MONTHLY PARKING AGREEMENT

 

TERMS AND CONDITIONS OF USE

 

By registering for monthly parking in person or on the 717parking.permitpoint.com or www.717Parking.com website (the “Online Account”) You hereby agree to be bound by the following terms and conditions of this Monthly Parking Agreement (the “Agreement”):

 

ARTICLE 1 – PARTIES, PARKING LOCATION, PARKING PERMIT AND PARKING OPTIONS

• Unless context otherwise dictates, when used herein, the following terms shall have the meanings set forth below:

 

  “You” or “Your” means the account holder identified in Step 1 of the account registration and set-up process.  
   
  “717” means Seven One Seven Parking Services, Inc., a Florida corporation.   

 

• As part of Step 2 of the account registration and set-up process, You selected a desired parking lot and space, as applicable (herein, the “Parking Location”) to which You are being granted the privilege and a limited Permit to use, subject to and upon the terms and conditions of this Agreement

 

• Upon completion of Steps 1 and 2 of the account registration and set-up process and the payment of an initial one-time, non-refundable $5.00 activation fee (the “Activation Fee”), 717 will require You to input your accurate vehicle information, including valid License Plate Number, to be used as Your virtual permit (the “Virtual Permit”) within Your Online Account or 717 will issue You a physical parking permit in the form of a non-static sticker (the “Parking Permit”) which must be visibly displayed in Your vehicle at all times during which it is parked at the Parking Location.

 

• As part of Step 2 of the account registration and set-up process You have selected one of the following parking options, which defines the scope and limit of Your rights with respect to the Parking Location:

Unreserved Monthly Parking:

 

Parking is permitted in the designated Parking Location only, with a properly issued, fully paid and valid 717 Virtual Permit or Parking Permit, on a first come, non-reserved basis during the hours of 6:00 AM to 6:00 PM weekdays (i.e. Monday through Friday), excluding, however, parking for special events and certain blackout dates throughout the year (as more particularly described hereinbelow). If Your vehicle remains parked or otherwise enters the designated Parking Location at any time other than the authorized use hours (including use prior to 6:00 AM weekdays, subsequent to 6:00 PM weekdays or during special events or blackout dates), You will be charged and required to pay the posted parking rate for the Parking Location during such period of time and/or be subject to a written citation, vehicle immobilization and/or towing at Your expense (all as determined in the sole discretion of 717).  
 

Reserved Monthly Parking:

 

Parking is permitted in the designated Parking Location AND in the assigned space only, with a properly issued, fully paid and valid Virtual Permit or Parking Permit during the hours of 6:00 AM to 6:00 PM weekdays (i.e. Monday through Friday), excluding, however, parking for special events and certain blackout dates throughout the year (as more particularly described hereinbelow). 717 shall apply an initial non-refundable one-time fee in the amount of $80.00 per space for Reserved Monthly Parking to offset costs associated with the reserved parking sign, equipment and installation. If Your vehicle is parked in a space other than Your assigned space or if Your vehicle remains parked or otherwise enters the designated Parking Location at any time other than the authorized use hours (including use prior to 6:00 AM weekdays, subsequent to 6:00 PM weekdays or during special events or blackout dates), You will be charged and required to pay the posted parking rate for the Parking Location during such period of time and/or be subject to a written citation, vehicle immobilization and/or towing at Your expense (all as determined in the sole discretion of 717).  
 

Unlimited Monthly Parking:

 

Parking is permitted in the designated Parking Location with a properly issued, fully paid and valid Virtual Permit or Parking Permit twenty-four hours per day, seven days per week, excluding parking for special events and certain blackout dates throughout the year (as more particularly described hereinbelow). If Your vehicle remains parked or otherwise enters the designated Parking Location during special events or blackout dates You will be charged and required to pay the posted parking rate for the Parking Location during such period of time and/or be subject to a written citation, vehicle immobilization and/or towing at Your expense (all as determined at the sole discretion of 717).

 

ARTICLE 2 – GRANT OF PERMIT, TERM OF AGREEMENT

• For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 717 hereby grants You a non-exclusive, revocable Permit and right to use one parking space at the Parking Location (the “Permit”), subject to and upon the terms and conditions hereinafter set forth. This Agreement constitutes a limited license agreement and does not create a bailment relationship between You and 717 nor are You granted a leasehold interest in and/or title to the Parking Location.

 

• This Agreement and the Permit rights granted hereunder constitute a monthly contract, which automatically renews as of 11:59 PM on the last day of each successive calendar month, unless this Agreement is otherwise properly terminated in the manner set forth in Article 10 below.

