Storage Space Occupancy Agreement NOTICE - THE MONTHLY OCCUPANCY CHARGES AND OTHER CHARGES STATED IN THIS AGREEMENT ARE THE ACTUAL CHARGES YOU MUST PAY. INSURANCE IS OCCUPANT'S RESPONSIBILITY. OCCUPANTS STORE THEIR GOODS AT THEIR OWN RISK. THE OPERATOR DOES NOT MAINTAIN INSURANCE ON OCCUPANT'S PROPERTY STORED IN THE STORAGE SPACE. Riverwalk 7, L.L.C. c/o Related Management Company, L.P., as Agent 480 Main Street New York, New York 10044 (212) 292-2840 AGREEMENT dated, between Riverwalk 7, L.L.C., ("Operator") for the purposes of this Agreement and ("Occupant"). 1. INFORMATION. Occupant represents the following information is correct and understands Operator will reply on such information. Occupant will immediately notify Operator in writing of any changes to the following Occupant's Name: Name Address: c/o If Applicable Street Address Apt # City State Zip Code Home Telephone ( ) Area Code Phone # Work Telephone ( ) Area Code Phone # 2. LOCATION AND TERM. Operator will permit Occupant to use storage space no. ("Storage Space") in the self-service storage room at 480 Main street, New York, New York ("Premises") beginning on, 201, and continuing on a month to month basis until either Operator gives 30 days written notice or Occupant gives 30 days written notice canceling this Agreement and fixing the date of termination. 3. OCCUPANCY CHARGE (A) The Occupancy Charge will be $ per month payable in advance, without notice by mail to operator, on the 1st day of each month (the Occupancy Charge ). (B) The monthly Occupancy Charge may be increased at the Operators discretion. If Occupant does not wish to pay any increased charge then Occupant or Operator may cancel this Agreement. 4. SECURITY DEPOSIT No security deposit is being collected from Occupant at the time of the execution of this Agreement. Occupant however agrees that any security deposit deposited with Operator for an apartment in the Premises shall also be intended to cover Operator against damages sustained by Operator with respect to the storage space. 5. DECLARED VALUE OF PROPERTY Occupant declares and represents that the total value of the property which Occupant has and will place in the storage space does not exceed $5.00 per square
foot of floor space rented by Occupant. Nothing herein shall constitute any agreement or admission by Operator that Occupant's stored property has any value. 6. USE The storage space will be used for the storage of Occupant's personal property (which will at all times be owned only by Occupant), and for no other purpose. Occupant will not store any (a) animals, (b) food, (c) inflammable, combustible, explosive or other dangerous items, (d) construction materials, (e) items prohibited by either Federal, State, Municipal law to be stored in storage lockers or in residential apartments buildings, (f) items which have an objectionable odor or which may spoil or decay or cause spontaneous combustion, or (g) any items which in the sole opinion of Operator or Operator s insurance carrier, impairs the insurance coverages being furnished or results in the increase of any insurance premiums. Occupant will not (i) interfere with another Occupant, (ii) store any personal property in the facility outside the Storage Space, (iii) allow any other person to use the Storage Space, or (iv) deface Storage Space for residential purposes. Occupant will at all times keep the Storage Space locked. The Storage Space will be at all times under the exclusive control of Occupant. 7. LOCKS Occupant agrees that Occupant shall provide all locks for the Storage Space. 8. END OF TERM AGREEMENT On the day the term of this Agreement ends, Occupant will deliver possession of the Storage Space empty, broom clean and in the same condition as it was on the date of this Agreement, except for ordinary wear and tear. Any personal property not removed on the date of the term of this Agreement ends will be disposed of at Occupant's cost. If Occupant remains in possession of the Storage Space after the 1st day of the month, an Occupancy Charge shall be imposed for the entire month. 9. OCCUPANT'S INSURANCE Occupant shall and as a condition of Occupant's use of the Storage Space, maintain all risk insurance on the contents of the Storage Space including fire and extended coverage in amounts, at least equal to the value of the contents or such other reasonable amount which Operator may require, whichever is greater. If Occupant s personal property is lost or damaged by casualty, Occupant will make a claim only against Occupant's insurer and not against Operator. Any insurance carried by Operator or by Occupant is for the sole benefit of the party carrying such insurance. Each party waives its rights to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive the right of their respective insurers in subrogation. Operator is not required to maintain insurance for the Storage Space 10. OPERATOR'S NON-LIABILITY Operator shall not be liable for personal injuries or property damage to any person or property, nor shall Operator be liable for any loss caused by theft, mysterious disappearances, vandalism, wrongful action, fire, water, hurricane, rain and explosion, act of God, or any other cause whatsoever, unless any such loss or damage is due to Operator's willful wrongdoing or gross negligence. 