STORAGE CONTAINER AGREEMENT
Storage Container Agreement (hereinafter "Agreement") made ______, 2012 by and between Clinton West Condominium having its principal place of business c/o Midboro Management Inc, 333 7th avenue , 5th FL, New York, NY, 10001, Attn: Ed Ermler, (hereinafter referred to as the "Licensor") and ______, owner of Apt. ______, 516 West 47th Street, NY, NY 10036 (hereinafter "Licensee").
WITNESSETH:
WHEREAS, Licensor manages the premises located at 516 West 47th Street NY, NY (hereinafter "Building") and wants to rent one or more Self-Storage Containers (hereinafter "Container") to residents of the Building;
WHEREAS, Licensee resides at the address set forth above and is desirous of obtaining the privilege of using a Container located in the basement storage area (hereinafter "Storage Area") of the Building;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1.License. The Licensor grants to Licensee the privilege to use Container No. ______in the Building subject to the terms of this Agreement.
2.Term. This Agreement shall terminate when the Licensee sells his or her apartment, unless Licensee terminates the Agreement earlier, as set forth in Paragraph 3.
3.License Fee. Licensee will rent the Container by making monthly payments of $______(hereinafter "Storage Fee") for a ______-foot Container for as long as the Licensee rents the Container. The monthly fee may be raised on 60 days written notice to the Licensee with an option to the Licensee to cancel this Agreement. A deposit of one month’s rent per Container must be paid simultaneously with the execution of this Agreement. The deposit shall be returned when this Agreement is terminated, unless the Licensee is otherwise in default of this Agreement. A Licensee may terminate this Agreement upon 30 days written notice to the Licensor.
The Storage Fees provided for above shall be payable to the Licensor on or before the first day of each month during the term of this Agreement. There will be a late charge of $10.00 per month for any month in which the storage fee is not paid by the 10th day of the month. The Storage Fee and deposit, and any other fee payable under this Agreement, are deemed to be additional common charges due under Licensor’s By-Laws, and Licensee’s default under the terms of this Agreement shall constitute a default under the terms of the By-Laws.
4. Conditions of Use. Licensee's privileges under this Agreement are subject to the following terms and conditions:
(a) For the purpose of this Agreement, the term "Licensee" includes, in addition to Licensee, any person who is an agent or guest of Licensee, or who is lawfully or unlawfully in any part of the Building due to the direction or consent of the Licensee.
(b) Licensee's privilege is personal and Licensee may not sublet or rent the Container to any other person, except a lawful tenant of the Licensee’s apartment. If the Container is used by Licensee’s tenant, Licensee shall assume all responsibility and liability for its tenant under this Agreement, including payment of Storage Fees.
(c) The Container may not be used for any unlawful purpose or in any manner which (i) is offensive or a nuisance to other Licensees of the Containers in the Building or (ii) in any way violates the Licensor's By-Laws, House Rules or Regulations (hereinafter "House Rules").
(d) Licensee shall use the Container for no other purpose than to store Licensee's personal property. Licensee shall not use the Container to store, to maintain, or otherwise to keep any animals, food, mattresses, loose paper, dangerous, combustible or inflammable substances or items which have an objectionable odor or may decay. Licensee shall not use the Container in any way that violates applicable building or fire codes, or any other federal, state or local governmental law, rule or regulation.
(e) Any penalty, assessment, fee or charge arising from the Licensee's use of the Container in violation of any governmental code or law shall be charged to the Licensee.
(f) Licensee agrees that it is Licensee's responsibility to use his or her own lock to safeguard his or her stored goods, and that Licensee will at all times keep the Container locked. Licensor shall have the right to remove the lock under any of the following circumstances:
(i) in an emergency;
(ii) in order to gain access to the Container after Licensee's default;
(iii) when, in the Licensor's reasonable judgment, access is required in order to allow repairs to be made to the Building.
Under no circumstances shall the Licensor be liable for any loss or damage resulting from entry by the Licensor in accordance with this paragraph, or for the purposes stated in Paragraph 5 below.
(g) Licensor shall not have and shall not be deemed to have custody, care and/or control of the contents of the Container.
(h) Licensee's use of the Container is at Licensee's own risk. The Licensor shall not be liable for any loss, cost, expense or damage to any person or property of the Licensee arising out of Licensee's use of the Container and/or the Storage Area, and under no circumstances shall Licensor be liable to Licensee for any damage or injury to any article of property left or stored in the Container by reason of any cause, whether resulting from theft, vandalism, fire, explosion, falling plaster, appliances or plumbing of the Building whether or not Licensor, its employees or agents was negligent. Licensor shall not be liable for damage caused to the Container by any other person or for any latent defect in the Container. The Container is offered by Licensor in its “AS IS” condition.
5. Access by Licensor. Licensor reserves the right to have its employees, agent or contractors enter the Container on reasonable notice at any time, and without notice and at any time in the event of an emergency or for the purpose of complying with statutes, rules, or regulations of any federal, state or local governmental body and for the purpose of inspecting the Container for the improper storage of flammable materials. Licensee agrees to disclose the contents of the Container upon reasonable demand by Licensor.
