the Owner, or the Owner’s representative, shall have the right to move the Vehicle to another area of the Facility.
7. Use of Space; Compliance with Law .
The Space in the Facility is to be used only for storage of Vehicles owned by Tenant and identified in this Agreement. Tenant shall provide Owner with true copies of all registration and insurance certificates pertaining to the Vehicle. Tenant agrees that any unauthorized Vehicles can be removed by Owner at Tenant's expense and that Owner shall not be liable to Tenant for removal of unauthorized Vehicles. Vehicles may not be stored overnight without permission of the Owner. A charge will be levied for such overnight Vehicle storage. Any Vehicle stored will only be allowed in the Space allocated and referred
o in this Agreement. Only one Vehicle may be stored in each marked Space and only Vehicles with a current license and inspection tags will be permitted unless otherwise agreed to by Owner . Other than motor fuel in the Vehicle and propane or similar fuel in tanks provided or authorized for use in the Vehicle by the Vehicle manufacturer, Tenant is strictly prohibited from storing, using, or bringing materials at or in the Facility which are hazardous, explosive, toxic, odorous, noxious, corrosive, or pollutant or for which possession is illegal under any applicable law or regulation, and from engaging in any activity at the Facility which produces, or may produce, or result in the possession of such materials. Tenant specifically agrees that Tenant shall not use the Space or the Facility for storage of any gasoline or other fuel oil, grease, or any other lubricant, tires or batteries, or any other ac cessories, except for such gas, oil,
grease, or other lubricant as may be contained in the operating parts of the Vehicle stored in the Space or at the Facility. Tenant is strictly prohibited from storing, using, or bringing materials in or onto the Facility which would cause danger or nuisance to the Space or any other portion of the Facility or for which possession is illegal under any applicable law or regulation, and from engaging in any activity at the Facility which produces, or may produce, or result in the possession of such materials. The Tenant agrees that the Facility and the Tenant’s Property will not be used for any unlawful purposes or contrary to any law, ordinance, regulation, fire code or health code and the Tenant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Space or anywhere on the Facility, and will keep the Space and the Facility in good condition during the term of this Agreement. The Tenant agrees that
the Space is not appropriate for the sto rage of jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special sentimental or emotional value to the Tenant and Tenant agrees not to store said items. The Tenant hereby waives any claim for sentimental or emotional value for the Tenant's Property that is stored in the Space or on the Facility. There shall be NO HABITABLE OCCUPANCY of the Space, or in the Vehicle while it is at the Facility, by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate termination of this Agreement. The storage of food or any perishable goods as well as any cooking or heating in the Space is strictly prohibited. Trash, garbage, or discarded materials are not allowed in or near the Vehicle. Tenant shall not use the Space for the storage of firearms and ammunition. If hazardous substances are stored, used, generated, or disposed of in the Space or on the Facility, or if the Space or the Facility shall become contaminated in any m anner for which the Tenant is directly or indirectly responsible, the Tenant shall indemnify and hold the Owner harmless from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums incurred or paid for settlement of any such claims, including any attorney's fees, consultant and expert fees, resulting from orarising out of any contamination by the Tenant, whether incurred during or after the lease term. The Tenant will indemnify and hold the Owner harmless from and against any and all manner of claims for damages or lost Property or personal injury and costs, including attorneys’ fees arising from the Tenant's lease of the Space on the Facility or from any activity, work or thing done, permitted or suffered by the Tenant in the Space or on or about the Facility. Without limiting the foregoing, Tenant shall not (and shall not permit any person to) use the Space in any manner that would be a violation of any applicable federal, state or local la w or regulation, regardless of whether such use or occupancy is lawful under any conflicting law, including without limitation any law relating to the use, sale, possession, cultivation, manufacture, distribution or marketing of any controlled substances or other contraband (whether for commercial, medical, or personal purposes), or any law relating to the medicinal use or distribution of
