Copley Private Parking

Transcription

1 Copley Private Parking Private off-street parking is available for rent for residents and non residents. Please contact the Leasing Administrator for rates and availability at In order to secure a parking spot please read the following information, complete the attached agreement, and return it along with a check for 2 month s rent (first month s rent will be applied to your account and 2 nd month will be held as a deposit and applied as your Last Month s Rent). Please send the completed parking agreement and check to: The Copley Group Attn: Leasing Administrator 896 Beacon Street Boston, MA All of our lots are available for your use on a first come basis- there are no assigned parking spaces. You need only to look for spaces that have the Copley Group symbol on the pavement. Please note that these spaces are only available to the vehicle listed on the agreement. Once the agreement has been completed we will notify the towing company, Robert s Towing and you may pick up your sticker at 896 Beacon Street. We do not mail or deliver our parking stickers. This sticker should be displayed on the inside of the driver s side windshield. Any vehicle not displaying a parking sticker will be towed at the owner s expense.

2 PARKING LICENSE AGREEMENT This License is between Copley Management & Development Corp., Agent ( Licensor ) and the licensee named below ( Licensee ), and is subject to the terms and conditions contained herein. Licensor grants to Licensee a revocable, non-assignable and non-transferable license to park in the parking designated area at the Property described below in the box marked with and x or the like, the one vehicle described below in such space or area from time to time designated by Licensor. Section 1. The following sets forth certain basic data hereinafter referred to in this License: (A). (B). (C). Name of Licensee Address of Licensee, including apt. # City/State/Zip Phone # (Home) Phone # (Work) Vehicle: Color Make/Model Year Registration Plate # State of Registration: Driver s License # Address of Property: Licensee s above described address (D). Term: Unless sooner terminated as described herein, the term of this license is described next below in the box marked with and x or the like: Co-terminous with Licensee s apartment lease at Licensee s address completed above, however in no event shall the duration of this license extend beyond the term of Licensee s said tenancy at an apartment managed by the Licensor Six month commencing One year commencing (E). (F). (G). Fee: The parking fee is $ monthly; provided however the monthly parking fee may be increased or decreased by Licensor at any time or times upon thirty (30) days written notice to the Licensee of the change in such fee sent to Licensee's address. No deductions or allowances shall be made for days that Licensee does not use the parking area. Parking Sticker Number: The parking sticker number for the vehicle described above is ; Parking Sticker Deposit: The parking sticker deposit shall be in the amount of the monthly parking fee. Section 2. This License is executed for the sole purpose of establishing the revocable License for the Licensee s vehicle to enter the Property, and for Licensee to park said vehicle in the parking area from time to time designated by Licensor. All entry of motor vehicles on the Property by or for Licensee, and the parking thereof, is subject to the rules and regulations as the Licensor may from time to time make, modify, amend and/or restate in Licensor s sole discretion. Timely payment of the monthly parking fee and compliance by the Licensee with all other provisions contained herein shall entitle the Licensee to park the above vehicle in the parking area from time to time designated by Licensor during the applicable calendar month. This License is not a lease, nor in any way is intended to convey or create any right, title, or interest in any real property. Such parking right shall be a license to park only; no bailment is created hereby. Licensee agrees that all persons at any time driving and/or parking Licensee s vehicle described herein shall be responsible to comply with all obligations of the Licensee under this license agreement, and Licensee agrees to be responsible and liable to Licensor and/or the owner of the Property for any non-compliance. This License may not be assigned or otherwise transferred by Licensee. Licensee shall be responsible for

