On March 22, 2020 a
Clerk Notice
was filed
involving a dispute between
Opera House Lofts Llc,
and
Ahmed Almahdi,
Alexander Azzure,
Alexandra Harrington,
Alex Regan,
Alex Regan
Aka Alex Regen,
Alicia French,
Amber Renaye
A K A Amber Thomas,
Amber Thomas,
Anastasia Vlasova,
Andres Rincon,
Andrew Fassel,
Andrew Wehnke,
Anthony Christie,
Ari Finkel,
Aurora Halal,
Bethany Reeves,
Beth Morgan,
Brandon Smith,
Brooke Davies,
Bryant Wells,
Carly Forgach,
Caroline Silverman,
Casey Halter,
Cassandra Fernandes,
Casssandra Emmett,
Celina Vicioso,
Chelsea Spencer,
Christopher Carnahan,
Christoph Krey,
Dana Cataldo,
Daniel Mcinerney,
David Call,
David Richter,
Diana Osorio,
Edras Maldonado,
Elanor Barnes,
Emily Zech,
Evan Batson,
Evander Batson,
Gavin Koepke,
Gerrard Deasy,
Gia Kourlas,
Giancarlo Roca,
Grant Gulla,
Guho Kevin Kim,
Hector Guerra,
Hector Macel
Aka Hector Malacaria,
Hector Malacaria,
Hellen Smith,
Henry Gordon-Smith,
Howida Tarabzooni,
Jack Ford,
Jaka Vinsek,
Jason Halal,
Jeffrey Arthur,
Jenzo Duque,
Jeremy Hawkins,
Jessica Muller,
Jessica Muller
Aka Jessica Miller,
Joanna Whicker,
Johannes Staudt,
Joon Lee,
Jordan Smith,
Jordan Sutherland,
Joseph Lewis,
Joseph Simons,
Joseph Tyman,
Josh Reames,
Julie Covello,
Katrina Wilson,
Kelsey Fairhurst,
Kendall Payne,
Kevin Kim,
Kevin Urvalek,
Laura Newman,
Laurence Beilenson,
Luisel Pena,
Madalyn Drew,
Madeline Arnoldy,
Marcella Lentz-Pope,
Margarita Cardenas,
Martin Argueta,
Michael Chesbro,
Michael Ralston,
Michael Sauder,
Mie Vedel Joergensen,
Molly Wypyski,
Mutaurwa Mapondera,
Nicholas Cortezi,
Noah Goldberg,
Pablo Smith,
Paula Smith,
Peter Carlovich,
Piya Malik,
Quinn Mcgovern,
Radhika Basu,
Richard Einhorn,
Richard Maguire,
Rocco Mancinelli,
Roque Silva,
Ryan Schweitzer,
Ryan Shollenberger,
Samantha Cunningham,
Samantha Giovinco,
Sarah Beilenson,
Sarah Labriola,
Sarah Witham,
Sebastian Medeiros,
Sebastian Rodas Medeiros,
Seth Lopez,
Shannon Lumpkin,
Slyvie Wise,
Sonja Einem,
Stephanie Deangelis,
Stephen Meyers,
Subantita Suwan,
Tatiana Reid,
The New York City Department Of Buildings,
Thomas Parker,
Tony Christie,
Tristan Hughes-Freeland,
Tyler Harris,
Willaim Klimbert,
Winston Adeyemo,
Yohay Ben-Itzhak,
Zachary Pless,
for Real Property - Other (Declaratory Judgment)
in the District Court of Kings County.
Preview
D: OUN PK 09 SIV INDEX NO. 507079/2020
NYSCEifrmBOGase, MreneQA form, rules, gua lain English, large type format 1/02 RECEIVED NYSCEF 09/02/2021
LEASE AGREEMENT.
The Landlord and Tenant agree to lease the Apartment for the Term and at the Rent stated on these terms:
LANDLORD: TENANT:
Opera House Lofts LLC Sara Labriola
320 Roebling St. 106 Gavin Koepke
Brooklyn NY 11211
Apartment 209 27 Arion Place.
Lease Date Lease Term Termly Rent $37,800.00
Beginning | August 1, 2020 Monthly Rent $3,150.00
Ending | July 31, 2021 Security $3,150.00
Rider Additional terms on additional page(s) initialed at the end by the parties is attached and made a part of this Lease.
1 Use The Apartment must be used only as a private Apartment to live in as the primary residence of the Tenant and for no other reason. Only
a party signing this Lease may use the Apartment. This is subject to Tenant's rights under the Apartment Sharing Law and to limits on the number of
people who may legally occupy an Apartment of this size.
22. Failure to give possession Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the
Term. Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. Rent shall then be payable as of the date
possession is available. Landlord must give pos sion within a reasonable time, if not, Tenant may cancel and obtain a refund of money deposited.
Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change.
3. Rent, added rent The rent payment for each month must be paid on the first day of that month at Landlord’s address Landlord need not give
notice to pay the rent. Rent must be paid in full without deduction. The first month’s rent is to be paid when Tenant s ns t is Lease. Tenant may be
required to pay other charges to Landlord under the terms of this Lease. They are called “added rent.” This added rent will be billed and is payable as
rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if
Tenant failed to pay rent.
4 Notices Any statement or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant at the Apartment. Ifto Landlord
it must be mailed or delivered to Landlord’s address. It will be considered delivered on the day mailed or if not mailed, when delivered to the proper
address. A notice must be sent by certified mail. Each party must accept and claim the notice given by the other. Landlord must notify Tenant if
Landlord’s address is changed.
5. Security Tenant has given security to Landlord in the amount stated above. If Tenant does not pay rent or added rent on time, Landlord may
use the security to pay for rent and added rent then due. If Tenant fails to timely perform any other term in this Lease Landlord may use the security
for payment of money Landlord may spend, or damages Landlord suffers because of Tenant’s failure. If the Landlord uses the security Tenant, shall,
upon notice from Landlord, send to Landlord an amount equal to the sum used by Landlord. That amount is due, when billed, as rent. At all times
Landlord is to have the amount of security stated above. If Tenant fully performs all terms of this Lease, pays rent on time and leaves the Apartment in
good condition on the last day of the Term, then Landlord will return the security being held within 30 days after tenants surrenders keys of the
apartment. If Landlord sells or leases the Building, Landlord may give the security to the buyer or lessee. In that event Tenant will look only to the
buyer or lessee for the return of the security and Landlord will be deemed released. The Landlord may use the security as stated in this section. Landlord
may put the security in any place permitted by law. I understand and agree that the security deposit shall bear no interest. And so too this security
deposit should not be used as a final month’s rent, I am also aware that any raise in rent or lease renewals requires that security deposit should be added
so that it should be equal to current monthly rent.
6. Services Landlord will supply cold water for bathroom and kitchen sink. Stopping or reducing of service(s) will not be reason for Tenant to
stop paying rent, to make a money claim eviction. Damage to the equipment or appliances supplied by Landlord, caused by Tenant’s act or neglect,
may be repaired by Landlord at Tenant’s expense. The repair cost will be added rent. Tenant must pay for all electric, gas, heat, telephone and other
utility services used in the Apartment, Tenant must not use a dishwasher, washing machine, dryer, freezer, heater, ventilator, air-cooling equipment or
other appliance unless installed by landlord or with Landlord’s written consent. Tenant must not use more electric than the wiring or feeders to the
Building can safely carry. Landlord may stop service of the plumbing, gas, water, electrical systems, because of accident, (emergency, repairs, or
changes until the work is complete.
D: OUN PK 09 DM INDEX NO. 507079/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021
7 Alteration Tenant must obtain Landlord’s prior written consent to install any paneling, flooring, “built in” decorations partitions, railings,
or make alterations or to paint or wallpaper the Apartment, Tenant must not change the plumbing, ventilating, electric or heating systems. If consent is
given, the alterations and installations shall become the property of Landlord when completed and paid for. They shall remain with and as part of the
Apartment at the end of the Term. Landlord has the right to demand that Tenant remove the alterations and installations before the end of the Term or
before vacating the apartment for any reason. The demand shall be by notice, given at least 15 days before the end of the Term. Tenant shall comply
with the demand at Tenant’s own cost. Landlord is not required to do or pay for any work unless stated in this Lease. Ifa lien is filed on the Apartment
or Building for any reason relating to Tenant’s fault, Tenant must immediately pay or bond the amount stated in the Lien. Landlord may pay or bond
the lien if Tenant fails to do so within 20 days after Tenant has notice about the Lien. Landlord’s costs shall be added rent.
8. Repairs Tenant must take good care of the Apartment and all equipment and fixtures in it. Landlord will repair the plumbing, heating and
electrical systems. Tenant must, at Tenant’s cost, make all repairs and replacements whenever the need results from Tenant’s act or neglect. If Tenant
fails to make a needed repair or replacement, Landlord may do it. Landlord’s reasonable expense will be added rent.
