Preview
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
49 Broadway LLC
c/o Delmar Realty Co., Inc.
1185 Sixth Avenue
Tenth Floor
New York, New York 10036
(212) 265-2280
THIRTY (30) DAY NOTICE TO CURE
To Tenant:
Stahl Midtown Properties, LLC
c/o The Stahl Organization
277 Park Avenue
New York, NY 10172
Illegal Occupant (s):
Corp."
"XYZ
Re: Demised Premises known as and located at 49 Broadway a/k/a 25 Trinity
Place, New York, New York 10006
Reference is hereby made to a certain Lease Agreement originally made by
and between Gary Builders Inc., as landlord and predecessor-in-interest to the
"Landlord"
undersigned (hereinafter referred to as the "Landlord"), and Exchange Nut Products,
Inc., as tenant, dated December 30, 1960, for the demised premises known as and
located at 49 Broadway a/k/a 25 Trinity Place, New York, New York 10006, and
designated on the tax map of the County Clerk of New York as Section 1, Block 20,
Premises"
Lot 13 (hereinafter, the "Subject Premises"), which Lease Agreement was
subsequently assigned by Assignment and Assumption of Ground Lease dated June
"Lease"
21, 2001 (hereinafter collectively referred to as the "Lease") to Stahl Midtown
"Tenant"
Properties, LLC, as assignee and successor-tenant (hereinafter, the "Tenant").
PLEASE TAKE NOTICE that you, the Tenant, have violated and continue
to violate substantial obligations of your tenancy pursuant to Paragraph 10 of the
Lease. Upon information and belief, the following violations and/ or Summons have
been filed, served and/ or issued against Landlord and/ or the Subject Premises: one
(1) violation issued by the New York City Department of Buildings ("DOB"); and ten
(10) Summonses issued and/ or served by the New York City Department of Health
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
and Mental Hygiene ("DOHMH") in connection with the cooling tower(s) at the
Subject Premises.
PLEASE TAKE FURTHER NOTICE that the Tenant has defaulted in the
observance and performance of its obligations under Paragraph 10 of the Lease, titled
Authorities,"
"Requirements of Public which provides, in pertinent part, that:
During the term Tenant shall, at its own cost and
expense, promptly observeand comply with all present
and future laws, ordinances, requirements, orders,
directions, rules and regulations of the Federal, State,
County and City Governments and of all other
governmental authorities affecting the demised
premises or appurtenances or any part thereof, and of
all their respective departments, bureaus and
officials...
Upon information and belief, the DOHMH issued ten (10) Summonses in
connection with the cooling tower at Subject Premises based upon the following:
No Maintenance Program or Plan
("
0880961950: ("Building/Facility where
cooling tower is located has not had a
Maintenance Program and Plan
developed.");
Routine Monitoring not conducted, documented at least once a
week when tower is in use
("
0880961960: ("Routine system monitoring
is not recorded weekly in that weekly system
monitoring records were missing at time of
inspection.");
Compliance Inspections not conducted, documented at least once
every 90 days when the tower is in use
("
08809691979: ("Compliance Inspection(s)
records are missing for the following dates:
no data");
Contaminants");
Twice yearly or other required cleaning not conducted or
documented
("
0880961988: ("Documentation of twice
yearly cleaning (November 1, 2016
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
November 1, 2017) was not provided at time
of inspection.");
Daily automatic or approved alternative water treatment plan
not provided
("
0880961997: ("Inspection of the system
treatment room identified inadequate
chemical treatment in that biocide delivery
was conducted without an approved written
alternative. At the time of the inspection,
there was no documentation of chemical (eg.
Biocides) treatment, and there was no
DOHMH approved written alternative water
treatment plan that justified the absence of
chemical (eg. Biocides) treatment.");
No records of allchemicals and biocides (C&B) added
("
0880962006: ("Chemical and biocide
records with time of addition and weekly
amounts were not provided. Records did not
include safety data sheet (SDS) noting
manufacturer's name, brand and purpose.");
Failure to collect, analyze or record weekly biological process
control indicators
0880962015: ("No weekly records
documenting heterotrophic plate count or dip
slide results to estimate microbial content or
recirculation water was collected and
interpreted.");
Legionella sample not collected or analyzed, or results not
recorded or reported to DOHMH as required
("
0880962024: ("Records reviewed at time of
inspection indicate required periodic
Legionella Culture sampling was not
performed.");
Failure to monitor and sample from representative locations and
times
("
0880962033: ("Water quality monitoring
sampling locations were not provided. Water
quality monitoring times were not provided.
Bacteriological indicator sample collection
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
times were not provided for the following
dates: no data. Legionella sampling
collection times were not provided for the
following dates: no data. Legionella
sampling collection times were not provided
for the following dates: no data");
Improper or Inadequate start-up procedures
0880962042: ("A the time of inspection the
maintenance program and plan failed to
include a detailed seasonal and idle period
startup procedure pursuant to 24 RCNY
Section 9-06(b)");
Upon further information and belief, the foregoing hearings for each of the
above DOHMH Summonses are scheduled for July 2, 2018, and Tenant and/ or the
Tenant's authorized agent(s) or representative(s) must attend said hearings at 8:30
a.m. on July 2, 2018, at the office of Administrative Trials and Hearings, Manhattan
10th
borough, located at 66 John Street, Floor, New York, NY 10038, and pay any
and all fines and/ or satisfy any and allcivil penalties imposed in connection with said
Summonses.
