This Parking Space Licence Agreement (‘Agreement’) is effective upon agreement to these terms and finalization of purchase through our web application portal.
CITI PLAZA LONDON INC., a company incorporated under the laws of the Province of Ontario, having its principal place of business at 355 Wellington Street, Unit 237, London ON N6A 3N7
(the ‘Landlord’);
and
LESSEE NAME & ADDRESS (the ‘Lessee’)
(individually referred to as ‘Party’ and collectively as the ‘Parties’).
The Landlord wishes to offer for rent a parking space, and the Lessee wishes to enter into this agreement to licence the use of such parking space from the Landlord on the terms herein.
NOW THEREFORE IN CONSIDERATION of the rents, covenants, conditions and obligations reserved and contained in this Agreement on the part of the Lessor and the Lessee to be respectively paid, kept, observed and performed, the Landlord and the Lessee agree as follows:
Article 1 – Parking Space
The Landlord hereby agrees to provide, and Lessee agrees to rent, the parking space located at the following address: 355 Wellington Street, London, ON, Canada, N6A 3N7.
(the “Space”) together with the use of the related parking facilities, entrances, accessways, etc. (the “Facilities”) upon the Lessee paying the Rent and performing the other obligations to be performed by the Lessee under this Agreement. The Landlord, may amend the description of or location of or section containing the Space (if reserved) on written notice to Lessee. Landlord may also effect reasonable closures of the Facilities from time to time in the event of emergency or to conduct repairs, replacements or maintenance within or to the Facilities.
The Lessee’s licence of the parking space will hereinafter be described as the ‘Licence’.
Article 2 – Duration of Licence
The Licence will begin on the date selected during purchase through our web portal (‘Start Date’) and continue on a month to month basis until the Licence is terminated in accordance with the provisions contained herein.
Article 3 – Rent
The Lessee agrees to pay the Landlord the indicated amount (the ‘Licence Price’ or ‘Rent’), per month through the duration of the Licence, plus all applicable taxes including Harmonized Sales Tax (“HST”).
If employed by a tenant of Citi Plaza, the reduced Licence Price indicated will be charged per month plus HST (subject to confirmation of employment). Should the Lessee cease to be employed by a Tenant of Citi Plaza, Lessee must notify the Landlord within 5 days and Rent shall thereafter increase to the non-tenant rate indicated in the portal effective from the 1st of the next month following notification.
If not employed by a tenant of Citi Plaza the Licence Price indicated will be charged per month plus HST.
The Landlord reserves the right to change the price of any agreement Rental amount upon giving (1) full calendar months’ prior written notice to the Lessee.
Article 4 – Deposit
A deposit for each parking access card is required in the amount of $25 (twenty-five dollars), payable with the first month’s Rent. Should the access card become damaged or is lost, the deposit is forfeited and an additional deposit of $25 will be required upon receipt of a replacement card.
After the Licence is entirely completed and the parking space and access card have been relinquished back to the Landlord, in good condition, the Lessee will receive the deposit back in full. The deposit may be refundable in case the Licence is cancelled prior to its beginning, at the Landlord’s sole and exclusive discretion.
Article 5 – Payment/Lessee Covenants
The Rent will be paid by one of the following methods of payment:
Credit Card (Visa or Mastercard) – Payment to be processed on the 1st day of each month and the Landlord is hereby authorized to process such payments during each and every month until termination.
The Lessee acknowledges and agrees that monthly invoices will not be produced. A statement of account is available through the parking portal.
The Lessee agrees and covenants with the Landlord and at its expense:
- to pay the Rent in the manner provided in this Agreement;
- to use the Space for the purposes of parking a vehicle and for no other business or purpose and to register any vehicle using the Space with Landlord in the manner and form prescribed by it from time to time, including the form found at Appendix I;
- to observe and fulfill all applicable laws in the use of the Space and in accordance with all rules and regulations determined by the Landlord from time to time;
- to indemnify and hold the Landlord harmless from and against any costs (including reasonable legal costs) arising in connection with any hazardous or controlled materials or other similar contaminants brought upon the Space or into the Facilities by the Lessee or anyone whom it is responsible at law.
Article 6 – Disclaimer of Warranty
The Lessee acknowledges and agrees that the parking space is being provided to the Lessee ‘as is’ and that the Landlord disclaims any and all warranties of quality, whether express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
Article 7 – Limitation of Liability & Indemnification of Landlord – IMPORTANT
Any use of the Space and Facilities by Lessee shall be at the risk of the Lessee. In the event of any resulting loss or damage resulting from such use by Lessee or any other permitted party, Lessee shall indemnify and save harmless the Landlord and those for whom it is responsible at law from and against all claims, losses and damages so resulting.
