LICENSE AND USE AGREEMENT
License Agreement made effective as of the day of , 201___, by and between DEXTER PARK CONDOMINIUM, (hereinafter “Dexter”) and
, (hereinafter “Licensee”).
WHEREASLicenseehas an interest in utilizing a portion of the Dexter Park common parking area for the purpose of parking cars and vans and Dexter is willing to allow Licenseeto utilize the said area for said purpose.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, and the foregoing being deemed incorporated hereinbelow, it is agreed as follows:
1.DESCRIPTION OF AREA.
1.1 Licenseeshall utilize ______parking spots asshown and defined in Exhibit “A” annexed hereto for the purposes described hereinabove and for no other purpose. Licensee shall be entitled to use no other part of the said common area.
2.TERM.
2.1This Agreement shall commence on the day of, 2013 @ 6:00amand shall terminate on the day of , 2013@ 6:00pm.
3.NATURE OF RELATIONSHIP ANDLICENSE FEE.
3.1It is specifically agreed by the parties that this Agreement is not intended to be construed as a Lease but is, rather, intended to be an Agreement permitting the licensing by Licenseeto utilize certain space designed as described hereinabove. Licensee shall abide by all Rules and Regulations as set forth in Exhibit “B” annexed hereto. Licenseeshall pay the License Fee to Dexter in the amount of , said amount to be paid in full in advance of Licensee’s use.
4.FITNESS FOR USE.
4.1Licenseeacknowledges that it has inspected the area described hereinabove and is satisfied that it is adequate for the use intended. Dexter shall have no liability in the event that Licensee determines that the area cannot be utilized for said purpose.
5.INDEMNIFICATION.
5.1Licensee shall indemnify and hold Dexter harmless from and against any and all losses, liabilities, claims, actions, damages and expenses (including, without limitation, reasonableoutside attorneys' fees, costs and disbursements, whether paid to retained attorneys or representing fees for legal services rendered to itself, at the then prevailing hourly rates for such partner, associate, or paralegal rendering such services) howsoever occasioned that may be incurred by Dexter arising out of Licensee’s usage of the area described hereinabove.
6.INSURANCE.
6.1 Licensee shall maintain at all times, throughout the term of this Agreement, liability insurance (personal injury insurance) covering any loss, liability, damage or claim in the aggregate amount of at least Five Hundred Thousand DOLLARS for each incident and at least One Million DOLLARS in the aggregate, for any matter alleged to have arisen from or relating to the Licensed Area and all parking related to the Areaexcept if due to the negligence or willful misconduct of Dexter. Dexter shall be named as an additional insured on said policy.
7.ENTIRE AGREEMENT ANDMODIFICATIONS.
7.1This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements and understandings, oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may not be changed orally, but only in writing with the same formality as this Agreement.
8.VENUE AND GOVERNING LAW.
8.1The venue for any action shall be in the Supreme Court of the State of New York, County of Rockland, without regard to principles of conflicts of law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to principles of conflicts of law.
IN WITNESS WHEREOF, the Parties have respectively signed and sealed this LICENSE AND USE AGREEMENT effective the day and year first above written.
DEXTERPARK CONDOMINIUM Licensee:
Signature:
By: John R. Lagana, Secretary
By:
Dexter Condo License & Use Agreement-1.1.doc