9. Fire, accident, defects, damage Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If
the Apartment cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is unusable. If part of the
Apartment cannot be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable.
Landlord need only repair the damaged part of the Apartment, Landlord is not required to repair or replace any fixtures, furnishings or decorations but
only equipment that is originally installed by Landlord. Landlord is not responsible for delays due to settling insurance claims, obtaining estimates,
labor and supply problems or any other cause not fully under Landlord’s control. If the apartment cannot be used, Landlord has 30 days to decide
whether to repair it. Landlord’s decision to repair must be given by notice to Tenant within 30 days of the fire or casualty. Landlord shall have a
reasonable time to repair. In determining what is a reasonable time, consideration shall be given to any delays in receipt of insurance settlements, labor
trouble and causes not within Landlord’s control. If Landlord fails to give Tenant notice of its decision within 30 days, Tenant may cancel the lease as
of the date of the fire or casualty. The cancellation shall be effective only if it is given before Landlord begins to repair or before Landlord notifies
Tenant of its decision to repair. If the fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant all repairs will be made at
Tenant’s expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish,
rebuild or renovate the Building if there is substantial damage by fire or other casualty. Even if the Apartment is not damaged, Landlord may cancel
this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord’s intention to demolish, rebuild or renovate. The
Lease will end 30 days after Landlord’s cancellation notice to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation
date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled Landlord is not required to repair the Apartment or
Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of
New York Real Property Law Section 227.
10. Liability Landlord is not liable for loss, expense, or damage to any person or property, unless due to Landlord’s negligence. Landlord is not
liable to Tenant for permitting or refusing entry of anyone into the Building, Tenant must pay for damages suffered and reasonable expenses of Landlord
relating to any claim arising from any act or neglect of Tenant. If an action is brought against Landlord arising from Tenant’s act or neglect Tenant
shall defend Landlord at Tenant’s expense with an attorney of Landlord’s choice. Tenant is responsible for all acts or neglect of Tenant’s family,
employees, guests or invitees. Tenant shall maintain a renter’s insurance policy to cover against any losses.
ll. Entry by Landlord Landlord may enter the Apartment at reasonable hours to; repair, inspect, exterminate, install or work on wiring systems
or other systems or equipment and perform other work that Landlord decides is necessary or desirable.
Within 30 days of move-out, landlord or landlord’s agent can enter apartment with a 6 hour prior notice to view the
apartment with potential tenants.
12. Assignment and sublease Tenant must not assign all or part of this Lease or sublet all or part of the Apartment or permit any other person
to use the Apartment. If Tenant does, Landlord has the right to cancel the Lease as stated in the Tenant’s Default section. State law may permit Tenant
to sublet under certain conditions. Tenant must get Landlord’s written permission each time Tenant wants to assign or sublet, Permission to assign or
sublet is good only for that assignment or sublease. Tenant remains bound to the terms of this lease after an assignment or sublet is permitted, even if
Landlord accepts money from the assignee or subtenant. The amount accepted will be credited toward money due from Tenant, as Landlord shall
determine. The assignee or subtenant does not become Landlord’s tenant. Tenant is responsible for acts and neglect of any person in the Apartment.
13. Subordination This Lease and Tenant’s rights, are subject and subordinate to all present and future: (a) leases for the Building or the land
on which it stands, (b) mortgages on the leases or the Building or land, (c) agreements securing money paid or to be paid by a lender, and (d) terms,
conditions, renewals, changes of any kind and extensions of the mortgages, leases or lender agreements. Tenant must promptly execute any certificate(s)
that Landlord requests to show that this Lease is so subject and subordinate. Tenant gives limited power of attorney to Landlord to sign these
certificate(s) for Tenant.
14. Condemnation If all of the Apartment or Building is taken or condemned by a legal authority, the Term, and Tenant’s rights shall end as of
the date the authority takes title to the Apartment or Building, If any part of the Apartment or Building is taken, Landlord may cancel this Lease on
notice to Tenant. The notice shall set a cancellation date not less than 30 days from the date of the notice. If the Lease is cancelled, Tenant must deliver
the Apartment to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to Landlord. Tenant
assigns to Landlord any interest Tenant may have to any part of the award. Tenant shall make no claim for the value of the remaining part of the Term.
15. Construction or demolition Construction or demolition may be performed in or near the Building. Even if it interferes with Tenant’s
ventilation, view or enjoyment of the Apartment it shall not affect Tenant's obligations in this Lease.
16. Tearing down the building If the Landlord wants to tear down the entire Building, Landlord shall have the right to end this Lease by giving
six (6) months notice to Tenant. If Landlord gives Tenant such notice and such notice was given to every residential tenant in the Building, then the
Lease will end and Tenant must leave the Apartment at the end of the 6 month period in the notice.
Initials
Page 2 of 6
D: OUN PK 09 DM INDEX NO. 507079/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021
17. Liability for property left with Landlord’s employees Landlord’s employees are not permitted to drive Tenant’s cars or care for Tenant’s
cars or personal property. Tenant must not leave a car or other personal property with any of Landlord’s employees. Landlord is not responsible for (a)
loss, theft or damage to the property, and (b) injury caused by the property or its use.
18. Playground, parking and recreation areas If there is a playground, parking or recreation area, Landlord may give Tenant permission to
use it. Tenant will use the area at Tenant’s own risk and must pay all fees Landlord charges. Landlord’s permission may be cancelled at any time.
19. Terraces and balconies The Apartment may have a terrace or balcony. The terms of this Lease apply to the terrace or balcony as if part of
the Apartment. The Landlord may make special rules for the terrace and balcony. Landlord will notify Tenant of such rules. Tenant must keep the
terrace or balcony clean and free from snow, ice, leaves and garbage and keep all screens and drains in good repair. No cooking is allowed on the
terrace or balcony. Tenant may not keep plants, or install a fence or any addition on the terrace or balcony. If Tenant does, Landlord has the right to
remove and store them at Tenant’s expense. Tenant shall maintain the terrace and balcony in good repair.
20. Tenant’s certificate Upon request by Landlord, Tenant shall sign a certificate stating the following: (1) This Lease is in full force and
unchanged (or if changed, how it was changed); and (2) Landlord has fully performed all of the terms of this Lease and Tenant has no claim against
Landlord; and (3) Tenant is fully performing all the terms of the Lease and will continue to do so; (4) rent and added rent have been paid to date; and
(5) any other reasonable statement required by Landlord. The certificate will be addressed to the party Landlord chooses.
21. Correcting Tenant’s defaults If Tenant fails to timely correct a default after notice from Landlord, Landlord may correct it at Tenant’s
expense. Landlord’s costs to correct the default shall be added rent.
22. Tenant’s duty to obey laws and regulations Tenant must, at Tenant’s expense, promptly comply with all laws, orders, rules, requests, and
directions, of all governmental authorities, Landlord’s insurers, Board of Fire Underwriters, or similar groups. Notices received by Tenant from any
authority or group must be promptly delivered to, Landlord. Tenant may not do anything which may increase Landlord’s insurance premiums. If Tenant
does, Tenant must pay the increase in premium as added rent.
23. Tenant’s default
A. Landlord must give Tenant written notice of default stating the type of default. The following are defaults and must be cured by Tenant within the
time stated:
(1) Failure to pay rent or added rent on time, 5 days.
(2) Failure to move into the Apartment within 15 days after the beginning date of the Term, 10 days.
(3) Issuance of a court order under which the Apartment may be taken by another party, 10 days.
(4) Improper conduct by Tenant annoying other tenants, 10 days.
(5) Failure to comply with any other term or Rule in the Lease, 10 days.
If Tenant fails to cure the default in the time stated, Landlord may cancel the Lease by giving Tenant a cancellation notice. The cancellation notice will
state the date the Term will end which may be no less than 10 days after the date of the notice. On the cancellation date in the notice the Term of this
Lease shall end. Tenant must leave the Apartment and give Landlord the keys on or before the cancellation date. Tenant continues to be responsible as
stated in this Lease. If the default cannot be cured in the time stated Tenant must begin to cure within that time and continue diligently until cured.
B, If Tenant’s application for the Apartment contains any material misstatement of fact, Landlord may cancel this Lease. Cancellation shall be by
cancellation notice as stated in Section 23.A.
C. If (1) the Lease is cancelled; or (2) rent or added rent is not paid on time; or (3) Tenant vacates the Apartment, Landlord may, in addition to other
remedies, take any of the following steps: (a) peacefully enter the Apartment and remove Tenant and any person or property, and (b) use eviction or
other lawsuit method to take back the Apartment.
D. If this Lease is cancelled, or Landlord takes back the Apartment, the following takes place:
(1) Rent and added rent for the unexpired Term becomes due and payable.
(2) Landlord may relet the Apartment and anything in it. The reletting may be for any term. Landlord may charge any rent or no rent and give allowances
to the new tenant. Landlord may, at Tenant’s expense, do any work Landlord reasonably feels needed to put the Apartment in good repair and prepare
it for renting. Tenant stays liable and is not released except as provided by law.
