BREE Properties, LLC

TRAILER PARKING AND STORAGE LICENSE

BREE properties, LLC manages the property at 610 Wayne Park Drive, Cincinnati, OH 45215. If you are interested in semi-trailer parking, please complete, and submit the information below and someone will be in touch with you within two business days. Parking spots start at $150/month.

Fill out my online form.

License Agreement: In consideration of the covenants set forth herein, BREE Properties, LLC, an Ohio limited liability company(hereinafter called the “Company”), as of ________________, 202_ (hereinafter called the “Effective Date”) hereby licenses to __________________________________________ (hereinafter called the “Licensee”), to park or store the motor vehicle described in this License, (hereinafter referred to as “Vehicle”) within parking space #_________ (hereinafter referred to as “Licensed Area”) on Company’s premises described herein (“Premises”); all on the terms and conditions set forth in this license.
Term: The term of this License shall begin on the Effective Date and shall automatically terminate one year after the Effective Date without further act of Company or Licensee; provided, however, that Company and Licensee may terminate this License at any time by not less than sixty (60) days’ prior written notice to the other party, such termination to be effective as of the date specified in the notice.
Payments: Company shall invoice Licensee from time to time for the charges due hereunder, generally on the 1^st of the month. The License fee shall be $_____________ per month during the Term. If an invoice is not paid within ten (10) days from the date of the invoice, a one-time late charge of five (5%) percent will be added. Amounts which are unpaid after thirty (30) days after date of invoice shall bear interest at the lesser of: (a) the maximum allowed by law, or (b) one and one half (1 ½%) percent per month. In the event Company deems it necessary to institute legal action to enforce any term or condition hereof, Licensee agrees to pay Company’s legal fees and cost of litigation.
No Agency; Form of Agreement: This transaction is a license and not a lease, rental agreement, sale, or other form of agreement and the Licensee acquires no leasehold interest, right of occupation, or ownership interest, in the Premises by entering into this License, the paying of rent or other charges pursuant hereto or otherwise. The rights of Licensee are personal, non-assignable and revocable by Company.
Use by Licensee, Compliance with Law: Licensee shall use the Licensed Area to park the Vehicle and for no other purpose whatsoever. Licensee is prohibited from performing maintenance or repairs on Vehicles in the Licensed Area and must keep the Licensed Area clean and orderly, above a daily Preventative Maintenance and topping off fluids. Licensee covenants and agrees that the Vehicle is not in violation of any law governing the use thereof, or in violation of any of the other terms and conditions set forth herein. Licensee expressly agrees that the Vehicle does not and is not: (c) used for any illegal purposes; and (d) contain any: hazardous substance or other hazardous material, trash, rubbish, medical equipment, pharmaceuticals, food products or food by-products, explosives, fertilizers, contraband, weapons, organic chemicals or organic waste products, living organisms of any type, or petroleum derivatives. “Hazardous Substance” means any substance or waste containing hazardous substances, pollutants or contaminates as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 96C1 et seq., and any other substance similarly defined or identified in any other federal, state or local laws, rules or regulations governing the manufacture, import, use, handling, storage, processing, release or disposal of substances or wastes deemed hazardous, toxic, dangerous or injurious to public health or to the environment.
Location of Vehicle: Licensee agrees that Company may locate or relocate the Vehicle at any time and from time to time from the Licensed Area to any part of the Premises without notice to Licensee and with notice to Licensee to other premises of Company within a fifty (50) mile radius of the Premises; all in the sole discretion of Company. Company will designate the Licensed Area. If Licensee is working outside of its Licensed Area, the Company may find Licensee in default of this License.
Contents: “Contents” shall mean the contents of the Vehicle including all property contained therein, thereon or attached thereto and its packaging, ballast and residue and any other property stored by Licensee in the Licensed Area. Licensee shall at all times know what the Contents consist of and provide to Company upon request, from time to time, a detailed inventory of the contents which inventory shall include the quantity, type, value and description of any contents.
Abandonment: Any Vehicle that is not moved from the Licensed Area for a period of fourteen (14) consecutive days without license payment shall be deemed abandoned and Company. At Company’s discretion, Vehicle will be towed and impounded. Court orders will be applied for in order to gain ownership of the abandoned Vehicles. Once this procedure starts, the costs of said action will be the sole responsibility of Licensee. Once the Court Order papers are signed and finalized by the Judge, the Vehicle will no longer be the property of the Licensee.
Insurance: Licensee shall procure, at its sole cost and expense, comprehensive and public liability and property damage insurance with limits of not less than $1,000,000 per injury (including death) and $300,000 property damage, such policy to name Company as additional named insured, and certificate of such insurance and copy of such policy shall be provided to Company upon request at any time and from time to time. If Licensee shall fail to provide proof of such insurance coverage at any time, Company shall have the right, but be under no obligation, to obtain any amount of insurance coverage up to the limits required hereunder and to be repaid by Licensee immediately upon demand with interest thereon at the rate of 1 ½% per month.
Title to Contents; Security Interests: Licensee warrants and represents that: (a) Except as noted herein or in any other agreement between Company and Licensee (“Other Agreement”), Licensee has good and marketable title to the Vehicle and the Contents in fee simple, (b) neither the Vehicle or any of the contents are subject to any security interests, lien, chattel mortgage or other encumbrance created by, through, or under Licensee. Licensee hereby grants a security interest in the Vehicle and the Contents in favor of Company to secure all sums which are or may become due to Company under this License or any Other Agreement. Upon request, Licensee shall execute and deliver any document reasonably requested by Company to evidence this security interests including, without limitation, UCC forms. Should Licensee refuse to execute and/or deliver any such UCC forms, Licensee hereby appoints Company as Licensee’s attorney in fact, coupled with an interest, to execute deliver, and file and such UCC forms.
