Rules and Regulations 

In effect as of August 1, 2024

     These rules and regulations relate to entirety of the property generally known as, or otherwise a part of, 4051 Madison Street, New Port Richey (herein, in whole or in part, the “Property”) and owned from time to time by the person referred to in these rules and regulations as the “Owner” (currently Madison Square Shops & Self Storage LLC) and includes any person to whom any agreement relating to the Property is assigned. The day-to-day operations of the Property may be managed from time to time by a management company (currently, Powell Management, Karen Powell, manager) and/or by the Owner (herein, such person acting in its capacity as the manager of the Property from time to time, the “manager”). They are additions to the requirements of an occupant under a storage agreement and/or storefront lease with the Owner; they do not in any way limit the Owner’s other right(s) under those agreements; and they remain in full force and effect at all times during and after the relevant agreement ends. Any violation of these rules and regulations is a violation of the relevant agreement with the Owner and will constitute an event of default for which the Owner may (but is not required to) act.

     When used in these rules and regulations, the word “unit” refers the rented or leased premises or unit on the Property (which in every case is the interior portion of that space: inside the outer structural walls, above the foundation, and below the roof) that is the subject of the relevant rental or lease agreement with Owner, and/or any other space on the Property which the renter has access to; and the word “renter” refers to both or either of (a) a person(s) acting under a storage agreement(s) with the Owner (herein “unit renter”), and/or (b) a person(s) acting under a storefront lease agreement (herein “lessee”); in each case including but not limited to a person who accesses the Property after the relevant agreement has ended, and to each employee, agent, associate, or representative of the person. Where a person is (or is acting on behalf of) both a unit renter and a lessee, that person must follow the rules and regulations relevant to a unit renter when acting in that capacity and/or a lessee when acting in that capacity. Certain other terms used in these rules and regulations have the definitions provided below.

A.  Normal Business Hours:  Normal business hours for the Property are 8am to 6pm Monday through Saturday (and although allow certain lessees may be allowed to be open for business past the normal business hours, this exception(s) does not impact normal business hours of the Property). No renter is allowed to be, and no renter may allow any other person to be, on the Property (whether to access a unit or otherwise) except during normal business hours, unless in each instance that person has the manager’s prior written consent.

B.  Parking; Thruways:  Parking and designated thruways on the Property are to be used only by the renter and, for lessee, its customers, only during normal business hours, and only for the purpose of accessing the rented unit, and may be altered, redirected, or restricted from time to time by the manager in its sole discretion. No vehicle may exceed a speed of 10mph (or lower, as safety might require) at any time on the Property. Vehicles must be parked in an orderly manner within the line(s) defining a permitted parking space and nowhere else on the Property, and may not be left, temporarily or otherwise, in any other space on the Property, including but not limited to any parking or other space restricted or otherwise reserved from time to time by the manager in its sole discretion. Vehicles that do not reasonably and comfortably fit in a designated parking space are prohibited to be on the Property. Upon request, renter will furnish the manager a complete and accurate list of vehicle descriptions and license plate numbers for the renter’s vehicle and any vehicle of a renter’s employee that may be on the Property, and the renter will thereafter notify the manager in writing of any change of the same within five days after such change occurs. Parking of any vehicle outside of business hours or overnight is prohibited. (except a vehicle(s) that are expressly permitted overnight parking by a separate written rental agreement with Owner that is subject to the payment of additional rent by the render, and then only as and when permitted by that written agreement). Parking or otherwise occupying, even temporarily, in otherwise designated or restricted spaces is prohibited (which includes but is not limited to spaces that are subject to rental, spaces marked with a number and/or letter, reserved spaces, and/or spaces naming specific time(s), persons, and/or categories of vehicles permitted). Commercial vehicles and trucks larger than a standard Class 1 light duty box truck or that have more than two standard axels or 4 standard-sized tires are prohibited. The manager may, in its discretion, from time to time or at any time, choose to enforce or to not enforce, and/or choose one or more consequence(s) (whether by fine(s), towing, termination of agreement, banning a vehicle(s) from the Property, or otherwise), any or all parking rule(s) and/or regulation(s) without additional notice of any kind (except as and then only to the extent otherwise required by applicable law), and no exercise of this discretion will at any time or in any way affect the manager’s right to enforce or to impose a consequence(s) for with any other violation of these rules and regulations or otherwise be construed to be a course of conduct that alters the written provisions of these rules and regulations.

