PARKING LICENSE AGREEMENT
Payment and Fees: The License Fee shall be paid in full by the 1st day of each month, with the first full month’s License Fee due and payable at time of execution of this Agreement. Licensor shall have the right, but not the obligation, to add a late payment fee.
Use: Licensee shall use the License Area for the parking of vehicles only, and such vehicles must fit within existing striped spaces in the License Area (unless otherwise agreed in writing by Licensor), and shall not block the flow of traffic. Use of the License Area shall be subject to reasonable rules and regulations prescribed by Licensor, including, but not limited to, rules and regulations with respect to the direction and routing of vehicles. Licensor shall have no responsibility to provide any services to the License Area, including snow removal services. Licensee shall preserve the License Area in a clean, orderly condition, and accordingly shall not discard cigarette butts, litter or other debris in the License Area or other areas of the Property. No weapons or firearms shall be permitted to be brought into the License Area or anywhere on the Property. Use of any restricted, illegal or hazardous substance anywhere on the Property by Licensee is strictly prohibited. If Licensee is given permission to enter into the Licensed Area prior to the start of the License Period, such entry and use shall be subject to the same terms and conditions as set forth in this Agreement (other than with respect to payment of the License Fee, which shall be payable as of the commencement of the License Period).
Alterations: No alterations may be made by Licensee to the License Area without Licensor’s prior written consent (including, without limitation, the installation of signage and/or wheel stops). Licensee hereby accepts the License Area in “AS IS” condition.
Relocation: Licensor may relocate the License Area from time to time to another area on the Property or to a nearby property managed by Licensor.
Licensee Property: Any vehicles, goods, property or personal effects stored or placed by Licensee and/or its employees, agents, invitees and contractors (collectively, the “Licensee Parties”) in or about the License Area or the Property shall be at the sole risk of the Licensee Parties, and Licensor shall not in any manner be held responsible therefor.
Insurance: Prior to entering the Property, Licensor shall provide evidence to Licensee that it carries (i) Commercial General Liability insurance for bodily injury, death and damage to property of others, in the minimum amount of $1,000,000.00 for each occurrence with an annual aggregate of $2,000,000.00, with a deductible of not more than $5,000.00, (ii) Commercial /Business Auto Liability for all Owned, Hired and Non-Owned Vehicles in the minimum amount of $1,000,000.00 combined single limit for bodily injury and property damage, naming Licensor and Owner as additional insureds, with a deductible of not more than $5,000.00, (iii) Comprehensive and Collision Physical Damage insurance, with a deductible of not more than $1,000.00, insuring all personal property of Licensee (including vehicles and contents), and (iv) if the Licensee is a commercial entity licensing 5 or more parking spaces, an Umbrella/Excess Liability policy in an amount not less than $1,000,000.00 following form and excess over all liability policies required in this Agreement, with a deductible of not more than $5,000.00. All insurance policies must be written as primary policy coverage and not contributing with or in excess of any coverage which Licensor may carry. Licensor must maintain these coverage, limits and policies for the entire duration of License Period.
Security Deposit: No interest will be paid on the Security Deposit (the “SD”), and the funds will not be kept in a separate account from Licensor’s other funds. The SD will be held by Licensor as security for performance of (i) all of Licensee’s obligations under this Agreement, and (ii) all of Licensee’s obligations under any other parking license agreement(s) now in existence or hereafter entered into by the parties (but prior to the expiration of the License Period). All or part of the SD may be applied by Licensor to cure any default by Licensee hereunder and/or under such other agreements, in which event Licensor may demand that Licensor restore the SD to its original amount and Licensee shall promptly comply. In the event that Licensee fails to surrender the License Area (or other license areas described in such other agreements) in accordance with the terms of this Agreement, Licensor may clean, repair and/or restore such area(s) to the condition so required and apply the SD toward the payment of such costs. The SD or any remaining balance (after deducting any outstanding fees and other costs due to Licensor) will be returned to Licensee within 30 days after the termination of this Agreement, provided (a) Licensor has settled its account in full, (b) there exists no default by Licensee hereunder, and (c) Licensor reserves the right to hold the SD until 30 days following the termination of all additional agreements described above. In the event Licensee has not provided a forwarding address to Licensor, any portion of the SD not claimed by Licensee within 90 days of termination will automatically be forfeited to Licensor.
