511 WEST 232ND OWNERS CORP.
Parking Lot License Agreement
AGREEMENT
made this______ day of ____________, 20___, by and
between 511 WEST 232ND OWNERS CORP., a New York
corporation having its principal place of business at
511 West 232nd Street, Bronx, New York ("LICENSOR")
and _____________________________________________
residing at 511 West 232nd Street, Bronx,
NY 10463, Apartment #_________ ("LICENSEE").
WHEREAS, LICENSOR is a cooperative housing corporation
and owner of the premises known as 511 West 232nd
Street, Bronx, New York (the "BUILDING"), and LICENSEE
is a subtenant or resident-shareholder and occupant of
Apartment #______ in the BUILDING; and
WHEREAS, LICENSOR is the owner of a parking facility
(the "PARKING LOT") near the BUILDING; and
WHEREAS, LICENSEE is desirous of obtaining the
privilege of parking his passenger motor vehicle(s) in
the PARKING LOT owned by LICENSOR; or LICENSEE
currently parks his passenger motor vehicle(s) in a
designated space in the PARKING LOT and LICENSOR and
LICENSEE wish to confirm the terms and conditions of
LICENSEE's right to park his passenger motor
vehicle(s) in the PARKING LOT.
NOW, THEREFORE, in consideration of the covenants and
conditions herein contained, it is mutually agreed as
follows:
- LICENSOR does hereby grant unto
LICENSEE the privilege of parking _____ passenger
motor vehicle(s) in the PARKING LOT, for the period
commencing the 1st day of _________ 20___ and
continuing thereafter until terminated pursuant to
the terms of this License Agreement.
- LICENSEE agrees to pay to
LICENSOR and LICENSOR agrees to accept the sum of
US$________ per month, plus tax (if applicable), for
the granting of the within license and the privilege
hereinabove set forth. The said payments shall be
made in advance on the 1st day of each and every
month during the period of the within license and/or
the renewal thereof. Upon the failure of LICENSEE to
make the payments required hereunder, as and when
same become due, LICENSOR shall have the right to
terminate the within agreement upon thirty (30)
days' written notice to LICENSEE and, upon the
expiration of such thirty (30) day period, this
agreement shall be null and void and of no further
force and effect. The monthly payments required
hereunder may be changed by LICENSOR at any time
upon 30 days' prior written notice to LICENSEE.
- It is specifically understood
and agreed that the within license and the privilege
hereby granted are subject to the following terms
and conditions:
- That the passenger motor
vehicle(s) shall be owned by and/or registered
in the name of LICENSEE or LICENSEE's household
member with whom LICENSEE permanently resides,
or in the name of a business with which the
LICENSEE is affiliated or leasing company from
which the LICENSEE has rented the vehicle
provided that LICENSOR is provided with proper
proof of such arrangement satisfactory to
LICENSOR;
- That the passenger motor
vehicle(s) parked be manufactured and currently
designed for the transport of passengers and be
of a size not to exceed its parking space or
make access to and from other spaces difficult;
that parking extended Vans, Industrial-length
vehicles or Limousines is prohibited;
- That repairs (other than
emergency repairs), servicing or washing of the
motor vehicle(s) on the premises is prohibited;
- LICENSEE shall not store,
maintain or otherwise introduce any combustible
or inflammable substances or any material or
substance prohibited by regulation, ordinance or
law in or about the PARKING LOT, other than
gasoline in the fuel tank of the motor
vehicle(s);
- That storage of personal
items in the PARKING LOT or LICENSEE's motor
vehicle(s) (other than usual and customary items
normally stored in an automobile trunk or glove
compartment) is prohibited;
- That LICENSEE shall not park
more than one (1) motor vehicle of any kind
in a parking space, designated or otherwise, in
the PARKING LOT at any time or under any
circumstances;
- That the use of the PARKING
LOT for any unlawful purpose or in a manner
which the Board of Directors of LICENSOR deems
offensive to other occupants of the PARKING LOT
or to residential tenants in the Building, is
prohibited;
- That this License Agreement
may be terminated upon fifteen (15) days' prior
written notice by LICENSOR to LICENSEE based
upon the violation of the terms or conditions
contained herein or such other rules and
regulations now in effect or which may hereafter
be adopted by LICENSOR governing the use of the
PARKING LOT or in accordance with Paragraph 3(e)
of this License Agreement, and, upon expiration
of such fifteen (15) day period and the
failure of LICENSEE to cure such violation or
offensive conduct within such period, this
License Agreement shall be null and void and of
no further force and effect;
- LICENSEE shall maintain and
continue to maintain, at its sole cost and
expense, automobile insurance (including without
limitation, liability, theft and collision) as
may be required by applicable law and otherwise
acceptable to LICENSOR;
- Subject to the provisions of
Paragraph 5 herein, this License Agreement does
not designate any specific parking space or
spaces in the PARKING LOT for LICENSEE's motor
vehicle(s);
- LICENSOR and its employees
and agents, shall have the right, at any time
and from time to time, as they may determine to
be necessary or desirable, to (i) require
LICENSEE to make available to LICENSOR and its
employees and agents keys to LICENSEE's motor
vehicle(s), and (ii) move LICENSEE's motor
vehicle(s). LICENSEE shall otherwise cooperate
with LICENSOR, other licensees for parking in
the PARKING LOT and other parties who utilize
the PARKING LOT in order to, among other things,
allow passage for other motor vehicles in, out
and through the PARKING LOT. Nothing contained
in this Paragraph 3(k) shall in any way limit
the terms and conditions of Paragraph 4 of this
License Agreement; and
- LICENSEE shall comply with
all applicable laws, rules, and regulations with
respect to the license and privilege granted in
this License Agreement.
