Parking Space Lease Agreement - Template, Sample Form Pro · EN-CA-law
✓ Valid in Canada (English) · drafted to comply with local law
Create your Parking Space Lease Agreement - Template, Sample Form for use in Canada (English). Answer a few plain-English questions and the document fills in automatically as you go — then download it in Word and PDF, ready to sign or share. This version has been professionally rewritten to comply with local law.
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PARKING SPACE LEASE AGREEMENT
(Province of ________)
This Parking Space Lease Agreement (the "Agreement") is made and effective as of ________ (the "Effective Date") BETWEEN:
________, a corporation incorporated under the laws of ________, bearing corporate registration/business number ________, having its principal place of business at:
________
(the "Landlord"); and
________, a corporation incorporated under the laws of ________, bearing corporate registration/business number ________, having its principal place of business at:
________
(the "Tenant");
(each individually a "Party" and collectively the "Parties").
RECITALS
WHEREAS the Landlord owns, controls or is otherwise entitled to grant the use of the parking space described herein; and WHEREAS the Landlord wishes to rent such parking space to the Tenant, and the Tenant wishes to rent such parking space from the Landlord, upon the terms and conditions set out in this Agreement;
NOW THEREFORE in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Article 1 – PARKING SPACE
1.1 The Landlord hereby agrees to provide, and the Tenant agrees to rent, the parking space located at:
________
1.2 The parking space is more particularly described as follows (the "Parking Space"):
________
1.3 The Tenant's rental of the Parking Space under this Agreement is hereinafter referred to as the "Lease". The Tenant shall have the non-exclusive licence to use the Parking Space solely in accordance with the terms of this Agreement, and nothing herein shall be construed as granting the Tenant any estate, interest or tenancy in land.
Article 2 – TERM
2.1 The Lease shall commence on ________ (the "Start Date") and shall continue thereafter on a month-to-month basis until terminated by either Party in accordance with Article 10 of this Agreement.
Article 3 – RENT
3.1 The Tenant shall pay to the Landlord the sum of $________ (________) per month (the "Lease Price"), throughout the duration of the Lease.
3.2 The Lease Price is exclusive of any applicable goods and services tax (GST), harmonized sales tax (HST) or other applicable taxes, which shall be added to the Lease Price and paid by the Tenant where required by law.
3.3 Any amount not paid when due shall bear interest at the rate of ________% per annum, calculated and compounded monthly, from the due date until paid in full.
Article 4 – SECURITY DEPOSIT
4.1 The Tenant shall pay to the Landlord a security deposit in the amount of $________ (________) (the "Deposit"). The Deposit shall be due and payable on ________.
4.2 Following the completion of the Lease and the relinquishment of the Parking Space to the Landlord, the Landlord shall return the Deposit to the Tenant, less any amounts properly deducted on account of unpaid rent, damage or other amounts owing by the Tenant under this Agreement.
4.3 Where the Lease is cancelled prior to the Start Date, the Deposit may be refundable at the Landlord's sole and reasonable discretion.
Article 5 – PAYMENT
5.1 The rent shall be paid by the following method(s) of payment:
________
5.2 Payment shall be due on the following day of each month: ________.
Article 6 – PARKING ATTENDANTS
6.1 The parking lot may be supervised by parking attendants. In the event that the Tenant uses such an attendant to park or move the Tenant's vehicle, the sole risk of any resulting loss shall lie with the Tenant, and the Tenant shall indemnify and hold the Landlord harmless from and against any loss, damage, cost or expense resulting from such use, save and except to the extent caused by the gross negligence or wilful misconduct of the Landlord or its agents.
Article 7 – DISCLAIMER OF WARRANTY
7.1 The Parties acknowledge and agree that the Parking Space is leased on an "as is, where is" basis and that the Landlord disclaims, to the fullest extent permitted by applicable law, any and all warranties, conditions and representations of any kind, whether express, implied or statutory, including without limitation any implied warranties or conditions of merchantability, quality, durability or fitness for a particular purpose.
