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TRUCK PARKING LEASE AND INDEMNIFICATION AGREEMENT

THIS LEASE AND INDEMNIFICATION AGREEMENT made as of November 30, 2022 between Phillips Buswell LLC d/b/a Florida Truck Parking LLC, 7210 Seminole Drive, Orlando, Florida 32812 (the “Landlord”) and the Tenant (the “Tenant”). 

IN CONSIDERATION of the mutual covenants contained herein, the Landlord and Tenant hereby agree as follows:

1.  Grant. The Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord TBD in the section below parking spaces in the parking lot known as Florida Truck Parking LLC located at 6302 Seminole Drive, Orlando, Florida 32822. The parking spaces leased are to be used by the Tenant for truck parking by the Tenant in its designated space.  

2.  Rent. The Tenant shall pay to the Landlord, during each month of the Term, as rent for the Leased Premises the sum of Three Hundred Twenty Five Dollars and no/100 ($325.00) monthly per leased space for a minimum of three (3) months, (the “Minimum Rent”), in the form of product or cash payment as agreed upon by the parties due on the first (1st) day of the month thereafter. All amounts payable by the Tenant to the Landlord pursuant to this Lease shall be deemed to be Rent and shall be payable and recoverable as Rent in the manner herein provide and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of rent. The Tenant will pay three (3) months minimum rent in advance at the execution of this agreement.

(a)  The term of this Lease shall be for a month-to-month period beginning on the date of execution of this agreement.

3.  Landlord Covenants. The Landlord covenant with the Tenant:

(a) For quite enjoyment of the Leased Premises;

(b) To observe and perform all the covenants and obligations of the Landlord herein; and obligations of the Landlord herein; and

(c) Repairs and Maintenance. The Landlord shall be under obligation to maintain or make repairs to the Premises during the term of this Lease. The Tenant shall maintain and repair any damages caused to the Leased Premises, and return the Leased Premises, in a safe, neat, lawful, clean and sanitary condition after use. 

(d) The undersigned warrants that they have authority to bind the landlord as an authorized owner of the Landlord’s business entity.

(e) Landlord warrants that no other leaseholds are in force affecting this Premises.

4.  Tenant Covenants. The Tenant covenants with the Landlord:

(a) To pay all amounts payable by the Tenant to the Landlord under this Lease.

(b) To observe and perform all the covenants and obligations of the Tenant herein.

(c) To use the Leased Premises primarily for the business of truck parking.

(d) To comply with present and future laws, regulations and orders relating to the occupation or use of the Leased Premises;

(e)  Not to do omit to do or permit to be done anything which will cause or shall have the effect of causing the cause of the Landlord’s insurance in respect of the Leased Premises to be increased at any time during the term or any policy of insurance on relating to the Leased Premises to be subject to cancellation.

(f)  To assume full responsibility for the cleaning and maintenance of the Leased Premises during the Tenants use of the Leased Premises. 

(g) To maintain the Leased Premises and all improvements therein in good order and condition.

(h) Each space will be assigned one (1) gate remote opener that will allow ingress and egress. Failure to return the remote at the end of the lease will result in a Thirty-Five Dollar and no/100 ($35.00) charge for lost/broken remote.

(i) The undersigned warrants that they have authority to bind the Tenant corporation

5.  Alterations by Tenant. The Tenant shall not alter the Leased Premises.

6.  Indemnity. Tenant is aware of the dangers associated in its business operation which could result in liability. Tenant hereby, in consideration of being allowed to use the Landlords Premises: hereby waives, releases and forever discharges Landlord and its officers, agents, representatives, volunteers, executors, and all others from any and all responsibilities or liability for damages resulting from use of its Premises and out of Tenant’s operation at said location. Tenant also hereby releases all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage, including those caused by the negligent act or omission of any of those mentioned or others, acting on their behalf or in any way arising out of or connected with participation of Tenant’s business; Tenant further agrees that Landlord or its agents have made no representations to Tenant of any kind or character concerning the suitability or safety of said Premises, and Tenant assumes full risk and responsibility for any accident which might happen to tenant, or liability for injury to any other person or persons while engaged in Tenant’s business on Premises;

In consideration of the representations made by Tenant and Landlord, Tenant remises, releases, indemnifies and forever discharges, and by this agreement does for itself and its heirs, executors, and administrators; remise, release, and forever discharge Landlord, it’s agents or employees of and from all manner of actions, claims, and causes of actions, suits, reckonings, controversies, damages, claims, and demands, in law or in equity, that Tenant now has or later can or may have or which Tenant’s heirs, agents, executors, or administrators, can, shall, or may have by reason of any matter, cause, or thing, arising out of any matter or thing contained in this agreement or, in pursuance of, or arising out of or in connection with any matter or thing arising out of the Tenant is using the above described Premises. If any person or entity makes a claim against Landlord, Tenant will defend and indemnify Landlord from any such claim and will pay for the cost of said defense including actual attorney fees; and any and all damages or liabilities incurred.