- It is further understood and
agreed that:
- LICENSOR shall not be deemed
to have custody, care and/or control of
LICENSEE's motor vehicle(s) or of any other
motor vehicle in the PARKING LOT;
- LICENSOR does not furnish,
and is under no obligation to furnish, guard or
security service in and about the PARKING LOT;
- LICENSOR shall not be liable
for the damage, fire, loss or other destruction
of LICENSEE's motor vehicle or any appurtenance
thereto or any personal property stored therein
or of any other motor vehicle or appurtenance in
the PARKING LOT;
- To the fullest extent
permitted by law, LICENSEE or any person having
use of the PARKING LOT pursuant to this License
Agreement releases and discharges LICENSOR from
any and all claims which he has or may have for
damages to himself or his property arising out
of or incidental to or connected with his use of
the PARKING LOT; and
- LICENSEE agrees to indemnify
and hold harmless LICENSOR from and against any
and all claims, liabilities, damages and
expenses, including but not limited to attorneys
fees, that LICENSOR may sustain due to any acts
of LICENSEE or any invitees, guests, and
employees of LICENSEE.
- LICENSOR shall have the right at
any time and from time to time to designate parking
space(s) for LICENSEE's motor vehicle(s) and
otherwise number, re-number, assign, or re-assign
parking spaces to LICENSEE and others without
affecting the obligations of LICENSOR or LICENSEE
under this License Agreement. It is understood and
agreed that the size, location and characteristics
of designated parking space(s) will be at the sole
discretion of LICENSOR.
- In the event that LICENSEE
ceases to be a subtenant or resident-shareholder of
LICENSOR, the within license shall automatically
terminate as of the date that LICENSEE ceases to be
such subtenant or resident-shareholder. LICENSEE
agrees to notify LICENSOR pursuant to this paragraph
6, and paragraphs 7 and 10.
- Notwithstanding anything
contained herein to the contrary, either party may
terminate this License Agreement at any time upon no
less than thirty days' prior written notice to the
other party effective on the last day of the month
following the month in which such notice is given.
PARKING LOT charges payable pursuant to Paragraph 2
hereof shall be paid through the effective
termination date.
- Upon termination of this License
Agreement, the LICENSEE agrees to remove his motor
vehicle(s) from the PARKING LOT. In the event
LICENSEE fails to remove his motor vehicle(s),
LICENSOR shall have the right, at the LICENSEE's
sole cost and expense, to remove LICENSEE's motor
vehicle from the PARKING LOT and to store it at no
cost or expense to LICENSOR. LICENSEE further agrees
to indemnify and hold harmless LICENSOR from and
against any and all claims, liabilities, damages and
expenses including, without limitation, attorneys
fees and expenses, resulting from LICENSOR'S removal
of LICENSEE's motor vehicle(s) pursuant to this
paragraph 8.
- LICENSEE shall not sublicense,
or allow another subtenant or resident-shareholder
or other person or entity to use, utilize or take
advantage of the license or privilege granted to
LICENSEE under this License Agreement including any
parking space(s) that may be designated to LICENSEE.
- Any notice which LICENSOR may
desire to or be required to give to LICENSEE shall
be deemed sufficiently given if in writing delivered
to LICENSEE personally or sent by mail to the
LICENSEE at the address in this Agreement. Any
notice by LICENSEE to LICENSOR must be served by
Registered or Certified Mail addressed to the
LICENSOR at 511 West 232nd Owners Corp., c/o Veritas
Property Management, LLC, 1995 Broadway, Suite 201,
New York, NY 10023.
- The failure of the LICENSOR to
insist, in any one or more instances, upon a strict
performance of any of the provisions of this License
Agreement, or to exercise any right or option herein
contained, or to serve any notice, shall not be
construed as a waiver, or a relinquishment for the
future, of any such provisions, options or rights,
but such provision, option or right shall continue
and remain in full force and effect. The receipt of
the LICENSOR of the monthly payments or any amounts
hereunder, with knowledge of the breach of any
covenant hereof, shall not be deemed a waiver of
such breach, and no waiver by the LICENSOR of any
provision hereof shall be deemed to have been made
unless in a writing expressly approved by the Board
of Directors of LICENSOR.
- If LICENSOR has not received the
payment due for any month from LICENSEE on or before
the tenth of the month in which said payment is due,
the LICENSOR may impose a late charge of $10.00 on
LICENSEE in order to reimburse LICENSOR for the
increased costs of collection and processing. The
late charge shall be payable on the first day of the
next month as an additional payment due.
- A LICENSEE who violates any
provision of this Agreement, shall, in addition to
any other remedies of LICENSOR, be responsible to
pay LICENSOR on the first day of the next month a
$50.00 administrative fee for each such violation.
- This License Agreement
supersedes all prior agreements and understandings
between the parties relating to the subject matter
hereof. This Agreement may not be modified or
amended, nor may any term be waived or discharged,
except by a writing signed by the party against whom
such modification, amendment, waiver or discharge is
sought to be enforced.
- This Agreement shall be governed
and construed in accordance with the laws of the
State of New York.
- In the event that any provision
of this Agreement shall be declared invalid, then
such provision shall be deemed stricken and the
remaining provisions shall constitute the terms of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
LICENSOR:
511 West 232nd Owners Corp.
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LICENSEE:
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By:
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By:
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Name
of Registered Owner: |
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Year,
Make/Model & Color: |
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Expiration
Date of Registration: |
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License
Plate Number &
State (NY, NJ, etc.): |
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Day,
Evening & Emergency Telephone Numbers:
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Email
Address: |
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Rev.
8/3/09
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