Copies of the DOHMH Summonses, along with the corresponding New York
Notices"
City Office of Administrative Trials and Hearings online "Summonses and
A."
display, are attached hereto and made a part of this Notice as "Exhibit
Upon information and belief, the Tenant failed to comply with the following
DOB violation and/ or remove said violation of record:
("
022417LBLBIO03132: ("Violation issued for failure
to file annual boiler 2015 inspection report").
Display"
A copy of the DOB's online "Violation for the above violation is
B."
attached hereto and made a part of this Notice as "Exhibit
PLEASE TAKE FURTHER NOTICE that DEMAND is hereby made
pursuant to Paragraph 20(c) of Lease that Tenant cure itsdefaults under Paragraph 10
of the Lease, as more particularly described herein, including, without limitation, the
correction, remediation and/ or removal of the above violation(s) and/ or Summonses,
along with sufficient written proof that such have been corrected, cured, remediated
and removed of record, and fully paid, and written confirmation and any supporting
documentation to sufficiently demonstrate that Tenant and/ or Tenant's authorized
agent(s) or representative(s) will appear and/ or attend the aforementioned hearing(s)
on July 2, 2018, as well as any and all subsequent or further hearing(s), in connection
with the above DOHMH Summonses, and/ or pay any and all fines and/ or satisfy any
and all civil penalties imposed for said Summonses, on or before March 31 2018,
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
which date is not less than thirty (30) days from the delivery of this Notice To Cure
to the Tenant. If such cure is not effectuated by March 31, 2018 the Landlord may
terminate your tenancy pursuant to the terms of the Lease.
Dated: February 6, 2018
New York, New York 10036
Landlord:
49 Broadway LLC
c/o Delmar Realty Co., Inc.
LoÚÏsa Little
Treasurer
VIA REGISTERED MAIL, RETURN RECEIPT REQUESTED, and
REGULAR MAIL:
To: Stahl Midtown Properties, LLC
c/o The Stahl Organization
277 Park Avenue,
New York, NY 10172
Stahl Midtown Properties, LLC
c/o The Stahl Real Estate Co.
277 Park Avenue,
New York, NY 10172
Corp."
"XYZ
49 Broadway a/k/a
25 Trinity Place
New York, NY 10006
National Westminster Bank
175 Water Street
New York, NY 10038
Attn: Thomas Masale
ID NO D60C1 0101
I
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
a
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED 7NYSCEF: 03/12/2018
I
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SUMMONS • FOR CIVIL PENALTIES ONLY
Health 7
SUMMONS NUMBER: 0880961950
s s ~
P
ENFORCEMENT AGENCY NAME: DEPT. OF HEALTH AND MENTAL HYGlENE
DIVISION: Environmental
Health
BUREAU: Public Health
Engineering
AGENCY ADDRESSAND PHONE NUMBER: 4249 28th 14th Floor, Queens, NY 11101
Street, Phone: 347-396-6001
RESPONDENT: 49 BROADWAY SOLll MANAGEMENT LLC DBA:
MAILING ADDRESS: 1185 6TH Ave, FI10, New York, NY 10036 ID NUMBER: 2000012465
DATE OF OCCURRENCE: 08/24/2017 TIME OF OCCURENCE: BOROUGH: Manhattan
PLACEOF OCCURRENCE: 49 BROADWAY, Manhattan, NY 10006
You must respond to the Summons. You can appear on the hearing data and the location below or choose another option. Forother options
on how to respond, seethe back of this page.
HEARING DATE: 07/02/2018 AT: 08:30
OFFICEOF ADMINISTIiATIVE TRIALS AND HEARINGS:
X Manhattan Statenisland Bronx p Queens Brooklyn
66 John Street,
10th Floor 350 St. Marks Place 3030 Third Ave 14446 94th Ave, MainFloor 9 Bond St, 7th Floor
New York,NY 10038 Statenisland, NY 10301
Bron x, NY 10455 Jamaica, NY 11435 NY 11201
Brooklyn,
INSTRUCTIONSFORRESPONDING TOTHIS5UMMONSAREON THEBACKOFTHI5 PAGE.
REFERTOTHESUMMONSNUMBERABOVEONALLCORRESPONDENCE.
WARNINGr If you do not show up for your hearing (or pay the penalty by mall If permitted) the Summonswill be decided againstyou and
peDaltjpswill be Impose1.Loud r C ~ leit._
MD.Enay.alsq.besuspendedpr .ravokedJ0Additton,_the.Gy..mayantfita_MgingspøJMLyou
dg
Detalls
of Vlolatlan(s)
NoMaintenanceProBramorPlan
24 RCNY 1843 AHSA Mall-InPenalty: 1000 Maximum Penalty: 2000
where cooling
Building/Facility tower Is located has not hada
MaintenanceProgramand Plandeveloped.
NYCCharter Sections1048 and 1049-a and the Rulesof the City of New York authorize the NYCOffice of Administrative Trials and Hearings
(OA_ERto hold hearings.For hearingoptions, see ot
side of this notice.
1,an employee of the agency named above, affirm under penalty of perjury that I personallyobserved the commissionof the violation(s)
charged above and/or verified their existencethrough a review of departmental records. Falsestatements made herein are punishable as a
ClassA Mlsdemeanor pursuant to section 210.45of the PenalLaw.
