Parking Space Lease - Template, Sample Form to Fill out Pro · AU-law
✓ Valid in Australia · drafted to comply with local law
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PARKING SPACE RENTAL AGREEMENT
This Parking Space Rental Agreement ("Agreement") is entered into and made effective on ________ by and between the following parties (collectively the "Parties" and individually a "Party"):
THE PROVIDER (hereinafter the "Provider"):
________ (ABN/ACN ________)
Of the following address:
________
AND THE RENTER (hereinafter the "Renter"):
________ (ABN/ACN ________)
Of the following address:
________
RECITALS:
A. The Provider wishes to offer for rent the parking space(s) defined below.
B. The Renter wishes to rent such parking space(s) from the Provider.
C. NOW, in consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration (the receipt and sufficiency of which is acknowledged), the Parties agree as follows.
(1) DEFINITIONS:
In this Agreement, the following definitions apply:
"ACL" means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied in ________.
"Agreement" means this agreement, including its recitals and any schedules.
"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in ________.
"Corporations Act" means the Corporations Act 2001 (Cth).
"Damage or Loss" has the meaning given in the "Security Deposit" clause of this Agreement.
"Deposit" has the meaning given in the "Security Deposit" clause of this Agreement.
"End Date" has the meaning given in the "Duration of Rental" clause of this Agreement.
"GST" means goods and services tax imposed on a supply of goods or services in Australia under GST Law.
"GST Amount" means an amount equal to the GST payable on the Rental, calculated by multiplying the Rental Price by the prevailing GST rate provided by GST Law.
"GST Law" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"New Address" has the meaning given in the "Notices" clause of this Agreement.
"Nominating Party" has the meaning given in the "Notices" clause of this Agreement.
"Party" means either the Provider or the Renter.
"Parties" means the Provider and the Renter collectively.
"Provider" means ________.
"Rental" means the transaction between the Provider and the Renter under this Agreement.
"Rental Price" means the amount (in Australian dollars) the Renter must pay the Provider for the Rental of the Space under this Agreement, as set out in the "Price" clause.
"Rental Period" means the period commencing on the earlier of the Start Date or the date the Renter actually starts using the Space, and ending on the later of the End Date or the date the Renter actually vacates the Space.
"Renter" means ________.
"Space" has the meaning given in the "Rental of Parking Space" clause of this Agreement.
"Start Date" has the meaning given in the "Duration of Rental" clause of this Agreement.
"Statutory Rights" has the meaning given in the "Limitation of Liability" clause of this Agreement.
"Termination" means the termination of this Agreement.
(2) INTERPRETATION:
In this Agreement, unless the context otherwise requires:
(a) words referring to one gender include every other gender;
(b) words referring to the singular include the plural and vice versa;
(c) where a word or phrase is defined, its grammatical variations have a corresponding meaning;
(d) words referring to a person include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa;
(e) any reference to time is a reference to time in ________;
(f) if something must be done on or before a particular date that falls on a day which is not a Business Day, it must be done on or before the next Business Day;
(g) an obligation not to do something includes an obligation not to allow that thing to be done;
(h) headings are for convenience only and do not affect interpretation;
(i) each Party must, at its own expense, take all reasonable steps to give full effect to this Agreement;
(j) a reference to legislation includes any subordinate, amended or substituted legislation;
(k) a reference to a document is a reference to that document as amended, replaced, supplemented or novated from time to time;
(l) a reference to a Party includes that Party's successors, assigns, legal personal representatives and any person substituted by way of novation;
(m) any reference to money is a reference to Australian dollars unless otherwise specified.
(3) RENTAL OF PARKING SPACE:
(a) The Provider agrees to provide, and the Renter agrees to rent, the following (the "Space"):
________
(b) The transaction between the Provider and the Renter is described in this Agreement as the "Rental".
(4) DURATION OF RENTAL:
The Rental Period will begin on ________ ("Start Date") and end on ________ ("End Date").
(5) PRICE:
(a) For the Rental of the Space, the Renter agrees to pay and the Provider agrees to accept the following amount:
$________ (________) per day from the Start Date to the End Date of the Rental, or until the Space is vacated by the Renter (whichever is the later) (the "Rental Price"). The Rental Price is exclusive of GST.
(b) If the Renter does not vacate the Space on or before the date required under this Agreement, the Provider may charge a daily fee equal to a proportion of the Rental Price, calculated on a pro rata basis.
(c) Each Party acknowledges the sufficiency of the Rental Price as consideration.
(d) Unless otherwise expressly agreed by the Parties, any taxes (including GST), duties (including stamp duty), levies, charges or imposts payable in respect of this Agreement or the transactions contemplated by it will be paid by the Renter.
(6) GOODS AND SERVICES TAX:
(a) Unless otherwise expressly agreed by the Parties, the Rental Price excludes GST.
(b) If GST is payable on the Rental made under or in connection with this Agreement, the Renter will pay the Provider an amount equal to the GST payable (the "GST Amount"), calculated by multiplying the Rental Price by the prevailing GST rate.
(c) The Renter must pay the GST Amount at the same time and in the same manner as the Rental Price is payable.