11. SALES AND OCCUPANCY TAX Operator is required to collect sales tax from Occupant. Occupant may be liable for Occupancy Tax payable to the State of New York and City of New York. The payment of any Occupancy Tax which may be due on account of the rental or occupancy of the Storage Space is the sole responsibility of the Occupant. Notwithstanding the provisions of this Paragraph 11 to the contrary, if Operator is required by any taxing authority to collect Occupancy Tax, Operator shall collect such tax from Occupant, said sum to be added to the Occupancy Charge set forth in Paragraph 3 as the same may from time to time be charged. 12. LIMITATION OF LIABILITY Regardless of the value of the property in the Storage Space, Occupant agrees that under no circumstances will Operator be liable for any damage to property stored in the Storage Space in an amount greater than $5.00 per square foot of floor space of the Storage Space.
13. NO SERVICES BY OPERATOR; ACCESS BY OPERATOR AND OCCUPANT. (A) Operator shall supply lighting to the room in which the Storage Space is located, and no other utilities or services. (B) The stoppage of any services provided by Operator or the temporary exclusion of Occupant from the Storage Space will not entitle Occupant to any reduction of the Occupancy Charges or create any liability or obligation of Operator to Occupant. (C) Operator will not enter occupant's Storage Space except in case of an emergency. If Operator must enter the Storage Space due to any emergency, (a) The lock may be removed and replaced with another lock, or (b) Operator may transfer Occupant's belongings to another storage space and affix another lock thereto. If Operator must act pursuant to (a) or (b), Operator shall mail all keys to such lock to Occupant's last known address. No such entry or transfer to another storage space will entitle Occupant to any reduction of the Occupancy Charge or create any liability or obligation of Operator to Occupant. 14. DAMAGE TO PREMISES Occupant agrees that Occupant will not damage his Storage Space or any other portion of Operator's Premises any way or permit anyone else to cause such damage. If Occupant causes such damage, Occupant shall pay to the Operator the reasonable cost of repairs, which cost shall be determined by Operator in its sole discretion. 15. SUBLEASE OR ASSIGNMENT Occupant agrees that Occupant will not sublease or assign any portion of his Storage Space or any of Occupant s right under this Agreement, without prior written consent of Operator which consent may be withheld for any reason or no reason at all. It is a condition of this Agreement that Occupant be a resident of the Building, 480 Main Street, New York, New York. 16. OPERATOR IS NOT IN THE WAREHOUSE BUSINESS Operator is not engaged in the business of storing property for hire, nor is it in the warehouse business. Operator is in the business of leasing apartments for residential purposes and has created a storage room to accommodate the requests of residents of its building for additional space to store their personal property. Operator and Occupant specifically agree that a Landlord-Tenant relationship exists between them. Occupant and Operator further agree that Occupant is not "bailor" and Operator is not a "bailee". Operator has absolutely no duty or obligation to perform with respect to the contents of the Storage Space and has no care, custody, and control over the contents of the Storage Space. Operator has not, and will not issue any warehouse receipt, bill of lading or other document of title for the personal property stored in the Storage Space. The Occupancy Charge is solely for the rental of the Storage Space. 17. SELF-SERVICE STORAGE ROOM The Storage Space is in a self-service storage room. Operator assumes no responsibility for Occupant's handling of his own property. Occupant agrees that Occupant handles Occupant s own property completely at Occupant s own risk. 18. OTHER OCCUPANTS Occupant agrees that Occupant s use of the Storage Space shall not interfere in any way with the use of the units rented by other occupants. 19. OPERATOR'S LIENS AND REMEDIES If any of the following events occur Occupant shall be deemed to be in default of this agreement: (i) If Occupant fails to pay the Occupancy Charges. (ii) If Occupant fails to comply with any terms of this Agreement. (iii) If Occupant is in default of any monetary or nonmonetary obligations to Operator pursuant to any lease entered into between Operator and Occupant for an apartment in the building in which the Storage Space is located.