C.  Load and Unloading:  The renter has exclusive access only to the interior space of that renter’s unit(s). The renters may load and unload objects (being those permitted in the unit) into and out of their unit only at such times, in such areas, and through such entrances as are designated by the manager from time to time, and in any event no more than 1 continuous hour up to twice in any 24-hour period without the prior written consent of the manager in its sole discretion. AT NO TIME MAY ANY OBJECT BE OUTSIDE A UNIT UNLESS THAT OBJECT IS ACTIVELY BEING LOADED OR UNLOADED, and then only in connection with that loading or unloading. No vehicle, whether loading, unloading, parked, or idling in, may be left in, or otherwise obstruct or obscure in whole or in part any throughway on the Property (such determination to be made by the

manager in its sole discretion). If access to any unit is impeded temporarily by the manager, whether due to construction, repairs, or otherwise, the manager will use reasonable efforts to provide notice to renters of units known will be impacted so that they can plan accordingly; provided however that the manager may restrict access to the property at any time that the manager determines, in its sole and absolute discretion, such restriction to be warranted and otherwise in any case that the manager determines, in its sole discretion, to be an emergency (without limitation, emergency may include storm-related or other warnings).

D.  Activities Outside Unit:  Except while actively loading and unloading as provided above, the renter will not allow, and will not allow any other person to allow, any temporary or permanent obstruction (including a full or partial obstruction by a vehicle), trash, garbage, improvements, merchandise, displays, or any other detractions in any area outside of its unit, including but not limited to on any thruway, roadway, parking area, sidewalk, walkway, or otherwise outside the interior of its rented space.

E.  Food and Food Waste:  The renter will not allow, and will not permit any other person to allow, food or foodstuffs (including but not limited to waste mingled with food or foodstuffs; collectively “Food”) to be located or stored on or at the property at any time unless and then only to the extent expressly permitted and paid for under a storefront renter’s written agreement with the manager then in full force and effect. In addition to constituting an event of default or cause under any agreement relating to the property or any portion thereof, any renter responsible for Food being on the property shall be liable for all claims and any other direct or indirect, foreseeable or unforeseeable, consequence that may result from or in any way relate to such activity, any shall indemnify, defend, and hold harmless the manager from and against any such claim or consequence and this provision shall survive the termination of the agreement with Owner and the dispossession of the unit from the renter.

F.  Littering; Waste:  No renter will permit littering on the property. The renter will immediately transport all garbage and all trash (collectively, “waste”) off the property for disposal. No renter shall, and no renter shall permit any other person to, leave waste in or outside its unit, vehicle, or otherwise anywhere on the property. In any event, no waste is to be located anywhere on the property, even temporarily, except in an appropriately designated receptable approved in writing in advance by the manager. Trash receptacle(s) that may from time to time be located on the property are for the exclusive use of storefront renters under long-term leases that expressly permit and pay for use of such receptable(s), and for no other person(s), and in any event are for the disposal of office-related trash generated by and directly relating to the Permitted Business of the storefront carried out on the unit and in no event for the disposal of any Food. The renter shall ensure that all waste is kept inside the closed and locked container specified for such purpose from time to time by the manager.

G.  Cleanliness; No Pests. The renter, at its sole cost and expense, shall keep its unit(s) in a clean, sanitary and orderly condition, free of, and free of any conditions that may reasonably result in, insects, rodents, vermin, and other pests anywhere in the unit or otherwise on the Property.