marijuana. Tenant also agrees to the following: (a) any alarms on the Vehicle shall be disconnected or otherwise disarmed; (b) there shall be no entertainment activities in, or overnight occupancy of, the Vehicle; (c) all persons must vacate the Facility within thirty (30) minutes of the posted close of the Facility; (d) the Vehicle shall not be powered up, either by running of its engine, or otherwise, except for the removal of the Vehicle from the Facility, or the limited purposes of brief testing of its systems or equipment preparatory to its use off the Facility; (e) there shall be no repair, maintenance, painting, or any other work performed on the Vehicle while the Vehicle is located at the Facility unless otherwise agreed to by Owner; and (f) under no circumstances will Tenant cause the Vehicle to be rendered incapable of removal from the Facility under its own power, or otherwise disabled or rendered incapable of removal from the Facility by ordinary means. Space can only be used for the parking of Vehicles that are in good operating condition and appearance. No flat tires allowed on any Vehicle stored at the Facility. No junk or damaged Vehicles may be stored and the Vehicle should be free of rust, body damage and must have no broken glass. Tenant agrees that any unauthorized Vehicles can be removed by Owner at Tenant's expense and that Owner shall not be liable to Tenant for removal of unauthorized Vehicles. Tenant is required to lock and secure any boat, watercraft, and any other equipment that is being stored outside. Tenant acknowledges that at times it may be required to store an additional Vehicle at the Facility. Tenant agrees that all terms and conditions of this Agreement, including all releases provided herein, shall apply to any Vehicle Tenant may store at the Facility or in the Space, even if not the Vehicle identified in this Agreement. No smoking is allowed in the Space or the Facility. Owner, at its sole discretion, may require that Vehicles, trailers, or boats violating these provisions may be removed. If the Vehicle will be absent from the Space and/or Facility for more than ten (10) consecutive days, Tenant agrees to notify Owner of Tenant’s intent to remove the Vehicle for an extended period of time and advise Owner of the estimated return date for the Vehicle.
8. Condition and Alteration of Space. Security .
Tenant assumes responsibility for having examined the Space and Facility and hereby accepts them as being in good order and condition and suitable for the parking of Tenant’s Vehicle in all respects. Tenant understands that all Space sizes are approximate and enters into this Agreement without reliance on the estimated size of the Space.
Should Tenant damage or depreciate the Space of the Facility, or make alterations or improvements without the prior consent of the Owner, or require the Owner to incur c osts to clean or repair the Space and/or the Facility upon termination, then all costs necessary to restore the Space and/or the Facility to its prior condition shall be borne by Tenant. Owner has the right to declare any such costs to repair as “rent” and non-payment of said costs to entitle Owner to deny Tenant access to the Space. Tenant agrees and understands that its failure to pay said invoice may result in a default under this Agreement resulting in the possible foreclosure and sale of the Tenant’s Property in the Space, and non-payment of said costs also entitles Owner to deny Tenant access to the Space. Tenant further agrees that any possible security measures taken by Owner for the Facility do not guarantee security from burglary of the Space, or robbery
of persons at, or in, the Facility, and Tenant assumes the risk that such may occur from the moment Tenant enters the Facility to the moment Tenant exits the Facility. Tenant agrees to be solely responsible for providing such locks as Tenant desires for securing Tenant’s Property on the Space. Owner is not responsible for taking any measures whatsoever to secure Tenant’s Property and shall have no duty to notify Tenant in the event Tenant’s Property becomes insecure. Tenant further agrees that Owner shall not be liable for any loss or damage suffered by Tenant as a result of any items of Property found missing from the Space including, without limitation, as a result of theft by Owner’s employees, managers, agents or independent contractors, or by any other person.
9. Limitation of Value .
Tenant agrees not to store property with a total aggregate value in excess of $5,000 without the written permission of the Owner. If such written permission is not obtained, the value of Tenant's property shall be deemed not to exceed $5,000 and may be worth substantially less than $5,000. The Tenant agrees that the maximum value for any claim or suit by the Tenant including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage space is $5,000. Nothing in this section shall be deemed to create any liability on the part of the Owner to the Tenant for any loss or damages to the Tenant's Property regardless of cause.
