Parking Lease Agreement
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:
1. Leased Property.
1.1 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"), Assigned parking spot numbers shall be provided via email on the day of your move in which shall be deemed (the “Parking Spot(s)”) for use as private parking premises only.
1.2 Subject to the provisions of this Lease, apart from the Tenant, no other persons shall be on the Property without the prior written consent of the Landlord.
1.3 Tenant shall at all times use the Property and Parking Spot(s) in a safe and careful manner and shall maintain the Property and Parking Spot(s) in a safe and clean condition, including, without limitation, Tenant shall cause to be removed all trash and rubbish which may inadvertently fall due to the access contemplated hereby, and shall place all waste, trash and garbage in proper containers on the Property. Any damage to the Property by the Tenant, it’s agents, vendors or employees to the Property shall be promptly repaired by Landlord at the Tenant’s expense, and Tenant shall be subject to any and all fees as defined herein.
1.4 No pets or animals are allowed to be kept on the Property.
1.5 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 in Section 1 of this Lease, or any such future space(s) that Landlord may so designate to replace the space, in Landlord’s sole and absolute discretion.
1.6 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 and sole discretion. The Tenant shall have up to Forty-Eight (48) hours after receiving written notice to move Tenant’s property from the formerly assigned spot number, and into the relocated parking spot. If the Tenant is out of town or unable to move their Equipment, then 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.
1.7 The Tenant shall not litter anywhere on the Property, nor permit any of Tenant’s guests or agents to litter on the Property. Any littering including, but not limited to, throwing cigarette butts on the ground, or failure to dispose of them in a dedicated receptacle shall incur a fine of Twenty-Five Dollars ($25.00) per-incident.
1.8 The Tenant shall not use Marijuana or any drugs anywhere on the Property, nor will the Tenant permit any guests or visitors to use Marijuana or any drugs on the Property. Any such violation will be subject to a fine of Two Hundred Dollars ($200.00) per-incident, which if not immediately paid shall result in the blocking in of any Equipment on premises.
1.9 The Tenant shall not leave any trash anywhere on the Property, including any used tires, mattress, furniture, household garbage, hoses, batteries or equipment or bottles filled with urine. Each incident of debris left in your space shall incur a fine of One Hundred Dollars ($100.00) per violation, and a fine of Two Hundred Dollars ($200.00) per incident if you dispose of trash or waste in another Tenant’s parking space. Further,
1.10 The Tenant shall 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 Three Hundred Dollar ($300.00) per incident fine and be cause for Lease termination and removal of your Equipment. Tenant shall not store at the Property, or utilize in its operation any hazardous substances. Tenant shall not cause, or permit to be caused, at the Property any act or practice, by negligence, omission or otherwise, that would violate any Federal, state or local laws, rules, regulations and/or guidelines relating to the protection of the environment and Tenant shall take special care to prevent air or water pollution and not allow any such pollution to adversely affect any persons and/or the activities and/or Property or others. Tenant shall not be permitted to (i) dump, spill, leak or dispose of any oil, gasoline, diesel or vehicle fluids at the Property, or (ii) use any hazardous chemicals, nor wash down any vehicles at the Property.
1.11 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.
1.12 Landlord retains the right to Terminate this Lease upon any such discovery of the infractions described in this Section First, as well as the right to immediately remove any and all of Tenant’s property from the Premises, with Tenant ineligible for any refunds of any remaining Term.
2. Term.
2.1 The term of this Lease shall commence on the date of execution of this Lease (the “Commencement Date”). This Lease shall expire at 11:59PM EST one (1) month from the Commencement Date or the earlier termination by either Party to this License Agreement, (the “Expiration Date”). The Term shall automatically renew at the end of the month, unless earlier terminated by either of the Parties with a thirty five (35) day advance written notice. Upon automatic renewal, Tenant shall pay the next month;s rent in full, as well as any remaining prorated days left within the existing month. If Tenant holds over and refuses to or fails to surrender possession of the Truck Stop Space, after the expiration or termination of this Lease, in addition to all other rights of Tenant under this Agreement and/or at law, Tenant shall have the option to treat such holding over as a tenancy at sufferance and charge a holdover Fee of $35 per day (as applicable) calculated on a per diem basis. In such event, Landlord shall be entitled to tow and remove any and all of the Tenant’s property, truck etc. at Tenant’s own expense. Anything contained herein to the contrary notwithstanding, (i) Tenant’s obligations under this Lease shall relate back to and as of the any actual entry onto the Truck Stop by Tenant prior to the Commencement Date, and (ii) Landlord may terminate this Lease at any time and for any reason upon Twenty-Four (24) hours’ notice (which may be by text or email) to Tenant for any reason or no reason.
3. Rent.
3.1 Subject to the provisions of this Lease, the rent for the parking lot is Three Hundred Dollars ($300.00) for full spot or Two Hundred Dollars ($200.00) for tractor only spot, per month (the "Rent") plus any applicable taxes. Landlord reserves the right to increase or decrease the rent at any time provided Landlord gives Tenant Fifteen (15) days advance notice until such rent change is to take effect. 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.
3.2 The Tenant will be charged an additional amount of Twenty Dollars ($20.00) per day, per parking space, for any Rent that is received after the Fifth (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 if rent is not received by the 20th day of the month the rent was due and acknowledges Landlord shall have the right to block in any such equipment and or tow the equipment at Landlords absolute discretion, and Landlord is hereby released from any and all liability of any kind or nature.
