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This CARPARK RENTAL AGREEMENT is entered into on
BETWEEN
(1) whose principal place of business is at (the "Licensor")
(2) whose principal place of business is at (the "Licensee")
WHEREAS
The Licensor shall grant and the Licensee shall occupy the Carpark Space at Premises for the Term of Licence (as defined below) and both parties agree to observe and perform the terms and conditions as follows:
1. Licence
The Licensor hereby grants to the Licensee permission to the carpark space (the "Space") at (the “Premises”) as the Licensor shall from time to time designate for a term of months, commencing on and expiring on .
2. Licence Fee
2.1 The Licence Fee is on a basis, the licence fee includes fixtures, fittings and equipment, and other items and fees as listed in the Schedule (if any).
2.2 The Licensee shall make payment in full, the Licence Fee is payable on the first day of each period beginning with the first payment on or before . Without prejudice to any other right or remedy of the Licensor hereunder the Licensee shall pay to the Licensor on-demand daily interest at the rate of two percent (2%) per annum over the best lending rate from time to time in in respect of any of the payments not paid on the due date of such payment to the Licensor hereunder and such interest shall be payable from the date upon which such payment ought to have been paid up to the actual date of payment. If the Licence Fee has not been paid for more than 15 days, the Licence can be terminated by the Licensor, who is not required to return the said deposit.
2.3 For the avoidance of doubt, the Licensee shall not be entitled to use the Premises until the Deposit and the initial Licence Fee has been paid in full.
2.4 The Licence Fee cannot be increased during the term of this Licence.
3. Deposit
3.1 The deposit is in total, payable within 1 business day after the signing of this Licence.
3.2 If Licensee terminates the Licence during the Term without any violations of this Licence by Licensor, Licensor is not required to return the said Deposit.
3.3 If Licensee breaches any part of this contract, Licensor has the right to retain part of or all of the Deposit as compensation, upon providing the actual evidence by Licensor.
3.4 If Clause 3.3 is brought into effect, and the said deposit is insufficient to cover Licensor’s costs, Licensee should pay the extra amount to Licensor within ten working days of receipt of Licensor’s invoice notice.
3.5 Provided that there is no antecedent breach of any of the terms and conditions herein contained and the Licence will not be renewed, the Licensor shall refund the Deposit to the Licensee without interest within 7 days from the date of vacating the Premises or settlement of any outstanding payment owed by the Licensee to the Licensor.
4. Other Charges
4.1 The Licence Fee includes the right to occupy the Space (as designated by the Licensor) and the right to access the Space.
4.2 During the period of the Licence, management fees, government rates and rent, property tax in relation to the Space are payable by .
4.3 The following are payable by the Licensee monthly according to consumption, and on receipt of bills received from the service providers / management office:
5. Licensor’s Responsibilities:
5.1 To ensure the legality of the Premises and its legal rights to license the use of the Space.
5.2 The above property shall maintain the Premises in tenantable condition during the Term of the License.
5.3 The Licensor shall keep and maintain the structural parts of the Premises and the main drains, pipes, cables and Developer’s/Licensor’s electrical appliance in a proper state of repair provided that such defect is not caused by any intentional behaviors or negligence of the Licensee and the Licensor shall have failed to take reasonable steps to repair and remedy the same after the lapse of a reasonable time from the date of service of such notice.
6. Licensee’s Responsibilities：
6 The Licensee shall:
6.1 Promptly pay the licence fee, deposit and other charges as set out in Clauses 3 and 4 of the Licence. Non-payment of these charges constitutes a breach of this Licence.
6.2 Use the Space for the purpose only of carpark use.
6.3 Keep the Space in a clean and tidy condition and not to commit any waste and to pay for any damage caused to Space or to any other part of the Premises.
6.4 Not to allow anything to be done in the Space or on any other part of the Premises which may invalidate or increase the premium payable on the Licensor’s insurance policy for the time being of the Premises.
6.5 Not to allow any other person or persons or company or firm's vehicle to occupy the Space.
6.6 Not to carry out any alterations to the fabric of the Space nor to affix anything to the walls or ceilings or the floor without the Licensor’s permission which can be withheld at the Licensor’s discretion.
