Nohotel Package 634692326443235890 (PDF)

LICENSE AGREEMENT
This Agreement, effective as of ___________, between ________ (“Licensor”) having an address at ________
and _________ (“Licensee”) having a permanent address at ________________________________________________.

WHEREAS, Licensee wishes to receive a license to
use the [furnished/unfurnished] space located at ____
(“Premises”), in the building located at ________(“Building”)
pursuant to the terms of this License Agreement
(“Agreement”);
WHEREAS, Licensee acknowledges and agrees
that this Agreement and the license granted herein may be
revoked at any time in the event that Licensee does not
comply with the terms and conditions of this Agreement and
that Licensee is explicitly waiving any and all tenancy
and/or other property rights to the Premises;
WHEREAS, in reliance on Licensee’s agreement
that the license can be revoked at any time if the Licensee
does not comply with the terms and conditions hereof and
on the basis of the other terms and conditions contained in
this Agreement, Licensor wishes to give license to Licensee
on the terms contained herein for the Premises;
NOW THEREFORE, in consideration of the
forgoing recitals, promises, conditions, agreements and
covenants herein contained and for other good and
valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties, each of them
intending to be fully and legally bound, agree as follows:
1. RECITALS. The recitals are fully incorporated into this
Agreement as fully effective terms of this Agreement.
2. LICENSE.
a. Licensor hereby grants to Licensee a license (the
“License”) to use the Premises in their current, “AS-IS”
condition as of the Commencement Date (as hereinafter
defined), solely for personal occupancy by Licensee for the
term set forth hereinbelow and for no other use. Access to
the roof is strictly prohibited, except in the event of a fire in
the Premises or Building.

to create a lease, sublease, or any other interest in real
property in favor of Licensee, but merely creates a license
in accordance with the terms hereof. All of Licensee’s
rights hereunder are purely contractual and Licensee shall
not receive or claim to have received, whether expressly or
implicitly, any in rem rights regarding the Premises, the
Building, or any part of any of them or anything contained
therein. The License hereunder is granted to the Licensee
on an individual basis only and may not be transferred to
any other person or entity under any circumstances.
Licensee acknowledges and agrees that (i) the License
provides no rights whatsoever to Licensee under the
Licensor’s lease; (ii) Licensee is not in privity with
Licensor’s landlord and that no such privity with said
landlord shall be deemed to exist as a result of this
Agreement and the License granted hereunder, and (iii)
Licensee agrees to be subject to and bound by the
obligations, rights and remedies, if any, set forth in this
Agreement.
3. PAYMENT.
a. In consideration for the License hereunder and for the
use of the Premises commencing on the Commencement
Date and ending on the Expiration Date, in lawful money of
the United States, Licensee shall pay in advance to
Licensor the amount of $____ ($____/month) (“License
Fee”). Licensor shall provide Time Warner High Speed
Internet and High Definition Cable Television to Licensee to
the extent of Seventy Dollars ($70.00) per month; any costs
in excess of such amount and any costs for electricity, gas,
or other consumables (“Additional Charges”) shall be billed
to the Licensee and Licensee shall pay such Additional
Charges upon receipt of Licensor’s invoice.

b. In addition, simultaneously with the execution of this
b. The term of this Agreement shall commence on ______ Agreement, Licensee shall give to Licensor a service
(“Commencement Date”) and expire on _______ retainer (the “Service Retainer”) in the amount of $3,000, as
(“Expiration Date”).
security for Licensee’s compliance with the terms and
provisions of this Agreement. The Service Retainer, or any
c. During the term of the License, provided Licensee is not unapplied portion thereof, without interest thereon, shall be
in default hereunder, Licensor shall not permit any other refunded to Licensee as set forth below. Licensor will
person or entity to use the Premises. Notwithstanding the maintain the Service Retainer in a non-interest bearing
above, Licensor and its agents shall at all times have account in which other service retainers or funds may also
unfettered access to the Premises for the purpose of be kept. Licensee agrees that in the event Licensee
inspecting and maintaining the same and in the course of defaults in respect of any of the terms, provisions and
carrying out such actions and/or maintenance. Licensor conditions of this Agreement, including but not limited to
shall not be required to provide notice to Licensee as a failing to vacate the Premises on the Expiration Date,
condition precedent to any such maintenance or action.
Licensor may use, apply or retain the whole or any part of
the Service Retainer to the extent required for the payment
d. The License and this Agreement shall in no way be of any License Fee, Increased License Fee and/or
construed as granting to Licensee any title, easement, lien, Additional Charges, fees or other sums which Licensor may
possession or any property interest in, or rights to, the expend, or may be required to expend, by reason of
Premises, the Building, or any part of any of them or Licensee’s default in respect of any of the terms, covenants
anything contained therein. This Agreement is not intended
Initials (Licensor) _______
Initials (Licensee) _______