 

• ALL SALES HEREUNDER ARE CONSIDERED FINAL WHEN MADE AND NO REFUNDS WILL BE GIVEN FOR ANY UNUSED PORTIONS OF A MONTH.

ARTICLE 3 – LIMITATION OF LIABILITY

• Your vehicle should be locked at all times during which it is parked at the Parking Location and any personal belongings left in Your vehicle should be stowed in the trunk, glove box or otherwise out of view.

 

• 717 does not guard or assume the care, custody or control of You, Your vehicle and/or its contents when parked at the Parking Location and 717 specifically disclaims, to the maximum extent permitted by law, any and all liability and/or responsibility for fire, theft, damage to or loss thereof.

 

• You agree to fully assume all risk of loss and/or damage of whatsoever kind and/or nature, incurred, accruing, arising out of or in connection with, directly or indirectly, Your exercise (negligent or otherwise) and enjoyment of the rights and privileges granted herein and further hold 717 harmless therefrom.

 

• You agree to look solely to Your insurance coverage, if any, with respect to any damages or losses suffered or incurred in connection herewith, and hereby waive any right to make a claim against 717, its directors, officers, shareholders, employees, agents, attorneys and/or their successors and assigns.

 

• The agreements and waivers contained in this Article 3 constitute a material term and condition of this Agreement and 717 would not have entered into this Agreement with You but for the inclusion of the same.

ARTICLE 4 – MONTHLY PARKING RATE AND OTHER CHARGES

• Permits hereunder are granted on the basis of a full calendar month only. 717 WILL MAKE No exemptions TO THE FOREGOING (i.e. vacation, sick leave, maternity leave, etc.) and NO REFUNDS WILL BE GIVEN FOR ANY UNUSED PORTIONS OF A MONTH.

 

• You agree to pay 717 the fixed monthly rate designated for the Parking Location, from time to time hereunder by 717, plus applicable sales tax, for and in consideration of the Permit and rights granted by 717 to You by and pursuant to this Agreement.

 

• Payment, in full, is due on the 15th calendar day of each preceding calendar month for the succeeding calendar month period. Any payment received after the 15th day of the calendar month in which it is due, You will be assessed a charge equal to $15.00 for any dishonored payment (declined credit card/debit card payment) or late fee, to offset administrative costs and expense of 717 in handling dishonored or delinquent payments. In addition, you will be responsible for reimbursing and paying 717 for any dishonored payment fees assessed by its financial institution.

 

• Your parking privileges and Permit will be automatically terminated by 717 if You do not pay all amounts due and owing, or on account of a dishonored payment, on or by the 3^rd business day following the 15th day of the calendar month in which they became due. Termination of Your parking privileges and Permit by 717 pursuant to the terms shall have no effect on Your liability to 717 for all unpaid amounts due and/or accrued hereunder.

 

• 717 may, in its sole and absolute discretion, elect to either accept or reject partial payments. Acceptance of a partial payment shall in no way prejudice 717’s rights hereunder to collect the entire amount due from You, including, without limitation, any late fees, reinstatement fees, attorney’s fees and collection costs.

 

• If Your vehicle is parked in the Parking Location after the 3rd business day following the 15th of the month, without payment to 717 of all charges and/or amounts due hereunder for such month, You will be charged and required to pay the posted parking rate for the Parking Location during such period of time and/or be subject to a written citation, vehicle immobilization and/or towing at Your expense (all as determined in the sole discretion of 717).

 

• Your parking privileges and Permit may be reinstated, in the sole discretion of 717, only upon the payment of a $25.00 reinstatement fee together with any and all other charges and amounts accrued and due hereunder (including, without limitation, dishonored payment fee and an amount equal to posted parking rate for the Parking Location for each day that You would have been entitled to park thereat for the period of time between the 1st business day of the month through and including the day on which all charges and amounts due hereunder are paid, in full). 717 reserves the right to refuse or decline to reinstate Your parking privileges and Permit in the event that You have more than one late payment in any 12 month period.

 

• 717 reserves the right to increase or decrease, from time to time hereunder, the monthly parking rate or fees for the Parking Location, upon giving not less than 30 days’ advance written notice thereof. 717 will either conspicuously post such notice at the parking lot or parking facilities, place a notice on Your vehicle or deliver such notice to You via electronic mail or U.S. mail at the address provided by You as part of Step 1 of the account registration and set-up process.