4. Tenant Improvements.
4.1 The Tenant may not make any improvements to the Property.
5. Utilities and Other Charges.
5.1 The Tenant is not responsible for the payment of any utilities with respect to this Lease.
6. Damage to Property.
6.1 In addition to, and notwithstanding the obligations of Tenant under this Lease, and Section 8 below, Tenant shall, at its sole cost and expense, be liable and indebted to Landlord for any and all damage caused to the Property, Parking Space, or other occupants. Tenant shall, upon fifteen (15) days written demand, pay to Landlord, all such sums that are expended by Landlord to remedy the damage caused by Tenant. Damage includes, but is not limited to physical damage to the Property, environmental matters, vehicle accidents, injuries, or other such claim. Tenant is responsible for its own property, and Landlord make no representations or warranties as to the same, including, safety and security.
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.
7. Attorney’s Fees.
7.1 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.
8. Indemnification
8.1 Tenant shall indemnify Landlord, (including its members, managers, officers, agents, partners, director, employees, property managers, independent contractors and attorneys, (collectively, "Landlord Parties"), and hold it harmless and defend it against all claims, demands, and judgments for loss, damage, death or injury to the Truck Stop, persons, arising out of, resulting or occurring by reason of the use and occupancy of the Truck Stop or Tenant’s and/or Tenant’s entry onto the Truck Stop, and Tenant shall defend any suit or action brought against the Landlord Parties based on any such injury or damage, and pay all damages, costs and expenses, including reasonable attorneys', paralegals' and expert witness' fees and costs in connection therewith or resulting therefrom; except to the extent of the percentage such losses, damages, demands and claims existed prior to Tenant’s occupancy of the Truck Stop and/or are caused by the negligence or fault of Landlord Parties. The foregoing indemnity shall survive the expiration or termination of this Agreement. The interest of Tenant in the Truck Stop shall not be subject to liens for any matters created by, through or under Tenant. Tenant shall not file or record any lien against the Property for any reason whatsoever. If any lien shall be filed against the Property as a result of materials, services or improvements furnished or to be furnished at the request of Tenant or anyone claiming under Tenant, then Tenant shall at its expense cause such lien to be discharged of record by payment or bond, within five (5) days after the filing of the lien. If Tenant shall fail to cause the lien to be discharged of record within such 5-day period, Tenant shall be in default under this Agreement and (without waiving such default) Landlord, in addition to any other rights and remedies it may have at law, in equity or otherwise, may, but shall not be obligated to, cause such lien to be discharged by payment, bond or otherwise, without investigation as to its validity or as to any offsets or defenses. Tenant shall, within five (5) days after request, reimburse Landlord for all amounts paid and expenses incurred, including attorneys' fees. The provisions of this paragraph shall survive the termination of this Agreement.
8.2 Landlord shall not be liable for injury and/or damage to persons or property or for any loss, injury (including death) or damage suffered by Tenant, its contractors, invitees and/or licensees, nor its business, regardless of how caused. All vehicles and/or other property of or through Tenant accessing the Truck Stop shall be at the sole risk of Tenant. Tenant hereby waives the right to claim and recover against Landlord for any loss or damage for which is covered by Tenant’s insurance, or for any loss or damage for which the Tenant reasonably could have obtained insurance prior to such loss or damage.
9. Governing Law and Venue.
9.1 NO RIGHT OF JURY TRIAL. The laws of the State of Florida shall govern this Agreement. Any legal action instituted hereunder shall be brought in Hillsborough County, Florida. LANDLORD AND TENANT BOTH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY OF ALL ISSUES ARISING IN ANY ACTION OR PROCEEDING BETWEEN THE PARTIES IN CONNECTION WITH THIS AGREEMENT WHETHER IN CONTRACT AND/OR IN TORT.
10. Severability.
10.1 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.
10.2 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.
11. Amendment of Lease.
11.1 This Lease may only be amended or modified by a written document executed by the Parties.
12. Assignment and Subletting.
12.1 Tenant shall not assign, transfer, sublicense or otherwise encumber this Lease or Tenant’s rights under this Lease, nor shall Tenant permit or suffer any other person or entity to use or occupy the Truck Stop Space, without Tenant’s prior consent. Any assignment, transfer, sublicense, or encumbrance of this Lease, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Lease.
13. Additional Clause.
13.1 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.
14. Termination Right of Landlord.
14.1 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 Holdover tenant at $35 per day, not a monthly tenant plus then prevailing applicable taxes.
15. Care and Use of Property.
15.1 The Tenant will not engage in any illegal trade or activity on or about the Property.
15.2 The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
16. Rules and Regulations.
16.1 The Tenant will obey all rules and regulations of the Landlord regarding the Property, which are subject to change from time to time.
17. Mediation and Arbitration.
17.1 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
RCOZ Tampa, LLC | Tampa’s Best Wash
5925 E Dr Martin Luther King Jr Blvd. Suite 11, Tampa, FL 33619 | 813-685-9634
18. Address for Notice.
For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below:
Name: {nameOf}
Cell Phone: {phoneNumber}
Email: {email}
Driver’s License Number: {driversLicense}
Address: {billingAddress}
For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
Name: RCOZ Tampa, LLC
Address: 5925 East Dr Martin Luther King Jr Blvd, STE 11, Tampa, FL 33619
Email: controller@dhqusa.com and center@tbtw.com
19. General Provisions
19.1 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.
19.2 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.
19.3 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.
19.4 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.
19.5 The Tenant will be charged an additional amount of Twenty Five Dollars ($25.00) for each returned transaction(s) or for claiming a credit card dispute for charges agreed to and covered herein.
19.6 The headings within this Lease are included for the convenience of the Parties only, and are not to be considered when interpreting the meaning of this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and
8
vice versa.
19.7 This Lease constitutes the entire agreement between the Parties.
19.8 During the last Thirty (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.
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