Parking Space
LICENSE Agreement
Beelman Logistics, LLC., as Licensor,
does hereby agree to license to _______________________________________, as Licensee,
_______ parking space(s) located at __________________________________ (“Lot”)
for Licensee’s use for storage of the vehicles and/or equipment identified in
Schedule A, attached hereto and incorporated herein by reference. The following
terms and conditions shall apply to this Parking Space License Agreement
(“Agreement”):
1.
Responsibilities. Licensor shall not be responsible or liable for any damage or
loss to possessions or items left in Licensee’s vehicle(s), nor will it be
responsible or liable for any loss or damages whatsoever, including but not
limited to Licensee’s vehicles, equipment, or cargo while on the Lot or
personal injury to Licensee or anyone on the Lot pursuant to this Agreement
between Licensee and Licensor. Licensee
is responsible for any and all damages beyond normal wear and tear to the Lot
and any incorporated or adjacent fixtures or structures of Licensor. In such
circumstances, Licensor may, in its sole discretion, make such repairs or
replacements as necessary and Licensee agrees to compensate Licensor for any
such costs, which Licensee agrees herein to be necessary and reasonable for the
repair of the premises. Licensee agrees it will be responsible for the
replacement of any lost, stolen, or damaged RFID keycards and Licensee shall be
billed for all related charges associated with the replacement of any and all
RFID keycards, as well as an additional $_______________ RFID keycard
deactivation fee. Licensee shall immediately notify Licensor of any lost,
stolen, or damaged RFID keycards.
2.
Payment. Licensee agrees to pay $125.00 fee per month for
the use of each aforementioned parking space, which shall consist of a
size of no greater than 75 feet by 12 feet. Licensor retains the right to
increase this fee at any time following advance notice of at least thirty (30)
days. Licensee is to make such payment to Licensor by credit card. Licensee shall make payments in advance on
the first of each month. No deductions or allowances from this rate will be
permitted for days Licensee fails to use its parking space(s). A charge of $50 will be assessed for a late payment
received after the 10th of the month.
3.
Term. This Agreement will begin on the
date of execution exhibited below and shall continue on a month-to-month basis.
4.
Termination. This Agreement is terminable at will by either Licensee or Licensor.
If Licensee elects to terminate this Agreement, Licensee shall provide Licensor
with written notice. No refunds will be issued for early termination.
5.
Maintenance & Repairs. Licensee is not allowed to do
any maintenance or repair work to the vehicles covered by this Agreement on Licensor’s
property. This includes, but is not limited to mechanical work, washing of
truck/trailer, etc.
6.
Indemnification: Licensee shall
indemnify, hold harmless, and defend Lessor, as well as its respective owners,
officers, directors, shareholders, affiliates, agents, employees, and
representatives from and against any and all losses, injuries, damages, claims,
costs, demands, suits, and expenses arising out of Licensee’s use of the
premises under this Agreement attributable to Licensee and its officers,
directors, employees, agents, contractors, or subcontractors, and not
attributable to the sole negligence of Licensor.
7.
Insurance: Licensee shall
maintain at its own expense during the term of this Agreement such public
liability, property damage and cargo insurance coverage for the protection of
the public pursuant to law under 49 U.S.C. § 13906 and in amounts no less than
the federal minimum financial responsibility limits, as well as workers’
compensation or occupational accident insurance for all its employees and/or
agents who may reasonably become present at the Lot under this Agreement as
required under the workers’ compensation laws of any state reasonably likely to
have jurisdiction over Licensee’s business operations. In no such case,
regardless of any other requirements imposed by this Agreement or otherwise,
shall Licensee’s insurance coverage amount to no less than $750,000.00 combined
single limit, any one occurrence, for automobile bodily injury and property
damage liability, $1,000,000.00 an accident of workers’ compensation or
occupational accident coverage, and $5,000.00/vehicle plus
$10,000.00/occurrence of cargo coverage. Licensee shall provide Licensor with
certificates of insurance to evidence the insurance policies and coverages
required under this Agreement.
8.
No Bailment: The Parties
expressly agree that no bailment has been created through this Agreement or Licensee’s
use of the Lot hereunder.
9.
Entire Agreement: This Agreement
represents the entire agreement and understanding of the Parties. No prior
understandings or agreements of the Parties, whether written or oral, shall be
binding.
10.
Modification: This Agreement
and any attachment hereto may be freely modified upon joint agreement between
the Parties if said modification is made in writing and signed by
representatives of Licensor and Licensee.
11.
Assignment: This
Agreement, and the rights provided hereunder, may not be assigned without the
written consent of Licensor. This Agreement shall be binding on both Parties,
as well as their respective successors and permitted assigns.
12.
Governing Law: This Agreement
shall be interpreted in accordance with the laws of the State of Illinois,
regardless of choice-of-law principles. The Parties agree that any claim or
dispute arising from this Agreement or the obligations specified herein shall
be resolved by a court of competent jurisdiction in St. Clair County, Illinois.
The Parties hereby waive any objections to personal jurisdiction in any such
dispute. In the event of any suit between the Parties in any way related to
this Agreement, the prevailing party shall be entitled to be reimbursed by the
non-prevailing party for all reasonable attorney’s fees, expenses, and other
costs incurred in prosecution of the suit.
13.
Illegal Activity: No portion of
the Lot subject to this Agreement has been leased with the proceeds of any
illegal activity. Furthermore, Licensor may terminate this Agreement without
notice or opportunity to cure for any illegal activities conducted by Licensee
and those upon the Lot pursuant to this Agreement, including, but not limited
to, Licensee’s employees and/or agents, regardless of whether or not any such
activity was cited by police or subject to governmental investigation. Licensee
shall also notify Licensor of all criminal activities as soon as reasonably
practicable after Licensee becomes aware of any such action. Licensee agrees
that should Licensor suffer any out-of-pocket expenses, losses, damages, or
injury as a result of illegal activity by Licensee or its employees, agents, or
representatives, that Licensor shall qualify as a “victim”, as that term is
defined in 725 ILCS 120/3 that may be entitled to restitution under 730 ILCS
5/5-5-6. Should Licensor receive any such restitution as a result of any
out-of-pocket expenses, losses, damages, or injury, such receipt shall in no
circumstances be deemed a waiver of any private right of action against
Licensee, its employees, agents, or representatives possessed by Licensor.
EXECUTED AND
AGREED by the parties hereto, this the Date of Agreement
_______day of Month of __________,
20__.
Licensor: Beelman Logistics, LLC Licensee:
1
Racehorse Dr., East St. Louis, IL 62205 Address:
By:
_____________________________ By (Print and Sign):