Eduardo Castillo
Salcedo / 0412 Inspector 818
Name/ID: Rank/TItle: Agency Code:
I acknowledge that I havereceived 4 copy of this Summonsand Instructions forresponding and that I am authorized to accept serviceof this
Summons.
Receivedby: Title: Date:
I IIIIII II
0880961950
08809Gl950
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF
11/20/2017DOC. NO. 4 NYC Office
of Administrative
Trials
and Hearings RECEIVED NYSCEF: 03/12/2018
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Office of Administrative
Trials and Hearings . ~ d" ''.~''i"nt'
Summonses and Notices with ECB Hearings at OATH
I
Case Details
Summons/Notice Number: 0880961950
Date Issued: 08/24/2017
Issuing Agency: DOHMH - COOLING TOWERS
Respondent Name: 49 BROADWAY SOLIL MANAGEMENT
Balance Due: $1000.00 How To Pav
Inspection Location: 49 BROADWAY NEW YORK NY 10006
Respondent Address: 1185 AVENUE OFTHE AMERICAS NEW YORK NY 10036
View Imaae of Summons/Notice
re Detai s
Status of Summons/Notice: NEW ISSUANCE
Hearing Result:
Hearing Location: Manhattan Hearino Locations
'
Hearing Date: 07/02/2018 One Click Hearinas by Telephone How To Pav
Exp0anation of Charges
New Search
~
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Map
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FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
SUMMONS 0 FOR CIVllPENALTIES ONLY
Henkh
SUMMONS NUMBER: 0880961960
I, ~
ENFORCEMENT AGENCY NAME: DEPT. OF HEALTH AND MENTAL HYGlENE
DIVISION: Environmental
Health
BUREAU: Public Health Engineering
AGENCY ADDRESSAND PHONE NUMBER: 42-09 Floor, Queens, NY 11101
28th Street, 14th Phone: 347-396-6001
RESPONDENT: 49 BROADWAY SOLlL MANAGEMENT LLC DBA:
MAILING ADDRESS: 1185 6TH Ave, F110, New York, NY 10036 ID NUMBER: 2000012465
DATE OF OCCURRENCE: 08/24/2017 TIME OF OCCURENCE: BOROUGH: Manhattan
PLACEOF OCCURRENCE: 49 BROADWAY, Manhattan, NY 10006
You must respond to the Summons. You can appear on the hearing date and the location below or chooseanother option.
For other options
on how to respond, see the back of this page.
HEARING DATE: 07/02/2018 AT: 0890
OFFICEOF ADMINISTRATIVE TRIAA.SAND HEARINGS:
X Manhattan StatenIsland Bronx Q Queens 0 Brooklyn
66 John Street,
10th Floor 350St.Marks Place 3030 Third Ave 144-06 94th Ave, Main
Floor 9 Bond St, 7th Floor
New York, NY 10038 StatenIsland, NY 10301
Bronx, NY 10455 Jamaica, NY 11435 NY 11201
Brooklyn,
INSTRUCTIONSFORRESPONDING TOTHI5 SUMMONSAREON THEBACKOFTHISPAGE
REFERTOTHESUMMONSNUMBERABOVEONALLCORRESPONDENCE.
WARNING: If you do not showup foryour
hearing (or pay the penalty by mallif
permitted) the Summonswill be decided againstyou and
ReggltlplW.(llbJLllURINeA.Ioutilk
ns.my.30.As sussended or.revoked, In addition. the City mov enteraludgrosnuala,st
ygy.In.son.tt,__
Details
of Violatlan(s)
floutine
monitoring notconducted, documented at least once a week when
tower Is In use
24 RCNY §8-04[a) AH8C Mall-InPenalty: 500 Maximum Penalty: 1000
Routine system Is not recorded
monitoring weekly In that
weeklysystemmonitoringrecords were missing at time
of Inspection.
NYCCharter Sections1048 and 1049-aand the Rulesof the City of New Yorkauthorize the NYCOffice of Administrative Trials and Hearings
(OATH)to hold hearings. For hearing option
see other side of this notice.
I, an employee of the agency named above, afArm under penalty of perlury that I personally observed the commissionof the violatlan(s)
charged above and/or verined their existencethrough a review of departmental records. Falsestatements made herein are punishable as a
ClassA Mlsdemeanor pursuant to section 210.45 of the PenalLaw.
Eduardo Castillo Salcedo / 0412 Inspector 818
Name/iD: Rank/Title: Agency Code:
I acknowledge that Ihave receiveda copy of this Summonsand Instructions for responding and that I am authorized to accept service of this
Summons.
Receivedby: Title: Date:
III IIIIIIIIII
0880961960
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC.
11/20/2017 NO. 4 NYC Officeof Administrative
Trials
and Hearings RECEIVED NYSCEF: 03/12/2018
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Summonses and Notices with ECB Hearings at OATH
„-'jsee iteeetatie
Summons/Notice Number: 0880961960
Date Issued: 08/24/2017
Agency: DOHMH - COOLING TOWERS
Issuing
Respondent Name: 49 BROADWAY SOLIL MANAGEMENT
Balance Due: $500.00 How To Pay
Inspection
kee8$% e eeve ~ e
Location:
ve pe eve ~~ 49 BROADWAY NEW YORK NY 10006
Respondent Address: 1185 AVENUE OF THE AMERICAS NEW YORK NY 10036
View Image of Summons/Notice
j'diorr.'.
