Parking Lease Agreement:
Term: Lessor may offer differing rental rates depending on the duration of the lease and level of commitment made, and the agreement in effect varies accordingly, as follows:
1. Monthly Parking: The initial term of this Lease shall be for twelve (12) months, beginning on the specified start date. This Lease will continue to automatically renew for an additional six (6) month term unless Lessee provides Lessor written notice of its intent not to renew sixty (60) days prior to the end of the Term or any extensions thereof. Notwithstanding any of the above, either party may end the leasing arrangement by providing 30 days written notice. Upon giving such notice, the leasing arrangement will terminate at the end of the month that follows the 30-day notice period. The termination of the leasing arrangement shall not relieve either party of any obligations under this agreement that, by their nature, should survive termination, including but not limited to indemnification, payment obligations, and any other obligations intended to survive.
2. Annual Commitment Parking: The initial term of this Lease shall be for twelve (12) months, beginning on the specified start date. This Lease will automatically renew for an additional six (6) month term unless Lessee provides Lessor written notice of its intent not to renew ninety (90) days prior to the end of the Term or any extensions thereof.
3. Daily Parking: The initial term of this Lease shall be for a number of days specified by Lessee starting immediately or, if lessee specifies a future start date, at 12:00am on the specified start date. One (1) day is equal to a 24-hour period of time. For example, a two (2) day lease that begins at 3:00pm on a Friday ends at 2:59pm the following Sunday. The lease does not automatically renew. In the event lessee does not vacate, lessor reserves the right to charge lessee’s payment method immediately each additional day lessee remains on site at the same daily rate or the overage fee rate, whichever is greater.
Late Fees and Penalties: A penalty of 15% of the total invoice shall be added to any invoice after the 5th day it is late. After an invoice has been deemed 30 days late, Lessor will restrict access to the premises, as well as boot any tractors or trailers from Lessee until rent and any fees have been paid in full.
- Trailer kingpin or tractor/ personal vehicle boot removal fee: $200
- Dumping/ littering fee: $300
- Parking violation – i.e. parking outside of designated space: $300
All violations will be charged and fees collected within the reasonable discretion of the Lessor and the Lessor’s on-site staff. The Lessor has the right at any time to charge the Lessee with a violation and to collect fees without dispute.
Yard Rules Acknowledgment and Obligations:
Incorporation of Yard Rules: The “Yard Rules” set forth by Semi-Stow, a copy of which is posted at each lot and attached hereto, are hereby incorporated by reference into this Lease Agreement as though fully set forth herein.
Lessee’s Acknowledgment: The Lessee acknowledges receipt and understanding of the current Yard Rules and agrees to comply with them as a material term of this Lease.
Updates and Changes: Lessee understands that the Yard Rules may be amended or updated from time to time, at the sole discretion of Semi-Stow. Any such amendments or updates will be posted at each lot, and it is the Lessee's responsibility to stay informed of any changes.
Enforcement and Penalties: Violations of the Yard Rules may result in penalties as set forth in the rules. This includes, but is not limited to, fines, charges, and, in severe cases, immediate eviction from the premises. The Lessee agrees to pay any and all fines and charges resulting from their violation of the Yard Rules in a timely manner.
Safety and Conduct: At Semi-Stow, the safety and security of our customers and employees are of the utmost importance. The Yard Rules are in place for the protection and convenience of all tenants and staff. The Lessee agrees to conduct themselves in a manner that promotes safety and respect for all individuals and property on the premises.
Limitation of Liability: As stipulated in the Yard Rules, Semi-Stow is not responsible for damage or theft to any equipment or vehicles. Lessees are advised to secure their belongings and be aware of their surroundings while on the premises.
Additional Charges: The Lessee acknowledges and agrees to the various fees stipulated in the Yard Rules, including but not limited to kingpin lock or boot removal, dumping/littering, parking violations, and overage fees.
Termination: Repeated violations or severe breaches of the Yard Rules may result in the termination of this Lease Agreement at the discretion of Lessor.
Acceptance: By signing this Lease Agreement, the Lessee acknowledges understanding and acceptance of the Yard Rules and the associated obligations.
In the event the lessee has more vehicles (tractor, passenger vehicle, and/or trailer) than contracted within the lease above; an overage fee of $25 per vehicle per day will be assessed at the end of the month to lessee made due within 30 days of invoicing. No overage disputes considered after 30 days from the invoicing of an overage.
Payment Information Authorization:
Payment Method on File: The Lessee hereby authorizes the Lessor to retain and store payment information, including but not limited to credit card details, debit card details, and/or bank account information ("Payment Information") provided by the Lessee. The Lessor will take necessary precautions to protect and secure the Payment Information in compliance with applicable data protection and privacy laws.
