1032 FORT STREET

PARKING RULES

MONTHLY VEHICLE PARKING LICENSE AGREEMENT (“Agreement”)

Customer (hereinafter, “You”) agrees to complete all requested information, sign, and date and return this form immediately
to Secure Parking Hawaii (“SPH”), and agrees to and accepts the following terms and conditions:

    1. Monthly Fee: A monthly license fee (inclusive of sales taxes, if applicable) is charged for each vehicle parking at the parking facility during each month. This includes self-park, valet, or reserved spaces. Secure Parking Hawaii reserves the right to increase the monthly license fee, at any time, upon at least thirty (30) days advance notice.
    2. Access Card: Your access credential (license plate/access card) may only be used for the entrance and exit of your vehicle only. If violation of this policy occurs, the daily maximum rate will be charged on the first offense; future violations will result in immediate termination of the parking privileges
    3. Ingress/Egress: This Agreement provides In & Out access to the parking facility during the facility’s posted hours of operation, unless otherwise limited at a specific location. Access is valid for parking of one (1) automobile in the facility at any given time and may not be valid during special events.
    4. Payment Terms: Monthly rate for parking is due and payable on or before the first (1st ) day of each month, in advance without demand. If the monthly charge is not paid when due, the prevailing daily posted parking rate will be charged. No deductions or allowances from the monthly rate will be made for days you do not use the location. Parking commenced between the 1st and 14th will be charged the full monthly fee. 
    5. Customer Responsibility: SPH, the owner or manager of the parking facility, and each of their employees, contractors, parent companies, subsidiaries and affiliates (“SPH Parties”) are not insurers, and shall not be responsible for any vehicle loss, collision, fire, theft, accident, loss or damage to the vehicle or its contents or for any other damage to you or your property. In no event will SPH Parties assume liability for damage or injury sustained through faulty brakes or other vehicle equipment failure, your failure to set brakes properly or for improper vehicle maintenance. However, SPH shall be responsible for such loss or damage only if it results from SPH’s negligence or the negligence of SPH’s employees, occurring within the scope of their employment, to the extent that it is responsible under the law: but SPH does not waive any defenses to such claim including, but not limited to, contributory negligence, comparative negligence or any other defense or remedy available under the law. SPH Parties’ maximum liability for loss or damage to property by theft, fire, explosion or otherwise shall be limited to $25,000.00 unless additional fee is paid when vehicle first parks and receipt is issued for the same pursuant to law . You agree to defend, indemnify and hold SPH Parties harmless from and against any action, claim, loss, cost, damage or injury arising from your negligence, recklessness or carelessness, including, without limitation by specification, property damage and/or injury or death to any person or persons. 
    6. Default: If you shall be in default for a period of five (5) days for non-payment of parking charges or charges for other supplies or services furnished to such vehicle by SPH, SPH is authorized at its option to place your vehicle on a transient ticket basis; to immobilize the vehicle (at your expense) and/or to open the vehicle to secure it or transfer it; to hold the vehicle and/or transfer such vehicle to another location with you remaining responsible and liable for all parking fees at such location, or to a location authorized and/or designated by applicable law at your expense and you are responsible for any damage to vehicle in relocation and/or securing the same.If your default for non-payment as set forth above shall continue for a period in excess of ten (10) days, then, and in such event, SPH may, at its option, charge interest on the amount owed, such interest to be set at the highest legally permitted rate as designated by applicable law, said interest to commence on the first day of the month for which charges have not been paid.
    7. Termination: Unless otherwise stated herein, this agreement may be terminated by either party in writing by sending notice to the other party at least thirty (30) calendar days prior to the beginning of the month of cancellation or as dictated in conjunction with lease terms. The prorating terms outlined in Section 4 of this Agreement will NOT apply to termination months. All notices sent by you to SPH shall be sent either via the Website (defined below) or the customer care e-mail at [email protected] or by written notice via certified mail, return receipt requested (or by a nationally recognized overnight courier service) to Secure Parking Hawaii, 529 Koula Street, Bay 2, Honolulu, HI 96813.
    8. Multiple Parking Spaces: If more than one (1) monthly parking permit is licensed by a customer, this Agreement shall apply to all such parking permits, and you agree that all of the terms and conditions of this Agreement shall be binding upon you and all persons, firms, entities and others using said parking permits with your permission, proper identification and notice to SPH.
    9. Payment Options: You have the following payment options: check or credit card. Payments should be made to the office address or via the web at www.secureparkinghi.com/permits. No cash is accepted as a form of monthly payment. Payments made by check are subject to a processing fee of no less than $5.00 per check and must be postmarked on or before the due date. Payments made by credit card will incur a service fee of no less than 5% of the total payment amount. All individual customers are required to establish automatic payment (credit card) via the web at www.secureparkinghi.com/permits (“website”).
    10. Payment Due Date; Late Fees; Collection. Payments are due on the 1 st day of each month and considered late as of the 5th day of the month. SPH reserves the right to charge a late fee based on a per parker charge in an amount no less than 5% of monthly payment per parker (depending on location). You agree to pay all costs of collection, including court costs, reasonable attorney fees and expenses. 
    11. Vehicle Repairs; Towing: No vehicle repair is allowed inside the parking facility. You must notify the manager of the parking facility if your vehicle is being towed out. 
    12. No Vehicle Storage: No vehicles are allowed to be stored in the parking facility for more than 5 consecutive business days without exiting the facility. In case of such occurrence, the manager of the parking facility must be notified. Any vehicle stored in the parking facility over 5 days without notification is subject to towing at the vehicle owner’s expense. 
    13. No Changes: Parking facility managers, cashiers, and attendants are not authorized to make or allow any exceptions or changes to this Agreement or terms hereof. 
    14. Additional Fees (Minimum Amounts): $50 for each returned check; $25 non-refundable activation fee; $10 – $50 (depending on location) for replacement of a lost access card; $10 – $50 (depending on location) for the replacement of a lost monthly permit. 
    15. Parking Facility Rules: In addition to the rules indicated in the Agreement hereby, you agree to adhere to the regulations of the parking facility, such as hours of operation, rate structure, speed, payment options, etc. Failure to comply with any such terms may result in the immediate termination of this Agreement and forfeiture of the monthly license fee paid for such month. 
    16. Superseding Laws: Applicable Federal, State and local laws and parking terms per building lease agreements may supersede one or more of the provisions contained herein. 

