On June 27, 2016 a
Exhibit,Appendix
was filed
involving a dispute between
Cherry Hill Gourmet, Inc.,
and
Lundy'S Management Corp.,
for Real Property - Other (Yellowstone Injunction)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 472 RECEIVED NYSCEF: 09/06/2019
AGREEMENT
L Lundy's Maüãgement Corp. ("Lundy's") shall pay to Sheepshead
!
attorneya'
Restaurant Associates, Inc. ("Slic6pdad"), itsreasonable fees at the rate of $250.00
per hour incurred in connection. with negotiating the lease modification agreerseat language in
connection with ¶2(b)(0) only of the Confidential Settlement Outline dated November 13, 2015
(the "SeM1ement Outline"), The parties agree to negetiste in good faith. In furthermee thereof,
Lundy's shall deliver a check in the sum of $5,000.00 payable to Hagan, Coury & Associates
sinreitan÷4y with its execution hereof. Upon written and/or email notice from Lundy's
Hagan, Coury & Associates shall cease allwork in mnarlic·n with this paragraph and any
unused portion of the $5,000.00 payment shall be retumed to Lundy's. Hagan, Coury &
A±ecistes'
fees shall not exceed $5,000 without the prior written approval of Lundy's and
Lundy's shall be 6ütitled to monthly, itemized invoices from Hagan Coury & Associates.
2. Notwithstanding anything conisiñçd to the contrary herein, nothing herein
shall require either party to agree to any new substantive terms.
3. Subject to the provisions of paragraph 1 above, Sheepshead and Lundy's
acknowledge and agree that allmonetary pròvisions of the Settlement Outline, including but not
limited to the modified fair market value rent schedule (¶¶2(b), 2(c), 2(d), and the
4(c) 6),
payment of legal fees (¶7), the payment of escrow interest (¶¶8 and 9) and all non-permanent
payments in connection with vioMom or teniporary or permañ6nt certificates of occupancy
(¶¶3,4, 5,and 21), and the Base Rent as set forthin - of the draftLease
Monthly ¶3(b)(i) (xxviii)
"A,"
Modification AgreGmeñt, a copy of which is annexed hereto as Exhibit are hirding on the
parties irrespective of whether atlyother portion of the Settlement Outline or Lease Modification
Agreement is challenged or deemed invalid.
RE\87804\000n632043v2
R1A87804\000n63482971
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 472 RECEIVED NYSCEF: 09/06/2019
4, It is agreed and ·understood Landlord and Tenant that: the Non-
by (i)
Permâñeñt Payrâ©ñts set forth in the se*lament outline constitute Landlord's sole and exclusive
remedy for an illegal/non-ecñfoñning use based on a failure to obtain and/or =½in a TCO
and/or PCO for any portion of the Premlses, and/or failure to obtain and/or métain a TCO
and/or PCO for any portion of the Premises; and (ii) Landlord shall not and.hereby waives its
right to serve a predicate termination notice, to teirdñate the Lease, and/or commac sesy
pieceedings or an ejectnient action based on an illegal/non-conforming use based on a failure to
obtain and/or maintain a TCO and/or PCO for any portion of the Premises and/or failure to
obtain and/or maints a TCO and/or PCO for any portion of the Premises.
5. Faesima and/or electronic signatas shallbe deemed as originals.
Dated: June 20, 2016
SHEEPSH RESTA LUNDY'S MANAGEMENT CORP,
ASSO . 8, INC.
4 . eorge‰tdies, Presiden . By: Steve Pappas, Pr 'dent
- 2 -
RE\87804\000I\632043v2
R527804W001\63482971
Document Filed Date
September 06, 2019
Case Filing Date
June 27, 2016
Category
Real Property - Other (Yellowstone Injunction)
Status
Disposed-Court Date/Application Pending
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Preview
FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 472 RECEIVED NYSCEF: 09/06/2019 AGREEMENT L Lundy's Maüãgement Corp. ("Lundy's") shall pay to Sheepshead ! attorneya' Restaurant Associates, Inc. ("Slic6pdad"), itsreasonable fees at the rate of $250.00 per hour incurred in connection. with negotiating the lease modification agreerseat language in connection with ¶2(b)(0) only of the Confidential Settlement Outline dated November 13, 2015 (the "SeM1ement Outline"), The parties agree to negetiste in good faith. In furthermee thereof, Lundy's shall deliver a check in the sum of $5,000.00 payable to Hagan, Coury & Associates sinreitan÷4y with its execution hereof. Upon written and/or email notice from Lundy's Hagan, Coury & Associates shall cease allwork in mnarlic·n with this paragraph and any unused portion of the $5,000.00 payment shall be retumed to Lundy's. Hagan, Coury & A±ecistes' fees shall not exceed $5,000 without the prior written approval of Lundy's and Lundy's shall be 6ütitled to monthly, itemized invoices from Hagan Coury & Associates. 2. Notwithstanding anything conisiñçd to the contrary herein, nothing herein shall require either party to agree to any new substantive terms. 3. Subject to the provisions of paragraph 1 above, Sheepshead and Lundy's acknowledge and agree that allmonetary pròvisions of the Settlement Outline, including but not limited to the modified fair market value rent schedule (¶¶2(b), 2(c), 2(d), and the 4(c) 6), payment of legal fees (¶7), the payment of escrow interest (¶¶8 and 9) and all non-permanent payments in connection with vioMom or teniporary or permañ6nt certificates of occupancy (¶¶3,4, 5,and 21), and the Base Rent as set forthin - of the draftLease Monthly ¶3(b)(i) (xxviii) "A," Modification AgreGmeñt, a copy of which is annexed hereto as Exhibit are hirding on the parties irrespective of whether atlyother portion of the Settlement Outline or Lease Modification Agreement is challenged or deemed invalid. RE\87804\000n632043v2 R1A87804\000n63482971 FILED: KINGS COUNTY CLERK 09/06/2019 03:26 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 472 RECEIVED NYSCEF: 09/06/2019 4, It is agreed and ·understood Landlord and Tenant that: the Non- by (i) Permâñeñt Payrâ©ñts set forth in the se*lament outline constitute Landlord's sole and exclusive remedy for an illegal/non-ecñfoñning use based on a failure to obtain and/or =½in a TCO and/or PCO for any portion of the Premlses, and/or failure to obtain and/or métain a TCO and/or PCO for any portion of the Premises; and (ii) Landlord shall not and.hereby waives its right to serve a predicate termination notice, to teirdñate the Lease, and/or commac sesy pieceedings or an ejectnient action based on an illegal/non-conforming use based on a failure to obtain and/or maintain a TCO and/or PCO for any portion of the Premises and/or failure to obtain and/or maints a TCO and/or PCO for any portion of the Premises. 5. Faesima and/or electronic signatas shallbe deemed as originals. Dated: June 20, 2016 SHEEPSH RESTA LUNDY'S MANAGEMENT CORP, ASSO . 8, INC. 4 . eorge‰tdies, Presiden . By: Steve Pappas, Pr 'dent - 2 - RE\87804\000I\632043v2 R527804W001\63482971