Food Truck Parking Lease Agreement

Lease of Parking Space for Food Truck and Trailer

Agreement made on the day of , 20 , between

of ,

, referred to herein as Lessor; and

of ,

, referred to herein as Lessee.

Whereas, Lessor is the sole owner of that certain Parking Facility located at and more fully described below, part of which Lessor desires to lease to Lessee; and

Whereas, the parties desire to enter into a lease agreement to define their respective rights, duties, and liabilities concerning such a lease;

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, the parties agree as follows:

I. Demise and Description of Premises. Lessor hereby leases to Lessee the Parking Space numbered in the Parking Facility located at ,

, consisting of the property shown in red on the drawing of the Facility attached hereto as Exhibit A. Said Parking Facility is hereafter referred to as the Facility.

II. Term. The term of the Lease shall be (number) months, commencing on the day of , 20 , and terminating on the day of , 20___, unless sooner terminated under the provisions of this Lease.

III. Rent. During the term of this Lease, Lessee shall pay to Lessor rental of $ per month, payable in advance and due on the day of each month, except that the first installment of $ , will be due and payable on the execution of this Lease Agreement.

Rent checks shall be made payable Lessor and mailed or delivered to or to such other address as Lessor shall notify Lessee of in writing at .

IV. Use of Parking Space. The Parking Space is to be used for the purposes of parking a Food Trailer and Truck, hereinafter referred to as Truck. Lessee shall restrict use of the Parking Space to such purposes and shall not use or permit the use of the Parking Space for any other purpose without the prior, express, and written consent of Lessor.

V. Lessee’s Covenants. Lessee covenants with Lessor as follows:

A. To Pay Rent. To pay the rent at the times and in the manner set forth above in Section III.

B. To pay for all utilities resulting from leasing the Parking Space. Said utilities shall consist of such items as electricity, gas, and water.

C. Repairs. To pay for any necessary repairs to the Parking Space.

D. Improper Use. Not to make or suffer any unlawful, improper, or offensive use of the Parking Space, nor any use of the Parking Space other than the business purpose specified in Section IV.

E. To Conform to Regulations. To conform to such reasonable regulations as may be established from time to time by the Lessor for the general convenience of the other lessees of the Facility.

F. Heating and Lighting Apparatus. Any heating or lighting apparatus which may be used on the Parking Space shall be of such kind as the Lessor shall approve.

G. Not to Increase Insurance Rate. Not to carry upon the Facility anything which would increase the rate of premiums for insurance upon the Facility or its contents.

H. To Permit Lessor to Enter. To permit the Lessor at all reasonable times to enter upon and examine the Parking Space and make such repairs as may think necessary for the protection of the Facility.

I. Not to Assign or Sublet. Not to assign this Lease or to sublet the whole or any part of the Parking Space without the consent in writing of the Lessor.

J. To Yield up in Good Repair. At the end of the term to peaceably deliver up to the Lessor the Parking Space, in good repair, vacant and unencumbered, and in good order and condition.

K. Compliance with Laws. In relation to this Lease, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authorities will be followed and complied with in all respects.

L. Security Deposit. To give Lessor and Lessee agrees that Lessor will receive from Lessee the sum of one month's rent (the Deposit) as a security deposit in connection with this Lease for the Parking Space. Lessor and Lessee agree that Lessor will continue to hold the Deposit as a security deposit for the full and faithful performance by Lessee of each and every covenant, term and condition of this Lease. The Deposit shall be returned to Lessee within days after the expiration of the Term of this Lease, provided Lessee has fully performed under this Lease.

Such sum is not prepaid Rent and shall not be applied by Lessee to the Rent for the last (or any) month of the Term of this Lease, or to any other amount due under this Lease. Lessor shall have the right to comingle such Deposit with any other accounts of Lessor, and shall not be required to keep a separate account for such security deposit. Lessor shall have the right to apply any part of the deposit to cure any default of Lessee, and if Lessor does so, Lessee shall upon demand deposit with Lessor the amount so applied so that Lessor shall have the full Deposit on hand at all times during the Lease Term. The Deposit under this Lease shall not be assigned or encumbered by Lessee without the written consent of Lessor, and any such assignment or encumbrance without such consent shall be void.

VI. Liability.

A. Lessee shall defend, indemnify and hold harmless Lessor, including their respective members, agents, employees and assignees, from and against all causes of action, claims, damages, losses and expenses, including reasonable attorney's fees, resulting from or arising out of bodily injury or death, or damage to or destruction of the Parking Space, in connection with Lessee's use or occupancy of the Parking Space, except to the extent caused by Lessor's negligence or misconduct. Moreover, Lessor shall not be liable for any damage or injury to the Parking Space or to any property thereon, to Lessee, its agents, contractors, employees, invitees or licensees, arising from any use or condition of the Parking Space, including but not limited to any injury or damage to persons or property resulting from fire, explosion, collapse, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Parking Space. Lessee shall defend, indemnify and hold Lessor harmless from and against any and all causes of action, claims, damages, losses and expenses, including reasonable attorney's fees, in connection therewith, in all cases except to the extent caused by Lessor's negligence or misconduct. In addition, Lessee shall indemnify and hold Lessor harmless against any and all claims, expenses, demands, losses, costs, fines or liabilities of any kind or nature (including but not limited to those arising from personal injury, death or property damage) in any way related to or arising out of:

1. The storage, use, manufacture or presence of any unpermitted Hazardous Substances (as defined below) on the Parking Space; and

2. The failure by Lessee to conform to any applicable federal, state or local law, rule, regulation or order related to Hazardous Substances.

