VIEWS: 446 PAGES: 8 CATEGORY: Leasing Commercial Real Estate POSTED ON: 1/22/2011
This agreement allows a landlord to lease a parking space to a tenant and sets forth the rent to be paid for the parking space. The agreement grants an exclusive use of the space to the tenant and states that the tenant must register all vehicles with the landlord. It further states that the landlord is not responsible for lost or stolen property and that the tenant must maintain the space in accordance with the terms specified. This agreement should be used by landlords to lease a parking space to a residential or commercial tenant.
This agreement allows a landlord to lease a parking space to a tenant and sets forth the rent to be paid for the parking space. The agreement grants an exclusive use of the space to the tenant and states that the tenant must register all vehicles with the landlord. It further states that the landlord is not responsible for lost or stolen property and that the tenant must maintain the space in accordance with the terms specified. This agreement should be used by landlords to lease a parking space to a residential or commercial tenant. PARKING SPACE LEASE AGREEMENT THIS PARKING LEASE AGREEMENT (the “Agreement”), is made and entered in this ____ day of _______________, 20___, by and between _______________________ whose address is ___________________________ (the “Tenant”) and _______________________ whose address is_________________________ (the “Landlord”), herein collectively referred to as the “Parties”. WHEREAS, the Landlord desires to lease to Tenant and Tenant desires to lease from the Landlord the Premises (as described below), and the Parties hereby agree as follows: 1. Parking Lease For and during the Term of this Agreement, Landlord hereby grants to the Tenant and persons designated by Tenant a lease to use the parking space located at [Insert Full Address of Property Location] and designated as Space Number _______ (the “Parking Space”). 2. Exclusive Use The Parking Space is for the exclusive use of the Tenant and must be used for the parking or storage of motor vehicles only. Any motor vehicle maintenance or repair performed in the Parking Space, or any other use of the Parking Space without the prior consent of Landlord is prohibited. The Parking Space can accommodate [Insert the number of motor vehicles that may be parked in the Parking Space at one time] motor vehicles. 3. Term This Agreement will commence on __________________ and shall be for a period of _____________ years (or alternatively, the Term may be for a specific period, for example, September 1, 2010 – August 31, 2011). 4. Vehicles (a) Tenant must register all vehicles which may be parked in the Parking Space with the Landlord. Any unregistered vehicles parked in the Parking Space will be subject to being towed at the vehicle owner’s expense. (b) For the purpose of registration, the Tenant must provide description of the vehicles including vehicle make, model, color and license plate number and the vehicles must be in an operable state. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 5. Payment (a) Tenant shall pay in advance, on or before the first day of each calendar month, to the Landlord or his agent by mail or in person an amount of $_____________ plus any applicable taxes towards rent for the Parking Space. (b) Landlord reserves the right to increase the rent amount by giving _____________ days prior written notice to Tenant. (This provision is optional, and/or may be revised to allow an increase if the Term is extended) (c) The Tenant shall make no deductions in the rental amount for days on which Parking Space is not used by the Tenant. (d) All payments must be received by the due date or Landlord may, at its option, terminate the lease without further notice to Tenant. 6. Compliance with Rules (a) Tenant shall at all times comply with all applicable federal, state and municipal ordinances, rules, regulations, codes, laws and statutes relating to the use of and access to the Parking Space. (b) Landlord may from time to time adopt, modify and enforce any rules governing the use of and access to the Parking Space, including any key-card, sticker or other identification or entrance system and hours of operation. (c) If any person violates such rules, the Landlord may refuse to permit the vehicle to park in the Parking Space. The Landlord will be authorized to tow such vehicles at the vehicle owner’s expenseand any violation of these rules shall subject the car to removal. 7. Articles left in Vehicles Landlord is not responsible for items left in any vehicle parked in the designated Parking Space. Landlord will not be responsible and assumes no liability for any lost, stolen or damaged property, including Tenant's vehicle and its contents, while parked in the Parking Space. Tenant acknowledges and agrees that the Landlord shall not provide security for the vehicle or any of its contents. Tenant assumes all risk of parking in Landlord's parking lot. 8. Hazardous Materials © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 Tenant shall keep the Parking Space clean and free of debris and shall not store any hazardous materials on the Parking Space without the Landlord's express written approval. Tenant agrees to abide by all applicable laws relating to the handling of such materials and will promptly notify Landlord in writing of the receipt of any warning, violation, or complaint received from any agency or third party. Any release or spills of any hazardous chemical substance by the Tenant, shall be cleaned and removed in accordance with all applicable laws. 9. Repairs The Tenant shall not perform any repairs or any oil changes or engine work on the Parking Space. Any emergency car work for tire change or battery change will be permitted. Provided, Tenant will be responsible for disposal of tires or batteries. Any fluid leaks, such as oil or gas must be repaired promptly, and any leaks cleaned up promptly. Gasoline, other than in the normal single auto fuel tank, shall not be stored in the Parking Space. 