      1.  Limited Access to Electricity:  Certain units may provide access to electricity, and certain units may have an electric overhead light fixture. Regardless of what might otherwise exist or appear to exist in any unit, no renter may access electricity or electrical conduits or other equipment except (a) for unit renters, through the proper use of one single junction box located in the unit that provides two 20-amp, 120 volt outlets, which box and outlets existed at the time the renter was first granted possession of the relevant unit, and through the proper use, in the ordinary course and only while the time renter is in the unit, of any existing overhead light fixture, AND (b) otherwise through the proper use of all electricity, in each case that appear to the renter in the reasonable exercise of the renter’s judgment, to be in all respects in good and safe working order; AND (c) where the relevant agreement expressly permits access to electricity in that unit, AND (d) where the renter pays for the electricity in full and when due or, for unit renters, pays Landlord an electricity surcharge in an amount from time to time established by the manager in its sole discretion. Any renter whose unit has a safe, working light fixture, whether inside or adjacent to its unit, shall at its own cost and expense, replace any nonworking light bulbs immediately.

      2.  Safety:  Any renter having access to electricity in its unit or having wires, conduits, or any other electrical element in or running through its unit, shall exercise reasonable judgment in respect of the safety of such matters, and shall immediately stop using any electricity or accessing the area in which the offending element is located and notify the manager in writing of the issue.

      3.  No Other Access to Electricity:   Renter shall not use or access any other electricity on the property, whether additional conduits are located in the unit or anywhere else on the property (including but not limited to any existing 240v access), absent, in each case, a prior written agreement between the owner and the renter given in the sole discretion of the manager and, in any event, that identifies the parameters around which any additional electricity may be used or installed and identifies the initial amount to be paid by the renter for that installation and/or additional access.

      4.  No Access to Electrical Systems:  No renter shall enter the area where any meter or any breaker box is located, and no renter shall unlock, lock, tamper with, or otherwise interfere with any meter, breaker, or breaker box; provided that, in the event of an imminent emergency, a renter may cut off the entire building’s electrical current at the main breaker box so long as immediately thereafter the renter notifies (by text, phone call, and email) the manager of the same, and contacts Duke Energy to report the same.

      5.  Violations:  Any renter accessing or otherwise tampering with, or allowing any person access to the unit such that such person may access or otherwise tamper with, any electrical receptacle, wire, breaker box, meter, or other connector or system or any part of any of them, whether in, servicing, or passing through the unit, in or feeding another portion of the property, the building in which the unit is located, or at or near any meter or breaker box, is not only in violation of these rules and regulations, but also does so at the renter’s own risk. No renter may, at any time, do or cause or permit any other person to do, any of the following in each case absent a prior written consent from the manager that specifically sets forth the alteration to be permitted to be conducted by a qualified, bonded licensed electrician: (1) make any alteration, modification, addition, subtraction, or other change to an outlet, junction box, wire, breaker, breaker box, meter, or anything else relating to any electrical system; (2) use any extension cord or other expansion device anywhere on the Property; or (3) in any space other than a storefront, leave any appliance or anything else plugged into an outlet except when the renter is present in the unit, all of which are to be disconnected whenever the renter leaves the unit, even for a short period of time.

      6.  Consequence:  Any violation of this subsection H of this Addendum will constitute an event of default under the storage agreement and in addition to any other rights and remedies owner or any other person (including any governmental authority) may have, the renter/lessee will be wholly liable for all costs and expenses that may be associated with rewiring the entire building in which the unit is located, and the renter hereby waives any right it may have to claim such costs and expenses as being liquidated damages or a penalty.

      7.  Renter’s Liability; Indemnity:  By using or accessing any electricity in a unit, the renter accepts full responsibility and liability for all claims and any other direct or indirect, foreseeable or unforeseeable, consequence that may result from or in any way relate to such use or access, any will indemnify, defend, and hold harmless the manager from and against any such claim or consequence.