(3) Any rent received by Landlord for the re-renting shall be used first to pay Landlord’s expenses and second to pay any amounts Tenant owes under
this Lease. Landlord’s expenses include the costs of getting possession and re-renting the Apartment, including, but not only reasonable legal fees,
brokers fees, cleaning and repairing costs, decorating costs and advertising costs.
(4) From time to time Landlord may bring actions for damages. Delay or failure to bring an action shall not be a waiver of Landlord’s rights. Tenant is
not entitled to any excess of rents collected over the rent paid by Tenant to Landlord under this Lease.
(5) If Landlord relets the Apartment combined with other space an adjustment will be made based on square footage. Money received by Landlord
from the next tenant other than the monthly rent, shall not be considered as part of the rent paid to Landlord. Landlord is entitled to all of it. If Landlord
relets the Apartment the fact that all or part of the next tenant’s rent is not collected does not affect Tenant’s liability. Landlord has no duty to collect
the next tenant’s rent. Tenant must continue to pay rent, damages, losses and expenses without offset.
E, If Landlord takes possession of the Apartment by Court order, or under the Lease, Tenant has no right to return to the Apartment.
24. Jury trial and counterclaims Landlord and Tenant agree not to use their right to a Trial by Jury in any action or proceeding brought by
either, against the other, for any matter concerning this Lease or the Apartment. This does not include actions for personal injury or property damage.
Tenant gives up any right to bring a counterclaim or set-offin any action or proceeding by Landlord against Tenant on any matter directly or indirectly
related to this Lease or Apartment.
25. TENANT shall not interpose any counterclaim in any action or proceeding brought by the LANDLORD. TENANT may bring a separate
Initials
Page 3 of 6
D: OUN PK 09 DM INDEX NO. 507079/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021
action. No consolidation or joint trial shall be sought by TENANT or permitted to TENANT in connection with any proceeding or action brought by
LANDLORD.
26. No waiver, illegality Landlord’s acceptance of rent or failure to enforce any term in this Lease is not a waiver of any of Landlord’s rights. If
a term in this Lease is illegal, the rest of this lease remains in full force.
27. Insolvency If (1) Tenant assigns property for the benefit of creditors, or (2) a non-bankruptcy trustee or receiver of Tenant or Tenant’s
property is appointed, Landlord may give Tenant 30 days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed
within the 30 days, the Term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses without offset.
If Tenant files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against Tenant, Landlord may not terminate this
Lease.
28. Rules Tenant must comply with these Rules. Notice of new Rules will be given to Tenant. Landlord need not enforce Rules against other
Tenants. Landlord is not liable to Tenant if another tenant violates these Rules . Tenant receives no rights under these Rules:
(1) The comfort or rights of other Tenants must not be interfered with. This means that annoying sounds, smells and lights are not allowed.
(2) Even where tenants are allowed on the roof, Nothing may be placed on or attached to fire escapes, sills, windows or exterior walls of the Apartment
or in the hallways or public areas.
(3) Tenant may not operate manual elevators. Smoking is not permitted in elevators. Bicycles are not allowed on passenger elevators.
(4) Tenant must give to Landlord keys to all locks. Doors must be locked at all times. Windows must be locked when Tenant is out.
(5) No waterbeds allowed in Apartments.
(6) Dogs, cats or other animals or pets are not allowed in the Apartment or Building unless permitted in writing by Landlord.
(7) Garbage disposal rules must be followed. Wash lines, vents and plumbing fixtures must be used for their intended purpose.
(8) Laundry machines, if any, are used at Tenant’s risk and cost. Instructions must be followed.
(9) Moving furniture, fixtures or equipment must be scheduled with Landlord. Tenant must not send Landlord’s employees on personal errands.
(10) Improperly parked cars may be removed without notice at Tenant’s cost.
(11) Tenant must not allow the cleaning of the windows or other part of the Apartment or Building from the outside.
(12) Tenant shall conserve energy.
29. Representations, changes in Lease Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others.
This Lease may be changed only by an agreement in writing signed by and delivered to each party.
30. Landlord unable to perform If due to labor trouble, government order, lack of supply, Tenant’s act or neglect, or any other cause not fully
within Landlord’s reasonable control, Landlord is delayed or unable to (a) carry out any of Landlord’s promises or agreements, (b) supply any service
required to be supplied, (c) make any required repair or change in the Apartment or Building, or (d) supply any equipment or appliances Landlord is
required to supply, this Lease shall not be ended or Tenant’s obligations affected.
31. End of term At the end of the Term, Tenant must: leave the Apartment clean and in good condition, subject to ordinary wear and tear;
remove all of Tenant’s property and all Tenant’s installations and decorations; repair all damages to the Apartment and Building caused by moving;
and restore the Apartment to its condition at the beginning of the Term. If the last day of the Term is on a Saturday, Sunday or State or Federal holiday
the Term shall end on the prior business day.
32. Space “as is” Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apartment as
is except for latent defects.
33. Landlord’s warranty of habitability Landlord states that the Apartment and Building are fit for human living and there is no condition
dangerous to health, life or safety.
34. Landlord’s consent If Tenant requires Landlord’s consent to any act and such consent is not given, Tenant’s only right is to ask the Court
for a declaratory judgment to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum
from the rent because such consent was not given.
35. Limit of recovery against Landlord Tenant is limited to Landlord’s interest in the Building for payment of a judgment or other court remedy
against Landlord.
36. Lease binding on This Lease is binding on Landlord and Tenant and their heirs, distributes, executors, administrators, successors and lawful
assigns.
37. Landlord Landlord means the owner (Building or Apartment), or the lessee of the Building, or a lender in possession. Landlord’s obligations
end when Landlord’s interest in the (Building or Apartment) is transferred. Any acts Landlord may do may be performed by Landlord’s agents or
employees.
38. Paragraph headings The paragraph headings are for convenience only.
39. Furnishings If the Apartment is furnished, the furniture and other furnishings are accepted as is. Ifan inventory is supplied each party shall
have a signed copy. At the end of the Term Tenant shall return the furniture and other furnishings clean and in good order and repair. Tenant is not
responsible for ordinary wear and damage by the elements.
40. Amendment: No amendment, modification, or alteration of this lease is binding unless in writing, dated subsequent to the date of this
Initials
Page 4 of 6
D: OUN PK 09 SIV INDEX NO. 507079/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021
lease, and duly executed by the parties.
41. Landlord is not responsible for any items/packages lost damaged or stolen in the building.
Signatures, effective date Landlord and Tenant have signed this Lease as of the above date. It is effective when Landlord delivers to Tenant a copy
signed by all parties.
LANDLORD: TENANT: ZS Ld J
fl
C avon ope
WITNESS
GUARANTY OF PAYMENT Date of Guaranty
Guarantor and address:
1, Reason for guaranty I know that the Landlord would not rent the Apartment to the Tenant unless I guarantee Tenant’s performance. I have also
requested the Landlord to enter into the Lease with the Tenant. I have a substantial interest in making sure that the Landlord rents the Premises to the
Tenant.
2.) Guaranty I guaranty the full performance of the Lease by the Tenant. This Guaranty is absolute and without any condition, It includes, but is not
limited to, the payment of rent and other money charges.
3.) Changes in Lease have no effect This Guaranty will not be affected by any change in the Lease, whatsoever. This includes, but is not limited to,
any extension of time or renewals. The Guaranty will bind me even if I am not a party to these changes.
4.) Waiver of Notice I do not have to be informed about any default by Tenant. I waive notice of nonpayment or other default.
5.) Performance Ifthe Tenant defaults, the Landlord may require me to perform without first demanding that the Tenant perform.
6.) Waiver of jury trial I give up my right to trial by jury in any claim related to the Lease or this Guaranty.
7.) Changes This Guaranty can be changed only by writien agreement signed by all parties to the Lease and this Guaranty.
yo
GUARANTOR: G o
Guarantor’s address:
WITNESS:
RIDER TO LEASE
Initials
Page 5 of 6
D: OUN PK 09 DM INDEX NO. 507079/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021
1 For any reason a tenant should break the term of this lease a $1,500.00 fee will be due and is responsible rent to be paid until a new tenant has taken
over. Unless otherwise permitted by this lease.
2. Locks & Keys It is not permitted for tenant to change the apartment or mailbox lock without permission from landlord, there will be a penalty of $150.00. To
obtain an additional apartment door key there's a charge of $85.00
Elevator The landlord reserves the right to discontinue elevator service and remove the elevator from the building. Landlord must give 60 days prior notice.