ARTICLE 5 – PAYMENT OPTIONS

• As part of Step 2 of the account registration and set-up process You have selected one of the following payment options, pursuant to which You have agreed to pay all amounts due and owing to 717 hereunder:

Credit Card or Debit Card:

 
You agree to pay all charges via the 717parking.permitpoint.com or www.717parking.com website using a valid credit card or debit card (Visa or MasterCard only) or via Electronic Funds Transfer (EFT). In making such election You acknowledge that 717 will assess a non-refundable $1.00 handling fee per transaction, together with a $4.00 processing fee per transaction. Accordingly, You hereby authorize 717 to process payment of and charge Your credit card, debit card or bank account, on the 15th calendar day of each preceding calendar month for the succeeding calendar month period during the term of this Agreement, the applicable fixed monthly rate, the handling fee, the processing fee and sales tax thereon. The foregoing authorization shall be irrevocable during the term of this Agreement and 717 will continue to process this charge until this Agreement is properly terminated in accordance with Article 10 below. If You have any questions regarding any monthly recurring transaction charges, please contact 717 at monthlyparking@717parking.com.  
 

ARTICLE 6 – VIRTUAL PERMIT OR PARKING PERMITS, USE AND REPLACEMENT

• Upon completion of Steps 1 and 2 of the registration and set-up process of Your Online Account, and payment of the Activation Fee, 717 will require you to input your accurate vehicle information, including valid License Plate Number, within your Online Account to be utilized as your Virtual Permit or 717 will issue You a Parking Permit. 

 

• If applicable, a properly issued, fully paid and valid Parking Permit must be displayed and clearly visible (on the driver’s side corner of the windshield, face-up or hung from the rear view mirror facing-out) at all times during which Your vehicle is parked at the Parking Location. If a properly issued fully paid and valid Parking Permit is not properly displayed on Your vehicle or You do not have accurate and valid vehicle information within Your Online Account as Your Virtual Permit, You will be charged and required to pay the daily applicable rate and/or be subject to a written citation, vehicle immobilization and/or towing at Your expense (all as determined at the sole discretion of 717).

 

• Your Virtual Permit or Parking Permit is valid for and may only be used by You at Your Parking Location for the vehicle or vehicles that You registered as part of Step 2 of the account registration and set-up process AND FOR NO OTHER VEHICLES, unless updated within Your Online Account. You may not transfer, assign or sell Your Virtual Permit or Parking Permit (whether on a temporary or permanent basis) to any other person under any circumstances whatsoever. Multiple vehicles may be registered with respect to a Virtual Permit or Parking Permit; however, only 1 vehicle may be attached to your Virtual Permit or Parking Permit and be parked at the Parking Location at any given time. You are expressly prohibited from using Your Virtual Permit or Parking Permit for any vehicle that is not registered by You within Your Online Account and should 717 determine that Your Virtual Permit or Parking Permit is being used by a vehicle other than the vehicle(s) registered by You pursuant to this Agreement, You will be charged and required to pay the posted parking rate for the Parking Location during such period of time and/or be subject to a written citation, vehicle immobilization and/or towing at Your expense (all as determined in the sole discretion of 717). In the event of a repeat violation, 717 may, in addition to any and all other rights and/or remedies that it may have hereunder, immediately terminate Your parking privileges and Permit without further warning or recourse to You.

 

• You are responsible for notifying 717 of any updates or changes to the vehicles registered pursuant to this Agreement (including year, make, model, and license plate number) by updating your vehicle(s) information within Your Online Account at any time prior to parking in Your Parking Location.

 

• If applicable, if Your Parking Permit is lost or stolen, You must immediately notify 717. A minimum replacement fee of $25.00 (or 50% of the monthly fee, whichever is greater) will be charged to You prior to 717 issuing a replacement Parking Permit. If You park Your vehicle at the Parking Location prior to obtaining a replacement Parking Permit, You will be charged and required to pay the posted parking rate for the Parking Location during such period of time and/or be subject to a written citation, vehicle immobilization and/or towing at Your expense (all as determined in the sole discretion of 717). In the event of Your Parking Permit is lost or stolen more than once during any given calendar year, 717 may, in addition to any and all other rights and/or remedies that it may have hereunder, immediately terminate Your parking privileges and Permit without further warning or recourse to You.

ARTICLE 7 – GENERAL PARKING TERMS AND CONDITIONS

• You agree to comply with all rules and regulations promulgated, from time to time, by 717 with respect to Your Parking Location. 717 shall conspicuously post such rules and regulations at the parking lot or parking facility or will make them available at 717parking.permitpoint.com or 717parking.com.

 

• You agree to park at Your designated Parking Location only during those hours and those days on which You are entitled to do so.