I.  Plumbing:  No plumbing (including but not limited to systems allowing access to water, sewers or other water drainage or systems anywhere on or serving any part of the property) (“plumbing”) may be used or accessed for any purpose by any person or in or through any unit absent the prior written consent of the manager at its sole discretion, and then only in connection with an amount of additional rent designated from time to time by the owner in its sole discretion, which written consent may be withdrawn at any time or from time to time. In any event, plumbing may be used only for the purpose for which it is designated and designed, and then only for the purpose specifically set forth in the written agreement and for which the renter pays additional rent. In any event, no grease and no other substance other than plain water (and, where a toilet has been properly installed, ordinary human waste through a toilet properly installed with the manager’s prior written consent) will be allowed to enter any plumbing. Without limiting owner’s other rights and remedies, any renter reasonably deemed to have violated this sentence will pay all costs and expenses associated with having the system(s) professionally flushed and otherwise serviced, and any renter reasonably deemed to have otherwise violated this paragraph will pay as additional rent a fine designated from time to time by the owner in its sole discretion.

J.  Loitering; Obstructing:  No renter will, and no renter will allow any other person to, loiter in or around any Common Area, or in any way to obstruct any Common Area, or to use the throughways as they may be designated from time to time by manager except to travel to or to leave from its unit where such travel is reasonably safe. Furthermore, the manager may exclude or expel from the Property any person who, in the manager’s sole judgment, is or may be intoxicated or under the influence of liquor, drug, or other substance, or who will or may in any manner violate any rule or regulation, or who, in the manager’s sole judgment, has not or may not comply at all times with each rule and regulation. “Common Area” means anywhere on the Property except inside the unit to which the relevant person has access through a valid and enforceable agreement with Landlord, and includes but is not limited to every sidewalk, entryway, passage, driveway, throughway, parking space, loading area, pick-up station, mail receptacle, ramp, stairway, and any entrance or exit on, to, or from the Property.

K.  Non-Renters on Property:  No renter will allow or permit any other person to enter or be on the Property without in each instance the manager’s written consent; except customer(s) of a lessee while actively engaged in that lessee’s business in its unit and otherwise insured by the insurance policy required to be carried by renter. Notwithstanding the foregoing sentence, a renter may permit its employees access to its unit so long as the employee is covered by workman’s comp insurance and complies with all renter obligations in respect of the unit and the property; and by having any employee on the property, renter thereby agrees to assume all liabilities for any claim and any other direct or indirect, foreseeable or unforeseeable consequence that may result from or in any way relate to that person’s activities on the property, any shall indemnify, defend (with counsel chosen by Landlord), and hold harmless the Owner and the manager from and against any such claim or consequence. Renter further agrees that, whether or not the person is an employee and whether or not the manager has consented to a person’s being on the property, renter assumes all liabilities that may be a result of such person’s presence or activities while at the property.

L.  Prohibited Activities:  The renter may not, and may not permit any other person to, do any of the following, without in each instance the manager’s prior written consent given in its sole discretion:

      1. create or permit litter, trash, garbage, waste, or any hazard of any kind on the property, including but not limited to throwing, discarding, or disposing of cigarette butts, vaping canisters or other smoking or drug related apparatus, paper, glass, or extraneous matter, except where it is disposed of in an appropriate receptacle located inside the unit and that is promptly removed from the property for disposal or, for lessees who have owner’s written consent to, and who pay an additional fee to, access owner’s or its own dumpster specifically designated for the short term storage and regular removal of such a matter, if any such dumpster exists, into that dumpster;

      2. use any sound-making device of any kind, or any product(s) that creates or produces in any manner, noise, sights or sounds that may be annoying, unpleasant, or distasteful to any other person (e.g. loudspeakers, televisions, radios, flashing lights, machinery or any other devices which can be heard or seen from outside the unit);

      3. deface, damage, or demolish any sign, light, bulb, fixture, landscaping material (including but not limited to plants or other landscape material, or any fence), or other improvement or structure on, in, or encompassing the property;

      4. access the mansard, electrical boxes or meters, gutters, or roof, or install any awning, vent or vent structure, improvement, obstruction or projection of any kind outside the unit except in the event of an emergency that is also contemporaneously reported to a 911 operator and to the manager;

      5. vend, peddle, or solicit outside (or from inside if directed to persons outside) the unit;

      6. exhibit any sign, advertising, placard, insignia, trademark, banner, notice, or other written, photographic, or videographic material on the glass panes and supports of any window or door (or within 24 inches of any window or door), or otherwise Outside the unit;