B. As used in this Lease, “Hazardous Substances” shall mean but not be limited to the term "hazardous substances" shall mean all hazardous and toxic substances, wastes or materials, any pollutants or contaminants (including asbestos and raw materials which include hazardous constituents), or any other similar substances, or materials which are included under or regulated by any local, state or federal law, rule or regulation pertaining to environmental regulation, contamination or cleanup, including the Comprehensive Environmental Response, Compensation, and Liability Act as amended, and the Resource Conservation and Recovery Act as amended, and/or any state lien or state superlien or environmental cleanup statutes.

VII. Insurance.

A. Lessee shall, at its expense, at all times during the Term of this Lease maintain in force a policy or policies of (i) comprehensive public liability insurance, including liability for both bodily injury and property damage, against claims for loss of life, bodily injury, and property damage occurring in, on, or about the Leased Premises or with respect to the operations of Lessee in the Leased Premises, in which the limit of public liability coverage shall be not less than $ combined single limit, for bodily injury, death, and property damage liability, and (ii) special coverage casualty insurance covering property and inventory used or stored at the Leased Premises.

The policy of public liability insurance set forth in (i) above shall be written by one or more insurance companies licensed to do business in the state of , shall name Lessor as additional insured and as the certificate holder thereof, and shall not be cancelable or amendable for any cause without first giving Lessor days prior written notice.

A certificate of the insurance or, at the request of Lessor, a duplicate original of the policy, shall be delivered to Lessor on or before the Commencement Date, and certificates or, at the request of Lessor, duplicate originals of the policy with respect to all renewals, extensions or replacements thereof shall thereafter be furnished to Lessor at least days prior to the expiration or cancellation of any policies which they replace.

B. All policies set forth in Paragraph A above shall be written on an occurrence basis.

VIII. Liability.

A. Lessee shall defend, indemnify and hold harmless Lessor, including Lessor’s respective members, agents, employees and assignees, from and against all causes of action, claims, damages, losses and expenses, including reasonable attorney's fees, resulting from or arising out of bodily injury or death, or damage to or destruction of Parking Space, in connection with Lessee's use or occupancy of the Parking Space, except to the extent caused by Lessor's negligence or misconduct. Moreover, Lessor shall not be liable for any damage or injury to the Parking Space or to any property thereon, to Lessee, his agents, contractors, employees, invitees or licensees, arising from any use or condition of the Parking Space, including but not limited to any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, or leaks from any part of the Parking Space, except to the extent caused by Lessor's negligence or misconduct.

IX. Insurance.

A. Lessee shall, at its expense, at all times during the Term of this Lease maintain in force a policy or policies of (i) comprehensive public liability insurance, including liability for both bodily injury and property damage, against claims for loss of life, bodily injury, and property damage occurring in, on, or about the Leased Premises or with respect to the operations of Lessee in the Leased Premises, in which the limit of public liability coverage shall be not less than $ combined single limit, for bodily injury, death, and property damage liability, and (ii) special coverage casualty insurance covering property and inventory used or stored at the Leased Premises.

X. Insurance.

A. Lessee shall, at its expense, at all times during the Term of this Lease maintain in force a policy or policies of (i) comprehensive public liability insurance, including liability for both bodily injury and property damage, against claims for loss of life, bodily injury, and property damage occurring in, on, or about the Leased Premises or with respect to the operations of Lessee in the Leased Premises, in which the limit of public liability coverage shall be not less than $ combined single limit, for bodily injury, death, and property damage liability, and (ii) special coverage casualty insurance covering property and inventory used or stored at the Leased Premises.

B. All policies set forth in Paragraph A above shall be written on an occurrence basis.

XI. Lessor’s Covenants. Lessee shall peaceably hold and enjoy the Parking Space without hindrance on the part of the Lessor.

XII. Re-entry. In case of a breach of any of the Lessee's covenants set forth above, or in case the estate created by the Lease shall be taken from the Lessee by process of law or by proceedings in bankruptcy or insolvency or otherwise, the Lessor may, while the default shall continue, or at any time after such taking, and notwithstanding any license or waiver of any prior breach of condition, without notice or demand, enter upon the Premises and by such act terminate this Lease, and may then expel and remove, forcibly, if necessary, the Lessee and its effects, as allowed by law.

XIII. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary notwithstanding, 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.

WITNESS our signatures as of the day and date first above stated.