Allocation of Risk; Indemnity; Waiver of Subrogation: It is agreed that the Company is not responsible for any loss, claim, liability, cost or expense, including attorney’s fees and costs of litigation that Licensee may have against the Company. Licensee agrees to indemnify Company and hold it harmless from any loss, claim, liability, cost or expense, including reasonable attorney’s fees and costs of litigation, arising out of or in connection with any and all injuries sustained by Licensee, its drivers or its invitees while on the Premises, or damage to the Vehicle and/or the Contents, whether caused by Company or any other person or thing. This obligation of indemnity is intended, inter alia, to constitute a contractual modification of the obligations of Company and Licensee. Licensee is solely responsible to keep in force all liability insurance coverages and Vehicle insurance on their respective property sufficient to cover the full replacement cost thereof, and Licensee, on its own behalf and on the behalf of its respective insurance carriers, waives any and all rights to subrogation as to claim which is or could be covered by property, casualty and/or liability insurance, including, without limitation, any loss occasioned by the acts including the negligent acts of Company.
License Fee and Other Charges: Licensee expressly agrees to pay the Company on demand: (a) charges applicable to this license at the rates or in the amounts specified herein; (b) the amount of all damages to the Licensed Area and Premises caused by Licensee, and/or Licensee’s agents, invitees and employees, the Vehicle or the Contents of the Vehicle.
Default: If Licensee fails to pay any fee or other amount herein provided within ten (10) days after the same is due and payable, or if Licensee fails to observe, keep or perform any other provisions of this License required to be observed, kept or performed by Licensee or abandons its Vehicle as set forth in Section 7 herein , Company shall have the right without any notice to Licensee to exercise any one or more of the following remedies: (a) to declare the entire amount to be paid hereunder immediately due and payable without notice or demand to Licensee; (b) to sue for and recover all fees, and other payments, then accrued or thereafter accruing; (c) to take possession of the Vehicle and/or the Contents without demand or notice, wherever same may be located, without any court order or other process of law; (d) the Vehicle may be towed and impounded and Company may take all legal steps necessary to acquire title to the Vehicle and sell or lease it; and . Licensee hereby waives any and all damages occasioned by Company’s taking of possession of the Vehicle and its Contents and authorizes Company to enter upon any real property where the Vehicle is stored or being used free from any claim of damage to the real or personal property or trespass. Any taking of possession shall not constitute a termination of this License unless Company expressly so notifies Licensee in writing.
Surrender: At the expiration or other termination of this License, Licensee shall immediately yield up and deliver possession of the Licensed Area in good order and repair, ordinary wear and tear excepted.
Assignment Insolvency: Licensee agrees that it will not, without the prior written consent of Company (which consent may be unreasonably withheld), assign, transfer, pledge or hypothecate this License or any of its rights hereunder. Any purported assignment, transfer, pledge, hypothecation, or sublicense in violation hereof shall be void and of no force and effect. If any proceeding under bankruptcy law is commenced by or against the Licensee, or if the Licensee is adjudged insolvent, or if the licensee makes any assignment for the benefit of his creditors or if a writ of attachment or execution is levied on the Vehicle or the Contents and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which a Licensee is a party with authority to take possession or control of the Vehicle or the Contents, Company shall have and may exercise any one or more of the remedies set forth in section (13) hereof and this License shall, at the option of Company, without notice, immediately terminate and shall not be treated as an asset of Licensee after the excercise of said option.
Disposal of Contents: In the event the Vehicle contains Contents at the time possession is taken by Company, and Company does not exercise its rights as a secured creditor of Licensee, the Licensee shall have 30 days from the date of such recovery (without any obligation on the part of Company to notify the Licensee) to recover possession thereof at Licensee’s expense, after which time company may offer such property for sale at private or public sale and apply the proceeds of such sale to any indebtedness of the Licensee to the Company.
Damage to Vehicle: Licensee assumes full responsibility for any damage to or destruction of the vehicle by any cause whatsoever during the term hereof including, without limitation, accident, collision or casualty, fire, explosion, theft, mischief, vandalism, flood, snow and ice, hail, wind, storm, earthquake, or lightning.
Waivers: Company may waive any past default hereunder and any term, covenant or condition of this license but no such waiver shall extend to or affect default or any term, covenant or condition not waived or impair any right consequent thereon, and waiver in one instance shall not constitute a wavier as to any other instance.
Notices: Any written notice, demand or waiver under this License shall be given to a party at its or his or her address set forth herein or at such other address as the party may provide from time to time. Notice or demand shall be effective when deposited in the United States mail, duly addressed with postage prepaid.
Governing Law and Venue: This License shall be governed by and constructed in accordance with the laws of the state of Ohio. The captions are for the convenience only and do not define or limit any of the terms of provisions hereof. Company and Licensee agree that this License shall be enforceable in Cincinnati, Ohio; and that if legal action is necessary to enforce this contract, exclusive venue shall lie in Hamilton County, Ohio.
Entire Agreement: This instrument constitutes the entire agreement between Company and Licensee as to the subject matter, and this License can be modified only by a written addendum executed by both parties.
Counterparts: This License may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts shall together constitute one and the same instrument. Facsimile signature pages and/or signature pages in .pdf or other electronic format shall have the same force and effect as original signatures. A fully executed counterpart retained in an electronic format shall be deemed admissible in Court as though an original document.
Severability: If any term or provision hereof, or the application thereof to any person or circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this License or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall be unaffected thereby; and each term, covenant, condition and provision hereof shall be valid and be enforced to the fullest extent permitted by law.