10. Liability Landlord, its officers, agents and employees shall not be liable for any personal injury suffered by Tenant or Tenant’s guests or for any damage to or destruction or loss of any of Tenant’s personal property located or stored upon the Parking Space by fire, vandalism, theft or any other cause unless such injury or loss is attributable solely to the intentional, willful act or gross negligence of the Landlord. Tenant assumes all risk of loss or damage of Tenant’s property in the Parking Space caused by fire, windstorm, explosion or other cause, or by the act, or omission of any other tenant at the Property. Tenant further agrees to indemnify Landlord, its members, officers, agents and employees, from and against liability for damage, injury or loss alleged to have been sustained by Tenant or Tenant’s guests resulting from any cause whatsoever excepting only such damage, injury or loss caused solely by the grossly negligent or intentional acts of Landlord, its members, officers, agents or employees. Tenant accepts Parking Space “as is” and Tenant acknowledges that Landlord has not made and is not making any warranties whatsoever with respect to the Parking Space. 11. Termination (a) Either party may terminate this Agreement by providing thirty (30) days written notice to the other party (This is an optional provision and subject to negotiation). (b) If Tenant defaults any of the provisions of this Agreement, Landlord shall have the right to terminate this Agreement on ten (10) days prior notice, unless within such ten (10) day period Tenant cures such default. In addition, Landlord shall remove from the Parking Spaces any vehicles, without liability therefor whatsoever. 12. Entire Agreement and Amendments © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 This Agreement is the entire agreement between the Parties and supersedes all earlier and simultaneous agreements regarding the subject matter. This Agreement may be amended only in a written document, signed by both Parties. 13. Independent Contractors The Parties acknowledge that they are independent contractors under this Agreement, and except if expressly stated otherwise, none of the Parties, nor any of their employees or agents, has the power or authority to bind or obligate another party. Except if expressly stated, no third party is a beneficiary of this Agreement. 14. Governing Law and Forum This Agreement shall be interpreted in accordance with the laws of the State of __________________. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of the American Arbitration Association (AAA) under its jurisdiction in ________________ before a single arbitrator. The Parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award. The arbitration award shall be final, binding and non-appealable. The prevailing party shall be entitled to an award of its attorneys’ fees and costs. 15. Assignment This Agreement binds and inures to the benefit of the Parties' successors and assigns. This Agreement is not assignable, delegable, or otherwise transferable by Tenant in whole or in part without the prior written consent of Landlord. Any transfer, assignment, or delegation by Tenant without such consent is invalid. 16. No Waivers, Cumulative Remedies A party's failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of its rights under this Agreement. Except if expressly stated otherwise, all remedies under this Agreement, at law or in equity, are cumulative and nonexclusive. 17. Severability If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent of the Parties, the remaining portions © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. 18. Notices All notices, demands, and requests which may be given or which are required to be given by either party to the other, hereunder shall be in writing. Such notices shall be deemed delivered when personally delivered to the address of the party to receive such notice set forth below or, whether actually received or not, five (5) days after having been deposited in any post office or mail receptacle regularly maintained by the United States Government, certified or registered mail, return receipt requested, postage prepaid, properly addressed as follows (The Parties may agree that fax or electronic mail notice is acceptable, and if so, include that contact information below): If to Landlord: __________________________ __________________________ If to Tenant: ___________________________ ___________________________ 19. Captions and Plural Terms All captions are for purposes of convenience only and are not to be used in interpretation or enforcement of this Agreement. Terms defined in the singular have the same meaning in the plural and vice versa. IN WITNESS WHEREOF, the Parties have executed this agreement the day and year as first above written. TENANT By: __________________________________ Print Name: ___________________________ Title: ________________________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 LANDLORD By: __________________________________ Print Name: ___________________________ Title: ________________________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7
"Parking Lease Agreement"