Credit Card Processing Fee: If the Lessee chooses to make payments via a credit card, a processing fee of 3% of the total payment amount will be applied to account for credit card transaction fees, where such a fee is not disallowed by applicable law. The Lessee's authorization of a credit card payment also authorizes the charge of this fee, either as part of the payment that incurred the fee, as a separate payment or transaction, or as a line item on a subsequent invoice. The Lessee acknowledges and agrees to bear this fee when using a credit card as a payment method, except in jurisdictions where such fees are prohibited by law.
Authorization: The Lessee further agrees and authorizes the Lessor to charge the stored Payment Information for any amounts due under this Lease Agreement, including but not limited to overage fees, damages, or any other fees or amounts due as specified in this Lease. The Lessee acknowledges and agrees that it is the Lessee's responsibility to ensure that the Payment Information on file is current and valid. Any failure to process payments due to expired or invalid Payment Information may result in additional fees or termination of this Lease Agreement.
The Lessee has the right to update or change the Payment Information on file by providing written notice to the Lessor. Any changes or updates will not affect charges processed before the Lessor has had a reasonable amount of time to update the Payment Information in its records.
Use of Premises:
During the Term and any extensions thereof, Lessee shall use the Leased Premises solely for the storage and or parking of trailers, tractors, and or tractor-trailer rigs (the “Permitted Use”). Any use other than the Permitted Use requires prior written approval of Lessor, which approval may be withheld, conditioned or delayed in the sole and absolute discretion of Lessor.
Lessee shall not do, or permit anything to be done, in, upon, or about the Premises that increases the fire or casualty hazard beyond that which would exist by reason of the Permitted Use or occupancy of the Leased Premises. Lessee shall not do or permit to be done anything which will make uninsurable the Premises or any part thereof.
Lessee shall not do or permit to be done anything in, about, or upon the Premises that interferes with the rights of other tenants of Lessor; that conflicts with state, city or governmental laws or regulations; that creates a nuisance; or that is dangerous to persons or property.
Lessee shall have the non-exclusive right to use roads in the common area of the Premises to access the Leased Premises.
Liability: The liability of the Lessor and Lessee pursuant to this Lease, as between themselves, for death, personal injury, and property loss and damage which occurs by reason of, or arises out of, or is incidental to, the use or occupancy by the Lessee of the Premises, shall be determined in accordance with the following provisions regardless of considerations of fault or negligence.
Lessee shall be solely responsible for, and shall bear all costs, expense, and liability resulting from death, personal injury, and loss and damage to property caused by the acts or omissions of Lessee, or the agents or employees of Lessee, or by the violation by Lessee or its agents or employees of any of the terms of this Lease, or by the acts or omissions of Lessee concurring with the negligence of a third party; and each of the parties shall obtain from their insurance carrier a waiver of rights of subrogation between the parties hereto (if applicable, a waiver by such party as may be self-insured).
The liability of Lessor shall be limited to Lessor’s interest in the Premises.
Indemnification by Lessee: Lessee shall indemnify, defend and hold Lessor and its subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any loss, cost, or damage of any kind (including reasonable attorneys’ fees) arising out of, resulting from or in any way related to Lessee’s use of the Premises, except to the extent finally determined to have resulted solely from the gross negligence or willful misconduct of Lessor or any of its officers and employees. Furthermore, Lessee's indemnification extends to claims arising from their own negligence or that of their agents, employees, and guests to whom they have provided or enabled access to the premises.
Insurance: Lessee shall, at its own expense, secure, maintain, and keep in full force liability and property insurance covering Lessee’s use of, and Lessee’s property stored on, the Premises during the Term and any extensions thereof. Lessee shall name Lessor as an additional insured on the policies of such insurance and shall provide a certificate of proof of such insurance coverage to Lessor prior to the commencement of this Lease or Lessee’s use of Leased Property. Lessor must be notified of any cancellations or significant changes to Lessee’s insurance. Any claims or potential claims shall be immediately reported to both the insurer and the Lessor. Lessee shall be responsible for any deductibles or amounts not covered by insurance.
Maintaining Condition of Leased Property: As a material part of this Lease, Lessor shall provide and maintain the Premises in substantially the same condition as it was at the time of the commencement of this Lease, ordinary wear and tear excepted, whereby Lessee will rely on property features as provided by Lessor for temporary storage of agreed-upon equipment. Lessor shall ensure the Premises are in suitable condition to allow such use, including proper maintenance of the yard driving and parking areas.
Holding Over: Should Lessee be allowed to remain in possession after termination of this Lease or its expiration, and should Lessor accept any Rent after such termination or expiration, then neither the remaining in possession nor the acceptance of Rent shall be deemed a renewal of this Lease or a tenancy from year to year but, on the contrary, the status of the Lease shall be deemed renewed and the Lessee will vacate the Premises within thirty (30) days after being notified to do so by the Lessor.