10. Termination .
This Agreement shall continue from month-to-month unless the Tenant or Owner delivers to the other party a written notice of its intention to terminate the Agreement. Three (3) days’ prior written notice given by Owner or Tenant to the other party will terminate the tenancy. Owner may immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) if Tenant is in breach of this Agreement or in the event that Tenant creates a nuisance or is engaged in disruptive, criminal, unlawful or other Owner-prohibited behavior that threatens the safety of other Tenants and/or the preservation of the Facility. Owner may also exercise immediate termination rights (including denial of vehicle gate access to the Facility and denial of access to the Space) in the event that Tenant utilizes the Space for an unlawful or criminal purpose or is found to be engaged in illegal or criminal activity at the Facility. Owner does not prorate partial month’s rent. Upon termination of this Agreement, the Tenant shall remove all Property from the Space (unless such Property is subject to the Owners’ lien rights as referenced herein) and shall deliver possession of the Space to the Owner on the day of termination. Tenant must leave the Space empty, in good condition, broom clean, and unlocked. Rent and fees will continue to accrue if Tenant fails to remove personal lock. Tenant is responsible for any damage to the Space. If the Tenant fails to fully remove its Property fro m the Space within the time required, the Owner, at its option, may without further notice or demand, either directly or through legal process, reenter the Tenant's Space and remove all Property therefrom without being deemed guilty in any manner of trespassing or conversion. All items, including boxes and trash left in the Space or at the Facility after vacating will be deemed to be of no value to the Tenant and will be discarded by the Owner at the expense of the Tenant. This Agreement shall automaticall y terminate if the Tenant abandons the Space. The Tenant shall be deemed to have abandoned the Space if the Tenant has removed the contents of the Space and/or has removed the Tenant’s locking device from the Space and is not current in all obligations hereunder. Abandonment shall allow the Owner to remove all contents of the Space for disposal. Tenant hereby waives and releases any claims or actions against Owner for disposal of Property resulting from Tenant’s abandonment. Rent prepaid for any period in which the Tenant moves out early shall not be refunded.
11. Release of Owner’s Liability .
THE OWNER IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT. THE OWNER EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER THE TENANT'S STORED PROPERTY. ALL PROPERTY STORED WITHIN THE SPACE OR AT THE FACILITY BY ANYONE SHALL BE STORED AT THE TENANT'S SOLE RISK. The Tenant must take whatever steps he deems necessary to safeguard such Property. Owner and Owner’s agents and employees shall not be liable to Tenant for any damage to, or lo ss of, any Property while located in the Space, at the Facility, or in the Vehicle, from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, mold, mildew, vandalism, fire, smoke, water, flood, hurricanes, rain, tornadoes, explosions, rodents, insects, malfunction of utilities, alarm or sprinkler systems, Acts of God, or the active or passive acts or omissions or negligence of the Owner, the Owner’s agents or employees, including negligent disposal of Tenant’s Property under a good faith, but mistaken, claim of lien or belief of abandonment by Tenant; and Owner and Owner’s agents shall not be liable to Tenant or Tenant’s agents, invitees or guests for injury or death suffered by any person, including Tenant’s agents, invitees or guests, occurring in or about the Facility or Vehicle, or arising out of Tenant’s use of the Facility or Space, from any cause whatsoever, even if such injury or death is caused by the active or passive acts or omissions or negligence of Owner, or Owne r’s agents or employees. Tenant agrees to inspect Tenant’s Vehicle before leaving the Facility. Under no circumstances shall Owner be responsible for any claim relating to the operation or removal of the Vehicle from its Space by any person or entity shown as an additional owner or a lienholder on the documents of registration or title as Tenant’s agents for all purposes in connection with the operation or removal of the Vehicle on or off the Facility premises. Although Owner is not liable for loss or dama ge, any claim of damage to Tenant’s Vehicle must be reported and itemized in writing before Vehicle is taken from the Facility. Owner assumes no liability for damage due to fault, mechanics, condition of the Vehicle, or any negligence attributable to Owner for loss of articles left in the Vehicle, for damage to the Vehicle due to articles left inside the Vehicle, or for loss of use of the Vehicle. The Tenant agrees that the maximum liability of the Owner to the Tenant for any claim or suit by the Tenant inc luding but not limited to any suit which alleges wrongful or improper foreclosure or sale of the stored property is $5,000. Nothing in this section shall be deemed to create any liability on the part of the Owner to the Tenant for any loss or damages to the Tenant's Property regardless of cause. It is agreed by the Tenant that this provision is a bargained for condition of the Agreement that was used in determining the amount of Monthly Rent to be charged and without which the Owner would not have entered i nto this Agreement.