Article 8 – LIMITATION OF LIABILITY
8.1 To the fullest extent permitted by applicable law, the Tenant agrees that the Landlord shall not be responsible or liable for any damage to, theft of, or loss of the Tenant's vehicle or any personal property left in or about the vehicle, and the Tenant shall hold the Landlord harmless in respect thereof.
8.2 In no event shall the aggregate liability of the Landlord under or in connection with this Agreement exceed the total amount of rent actually paid by the Tenant to the Landlord under this Agreement. The Landlord shall not be liable for any special, indirect, incidental, consequential, exemplary or punitive damages arising out of or relating to this Agreement, however caused.
8.3 Nothing in this Agreement shall limit or exclude any liability that cannot be limited or excluded under applicable law, including liability arising from the Landlord's gross negligence, wilful misconduct, or fraud.
Article 9 – USE OF PARKING SPACE
9.1 The Tenant agrees to use the Parking Space solely for the parking of a single licensed and operational motor vehicle and for no other purpose. The Tenant shall not use or permit the use of the Parking Space for any unlawful purpose, for the storage of any goods, materials or property, for the repair or servicing of any vehicle, or in any manner that may cause damage to the Parking Space or constitute a nuisance to the Landlord or to other tenants or occupants.
9.2 The Tenant shall keep the Parking Space clean and free of debris and shall comply with all rules, regulations and applicable laws governing the use of the Parking Space, including without limitation all municipal by-laws and fire safety requirements.
Article 10 – TERMINATION
10.1 This Agreement may be terminated by either Party upon not less than fifteen (15) days' written notice to the other Party.
10.2 The Landlord may terminate this Agreement immediately upon written notice if the Tenant fails to pay any amount when due and such default continues for a period of ________ days after written notice, or if the Tenant otherwise materially breaches this Agreement.
10.3 Upon termination of this Agreement, any refund owing in respect of advance payments or the Deposit, and the return of any cheques in the Landlord's possession, shall be completed within fourteen (14) days. Any unpaid rental amounts shall be paid by the Tenant within seven (7) days of termination.
Article 11 – GENERAL PROVISIONS
A) LANGUAGE: All communications made and notices given pursuant to this Agreement shall be in the English language. The Parties have expressly required that this Agreement and all related documents be drawn up in the English language.
B) ASSIGNMENT: This Agreement, and the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred, in whole or in part, by either Party without the prior written consent of the other Party.
C) AMENDMENTS: This Agreement may only be amended by a written instrument signed by both Parties.
D) NO WAIVER: No term of this Agreement shall be deemed waived by any act or acquiescence of either Party. Only a further written agreement may constitute a waiver of any term of this Agreement. No waiver of any term or provision shall constitute a waiver of any other term or provision or of the same term or provision on a future occasion. The failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or of any other term.
F) SEVERABILITY: The Parties intend that:
G) COUNTERPARTS: This Agreement may be executed in counterparts, including by electronic signature and by electronic transmission, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. Where the dates set forth below differ, this Agreement shall be effective as of the later date on which both Parties have signed.
H) GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Province of ________ and the laws of Canada applicable therein, without regard to its conflict of laws principles. The Parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of ________.
I) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the Parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations and understandings, whether written or oral, between the Parties.
J) FORCE MAJEURE: Neither Party shall be liable to the other for any failure or delay in performance (other than the obligation to pay money) caused by events beyond its reasonable control, including without limitation acts of God, acts of civil or military authorities, riots, embargoes, epidemics, pandemics, natural disasters, and other unforeseen circumstances.
K) TIME OF THE ESSENCE: Time shall be of the essence of this Agreement.
L) ENUREMENT: This Agreement shall enure to the benefit of and be binding upon the Parties and their respective permitted successors and assigns.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the dates set out below.
LANDLORD
Name: ________
Per (Representative Name): ________
Title: ________
Signature: _____________________________________
Date: ________
TENANT
Name: ________
Per (Representative Name): ________
Title: ________
Signature: _____________________________________
Date: ________
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