(d) The Renter's obligation to pay the GST Amount is conditional on the Provider providing a valid tax invoice in accordance with GST Law.
(e) This clause survives Termination or expiration of this Agreement.
(7) OUTGOINGS AND UTILITIES:
(a) The Provider will promptly pay the following applicable outgoings and utilities for the Space:
(I) land tax;
(II) council rates;
(III) parking space levy;
(IV) electricity;
(V) water;
(VI) owners corporation / body corporate fees;
(VII) the following maintenance items: ________.
(8) SECURITY DEPOSIT:
(a) A security deposit of $________ (________) is required (the "Deposit").
(b) The Deposit is due on or before ________.
(c) The Deposit will be held by the Provider as security for the performance by the Renter of its obligations under this Agreement and as security against any damage to the Space, loss of any keys, or loss suffered by the Provider in connection with this Agreement as a result of the acts or omissions of the Renter or any of its directors, employees, officers, agents, representatives or contractors ("Damage or Loss").
(9) PAYMENT:
(a) The Rental Price will be paid by the following method of payment:
________
(b) Payment of the Rental Price is due as follows:
________
(10) ACCESS TO SPACE:
The Renter acknowledges receipt of ________ swipe cards, keys, electronic devices or other items providing access to the Space.
(11) SUB-LETTING:
The Renter must not, whether voluntarily or by operation of law, sub-let, assign, delegate or otherwise part with possession of the Space or any part of it without the prior written consent of the Provider.
(12) USE OF SPACE:
The Renter covenants and agrees with the Provider during the term of this Agreement:
(a) to use the Space only for the parking of passenger vehicles;
(b) that no persons other than the Renter shall use the Space;
(c) not to keep, have or store at the Space any item which is flammable, explosive, radioactive, toxic or otherwise dangerous in nature (except for fuel in the fuel tank of any vehicle parked at the Space);
(d) not to use the Space, or permit it to be used, in any way which causes or is likely to cause nuisance or offence to the Provider or any occupants or users of areas in proximity to the Space, including nuisance from noise, odours or vibrations;
(e) not to use the Space, or permit it to be used, in any way which interferes with the rights of any occupants or users of areas in proximity to the Space;
(f) not by any act or omission to create any unreasonable risk of loss or damage for the Provider or any third party; and
(g) to comply with all applicable laws, by-laws, ordinances, regulations and any rules of the relevant owners corporation or body corporate in relation to the Space.
(13) INDEMNITY:
(a) The Renter indemnifies and holds harmless the Provider and its directors, employees, officers, agents, representatives and contractors against any losses, liabilities, claims, damages, expenses, charges, fines, penalties or other costs which they may incur, directly or indirectly, in relation to:
(I) the Renter's use of the Space;
(II) the use of the Space by any directors, employees, officers, agents, representatives, contractors or invitees of the Renter;
(III) the use of the Space by any party which accesses it as a result of an act or omission of the Renter (for example, as a result of the Renter losing a key);
(b) The Renter will not be liable under this clause to the extent that any loss, liability, claim, damages, expense, charge, fine, penalty or cost is caused by the negligence or wilful misconduct of the Provider.
(c) This clause survives Termination or expiration of this Agreement.
(14) LIMITATION OF LIABILITY:
(a) The Renter may have certain rights under the ACL or other similar or related consumer protection laws.
(b) The ACL may give the Renter certain rights, guarantees, warranties and remedies regarding the supply of goods or services by the Provider which cannot be excluded, modified or restricted ("Statutory Rights").
(c) The Provider's liability to the Renter is governed solely by the ACL and by this Agreement.
(d) To the maximum extent permitted by law, the Provider excludes all conditions and warranties implied by custom, law or statute, except for the Renter's Statutory Rights, and expressly disclaims all warranties of any kind.
(e) The Renter agrees that, to the maximum extent permitted by law, the Provider is not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Renter's use of the Space.
(f) In particular, the Provider is not liable for:
(I) any loss or damage to, or theft of, any of the Renter's property left in the Renter's vehicle at the Space; and
(II) any loss or damage to the Renter's vehicle, whether or not caused by other vehicles, other persons or any other party or event in the area surrounding the Space.
(g) Notwithstanding any contrary provision, and to the maximum extent permitted by law, the cumulative liability of the Provider to the Renter in connection with this Agreement (including for negligence, breach of this Agreement, or under any law or indemnity) is limited to the amount paid by the Renter under this Agreement.
(h) Where the Renter's Statutory Rights apply, to the maximum extent permitted by law the Provider's liability in respect of any claim is limited, at the Provider's option, to:
(I) the supply of the Rental again; or
(II) a refund of the Rental Price.
(i) The Provider's failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.
(j) This clause survives Termination or expiration of this Agreement.
(15) DEFAULT:
(a) If the Renter defaults in any of its obligations under this Agreement ("Default"), the Provider may give the Renter written notice of the Default ("Default Notice").
(b) On receipt of the Default Notice, the Renter has the following time to rectify the Default ("Default Time"): ________.
(c) If the Renter does not rectify the Default within the Default Time, the Provider may terminate this Agreement by written notice to the Renter, and on termination the Renter must immediately vacate the Space.
