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").

W I T N E S S E T H


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:

  1. 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.

  2. 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.

  3. It is specifically understood and agreed that the within license and the privilege hereby granted are subject to the following terms and conditions:

    1. 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;

    2. 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;

    3. That repairs (other than emergency repairs), servicing or washing of the motor vehicle(s) on the premises is prohibited;

    4. 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);

    5. 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;

    6. 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;

    7. 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;

    8. 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;

    9. 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;

    10. 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);

    11. 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

    12. LICENSEE shall comply with all applicable laws, rules, and regulations with respect to the license and privilege granted in this License Agreement.

  4. It is further understood and agreed that:

    1. 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;

    2. LICENSOR does not furnish, and is under no obligation to furnish, guard or security service in and about the PARKING LOT;

    3. 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;

    4. 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

    5. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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 1201, New York, NY 10023.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. This Agreement shall be governed and construed in accordance with the laws of the State of New York.

  16. 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.

LICENSEE:


By:



By:




Name of Registered Owner:  
Year, Make/Model & Color:  
Expiration Date of Registration:  
License Plate Number &
State (NY, NJ, etc.):
 
Day, Evening & Emergency Telephone Numbers:


 
Email Address:  



Rev. 8/3/09