Legal Garage Agreement

LEGAL GARAGE AGREEMENT

This Legal Garage Agreement (the "Agreement") is made and entered into as of Effective Date: by and between Owner Name: (Owner) and Garage Operator Name: (Operator).

Owner Entity Type: Individual Corporation LLC    Operator Entity Type: Individual Corporation LLC

RECITALS

WHEREAS, Owner is the lawful owner of the premises commonly known as: (the "Premises"); and

WHEREAS, Operator is engaged in the business of operating and maintaining a garage for parking, storage, repair and related services; and

WHEREAS, Owner desires to grant to Operator a non-exclusive license to use the Premises for the Permitted Use described below, and Operator desires to accept such license on the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. DEFINITIONS

1.1 "Premises" means the real property and improvements described at the address above, together with such parking areas, storage areas and access ways as reasonably necessary for the Permitted Use.

1.2 "Permitted Use" means the operation of a garage for parking, motor vehicle storage, minor and major repair, parts storage and sale, detail services, and such other activities as are expressly approved in writing by Owner. Describe any limitations or special uses:

2. GRANT OF LICENSE

2.1 Grant. Owner hereby grants to Operator a non-exclusive license to use the Premises for the Permitted Use subject to the terms, covenants and conditions of this Agreement. This license is limited to the areas of the Premises identified in any attached plan or, if no plan is attached, to areas customarily used for garage operations.

2.2 Access. Operator shall have access to the Premises during normal operating hours and any additional hours agreed in writing. Specify standard hours if applicable:

3. TERM

3.1 Term. The term of this Agreement shall commence on Commencement Date: and shall continue until Termination Date: , unless sooner terminated in accordance with this Agreement.

3.2 Renewal. This Agreement shall .

4. FEES, DEPOSIT AND PAYMENT

Payments are due Monthly on the day: . Late payment shall incur a late fee equal to of the overdue amount or the maximum permitted by law, whichever is less.

5. UTILITIES, TAXES AND COMMON EXPENSES

Operator shall be responsible for all utilities and services consumed in connection with Operator's use of the Premises and shall pay any business, personal property or other taxes assessed against Operator's equipment, inventory or trade fixtures. Any real property taxes or assessments levied against the Premises shall remain the responsibility of Owner unless otherwise agreed in writing.

6. MAINTENANCE, REPAIRS AND ALTERATIONS

Operator shall maintain the Premises in a safe, clean and lawful condition and shall promptly repair damage caused by its operations. No structural alterations shall be made without Owner's prior written consent, and any approved alteration shall be performed at Operator's expense unless otherwise agreed.

7. ENVIRONMENTAL COMPLIANCE AND HAZARDOUS MATERIALS

Operator shall at all times comply with federal, state and local environmental laws and regulations. Operator shall not store, treat, dispose of or emit hazardous materials on the Premises except as expressly permitted in writing by Owner and only in strict compliance with applicable law. Any negligent or willful release of hazardous substances by Operator shall constitute an immediate default.

8. INSURANCE AND INDEMNITY

8.1 Insurance. Operator shall procure and maintain at its sole cost commercial general liability insurance, automobile liability insurance and, where applicable, garagekeepers legal liability insurance, with combined single limits not less than per occurrence, naming Owner as an additional insured with respect to Operator's operations. Proof of insurance shall be delivered to Owner within days of the effective date and upon renewal.

8.2 Indemnity. Operator shall indemnify, defend and hold Owner harmless from and against all claims, demands, losses, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of Operator's use or occupancy of the Premises, breach of this Agreement, or negligent or willful acts or omissions of Operator, its agents, employees or invitees.

9. LIENS, STORAGE AND SALE

Operator expressly acknowledges Owner's lien rights with respect to goods, vehicles and materials stored on the Premises for unpaid sums owing to Owner for rent, damage or removal. Owner may exercise any lien or sale remedies available under applicable law after providing the notices and cure periods required by law.

10. DEFAULT; REMEDIES

10.1 Events of Default. Each of the following shall constitute an event of default: (a) failure to pay rent or other sums when due; (b) abandonment of the Premises; (c) material breach of any covenant that is not cured within the Cure Period: days after written notice; or (d) any act threatening the safety of the Premises or third parties.

10.2 Remedies. Upon an event of default, the non-defaulting party shall have all remedies available at law or in equity including termination, injunctive relief and recovery of damages. The defaulting party shall be liable for all reasonable costs and attorneys' fees incurred by the non-defaulting party in pursuing remedies.

11. NOTICES

Notices under this Agreement shall be in writing and delivered by personal delivery, recognized overnight courier or certified mail, return receipt requested, and shall be effective upon receipt.

12. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles.

14. ENTIRE AGREEMENT

This Agreement, together with any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations, whether oral or written.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be construed so as to best effectuate the intentions of the parties.

16. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full power and authority to enter into this Agreement, that this Agreement constitutes a legal, valid and binding obligation enforceable in accordance with its terms, and that the execution of this Agreement does not violate any other agreement to which it is a party.

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