 

• You agree to park Your vehicle within the lines delineating the parking spaces at Your Parking Location and further understand and agree that under no circumstances shall Your vehicle be parked in a “no parking zone”, median, entrance/exit, drive aisle, alley, sidewalk, landscaped area and/or other areas upon or about the Parking Location that is not intended for the parking of vehicles. Any vehicle parked in violation of the foregoing shall be subject to a written citation, vehicle immobilization and/or towing at the owner’s expense (all as determined at the sole discretion of 717).

 

• Outside vendors (other than affiliates of 717) are prohibited from performing services on Your vehicle while it is parked at the Parking Location.

 

• You are responsible for reporting any damage that Your vehicle causes to the Parking Location, including, without limitation, the leaking of oil, gas, antifreeze or other fluids. If Your vehicle is determined to be leaking fluids, 717 may remove the same at Your cost and expense and until the necessary repairs are made.

 

• If You have a non-reserved parking space, 717 does not guaranty of the availability of a parking space at Your Parking Location at all times; however, in appropriate circumstances, 717 will endeavor to relocate You to another of 717’s parking lots or parking facilities for the period of time that Your Parking Location is unavailable.

 

• Unless You selected the Unlimited Monthly Parking option, You vehicle may not be parked at Your Parking Location overnight and any vehicle remaining for more than 48 continuous hours may, in 717’s sole discretion, be deemed and considered abandoned. An abandoned vehicle may be removed by 717 and/or a designated towing service without further notice to the owner thereof, and all charges incurred or assessed in connection therewith shall be the sole responsibility of the owner of the abandoned vehicle.

 

• In any and all events, neither 717 nor any other party participating in the removal of a vehicle from any parking lot or parking facility (as authorized hereunder) shall have any liability to the owner of such vehicle in connection with such removal, including, without limitation, any claims for damage to the vehicle and/or loss of any contents or personal belongings.

ARTICLE 8 – BLACKOUT DATES AND SPECIAL EVENTS

• 717 reserves the right to subject the Parking Location to certain “blackout” dates throughout the term of this Agreement in connection with major local events/special events (including, but not limited to, sporting events, concerts, conventions, parades, etc.) during which no monthly parking will be permitted at the Parking Location and You will be charged or required to pay the posted parking rate in effect for the Parking Location on such date. Blackout dates will be posted at the Parking Location and notices will be placed on vehicles in advance of any planned blackout date(s). During the blackout date(s), 717 may (but shall not be required) elect, at its sole discretion, to relocate You to another parking lot or parking facility owned and/or operated by 717; however, failure to do so shall not constitute a breach or default under this Agreement nor shall the same entitle You to a proration or refund of all or any portion of the fixed monthly rate and/or any other fees or charges paid by You to 717 hereunder. Any unauthorized vehicles parked at the Parking Locations during a blackout date will be towed at the sole cost and expense of the owner of such vehicle.

ARTICLE 9 – DEFAULT

• The occurrence of any one or more of the following events shall constitute a default hereunder: (i) You fail to pay the fixed monthly parking rate or any other sums due and payable to 717 by, pursuant or under this Agreement on the date on which such payment is due; or (ii) You fail to observe and comply with the terms and conditions of this Agreement and/or the rules and regulations posted at the Parking Location or otherwise breach any other covenant or term of this Agreement.

 

• Upon Your default hereunder, 717 may, at its sole discretion and in addition to any other rights and/or remedies it may have, whether in contract, at law or in equity, elect to immediately terminate Your parking privileges and Permit without further warning or recourse to You.

ARTICLE 10 – TERMINATION

• In addition to 717’s rights to immediately terminate this Agreement and Your parking privileges and Permit in the event of a default hereunder, this Agreement may be terminated, without cause, by either You or 717, effective as of the last day of a calendar month upon delivering not less than 30 days’ prior written notice to the other party.. Notices MUST be delivered either: (i) via email (monthlyparking@717parking.com) with telephonic follow-up confirmation, through Your Online Account or (ii) by certified mail (to 1523 N Franklin St Tampa, FL 33602).

 

• Irrespective of any stated date contained in a termination notice and/or the date on which it is received, the effective date of termination shall be on the last day of the calendar month that is not less than 30 days after the date on which the written termination notice is delivered, and You shall be responsible for the payment, in full, of the fixed monthly parking rate, handling fee, processing fee and sales tax through and including such last day of the termination month.

 

• Under no circumstances shall 717 be obligated to prorate, credit OR REBATE all or any portion of the monthly parking fee, HANDLNG FEE, PROCESSING fee and/or applicable sales tax for the termination month.

