HomeMy WebLinkAboutNorth Fork Self Storage°~""`~ RESOLUTION 2008-772
~`~w p~~ ADOPTED
DOC ID: 4152
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-772 WAS
ADOPTED AT THE REGULAR MEETING OF THF, SOUTHOLD TOWN BOARD ON
AUGUST 26, 2008:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Sunervisor Scott A. Russell to execute an aereement for the Solid Waste Mana¢ement
llistrict with North Fork Self 5toraee in the amount of $6,110 for the term August 15, 2008 -
August 31, 2009 for secure storage of inventory, all in accordance with the approval of the Town
Attorney.
~~Q
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED (5 TO 1]
MOVER: Vincent Orlando, Councilman
SECONDER: Louisa Y. Evans, Justice
AYES: Ruland, Orlando, Wickham, Evans, Russell
NAYS: Albert Krupski Jr.
OCCUPANCY AGREEMENT
North Fork Self Storage
50 Commerce Drive
Cutchogue NY, 11935
Phone: (631)734-2177
Occupant: Town of Southold Solid Waste District UNIT#: 403
Address: PO BOX 962
City: Cutchogue State: NY Zip 11935
ORIGINAL
NOTICE: (1) THE MONTHLY OCCUPANCY CHARGE
ARE THE ACTUAL CHARGES YOU MUST PAY; and (2) THIS
AGREEMENT REQUIRES YOU TO CARRY INSURANCE ON THE PERSONAL PROPERTY
STORED IN YOUR SPACE!
North Fork Self Storage, hereinafter Owner, rents to occupant, and Occupant accepts, space, Unit# 403
monthly payment $ 640.00 ,pursuant to the following terms and conditions:
~1. TERM: The term of the occupancy shall commence on date indicated above and shall terminate on
$~~' t .Operator shall pro rate the rent of the first
month to reflect the portion of the month for which rent is charged.
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o e mina renta peno ere
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2. CHARGES: Charges shall be the amount stated above.
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" , ,- ~ ~ ~ wner wner reserves the right
to require that charges and other charges be paid in cash, good check, certified check or credit card.
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Prorated Monthly Charge $ W Ca ~ Y-C
First Full Months Occupancy Charges $ 640.00
Advance Occupancy Charges $ ~, y ~ D
(For __~ full months)
Administrative Set Up Fee $ 20.00 - h! C~ ~ `/ P
* * *Move in Promotion `~ I~ or1 L pt S ~ {' P ('i ~
TOTAL $ `~ , I Z O
3. CHANGE OF ADDRESS: Occupant(s) must provide address changes to operator in writing. Such
change will become effective only when acknowledged in writing by Operator. It is Occupant's
responsibility to verify that Operator has received and recorded the requested change of address.
rent is
AND OTJ~IER FEES: O
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agrees to pay
ccupant will
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other fee as
charge
-~.are-t~~pensate Operator fo~t"abor and
agrees to ay all collections an lien costs i.
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default,
6. TERMINATION: Thirty (30) days written notice given, in advance, by operator or Occupant to the
other party will terminate this tenancy. Except for the initial rental period, Operator does not prorate
rent; threfore, only full months' prepaid rent shall be returned to Occupant within fifteen (15) days of
vacating the unit. Occupant must leave the space broom clean and in good condition and must remove
its lock. A unit left with lock in place will continue to incur occupancy charges. Occupant is
responsible for all damages. Occupant must leave unit broom cleaned.
7. DENIAL OF ACCESS: When rent or other charges remain unpaid for ten (10) consecutive
days, Operator shall deny Occupant access to the storage space and shall take whatever actions
are permitted by law.
8. USE OF STORAGE SPACE: Operator is not engaged in the business of storing goods for hire
and no bailment is created under this agreement. Operator does not exercise care, custody or
control over Occupant's stored property. Occupant agrees to not store antiques, heirlooms,
collectibles or any property having special or sentimental value to Occupant. Occupant waives
any claim for emotional or sentimental attachment to the stored property. Occupant agrees not
to store property with a total value in excess of $5,000 without the written permission of the
Operator. If such written permission is not obtained, the value of Occupant's property shall be
deemed not to exceed $5,000. Nothing herein shall consitute an agreement or admission by
Operator that Occupant's stored property has any value, nor shall anything alter the release of
Operator's liability set forth below.
Occupant agrees to store only goods of which occupant is the sole and exclusive owner. Operator
shall not be liable to Occupant or any third person for the removal or sale of personal peroperty which
is not Occupant's property or upon which a prior lien has attached, unless the Occupant notifies
Operatior in the space provided. LIST STORED PROPERTY NOT OWNED BY OCCUPANT OR
UPON WHICH THERE IS A LIEN, TOGETHER WITH LIEN HOLDER'S NAME AND ADDRESS.
(IF NONE, WRITE "NONE"):
9. HAZARDOUS, TOXIC MATERIALS and FLAMMABLE and COMBUSTIBLE LIQUIDS and
GASES PROHIBITED: Occupant is strictly prohibited from storing or using materials in the storage
space or on the facility classified as hazardous or toxic under local, state or federal law or regulation,
and from engaging in any activity which produces such materials. This prohibition extends to
flammable and combustible liquids and gases, except as permitted by law. Occupant's obligation of
indemnity as set forth below specifically includes any costs, expenses, fines or penalties imposed
against the Operator, arising out of the storage or use of any hazardous or toxic material or flammable
or combustible liquid or gases by Occupant, Occupant's agents, employees, invitees or guests. Operator
may enter the storage space at any time to remove and dispose of prohibited items and may involve the
appropriate governmental authorities where necessary, without any liability to the Operator or its
agents.
