PARKING AGREEMENT FOR OFFICE BUILDING TENANT LEASE EXHIBIT
EXHIBIT [INSERT APPLICABLE LETTER]
THIS AGREEMENT made as of the ____ day of ______ between ____________ (“Landlord”) and __________ (“Tenant”).
1. The parties hereby acknowledge that they have heretofore entered, or are contemporaneously herewith entering, a certain lease dated ________ ( the “Lease”) for premises known as Suite ____ (the “Premises”) located in the property known as __________ (the “Property”). In the event of any conflict between the Lease and this Agreement, the latter shall control.
2. Landlord hereby grants to Tenant and persons designated by Tenant a license to use __________ (____) parking spaces in the Property Parking Garage (the “Garage”) at then current rates which Landlord may adjust from time to time. The Term of such license shall commence on the Commencement Date under the Lease and shall continue until the earlier to occur of the Expiration Date under the Lease; termination of the Lease or Tenant’s abandonment of the Premises thereunder. Tenant may, from time to time, request additional parking spaces, and if Landlord shall provide the same, such spaces shall be provided and used on a month-to-month basis, and otherwise on the foregoing terms and provisions, and such monthly parking charges as Landlord shall establish from time to time.
3. Tenant shall at all times comply with all applicable ordinances, rules, regulations, codes, laws, statutes and requirements of all federal, state, county and municipal governmental bodies or their subdivisions respecting the use of the Garage. Landlord reserves the right to adopt, modify and enforce reasonable Rules governing the use of the Garage from time to time, including any key card, parking sticker or other identification or entrance system, and hours of operation. The Rules set forth hereinafter are currently in effect. Landlord may refuse to permit any person who violates such Rules to park in the Garage, and any violation of the Rules shall subject the car to removal from the Garage.
4. The parking spaces hereunder shall be provided on an unreserved “first-come, first served” basis. Tenant acknowledges that Landlord has arranged or may arrange from time to time for the Garage to be operated by an independent contractor, not affiliated with Landlord (the “Parking Operator”). In such event, Tenant acknowledges that Landlord shall have no liability for claims arising through acts or omissions of the Parking Operator. Except for its intentional acts or gross negligence, Landlord shall have no liability whatsoever for (a) any damage to property or any other items located in the Garage, (b) theft or vandalism to any vehicle or property or other items located in the Garage, or (c) any personal injuries or death arising out of any matter relating to the Garage, and in all events, Tenant agrees to look first to its insurance carrier and to require that Tenant’s employees look first to their respective insurance carriers for payment of any losses sustained in connection with any use of the Garage. Tenant hereby waives on behalf of its insurance carriers all rights of subrogation against Landlord or Landlord’s agents. Landlord reserves the right to assign specific spaces, and to reserve space for visitors, small cars, handicapped persons and for other tenants, guests of tenants or other parties, and Tenant and persons designated by Tenant hereunder shall not park in any such assigned or reserved spaces. Landlord also reserves the right to close all or any portion of the Garage in order to make repairs or perform maintenance services, or to alter, modify, re-stripe or renovate the Garage, or if required by casualty, strike, condemnation, act of God, governmental law or requirement or other reason beyond Landlord’s reasonable control.
5. If Tenant shall default under this Agreement, Landlord shall have the right to remove from the Garage any vehicles hereunder which shall have been involved or shall have been owned or driven by parties involved in causing such default, without any liability therefor whatsoever. In addition, if Tenant shall default under this Agreement, Landlord shall have the right to cancel this Agreement on ten days’ written notice, unless within such ten day period, Tenant cures such default. If Tenant defaults under this Agreement more than three times during any twelve month period, and Landlord notifies Tenant thereof promptly after each such default, the next default during the succeeding twelve month period, shall, at Landlord’s election, constitute an incurable default. Such cancellation right shall be cumulative and in addition to any other rights or remedies available to Landlord at law or equity, or provided under the Lease (all of which rights and remedies under the Lease are hereby incorporated herein, as though fully set forth). Any default by Tenant under the Lease shall be a default under this Agreement, and any default under this Agreement shall be a default under the Lease. Tenant shall comply with the following Rules governing the use of the Garage:
(i) Garage hours shall be as posted in the Garage from time to time. Landlord shall have the right to change hours of operation of the Garage from time to time.
(ii) Cars must be parked entirely within the stall lines painted on the floor, and only small cars may be parked in areas reserved for small cars.
(iii) All directional signs, arrows and lane markings must be strictly observed.
(iv) The speed limit shall be 5 miles per hour.
(v) Spaces reserved for handicapped parking must be used only by vehicles properly designated.
(vi) Parking is prohibited in all areas not expressly designated for parking, including without limitation:
(a) areas not striped for parking
(c) where “no parking” signs are posted
(e) loading zones
(f) cross hatched areas
(g) such other areas as may be designated by Landlord or the Parking Operator
(vii) Landlord shall have the right to establish, and Tenant shall cooperate with, a parking system in order to allow for use of the Garage by all of the tenants of the Property. Such system may include key cards and gates, parking stickers, designated parking stalls, or any other reasonable system. Key cards, parking stickers or any other devices or forms of identification or entry supplied by Landlord, if any, shall remain the property of Landlord. Such devices must be displayed as requested and may not be mutilated in any manner. The serial number of the parking identification device may not be obliterated. Devices are not transferable and any device in the possession of an unauthorized holder will be void.
(viii) The monthly parking charge or rent for parking spaces is as posted in the Garage and subject to adjustment periodically at the discretion of the Landlord. Notice of such adjustments will be sent at least 30 days prior to the effective date of the adjustment. Monthly parking charges or rent for parking spaces is payable in advance on the first day of each month and must be paid on or before the fifth day of each month. No statement or invoice will be sent. Failure to pay such parking charge or rent for parking spaces on or before the fifth of each month will automatically cancel parking privileges and a charge at the prevailing daily rate will be charged. No deduction or allowances from the monthly rate will be made for days user does not use the Garage.
(ix) Parking Operator or its attendants are not authorized to make or allow any exceptions to these Rules and Regulations.
(x) Every parker is required to park and lock his/her own car.
(xi) Loss or theft of key cards, parking stickers or other identification, or other such devices must be reported to Landlord or any Garage manager immediately. Any parking devices reported lost or stolen found on any unauthorized car will be confiscated and the illegal holder will be subject to prosecution. Lost or stolen parking devices found by Tenant or its employees must be reported to the office of the Garage immediately.
(xii) Washing, waxing, cleaning or servicing of any vehicle by the customer and/or his/her agents is prohibited. Parking spaces may be used only for parking automobiles.
(xiii) Landlord or the Parking Operator reserves the right to refuse the sale of monthly stickers or other parking identification devices to any Tenant or person and/or his agents or representatives who refuse to comply with this Agreement and these Rules and all posted City, State or Federal ordinances, laws or agreements.
(xiv) By signing this Parking Agreement, Tenant agrees to acquaint all persons to whom Tenant assigns parking spaces with this Agreement and these Rules.
(xv) If a cardholder takes a ticket to gain access to the Garage, that ticket must be presented for validation to the Parking Operator the same day prior to exiting the Garage, otherwise the posted daily parking rate will apply.
(xvi) Except as otherwise provided in the Lease, parking privileges under this Parking Agreement are granted on a month-to-month basis and are revocable by Landlord on thirty (30) days prior written notice.
(xvii) Parking privileges may be on an unassigned or executive valet basis as designated by Landlord or the Parking Operator from time to time.