Low Voltage Wiring Landlord has pre-wired each unit for telephone, cable TV, intercom, and internet. Tenant shall not allow any other wiring to be brought
into the apartment without prior written consent from the Landlord. In addition, tenant shall not tamper with, alter or gain access to the build-in wiring of the
unit, If any installed low-voltage wiring malfunctions on account of tenant’s actions, tenant shall be liable for the repair of replacement of such wiring and/or
equipment which will be billed to tenant as additional rent.
Appliances The landlord has provided the tenant with the following appliances, refrigerator, and stove. The tenant agrees not to cause any damage to the
appliances other than normal wear and tear. Upon leaving the apartment tenant shall leave behind the appliances in good working order and condition.
‘Access The tenant shall provide the landlord with access to the apartment at reasonable hours upon 24 hours” notice in order to carry our improvements or
necessary work in the building or for mandated inspections. In addition, landlord may, under compelling circumstances after attempting to contact tenant,
enter the tenant’s apartment to carry our emergency repairs when the need arises. Tenant shall not change the lock on the front door nor add additional locks.
Common Areas Tenant may store bicycles in the designated areas only. Tenant shall not store any other personal belongings in any common area of the
building or on the roof. Any items left in the common areas for more than 24 hours shall be deemed abandoned and may be removed by the landlord. Tenant
shall not post any bills in the common areas except in areas designated by the landlord. Smoking is prohibited in any part of the common area.
Refuse Tenant shall not leave any refuse in any common area of the building. Tenant shall place refuse only in designated areas and shall follow the posted
notices regarding disposal and recycling of refuse. Tenant shall be responsible for any fines imposed by the Department of Sanitation on account of tenant’s
failure to follow proper disposal regulations.
Nuisance Tenant shall not create a condition that would reasonably interfere with other tenant’s peaceful enjoyment of the building. A nuisance shall include
but is not limited to: loud noise from the apartment, foul odor coming out of the apartment, loitering in the common areas or in front for the building, verbally
threatening or abusing another tenant, inviting frequent visitors at odd hours, engaged in unlawful acts etc.. Any violation of this provision shall constitute a
default under the lease as per 23A (4) of the lease.
10. Fee Tenant has not paid a fee to the landlord to rent the apartment. If the Landlord has paid a broker’s fee, tenant agrees that this fee may be deducted from
the Security Deposit if the lease is terminated early.
i Insurance Tenant must maintain a renter’s insurance policy, and tenant shall hold landlord and landlord’s insurance company harmless in case of damage to
tenant’s property, except if due to landlord’s gross negligence.
12. Pest Control Tenant shall facilitate ace: s for landlord’s pest-control contractor to treat against pest and rodent infestation. Treatments may be on a regular
monthly schedule or on an as-needed basis. Tenant further agrees to employ housekeeping practices in order to prevent pest infestation. Tenant shall not bring
used mattresses or furniture into the apartment, Tenant shall be liable for any infestation caused by tenant’s negligence including the introductions of bed-
bugs.
13, Tenant understands that occupation of the apartment is subject to Owners bank approval & Language of the lease may be reviewed and modified by Owners
bank. Shall any language be modified; Tenant will then get a copy of modified lease.
14, Late Fees rent is due on the first day of the month, and must be received no later than the fifth (5"") day of the month. if rent is received by landlord after the
5" of the month, Tenant shall be charged a Late Fee of 6% of the amount due as added rent. Rent must be paid full without any deductions. Payment of less
than amount stated in this lease shall be deemed nothing more than partial payments. Under no circumstances shall Landlord’s acceptance of partial payment
constitute accord and satisfaction nor will it forfeit Landlord’s right to collect the balance due on the account, despite any endorsement, stipulation, or other
statement on any check.
15, Returned Checks If Tenant’s check is refused by Tenant’s bank for any reason, Tenant shall be charged a service charge of $100.00 as added rent. in addition,
if two (2) of Tenants checks are refused by the bank in any twelve (12) month period, Landlord shall not be required to accept checks from Tenant as payment,
rather Tenant shall be required to remit bank-checks or money orders only for subsequent twelve (12) months.
16. T understand and agree that if I add or change locks n the premises the Landlord shall be given copies of the keys. Landlord reserves the right at all times to
enter the apartment for the purpose of; inspection, repairs, extermination or showing to prospective Tenants or purchasers. If any time you are not personally
present to permit Landlord to enter and entry is necessary Landlord may nevertheless enter the apartment and may enter by force in an emergency.
17. Tunderstand and agree that we must refrain from loud parties or other disturbances such as loud music or radio playing so as not to disturb other people’s
peace and quit. And the same, loitering in the hallways and front ofthe building is prohibited.
18. Pets. Only Small pets less than 25 pounds are allowed in the building. Any pet bigger than 25 Pounds must be registered with landlord.
19. Tenant shall use the apartment for living purposes only and understands and agrees that the apartment is leased to_ _ person(s). All family members of the
household must be recorded here. Tenant’s visitors may remain in the apartment no longer than one week, except w written permission of the Landlord.
20. Common areas of building such as stairs, stairwells, halls, lobbies, fire escapes, basement, etc., are to be used only for the purpose intended. No articles
belonging to Tenant should be kept in such areas.
21 Locked out service the landlord is not responsible for tenant locked out of the apartment or mailbox; however we can provide the service for you for a
minimum fee at tenant’s responsibility. Lockout of the apartment service $65.00 and lockout of mailbox $45.00.
22, Lease Renewal Fee Tenant will be charged a renewal fee when renewing this lease.
TENANT HEREBY CERTIFIES THAT THEY HAVE READ THE LEASE AND THIS ACCOMPANYING RIDER AND THAT THEY UNDERSTAND AND
AGREE TO ALL THE PROVISIONS CONTAINED IN THEM. TEANANT AND LANDLORD AGREE TO BE BOUND BY THIS LEASE AND THAT THIS
AGREEEMENT CANNOT BE CHANGED EXCEPT IN WRITIN IGNED BY BOTH PARTIES.
Landlord
Zi ie
Tenant
Initials
Page 6 of 6
D KIN OUNTY K 0 INDEX NO. 507079/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021
RIDERS TO LEASE
OPERA HOUSE LOFTS LLC
Address:27 Arion Place
Unit # 209
Brooklyn, NY 11206
OUN PK 09 DM INDEX NO. 507079/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF 09/02/2021
RIDER TO LEASE
WINDOW GUARDS / SMOKE & CARBON MONOXIDE DETECTORS/ RECYCLABLES
Unit #209
LEASE NOTICE TO TENANT (S): Sarah Labriola Gavin Koepke
WINDOW GUARDS REQUIRED
You are required by law to have window guards installed if a child 10 years of age or younger lives in your apartment. Your
Landlord is required by law to install window guar in your apartment if you a him/her to put in window guards at any time (you
need not to give a reason): if a child 10 years of age or younger lives in your apartment. It is a violation of law to refuse, interfere
with installation, or remove guards where required.
CHECK ONE:
CHILDREN 10 YEARS OF AGE OR YOUNGER LIVE IN MY APARTMENT
xx NO CHILDREN 10 YEARS OF AGE OR YOUNGER LIVE IN MY APARTMENT
I WANT WINDOW GUARDS EVEN THOUGH I HAVE NO CHILDREN 10 YEARS OF AGE OR YOUNGER LIVING
IN MY APARTMENT
For further information, call Window Falls Prevention Program, NYC Dept. of Health 125 Worth St. Rm.# 222A New York, NY
10013 Tel. 212.566.8082
1 SMOKE DETECTORS REQUIRED
1 Sara Labriola , tenant of the above referenced apartment, certify that I have inspected the apartment and
that tL1
smoke detector(s) were present and in functional condition. | UNDERSTAND THAT IT IS MY RESPONSIBILITY AS A
TENANT TO MAINTAIN THE SMOKE DETECTOR (S) AFTER INSTALLATION
I. CARBON MONOXIDE DETECTOR (S) REQUIRED
1 Sara Labriola , tenant of the above referenced apartment, certify that I have inspected the apartment and
that 1 Carbon Monoxide detector(s) were present and in functional condition I UNDERSTAND THAT IT IS MY
RESPONSIBILITY AS A TENANT TO MAINTAIN THE CARBON MONOXIDE DETECTOR (S) AFTER INSTALLATION.
TIL. RECYCLING CLAUSE
(a) Resident’s duties: Resident agrees, at his sole cost and expense, to comply with all present and future laws,
order: and regulations of all state, federal, municipal and local governments, departments, commissions and boards regarding the
collection, sorting, separation and recycling of waste products, garbage, refuse and trash
Resident shall sort and separate such items into categories as provided by law, and in accordance with the rules and regulations adopted
by Owner for the sorting and separating of such designated recyclable items
New York City Department of Sanitation requires all residents to fully encase within a sealed plastic bag all mattresses or box springs
being discarded for DSNY collection
(b) Owner's rights if resident fails to comply: Owner reserves the right, where permitted by law, to refuuse to collect or
accept from Resident any waste produ garbage, refuse or trash which is not separated and sorted as required by law, and require
Resident to arrange for such collection, at Resident’s sole cost and expense, using a contractor factory to Owner.