6. Events of Cancellation or Termination. In addition to the other conditions of termination set forth in this Agreement, this Agreement shall expire immediately if Licensee:
(i) defaults in any of its obligations under this Agreement; or
(ii) ceases to reside or own an apartment in the Building; or
(iii) breaches any of the House Rules; or
(iiv) fails to pay any charge or fee hereunder.
Licensor shall have the right to terminate the Agreement upon five (5) business days prior written notice for any violation by Licensee of any of the provisions of this Agreement. Upon cancellation or termination of this Agreement or damage to the Container by fire or other casualty, Licensee shall remove all property from the Container. The Container shall be returned to Licensor in the same condition as it was on the commencement of this Agreement, reasonable wear and tear excepted, empty and clean (except in the case where there has been fire or other casualty.) Any property not removed from the Container by Licensee within five (5) business days from the date of termination will be deemed abandoned and may be removed and disposed of by Licensor at Licensee's expense. Any expense incurred by Licensor or its agents or employees for replacement of locks, removal of Licensee's property or repair of the Container shall be charged to the Licenseeas additional common charges. Any attorneys' fees incurred as a result of a legal action necessary to enforce this Agreement shall be charged to the Licensee. The Storage Fee for the Container will be prorated as of the date of termination.
7. Licensor is not in the Warehouse Business. The Licensor is not in the business of storing personal property, nor is it generally in the business of leasing space for others to store their property. Licensor has not issued and will not issue any warehouse receipt, bill of lading or other document of title for property stored in the Container. The Licensor's obligation under this Agreement shall be limited to providing the Container and access thereto during such reasonable hours as the Licensor shall from time to time establish. The Licensor shall not be required to furnish any guard, security or other services under this Agreement. The Licensor and the Licensee agree that only a "licensee-licensor" relationship exists between them in respect to the Container and that the Licensor is not a "bailee."
8. Failure by Licensee to Pay Storage Fees. In the event of any failure by Licensee to timely pay the Storage Fees required to be paid hereunder or in the event of any other breach of this Agreement, or a breach of any of the House Rules established by the Licensor, the Licensor, after giving five (5) days prior written notice to the Licensee, may overlock and/or remove Licensee's lock on the door of the Container and replace such with the Licensor's lock and/or declare this Agreement terminated. In addition, if Licensee uses the Container in any way which creates a fire hazard or other imminent serious threat to the safety of the Container and/or the Building, then Licensor may immediately take any and all such steps as are necessary to eliminate such hazard or threat.
9. Licensee's Insurance. Licensee shall, and Licensor does not, maintain all risk insurance on the contents of the Container in amounts at least equal to the value of the contents. If Licensee's personal property is lost or damaged, Licensee will make a claim only against Licensee's insurer and not against Licensor. Unless Licensee obtains his or her own insurance, no person's safety, including Licensee's, nor the contents of the Container will be insured. Licensee shall provide to Licensor proof of insurance at the time this Agreement is signed,within 10 days of each policy renewal, and at Licensor’s request.
10. Owner Representation. Licensee represents and warrants to Licensor that he/she is the legal owner or otherwise are in lawful possession of all of the property that shall be stored in the Container, and have the legal right and authority to maintain and store the property upon the provisions, limitations, terms and conditions set further, herein, and that there are and will be no existing or hereinafter created liens, mortgages or encumbrances on said property.
11. Non-Recourse Provision. In the event of any default hereunder on the part of Licensor, Licensee shall have no right, claim or cause of action whatsoever against any manager, director,Unit Owner, or employee of Licensor, it being understood and agreed that any obligation or liability of Licensor hereunder is undertaken and accepted without personal recourse against any such individual or entity and shall be enforceable solely against the assets of Licensor and not against the individual assets of any such individual or entity.
12. Written Modifications. No provision of this agreement may be waived or changed except in writing.
13. Licensee's Indemnification of Licensor. Licensee agrees to indemnify Licensor and hold Licensor and its agents and employees harmless against any and all claim, loss, liability or damage (including reasonable attorneys' fees) which may be incurred as a result of the Licensee's use of the Container, including but not limited to, damage to property of the Licensee, to the property of other persons or for personal injury to other persons. The Licensor may repair all damage and injury to the Container or the Building, or to its appurtenances, fixtures or equipment, at the expense of the Licensee to the extent that damage was caused by Licensee or Licensee's employees, agents or visitors. In the event that there is any litigation as a result of Licensee’s breach of this Agreement, or the failure of the Licensee to remove any or all of the property stored in the Container at the end or earlier termination of this License, the Licensee agrees to pay all charges that may be due together with such costs and expenses, including reasonable attorney’s fees, which the Licensor may reasonably incur or become liable to pay in connection therewith, and the Licensor shall have a lien on said property for all charges that may be due it as well as for such costs and expenses, in addition to all other remedies available to the Licensor.
14. Notices. All notices under this Agreement shall be sent certified mail, return-receipt requested. Notices to be sent to the Licensee shall be sent to his or her address at the Building. Notices to be sent to the Licensor shall be sent Attn: Ed Ermler c/o Midboro Management Inc, 333 7th ave, 5th FL, New York, NY 10009,
Clinton West CondominiumLicensee
By: ______
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