Oeltat)s
Status of Summons/Notice: NEW ISSUANCE
Hearing Result:
Hearing Locatiom Manhattan Hearing Locations
Hearing Date: 07/02/2018 0_ne Click Hearings by Telephone How To Pay
,".:/r.<.~lair1ation
of Citarges
New Search
i I
Copyright 2011 The Cityof New York Contact Us | FAQs | Privacy
Statement | Terms of Use| Site
Map
http://a820-ecbticketfinder.nyc.gov/getViolationbylD.action 1/1
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
SUMMONS a FOR CIVllPENALTIES ONLY
Haalth
SUMMONS NUMBER: 0880961979
I
ENFORCEMENT AGENCY NAME: DE . OF HEALTH AND MENTAL HYGlENE
DIVISION: Environmental
Health
BUREAU: Public Health
Engineering
AGENCY ADDRESSAND PHONE NUMBER: 42-09 28th Street, Phone: 347-396-6001
14th Floor, Q ueens, NY 11101
RESPONDENT: 49 BROADWAY SOLlL MANAGEMENT LLC DBA:
MAILING ADDRESS: 1185 6TH Ave, F110, New York, NY 10036 ID NUMBER: 2000012465
DATE OF OCCURRENCE: 08/24/2017 TIME OF OCCURENCE: BOROUGH: Manhattan
PLACE OF OCCURRENCE: 49 BROADWAY, Manhattan, NY 10006
. 1 ., . ,
You must respond to the Summons. Youcan appear on the hearing data and the location below or chooseanother option.
Forother options
on how to respond, see the back of this page.
HEARING DATE: 07/02/2018 AT: 08:30
OFFICE OF ADMINISTRATIVE TRIAA.SAND HEARINGS:
X Manhattan StatenIsland Bronx Queens Brooklyn
66 John Street,
10th Floor 350 St. Marks
Place 3030 Third Ave 14406 94th Ave,Main Floor 9 Bond St, 7th Floor
New York, NY 20038 5tatenIsland, NY 10301Bronx, NY 10455 Jamaica, NY 11435 NY 11201
Brooklyn,
INSTRUCTIONSFORRESPONDING TOTHISSUMMONSAREON THEBACKOFTHISPAGE.
REFERTO THESUMMONSNUMBERABOVEONALLCORRESPONDENCE.
WARNING: If you do not show up for your hearing (or pay the penalty by mall If permitted) the Summonswill be decidedagainstyou and
ACMliterwiftbalmnosed..Y.our-IIsensam9ulai1.basu.sp.endad-qum_oldJaadditiondha£11Y_D13ED.tatR14dRD19012RRIGILVEL]M0311..-
Details of Vlolation(s)
CompRanceInspectionsnatconducted, 'documentedatleastonesevery90dayswhenthetower h In use
24 RCNY 98-04[b) AH8D Mall-InPenalty: 500 Maximum Penalty: 2000
Compliance records are missing for
Inspection(s) the following
dates:no data
A
NYCChartersections1048 and 1049-a and the Rulesof the aty of NewYork authorize the NYCOffice of AdministrativeTrlals and Hearings
see other side of this notice.
(OATH)to hold hearings.For hearing options
I, an employee of the agencynamed above, affirm under penalty of perjury that 1personally observed the commissionof the violatIon(s)
charged above and/or verified their existence through a review of departmentairecords. Falsestatements made herein are punishable as a
ClassA Mlsdemeanor pursuant to section 210.45 of the PenalLaw.
Eduardo Castillo Salcedo / 0412 Inspector 818
Name/ID: Rank/Title: Agency Code:
I acknowledge that I have received a copy of this summons and Instructions for responding and that 1am authorized to accept serviceof this
Summons.
Receivedby: Title: Date:
III IIIIEIIPI I
0880961979
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF
11/20/2017DOC. NO. 4 NYC Officeof Administrative
Trialsand Hearings RECEIVED NYSCEF: 03/12/2018
rl
i'j
1'' r r ' » Ii
Office of Adntinistrative
Trials and Hearings ,
Summonses and Notices with ECB Hearings at OATH
CaseJleDetails
Summons/Notice Number: 0880961979
DateIssued: 08/24/2017
Issuing Agency: DOHMH - COOLING TOWERS
Respondent Name: 49 BROADWAY SOLIL MANAGEMENT
Balance Due: $500.00 How To Pay
Inspection Location: 49 BROADWAY NEW YORK NY 10006
Respondent Address: 1185 AVENUE OF THE AMERICAS NEW YORK NY 10036
View Imaae of Summons/Notice
1"Ir)ll'c.