(a) Fines and penalti Indemnification of Owner: Resident shall pay all costs, expense, fines, penalties or
damages imposed on Owner or Resident by reason of Resident’s failure to comply with Paragraph (s) (a) and (b) above, and shall
indemnify, defend, and hold Owner harmless from and against any actions, clai s, and suits arising from such noncompliance, using
counsel reasonably tis tion to owner, if Owner so elects. Resident’s noncompliance with Paragraphs (a), (b) or (c) shall constitute a
violation of a substantial obligation of the tenancy, and Owner’s rules and regulations. Resident shall be liable to owner for any costs or
expenses, including attorney’s fees, of any action —or proceeding by Owner against Resident, based upon Resident’s breach of Paragraph
(a), (b) or (c).
TENANT SIGNATURE,
LIF Liat. pate 8/4/20
TENANT SIGNATURE, Conon DATE.
LANDLORD SIGNATURE DATE
D: OUN PK 09 DM INDEX NO. 507079/2020
NYSCEF DOC. NO. 94 RECEIVED NYSCEF 09/02/2021
RIDER TO LEASE
AGREEMENT BETWEEN OPERA HOUSE LOFTS LLC
AND TENANT (S) Sarah Labriola Gavin Koepke
Unit #209
Security Deposit
It is understood by a parties that the Security Deposit you have paid us, is for the purposes of covering any repairs that we must
make to the apartment (normal wear and tear accepted) after you move out. It is not for the purpose of covering the rent if you
happen to miss a month.
Breach of Contract
Please be further advised that pursuant to the law in New York State, you are responsible for the whole period of this lease.
Accordingly, if you leave before the lease expires, you are still responsible for the remaining months on the lease, Landlord may
allow for tenant to find a replacement (which must be approved by landlord) for the remainder of the lease term. Tenant shall pay a
procs ing fee of $250.00. If tenant does not supply a replacement, we will make reasonable efforts to re-rent the apartment z on
as we an and all ‘ciated with re-renting shall be paid by tenant, (Typically the cost is brokerage fee in the value of one
month rent along with a $250.00 processing fee.) However tenant will be responsible for the remaining months of the rent until a
replacement signs a new lease with us.
Tenant Signature. Leg eid
fl
Date.
8/4/20
Tenant Signature. NON Ka oe Date.
Preview
D: OUN PK 09 SIV INDEX NO. 507079/2020 NYSCEifrmBOGase, MreneQA form, rules, gua lain English, large type format 1/02 RECEIVED NYSCEF 09/02/2021 LEASE AGREEMENT. The Landlord and Tenant agree to lease the Apartment for the Term and at the Rent stated on these terms: LANDLORD: TENANT: Opera House Lofts LLC Sara Labriola 320 Roebling St. 106 Gavin Koepke Brooklyn NY 11211 Apartment 209 27 Arion Place. Lease Date Lease Term Termly Rent $37,800.00 Beginning | August 1, 2020 Monthly Rent $3,150.00 Ending | July 31, 2021 Security $3,150.00 Rider Additional terms on additional page(s) initialed at the end by the parties is attached and made a part of this Lease. 1 Use The Apartment must be used only as a private Apartment to live in as the primary residence of the Tenant and for no other reason. Only a party signing this Lease may use the Apartment. This is subject to Tenant's rights under the Apartment Sharing Law and to limits on the number of people who may legally occupy an Apartment of this size. 22. Failure to give possession Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the Term. Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. Rent shall then be payable as of the date possession is available. Landlord must give pos sion within a reasonable time, if not, Tenant may cancel and obtain a refund of money deposited. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change. 3. Rent, added rent The rent payment for each month must be paid on the first day of that month at Landlord’s address Landlord need not give notice to pay the rent. Rent must be paid in full without deduction. The first month’s rent is to be paid when Tenant s ns t is Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are called “added rent.” This added rent will be billed and is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if Tenant failed to pay rent. 4 Notices Any statement or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant at the Apartment. Ifto Landlord it must be mailed or delivered to Landlord’s address. It will be considered delivered on the day mailed or if not mailed, when delivered to the proper address. A notice must be sent by certified mail. Each party must accept and claim the notice given by the other. Landlord must notify Tenant if Landlord’s address is changed. 5. Security Tenant has given security to Landlord in the amount stated above. If Tenant does not pay rent or added rent on time, Landlord may use the security to pay for rent and added rent then due. If Tenant fails to timely perform any other term in this Lease Landlord may use the security for payment of money Landlord may spend, or damages Landlord suffers because of Tenant’s failure. If the Landlord uses the security Tenant, shall, upon notice from Landlord, send to Landlord an amount equal to the sum used by Landlord. That amount is due, when billed, as rent. At all times Landlord is to have the amount of security stated above. If Tenant fully performs all terms of this Lease, pays rent on time and leaves the Apartment in good condition on the last day of the Term, then Landlord will return the security being held within 30 days after tenants surrenders keys of the apartment. If Landlord sells or leases the Building, Landlord may give the security to the buyer or lessee. In that event Tenant will look only to the buyer or lessee for the return of the security and Landlord will be deemed released. The Landlord may use the security as stated in this section. Landlord may put the security in any place permitted by law. I understand and agree that the security deposit shall bear no interest. And so too this security deposit should not be used as a final month’s rent, I am also aware that any raise in rent or lease renewals requires that security deposit should be added so that it should be equal to current monthly rent. 6. Services Landlord will supply cold water for bathroom and kitchen sink. Stopping or reducing of service(s) will not be reason for Tenant to stop paying rent, to make a money claim eviction. Damage to the equipment or appliances supplied by Landlord, caused by Tenant’s act or neglect, may be repaired by Landlord at Tenant’s expense. The repair cost will be added rent. Tenant must pay for all electric, gas, heat, telephone and other utility services used in the Apartment, Tenant must not use a dishwasher, washing machine, dryer, freezer, heater, ventilator, air-cooling equipment or other appliance unless installed by landlord or with Landlord’s written consent. Tenant must not use more electric than the wiring or feeders to the Building can safely carry. Landlord may stop service of the plumbing, gas, water, electrical systems, because of accident, (emergency, repairs, or changes until the work is complete. D: OUN PK 09 DM INDEX NO. 507079/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021 7 Alteration Tenant must obtain Landlord’s prior written consent to install any paneling, flooring, “built in” decorations partitions, railings, or make alterations or to paint or wallpaper the Apartment, Tenant must not change the plumbing, ventilating, electric or heating systems. If consent is given, the alterations and installations shall become the property of Landlord when completed and paid for. They shall remain with and as part of the Apartment at the end of the Term. Landlord has the right to demand that Tenant remove the alterations and installations before the end of the Term or before vacating the apartment for any reason. The demand shall be by notice, given at least 15 days before the end of the Term. Tenant shall comply with the demand at Tenant’s own cost. Landlord is not required to do or pay for any work unless stated in this Lease. Ifa lien is filed on the Apartment or Building for any reason relating to Tenant’s fault, Tenant must immediately pay or bond the amount stated in the Lien. Landlord may pay or bond the lien if Tenant fails to do so within 20 days after Tenant has notice about the Lien. Landlord’s costs shall be added rent. 8. Repairs Tenant must take good care of the Apartment and all equipment and fixtures in it. Landlord will repair the plumbing, heating and electrical systems. Tenant must, at Tenant’s cost, make all repairs and replacements whenever the need results from Tenant’s act or neglect. If Tenant fails to make a needed repair or replacement, Landlord may do it. Landlord’s reasonable expense will be added rent. 9. Fire, accident, defects, damage Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Apartment cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is unusable. If part of the Apartment cannot be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable. Landlord need only repair the damaged part of the Apartment, Landlord is not required to repair or replace any fixtures, furnishings or decorations but only equipment that is originally installed by Landlord. Landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord’s control. If the apartment cannot be used, Landlord has 30 days to decide whether to repair it. Landlord’s decision to repair must be given by notice to Tenant within 30 days of the fire or casualty. Landlord shall have a reasonable time to repair. In determining what is a reasonable time, consideration shall be given to any delays in receipt of insurance settlements, labor trouble and causes not within Landlord’s control. If Landlord fails to give Tenant notice of its decision within 30 days, Tenant may cancel the lease as of the date of the fire or casualty. The cancellation shall be effective only if it is given before Landlord begins to repair or before Landlord notifies Tenant of its decision to repair. If the fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant all repairs will be made at Tenant’s expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish, rebuild or renovate the Building if there is substantial damage by fire or other casualty. Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord’s intention to demolish, rebuild or renovate. The Lease will end 30 days after Landlord’s cancellation notice to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled Landlord is not required to repair the Apartment or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. 