3 Section 3. Licensee agrees pay to Licensor the Fee described above for parking, monthly on the first day of every month, in advance, which Fee is due for each month or any portion thereof. In the event Licensee is a tenant at an apartment managed by the Licensor, the amount of the Fee paid shall first be applied to any and all past due balances in connection with Licensee s lease tenancy before being applied to Fees for parking. Section 4. This License permits the parking of only the one vehicle identified in Section 1 above, which vehicle must at all times be registered with a valid license plate and be in good operating condition. At the Property, the Licensee shall not perform, or permit any other person or entity to perform, on the Licensee s vehicle any cleaning, washing, polishing, covering, storing on blocks or the like, repairs, maintenance or other service. Section 5. The Licensee agrees that parking is solely at the risk of Licensee, that Licensee assumes all risk of loss for any damages, theft and/or other losses suffered to said vehicle and/or its contents, and that Licensee shall have no recourse against the Licensor and/or the owner of the real property at which this parking license applies, and Licensee hereby releases, and agrees to indemnify, defend and hold harmless (including without limitation paying all reasonable attorneys fees and expenses of the Licensor and the owner of the Property, and each of them), the Licensor and the owner of the Property, and each of them, and their agents, employees, successors and/or assigns from all damages, thefts and/or other losses suffered to said vehicle and/or its contents, and all claims, damages and losses whatsoever in connection with Licensee s vehicle. Licensee agrees that the Licensor and/or the owner of the Property has no obligation or responsibility to the Licensee, any passengers of Licensee s motor vehicle or any other persons associated with Licensee to provide any security, monitoring and/or other protection to the parking areas and/or for safety of persons and/or personal property at or about the parking areas. Section 6. a. Licensor will issue a parking sticker to the Licensee, which the Licensee shall use to park the vehicle described herein in the designated parking area of the real property at which this parking license applies, and which parking sticker the Licensee shall display in an area clearly visible on and through the front or rear windshield of the vehicle, or in such other manner requested in writing by Licensor. The parking sticker shall remain the property of Licensor and may not be mutilated in any manner. THE PARKING STICKER IS NOT TRANSFERABLE AND ANY PARKING STICKER IN THE POSSESSION OF AN UNAUTHORIZED HOLDER OR PLACED ON ANY VEHICLE WHICH IS NOT REGISTERED FOR SAID STICKER WITH THE LICENSOR SHALL BE VOID. Licensor may charge a nonrefundable replacement fee to the Licensee for loss, damage or misuse of any parking sticker. b. In the event a parking sticker is lost, stolen or damaged, the Licensee shall immediately complete a lost, stolen or damaged identification report form, and sign and submit it to the Licensor. The Licensee shall be solely responsible for any unauthorized use of a parking sticker, prior to submission of a lost, stolen or damaged identification report form. Licensor may deactivate or otherwise revoke a parking sticker to prevent its reuse. Provided that the Licensee is not in default under this license agreement, Licensor will promptly replace any lost, stolen or damaged parking sticker or in Licensor s discretion issue a temporary parking permit, upon submission of a lost or stolen identification report form and payment to Licensor of a replacement fee established from time to time by Licensor, and if the parking sticker is damaged then Licensee must also return the damaged parking sticker to Licensor. c. Licensee shall return to Licensor the parking sticker with all identifying numbers shown thereon at the first to occur of the last day of the term of this license agreement, or the effective day of the termination of this license agreement, time being of the essence; and upon the failure of Licensee to so return the parking sticker, then the parking sticker deposit shall become the property of the Licensor as liquidated damages for Licensee s failure to do same, free of any obligation on the part of Licensor to return same to Licensee, however in all events the non-returned parking sticker shall be void and any vehicle using same shall be towed and stored at the expense of the owner or user of the vehicle. While Licensor holds the parking sticker deposit, Licensor shall have no obligation to pay interest on same or to give any other notification regarding same, unless required to do so by applicable law. In the event the Licensee is a resident at an apartment managed by the Licensor, the parking sticker deposit provisions and the provisions of subpart c of this section shall in no event create a default under such lease or other tenancy. Section 7. In the event any of Licensee s Fees due for parking are not received by Licensor when due and applied to parking, in the event Licensee is a tenant at an apartment managed by the Licensor and any payment due under the lease for the Licensee s apartment is not received by Licensor when due, in the event Licensee parks in a handicapped designated space without displaying a then valid state-issued handicapped permit, in the event Licensee parks in an area not designated for parking, in the event Licensee parks in a manner which occupies in whole or in part two parking spaces, in the event Licensee parks a vehicle other than the vehicle described herein, in the event Licensee fails to display in an area clearly visible on and through the front or rear windshield of the vehicle authorized to park herein (or in such other manner requested in writing by Licensor) the parking sticker with the identifying numbers shown thereon issued by Licensor under this license, in the event Licensee fails to comply with any other term or condition of this License, or in the event Licensee 2

