Reserved Secure Bicycle Parking Permit Agreement
TORONTO METROPOLITAN UNIVERSITY RESERVED SECURE BICYCLE PARKING PERMIT AGREEMENT (the “Agreement”)
THIS AGREEMENT is effective on the date the Bicycle Parking Permit Holder (the “Permit Holder”) successfully completes the electronic Reserved Secure Bicycle Parking Permit Application (the “Effective Date”).
TORONTO METROPOLITAN UNIVERSITY for TMU PARKING SERVICES
Having an address of 350 Victoria Street, Toronto, ON M5B 2K3
a. The reserved secure bicycle parking rooms located at 288 Church Street, Toronto, Ontario (the “Bicycle Rooms”) are a component of TMU’s initiative to promote bicycle commuting and realize other environmental targets;
b. TMU has made available the Bicycle Rooms for short-term bicycle parking to individuals granted a reserved secure bicycle parking permit through execution of this Agreement; and
c. The Permit Holder seeks a permit to use a parking spot in one of the Bicycle Rooms for the purpose of parking a bicycle;
NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, TMU and the Permit Holder agree as follows:
a. This Agreement is operative from the Effective Date indicated above until either of the dates below (the “Termination Date”), as established by the Permit Holder’s electronic Reserved Secure Bicycle Parking Permit Application (the “Application”):
i. April 30, 2023 (Fall/Winter Termination Date); or
ii. August 31, 2023 (Spring/Summer Termination Date).
a. Upon payment by Permit Holder to TMU of a fee (the “Permit Fee”), Permit Holder shall receive a permit to use one parking space in an assigned Bicycle Room, subject to the terms and conditions of this Agreement.
b. Permit Holder shall pay either of the following Permit Fees and TMU shall provide a permit for either of the following periods, herein the “Permit Period”:
i. Fall/Winter: September 1, 2022 to April 30, 2023 - $75.00 (HST incl.)
ii. Spring/Summer: May 1, 2023 to August 31, 2023 - $55.00 (HST incl.)
c. Permit Holder’s permit is limited, revocable, non-exclusive, non-transferable, and non-assignable (the “Permit”) for use a parking space in a Bicycle Room for the sole purpose of parking one (1) bicycle.
d. Permit Holder is prohibited from using the Parking Space in the Bicycle Room for any other purpose.
e. Permit Holder accepts the following restrictions placed on the Permit:
i. Permit Holder shall only have one bicycle parked in their assigned Bicycle Room at a time and shall not occupy more than one parking space while storing their bicycle or otherwise obstruct or interfere with the access to or use of another parking spaces.
ii. The Permit Holder shall not store or park any of the following items (“Restricted Items”) in their assigned Bicycle Room and its surrounding premises:
1. Bike frames, bike parts, mopeds, or other motorcycles; or;
2. Food, perishable items, and hazardous or combustible materials (including oils and aerosol cans); and
3. Any other personal property.
a. If the Agreement is terminated before the Termination Date of the Permit Period in accordance with this Agreement, no amount of the Permit Fee will be refunded to Permit Holder.
b. Permit Holder understands and accepts that TMU does not grant a prorated Permit Fee for any permits it grants after the start date of a Permit Period.
c. Throughout the Term of this Agreement, Permit Holder must ensure that TMU has the Permit Holder’s up-to-date email address (the “Email of Record”). Without limitation, TMU may contact the Permit Holder for the purposes of discussing access or storage practices or issues, changes in access or storage policies, provide notice that a bicycle in the Bicycle Room is suspected of being abandoned, requiring that the Permit Holder remove their bicycle from the Bicycle Room, or any other matter related to this Agreement.
d. Upon the Termination Date of the Permit Period, Permit Holder shall remove any bicycle and other property placed in the Bicycle Room by the Permit Holder. For greater certainty, storage of other property in the Bicycle Room is prohibited and constitutes a breach of this Agreement that may result in its termination by TMU.
a. Permit Holder shall gain access to one (1) assigned Bicycle Room through the Permit Holder’s OneCard, which will be activated to enable the Permit Holder access to the assigned room for the Permit Period.
b. Permit Holder will have 24/7 access to the Bicycle Room, except on dates that TMU is closed.
c. TMU shall grant Permit Holder’s OneCard access privileges to their assigned room as soon as is commercially feasible and reasonable upon successful processing of the Permit Fee. TMU will communicate which Bicycle Room the Permit holder has been assigned by email to the Email of Record.
d. Permit Holder shall access the Bicycle Rooms by entering from the main entrance at 288 Church Street and use the elevator to go down to the lower level (B01).
a. Permit Holder agrees to access and use the Bicycle Rooms in a manner that respects the rights and interests of other permit holders and public health and safety. This includes, without limitation, the following responsibilities:
i. Permit Holder shall not affix any additional locking devices, posters, decals, or any other materials or markings to the inside or outside of the Bicycle Rooms;
ii. Permit Holder shall not allow unknown or unauthorized individuals into any Bicycle Rooms, and assumes responsibility for any damage or loss of property caused by any such individual(s);
iii. Permit Holder shall not move or remove the bicycles of other permit holders;
iv. Permit Holder shall not obstruct the walkways and exits with a bicycle or any other objects;
v. Permit Holder shall keep the Bicycle Rooms and surrounding premises used for access clean and tidy; and
vi. Remove any bicycle or other object as directed to by TMU, in accordance with this Agreement.
b. Permit Holder shall contact TMU Security & Emergency Services (416-979-5040) for any issues surrounding the access of a Bicycle Room.