(16) TERMINATION:
Either Party may terminate the Rental by providing the following amount of written notice to the other Party: ________.
(17) INSURANCE:
(a) The Renter is responsible for arranging and maintaining its own insurance in respect of any vehicle parked at the Space and any property of the Renter kept at or in proximity to the Space.
(b) The Provider gives no warranty and accepts no responsibility for insuring the Renter's vehicle or any of the Renter's property, and the Renter acknowledges that such insurance is the sole responsibility of the Renter.
(c) Nothing in this Agreement obliges the Provider to insure the Renter's vehicle or any property of the Renter against any loss, damage or theft.
(18) VACATING THE SPACE:
(a) At the end of the Rental Period, the Renter must vacate the Space and remove the Renter's vehicle and all of the Renter's property from the Space.
(b) The Renter must return to the Provider all swipe cards, keys, electronic devices or other access items provided under this Agreement.
(c) The Renter must leave the Space in the same condition as at the commencement of the Rental Period, fair wear and tear excepted.
(d) If the Renter fails to vacate the Space at the end of the Rental Period, the Provider may charge a daily fee in accordance with the "Price" clause and exercise any other rights or remedies available under this Agreement or at law.
(19) NOTICES:
(a) Any notice, demand, request or other correspondence in relation to this Agreement required or permitted to be given in writing is deemed validly given to the Provider if delivered to the following address:
________
(b) Any such notice is deemed validly given to the Renter if delivered to the following address:
________
(c) The relevant email contact information for the Parties is:
Provider: ________
Renter: ________
(d) The relevant telephone contact information for the Parties is:
Provider: ________
Renter: ________
(e) Either Party (the "Nominating Party") may nominate another address (the "New Address") by notifying the other Party in writing. After nomination of the New Address, any notice is deemed validly given if delivered to the Nominating Party at the New Address.
(20) WRITTEN COMMUNICATION:
In relation to any correspondence or notification required under this Agreement to be provided in writing from one Party to the other:
(a) such notice is properly given if given to the other Party:
(I) by email to an email address the other Party has nominated, acknowledged or used in connection with this Agreement;
(II) by post to a postal address the other Party has nominated, acknowledged or used in connection with this Agreement; or
(III) by personal delivery to the other Party.
(b) such notice is taken to be received:
(I) if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address (unless the sender receives an automated message that the email has not been delivered);
(II) if sent by prepaid post within Australia, five (5) Business Days after the date of posting;
(III) if sent by prepaid post to or from an address outside Australia, twenty (20) Business Days after the date of posting; and
(IV) if delivered personally, on the date of delivery.
(21) GENERAL PROVISIONS:
(a) GOVERNING LAW: This Agreement is governed by the laws of ________ and any applicable Commonwealth law. Both Parties submit to the non-exclusive jurisdiction of the courts of ________ and the courts competent to hear appeals from them.
(b) LANGUAGE: All communications and notices under this Agreement shall be in the English language.
(c) ASSIGNMENT: This Agreement, or the rights granted under it, may not be assigned, sold, leased, subleased or otherwise transferred in whole or part by either Party without the prior written consent of the other Party.
(d) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.
(e) RIGHTS, REMEDIES AND POWERS: Unless expressly provided otherwise, any rights, remedies or powers a Party acquires under this Agreement are cumulative and in addition to any it may otherwise have.
(f) SURVIVAL OF OBLIGATIONS: On Termination or expiration of this Agreement, any provisions which by their nature would be expected to survive shall remain in full force and effect.
(g) NO WAIVER: No power or right under this Agreement is waived by any act or acquiescence of either Party. A power or right may only be waived in writing signed by the waiving Party. No waiver constitutes a waiver of any other power or right or of the same power or right on a future date.
(h) SEVERABILITY: If any provision of this Agreement is held to be unenforceable, this Agreement is deemed amended to the extent necessary to render that provision and the rest of the Agreement valid and enforceable. If a court declines to amend, the invalidity or unenforceability of any provision does not affect the validity or enforceability of the remaining terms.
(i) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties in relation to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral.
(j) COUNTERPARTS: This Agreement may be executed in counterparts, all of which together constitute a single agreement. If the dates of execution differ, this Agreement is effective from the later date of signing.
(k) FORCE MAJEURE: Neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control, including acts of God, acts of civil or military authorities, riots, embargoes, natural disasters, pandemics, and other unforeseen circumstances.
(l) FURTHER ACTS: Each Party must do all things and sign, execute and deliver all documents reasonably required to give effect to this Agreement and the rights and obligations created under it.
EXECUTED AS AN AGREEMENT ON ________
Signed for and on behalf of ________:
..................................................
________
Name and capacity of signatory: ________
Date: ________
In the presence of:
..................................................
Witness Signature
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Witness Name: ________
..................................................
Witness Occupation: ________
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Witness Address: ________
Signed for and on behalf of ________:
..................................................
________
Name and capacity of signatory: ________
Date: ________
In the presence of:
..................................................
Witness Signature
..................................................
Witness Name: ________
..................................................
Witness Occupation: ________
..................................................
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Witness Address: ________
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