10. Liability Landlord is not liable for loss, expense, or damage to any person or property, unless due to Landlord’s negligence. Landlord is not liable to Tenant for permitting or refusing entry of anyone into the Building, Tenant must pay for damages suffered and reasonable expenses of Landlord relating to any claim arising from any act or neglect of Tenant. If an action is brought against Landlord arising from Tenant’s act or neglect Tenant shall defend Landlord at Tenant’s expense with an attorney of Landlord’s choice. Tenant is responsible for all acts or neglect of Tenant’s family, employees, guests or invitees. Tenant shall maintain a renter’s insurance policy to cover against any losses. ll. Entry by Landlord Landlord may enter the Apartment at reasonable hours to; repair, inspect, exterminate, install or work on wiring systems or other systems or equipment and perform other work that Landlord decides is necessary or desirable. Within 30 days of move-out, landlord or landlord’s agent can enter apartment with a 6 hour prior notice to view the apartment with potential tenants. 12. Assignment and sublease Tenant must not assign all or part of this Lease or sublet all or part of the Apartment or permit any other person to use the Apartment. If Tenant does, Landlord has the right to cancel the Lease as stated in the Tenant’s Default section. State law may permit Tenant to sublet under certain conditions. Tenant must get Landlord’s written permission each time Tenant wants to assign or sublet, Permission to assign or sublet is good only for that assignment or sublease. Tenant remains bound to the terms of this lease after an assignment or sublet is permitted, even if Landlord accepts money from the assignee or subtenant. The amount accepted will be credited toward money due from Tenant, as Landlord shall determine. The assignee or subtenant does not become Landlord’s tenant. Tenant is responsible for acts and neglect of any person in the Apartment. 13. Subordination This Lease and Tenant’s rights, are subject and subordinate to all present and future: (a) leases for the Building or the land on which it stands, (b) mortgages on the leases or the Building or land, (c) agreements securing money paid or to be paid by a lender, and (d) terms, conditions, renewals, changes of any kind and extensions of the mortgages, leases or lender agreements. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Lease is so subject and subordinate. Tenant gives limited power of attorney to Landlord to sign these certificate(s) for Tenant. 14. Condemnation If all of the Apartment or Building is taken or condemned by a legal authority, the Term, and Tenant’s rights shall end as of the date the authority takes title to the Apartment or Building, If any part of the Apartment or Building is taken, Landlord may cancel this Lease on notice to Tenant. The notice shall set a cancellation date not less than 30 days from the date of the notice. If the Lease is cancelled, Tenant must deliver the Apartment to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to Landlord. Tenant assigns to Landlord any interest Tenant may have to any part of the award. Tenant shall make no claim for the value of the remaining part of the Term. 15. Construction or demolition Construction or demolition may be performed in or near the Building. Even if it interferes with Tenant’s ventilation, view or enjoyment of the Apartment it shall not affect Tenant's obligations in this Lease. 16. Tearing down the building If the Landlord wants to tear down the entire Building, Landlord shall have the right to end this Lease by giving six (6) months notice to Tenant. If Landlord gives Tenant such notice and such notice was given to every residential tenant in the Building, then the Lease will end and Tenant must leave the Apartment at the end of the 6 month period in the notice. Initials Page 2 of 6 D: OUN PK 09 DM INDEX NO. 507079/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021 17. Liability for property left with Landlord’s employees Landlord’s employees are not permitted to drive Tenant’s cars or care for Tenant’s cars or personal property. Tenant must not leave a car or other personal property with any of Landlord’s employees. Landlord is not responsible for (a) loss, theft or damage to the property, and (b) injury caused by the property or its use. 18. Playground, parking and recreation areas If there is a playground, parking or recreation area, Landlord may give Tenant permission to use it. Tenant will use the area at Tenant’s own risk and must pay all fees Landlord charges. Landlord’s permission may be cancelled at any time. 19. Terraces and balconies The Apartment may have a terrace or balcony. The terms of this Lease apply to the terrace or balcony as if part of the Apartment. The Landlord may make special rules for the terrace and balcony. Landlord will notify Tenant of such rules. Tenant must keep the terrace or balcony clean and free from snow, ice, leaves and garbage and keep all screens and drains in good repair. No cooking is allowed on the terrace or balcony. Tenant may not keep plants, or install a fence or any addition on the terrace or balcony. If Tenant does, Landlord has the right to remove and store them at Tenant’s expense. Tenant shall maintain the terrace and balcony in good repair. 20. Tenant’s certificate Upon request by Landlord, Tenant shall sign a certificate stating the following: (1) This Lease is in full force and unchanged (or if changed, how it was changed); and (2) Landlord has fully performed all of the terms of this Lease and Tenant has no claim against Landlord; and (3) Tenant is fully performing all the terms of the Lease and will continue to do so; (4) rent and added rent have been paid to date; and (5) any other reasonable statement required by Landlord. The certificate will be addressed to the party Landlord chooses. 21. Correcting Tenant’s defaults If Tenant fails to timely correct a default after notice from Landlord, Landlord may correct it at Tenant’s expense. Landlord’s costs to correct the default shall be added rent. 22. Tenant’s duty to obey laws and regulations Tenant must, at Tenant’s expense, promptly comply with all laws, orders, rules, requests, and directions, of all governmental authorities, Landlord’s insurers, Board of Fire Underwriters, or similar groups. Notices received by Tenant from any authority or group must be promptly delivered to, Landlord. Tenant may not do anything which may increase Landlord’s insurance premiums. If Tenant does, Tenant must pay the increase in premium as added rent. 23. Tenant’s default A. Landlord must give Tenant written notice of default stating the type of default. The following are defaults and must be cured by Tenant within the time stated: (1) Failure to pay rent or added rent on time, 5 days. (2) Failure to move into the Apartment within 15 days after the beginning date of the Term, 10 days. (3) Issuance of a court order under which the Apartment may be taken by another party, 10 days. (4) Improper conduct by Tenant annoying other tenants, 10 days. (5) Failure to comply with any other term or Rule in the Lease, 10 days. If Tenant fails to cure the default in the time stated, Landlord may cancel the Lease by giving Tenant a cancellation notice. The cancellation notice will state the date the Term will end which may be no less than 10 days after the date of the notice. On the cancellation date in the notice the Term of this Lease shall end. Tenant must leave the Apartment and give Landlord the keys on or before the cancellation date. Tenant continues to be responsible as stated in this Lease. If the default cannot be cured in the time stated Tenant must begin to cure within that time and continue diligently until cured. B, If Tenant’s application for the Apartment contains any material misstatement of fact, Landlord may cancel this Lease. Cancellation shall be by cancellation notice as stated in Section 23.A. C. If (1) the Lease is cancelled; or (2) rent or added rent is not paid on time; or (3) Tenant vacates the Apartment, Landlord may, in addition to other remedies, take any of the following steps: (a) peacefully enter the Apartment and remove Tenant and any person or property, and (b) use eviction or other lawsuit method to take back the Apartment. D. If this Lease is cancelled, or Landlord takes back the Apartment, the following takes place: (1) Rent and added rent for the unexpired Term becomes due and payable. (2) Landlord may relet the Apartment and anything in it. The reletting may be for any term. Landlord may charge any rent or no rent and give allowances to the new tenant. Landlord may, at Tenant’s expense, do any work Landlord reasonably feels needed to put the Apartment in good repair and prepare it for renting. Tenant stays liable and is not released except as provided by law. (3) Any rent received by Landlord for the re-renting shall be used first to pay Landlord’s expenses and second to pay any amounts Tenant owes under this Lease. Landlord’s expenses include the costs of getting possession and re-renting the Apartment, including, but not only reasonable legal fees, brokers fees, cleaning and repairing costs, decorating costs and advertising costs. (4) From time to time Landlord may bring actions for damages. Delay or failure to bring an action shall not be a waiver of Landlord’s rights. Tenant is not entitled to any excess of rents collected over the rent paid by Tenant to Landlord under this Lease. (5) If Landlord relets the Apartment combined with other space an adjustment will be made based on square footage. Money received by Landlord from the next tenant other than the monthly rent, shall not be considered as part of the rent paid to Landlord. Landlord is entitled to all of it. If Landlord relets the Apartment the fact that all or part of the next tenant’s rent is not collected does not affect Tenant’s liability. Landlord has no duty to collect the next tenant’s rent. Tenant must continue to pay rent, damages, losses and expenses without offset. E, If Landlord takes possession of the Apartment by Court order, or under the Lease, Tenant has no right to return to the Apartment. 