Yuba Sutter Truck Park

The amount which Licensee must pay to Licensor is $200.00 (USD) per Month, per space, per vehicle.
Prices effective 8-1-2023

1. LICENSE TO PARK:
This agreement is between Yuba Sutter Truck Parking, LLC (Licensor) and the above-named Licensee. Licensee is hereby granted a (_________monthly; ___________3-month; ___________6-month) license to a single reserved parking space, per vehicle, per month, for the period selected upon the terms of this agreement which shall renew automatically for successive similar calendar month periods until revoked, terminated or cancelled as set forth hereinafter. This agreement is on a per vehicle, per space, per month basis. The license hereunder shall run from the 1st day of the calendar month to the last day of the calendar month (Example: January 1 – January 31). The amount which Licensee must pay to Licensor is $ __________ per Month, per space, per vehicle. Only 1 vehicle and trailer attached thereto may be parked per space. Renewals of this Agreement shall occur automatically unless cancelled by Licensee upon at least Fourteen (14) calendar days prior written notice delivered to Licensor or unless otherwise cancelled by Licensor as set forth hereinafter. Failure to deliver written notice of cancellation by email, fax or personal delivery to Licensor more than said Fourteen (14) calendar days prior to the end of the term shall result in automatic renewal for the next term and responsibility for payment of such successive month’s charges. (Example: In order to cancel this agreement prior to becoming responsible for payment for the month of July, Licensee should deliver Notice of Cancellation to Licensor not later than the close of business of June 16 – 14 days beforehand.) Failure to deliver Notice of Cancellation as required will result in Licensee being charged for the next successive term regardless of whether Licensee ultimately parks and vehicle(s) at Yuba Sutter Truck Park.Licensor grants a license to Licensee to use and occupy only the Parking Space(s) designated in this agreement and only for the vehicle(s) identified in this agreement. Licensee is not a tenant of the Licensor and has not been granted exclusive possession of any particular or designated Parking Space, but has simply been issued a license to park Licensee’s vehicle in the designated space each time Licensee arrives at the Premises. Licensee shall be permitted to park ONE (1) personal vehicle in the reserved parking space while Licensee’s truck and trailer are on the road. Said personal vehicle must be in working order and is intended to be the personal vehicle by which Licensee goes to and from the Premises when not operating Licensee’s semi-truck and trailer. Licensee must use caution when driving and parking and must use parking brakes when parked. Licensee is hereby granted a license to park in marked space No._____________.

2. PAYMENT:
Concurrent with the submission of this completed Agreement, Licensee must fill out and submit the attached Lakeview Energy Services Credit Application and Account Agreement. Licensee understands and agrees that Licensee shall be billed and charged for all monthly license fees and charges accruing under this Agreement by Stohlman & Rogers, Inc. dba Lakeview Energy Services (hereinafter referred to as “LAKEVIEW”). Licensee understands and agrees that LAKEVIEW is acting as a third party billing service on behalf of Yuba Sutter Truck Parking, LLC and that LAKEVIEW does not have any contractual obligations, duties or responsibilities with or to Licensee other than to act as a third party billing and collection service and agent of Licensor. Any disagreement between Licensor and Licensee arising out of this Agreement is between Licensor and Licensee. Licensee hereby waives and disclaims any and all claims, causes of action, and liabilities against LAKEVIEW. To the extentthat Licensee has any objections to charges or fees which may arise out of this Agreement, Licensee understands and agrees that such objections must be directed to Licensor and not to LAKEVIEW. All payments and charges accruing under this agreement shall be paid to and collected by LAKEVIEW by ACH debit payment. All debit payments will be processed not sooner than 7 days in advance of the monthly automatic renewal. Upon Licensee’s full payment of the advance monthly license payment(s) due, no further payments will be due by Licensee until the next automatic renewal term renewal date. Licensee understands, acknowledges and accepts that once payment of the monthly license fee(s) is made, there will be no refunds, rebates or prorated refunds or reductions. The monthly per space, per vehicle per month chargeset forth above at Section 1 shall remain in effect until such time as Licensor issues a Notice of Increase. No increases in monthly per space, per vehicle, per month charges shall go into effect on less than 60 days advance notice to Licensee.

3. CANCELLATION POLICY:
Licensee may cancel this Agreement as described above in Section 1 by delivering the Notice of Cancellation at least SEVEN (7) calendar days prior to the end of any given calendar month which such cancellation shall be effective the next calendar month. Licensee should not assume receipt by Licensor of any Notice of Cancellation. Accordingly, Licensee is advised to verify transmission of the Notice of Cancellation and verify Licensor’s receipt of the same. All accounts must be current and must be paid in full for each month. Licenseehereby acknowledges and agrees that upon Licensee’s transmission of a Notice of Cancellation, Licensor may, at Licensor’s sole discretion, directLAKEVIEW to process an ACH debit of Licensee’s account in the amount of any and all outstanding or unpaid balance(s) on Licensee’s account.Licensor has the right to cancel this license agreement and thereby terminate Licensee’s rights under this agreement upon 24 hours advanced written or verbal notice to Licensee at which point Licensor shall have the right to direct LAKEVIEW to process an ACH debit of any and all outstanding balances on Licensee’s account. In the event Licensee defaults under this agreement or fails to comply with any term or condition of this agreement, Licensee shall, at Licensor’s sole discretion, pay for all costs of enforcement of the terms of this agreement and for collection of moneys owed to and incurred by Licensor including reasonable attorney’s fees. There will be no refunds of any prepaid monthly parking payment of any kind.