c. Permit Holder shall notify TMU Parking Services (RUparking@torontomu.ca) of any damage to the Bicycle Rooms, or any damage to or loss of property regarding anything stored in the Bicycle Rooms.
a. The Bicycle Rooms are subject to periodic inspections at the sole discretion of TMU and without notice to the Permit Holder. Without limitation, the purpose of such inspections may include:
i. To confirm proper usage (access and storage practices);
ii. To assess maintenance requirements; and
iii. To assess or respond to an emergency or a potential health or safety concern.
b. Upon inspection of the Bicycle Rooms, TMU may, at any time in its sole discretion and without prior notice to the Permit Holder, remove any Restricted Items or items otherwise deemed inappropriate that it discovers.
a. TMU may remove bicycles from the Bicycle Rooms:
i. Upon the Termination Date of the Permit Period in this Agreement. It is Permit Holder’s responsibility to remove their bicycle from any Bicycle Room before the Termination Date. Any bicycle still in a Bicycle Room after the Termination Date is deemed abandoned and subject to removal by TMU in its sole discretion and without notice;
ii. Prior to the Termination Date for reasons of Termination as provided for and in accordance with Section 8 of this Agreement.
iii. Whenever necessary to prevent the Bicycle Rooms from becoming inaccessible, unusable, or unsafe.
b. All bicycles removed by TMU pursuant to this Section will be offered as donations to any bicycle recycling organizations selected by TMU.
c. Permit holder understands and accepts that TMU is not financially liable for any bicycle it removes in accordance with this Agreement.
a. TMU, in its sole discretion, may terminate Agreement:
i. At any time for reasonable cause, which includes, but is not limited to any access or use of the Bicycle Rooms and its surrounding premises by Permit Holder in a manner that is inconsistent with the terms and conditions of this Agreement; and
ii. Without cause upon providing Permit Holder with fourteen (14) days’ written notice via email.
b. Permit Holder may terminate the Agreement by giving written notice to TMU that Permit Holder no longer requires use of the Bicycle Rooms.
c. In the event that TMU terminates the Agreement in accordance with (a) (i) of this Section, TMU shall send an email to Permit Holder’s Email of Record informing Permit Holder that the Agreement has been terminated. In order to retrieve Permit Holder’s bicycle, Permit Holder is required to contact TMU within five (5) days to arrange a date and time for retrieval, failure of which may result in the removal of their bicycle in accordance with Section 7 of this Agreement.
a. Each party shall send any notice or communication required or permitted to be given under Agreement in writing by email, and addressed to the other party as follows:
i. To TMU Parking Services: RUparking@torontomu.ca; and
ii. To Permit Holder: to the Email of Record.
b. All notices are effective at the time the delivery.
a. TMU grants Permit Holder access to and use of a Bicycle Room on an “as is, where is” basis, with all faults, and without warranty of any kind whether express or implied as to the condition of the Bicycle Rooms and surrounding premises. Permit Holder understands and accepts that although the Bicycle Rooms are recorded on video surveillance, the Bicycle Rooms are not actively monitored or patrolled. Permit Holder accepts the Bicycle Rooms and surrounding premises “as is, where is” and “with all faults” in its present state of repair.
b. TMU is not responsible for any damage to or loss of property, including theft, of any property stored in the Bicycle Rooms. TMU is not liable to the Permit Holder or any third party for any damages whatsoever, including any direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of a parking space in the Bicycle Rooms and surrounding premises.
c. Permit Holder is responsible for any damage caused by the Permit Holder or any third party acting by, through or under the Permit Holder to the Bicycle rooms or premises/mechanisms used to access the Bicycle Rooms. Permit Holder is responsible for any damage to other permit holders’ property in the Bicycle Rooms or any damage to such property caused by any person(s) who gain access to the Bicycle Rooms through the Permit Holder.
a. Permit Holder hereby releases and shall defend, indemnify and hold harmless TMU, its officers, governors, employees, agents and representatives from and against any and all losses, liabilities, claims, damages, costs and expenses of any kind, including legal fees, resulting from or arising out Permit Holder’s access and use of Bicycle Rooms and surrounding premises and all other activities reasonably related to this Agreement.
a. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, oral or written.
b. Relationship. This Agreement does not create an employment relationship, partnership or joint venture between the parties. Neither party is an agent or representative of the other. Neither party shall act or represent itself, directly or by implication, as an agent of the other, or in any manner assume or create any obligation on behalf of, or in the name of, the other.
c. Amendment. TMU, at its sole discretion, may amend the terms of this Agreement at any time. TMU shall provide written notice to Permit Holder of any such amendments, which may include, without limitation, amendments to practices surrounding access to and use and storage in the Bicycle Rooms and surrounding premises. After such notice has been delivered to Permit Holder’s Email of Record, Permit Holder shall be deemed to have accepted any such amendments by Permit Holder’s continued use of the Bicycle Rooms.
d. Survival. At the expiry or earlier termination of this Agreement, all the rights and obligations of the parties under this Agreement terminate, save and except for Sections 7, 8, 10, 11 or any other provision which, by its nature, remains in effect beyond expiry or termination.
e. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision is to be removed from the Agreement without affecting any other provision in this Agreement.
f. Assignment. No party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party.
g. Governing Law. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.
h. Enurement. This Agreement enures to the benefit of and is binding on the parties hereto and their respective successors and permitted assigns.
The parties hereby execute this Agreement through the Permit Holder’s electronic completion of the Reserved Secure Bicycle Parking Permit Application.