Dotal]s
Status of Summons/Notice: NEW ISSUANCE
Hearing Result:
Hearing Location: Manhattan Hearing Locations
'
Hearing Date: 07/02/2018 One Click Hearinas by Telephone How To Pav
;:,.Slrt1'JiBlnratll4>;it rlf
e..i'fiick"h) ias
I New search
Copyright 2011 The Cityof New York Contact Us | FAQs Statement
| Privacy | Terms of Use| Site
Map
1/"
http://a820-ecbticketfinder.nyc.gov/getViolationbylD.action
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018
SUMMONS a FOR CIVIL PENALTIES ONLY
gs
Hanith
SUMMONS NUMBER: 0880961988
ENFORCEMENT AGENCY NAME: DEPT. OF HEALTH AND MENTAL HYGlENE
DIVISION: Environmental
Health
Preview
FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 49 Broadway LLC c/o Delmar Realty Co., Inc. 1185 Sixth Avenue Tenth Floor New York, New York 10036 (212) 265-2280 THIRTY (30) DAY NOTICE TO CURE To Tenant: Stahl Midtown Properties, LLC c/o The Stahl Organization 277 Park Avenue New York, NY 10172 Illegal Occupant (s): Corp." "XYZ Re: Demised Premises known as and located at 49 Broadway a/k/a 25 Trinity Place, New York, New York 10006 Reference is hereby made to a certain Lease Agreement originally made by and between Gary Builders Inc., as landlord and predecessor-in-interest to the "Landlord" undersigned (hereinafter referred to as the "Landlord"), and Exchange Nut Products, Inc., as tenant, dated December 30, 1960, for the demised premises known as and located at 49 Broadway a/k/a 25 Trinity Place, New York, New York 10006, and designated on the tax map of the County Clerk of New York as Section 1, Block 20, Premises" Lot 13 (hereinafter, the "Subject Premises"), which Lease Agreement was subsequently assigned by Assignment and Assumption of Ground Lease dated June "Lease" 21, 2001 (hereinafter collectively referred to as the "Lease") to Stahl Midtown "Tenant" Properties, LLC, as assignee and successor-tenant (hereinafter, the "Tenant"). PLEASE TAKE NOTICE that you, the Tenant, have violated and continue to violate substantial obligations of your tenancy pursuant to Paragraph 10 of the Lease. Upon information and belief, the following violations and/ or Summons have been filed, served and/ or issued against Landlord and/ or the Subject Premises: one (1) violation issued by the New York City Department of Buildings ("DOB"); and ten (10) Summonses issued and/ or served by the New York City Department of Health FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 and Mental Hygiene ("DOHMH") in connection with the cooling tower(s) at the Subject Premises. PLEASE TAKE FURTHER NOTICE that the Tenant has defaulted in the observance and performance of its obligations under Paragraph 10 of the Lease, titled Authorities," "Requirements of Public which provides, in pertinent part, that: During the term Tenant shall, at its own cost and expense, promptly observeand comply with all present and future laws, ordinances, requirements, orders, directions, rules and regulations of the Federal, State, County and City Governments and of all other governmental authorities affecting the demised premises or appurtenances or any part thereof, and of all their respective departments, bureaus and officials... Upon information and belief, the DOHMH issued ten (10) Summonses in connection with the cooling tower at Subject Premises based upon the following: No Maintenance Program or Plan (" 0880961950: ("Building/Facility where cooling tower is located has not had a Maintenance Program and Plan developed."); Routine Monitoring not conducted, documented at least once a week when tower is in use (" 0880961960: ("Routine system monitoring is not recorded weekly in that weekly system monitoring records were missing at time of inspection."); Compliance Inspections not conducted, documented at least once every 90 days when the tower is in use (" 08809691979: ("Compliance Inspection(s) records are missing for the following dates: no data"); Contaminants"); Twice yearly or other required cleaning not conducted or documented (" 0880961988: ("Documentation of twice yearly cleaning (November 1, 2016 FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 November 1, 2017) was not provided at time of inspection."); Daily automatic or approved alternative water treatment plan not provided (" 0880961997: ("Inspection of the system treatment room identified inadequate chemical treatment in that biocide delivery was conducted without an approved written alternative. At the time of the inspection, there was no documentation of chemical (eg. Biocides) treatment, and there was no DOHMH approved written alternative water treatment plan that justified the absence of chemical (eg. Biocides) treatment."); No records of allchemicals and biocides (C&B) added (" 0880962006: ("Chemical and biocide records with time of addition and weekly amounts were not provided. Records did not include safety data sheet (SDS) noting manufacturer's name, brand and purpose."); Failure to collect, analyze or record weekly biological process control indicators 0880962015: ("No weekly records documenting heterotrophic