Parking Space Lease Agreement - Template, Sample Form Pro · US-law
✓ Valid in United States · drafted to comply with local law
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PARKING SPACE LEASE AGREEMENT
State of ________
This Parking Space Lease Agreement (this "Agreement") is entered into and made effective as of ________ (the "Effective Date"), by and between the following parties:
________, a ________ organized and existing under the laws of the State of ________, having its principal place of business at the following address:
________
and ________, a ________ organized and existing under the laws of the State of ________, having its principal place of business at the following address:
________
Hereinafter, "Lessor" shall refer to ________, and "Lessee" shall refer to ________. Lessor and Lessee may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, Lessor wishes to offer for rent a parking space; and
WHEREAS, Lessee wishes to rent such parking space from Lessor;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE I — LEASE OF SPACE
§ 1.1 Lessor hereby agrees to provide, and Lessee agrees to rent, the parking space located at the following address:
________
§ 1.2 The parking space is more particularly described as follows:
________
§ 1.3 Lessee's lease of the parking space is hereinafter referred to as the "Lease."
§ 1.4 This Agreement creates a license to use the parking space for vehicle parking only and does not create any tenancy, estate, leasehold, or other interest in real property in favor of Lessee.
ARTICLE II — ATTENDANTS
§ 2.1 The parking lot may be supervised by parking attendants. In the event that Lessee uses any such attendant to park or move Lessee's vehicle, the sole risk of any resulting loss lies with Lessee, and Lessee shall indemnify, defend, and hold Lessor harmless for any loss resulting from such use, except to the extent caused by the gross negligence or willful misconduct of Lessor.
ARTICLE III — TERM
§ 3.1 The Lease shall commence on ________ (the "Start Date") and shall end on ________ (the "End Date"), unless earlier terminated in accordance with this Agreement.
ARTICLE IV — PRICE AND PAYMENT
§ 4.1 For the Lease, Lessee agrees to pay, and Lessor agrees to accept, the amount of $________ (________) (the "Lease Price") as a flat fee for the entire term of the Lease. The Lease Price is exclusive of any applicable taxes, which shall be the responsibility of Lessee.
§ 4.2 The Lease Price shall be paid on ________.
§ 4.3 Each Party acknowledges the sufficiency of the Lease Price as consideration for this Agreement.
§ 4.4 The Lease Price shall be paid by one of the following methods of payment:
________
§ 4.5 Any amount not paid when due shall accrue interest at the rate of ________% per annum, or the maximum rate permitted by applicable law, whichever is less, until paid in full.
ARTICLE V — SECURITY DEPOSIT
§ 5.1 A security deposit in the amount of $________ (________) (the "Deposit") is required. The Deposit shall be due on ________.
§ 5.2 Following completion of the Lease and the relinquishment of the parking space to Lessor in the condition required hereunder, Lessor shall return the Deposit to Lessee, less any amounts properly deducted for unpaid sums, damage beyond ordinary wear and tear, or other amounts permitted by applicable law, within the time period required by the law of the State of ________.
§ 5.3 In the event the Lease is cancelled prior to its commencement, the Deposit may be refundable at Lessor's sole and exclusive discretion.
ARTICLE VI — DISCLAIMER OF WARRANTIES
§ 6.1 The Parties agree that the parking space is leased on an "AS IS" and "WHERE IS" basis, and Lessor hereby expressly disclaims any and all warranties of quality, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by applicable law.
ARTICLE VII — LIMITATION OF LIABILITY
§ 7.1 Lessee agrees to hold Lessor harmless for any damage to or theft of the vehicle or any personal property left in the vehicle, and specifically agrees that Lessor shall not be responsible for any such damage or loss, except to the extent caused by the gross negligence or willful misconduct of Lessor.
§ 7.2 In no event shall Lessor's aggregate liability under this Agreement exceed the total amount paid by Lessee to Lessor under the Lease. To the maximum extent permitted by applicable law, Lessor shall not be liable for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of or relating to this Agreement.
ARTICLE VIII — INSURANCE
§ 8.1 Lessee shall maintain, at its own expense, valid automobile liability insurance covering any vehicle parked in the parking space, in amounts not less than the minimum coverage required by the law of the State of ________. Lessee shall provide evidence of such insurance to Lessor upon request.
ARTICLE IX — TERMINATION
§ 9.1 Either Party may terminate this Agreement prior to the End Date by providing not less than ________ days' prior written notice to the other Party.
§ 9.2 In the event of early termination, Lessee shall remain responsible for any amounts due and owing up to the effective date of termination.
§ 9.3 Upon any termination or expiration of this Agreement, Lessee shall promptly remove its vehicle and all personal property from the parking space and relinquish the parking space to Lessor in the same condition as on the Start Date, ordinary wear and tear excepted.
§ 9.4 Lessor may immediately terminate this Agreement upon written notice if Lessee fails to pay any amount when due, breaches any material term of this Agreement, or uses the parking space in violation of applicable law.
ARTICLE X — USE OF PARKING SPACE
§ 10.1 Lessee agrees to use the parking space solely for the purpose of parking a vehicle and for no other purpose.
§ 10.2 Lessee shall comply with all applicable laws, rules, regulations, and any posted signage or instructions of Lessor governing the use of the parking lot and the parking space.
§ 10.3 Lessee shall not assign, sublet, or otherwise transfer the parking space to any other person or party without the prior written consent of Lessor.
§ 10.4 Lessee shall not store hazardous materials in or upon the parking space and shall not conduct any repair, maintenance, or commercial activity within the parking lot.
ARTICLE XI — GENERAL PROVISIONS
§ 11.1 GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles, and any applicable federal law.
§ 11.2 VENUE AND JURISDICTION. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive in nature.
§ 11.3 LANGUAGE. All communications made or notices given pursuant to this Agreement shall be in the English language.
§ 11.4 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.
§ 11.5 AMENDMENTS. This Agreement may only be amended by a written instrument signed by both Parties.
§ 11.6 NO WAIVER. No term of this Agreement shall be deemed waived by any act or acquiescence of either Party. A waiver shall be effective only if made in a written agreement. No waiver of any term shall constitute a waiver of any other term or of the same term on a future occasion. Failure of either Party to enforce any term shall not constitute a waiver of such term or any other term.
§ 11.8 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous understandings, whether written or oral.
§ 11.9 HEADINGS. Headings are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
§ 11.10 COUNTERPARTS. This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If the dates of execution differ, this Agreement shall be effective as of the later date of signature.
§ 11.11 FORCE MAJEURE. Neither Party shall be liable to the other for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil or military authorities, riots, embargoes, natural disasters, and other unforeseen circumstances.
The email contact information for Lessor is: ________.
The email contact information for Lessee is: ________.
§ 11.13 Notices sent as above shall be deemed received three (3) working days after posting (in the case of inland first class mail), seven (7) working days after posting (in the case of airmail), or on the next business day following transmission (in the case of email, absent a delivery failure notice).
§ 11.14 In proving the giving of a notice, it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the email was properly transmitted, as the case may be.
EXECUTION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
LESSOR
Name: ________
Representative Name: ________________________
Representative Title: _________________________
Representative Signature: _____________________
Date: _____________________________________
LESSEE
Name: ________
Representative Name: ________________________
Representative Title: _________________________
Representative Signature: _____________________
Date: _____________________________________
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