The Lessee will hold the Landlord harmless from and against any costs resulting from damage caused to a vehicle in the Space or Facilities or any lost or stolen personal property left in a vehicle in the Space or Facilities and the Landlord shall not be responsible for any losses, costs or other claims incurred. Lessee has been advised to take all reasonable precautions to prevent theft and/or damage to vehicles using the Space and Facilities including without limitation the removal of all personal property from vehicles while parked.
The Landlord will not be liable for any special, indirect, or consequential damages arising out of or relating to this Agreement in any way and the Lessee agrees that all claims for such damages are hereby waived.
Article 8 – Termination
This Agreement may be terminated by either party upon one (1) full calendar months’ written notice to the other party. The Landlord may also terminate the License as provided at Article 9 below.
On termination of this Agreement, any unpaid rental amount must be paid to the Landlord within five (5) business days. If one (1) full calendar month notice has been provided, and the access card returned to the Landlord in good condition, the account will be closed and provide the $25 card deposit back via cheque payable to the Licensee.
Article 9 – Restrictions on Usage
The Landlord reserves the right to terminate or suspend the Licence on written notice if the Lessee is found to be in breach of any of the following provisions:
- OVERNIGHT PARKING: No overnight parking (being parking between the hours of 7:00 PM and 7:00 AM) is permitted without prior written permission from the Landlord.
- GATE OR PROPERTY DAMAGE: if a lessee has been found to have broken an exit gate and/or vandalized/damaged the property in any way, parking privileges will be terminated, and the lessee will have to pay for all repairs.
- EXITING OF THE CARPARK: Lessees are not to allow piggybacking. The Lessee must notify the Landlord immediately if any vehicle is seen to be piggybacking at any exit.
- RULES & REGULATIONS: The Lessee will comply with all covenants herein including but not limited to all rules and regulations imposed by the Landlord for the use of the Space and the Facilities from time to time.
- ARREARS OF RENT: The Lessee acknowledges that the Landlord may suspend the Lessee’s privileges to access the Facilities and/or use the Space should the Lessee be in arrears in the payment of rent or any other amounts due to the Landlord for more than two (2) days provided that any such suspension/termination shall not give rise to any abatement or discount to rents.
Article 10 – General Provisions
- LANGUAGE: All communications made or notices given pursuant to this Agreement will be in the English language.
- ASSIGNMENT: This Agreement or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or in part by the Lessee but shall be permitted to be assigned, sold, leased or otherwise transferred, in whole or in part, by the Landlord, without consent of the Lessee but on notice in writing to the Lessee.
- AMENDMENTS: This Agreement may only be amended in writing and signed by both Parties and, except as otherwise specifically provided herein, may be waived only if the Landlord so agrees in writing.
- NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
- LEGAL NOTICES: Any notice to be given under this Agreement shall be in writing and shall be hand delivered or may be sent by email or other electronic means including via the parking portal or otherwise to the last address on file with the Landlord in the case of Lessee or to Landlord’s administration office in the case of Landlord.
- SEVERABILITY: The Parties intend as follows:
- That if any provision of this Agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable unless that modification is not permitted by law, in which case that provision will be disregarded;
- That if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of the Agreement will remain in effect as written; and
- That any unenforceable provision will remain written in any other circumstances other than those in which the provision is held to be unenforceable.
- COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement, and may be transmitted and/or executed by electronic means.
- GOVERNING LAW: The laws of the Province of Ontario, without giving effect to its principles of conflicts of laws, and the laws of Canada in effect in the Province of Ontario governs all adversarial proceedings arising out of this Agreement. All of the parties to this Agreement hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario and agree that this Agreement shall be treated, in all respects, as an Ontario contract.
- ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to the subject matter and supersedes all other Agreements, whether written or oral between the Parties.
- FORCE MAJEURE/EXCUSE: Save and except as to the payment of Rent, neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- SUCCESSORS: This Agreement is binding upon, and ensures to the benefit of, the parties hereto and any heirs, administrators, personal representatives, successors and permitted assigns of the parties
- CURRENCY: All amounts payable pursuant to this Agreement shall be calculated and payable in Canadian currency.
- SUBORDINATION: This Licence is and will remain subordinate to every mortgage, charge, financing, refinancing, present and future, against the Space. The Lessee agrees to attorn, when requested by the Landlord, to any holder of a mortgage, charge, or other encumbrance on the Space.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date of acceptance to these terms through the parking portal by clicking ‘accept’ and proceeding with the payment.
Landlord: CITI PLAZA LONDON INC.