      7. encourage, participate in, or otherwise permit any violent, abusive, loud, rowdy, harassing, annoying, or physically coercive or unwanted act or behavior on, near, or affecting the property or any person at the property, or otherwise that may annoy or have a negative impact on any person on the property; use an angry or aggressive tone, use any profane or foul language, or otherwise make or allow any other noise that may be heard outside of the unit; behave in an aggressive or offensive manner; or otherwise do anything that may constitute or may encourage a nuisance on the property; each as determined by the manager in its sole opinion;

      8. disturb in any way any persons’ quiet enjoyment of the property and its unit;

      9. hold any parade, rally, patrol, picket, and demonstration; or engage in any conduct that might interfere with or impede the use of any Common Area by any establishment, customer, business invitee, employee, tenant, or other person; or create a disturbance, attract attention, harass, annoy, disparage or engage in any other activity detrimental to the interest of the property as a whole or any part thereof, the owner or manager, or any establishment, customer, business invitee, employee, renter, tenant, or other person;

     10. drive or operate any motor vehicle of any kind, ride or operate any cycle (bicycle or otherwise), or otherwise access or be on the property or in any unit except as otherwise specifically permitted under the relevant agreement and these rules and regulations; and in any event, such activity is at the sole risk and responsibility of the person so-acting;

     11. install or permit any communication equipment (e.g. cameras or video equipment) that captures any image or activity outside the unit;

     12. bring or allow any form of weapon, whether or not otherwise legal, to be brought onto or remain on the property or in the unit; or

     13. conduct or advertise any auction, fire, bankruptcy, lost-our-lease, going-out-of-business or similar sale in respect of, within, or from the unit.

M.  Dumpsters:  No renter may bring a dumpster or other waste receptacle onto the property without the prior written consent of the manager, which may be given, withheld, or qualified in the manager’s sole discretion. Occasionally a dumpster maintained by an individual renter solely for its own use may be tolerated. Notwithstanding any consent, written or otherwise, provided to that renter, the renter that is responsible for bringing the dumpster on the property and/or using or accessing a dumpster at any time while it is on the property (whether or not permission for such use or access is given) shall be solely (and, if more than one, jointly and severally) responsible for any and all costs and expenses in any way relating to or caused by that dumpster or its presence or use on the property, and the manager may require that any dumpster be removed from the property immediately or that the renter make additional rent payments in connection with that dumpster, in either case upon notice given at any time and for any or no reason. No renter (including the renter using a dumpster) will rely on any oral statement or writing made by the manager or the Owner as to any dumpster (including but not limited to the legality, placement, or appropriateness of the dumpster, its use, or otherwise, or any representation, warranty, or covenant relating thereto), it being understood that all risks, obligations, and liabilities that may be associated with or relate to the a dumpster will be solely that of the renter responsible for bringing the same onto the property.  Further, leaving a dumpster on the property may interfere with traffic and flow and, if left unlocked, may attract trespassers to the property. All dumpsters on the property must be securely locked at all times when outside an otherwise-locked space. No dumpster may be left outside an otherwise-locked space except for a period of no more than 4 hours on the day the dumpster is tipped.

N.  Enforcement:  The manager, in its sole discretion, may enforce one or more of these rule(s) and regulation(s) at any time and from time to time, and may impose any or no consequence to any violation thereof (including termination) except as otherwise expressly limited under a relevant storage or storefront agreement that is, at the time of the violation or of the determination of the consequence, in full force and effect and not otherwise in default). No single decision or series of decisions by manager, whether and however communicated or not communicated, (including but not limited to verbal, behavioral, course of conduct, by waiver, or otherwise), to enforce or not enforce, or to impose any specific consequence(s) or no consequence(s) of a violation(s) of, any rule(s) or regulation(s) will change or otherwise excuse any person from its obligation to comply in all respects to every rule(s) or regulation(s) relating to the Property, and no person may rely on any such decision(s) or choice(s) of consequence(s) to relieve that person from its obligations to comply at all times with each and every such rule(s) and regulation(s) as written here.

