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HomeMy WebLinkAboutFLATS ON MULBERRY - FDP200005 - SUBMITTAL DOCUMENTS - ROUND 1 - PARKING STUDYPARKING RENTAL AGREEMENT Special Terms This agreement held between ParkIt LLC and Devon Dellenbach (Name), representative of The Flats (Business) is active as of 12/1/2019 (Date), and is subject to the following terms. 1. Payments. All payments will be made through ParkIt on or before the due date of the 1st of each month. The price per parking space is set at $300 per month. 2. Number of Spaces. The number of parking spaces reserved under this contract is 2. After this contract is signed, the lessee must give 30 days’ notice to change this allocation. ParkIt reserves the right to deny more spaces should the lot be full. 3. Monitoring. Parkers must display the valid permit on their dashboards and park under a sign that says “ParkIt”. Parkers cannot occupy spaces outside of 3pm to 11am time frame allotted to the Flats. No more than 2 vehicles with this permit may occupy the lot at any time. A parker is subject to ticketing or towing if they are in violation of these rules. Valid permit were issued to Devon Dellenbach of The Flats on 11/20/2019 via email. 4. Duration. Lessee must give 30 days’ notice to terminate the contract. Should ownership of the lot change, ParkIt or First Presbyterian Church will give 30 days’ notice to parking space tenants. ParkIt or First Presbyterian Church reserves the right to terminate this agreement for any reason with 30 days notice. 5. Hours of Enjoyment. These parking spaces are reserved for your use from 3pm to 11am. First Presbyterian Church asks you limit the use of the spaces on Sundays to the best of your ability. Basic Terms 1. Rent. Lessee agrees to pay, without demand, to Lessor as rent for the parking spaces the agreed upon amount per pay period (Monthly). Payments shall be charged automatically by debit or credit card stored securely on file by ParkIt. Partial months will be prorated by ParkIt and charged to lessee. 2. Quiet Enjoyment. Lessor covenants that on paying rent and performing the covenants herein contained, Lessee shall peacefully and quietly park at the demised premises for the agreed term. 3. Use of Premises. The demised premises shall be used and occupied by Lessee as a private parking space, and neither the premises nor any part thereof shall be used at any time during the term of this lease for working or any other purpose. Lessee shall comply with all the laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the driveways connected thereto, during the term of this lease. 4. Condition of Premises. Lessee stipulates that he has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean condition. Lessee is also responsible for properly insuring their property. Proof of insurance is required. Lessor is not responsible for damaged or lost property. 5. Assignment and Subletting. No subletting is allowed with this contract unless agreed upon by ParkIt. 6. Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee with exception of fixtures removable without damage to the premises and movable personal property, shall unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease. 7. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessor’s negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been unsuitable for the lease purpose; but, if the leased premises should be damaged other than the Lessee’s negligence or willful act or that of his employee, family, agent, or visitor to the extent that the Lessor shall decide not to rebuild or repair, the term of the lease shall end and the rent shall be prorated up to the time of the damage. 8. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any reasonable insurance company (this would include gas cans, or gas storage containers). 9. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for inspecting the premises and all building and improvements thereon. 10. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition. Draining any waste water is not permitted on the premises. Major maintenance and repair of the leased premises, not due to the lessee’s misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. 11. Subordination of Lease. This lease and Lessee’s leasehold interest hereunder are and shall subject, subordinate, and inferior to any liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 12. Holdover by Lessee. Should lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to- month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days’ written notice served by either Lessor or Lessee on the other party. 13. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the use of the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements expected. 14. Default. If any default is made in the payment of rent, or any part thereof, at the times herein before specified, or if any default is made in the performance of or compliance with any forfeited, and Lessor may remove the vehicle therefrom. Lessee shall be charged late payments as set forth on ParkIt.com for payments made 3 days beyond the due date. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within 3 days of receipt of such notice, Lessor has corrected the default or breach or has taken action reasonably likely to affect such correction within a reasonable time. 15. Change of Terms: The terms and conditions of this agreement are subject to future change by owner after the expiration of the agreed lease period upon 30 day written notice setting forth such change and delivered to Lessee. Any changes are subject to laws in existence at the time of Notice of Change of Terms. 16. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be constructed as conditions of this lease. X (S ignature) Stein Christensen, ParkIt Date: 11/19/2019 Devon Dellenbach Date:_______________ X (S ignature)