Parking Space Rental Agreement - Template, Sample Form Pro · PH-law

Valid in Philippines · drafted to comply with local law

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Parking Space Rental Agreement - Template, Sample Form
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CONTRACT OF LEASE OF PARKING SPACE


KNOW ALL MEN BY THESE PRESENTS:


This Contract of Lease of Parking Space (the "Agreement") is made and executed at the City/Municipality of ________, Province of ________, this ________ day of ________, 20________, by and between:


________, of legal age, with the following nationality: Filipino, with Tax Identification Number ________, and with residence and postal address at ________, hereinafter referred to as the "LESSOR";

- and -

________, of legal age, with the following nationality: Filipino, with Tax Identification Number ________, and with residence and postal address at ________, hereinafter referred to as the "LESSEE".

The LESSOR and the LESSEE shall hereinafter be referred to individually as a "Party" and collectively as the "Parties".


WITNESSETH: That —


WHEREAS, the LESSOR is the owner, or is otherwise lawfully entitled to the possession and disposition, of a certain parking space hereinafter described, and is willing to lease the same;

WHEREAS, the LESSEE desires to lease the said parking space from the LESSOR upon the terms and conditions hereinafter set forth;

NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants and stipulations hereinafter contained, and pursuant to the provisions of the Civil Code of the Philippines (Republic Act No. 386), particularly Articles 1642 to 1688 thereof governing the lease of things, the Parties hereby agree as follows:


§ 1. SUBJECT OF THE LEASE

The LESSOR hereby leases unto the LESSEE, and the LESSEE hereby accepts in lease from the LESSOR, the parking space located at:

________

more particularly described as follows:

________

(the "Parking Space"). The lease of the Parking Space shall hereinafter be referred to as the "Lease". The LESSEE acknowledges that the Parking Space is received in good and tenantable condition.


§ 2. PERMITTED VEHICLE

Only the following vehicle shall be allowed to be parked in the Parking Space:

Vehicle: ________; Plate Number: ________

No substitution or addition of vehicles shall be permitted without the prior written consent of the LESSOR.


§ 3. USE OF THE PARKING SPACE

The LESSEE shall use the Parking Space exclusively for the parking of the vehicle specified in Section 2, and for no other purpose. The LESSEE may use the Parking Space in accordance with the following schedule:

________

The LESSEE shall not use the Parking Space beyond the stipulated schedule without the prior written approval of the LESSOR. The LESSEE shall not use the Parking Space for any unlawful purpose, nor for the storage of goods, nor in any manner that may constitute a nuisance or hazard under the law.


§ 4. CAR PASS

The LESSOR shall provide the LESSEE with a car pass to enable access to and use of the Parking Space. The LESSEE shall surrender the car pass to the LESSOR upon the expiration or earlier termination of the Lease.


§ 5. TERM OF THE LEASE

The Lease shall commence on ________ and shall continue on a month-to-month basis thereafter, until terminated by either Party in accordance with Section 13 hereof.


§ 6. RENT

The LESSEE shall pay to the LESSOR the sum of ________ Pesos (Php ________) per month as rent (the "Rent") for the duration of the Lease, exclusive of any applicable taxes which shall be for the account of the Party legally liable therefor.


§ 7. SECURITY DEPOSIT

The LESSEE shall deliver to the LESSOR a security deposit equivalent to one (1) month's Rent (the "Security Deposit") on or before ________.

The Security Deposit shall answer for any unpaid utilities, charges, or damages to the Parking Space attributable to the LESSEE. The balance of the Security Deposit, if any, shall be returned to the LESSEE without interest not later than thirty (30) days after the LESSEE surrenders the Parking Space and settles all outstanding obligations. The Security Deposit shall not be applied to the payment of any unpaid Rent during the subsistence of the Lease.


§ 8. MANNER AND PLACE OF PAYMENT

The Rent shall be paid in cash or by such other mode as the Parties may agree in writing, on or before the 1st day of each month, at the address of the LESSOR or at such other place as the LESSOR may designate in writing. Acceptance of any payment after its due date shall not be construed as a waiver of the LESSOR's right to demand timely payment.


§ 9. UTILITIES AND CHARGES

The LESSEE shall be responsible for the payment of any utilities, fees, or charges arising from the LESSEE's use of the Parking Space, if any.

Any charges, fees, or assessments imposed by any government authority or homeowners' or condominium association in connection with the Parking Space shall be for the account of the LESSOR, unless such charges arise directly from the LESSEE's use thereof.