and conditions of this Agreement. If at any time during the
term hereof any portion of the Service Retainer is used by
Licensor, Licensee agrees to replenish such portion upon
demand. In the event that Licensee shall fully and faithfully
comply with all of the terms and provisions of this
Agreement, the Service Retainer, or such unused balance
thereof, shall be returned to Licensee within thirty (30) days
following the Expiration Date, provided that Licensee is in
full compliance with the terms and conditions hereof, the
Licensee vacates the entire Premises, and Licensee returns
the Premises, all furnishings of the Premises and all keys to
Licensor.

than three (3) days late, Licensee shall pay interest at the
greater of (i) a rate of one and one-half (1.5%) percent per
month; or (ii) the highest rate of interest permissible by law
(the “Interest Rate”) on any and all amounts owed by
Licensee, accruing from the date first due until the date all
such amounts are fully paid. This provision shall survive
the expiration or sooner termination of this Agreement.
4. NEGATIVE COVENANTS.
covenants and agrees as follows.

Licensee

expressly

a. Licensee expressly covenants and agrees that it shall
not transfer, assign, sublet, sublicense, encumber or make
c. Licensee hereby agrees that the Premises shall be any other transaction or use of, Licensee’s rights under the
subjected to a standard cleaning following the Expiration License, the Premises, or any portion thereof under any
Date and a cleaning service fee of Seventy-Five Dollars circumstances.
($75.00) shall be paid by Licensee, which sum shall be
deducted from the Service Retainer. This paragraph 3(c) b. Licensee shall not conduct any illegal activity at the
shall in no way limit any of Licensor’s rights against Premises, the Building or any portion thereof.
Licensee under this Agreement or at law in the event of that
the Premises are damaged or require any repairs or other c. Licensee shall not conduct any activity that is generally
regarded as offensive to other people, such as involvement
cleaning beyond the standard cleaning set forth herein.
in hate groups and/or their ideologies, involving
d. Licensor and Licensee acknowledge and agree that pornographic or sexually explicit materials, involving
(i) the Premises is a unique space at a unique location, obscenities, whether written, oral or in any form or medium
(ii) should Licensee continue to occupy the Premises after known or to be created.
the expiration or sooner termination of this Agreement
pursuant to the terms hereinbelow, Licensor would be d. Licensee shall not conduct any activity which may be
irreparably harmed and would be entitled to actual and hazardous to other persons in the Premises or the Building.
consequential damages, (iii) the amount of such damages Licensee shall not litter the Premises or the Building or the
would be difficult to determine, and (iv) Licensee does not surrounding areas and shall refrain from creating excessive
wish to be liable for consequential damages. Licensor, disorder in or around the Premises and/or the Building.
though willing to seek consequential damages, is also
e. Licensee shall not at any time create excessive noise or
willing to waive its right to the same, provided Licensee
sound in or around the Premises and/or the Building.
agrees to pay a liquidated sum in lieu of such consequential
damages. Accordingly, Licensor and Licensee agree that if f. Except as otherwise expressly set forth herein,
Licensee should continue to occupy the Premises after the Licensee shall not at any time make any changes,
Expiration Date or any earlier termination of this alterations, decorations, installations, additions or
Agreement, Licensor will not seek consequential damages improvements in, at or around the Premises, the Building,
and Licensee shall pay use and occupancy charges for or any part thereof.
each day that Licensee continues to use or occupy all or
any part of the Premises an amount equal to (i) the Five g. Licensee, its agents, employees and/or invitees shall
Hundred Dollars ($500.00) per day Licensee fails to vacate not at any time engage in any actions which violate the
the Premises (“Increased License Fee”), and (ii) an amount terms and provisions of Licensor’s lease or insurance policy
equal to all items of Additional Charges under this covering the Premises and/or the Building.
Agreement, pro-rated for each day Licensee fails to vacate
the Premises following the Expiration Date. Licensee 5. REPRESENTATIONS AND COVENANTS.
agrees that the Increased License Fee shall be paid to
Licensor each and every day following the Expiration Date a. Licensee represents and covenants that Licensee is
at 11:00 A.M. at Licensor’s address or at such other aware that Licensor’s rights in the Premises arise pursuant
location as Licensor may instruct Licensee from time to to Licensor’s lease with the owner of the Building in which
time. In the event Licensee fails to vacate the Premises on the Premises are located and that the License, this
the Expiration Date, such Increased License Fee shall be Agreement and all of Licensee’s rights hereunder are
due to Licensor by Licensee in addition to all fees, costs subject and subordinate to the provisions of such lease,
and expenses set forth in this Agreement or to which including the House Rules thereof.
Licensor may be entitled to under the law.
b. Licensee represents and covenants that no privity or
e. In the event of any failure to pay by Licensee, Licensee other contractual relationship exists with the owner of the
agrees that if the License Fee, Increased License Fee Building by virtue of this Agreement and Licensee expressly
and/or Additional Charges, or any portion thereof, is more
Initials (Licensor) _______