 

• If applicable, regardless of whether You or 717 exercises their termination rights hereunder, You shall remain responsible and liable for the payment of the fixed monthly parking rate, handling fee, processing fee and applicable sales tax (even beyond the termination month and without any proration and/or credit) until You return and surrender Your Parking Permit to 717’s corporate office at 1523 N. Franklin Street, Tampa, FL 33602. You acknowledge and agree that, until Your Parking Permit is returned and surrendered, 717 can and may incur monetary damages as a result of the display and use of Your Parking Permit without the payment of parking fees, and that 717’s damages in such an event would be difficult, if not impossible to ascertain with any degree of certainty. The foregoing notwithstanding 717 agrees to limit its liquidated damages to any amount equal to 3 times the fixed monthly parking rate, handling fee, processing fee and applicable sales tax, which amount shall be due upon termination and may be charged by 717 to Your debit/credit card or bank account after receipt of Your termination notice if and only if You are unable to timely return Your Parking Permit as aforesaid.

 

• Employees at the parking facility are not authorized to accept a termination notice on behalf of 717 nor are they authorized to accept the return and surrender of Your Parking Permit, and 717 will not be deemed to have accepted any written termination notice purportedly given or received Your Parking Permit, even if personally delivered to and acknowledged by them.

 

• Acts of God (including, without limitation, fires, explosions, earthquakes, drought, hurricanes, tornados, tidal waves and floods), acts of war, hostilities, terrorism and/or other causes of force majeure can, in the sole discretion of 717, result in the immediate termination of this Agreement by 717, without any compensation in service or monies to You (including, without limitation, the credit, proration or refund of all or any portion of the fixed monthly parking rate, handling fee, convenience fee and/or applicable sales tax paid).

ARTICLE 11 – CONSUMER PRIVACY

 

• For purposes hereof, Your “Personal Information” shall be deemed to consist of the following: (i) Your name; (ii) Your mailing address and email address; (iii) Your credit/debit card or bank account number (if provided); (iv) Your vehicle make, model and license plate number; and (v) Your personal account identifiers such as a customer number, log-in or password.

 

• You herby consent to the collection and use of Your Personal Information by 717 and its authorized agents, for the purpose of facilitating parking transactions with You and to allow 717 to verify Your identity and to contact and communicate with You.

 

• You hereby consent and agree to 717’s disclosure of Your Personal Information to our agents and subcontractors who provide services relating to the servicing and management of Your account, including, but not limited to, delivery of communications, preparation of statements, collection and processing payments and/or to others as may be permitted or required by applicable law. 717 confirms that all such agents have or shall have agreed to comply with applicable privacy laws and to protect and maintain the confidentiality of Your Personal Information. You further consent to 717’s disclosure of Your name, address, telephone number, and Virtual Permit or Parking Permit information to the owner or any subsequent operator of the Parking Location.

 

• 717 does not sell any information to third parties and will only share information with third parties for the purposes of fulfillment of this Agreement.

ARTICLE 12 – MISCELLANEOUS

• 717 reserves the right to waive enforcement of any of the terms and conditions set forth herein, from time to time, in 717’s sole and absolute discretion. Any such waiver in one instance shall not be construed as a general waiver or a waiver of the same term in any other instance or circumstance.

 

• The terms and conditions of this Agreement are subject to change, from time to time, in 717’s sole and absolute discretion. A current version thereof can be accessed at permitpoint.com or by requesting the same via email at monthlyparking@717parking.com.

 

• You are responsible for and You hereby agree to pay any and all costs and expense incurred by 717 (including, without limitation, attorney’s fees and court costs) as a result of any dispute involving this Agreement in which 717 prevails and/or the collection of any amounts due and owing from You by and pursuant to the terms and conditions hereof.

 

• This Agreement shall be interpreted, governed and construed in accordance with the laws of the State of Florida, without regard to its internal conflicts of laws principals. Venue for any litigation arising out of or in connection with this Agreement shall be proper in any appropriate State or Federal court located in Hillsborough County, Florida.

 

• This Agreement may be amended only by written instrument signed by both You and the president or vice president of 717. You acknowledge and agree that neither managers, cashiers nor attendants at the Parking Location and/or any other parking lots or parking facilities owned and/or operated by 717 are authorized to make changes, exceptions or amendments in any manner, to this Agreement or to the rules and regulations posted at any parking lot or parking facility.

 

• This Agreement represents the entire Agreement between You and 717 with respect to the subject matter contained herein. This Agreement supersedes and replaces all prior negotiations, representations or understandings between You and 717, whether written or oral.

 

END OF TERMS AND CONDITIONS

 

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