10. INSURANCE: Occupant, at Occupant's expense, shall maintain insurance loss or damage to its
stored personal property in an amount at least equal to the actual cash value of stored property.
Insurance on Occupant's property is a material condition of this agreement and is for the benefit of both
Occupant and Operator. Failure to carry the required insurance is a breach of this agreement and
Occupant assumes all risk of loss to stored property that would be covered by such insurance.
Occupant expressly agrees that the insurance company providing such insurance shall not be subrogated
to any claim of Occupant against Operator, Operator's agents or employees for loss of or damage to
stored property.
11. RELEASE OF OPERATOR'S LIABILITY FOR PROPERTY DAMAGE: All personal property
stored within or upon the storage space by occupant shall be at occupant's sole risk. Operator and
Operator's agents and employees shall not be liable for any loss of or damage to any personal property
in the storage space or at the self storage facility arising from any cause whatsoever.
12. RELEASE OF OPERATOR'S LIABILITY FOR BODILY INJURY: Operators and operators
agents and employees shall be liable to Occupant (and their invitees) for bodily injury damage solely to
the extent that it can be shown that the Operator was wanton, reckless, or otherwise grossly negligent in
the use and operation of the facility. There must be prior notice of a defective condition prior to any
claim becoming valid so as to afford the Operator / Owner an opportunity to cure or tix said defect.
Absent the conduct and /or notice provision above, no liablility shall attach for personal injury or bodily
damage
13. INDEMNITY: Occupant agrees to indemnify, hold harmless and defend Operator from all claims,
demands, actions or causes of action (including reasonable attorneys' fees and all costs) that are
hereinafter brought by others arising out of Occupant's use of the storage space and the self storage
facility, including claims for Operator's active negligence.
14. LOCKS: Occupant shall provide, at Occupant's expense, a lock that occupant deems sufficient to
secure its space. If the space is found unlocked, Operator may, but is not obligated to, take whatever
measures Operator deems reasonable to re-secure the space, with or without notice to Occupant.
15. RULES AND REGULATIONS: Operator shall have the right to establish or change the hours of
operation for the facility and to promulgate rules and regulations for the safety, care and cleanliness of
the storage space or the preservation of good order on the facility. Occupant agrees to follow all rules
and regulations now in effect or that may be put into effect from time to time.
16. OCCUPANT ACCESS: Occupant's access to the storage facility may be conditioned in any manner
deeemed reasonably necessary by Operator to maintain order. Such measures may include, but are not
limited to, limiting hours of operation, requiring verification of Occupant's identity, refusing entry to
facility or to occupant's space by anyone other than occupant, and inspecting vehicles that enter the
storage facility.
17. NO SUBLETTING: Occupant shall not assign or sublease the storage space without the written
permission of the Operator. Operator may withhold permission to sublet or assign for any reason or for
no reason in Operator's sole discretion.
18. OPERATOR'S RIGHT TO ENTER: Occupant grants Operator, Operator's agents or
representatives of any government authority, including police and fire officials, access to the storage
space upon three (3) days advanced written notice to Occupant. In the event of an emergency,
Operator, Operator's agents or representatives of governmental authority shall have the right to enter the
storage space without notice to Occupant and take such action as may be necessary or appropriate to
protect the storage facility, to comply with applicatble law, or enforce Operator's rights.
19. PROPERTY LEFT IN THE STORAGE SPACE: Occupant agrees that Operator may dispose of any
property left in the storage space or on the storage facility by Occupant after Occupant has terminated
his/her tenancy. Occupant is responsible for paying all costs incurred by Operator in disposing of such
property.
20. WAIVER OF JURY TRIAL: Operator and Occupant waive their respective right to trial by jury of
any cause of action, claim, counterclaim, or cross complaint in any action brought by either Operator
against Occupant, or Occupant against Operator, or Operator's agents or employees, on any matter
arising out of, or in any way connected with this occupancy agreement, Occupant's use of the storage
space or this storage facility, or any claim of bodily injury or property loss or damage, or the
enforcement of any remedy under any law, statue or regulation. This jury trial waiver is also made by
Occupant on behalf of any of Occupant's agents, guests or invitees.
21. NOTICES: All notices required by this Occupancy Agreement shall be sent by first-class mail
prepaid to Occupant's last known address. Notices shall be deemed delivered when deposited with the
United States Postage Service, properly addressed with postage paid. All statutory notices shall be sent
as required by law.
22. NO WARRANTIES: No expressed or implied warranties are given by Operator, Operator's agents
or employees as to the suitability of the storage space for Occupant's intended use. Operator disclaims
and Occupant waives any implied warranties of suitability or fitness for a particular use.
23. NO ORAL AGREEMENTS: This occupancy agreement contains the entire agreement between
Operator and Occupant, and no oral agreements shall be of any effect whatsoever. Occupant
acknowledges that no representations or warranties have been made with respect to the safety, security
or suitability of the storage space for the storage of Occupant's property, and that Occupant has made
his own determination of such matters solely from inspection of the storage space and the facility,
Occupant agrees that he is not relying, and will not rely, upon any oral representation made by Operator
or by Operator's agents or employees purporting to modify or add to this occupancy agreement.
Occupant understands and agrees that this agreement may be modified only in writing, signed by both
parties.
24. SUCCESSION: All provisions of this occupancy agreement shall apply to and be binding upon all
successors in interest, assigns or representatives of the parties hereto.
25. ENFORCEMENT: If any part of this occupancy agreement is held to be unenforceable for any
reason, in any circumstance, the parties agree that such part shall be enforceable in other circumstances
and that all the remaining parts of this agreement will be valid and enforceable.
Occupants Signature:
G~+ Date: 1 ~_T l U P
Operator/Manager's Signature:
Date: ~ ~ ~ ~ ~ 0 b