24. Jury trial and counterclaims Landlord and Tenant agree not to use their right to a Trial by Jury in any action or proceeding brought by either, against the other, for any matter concerning this Lease or the Apartment. This does not include actions for personal injury or property damage. Tenant gives up any right to bring a counterclaim or set-offin any action or proceeding by Landlord against Tenant on any matter directly or indirectly related to this Lease or Apartment. 25. TENANT shall not interpose any counterclaim in any action or proceeding brought by the LANDLORD. TENANT may bring a separate Initials Page 3 of 6 D: OUN PK 09 DM INDEX NO. 507079/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021 action. No consolidation or joint trial shall be sought by TENANT or permitted to TENANT in connection with any proceeding or action brought by LANDLORD. 26. No waiver, illegality Landlord’s acceptance of rent or failure to enforce any term in this Lease is not a waiver of any of Landlord’s rights. If a term in this Lease is illegal, the rest of this lease remains in full force. 27. Insolvency If (1) Tenant assigns property for the benefit of creditors, or (2) a non-bankruptcy trustee or receiver of Tenant or Tenant’s property is appointed, Landlord may give Tenant 30 days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the 30 days, the Term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses without offset. If Tenant files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against Tenant, Landlord may not terminate this Lease. 28. Rules Tenant must comply with these Rules. Notice of new Rules will be given to Tenant. Landlord need not enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates these Rules . Tenant receives no rights under these Rules: (1) The comfort or rights of other Tenants must not be interfered with. This means that annoying sounds, smells and lights are not allowed. (2) Even where tenants are allowed on the roof, Nothing may be placed on or attached to fire escapes, sills, windows or exterior walls of the Apartment or in the hallways or public areas. (3) Tenant may not operate manual elevators. Smoking is not permitted in elevators. Bicycles are not allowed on passenger elevators. (4) Tenant must give to Landlord keys to all locks. Doors must be locked at all times. Windows must be locked when Tenant is out. (5) No waterbeds allowed in Apartments. (6) Dogs, cats or other animals or pets are not allowed in the Apartment or Building unless permitted in writing by Landlord. (7) Garbage disposal rules must be followed. Wash lines, vents and plumbing fixtures must be used for their intended purpose. (8) Laundry machines, if any, are used at Tenant’s risk and cost. Instructions must be followed. (9) Moving furniture, fixtures or equipment must be scheduled with Landlord. Tenant must not send Landlord’s employees on personal errands. (10) Improperly parked cars may be removed without notice at Tenant’s cost. (11) Tenant must not allow the cleaning of the windows or other part of the Apartment or Building from the outside. (12) Tenant shall conserve energy. 29. Representations, changes in Lease Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others. This Lease may be changed only by an agreement in writing signed by and delivered to each party. 30. Landlord unable to perform If due to labor trouble, government order, lack of supply, Tenant’s act or neglect, or any other cause not fully within Landlord’s reasonable control, Landlord is delayed or unable to (a) carry out any of Landlord’s promises or agreements, (b) supply any service required to be supplied, (c) make any required repair or change in the Apartment or Building, or (d) supply any equipment or appliances Landlord is required to supply, this Lease shall not be ended or Tenant’s obligations affected. 31. End of term At the end of the Term, Tenant must: leave the Apartment clean and in good condition, subject to ordinary wear and tear; remove all of Tenant’s property and all Tenant’s installations and decorations; repair all damages to the Apartment and Building caused by moving; and restore the Apartment to its condition at the beginning of the Term. If the last day of the Term is on a Saturday, Sunday or State or Federal holiday the Term shall end on the prior business day. 32. Space “as is” Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apartment as is except for latent defects. 33. Landlord’s warranty of habitability Landlord states that the Apartment and Building are fit for human living and there is no condition dangerous to health, life or safety. 34. Landlord’s consent If Tenant requires Landlord’s consent to any act and such consent is not given, Tenant’s only right is to ask the Court for a declaratory judgment to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because such consent was not given. 35. Limit of recovery against Landlord Tenant is limited to Landlord’s interest in the Building for payment of a judgment or other court remedy against Landlord. 36. Lease binding on This Lease is binding on Landlord and Tenant and their heirs, distributes, executors, administrators, successors and lawful assigns. 37. Landlord Landlord means the owner (Building or Apartment), or the lessee of the Building, or a lender in possession. Landlord’s obligations end when Landlord’s interest in the (Building or Apartment) is transferred. Any acts Landlord may do may be performed by Landlord’s agents or employees. 38. Paragraph headings The paragraph headings are for convenience only. 39. Furnishings If the Apartment is furnished, the furniture and other furnishings are accepted as is. Ifan inventory is supplied each party shall have a signed copy. At the end of the Term Tenant shall return the furniture and other furnishings clean and in good order and repair. Tenant is not responsible for ordinary wear and damage by the elements. 40. Amendment: No amendment, modification, or alteration of this lease is binding unless in writing, dated subsequent to the date of this Initials Page 4 of 6 D: OUN PK 09 SIV INDEX NO. 507079/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021 lease, and duly executed by the parties. 41. Landlord is not responsible for any items/packages lost damaged or stolen in the building. Signatures, effective date Landlord and Tenant have signed this Lease as of the above date. It is effective when Landlord delivers to Tenant a copy signed by all parties. LANDLORD: TENANT: ZS Ld J fl C avon ope WITNESS GUARANTY OF PAYMENT Date of Guaranty Guarantor and address: 1, Reason for guaranty I know that the Landlord would not rent the Apartment to the Tenant unless I guarantee Tenant’s performance. I have also requested the Landlord to enter into the Lease with the Tenant. I have a substantial interest in making sure that the Landlord rents the Premises to the Tenant. 2.) Guaranty I guaranty the full performance of the Lease by the Tenant. This Guaranty is absolute and without any condition, It includes, but is not limited to, the payment of rent and other money charges. 3.) Changes in Lease have no effect This Guaranty will not be affected by any change in the Lease, whatsoever. This includes, but is not limited to, any extension of time or renewals. The Guaranty will bind me even if I am not a party to these changes. 4.) Waiver of Notice I do not have to be informed about any default by Tenant. I waive notice of nonpayment or other default. 5.) Performance Ifthe Tenant defaults, the Landlord may require me to perform without first demanding that the Tenant perform. 6.) Waiver of jury trial I give up my right to trial by jury in any claim related to the Lease or this Guaranty. 7.) Changes This Guaranty can be changed only by writien agreement signed by all parties to the Lease and this Guaranty. yo GUARANTOR: G o Guarantor’s address: WITNESS: RIDER TO LEASE Initials Page 5 of 6 D: OUN PK 09 DM INDEX NO. 507079/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021 1 For any reason a tenant should break the term of this lease a $1,500.00 fee will be due and is responsible rent to be paid until a new tenant has taken over. Unless otherwise permitted by this lease. 2. Locks & Keys It is not permitted for tenant to change the apartment or mailbox lock without permission from landlord, there will be a penalty of $150.00. To obtain an additional apartment door key there's a charge of $85.00 Elevator The landlord reserves the right to discontinue elevator service and remove the elevator from the building. Landlord must give 60 days prior notice. Low Voltage Wiring Landlord has pre-wired each unit for telephone, cable TV, intercom, and internet. Tenant shall not allow any other wiring to be brought into the apartment without prior written consent from the Landlord. In addition, tenant shall not tamper with, alter or gain access to the build-in wiring of the unit, If any installed low-voltage wiring malfunctions on account of tenant’s actions, tenant shall be liable for the repair of replacement of such wiring and/or equipment which will be billed to tenant as additional rent. Appliances The landlord has provided the tenant with the following appliances, refrigerator, and stove. The tenant agrees not to cause any damage to the appliances other than normal wear and tear. Upon leaving the apartment tenant shall leave behind the appliances in good working order and condition. ‘Access The tenant shall provide the landlord with access to the apartment at reasonable hours upon 24 hours” notice in order to carry our improvements or necessary work in the building or for mandated inspections. In addition, landlord may, under compelling circumstances after attempting to contact tenant, enter the tenant’s apartment to carry our emergency repairs when the need arises. Tenant shall not change the lock on the front door nor add additional locks. Common Areas Tenant may store bicycles in the designated areas only. Tenant shall not store any other personal belongings in any common area of the building or on the roof. Any items left in the common areas for more than 24 hours shall be deemed abandoned and may be removed by the landlord. Tenant shall not post any bills in the common areas except in areas designated by the landlord. Smoking is prohibited in any part of the common area. Refuse Tenant shall not leave any refuse in any common area of the building. Tenant shall place refuse only in designated areas and shall follow the posted notices regarding disposal and recycling of refuse. Tenant shall be responsible for any fines imposed by the Department of Sanitation on account of tenant’s failure to follow proper disposal regulations. Nuisance Tenant shall not create a condition that would reasonably interfere with other tenant’s peaceful enjoyment of the building. A nuisance shall include but is not limited to: loud noise from the apartment, foul odor coming out of the apartment, loitering in the common areas or in front for the building, verbally threatening or abusing another tenant, inviting frequent visitors at odd hours, engaged in unlawful acts etc.. Any violation of this provision shall constitute a default under the lease as per 23A (4) of the lease. 