Default of Lessee: Time is of the essence of each of the agreements and conditions herein to be performed by Lessee. In the event of a breach of any of the terms or conditions hereof by Lessee, Lessor may:
- accelerate all rent and obligations owing hereunder upon such default; including all expenses which are deemed acceptable by law, to include all legal and collections fees and costs; and/or
- terminate the Lease and take possession of the Leased Premises and collect from Lessee all damages sustained by reasons of such breach; and/or
- pursue any remedy or remedies which may be available to Lessor at law or in equity.
Other Rights of Lessor: Should bankruptcy, insolvency or receivership proceedings of any kind be instituted by or against Lessee, Lessor may pursue the remedies provided for in this Lease.
Alternative Parking and Termination due to Unforeseen Circumstances:
Alternate Location: In the event that the designated premises ("Original Lot") becomes unusable or inaccessible for any reason, including but not limited to environmental conditions, permit issues, operational constraints, natural disasters, damage, or any other unforeseen circumstances, the Lessor reserves the right to provide the Lessee with an alternative parking location. The alternative location shall be of comparable size and convenience to the Original Lot, and all terms of this Lease shall continue to apply to the alternative parking location. The Lessor shall notify the Lessee in writing as soon as reasonably possible regarding any such changes.
Option to Terminate: If, in the sole discretion of the Lessor, a suitable alternative parking location cannot be provided, or if the unusable condition of the Original Lot is expected to persist for an extended period, the Lessor may choose to terminate this Lease. In such an event, the Lessor shall provide the Lessee with written notice of termination, and any prepaid rents for the period following the termination date will be refunded to the Lessee on a pro-rata basis.
No Liability: The Lessor shall not be liable for any damages, losses, or inconveniences suffered by the Lessee as a result of the Original Lot becoming unusable or from relocating to an alternative parking location, provided that the Lessor has complied with the terms outlined in this clause.
Surrender of Leased Premises: On termination or expiration of this Lease, Lessee shall surrender the Leased Premises in as good condition as they were in at the beginning of the Term hereof, except reasonable wear and tear. Lessee shall repair any damage to the Leased Premises occurring during the Term. Upon Lessee’s failure to surrender the Leased Premises, Lessee, in addition to damages otherwise recoverable, shall be liable to Lessor for all damages that Lessor sustains.
Performance of Lessee. The failure of Lessor to insist upon performance of any of the agreements and conditions herein in any one or more instance shall not be waiver of the performance of such agreements and conditions. Receipt by the Lessor of Rent with knowledge of the breach of any of the agreements and conditions hereof shall not be deemed a waiver of such breach.
Right of Entry: Lessor shall have the right to enter the Leased Premises for any reasonable purpose.
Environmental Matters: Lessee to the best of their ability will not allow equipment hauling any hazardous material on to the yard. Notwithstanding any provision to the contrary in this Lease, Lessor hereby indemnifies Lessee, and agrees to hold Lessee harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind, whatever paid, incurred, or suffered against Lessee for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharge or release relating to the Premises of any “Hazardous Material” (and as defined herein), including, without limitation, any losses, liabilities, damages, injuries, costs, expenses and claims asserted under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), or any so-called “Superfund” or “Superlien” law, or any other federal, state or local law, ordinance, code, rule, regulation, order or decree regulating or relating to or imposing liability or standards of conduct concerning any Hazardous Material, but only to the extent caused by Lessor. Otherwise, Lessee agrees to indemnify and hold Lessor harmless from all of the foregoing caused solely by the Lessee, the provisions of and undertakings of this indemnification set out in this paragraph shall survive the termination of the Lease. Any underground fuel tanks, related piping, and dispensing equipment is specifically excluded from Lessee’s Premises. Lessee shall be solely responsible for the lawful containment and disposal of any Hazardous Materials or waste (including motor oil, anti-freeze, cleaning solutions, solvents, etc.) generated in association with Lessee’s use of the Leased Premises. For the purpose of this Lease, “Hazardous Materials” means and includes any hazardous, toxic or dangerous waste, substance or material defined as such in (or for the purpose of) the CERCLA, any so-called “Superfund” or “Superlien” law, or any other federal, state or local law, ordinance, code, rule, regulation, order or decree regulating or relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or anytime hereinafter in effect.
Assignment and Subletting: Lessee cannot assign the lease or sublet the parking space without the written consent of the Lessor.
Online Agreement: By booking parking online or through any digital medium associated with the Lessor, the Lessee agrees to the terms and conditions laid out in this lease.
Contact Information: Lessee is required to provide and keep up-to-date contact information, including phone numbers, email addresses, and mailing addresses, and names of responsible individuals.
Severability: In the event that any provision or part of a provision hereof is held invalid, it shall be limited to the particular item, and shall not operate to invalidate the entire Lease.
Paragraph Headings: Paragraph headings are for reference only and shall not in any way limit the substance of any paragraph.
Disputes: In the event of a dispute which results in a suit or action between the parties, the prevailing party shall have and recover against the other party reasonable attorneys’ fees and expenses.