    17. Paragraph Headings: Captions or paragraph headings used in this Agreement are inserted for identification only, and shall not govern the construction, nor alter, vary or change any of the terms, conditions or provisions of this Agreement or any paragraph hereof.

CUSTOMER AGREES TO AND ACCEPTS ALL THE TERMS AND CONDITIONS HEREOF, AND RELEASES SPH FROM ANY AND ALL LIABILITY ARISING FROM CUSTOMER’S USE OF SPH’s WEBSITE. Customer will notify SPH if there are any changes in the completed information above, including, but not limited to, billing address, phone number(s), employer, vehicle type, license plate, etc.

ADDENDUM TO MONTHLY VEHICLE PARKING LICENSE AGREEMENT

    1. Modifications to the Agreement. The Agreement is modified by the addition of the following terms:
      1. The parking facility entry hours are Monday to Sunday 5:00 AM to 10:00 PM, exiting the facility is 24 hours daily, and CLOSED on Christmas Day and are subject to changes at any time without notice.  Absolutely no parking in stalls designated Reserved (unless it is your assigned Reserved Stall). 
      2. Vehicles parked longer than 24 hours without permission from Secure Parking Hawaii are subject to tow at Owner’s expense in accordance where applicable to the Hawaii Administrative Rules and Hawaii Revised Statutes 290-11.
      3. Parking in reserved stalls is strictly prohibited unless authorized by a valid reserved permit. Assigned reserved stalls may only be used by their designated assignees.
      4. Parking credentials (license plate/access card) must be used in cycle, meaning going in and then out of the garage. If the cycle is not completed, the access card will automatically be inoperable
      5. No deductions or allowances from the monthly rate will be made for days you do not use the location.
      6. Additional Fees (all non-refundable).
        1. Late Fee. Payments are considered late as of the 5th day of the month and are subject to a late fee of 5%. In addition, customers will be liable for daily parking rates for each day the account remains in default. No deductions, credits, or allowances from the monthly rate will be made for any days charged at the daily parking rate.
        2. Returned Check. Returned check payments will be assessed a $50.00 fee. If payment is not made immediately after being notified, the Parking Access Card will be deactivated.
        3. Activation Fee. All new parkers are subject to a $25.00 activation fee.
        4. Lost Access Card Fee. Lost cards are subject to a $25.00 replacement fee.
      7. Vehicle repairs and/or maintenance are strictly forbidden in the parking facility and/or on the premises.
      8. All vehicles must have current registration and safety check.
      9. Vehicle information changes must be provided to Secure Parking Hawaii.
      10. Speed limit in the parking facility is 5 MPH.
      11. Adhere to all posted signs (reserved stall, ADA, no smoking, etc.).
      12. Be alert to pedestrians.
      13. Height clearance is 6’ 4”.
      14. Report incidents in the facility to the Parking Operator, its management or parking attendants. As a matter of security, please report any incidents of theft or suspicious person loitering in the parking facility to the parking attendant immediately.
    2. Conflict. This Addendum will govern in the event of any conflicts between the Agreement and the Addendum.

     

     

    For your own protection and safety, remember to always remove valuables and lock your vehicle.