Initials (Licensee) _______

waives any rights it may have if any such privity or other invitees of any covenant or condition of this Agreement, and
relationship is deemed to exist or be created hereby.
(iv) all claims arising from the carelessness, improper
conduct or any negligent or other act or omission of
c. Notwithstanding anything contained anywhere in this Licensee or any of its partners, directors, officers,
Agreement to the contrary, Licensee hereby represents and employees, agents, employees invitees or contractors.
expressly covenants that this Agreement shall not be Licensee hereby waives any and all rights of recovery
construed as creating a Landlord-Tenant relationship, nor against Licensor, and against the directors, licensors,
shall the payment of the License Fee, Increased License officers, agents, servants and employees of the Licensor,
Fee, Additional Charges or any other sums pursuant to this for loss of or damage to its property or the property of
Agreement entitle the Licensee to any possessory or agents, employees, or invitees of Licensee or others under
occupancy rights with respect to the Premises, or any its control. Notwithstanding the above, however, Licensee
portion thereof.
acknowledges and agrees that should Licensee obtain a
judgment or other remedy from a court of competent
d. In the event Licensee fails to vacate the Premises upon jurisdiction, the maximum liability of the Licensor to
the Expiration Date and Licensor is required to file an action Licensee, its agents, employees and/or invitees will not in
with the court to recover the Premises, Licensee waives any event exceed the License Fee, less the Increased
any and all defenses (including, without limitation, all License Fee and/or Additional Charges relating thereto.
jurisdictional
defenses),
affirmative
defenses,
or
counterclaims to any proceeding commenced by Licensor 7. DAMAGE TO PREMISES. Licensee shall be liable to
in connection with the Premises, including but not limited to Licensor for all damage caused to the Premises and the
an eviction proceeding and any proceeding to recover any contents (including but not limited to the furnishings),
fees or costs, including but not limited to reasonable fixtures and components thereof beyond regular wear and
attorney’s fees. Licensee further acknowledges receipt of tear, due or attributable to any act or omission of Licensee,
the predicate notice required under New York RPAPL its agents, employees, and/or invitees. Neither Licensor
Section 735 and waives any and all defenses in connection nor any of Licensor’s Indemnified Parties will be liable in
with such predicate notice, or any other type of predicate any manner to Licensee for any injury, damage or loss,
notice whether prescribed in this Agreement or at law, as including, without limitation, inconvenience, annoyance or
relates to any eviction or other proceeding commenced by injury, nor shall there be a reduction of the License Fee,
Licensor in connection with the Premises.
Increased License Fee, Additional Charges, fees or other
sums, or any obligation of Licensee hereunder, and
e. Licensee acknowledges that the Premises are not Licensee shall not be entitled to any right of setoff in
subject to Rent Stabilization Laws or similar rules and/or connection with any matter, including without limitation
regulations.
(i) making or not making repairs or changes, (ii) the
interruption of any service or utility, (iii) the inability to fulfill,
6. LICENSEE’S PROPERTY LOSS AND DAMAGE. or delay in fulfilling, any obligation of Licensor for any
Licensor shall not be liable under any circumstance reason beyond Licensor’s control, or (iv) Licensee’s failure
whatsoever for any loss, injury or damage to any person or to arrange for any utility or services.
property of Licensee, its agents and/or invitees, resulting
from any cause whatsoever, including but not limited to 8. INSURANCE. Licensee, at its expense, shall maintain
negligence, theft, vandalism, acts of god, rodents, flood, at all times during the term of this Agreement, insurance
fire, acts of terrorism and riots, except if such damage is adequately covering Licensor and Licensee for loss,
caused by the direct gross negligence or willful misconduct property damage, injury to Licensor or Licensee, their
of Licensor. Licensor shall not be liable for any such loss, agents, employees, or invitees, business interruption,
injury or damage caused by or attributable to any other prevention of or denial of use of or access to all or part of
Licensee, occupant or person in, upon or about the the Premises or the Building, personal injury, business auto
Premises or the Building, or caused by operations in liability insurance and any other type of insurance which
construction of any private, public or quasi public work. may cover any foreseeable problems which may arise due
Licensee will defend, indemnify, and hold harmless to the Licensee’s use of the Premises. If Licensee shall fail
Licensor, the Licensor of the Building and each of their to carry such insurance, Licensor shall not be liable in any
respective members, officers, partners, principals, directors, manner. Licensee represents that Licensor has informed
affiliates, shareholders, employees, servants, and agents Licensee that adequate insurance must be maintained at all
(collectively, the “Licensor’s Indemnified Parties”), from and times.
against any and all suits, claims, causes of action, liabilities,
losses, costs, damages and expenses of whatever kind 9. TERM AND TERMINATION.
(including, but not limited to attorneys’ fees, disbursements
and court costs) arising in any manner, directly or indirectly, a. Licensor may immediately and without the need to give
out of or in connection with or incident to (i) any occurrence, prior written notice to Licensee terminate this Agreement (i)
accident or disaster in, at or about the Premises, or in and upon any breach of this Agreement by Licensee, its agents,
about or adjacent to any portion or the exterior of the employees, or invitees, whether or not such breach is later
Building, (ii) Licensee’s use of the Premises, (iii) any breach corrected by Licensee, or (ii) upon expiration of Licensor’s
by Licensee, Licensee’s agents, contractors, employees or
Initials (Licensor) _______
Initials (Licensee) _______