7.  Events of Default. Upon the occurrence of any of the following events (an “Events of Default”):

(a)  All or any part of the Rent hereby reserved is not paid when due; or

(b) The Tenant or any person or corporation bound to perform the obligations of the Tenant hereunder either as guarantor or indemnifier or as one of the parties constituting the Tenant take any steps or suffers any order to be made for its winding-up or other termination of its corporate existence or becomes insolvent or commits an act of bankruptcy or becomes bankrupt, or

(c) The Tenant fails to observe, perform, and keep each and every of the covenants, agreements and conditions herein contained to be observed, performed, and kept by the Tenant.

The Landlord may, at its option, and in addition to and without prejudice to all rights and remedies of the Landlord available to it either by any other provision of this Lease or by statute or the general law upon an event of default:

(i) Be entitled to the full amount of the annual Rent which shall immediately distrain for the same, together with any arrears then unpaid;

(ii) Without notice of any form of legal process to the extent permitted by law, forthwith re-enter upon and take possession of the Leased Premises or any part thereof on behalf of the Tenant or otherwise as the Landlord sees fit;

(iii) Terminate this Lease by providing Tenant five (5) days prior written notice of the termination, and termination shall be without prejudice to the Landlord’s right to damages;

(iv) Re-enter into an upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as the Landlord’s former estate, anything herein contained to the contrary notwithstanding;

(v) The Tenant shall pay to the Landlord forthwith upon demand all expenses of the Landlord in re-entering, terminating, re-letting, collecting sums due or payable by the Tenant all disbursements and the expense of keeping the Leased Premises in good order and preparing the same for re-letting.

8.  No Assignment by Parties. The Parties shall not assign, sublet, pledge or transfer this Lease or any interest therein or in any way part with possession of all or any part of the Leased Premises, or permit all or any part of the Leased Premises to be used or occupied by any other person without the Parties’ prior written consent, which consent may not be unreasonably withheld. 

9.  Surrender. Upon the expiration or other termination of the Term, the Tenant shall immediately quit and surrender possession of the Leased Premises and all leasehold improvements in substantially the condition in which the Tenant is required to maintain the Leased Premises excepting only reasonably wear and tear, and upon surrender, all right, title and interest of the Tenant of the Leased Premises shall cease.

10.  Over Holding. If the Tenant continues to occupy the Leased Premises after the expiration or other termination of the Term without any further written agreement, the Tenant shall be a monthly tenant at a Minimum Rent equal to the expiration or other termination of the Term but subject to all other provision in this Lease.

11.  Entire Agreement. There is no promise, representation or undertaking by or binding upon the Landlord except such as are expressly set forth in this Lease, and this Lease including the Schedules contains the entire agreement between the parties hereto.

12.  Notice. Any notice required or contemplated by any provision of this Lease shall be given in writing and shall be sufficiently given if mailed by registered mail or delivered or if sent by telecopy or similar form of immediate transmission and if to the Landlord, delivered to the address set out on page 1 and if to be the Tenant, personally (or to a member or officer of the Tenant if a Tenant is a LLC or corporation) or delivered to the Leased Premises (whether or not the Tenant has departed from, vacated or abandoned the same). Any notice shall be deemed to have been received five postal delivery days after the date of mailing or on the day following the date of delivery or sending. If it is reasonably anticipated that mail service may be disrupted, notice must be delivered or sent by a telecopy or other form of immediate transmission.

13.  Governing Law. This Lease shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Florida.

14.  Amendment or Modification. No amendment, modification or supplement to this Lease shall be valid or binding unless set out in writing and executed by the Landlord and the Tenant.

15.  Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulation, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay.

16.  Severability. All of the provisions of the Lease are to be construed as covenants and agreement. If any provision of this Lease is illegal or unenforceable, it shall be considered separate and sever able from the remaining provisions of this Lease, which shall remain in force and be binding as thought the provision had never been included.

17.  Time of the Essence. Time shall be of the essence hereof.

18.  Successors and Assigns. This Lease shall ensure to the benefit of and be binding upon the successors and assigns of the Landlord and the heirs, executors and administrators and the permitted successors and assigns of the Tenant.

 

The Landlord and the Tenant have executed this Lease as of the date first set above.

Landlord:

Phillips Buswell LLC,

d/b/a Florida Truck Parking LLC     

By:                      

Troy A. Buswell, Member



First Tenant Name

First Name*

Last Name*

Phone*
First Tenant Date of Birth*
First Tenant Signature*
Second Tenant Name

First Name*

Last Name*
Second Tenant Date of Birth*
Third Tenant Name

First Name*

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Third Tenant Date of Birth*
Fourth Tenant Name

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Fourth Tenant Date of Birth*
Fifth Tenant Name

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Last Name*
Fifth Tenant Date of Birth*
Sixth Tenant Name

First Name*

Last Name*
Sixth Tenant Date of Birth*
Seventh Tenant Name

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Last Name*
Seventh Tenant Date of Birth*
Eighth Tenant Name

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Eighth Tenant Date of Birth*
Ninth Tenant Name

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Ninth Tenant Date of Birth*
Tenth Tenant Name

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Last Name*
Tenth Tenant Date of Birth*
Parent or Guardian's Email Address

Email*

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Additional Information

# of Parking Spaces Leased
Emergency Contact

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Insurance

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Driver's License / ID Card Number*

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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