Common use of Parking Arrangements Clause in Contracts

Parking Arrangements. On and after October 1, 2008, the parking ratio for unreserved parking spaces set forth in the first (1st) sentence of Paragraph 29 of the Lease shall be amended to be 4.0 unreserved parking spaces per 1,000 rentable square feet and the third (3rd) grammatical sentence of said Paragraph 29 of the Lease shall be deleted in its entirety, and the following new sentences shall be inserted at the end of Paragraph 29: "As part of and not in addition to the ratio of unreserved parking spaces provided hereinabove, Landlord shall provide a total of fifteen (15) reserved monthly parking spaces for use by Tenant in the parking facility serving the Building (hereinafter referred to as the "Garage"), provided that Landlord shall have the right, at any time, in Landlord's sole discretion, to relocate such spaces within the Garage. Such parking spaces shall be provided to Tenant at the rate of Fifty and No/100 Dollars ($50.00) per space per month, as said rate may be adjusted from time to time by Landlord or by the operators of the Garage at their discretion; provided that such rate is consistent with reserved monthly parking rates in the Project; and, provided further, however, that eleven (11) of such monthly reserved parking spaces shall be provided to Tenant during the Lease Term, as extended hereby, free of charge. If Tenant elects to take the four (4) reserved monthly spaces (provided that such reserved monthly parking spaces are available), Tenant shall pay such monthly charges to Landlord or to the operators of the Garage, as Landlord directs, on or before the first (1st) day of each calendar month throughout the Lease Term, as extended hereby, and Tenant shall abide by and comply with any and all rules and regulations promulgated by Landlord or the operators of the Garage with respect to such parking spaces. If Tenant fails to timely pay any parking charges, Landlord shall have the right to revoke Tenant's rights to any such Tenant's parking spaces for which Tenant failed to pay the parking fee. Landlord shall use reasonable efforts (which efforts shall not include the expenditure of funds) to enforce the reservation of such reserved spaces. If Tenant does not elect to take or voluntarily releases its rights to all or any one of the four (4) paid reserved parking spaces during the Term of the Lease, as extended hereby, then Tenant may, at its option, within ninety (90) days after said release, request that Landlord reinstate Tenant's rights to all or any one of Tenant's paid reserved parking spaces released by Tenant, and Landlord shall make reasonable efforts to provide such paid reserved parking spaces to Tenant at the prevailing monthly parking rates for such spaces; provided, however, that the provision of such paid reserved parking spaces shall be subject to availability, pursuant to both present and future leases and other contractual obligations of Landlord. The parking spaces described in this Paragraph 29, and Tenant's rights thereto, shall not be assignable or transferable by Tenant."

Appears in 1 contract

Sources: Lease Agreement (Simmons Co)

Parking Arrangements. On and after October 1, 2008, the parking ratio for unreserved parking spaces set forth in the first (1sta) sentence of Paragraph 29 Subject to all of the Lease terms, provisions, covenants and conditions contained in this Lease, Tenant shall be amended have the right to be 4.0 unreserved parking spaces per 1,000 rentable square feet and the third (3rd) grammatical sentence of said Paragraph 29 of the Lease shall be deleted in its entirety, and the following new sentences shall be inserted at the end of Paragraph 29: "As part of and not in addition to the ratio of unreserved parking spaces provided hereinabove, Landlord shall provide a total of fifteen (15) reserved monthly parking spaces for use by Tenant utilize in the parking facility serving 18 reserved parking spaces and 106 unreserved parking spaces which parking facility shall provide for the use of tenants of the Building (hereinafter referred to as the "Garage"), provided and such other people that Landlord shall have the right, at any time, decides to lease such parking spaces to in Landlord's ’s sole discretion, to relocate such spaces within the Garage. Such parking spaces shall be provided at no additional charge to Tenant at over the rate of Fifty and No/100 Dollars ($50.00) per space per month, as said rate may be adjusted from time to time by Landlord or by the operators initial term of the Garage at their discretion; provided that such rate is consistent with reserved monthly parking rates in the Project; and, provided further, however, that eleven (11) of such monthly reserved parking spaces shall be provided to lease. Tenant during the Lease Term, as extended hereby, free of charge. If Tenant elects to take the four (4) reserved monthly spaces (provided that such reserved monthly parking spaces are available), Tenant shall pay such monthly charges to Landlord or to the operators of the Garage, as Landlord directs, on or before the first (1st) day of each calendar month throughout the Lease Term, as extended hereby, and Tenant shall abide by and comply with any and all rules and regulations promulgated by Landlord or the operators of the Garage with respect to such parking spaces. If Tenant fails to timely pay any parking charges, Landlord shall have the right to revoke Tenant's rights to any such Tenant's purchase an additional 2 unreserved parking spaces per 1,000 square feet at our current promotional rate of $77.00 per month, per space plus all applicable sales tax; however, Landlord may, in Landlord’s commercially reasonable discretion, adjust said monthly parking rate based on current market parking rates for which Tenant failed to pay the parking feedowntown area. Landlord shall use reasonable efforts (which efforts shall not include the expenditure of funds) to enforce the reservation of such reserved spaces. If Tenant does not elect to take or voluntarily releases its rights to all or any one of the four (4) paid reserved The Rent for parking spaces during is payable in advance on the first day of each month throughout the Term of the this Lease, as extended hereby, then Tenant may, at its option, within ninety (90) days after said release, request that Landlord reinstate Tenant's rights to all or any one of Tenant's paid reserved parking spaces released by Tenant, and Landlord shall make reasonable efforts to provide such paid reserved parking spaces to Tenant at the prevailing monthly parking rates . The Rent for such spaces; provided, however, that parking space(s) shall be deemed Additional Rental payable in the provision of such paid reserved parking spaces same manner as Rent set forth in this Lease and shall be subject to availabilityall of the terms, pursuant provisions, conditions and covenants of this Lease including, but not limited to, any provisions pertaining to both present late charges and future leases and other contractual obligations of Landlord. The parking spaces described in this Paragraph 29Default. (b) Tenant’s right to use, and Tenant's rights theretoits right to permit its principals, employees, contractors, and guests to use, the Parking Areas are subject to the following conditions: (i) Landlord reserves the right to change the access to the Parking Areas, provided that some manner of reasonable access to the Parking Areas remains after such change; and such change shall not be assignable entitle Tenant to any claim against Landlord or transferable to any abatement of Rent; (ii) Landlord has no obligation to provide security or a parking lot attendant and Landlord shall have no liability on account of any loss or damage to any vehicle or the contents thereof, or any personal injury, property damage, or other tort liability suffered by Tenant, its employees, agents, or contractors, Tenant agreeing to bear the risk of loss for same; (iii) if and when so requested by Landlord, Tenant shall furnish Landlord with the license numbers and descriptions of any vehicles of Tenant, its principals, employees, agents and contractors."

Appears in 1 contract

Sources: Lease Agreement (Brown & Brown Inc)