12. Insurance .
TENANT SHALL PROVIDE TO OWNER PRIOR TO OCCUPYING THE SPACE COPIES OF ALL DOCUMENTS AVAILABLE TO DEMONSTRATE PROOF OF INSURANCE (COMMONLY A CERTIFICATE OF INSURANCE) FOR THE VEHICLE. THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH
WOULD PROTECT THE TENANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE TENANT'S RESPONSIBILITY TO OBTAIN SUCH INSURANCE . Tenant, at Tenant’s sole expense, shall maintain property, liability and casualty insurance for the stored Vehicle and any property within it as required by the law of the State in which the Facility is located for the actual cash value of the Property stored. Insurance on Tenant’s stored Vehicle is a material condition of this Agreement and is for the benefit of both Tenant and Owner. Failure to carry the required insurance is a breach of this Agreement, and Tenant assumes all risk of loss in the stored Vehicle or property within it that would be covered by such insurance, including any loss due to the alleged negligent or intentional acts of Owner, or Owner’s agents or employees, including negligent or intentional disposal of Tenant’s stored Vehicle and Property. Tenant expressly agrees that the carrier of such insurance shall not be subrogated to any claim of Tenant against Owner, Owner’s agents or employees. It is expressly agreed between Tenant and Owner that it is intended that insurance coverage be acquired by Tenant to cover loss or damage to the Vehicle or Property due to any acts whatsoever of Owner, Owner’s agents, or employees, whether intentional or negligent, or active or passive in nature, which results in any loss, disposal or damage to Tenant’s stored Vehicle or other Property.
13. Changes .
All items of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Owner upon thirty (30) days’ prior written notice to the Tenant. If so changed, the Tenant may terminate this Agreement on the effective date of such change by giving the Owner ten (10) days’ prior written notice of termination after receiving notice of the change. If the Tenant does not give such notice of termination, the change shall become effective on the date stated in the Owner’s notice and shall thereafter apply to the occupancy hereunder.