Surrender: Upon expiration or sooner termination of the License Period, Licensee shall immediately remove its vehicles and all other personal property from the License Area (and other areas of the Property), and surrender the License Area in the condition in which it was received at the commencement of the License Period, free of litter and debris. In the event that Licensee fails to surrender the License Area in such condition, Licensee shall promptly pay to Licensor upon demand the costs incurred by Licensor to clean, repair and/or restore any part of the License Area. Any vehicles or other personal property not removed within 5 days after the end of the License Period shall be deemed abandoned by Licensee and to have become the property of Licensor, and may be stored, retained, removed or disposed of by Licensor in its sole discretion, and Licensee waives all claims against Licensor for any damages resulting from Licensor’s retention or disposal of same. Licensee shall be entitled to no payment or offset for the value of any abandoned property (even if sold by Licensor). If Licensee continues to use the License Area after the License Period expires or terminates, the Parking Fee shall be increased by 50%, and shall be due and payable in advance for the entire month without proration. The obligations set forth in this provision shall survive the expiration or earlier termination of this Agreement.
Breach of Agreement: Upon a breach of any covenant or condition of this Agreement to be performed or observed by Licensee or the Licensee Parties, Licensor shall have the right, at its sole option, (a) to perform the same and to charge the costs of performance to Licensee and Licensee shall pay such costs within 5 days of notice to Licensee thereof, and/or (b) to terminate this Agreement; it being understood and agreed that in the event of termination, Licensee will forfeit all rights to any prepaid License Fee. If Licensor elects to terminate this Agreement, Licensee shall surrender the License Area in accordance with the Surrender provision above.
Termination, Removal of Property & Towing: Upon any breach of this Agreement, Licensor shall have the right to remove all property and tow any vehicles belonging to Licensee.
Limitation of Liability: Licensee, on behalf of itself and the other Licensee Parties, hereby releases Licensor, Owner, and their respective parents, subsidiaries, affiliates, members, directors, officers, employees and agents (the “Licensor Parties”) from any and all losses, costs, claims, demands, causes of action, injury, damage and liability whatsoever, whether presently known or unknown, with respect to injury, disability, death or other harm, to person or property or both, as a result of the use of the License Area or the Property as requested hereby, whether arising from the negligence of the Licensor Parties or otherwise, to the fullest extent permitted by law. Licensee shall indemnify and hold harmless Licensor and the other Licensor Parties from and against all losses and expenses, including reasonable legal fees, which Licensor and/or the other Licensor Parties may suffer or pay as the result of claims or lawsuits due to, because of, or arising out of, any and all such injuries or death and/or damage, whether real or alleged. Licensor shall not be liable under any circumstances for consequential, special, punitive, or indirect damages, such as lost profits or interruption of Licensee’s business. The obligations of Licensee under this section shall survive the termination of the License granted hereby.
Entire Agreement: This Agreement reflects the final and entire agreement between Licensee and Licensor with respect to this License, as of the date of execution. This agreement, its terms and conditions may be modified at any time by Licensor and the Licensee will be bound by the new terms and conditions. The most up to date Terms, Conditions, Agreement and Rules will be found at www.LotFinderCo.com/termsandconditions.
Notices: All notices will be made by email, addressed to the parties at their email addresses shown above.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to the conflict of laws principles thereof. In any action to enforce or interpret this Agreement, the parties consent to personal and subject matter jurisdiction in the state or federal courts having jurisdiction in the county and state in which the Property is located.