plate count or dip slide results to estimate microbial content or recirculation water was collected and interpreted."); Legionella sample not collected or analyzed, or results not recorded or reported to DOHMH as required (" 0880962024: ("Records reviewed at time of inspection indicate required periodic Legionella Culture sampling was not performed."); Failure to monitor and sample from representative locations and times (" 0880962033: ("Water quality monitoring sampling locations were not provided. Water quality monitoring times were not provided. Bacteriological indicator sample collection FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 times were not provided for the following dates: no data. Legionella sampling collection times were not provided for the following dates: no data. Legionella sampling collection times were not provided for the following dates: no data"); Improper or Inadequate start-up procedures 0880962042: ("A the time of inspection the maintenance program and plan failed to include a detailed seasonal and idle period startup procedure pursuant to 24 RCNY Section 9-06(b)"); Upon further information and belief, the foregoing hearings for each of the above DOHMH Summonses are scheduled for July 2, 2018, and Tenant and/ or the Tenant's authorized agent(s) or representative(s) must attend said hearings at 8:30 a.m. on July 2, 2018, at the office of Administrative Trials and Hearings, Manhattan 10th borough, located at 66 John Street, Floor, New York, NY 10038, and pay any and all fines and/ or satisfy any and allcivil penalties imposed in connection with said Summonses. Copies of the DOHMH Summonses, along with the corresponding New York Notices" City Office of Administrative Trials and Hearings online "Summonses and A." display, are attached hereto and made a part of this Notice as "Exhibit Upon information and belief, the Tenant failed to comply with the following DOB violation and/ or remove said violation of record: (" 022417LBLBIO03132: ("Violation issued for failure to file annual boiler 2015 inspection report"). Display" A copy of the DOB's online "Violation for the above violation is B." attached hereto and made a part of this Notice as "Exhibit PLEASE TAKE FURTHER NOTICE that DEMAND is hereby made pursuant to Paragraph 20(c) of Lease that Tenant cure itsdefaults under Paragraph 10 of the Lease, as more particularly described herein, including, without limitation, the correction, remediation and/ or removal of the above violation(s) and/ or Summonses, along with sufficient written proof that such have been corrected, cured, remediated and removed of record, and fully paid, and written confirmation and any supporting documentation to sufficiently demonstrate that Tenant and/ or Tenant's authorized agent(s) or representative(s) will appear and/ or attend the aforementioned hearing(s) on July 2, 2018, as well as any and all subsequent or further hearing(s), in connection with the above DOHMH Summonses, and/ or pay any and all fines and/ or satisfy any and all civil penalties imposed for said Summonses, on or before March 31 2018, FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 which date is not less than thirty (30) days from the delivery of this Notice To Cure to the Tenant. If such cure is not effectuated by March 31, 2018 the Landlord may terminate your tenancy pursuant to the terms of the Lease. Dated: February 6, 2018 New York, New York 10036 Landlord: 49 Broadway LLC c/o Delmar Realty Co., Inc. LoÚÏsa Little Treasurer VIA REGISTERED MAIL, RETURN RECEIPT REQUESTED, and REGULAR MAIL: To: Stahl Midtown Properties, LLC c/o The Stahl Organization 277 Park Avenue, New York, NY 10172 Stahl Midtown Properties, LLC c/o The Stahl Real Estate Co. 277 Park Avenue, New York, NY 10172 Corp." "XYZ 49 Broadway a/k/a 25 Trinity Place New York, NY 10006 National Westminster Bank 175 Water Street New York, NY 10038 Attn: Thomas Masale ID NO D60C1 0101 I FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 a NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 EXHIBIT A FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED 7NYSCEF: 03/12/2018 I 1 r I 0 '3 1. h SUMMONS • FOR CIVIL PENALTIES ONLY Health 7 SUMMONS NUMBER: 0880961950 s s ~ P ENFORCEMENT AGENCY NAME: DEPT. OF HEALTH AND MENTAL HYGlENE DIVISION: Environmental Health BUREAU: Public Health Engineering AGENCY ADDRESSAND PHONE NUMBER: 4249 28th 14th Floor, Queens, NY 11101 Street, Phone: 347-396-6001 RESPONDENT: 49 BROADWAY SOLll MANAGEMENT LLC DBA: MAILING ADDRESS: 1185 6TH Ave, FI10, New York, NY 10036 ID NUMBER: 2000012465 DATE OF OCCURRENCE: 08/24/2017 TIME OF OCCURENCE: BOROUGH: Manhattan PLACEOF OCCURRENCE: 49 BROADWAY, Manhattan, NY 10006 You must respond to the Summons. You can appear on the hearing data and the location below or choose another option. Forother options on how to respond, seethe back of this page. HEARING DATE: 07/02/2018 AT: 08:30 OFFICEOF ADMINISTIiATIVE TRIALS AND HEARINGS: X Manhattan Statenisland Bronx p Queens Brooklyn 66 John Street, 10th Floor 