lease and/or Licensor’s right to license the Premises, as arise out of this transaction. The foregoing shall survive the
provided for therein.
expiration or sooner termination of this Agreement.
b. On or prior to the Expiration Date of the License,
Licensee shall forthwith remove all of its property from the
Premises. Licensor shall be entitled to retain or dispose, at
Licensee’s sole cost and expense, any of Licensee’s and/or
any third party’s property remaining in, on or about the
Premises after the Expiration Date, and Licensee hereby
waives any claims or demands regarding such property.

e. During the term of the License, Licensee shall have
24/7 access to the Premises. Licensee shall receive one
(1) set of keys to the Premises. Additional sets of keys
shall be provided to Licensee at an amount to be
determined and available upon request from Licensor; the
current rate is $25.00 per set. Licensee agrees to return all
keys upon leaving the premises on the expiration date.

c. If Licensee fails to vacate the Premises on the
Expiration Date or sooner termination of this Agreement,
then, in addition to paying for the Increased Licensee Fee
of the Premises as set forth hereinabove, Licensee shall
indemnify and hold Licensor harmless from and against all
liabilities, obligations, damages (excluding consequential
damages), penalties, claims, costs, charges, and expenses,
including reasonable attorneys’ fees and disbursements,
arising from or in connection with any delay in Licensee in
timely delivering vacant possession of the Premises to
Licensor, including, without limitation, any damages arising
out of any lost opportunities by Licensor to license, lease or
sublease the Premises (or any part thereof).

