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Fill and Sign the Agreement Parking Space Form

Fill and Sign the Agreement Parking Space Form

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Agreement to Lease Parking Space Agreement to Lease Parking Space, hereinafter called the Agreement, made on       ,       , a corporation organized and (Date) (Name of Lessor) existing under the laws of the state of       , with its principal office (Name of State) located at       , and referred to herein as Lessor, (Street Address, City, County, State, Zip Code) and       , a corporation organized and existing under the (Name of Lessee) laws of the state of       , with its principal office located at (Name of State)       , referred to herein as Lessee . (Street Address, City, County, State, Zip Code) Whereas, Lessor owns the property at       , which (Street Address, City, County, State, Zip Code) includes a parking Space being further described Parking Space No.       ; and Whereas, Lessee desires to lease said Parking Space pursuant to the terms of this Agreement; Whereas, this Agreement is being entered into with the express understanding and Agreement that no bailment of deposit of goods for safekeeping is intended to be created hereunder; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor hereby leases and rents to Lessee those certain premises described above as Parking Space No.       (the Parking Space ), pursuant to the following terms and conditions. I. Use. The Parking Space is to be used by the Lessee for the parking of the following described vehicle: a large, heavy motor vehicle used for transporting goods and material with the following Make, Model, License Number and Color: A. Make       , B. Model       , C. License Number       , and D. Color       . II. Rental. A. Lessee shall pay as rental for the Parking Space $       per month, payable, without demand, in advance on the       day of each month commencing on the date set forth above. If the term of this Agreement commences on a day other than the first day of a month, Lessee shall only owe a portion of the first month‘s rent. Any rent paid in advance in excess of that owed for the prorata portion of the first month of this Agreement shall be credited to the month immediately following. Agreement to Lease Parking Space Page 1 of 5 B. Lessee agrees that in no event will Lessee be entitled to receive a refund of the rent paid for the first month of the Agreement. In addition, Lessee further agrees that if this Agreement is terminated on other than the last day of any month, Lessee is not entitled to a refund of any prorata portion of the month in which this Agreement is terminated. C . In the event that rent is not paid within       days after then due date, or in the event of a dishonored bank check from Lessee to Lessor, because actual damages for said late payments and dishonored bank checks are extremely difficult to ascertain, Lessee agrees to pay as liquidated damages $       for said late payment and/or for said dishonored bank check as additional rent. Said additional rent is due and payable immediately after Lessor‘s charging of the same. Charging or payment of a late payment charge and/or a dishonored bank check charge shall not limit Lessor‘s right for Lessee’s breach of any other terms of the Agreement. D. The monthly rental rate may be changed at any time by Lessor giving written notice to Lessee at the address provided above,       days before the expiration of any month of this tenancy. If Lessee has made an advance rental payment, the new rate will be charged against such payment. II. Access to Space. Lessor authorizes the following persons to have access to the Parking Space for the purpose of depositing or withdrawing property or doing anything else in connection with the said Space:       . (Names of Persons to have Access) III. Term. The term of this tenancy shall commence as of the date set forth above and shall continue from the first day of the month immediately following, on a month to month basis. IV. Use. A. Lessee shall not store or permit the presence of any hazardous substances which require the issuance of a permit by the Environmental Protection Agency or any state or local agency governing the issuance of hazardous substances permits. B. Lessee shall indemnify Lessor and hold Lessor harmless from and against all loss, cost, damage and expense (including, without limitation, attorneys' fees and costs incurred in the investigation, defense and settlement of claims) that Lessor may incur as a result of or in connection with the assertion against Lessor or any claim relating to the presence or removal of any hazardous substances, referred to in this Paragraph IV, or compliance with any federal, state or local laws, rules, regulations or orders relating thereto. The agreement to indemnify Lessor shall survive this Agreement. C. Lessee shall not do or permit to be done any act which creates or may create nuisance in connection with Lessee‘s use of the Parking Space. V. Release of Lessor’s Liability. As a further consideration for the use and Agreement to Lease Parking Space Page 2 of 5 occupancy of the Parking Space , Lessee agrees that Lessor, its agents, employees, and assigns shall not be liable to Lessee, his agents, guests, licensees or invitees for any loss or damage, injury or death caused to them or to their property, as the result of the use and occupancy of the Parking Space . It is further agreed that any stored property is placed on this Parking Space at Lessee‘s sole risk, and Lessor and Lessor‘s agents, employees and assigns shall have no responsibility or liability for any loss or damage to said property from any cause whatsoever, including the active or passive acts, omissions, or negligence of Lessor or Lessor‘s agents, employees, or assigns. Lessee acknowledges that Lessor does not warrant or represent that any vehicle parked on said Parking Space will be: A. Safely kept, B. Be secure against theft, C. Be secure against hazards caused by rodents, insects, fire or the elements or weather or earthquake. It is agreed by Lessee that this release of Lessor‘s liability is a bargained for condition of the rent set forth above, and that were Lessor not released from liability as set forth here, a much higher rent would have to be agreed upon. VI. Insurance. Lessor does not provide insurance covering any of Lessee‘s property located on the Parking Space. VII. Parking Lot Attendants. Lessor shall not provide parking lot attendants. In the event that Lessor provides such attendants, any use of such attendant by Lessee to park or drive Lessee’s vehicle shall be at Lessee’s request, direction and sole risk of any resulting loss and Lessee shall indemnify Lessor for any loss resulting from such use. VIII. Termination. Either party may terminate this Agreement by providing       (Number) days written notice to the other party. Any such notice shall be directed to a party at the party’s address as listed above in this Agreement. IX . No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. X. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) Agreement to Lease Parking Space Page 3 of 5 XI . Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. XIII. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XIV. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XV. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XVI. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated.             (Name of Lessor) (Name of Lessee) By: By: (Signature of Officer) (Signature of Officer)             (Printed Name & Office in Corporation) (Printed Name & Office in Corporation) / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / Agreement to Lease Parking Space Page 4 of 5 Addendum (if Storage Space Agreement is entered into) A Storage Space Agreement is simultaneously being entered into by the parties, a copy of said Storage Space Agreement being attached hereto as Exhibit A.             (Name of Lessor) (Name of Lessee) By: By: (Signature of Officer) (Signature of Officer)             (Printed Name & Office in Corporation) (Printed Name & Office in Corporation) Agreement to Lease Parking Space Page 5 of 5

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