O.  Rights and Remedies:  The Owner may exercise any right and/or remedy it may have, whether by agreement, at law, in equity, or otherwise, under these Rules and Regulations in every case without limiting any of the other rights and/or remedies the Owner may have. The renter shall pay to the Owner, upon demand whenever or however given, in addition to and not in lieu of the owner’s other rights and/or remedies, $100 per occurrence for each violation of the rules and regulations; each day such violation continues to constitute a new occurrence of such violation. The renter hereby agrees to, and agrees that the manager in its sole discretion may, remove or cause to be removed from the Property any person who the manager has reason to believe has, may have, or is reasonably likely to imminently violate the relevant agreement or any rule(s) or regulation(s) set forth in these Rules and Regulations.

P.  Sheriff and Other Governmental Authorities:  Any representative of any governmental or quasi-governmental entity, including but not limited to any representative of the Pasco County Sheriff’s Department, may enter, and/or may remove any person from, the property or unit at any time and from time to time with or without the assistance of the manager, and the renter/lessee hereby agrees that any such action or assistance is hereby authorized, and in no event will manager be liable or responsible for such action or for providing any such assistance.

Q.  No Waiver:  The manager may choose to enforce or to not enforce any rule and regulation at any time and from time to time in its sole discretion; provided that no actions or failure(s) to take any action(s) by the manager at any time or from time to time will constitute a modification of any of these written rules and regulations, and these written rules and regulations shall continue to be in full force and effect without modification regardless of any verbal, behavioral, course of conduct, by oral waiver by the manager to the contrary. NO ORAL STATEMENT BY THE MANAGER OR ITS AFFILIATES CONSTITUTES A WAIVER OR OTHER MODIFICATION of any rule or regulation, and renter/lessor will not rely on any such oral statement; and no waiver or exception by the manager shall be effective or enforceable unless the prospective violator has received a written document signed by the hand of the manager and expressly 1) describing the violation, 2) stating what violation is being waived by the manager, 3) describing the parameters of the action permitted to be taken under which the waiver and the section of these rules and regulations that are being waived, and 4) identifying the beginning and ending dates such violations are waived; and, notwithstanding any such written waiver, in the event the renter/lessee violates any other rule or regulation then in effect during the waiver term, or continues to violate a rule or regulation beyond the waiver term, any such waiver, written or otherwise, shall be void ab initio.

R.  Liability:  Without limiting any other remedies the manager may have, by violating any of the foregoing, the renter accepts complete liability for any action or inaction, activity, or consequence that may result, directly or indirectly, from that violation, and agrees to indemnify, defend (with attorneys chosen by the owner), and hold harmless owner and its Affiliates from any and all claims arising or resulting from that violation.

S.  No Third-Party Beneficiaries:  There are no third-party beneficiaries to these rules and regulations, as each of these rules and regulations is for the sole benefit of the owner, and may be enforced only by the owner or the manager, each in its sole discretion and without regard to any other person, including but not limited to any, or any other, renter(s).

T.  Additional Definitions:  A “storage agreement” is the written agreement signed by the renter and the owner that is in full force and effect and as to which the renter has a current storage right. A “unit” means the interior portion of the unit(s) or storefront(s), as the case may be, that is or was the subject of a storage agreement or a storefront lease, as applicable. The “property” means the entirety and any portion of the property commonly known as 4051 Madison Street New Port Richey Florida and all improvements. The “manager” is the owner of the property from time to time (the “owner”) or a representative of the owner from time to time identified by the owner as being the manager of the property. An “affiliate” is, as to a person, each and every employee, agent (independent or otherwise), contractor or subcontractor (including but not limited to any employee, agent (independent or otherwise), representative, or invitee of such person), representative, customer, invitee, or any other person on or impacted by the property by reason of that person, any affiliate of that person, or that person’s business or other activity on or emanating from the property. The “normal business hours” are 8 a.m. to 6 p.m., Monday through Saturday; and although by written agreement certain lessees may operate up to 11p.m. on certain days, these are not normal business hours for any person or place other than that lessee’s business. Headings and defined terms are used for convenience only and do not affect the construction or interpretation of these rules and regulations.