350 St. Marks Place 3030 Third Ave 14446 94th Ave, MainFloor 9 Bond St, 7th Floor New York,NY 10038 Statenisland, NY 10301 Bron x, NY 10455 Jamaica, NY 11435 NY 11201 Brooklyn, INSTRUCTIONSFORRESPONDING TOTHIS5UMMONSAREON THEBACKOFTHI5 PAGE. REFERTOTHESUMMONSNUMBERABOVEONALLCORRESPONDENCE. WARNINGr If you do not show up for your hearing (or pay the penalty by mall If permitted) the Summonswill be decided againstyou and peDaltjpswill be Impose1.Loud r C ~ leit._ MD.Enay.alsq.besuspendedpr .ravokedJ0Additton,_the.Gy..mayantfita_MgingspøJMLyou dg Detalls of Vlolatlan(s) NoMaintenanceProBramorPlan 24 RCNY 1843 AHSA Mall-InPenalty: 1000 Maximum Penalty: 2000 where cooling Building/Facility tower Is located has not hada MaintenanceProgramand Plandeveloped. NYCCharter Sections1048 and 1049-a and the Rulesof the City of New York authorize the NYCOffice of Administrative Trials and Hearings (OA_ERto hold hearings.For hearingoptions, see ot side of this notice. 1,an employee of the agency named above, affirm under penalty of perjury that I personallyobserved the commissionof the violation(s) charged above and/or verified their existencethrough a review of departmental records. Falsestatements made herein are punishable as a ClassA Mlsdemeanor pursuant to section 210.45of the PenalLaw. Eduardo Castillo Salcedo / 0412 Inspector 818 Name/ID: Rank/TItle: Agency Code: I acknowledge that I havereceived 4 copy of this Summonsand Instructions forresponding and that I am authorized to accept serviceof this Summons. Receivedby: Title: Date: I IIIIII II 0880961950 08809Gl950 FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF 11/20/2017DOC. NO. 4 NYC Office of Administrative Trials and Hearings RECEIVED NYSCEF: 03/12/2018 'I 'I ;1 ylj Office of Administrative Trials and Hearings . ~ d" ''.~''i"nt' Summonses and Notices with ECB Hearings at OATH I Case Details Summons/Notice Number: 0880961950 Date Issued: 08/24/2017 Issuing Agency: DOHMH - COOLING TOWERS Respondent Name: 49 BROADWAY SOLIL MANAGEMENT Balance Due: $1000.00 How To Pav Inspection Location: 49 BROADWAY NEW YORK NY 10006 Respondent Address: 1185 AVENUE OFTHE AMERICAS NEW YORK NY 10036 View Imaae of Summons/Notice re Detai s Status of Summons/Notice: NEW ISSUANCE Hearing Result: Hearing Location: Manhattan Hearino Locations ' Hearing Date: 07/02/2018 One Click Hearinas by Telephone How To Pav Exp0anation of Charges New Search ~ Copyright2011 The Cityof New York Contact Us | FAQs| PrivacyStatement | Termsof Use | Site Map http://a820-ecbticketfinder.nyc.gov/getViolationbylD.action 1/1 FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 SUMMONS 0 FOR CIVllPENALTIES ONLY Henkh SUMMONS NUMBER: 0880961960 I, ~ ENFORCEMENT AGENCY NAME: DEPT. OF HEALTH AND MENTAL HYGlENE DIVISION: Environmental Health BUREAU: Public Health Engineering AGENCY ADDRESSAND PHONE NUMBER: 42-09 Floor, Queens, NY 11101 28th Street, 14th Phone: 347-396-6001 RESPONDENT: 49 BROADWAY SOLlL MANAGEMENT LLC DBA: MAILING ADDRESS: 1185 6TH Ave, F110, New York, NY 10036 ID NUMBER: 2000012465 DATE OF OCCURRENCE: 08/24/2017 TIME OF OCCURENCE: BOROUGH: Manhattan PLACEOF OCCURRENCE: 49 BROADWAY, Manhattan, NY 10006 You must respond to the Summons. You can appear on the hearing date and the location below or chooseanother option. For other options on how to respond, see the back of this page. HEARING DATE: 07/02/2018 AT: 0890 OFFICEOF ADMINISTRATIVE TRIAA.SAND HEARINGS: X Manhattan StatenIsland Bronx Q Queens 0 Brooklyn 66 John Street, 10th Floor 350St.Marks Place 3030 Third Ave 144-06 94th Ave, Main Floor 9 Bond St, 7th Floor New York, NY 10038 StatenIsland, NY 10301 Bronx, NY 10455 Jamaica, NY 11435 NY 11201 Brooklyn, INSTRUCTIONSFORRESPONDING TOTHI5 SUMMONSAREON THEBACKOFTHISPAGE REFERTOTHESUMMONSNUMBERABOVEONALLCORRESPONDENCE. WARNING: If you do not showup foryour hearing (or pay the penalty by mallif permitted) the Summonswill be decided againstyou and ReggltlplW.(llbJLllURINeA.Ioutilk ns.my.30.As sussended or.revoked, In addition. the City mov enteraludgrosnuala,st ygy.In.son.tt,__ Details of Violatlan(s) floutine monitoring notconducted, documented at least once a week when tower Is In use 24 RCNY §8-04[a) AH8C Mall-InPenalty: 500 Maximum Penalty: 1000 Routine system Is not recorded monitoring weekly In that weeklysystemmonitoringrecords were missing at time of Inspection. NYCCharter Sections1048 and 1049-aand the Rulesof the City of New Yorkauthorize the NYCOffice of Administrative Trials and Hearings (OATH)to hold hearings. For hearing option see other side of this notice. I, an employee of the agency named above, afArm under penalty of perlury that I personally observed the commissionof the violatlan(s) charged above and/or verined their existencethrough a review of departmental records. Falsestatements made herein are punishable as a ClassA Mlsdemeanor pursuant to section 210.45 of the PenalLaw. Eduardo Castillo Salcedo / 0412 Inspector 818 Name/iD: Rank/Title: Agency Code: I acknowledge that Ihave receiveda copy of this Summonsand Instructions for responding and that I am authorized to accept service of this Summons. Receivedby: Title: Date: III IIIIIIIIII 0880961960 FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. 