The LESSEE shall promptly pay all such charges as they fall due and shall hold the LESSOR free and harmless from any liability arising from non-payment thereof.


§ 10. MAINTENANCE AND REPAIRS


§ 11. FORCE MAJEURE

Neither Party shall be liable to the other for any damage, loss, injury, or failure to perform any obligation hereunder occasioned by fortuitous events or force majeure within the contemplation of Articles 1174 and 1262 of the Civil Code of the Philippines, including but not limited to typhoons, earthquakes, floods, fires, epidemics, wars, civil disturbances, or acts of government, which are beyond the reasonable control of such Party.


§ 12. PARKING ATTENDANTS

The Parking Space may be attended by parking attendants. Should the LESSEE avail of such attendant to park or move the LESSEE's vehicle, the sole risk of any resulting loss or damage shall lie with the LESSEE, and the LESSEE shall indemnify and hold the LESSOR free and harmless from any liability which the LESSOR or the premises may suffer as a consequence thereof.


§ 13. TERMINATION

This Agreement may be terminated by either Party upon fifteen (15) days' prior written notice to the other Party, without prejudice to the rights and obligations that have accrued prior to such termination.


§ 14. SURRENDER OF PREMISES AND CAR PASS

Upon the expiration or termination of this Agreement for any cause, the LESSEE shall immediately vacate and peacefully surrender the Parking Space to the LESSOR in the same condition as when received, ordinary wear and tear excepted, and shall return any car pass issued. Failure to return any car pass shall render the LESSEE liable for the reasonable cost of replacement thereof.


§ 15. BREACH OF CONTRACT AND REMEDIES

Correspondingly, all remedies shall be available to the LESSEE in the event the LESSOR violates the terms of this Agreement. The LESSOR shall likewise be given seven (7) days from receipt of written notice to correct any such violation; upon failure to do so, this Agreement shall be immediately terminated, and the LESSOR shall promptly return to the LESSEE the Security Deposit and all unused advance rentals, and shall be liable for any costs or expenses resulting from such violation.


§ 16. ASSIGNMENT AND SUBLEASE

The LESSEE shall not assign, sell, lease, sublease, or otherwise transfer, in whole or in part, this Agreement or any of the rights granted hereunder, without the prior written consent of the LESSOR, in accordance with Article 1649 of the Civil Code of the Philippines.


§ 17. DATA PRIVACY

The Parties undertake to process any personal information collected in connection with this Agreement in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and applicable issuances of the National Privacy Commission, and to use such information solely for purposes related to the performance of this Agreement.


§ 18. AMENDMENT

This Agreement may be amended only by a written instrument duly signed by both Parties.


§ 19. NON-WAIVER

The failure of either Party to insist, in one or more instances, upon the strict performance of any term of this Agreement shall not be construed as an abandonment, cancellation, or waiver thereof. No waiver shall be deemed effective unless expressed in writing and signed by the Party against whom such waiver is sought to be enforced. No waiver of any term or provision shall constitute a waiver of any other term or provision, or of the same provision on a future occasion.


§ 20. SEVERABILITY

Should any provision of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected thereby, and the same shall continue in full force and effect as if the invalid provision had not been incorporated herein.


§ 21. HEADINGS

The headings of this Agreement are inserted for convenience of reference only and shall not be construed to define, limit, or otherwise affect the interpretation of its terms.


§ 22. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Where the dates of signing differ, this Agreement shall be effective as of the date on which the last Party signed.


§ 23. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising out of or in connection with this Agreement that cannot be settled amicably shall be brought exclusively before the proper courts of ________, to the exclusion of all other venues.


§ 24. ENTIRETY OF AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written, relating to the subject matter hereof. It may be amended only by a written instrument signed by both Parties.


IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.




________
LESSOR




________
LESSEE

SIGNED IN THE PRESENCE OF:



________          ________


ACKNOWLEDGMENT


REPUBLIC OF THE PHILIPPINES )
________, ________ ) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, this ________ day of ________, 20________, personally appeared the following persons:

1. ________, with competent evidence of identity by way of ________;

2. ________, with competent evidence of identity by way of ________;

all known to me and to me known to be the same persons who executed the foregoing Contract of Lease of Parking Space, consisting of ________ pages, including this page on which this Acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed.


WITNESS MY HAND AND SEAL on the date and at the place first above written.




________
NOTARY PUBLIC


Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.

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