14. Owner’s Lien Rights .
THE OWNER OF A SELF-SERVICE STORAGE FACILITY OR SELF-CONTAINED STORAGE UNIT AND THE OWNER'S HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS HAVE A LIEN UPON ALL PERSONAL PROPERTY, WHETHER OR NOT OWNED BY THE TENANT, LOCATED AT A SELF-SERVICE STORAGE FACILITY OR IN A SELF-CONTAINED STORAGE UNIT FOR RENT, LABOR CHARGES, 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 DISPO SITION PURSUANT TO THE FLORIDA SELF-STORAGE FACILITY ACT (FLA. STAT. ANN. § 83.801 ET SEQ.) . THE PROPERTY STORED IN THE SPACE MAY BE SOLD TO SATISFY THE LIEN IF THE TENANT IS IN DEFAULT. OWNER SHALL NOT BE LIABLE TO TENANT OR ANY THIRD PARTY FOR THE REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE OWNER BY THE TENANT THAT THE PROPERTY PLACED IN THE SPACE WAS NOT THAT OF THE TENANT. PRIOR TO PLAC ING ANY PERSONAL PROPERTY IN THE SPACE WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A PRIOR LIEN IS ATTACHED, THE TENANT IS REQUIRED TO NOTIFY THE OWNER, IN WRITING, OF THE NATURE OF AND IDENTIFY ANY SUCH PROPERTY PLACED IN THE LEASED SPACE AND NAME, ADDRESS, PHONE, AND E-MAIL OF LIEN HOLDER. At any time before the sale under this section, Tenant may pay the amount necessary to satisfy the lien and redeem Tenant’s personal property. Any payments made to satisfy the lien must be for the full amount owed to Owner. Owner's lien covers charges for rent, labor, other charges and Owner's expenses reasonably incurred in any sale of Tenant's personal property. Owner reserves the right to utilize on-line auction services to manage the sale of Tenant’s property as a result of Tenant’s default and the foreclosure of Owner’s lien. Tenant consents to the use of on-line auction services.
15. Towing Option .
In the event that any motor vehicle or watercraft remains stored in the Space after termination of the Rental Agreement or upon Tenant’s default of 60 days, and in addition to all other rights and remedies available to Owner, Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Tenant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Tenant’s expense. Owner shall incur no liability to Tenant for causing the vehicle to be removed pursuant to this paragraph.
16. Contractual Lien .
In addition to all applicable statutory liens, including but not limited to statutory liens arising the Florida Self-storage Facility Act, Tenant grants to Owner, to secure performance of Tenant’s obligations hereunder, a contractual lien and a security interest in the Vehicle and all goods, inventory, equipment, fixtures, furniture, improvements, and other property of whatever kind located in or attached to the Vehicle, and other personal property of Tenant now or hereafter situated in the Vehicle or re lating to Tenant’s use of the Facility, and all proceeds therefrom (the “Collateral”), and the Collateral shall not be removed from the Facility without the consent of Owner until all obligations of Tenant have been fully performed. Upon the occurrence of a default, Owner may, in addition to all other remedies, without notice or demand except as provided below, exercise the rights afforded under the Uniform Commercial Code or otherwise and, to the extent applicable, to a secured party under the Uniform Comm ercial Code or otherwise. Tenant hereby agrees that Owner may file any notice, form, financing statement or other instrument necessary to perfect and/or foreclose on the Owner’s and/or garage man’s liens and the security interest in the Collateral granted to Owner herein. This Agreement shall constitute a security agreement covering the Collateral. It is expressly understood that Owner retains its Owner’s statutory lien. All rights of Owner hereunder or in law or in equity are cumulative, and an exercise o f one or more of such rights shall not constitute a waiver of any other rights. Tenant hereby waives and renounces its right to the benefit of the exemptions provided under Florida Law.
17. Tenant’s Liability .
In the event of a foreclosure of the Tenant's interest in the Space, it is understood and agreed that the liability of the Tenant for the rents, charges, costs and expenses provided for in this Agreement shall not be relinquished, diminished or extinguished prior to payment in full. The Owner may use a collection agency thereafter to secure any remaining balance owed by the Tenant after the application of sale proceeds, if any. If any Property remains unsold after foreclosure and sale, the Owner may d ispose of said Property in any manner considered appropriate by the Owner.
18. Indemnity .
Tenant will fully and completely indemnify, hold harmless, and defend Owner from all claims, demands, actions, causes of action, and lawsuits whatsoever, including attorneys’ fees, that are hereafter brought or made by others arising out of, or connected in any way with, Tenant’s use of the Space and/or Facility, including claims based upon the active or passive negligence of Owner, or Owner’s agents or employees. This indemnity obligation specifically extends to any actions, orders, penalties, or enfor cement procedures made or brought by any governmental agency in connection with any materials or property stored in Tenant’s Vehicle.