11/20/2017 NO. 4 NYC Officeof Administrative Trials and Hearings RECEIVED NYSCEF: 03/12/2018 ! e ,h'H rr,",'./i; ,'' r e I r w A' 'Ii !rl ., 'r. Office of Administrative -:/ Trials and Hearings 1 rcr ! Summonses and Notices with ECB Hearings at OATH „-'jsee iteeetatie Summons/Notice Number: 0880961960 Date Issued: 08/24/2017 Agency: DOHMH - COOLING TOWERS Issuing Respondent Name: 49 BROADWAY SOLIL MANAGEMENT Balance Due: $500.00 How To Pay Inspection kee8$% e eeve ~ e Location: ve pe eve ~~ 49 BROADWAY NEW YORK NY 10006 Respondent Address: 1185 AVENUE OF THE AMERICAS NEW YORK NY 10036 View Image of Summons/Notice j'diorr.'. Oeltat)s Status of Summons/Notice: NEW ISSUANCE Hearing Result: Hearing Locatiom Manhattan Hearing Locations Hearing Date: 07/02/2018 0_ne Click Hearings by Telephone How To Pay ,".:/r.<.~lair1ation of Citarges New Search i I Copyright 2011 The Cityof New York Contact Us | FAQs | Privacy Statement | Terms of Use| Site Map http://a820-ecbticketfinder.nyc.gov/getViolationbylD.action 1/1 FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 SUMMONS a FOR CIVllPENALTIES ONLY Haalth SUMMONS NUMBER: 0880961979 I ENFORCEMENT AGENCY NAME: DE . OF HEALTH AND MENTAL HYGlENE DIVISION: Environmental Health BUREAU: Public Health Engineering AGENCY ADDRESSAND PHONE NUMBER: 42-09 28th Street, Phone: 347-396-6001 14th Floor, Q ueens, NY 11101 RESPONDENT: 49 BROADWAY SOLlL MANAGEMENT LLC DBA: MAILING ADDRESS: 1185 6TH Ave, F110, New York, NY 10036 ID NUMBER: 2000012465 DATE OF OCCURRENCE: 08/24/2017 TIME OF OCCURENCE: BOROUGH: Manhattan PLACE OF OCCURRENCE: 49 BROADWAY, Manhattan, NY 10006 . 1 ., . , You must respond to the Summons. Youcan appear on the hearing data and the location below or chooseanother option. Forother options on how to respond, see the back of this page. HEARING DATE: 07/02/2018 AT: 08:30 OFFICE OF ADMINISTRATIVE TRIAA.SAND HEARINGS: X Manhattan StatenIsland Bronx Queens Brooklyn 66 John Street, 10th Floor 350 St. Marks Place 3030 Third Ave 14406 94th Ave,Main Floor 9 Bond St, 7th Floor New York, NY 20038 5tatenIsland, NY 10301Bronx, NY 10455 Jamaica, NY 11435 NY 11201 Brooklyn, INSTRUCTIONSFORRESPONDING TOTHISSUMMONSAREON THEBACKOFTHISPAGE. REFERTO THESUMMONSNUMBERABOVEONALLCORRESPONDENCE. WARNING: If you do not show up for your hearing (or pay the penalty by mall If permitted) the Summonswill be decidedagainstyou and ACMliterwiftbalmnosed..Y.our-IIsensam9ulai1.basu.sp.endad-qum_oldJaadditiondha£11Y_D13ED.tatR14dRD19012RRIGILVEL]M0311..- Details of Vlolation(s) CompRanceInspectionsnatconducted, 'documentedatleastonesevery90dayswhenthetower h In use 24 RCNY 98-04[b) AH8D Mall-InPenalty: 500 Maximum Penalty: 2000 Compliance records are missing for Inspection(s) the following dates:no data A NYCChartersections1048 and 1049-a and the Rulesof the aty of NewYork authorize the NYCOffice of AdministrativeTrlals and Hearings see other side of this notice. (OATH)to hold hearings.For hearing options I, an employee of the agencynamed above, affirm under penalty of perjury that 1personally observed the commissionof the violatIon(s) charged above and/or verified their existence through a review of departmentairecords. Falsestatements made herein are punishable as a ClassA Mlsdemeanor pursuant to section 210.45 of the PenalLaw. Eduardo Castillo Salcedo / 0412 Inspector 818 Name/ID: Rank/Title: Agency Code: I acknowledge that I have received a copy of this summons and Instructions for responding and that 1am authorized to accept serviceof this Summons. Receivedby: Title: Date: III IIIIEIIPI I 0880961979 FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF 11/20/2017DOC. NO. 4 NYC Officeof Administrative Trialsand Hearings RECEIVED NYSCEF: 03/12/2018 rl i'j 1'' r r ' » Ii Office of Adntinistrative Trials and Hearings , Summonses and Notices with ECB Hearings at OATH CaseJleDetails Summons/Notice Number: 0880961979 DateIssued: 08/24/2017 Issuing Agency: DOHMH - COOLING TOWERS Respondent Name: 49 BROADWAY SOLIL MANAGEMENT Balance Due: $500.00 How To Pay Inspection Location: 49 BROADWAY NEW YORK NY 10006 Respondent Address: 1185 AVENUE OF THE AMERICAS NEW YORK NY 10036 View Imaae of Summons/Notice 1"Ir)ll'c. Dotal]s Status of Summons/Notice: NEW ISSUANCE Hearing Result: Hearing Location: Manhattan Hearing Locations ' Hearing Date: 07/02/2018 One Click Hearinas by Telephone How To Pav ;:,.Slrt1'JiBlnratll4>;it rlf e..i'fiick"h) ias I New search Copyright 2011 The Cityof New York Contact Us | FAQs Statement | Privacy | Terms of Use| Site Map 1/" http://a820-ecbticketfinder.nyc.gov/getViolationbylD.action FILED: NEW YORK COUNTY CLERK 03/12/2018 01:50 PM INDEX NO. 651160/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2018 SUMMONS a FOR CIVIL PENALTIES ONLY gs Hanith SUMMONS NUMBER: 0880961988 ENFORCEMENT AGENCY NAME: DEPT. OF HEALTH AND MENTAL HYGlENE DIVISION: Environmental Health