4 is a resident at an apartment managed by the Licensor and Licensee defaults in any other term or condition of the lease for the apartment, then Licensor may, without any necessity of any prior notice to Licensee, (a) decline to permit Licensee to park Licensee s vehicle at the Property with no refund to Licensee; (b) revoke this License with no refund to Licensee, in whichever event Licensee agrees not to further park the vehicle on the Property or bring Licensee s vehicle onto the Property; (c) remove the Licensee s vehicle from any authorized parking list delivered to tow companies; and/or (d) cause Licensee s vehicle to be towed from the Property at Licensee s expense for both the towing and storage. Licensee agrees that the tow companies are independent contractors and not employees, agents or under the control of Licensor, and Licensor and/or the owner of the real property at which this parking license applies shall not be liable to Licensee for any damages and/or losses resulting from the acts or omissions of said tow companies. Section 8 Licensee agrees that any failure by Licensor to complain of any action or non-action by Licensee shall never be deemed to be a waiver by Licensor of any rights hereunder. Section 9. Licensee agrees that any additions, deletions, or changes to the information provided by the Licensee included in Section 1 hereof shall not be effective until notice of such additions, deletions or changes are submitted in writing by use of attached Parking Agreement Change Form, and such a Change Form will not be in effect until such time as the Licensor countersigns such instrument. Licensee will retain a copy of the fully executed Change Form. Section 10. No flammable or explosive substance, intoxicating liquor or firearms shall be stored or kept in the Licensee s vehicle while the vehicle is parked or otherwise on the Property. Section 11. Either party shall have the right to prospectively cancel or terminate the term of this License without any reason, which shall occur only at the expiration of the last day of a calendar month, by giving the other party at least thirty (30) days prior written notice. In addition, Licensor may immediately revoke or terminate Licensee s right to park at the Property, without prior written notice to the Resident, and without any refund for the balance of the month s fee paid, if the Licensee fails to pay the monthly parking fee when due, or upon any breach or default by Licensee of any other term, condition or covenant of this license agreement. Licensor may also have Licensee s vehicle towed from the Property even if the monthly fee has been paid by the Licensee, when any ground set forth herein for towing has occurred. NO TERMINATION BY LICENSOR SHALL EXCUSE THE RESIDENT FROM ITS OBLIGATION TO PAY UNPAID MONTHLY PARKING FEES, INCLUDING THE FEES FOR THE MONTH IN WHICH THE TERMINATION IS EFFECTIVE. Licensee also agrees to pay all expenses of moving, towing, and storing of any vehicle which Licensor may incur as a result of the Licensee s failure to comply with any term, condition or covenant contained herein. Licensor shall not be liable for any injury or damage to person or property of the Licensee caused by such towing of the vehicle. Section 12. This agreement contains the entire agreement and except as otherwise provided herein, this agreement and the rights and obligations hereunder cannot be altered, modified, amended, changed or waived orally or in any other manner, whether in whole or in part, except by a written agreement signed by the Licensor. Furthermore, without limitation to the foregoing sentence, any party claiming alteration, modification, amendment, change or waiver orally or in any manner of this agreement other than in a written agreement signed by the Licensor, whether in whole or in part, shall have the burden of proof of such claim, which must be established by clear and convincing evidence. Licensee submits to the jurisdiction of the courts of the Massachusetts for all purposes with respect to this instrument and all matters directly or indirectly relating hereto. This instrument shall inure to the benefit of the parties hereto and the owner from time to time of the Property. In any case, controversy or matter which directly or indirectly arises out of, or is in respect of this instrument and/or all matters relating hereto, Licensee knowingly, voluntarily and intentionally waives any right to and agrees not to bring, commence, or otherwise take any action to transfer any proceedings including without limitation court, arbitration, mediation, administrative or other proceedings against the Licensor and/or the owner of the Property, other than in the city in which the Property is located, however it is understood and agreed that nothing contained herein shall restrict the Licensor and/or the owner of the Property to any particular forum. LICENSOR AND LICENSEE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY NOW EXISTING AND/OR HEREAFTER ARISING RIGHT TO A TRIAL BY JURY IN CONNECTION WITH THIS LICENSE AGREEMENT AND ALL MATTERS ARISING HEREUNDER, RELATING HERETO AND/OR IN CONNECTION HEREWITH. 3

5 Section 13. The Licensee acknowledges receipt of a signed copy of this executed document. Signed as a sealed instrument this (Date). Licensor: Copley Management & Development Corp. By: Licensee: Print name Title Print name Title, if applicable FM PARKING 5/24/05 4