LICENSE AGREEMENT OF
BIRMINGHAM PARKING AUTHORITY
- The Birmingham Parking Authority (herein called the Authority) hereby grants to the undersigned Licensee the privilege of parking by the month in the parking facility of the Authority, for a period of one month, continuing from month to month thereafter until this license is terminated by either party in the manner provided in Sections 6 or 10 below.
- In consideration of the license the Authority hereby grants, the Licensee shall pay to the Authority a monthly fee for each parking space specified (or such other monthly fee as the parties hereto may mutually agree to in writing by amendment to Exhibit A) payable at the Authority’s office located at 1732 5th Avenue North, Birmingham, AL 35203, or such other place as the Authority may direct. Payment shall be in advance, on or before the first day of each month (except that the monthly fee shall be prorated on a standard thirty (30) day month basis if the license becomes effective on any day other than the first day of a calendar month, and shall be payable upon execution of this license agreement).
- If the monthly fee is not paid in full on or before the 10th day of the month, the Licensee agrees to pay a delinquent service charge of 10% of the amount due, in addition to the monthly fee. Payments for customers enrolled in “AutoPay” will be processed on the 1st business day of each month. If the Licensee elects to set up automatic monthly payments either by credit card or ACH and the payment is declined or rejected, the customer is subject to the 10% service charge if valid payment is not submitted prior to the 10th day of the month. If the account becomes (1) month past due, this license shall be invalid until past due amount is received. The cardtrol parking card of the Licensee shall be locked out of the parking control computer system, and Licensee will be unable to gain admittance to the parking facility. The Authority shall not be required to give the Licensee any notice of lockout. In the event legal action is instituted to collect such past due monthly fees and delinquent service charges, Licensee agrees to pay the cost of collection, including reasonable attorney’s fees.
- If the Licensee loses or damages the cardtrol parking card furnished by the Authority, the Licensee will pay the Authority $8.00 for a replacement card. Upon the termination of this license, the Licensee will return to the Authority the cardtrol parking card.
- The Licensee will use the cardtrol parking card to enter and depart from the parking facility. If the Licensee pulls a ticket to admit a vehicle into the parking facility, then the amount owing for such vehicle when the vehicle departs shall be the amount owed according to the ticket. The cardtrol parking card is non-transferable and if anyone other than the Licensee is found using the cardtrol parking card to enter or exit the parking facility, such use shall be grounds for the Authority to cancel the cardtrol parking card and to revoke and terminate the license hereby granted without further notice.
- The Licensee shall abide by all posted rules located in the parking facility specified in Exhibit A. The Authority has the discretion to immediately terminate this license for repeated violations of these posted rules by the Licensee, Licensee’s guests, employees, or invitees.
- The Authority will not be responsible for injury of the Licensee or the Licensee’s guests, employees or invitees, or for loss of, or damage to any vehicle while in the parking facility, and Licensee assumes all risk of such injury, loss or damage, and agrees to indemnify and hold the Authority harmless from loss or expense arising there from, including attorney fees incurred in litigation with third parties or with Licensee.
- If the Authority terminates or revokes the license hereby granted for any cause which is above specified as a ground of termination or revocation, the Authority shall not be obligated to return any fee or any part of any fee the Licensee has heretofore paid for prior or current use. In the event the Licensee pays in advance at the beginning of this agreement, in that the agreement is on a month to month basis the Authority shall refund any sums paid for future use.
- In the instance that a Special Event in the City of Birmingham requires the use by the general public of the parking facility referred to in Exhibit A of this agreement, the Authority shall grant to the undersigned licensee the privilege of parking during the Special Event, or as otherwise indicated at the discretion of the Authority. This assignment of parking facilities during Special Events does not alter Sections 1 through 7 of this Agreement during the period of time that the licensee is using the aforementioned alternate parking facility.
- In addition to the termination provided for above, the Authority may terminate this license by giving to the Licensee not less than thirty (30) days written notice of termination which shall be mailed to the Licensee by United States mail, first-class, addressed to the Licensee. The Licensee may terminate this license at any time by surrendering his/her cardtrol parking card to the Authority by hand delivery to the Authority or by returning the card by certified mail, return receipt requested, addressed to the Authority at 1732 5th Avenue North, Birmingham, AL 35203. However, the cardtrol parking card must be returned to the Authority on the last day it is used by the Licensee. The Licensee will be charged a prorated fee of the normal monthly rate (see Exhibit A) on a standard thirty (30) day month basis for each day the card is in his possession until it is received by the Authority. On any termination by Licensee after the 20th of any month, the Authority shall not be obligated to return any fee or any part of any fee the Licensee has heretofore paid to the Authority for the month in which the termination occurs. All fees paid for future use will be refunded.