6.7 Not to use the Space for any storage purposes or permit any person to sleep in the Space.
6.8 Not to use the Space for any immoral or illegal purpose.
6.9 Not to remove any of the Licensor’s fixtures or fittings whatsoever.
6.10 Upon vacating the Space to remove all the Licensee's vehicle and belongings failing which such items may be disposed of by the Licensor .
6.11 To permit the Licensor to enter the Space at any time.
7. Termination of the Licence
7.1 This Licence may be determined by the Licensor if:
a) The Licensee fails to make the Licence Fee or any other payment or under this Licence, and such failure to pay continues for more than fifteen (15) days of its becoming due.
b) A bankruptcy / insolvency petition shall be issued against the Licensee.
c) The Licensee is in breach of any other provision of this licence.
d) Either party serves a written notice on the other party bringing this licence to an end one month after service of such notice.
e) The Premises become unfit for use or occupation for any reason.
7.2 Upon termination, the Licensor shall have the right to terminate this License and without prejudice to further rights or remedies to deduct any outstanding payment from the Deposit made pursuant to clause 4, and the Licensor shall be entitled to evict the Licensee therefrom.
8. Licence not a Lease
This Licence is a mere personal right for the Licensee to occupy the Space for the purposes of this Licence and shall not be capable of being assigned shared or otherwise disposed of and the Licensee.
9. Miscellaneous
9.1 This Licence sets out the entire agreement and understanding between the parties with respect to the subject matter hereof. This Licence supersedes all previous agreements, arrangements and understandings between the parties with respect to the Premises, which shall cease to have any further force or effect.
9.2 If any provision of this Licence is held by any court or other competent authority to be void or unenforceable in whole or part, this Licence shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
9.3 Any waiver by either party of a breach of any provision of this Licence shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.
9.4 The Schedule forms an integral part of the Licence.
9.5 The Deposit paid under this clause shall be absolutely forfeited to the Licensor as and for liquidated damages (but not as a penalty) and the rights and remedies given to the Licensor by this clause shall not prejudice any other right of action or any remedy of the Licensor in respect of such breach by the Licensee.
9.6 The Licensee agrees that all personal property kept or stored on the Premises shall be at the sole risk of the Licensee. The Licensee further agrees not to hold Licensor liable in any matter for/or on account of any loss or damage sustained by the action of any third party, fire, water, theft, or the elements or for loss of any articles from any cause, from said Premises or any other part of any associated buildings or common/public areas. Neither shall Licensor be liable for any injury to the Licensee, his or her family, guests, employees, or any person entering the Premises. The Licensee shall be responsible for getting its own insurance (including property and third party insurance) and shall have no claims against the Licensor for any property damages.
9.7 In case of any written government notices being served on the Licensor requiring the Licensor to demolish or reinstate the said premises or any part thereof so as to conform with the original building plan, if such alteration was made by the Licensor the costs of such demolition or construction works shall be borne by the Licensor. If such demolition or construction works shall result in any decrease or alteration in the total floor area of the said premises, the Licensee shall not rely on such decrease or alteration in area to annul or terminate this Licence nor shall any compensation be allowed or paid by the Licensor in respect thereof.
10. No Rights under Contracts for Third Parties
10.1 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Ordinance to enforce any of its terms.
11. Law and Jurisdiction
11.1 This document is governed by and are to be construed in accordance with the laws of applicable therein.
11.3 The parties shall use all reasonable endeavours to resolve any dispute amicably and in good faith. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.
12. Notices and service
12.1 Any notice so served by hand, e-mail or post shall be deemed to have been duly given:
a. in the case of delivery by hand, when delivered;
b. in the case of fax or electronic mail on a Business Day prior to 5.00 pm, at the time of receipt ;
c. in the case of prepaid recorded delivery, special delivery or registered post, at 10am on the second Business Day following the date of posting
provided that in each case where delivery by hand or by e-mail occurs after 5pm on a Business Day or on a day which is not a Business Day, service shall be deemed to occur at 9am on the next following Business Day. References to time in this clause are to local time in the country of the addressee.
12.2 The addresses of the parties for the purpose of clause 12.1 are as follows:
Licensor
Address:
E-mail:
For the attention of:
Licensee Address:
E-mail:
For the attention of:
As witness this Licence has been signed by the duly authorised representatives of the Parties the day and year first before written.
SCHEDULE
FIXTURES, FITTINGS AND EQUIPMENT