In the event Occupant shall be in default of (i) Operator may in its sole discretion make a demand or give any notice to Occupant that payment is past due. Should Occupant fail to comply with such demand or notice within the time required by law, Operator may declare this Agreement terminated, evict Occupant from Storage Space by nonpayment summary proceeding and dispose of Occupant's personal property In the event Occupant shall be in default of (ii) or (iii) if given by Operator above, Operator shall have the right to serve a five (5) days written notice of termination upon Occupant and upon the expiration of said five (5) days, this Agreement shall expire as fully and completely as if said date was the date originally reserved in the Agreement as the natural expiration of the term of the Agreement and Occupant shall thereupon quit and surrender possession of the Storage Space to Operator, but otherwise remain liable under this Agreement. In the event that Occupant shall fail to surrender possession of the premises, Operator may at Operator's election dispossess Occupant by summary proceedings. Even if Operator should dispose of Occupant's property, Occupant will still be personally liable for any Occupancy Charges and other charges that are still owing to Operator after Occupancy property has been sole or disposed of. 20. OCCUPANT'S INDEMNIFICATION Occupant will defend, protect, indemnify and save harmless Operator of, from and against all liabilities, obligations, damages, penalties, claims, causes of action, costs, fees, charges and expenses, including but not limited to attorneys' fees and expenses and expenses of employees, which may be imposed upon or be incurred by or against Operator by reason of or in connection with any of the following: (A) Any default or failure on the part of Occupant to perform or observe any of the terms, covenants, provisions or conditions on the part of Occupant to be performed or observed under this Agreement; (B) Any accident, injury, damage or loss to any person or property occurring in or about the building of which the demised premises forms a part alleged or claimed to arise out of any act, omission or thing, done or claimed to have been done or omitted to be done or related to Occupant or any of its agents, contractors, servants, employees, licensees, invitees or any other person, firm, corporation, association or other entity retained by or in any way associated with Occupant. 21. NO ORAL AGREEMENTS This Agreement states the entire Agreement between Occupant and Occupant and there are no representations or agreements between them. No agreement or waiver will be effective unless in writing and signed by Operator and Occupant, except for an increase in the Occupancy Charge of which Occupant is notified in accordance with the provisions of this Agreement. 22. NO WAIVER OF AGREEMENT TERMS The failure of Operator on previous occasions to take action for non-compliance with this Agreement will not prevent Operator from taking action for subsequent non-compliance. The receipt of any charge with knowledge of non-compliance is not a waiver of non-compliance 23. NOTICES Any notice given under this Agreement or pursuant to law to Occupant must be in writing and will be sufficient if personally delivered or sent by first class mail to the address for Occupant specified in Paragraph 1. Any notice given under this Agreement or pursuant to law to Operator must be in writing and will be sufficient if sent by certified mail, return receipt requested to the address for Operator specified in Paragraph 1 with an additional copy to the address to which Occupant was required to forward the Occupancy Charge in the month in which notice is given. 24. WAIVER OF TRIAL BY JURY; NO COUNTER- CLAIMS Each party waives trial by jury in any action, proceeding or counterclaim (except for bodily injury or property damage). If Operator commences a special proceeding, no counterclaims will be brought by Occupant in such proceedings, except if permitted by statute. 25. BINDING EFFECT OF AGREEMENT This Agreement will bind and benefit Operator and
Occupant and their respective heirs, executors, administrators, successors and assigns. If any provision in this Agreement should be invalid or unenforceable, only that provision will be affected. The rest of this Agreement will remain valid, enforceable and in full force and effect. GOVERNING LAW This Agreement shall be governed by the laws of the State of New York and any action thereon shall be maintained in a New York State Court of appropriate jurisdiction. 27. GENDER Whenever possible or appropriate in the Gender Natural Interpretation of this agreement, the masculine gender shall be deemed to include the feminine or the neuter, the singular shall include the plural, and vice versa.
IN WITNESS WHEREOF, Operator and Occupant have signed this Agreement on the date first above written. OCCUPANT'S SIGNATURE By Date OPERATOR Riverwalk 7, L.L.C. by Related Management Company L.P., as Agent By Date