f. Except as otherwise provided in this Agreement, any
bill, statement, notice, communication or demand
(collectively, “Notice”) from Licensor to Licensee shall be
deemed sufficiently given or rendered if in writing and
delivered in person, by overnight mail or mailed to Licensee
by certified mail, return receipt requested, at the Premises.
Such Notice shall be deemed to have been given at the
time of delivery or mailing. Any Notice to Licensor under
this Agreement must be in writing and must be sent by
certified mail, return receipt requested, to the address set
forth hereinabove. Notice(s) as mentioned herein shall
include, but not be limited to all warning letters, letters of
default, letters in which Licensee is put on notice regarding
delinquency of License Fee, notice of breach of this
10. MISCELLANEOUS.
Agreement by Licensee, and any notice of termination
which requires Licensee to vacate the Premises, or any
a. Licensor shall not be deemed by any act or omission, to portion thereof.
have waived any of its rights or remedies hereunder unless
such waiver is in writing and signed by Licensor, and then g. Licensee states that Licensee has read this Agreement
only to the extent specifically set forth in such writing.
and that it fully incorporates all understandings,
representations and promises made to Licensee by
b. If the application of any provision or provisions of this Licensor and/or Licensor’s agent and that this Agreement
Agreement to any particular facts or circumstances shall be supercedes all prior representations, agreements and
held to be invalid or unenforceable by any arbitrator or court promises, whether oral or written. This Lease may only be
of competent jurisdiction, then: (i) the validity and changed or amended in a writing signed by the parties
enforceability of such provision or provisions as applied to hereto.
any other particular facts or circumstances and the validity
of other provisions of this Agreement shall not in any way
be affected or impaired thereby; and (ii) such provision or
provisions shall be reformed without further action by the
Parties and only to the extent necessary to render such
provision or provisions valid and enforceable when applied
to such particular facts and circumstances.
c. This Agreement does not confer, and nothing express
or implied herein is intended to confer, nor shall anything
herein be deemed to confer, upon any person or entity,
other than the Parties and their respective successors, any
rights, remedies, obligations or liabilities whatsoever.
d. Licensee warrants and represents to Licensor that
Licensee has not dealt with any broker or finder other than
APT212 in connection with this Agreement. Licensee
agrees to indemnify and hold harmless Licensor from any
damage or loss that Licensor may suffer as a result of any
violation or breach of this representation and warranty.
Licensee further agrees to cooperate in defense of any
brokerage claim, to give testimony, if required, in
connection with defending any brokerage claims which
Initials (Licensor) _______

Initials (Licensee) _______

APT212 Realty Group | Manhattan Real Estate Management & Investment
IN WITNESS WEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
LICENSOR: APT212 INC.

LICENSEE:

By:

By:

Initials: ___ _
Initials: _____

APT212 Realty Group | Manhattan Real Estate Management & Investment

To secure your apartment please wire the requested amount to the following account:

Bank Name:
Address:
Company:
Account Number:
Routing Number:
Swift Number:

Chase Bank
410 Park Ave New York, NY 10010
APT212 Inc.
8427 40441
021000021
CHASUS33

*Swift number is required for international (outside of the US) customers only.

Initials: ___ _
Initials: _____

APT212 Realty Group | Manhattan Real Estate Management & Investment
Application Form | Gateway College
Date: _________________

Name: ______________________________________________ Date of Birth: ______________________
Email: ________________________________________________________________________________
Emergency Contact: Name: ______________________________ Tel: _____________________________
Security Deposit Refund should be made out to (full name): _____________________________________
_______________________________________________________________________________________

Following Completion of this form, kindly provide:
 A scanned copy of your passport

Applicant Signature: ___________________________

Date: ___________________

Initials: ___ _
Initials: _____

APT212 Realty Group | Manhattan Real Estate Management & Investment
Non-Refundable Security Deposit Agreement
Date: _________________

Address of Apartment for Which Deposit is Being Submitted:
_______________________________________________________________________________________
It is acknowledged that upon submitting a deposit in the amount of $3,000 said deposit is money that is
ONLY refundable to the applicant in the event that the application is rejected. Any action taken by the
applicant that prevents the signing of a lease between the applicant and the owner of the unit, including
an applicant’s decision to withdraw his/her application for any reason or failure to submit a complete
application, with the full forfeiture of said deposit.
Should the application be rejected by the owner for any reason, a refund of said deposit would be made in
check form.

Applicant Name: ____________________________
Applicant Signature: _________________________

Initials: ___ _
Initials: _____