4. SECURITY DEPOSIT:
An advanced security deposit per vehicle, per space in the amount of $_____________ will be charged upon execution of this Agreement which such security deposit(s) shall be refundable upon cancellation of this Agreement save and except as the same may be applied towards and against any outstanding account balance with Licensor.

5. INSURANCE, REGISTRATION, LICENSES:
Licensee's automobile and commercial trucking liability insurance must be kept current at all times during this Agreement with a copy of Licensee’s proof of insurance or policy, current vehicle registration and driver’s license on file with Licensor.

6. HOLD HARMLESS:
Licensee shall hold Licensor harmless and defend Licensor from any and all actions and liabilities and shall indemnify Licensor against any and all claims, actions, proceedings, damages, liabilities, costs and charges, including attorneys’ fees which may arise out of this Agreement or by Licensee’s use of the truck parking space or any portion of the Premises. Lessee assumes all responsibility and risk of loss or damages as a result parking on the premises, including, but not limited to natural causes, acts of nature, theft, vandalism, fire, flood, accidental damage, motorist damage, wind, rain, hurricane, force majure, earthquake, volcanic, structural damage, tree damage, terrorism, or any other possible damage or loss. All losses are the sole responsibility of the Licensee. Licensee acknowledges, understands and agrees that Licensee is parking its vehicle(s) upon the Premises at Licensee’s own risk. Licensee shall indemnify, and hold Licensor its officers, officials, affiliates, employees, agents and volunteers harmless from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Licensee’s use of Premises.

7. MAINTENANCE ON PROPERTY:
No private or independent repairs of any kind by Licensee are allowed upon the premises. No tire repairs, replacements, no minor repairs such as oil changes, minor or major repairs by Licensee at any time are permitted. Any person or maintenance company doing work on a vehicle upon the premises without prior written consent of Licensor will be directed to leave the premises. For maintenance, dead batteries, fluid leaks, fuel leaks or breakdowns which occur upon the premises, Licensee is required to arrange for repairs by a properly licensed, bonded and insured repair company of Licensee’s choosing which such repair company will be the only vehicle repair company allowed by Licensor to perform work upon Licensee’s vehicle(s) upon the Premises but under no circumstances will any onsite repair efforts exceed 2 hours. For any mechanical breakdowns which would reasonably require more than 2 hours in order to restore the subject vehicle(s) to operation or roadworthiness, Licensee will have to arrange for towing of the vehicle(s) to a repair facility of Licensee’s choosing by a tow company/wrecker approved by Licensor.

8. DAMAGES:
Licensee is responsible for any and all damage caused by Licensee to the Licensor’s building, property, fencing, gates, improvements, concrete or pavement.

9. GATE ACCESS:
Upon signing of this Agreement and approval of Licensee’s credit application by LAKEVIEW, Licensee will be provided with a cardlock gate access card(s) which will allow for entrance and exit through the automatic gates at the premises 24 hours a day. Licensee is forbidden from providing access to the cardlock gate access cards to anyone who is not directly affiliated with Licensee’s trucking operations. All gates must be closed and locked following each entry to or exit from the Premises. Licensee may not leave the gate unlocked for others, no exceptions. All persons using our facility must see that the gates are locked following their passage through the gates following each entry or exit from the premises.

10. LATE CHARGES:
Upon a rejection of ACH debit for insufficient funds, a late charge of $50.00 will be assessed and a second ACH debit attempt will be performed THREE (3) days thereafter. Upon a second (2nd) ACH debit rejection in any given month, this Agreement shall be immediately terminated and Licensee shall have 24 hours to remove Licensee’s vehicle(s) from the premises after which point any such vehicles may be impounded and towed from the premises to a storage facility of Licensor’s choosing and upon Licensor’s discretion.

11. ABANDONNED VEHICLES:
Any vehicle left upon the property with an unpaid monthly parking fee shall be deemed abandoned upon the fourteenth (14th) day and the vehicle will be towed & impounded in which case Licensor shall be entitled to exercise any and all rights and legal remedies available to Licensor to either gain ownership of or dispose of any such the abandoned vehicles. Upon commencement of legal proceedings by Licensor under this section, all costs of said proceedings, including but not limited to, redemption from such proceedings shall be the sole responsibility of Licensee.

12. PARKING PROTOCOL:
All vehicles must be backed into the appropriate licensed space with parking sticker/hanger visible on the visor of rearview mirror. Licensee may transfer the parking sticker/hanger between Licensee’s semi-truck and trailer to Licensee’s personal vehicle during those times when Licensee’s personal vehicle is parked within the licensed space while the semi-truck and trailer are on the road. Hanging stickers/hanger are to be placed on the rearview mirror or visor with the numbers facing the front. Each time Licensee parks a vehicle that drives (eg: Tractors, Box Trucks, Motorhome & Personal Vehicles), the hanger must be placed in it and visible in order to avoid towing. Licensor reserves the right to check and audit the parking lot at all times and is authorized to tow any and all unauthorized vehicles at owners/Licensee’s expense. Parking Hangers must be returned upon cancellation or termination of this Agreement in order to receive full refund of Licensee’s security deposit, if any.

13. PERSONAL VEHICLE PARKING:
Any personal vehicle must be parked in the designated parking space only. Licensee accepts full liability and responsibility for any personal vehicle that is parked on the premises.

14. NON-PAYMENT DEFAULT:
If a parked vehicle is in default status for non-payment, the vehicle will be towed from its existing parking space to an impound lot of Licensor’s choosing pending completion of any and all legal remedies available to Licensor.

15. PICTURE OF TRUCK/TRAILER: Licensee must provide Licensor with a clear photograph of each and every truck and trailer to be parked on the Premises which such photographs shall be maintained by Licensor for reference purposes.