Storage Waiver Issue

Before we get to the main topic, I'd like to say that I've been extremely busy and have only been able to quickly post updates on the Hurricane Sandy situation and its aftermath, as well as let through some (but not all) comments made on the blog.  I really don't have the time or the energy or even the spirit these days to proceed with the blog as I'd like and certainly not to argue with some commentators.  This is a New York City blog, and being NYC it can get earthy and a bit out of control.  I'm not from the MidWest or some gentle New England town, and I don't have those sensibilities, and I'm certainly not PC.  One of my reasons for posting that Jackie Mason clip was to weed out non-New Yorkers who take offense at most anything.  A real New Yorker would, or should, enjoy it.

I've been wanting to post an assessment of the Hurricane Sandy situation, but, again, don't have much time to go into it fully. My summary is that this time around, unlike with Hurricane Irene and the previous management, the new management did keep residents up to date with continual e-mails and flyers in buildings and under the door. So that was a clear, even surprising, positive.  (Note: the intercoms were not used, however, despite tenants being charged for such a use as an MCI.)  I also want to thank and applaud the people--tenants, the TA and management--who proactively went out through the buildings to check on residents who may have been trapped in their apartments without heat, electricity and elevator access.  Take a bow, everyone, you did a grand job. Management did also a fine job in setting up quarters in a couple of the Oval "Essentials" when its own office was flooded.  I also saw the man himself, PCVST manager Sean Sullivan, walking around the complex, at work, on Veteran's Day (the actual day on Sunday) when he could have been celebrating the day as a former military man.

I'm sure there were failings.  The biggest seemed to be flooded garages and storage areas.

As for the Ice Rink....  Well, it's like the Bridge on the River Kwai, isn't it?  It has to be kept alive no matter what.  (Please, no jokey comments about blowing the rink up as the Kwai bridge was blown up. I will not let them through.)  And, yes, I know the spin that non-PCVST workers are involved in maintaining and running the rink, but PCVST resources are still be used.  At least those residents and their guests who don't give a damn about anything but the Ice Rink now have to suffer with the jacking up of fees to use the rink and rent skates, a price increase they are already bitching about. Tough, because once you accepted a commercial enterprise inside Stuy Town in a previously free playground space, you accepted whatever fees the powers that be charge.  But, yes, I do think it's great for the kids.

Anyway, there's much more to say, but little time to say it in. Now to the storage waiver issue....

*  *  *

Well, it seems that people are not being let into their storage areas in PCVST that were flooded and that now to get in you have to sign a waiver which absolves PCV ST Owner LP, ST Owner LP, CompassRock Real Estate LLC, NTT Storage LLC, Interstate Restoration, Inc. and Maxons Restorations Inc. from any legal claims you may make for your destroyed property.  What balls!

Anyway, here's the response from John Marsh, president of the Tenants Association, and below that the full waiver.

Counsel to Tenants Association has reviewed the Storage Waiver required to access flooded storage units. Counsel has advised the TA's Legal Committee, he would NOT sign such a waiver.

Now the conundrum, if you don't sign, they don't give you access to your property.

Below is the text of the Waiver. Any lawyers out there who would like to comment on this waiver?

I , ( t h e " R e l e a s o r " ) , r e s i d i n g a t have requested to enter the basement of __. , New York, New York (the "Basement") for the sole purpose of retrieving my belongings and for no other purpose. I acknowledge the risk and understand that the Basement that I will be entering was flooded from the East River as a result of Hurricane Sandy. I further acknowledge that I have received a copy of relevant pages from "New York State Department of Health Disaster Recovery Information" guide. If I choose, I can review the complete document at the New York State Department of Health's website. I further acknowledge that the Basement I will be entering is a work zone which may have damp or wet surfaces, debris and other materials that may be difficult to see. Understanding this, I am entering the Basement under my, own free will and accept all risks associated with entering the Basement.

I understand that the Releasees (as defined below) would not permit my access to the Basement except upon my providing this waiver of liability and the acknowledgments and agreements contained herein.

I hereby release and forever discharge and waive any claims or rights against PCV ST Owner LP, ST Owner LP, CompassRock Real Estate LLC, NTT Storage LLC, Interstate Restoration, Inc. and Maxons Restorations Inc. and their respective predecessors, heirs, executors, administrators, successors, assigns, subsidiaries, parents, officers, shareholders, directors, board members, employees and agents (collectively the "Releasees") from all manner of actions, causes of action, suits, damages, indemnifications,
contributions and claims whatsoever, including costs, expenses, penalties and attorney's fees, which I or any person(s) under my control over has or which my successors or assigns can, shall or may have, directly or indirectly, whether known or unknown, for, upon or by reason of any matter cause or thing whatsoever relating to or arising out of my access to the Basement including, but not limited to, any actual or alleged injuries to (i) me or any person(s) under my control caused by or resulting from entering
and being in the Basement; and (ii) any personal property located in the Basement.

Furthermore, I acknowledge that after November 30, 2012, any personal property that I leave in the Basement will be discarded. In the event I leave personal property in the Basement after November 30, 2012,1 shall have no claim against Releasees relating to such property.

This WAIVER, RELEASE AND ACKNOWLEDGEMENT may not be modified or terminated orally.

In Witness Whereof, the Releasor has caused this document to be executed on the date set forth below.

Releasor:

S i g n a t u r e
D a t e
Print