Month-to-Month Lease Agreement
Parking Location
THIS LEASE (the "Lease") dated this {startingDate}
BETWEEN:
RCOZ Tampa, LLC
(the “Landlord”)
-AND-
{nameOf}
(the “Tenant”)
(individually the “Party” and collectively the “Parties”)
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:
Leased Property
1. The Landlord agrees to rent to the Tenant the parking lot access, municipally described as 5925 East Dr Martin Luther King Jr Blvd, Tampa, FL 33619, (the "Property"), for use as private parking premises only.
2. Subject to the provisions of this Lease, apart from the Tenant, no other persons shall be on the Property without the prior written permission of the Landlord.
3. No pets or animals are allowed to be kept on the Property.
4. Subject to the provisions of this Lease, the Tenant is entitled to the use of the following parking space(s) identified by assigned spot number(s) indicated.
5. Tenant acknowledges Landlord retains the absolute right to require. Tenant to relocate to a different parking spot within the property designated by Landlord at Landlord’s absolute sole discretion. The Tenant shall have up to 48 hours after receiving written notice to move into the replacement parking spot, if the Tenant is out of town or unable to move their Equipment than Tenant hereby authorizes Landlord, and releases Landlord of any and all liability of any kind or nature to move their Equipment into the new Landlord designated parking spot by any means necessary. 6. The Tenant will not litter anywhere on the Property nor permit any guests or visitors to litter on the Property. Any littering including but not limited too throwing cigarette butts on the ground not in dedicated receptacles shall incur a per incident fine of $25 per incident.
7. The Tenant will not use Marijuana or any drugs anywhere on the Property nor permit any guests or visitors to use Marijuana or any drugs on the Property. Any such violation will be subject to a $200 per incident fine, which if not immediately paid shall result in blocking in of any Equipment on premises.
8. The Tenant will not leave any trash anywhere on the Property, including any used tires, mattress, furniture, household garbage, hoses, batteries or equipment. Each incident shall of debris left in your space shall incur a $100 violation fee, and $200 fee if you are caught dumping trash in another Tenant’s parking space as well as Landlord retaining the right to Terminate your lease upon any such discovery with Tenant ineligible for any refunds of any remaining Term.
9. The Tenant will not use the trash dumpster, for anything other than general trash, personal food waste and the like – hazardous items are prohibited and are not to be thrown in the facility dumpsters. Any violations shall incur a $300 per incident fine and be cause for Lease termination and removal of your Equipment.
10. The Tenant is prohibited from making any major repairs on the Property, including tire changes – unless prior written permission is given or if Tenant hires one of the authorized vendors from the Authorized Vendor List. Each such violation shall result in a $100 fee being added to your bill, Equipment blocked in and or Landlord terminating your lease and directed Tenant to vacate the premises immediately, with no refund being due to Tenant of any kind.
Term
11. The term of the Lease is a periodic tenancy commencing {startingDate} (date) and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy pursuant to the terms herein Tenant must provide Landlord with 45 days prior written notice of intent to vacate. If no notice is given Tenant shall be liable for the rent for the full month in which they move out and no rent shall be prorated.
12. Upon lease signing Tenant shall pay the next month’s rent in full at time of signing as well as any remaining prorated days left within the existing month.
13. Any notice to terminate this tenancy must comply with the applicable legislation of the State of Florida (the "Act").
Rent
14. Subject to the provisions of this Lease, the rent for the parking lot is $300.00 for full spot or $200 for tractor only spot, per month (the "Rent") plus any applicable taxes. Landlord reserves the right to increase or decrease the rent at anytime provided 15 days advance notice is given until such rent change is to take effect.
15. The Tenant will pay the Rent monthly, on or before the first (1st) day of each and every month of the term of this Lease, via credit card, debit card, or ACH via Landlords payment portal, payment link, or on site in the CSR booth.
16. The Tenant will be charged an additional amount of $20.00 per day for any Rent that is received after the 5th day of the month and such per day late fees shall continue to accrue until such then outstanding amount is paid in full. Tenant consents to a lien being placed on their equipment of rent is not received by the 20th th day of the month and acknowledges Landlord shall have the right to block in any such equipment and or Tow the equipment at Landlords absolute discretion, and released from any and all liability of any kind or nature.
Tenant Improvements
17. The Tenant may NOT make any improvements to the Property, has to future rights of any kind beyond what is contained herein.
Utilities and Other Charges
18. The Tenant is not responsible for the payment of utilities in relation to the Property.
Insurance
19. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any kind or nature for any circumstance of any kind. Tenant assumes all risk and liability of Parking their equipment on the property.
Attorney Fees
20. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
Governing Law
21. This Lease will be construed in accordance with and exclusively governed by the laws of, Hillsborough County within the State of Florida.
Severability
22. If there is a conflict between any provision of this Lease and the Act, the Act will prevail, and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
23. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease. Such other provisions remain in full force and effect.
Amendment of Lease
24. This Lease may only be amended or modified by a written document executed by the Parties.
Assignment and Subletting
25. The Tenant will not assign this Lease or sublet or grant any concession or license to use the Property or any part of the Property. Any assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Lease.
Additional Clause
26. Failure to pay agreed upon terms, may result in lien rights, towed vehicle and/or blocked in, or any combination thereof at Landlords absolute and sole discretion until payment is paid up to date.
Damage to Property
27. Landlord reserves its right to Terminate Tenant’s lease at anytime for any reason or no reason if Landlords right to Terminate is not due to a violation of the terms herein rather interpersonal issues or business preferences regarding its property. Under such a Discretionary termination Landlord shall refund tenant any prorated rent Tenant had paid through the end of the then remaining month. If Tenant refuses to vacate Landlord reserves the right to tow Tenant’s equipment away, or treat Tenant as a daily parker, not a monthly tenant at the then prevailing Daily Parking rates plus then prevailing applicable taxes.
Care and Use of Property
28. The Tenant will not engage in any illegal trade or activity on or about the Property.
29. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
Rules and Regulations
30. The Tenant will obey all rules and regulations of the Landlord regarding the Property, which are subject to change from time to time.
Mediation and Arbitration
31. If any dispute relating to this Lease between the Parties is not resolved through informal discussion within 14 days from the date a dispute arises, the Parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the Parties. Any mediator or arbitrator must be a neutral party acceptable to both Parties. The cost of any mediations or arbitrations will be paid by the Tenant
Address for Notice
32. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below:
a. Name: {nameOf}
b. Cell Phone: {phoneNumber}
c. Email: {email}
d. Driver’s License Number: {driversLicense}
e. Address: {billingAddress}
33. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
a. Name: RCOZ Tampa, LLC
b. Address: 5925 East Dr Martin Luther King Jr Blvd, STE 11, Tampa, FL 33619
c. Email: Controller@dhqusa.com and Center@tbtw.com
General Provisions
34. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
35. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
36. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
37. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
38. The Tenant will be charged an additional amount of $25.00 for each returned transaction(s) or for claiming a credit card dispute for charges agreed to and covered herein.
39. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
40. This Lease constitutes the entire agreement between the Parties.
41. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'Vacancy' signs on the Property.
42. Time is of the essence in this Lease.
IN WITNESS WHEREOF {nameOf} (tenant name) and RCOZ Tampa, LLC have duly affixed their signatures on this {startingDate}.
RCOZ Tampa, LLC
Landlord Name
{nameOf}
Tenant Name
{signature}
Tenant Signature