10. Fee Tenant has not paid a fee to the landlord to rent the apartment. If the Landlord has paid a broker’s fee, tenant agrees that this fee may be deducted from the Security Deposit if the lease is terminated early. i Insurance Tenant must maintain a renter’s insurance policy, and tenant shall hold landlord and landlord’s insurance company harmless in case of damage to tenant’s property, except if due to landlord’s gross negligence. 12. Pest Control Tenant shall facilitate ace: s for landlord’s pest-control contractor to treat against pest and rodent infestation. Treatments may be on a regular monthly schedule or on an as-needed basis. Tenant further agrees to employ housekeeping practices in order to prevent pest infestation. Tenant shall not bring used mattresses or furniture into the apartment, Tenant shall be liable for any infestation caused by tenant’s negligence including the introductions of bed- bugs. 13, Tenant understands that occupation of the apartment is subject to Owners bank approval & Language of the lease may be reviewed and modified by Owners bank. Shall any language be modified; Tenant will then get a copy of modified lease. 14, Late Fees rent is due on the first day of the month, and must be received no later than the fifth (5"") day of the month. if rent is received by landlord after the 5" of the month, Tenant shall be charged a Late Fee of 6% of the amount due as added rent. Rent must be paid full without any deductions. Payment of less than amount stated in this lease shall be deemed nothing more than partial payments. Under no circumstances shall Landlord’s acceptance of partial payment constitute accord and satisfaction nor will it forfeit Landlord’s right to collect the balance due on the account, despite any endorsement, stipulation, or other statement on any check. 15, Returned Checks If Tenant’s check is refused by Tenant’s bank for any reason, Tenant shall be charged a service charge of $100.00 as added rent. in addition, if two (2) of Tenants checks are refused by the bank in any twelve (12) month period, Landlord shall not be required to accept checks from Tenant as payment, rather Tenant shall be required to remit bank-checks or money orders only for subsequent twelve (12) months. 16. T understand and agree that if I add or change locks n the premises the Landlord shall be given copies of the keys. Landlord reserves the right at all times to enter the apartment for the purpose of; inspection, repairs, extermination or showing to prospective Tenants or purchasers. If any time you are not personally present to permit Landlord to enter and entry is necessary Landlord may nevertheless enter the apartment and may enter by force in an emergency. 17. Tunderstand and agree that we must refrain from loud parties or other disturbances such as loud music or radio playing so as not to disturb other people’s peace and quit. And the same, loitering in the hallways and front ofthe building is prohibited. 18. Pets. Only Small pets less than 25 pounds are allowed in the building. Any pet bigger than 25 Pounds must be registered with landlord. 19. Tenant shall use the apartment for living purposes only and understands and agrees that the apartment is leased to_ _ person(s). All family members of the household must be recorded here. Tenant’s visitors may remain in the apartment no longer than one week, except w written permission of the Landlord. 20. Common areas of building such as stairs, stairwells, halls, lobbies, fire escapes, basement, etc., are to be used only for the purpose intended. No articles belonging to Tenant should be kept in such areas. 21 Locked out service the landlord is not responsible for tenant locked out of the apartment or mailbox; however we can provide the service for you for a minimum fee at tenant’s responsibility. Lockout of the apartment service $65.00 and lockout of mailbox $45.00. 22, Lease Renewal Fee Tenant will be charged a renewal fee when renewing this lease. TENANT HEREBY CERTIFIES THAT THEY HAVE READ THE LEASE AND THIS ACCOMPANYING RIDER AND THAT THEY UNDERSTAND AND AGREE TO ALL THE PROVISIONS CONTAINED IN THEM. TEANANT AND LANDLORD AGREE TO BE BOUND BY THIS LEASE AND THAT THIS AGREEEMENT CANNOT BE CHANGED EXCEPT IN WRITIN IGNED BY BOTH PARTIES. Landlord Zi ie Tenant Initials Page 6 of 6 D KIN OUNTY K 0 INDEX NO. 507079/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF: 09/02/2021 RIDERS TO LEASE OPERA HOUSE LOFTS LLC Address:27 Arion Place Unit # 209 Brooklyn, NY 11206 OUN PK 09 DM INDEX NO. 507079/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF 09/02/2021 RIDER TO LEASE WINDOW GUARDS / SMOKE & CARBON MONOXIDE DETECTORS/ RECYCLABLES Unit #209 LEASE NOTICE TO TENANT (S): Sarah Labriola Gavin Koepke WINDOW GUARDS REQUIRED You are required by law to have window guards installed if a child 10 years of age or younger lives in your apartment. Your Landlord is required by law to install window guar in your apartment if you a him/her to put in window guards at any time (you need not to give a reason): if a child 10 years of age or younger lives in your apartment. It is a violation of law to refuse, interfere with installation, or remove guards where required. CHECK ONE: CHILDREN 10 YEARS OF AGE OR YOUNGER LIVE IN MY APARTMENT xx NO CHILDREN 10 YEARS OF AGE OR YOUNGER LIVE IN MY APARTMENT I WANT WINDOW GUARDS EVEN THOUGH I HAVE NO CHILDREN 10 YEARS OF AGE OR YOUNGER LIVING IN MY APARTMENT For further information, call Window Falls Prevention Program, NYC Dept. of Health 125 Worth St. Rm.# 222A New York, NY 10013 Tel. 212.566.8082 1 SMOKE DETECTORS REQUIRED 1 Sara Labriola , tenant of the above referenced apartment, certify that I have inspected the apartment and that tL1 smoke detector(s) were present and in functional condition. | UNDERSTAND THAT IT IS MY RESPONSIBILITY AS A TENANT TO MAINTAIN THE SMOKE DETECTOR (S) AFTER INSTALLATION I. CARBON MONOXIDE DETECTOR (S) REQUIRED 1 Sara Labriola , tenant of the above referenced apartment, certify that I have inspected the apartment and that 1 Carbon Monoxide detector(s) were present and in functional condition I UNDERSTAND THAT IT IS MY RESPONSIBILITY AS A TENANT TO MAINTAIN THE CARBON MONOXIDE DETECTOR (S) AFTER INSTALLATION. TIL. RECYCLING CLAUSE (a) Resident’s duties: Resident agrees, at his sole cost and expense, to comply with all present and future laws, order: and regulations of all state, federal, municipal and local governments, departments, commissions and boards regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash Resident shall sort and separate such items into categories as provided by law, and in accordance with the rules and regulations adopted by Owner for the sorting and separating of such designated recyclable items New York City Department of Sanitation requires all residents to fully encase within a sealed plastic bag all mattresses or box springs being discarded for DSNY collection (b) Owner's rights if resident fails to comply: Owner reserves the right, where permitted by law, to refuuse to collect or accept from Resident any waste produ garbage, refuse or trash which is not separated and sorted as required by law, and require Resident to arrange for such collection, at Resident’s sole cost and expense, using a contractor factory to Owner. (a) Fines and penalti Indemnification of Owner: Resident shall pay all costs, expense, fines, penalties or damages imposed on Owner or Resident by reason of Resident’s failure to comply with Paragraph (s) (a) and (b) above, and shall indemnify, defend, and hold Owner harmless from and against any actions, clai s, and suits arising from such noncompliance, using counsel reasonably tis tion to owner, if Owner so elects. Resident’s noncompliance with Paragraphs (a), (b) or (c) shall constitute a violation of a substantial obligation of the tenancy, and Owner’s rules and regulations. Resident shall be liable to owner for any costs or expenses, including attorney’s fees, of any action —or proceeding by Owner against Resident, based upon Resident’s breach of Paragraph (a), (b) or (c). TENANT SIGNATURE, LIF Liat. pate 8/4/20 TENANT SIGNATURE, Conon DATE. LANDLORD SIGNATURE DATE D: OUN PK 09 DM INDEX NO. 507079/2020 NYSCEF DOC. NO. 94 RECEIVED NYSCEF 09/02/2021 RIDER TO LEASE AGREEMENT BETWEEN OPERA HOUSE LOFTS LLC AND TENANT (S) Sarah Labriola Gavin Koepke Unit #209 Security Deposit It is understood by a parties that the Security Deposit you have paid us, is for the purposes of covering any repairs that we must make to the apartment (normal wear and tear accepted) after you move out. It is not for the purpose of covering the rent if you happen to miss a month. Breach of Contract Please be further advised that pursuant to the law in New York State, you are responsible for the whole period of this lease. Accordingly, if you leave before the lease expires, you are still responsible for the remaining months on the lease, Landlord may allow for tenant to find a replacement (which must be approved by landlord) for the remainder of the lease term. Tenant shall pay a procs ing fee of $250.00. If tenant does not supply a replacement, we will make reasonable efforts to re-rent the apartment z on as we an and all ‘ciated with re-renting shall be paid by tenant, (Typically the cost is brokerage fee in the value of one month rent along with a $250.00 processing fee.) However tenant will be responsible for the remaining months of the rent until a replacement signs a new lease with us. Tenant Signature. Leg eid fl Date. 8/4/20 Tenant Signature. NON Ka oe Date.