Preview
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
LAW OFFTCBS
t OF
~~ HAGAN, GOU$Y & ASSOCIATES
A PARTNERSHIP INGIU~ING PROFESSIONAL CORPORATION AND PROFESSIONAL LIMITED LIABILITY COMPANY
;~ 908 FOURTH AVENUE
BROOKLYN, NEW YORK 1 1232
F
(7 18) 788-5052
SAMUEL L. HAGAN• ••' 'f
WILLIAM~COURY~• ~;r CHRISTENA WAGAIV
OF COUNSEL
JONATHAN A. FUCHS••~•.;
PAUL GOLDEN 'r
' PROFESSIONAL LIMITED LIABILITY COMPANY ~} 1p
' •PROFESSIONAL. CORPORATION December 12~ GQ10
' ••ADMITTED TO NEW YORK ANO FLORIDA BARS
~~~~SOLICITORTENGLAND 6 WALES TWENTY DAY NOTICE TO CURE DEFAULT
Via Personal Service Via Regular &
Via Regular & Certified Mail R/R/R
Certified Mail RJR/R Via Fax (71.8) 625-2060
Via Fax(718)625-2060 Via Email(pappassj ,aol.com)
Via Email(pappassina,aol.com) TO: Lundy's Management Corp.
TO: Lundy's Management Corp. c/o Steve Pappas
c/o Steve ~'appas Ground Floor
540 Atlantic Avenue,Lower Level 540 Atlantic Avenue
Brooklyn,New York 11217 Brooklyn, New York 11217
Via Personal Service Via Regular &
Via Regular & Certified Mail RIR/R
Certified 1VIai1 R/R/R Via Fax (212)551-84$4
TO: Lundy's Management Corp. Via Email(btheis(a,a•osenber~estis.com)
c% Steve Pappas TO: Rosenberg & Estis,P.C.
1901 Emrrions Avenue 733 Third Avenue
Brooklyn,New York 11235 New York, New York 10017
Attn: Brett B. Theis
Re: All buildings, zooms, and land located at 1901-1929 Emmons Avenue, and 31-52 to 31-76
Ocean Avenue, Brooklyn, New York 11235, as more fizlly described in the metes and
bounds description and survey annexed to the Net Lease dated March 9, X 994 and annexed
hereto as Exhibit A, the entire Block 8775, Lot 41, otherwise described as the "Leased
Premises"in the Net Lease dated March 9, 1994.
;.
Annexed hereto as E~clubit A is a metes and bounds description and survey, which is a copy
ofExhibit A a~ine~Zed to the Net Lease (defined below).
fi
PLEASE:;TAKE NOTICE fihat you have violated fihe terms and covenants of the Net
Lease dated March 9, 1994 ("Net Lease") between Sheepshead Restaurant Associates, Inc. as
Landlord ("Landlord") and Lundy's Management Corp. as tenant ("Tenant"), as amended and
modified (collectively, Elie "Lease"), for the premises described above in the "Re" section (the
"Leased Premises"). Pursuant to Section 19 of the Net Lease, in the event the defaults detailed
below are not curd on or before January 11, 2019, such date being~more than twenfy {20) days
xy
t 1
:~
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
ti
from your receipt~of this notice, or ifsaid default shall reasonably require longer than twenty {20}
days to cure, if Tenant shall fail to commence to cure said default on or before January 11, 2019
and continuously`prosecute the curing ofthe same to completion with due diligence, the Landlord
may exercise its ~ rightsunder the Net Lease and any modification or amendment thereto to
terminate the Lease and your tenancy and thereafter commence the necessary legal proceedings to
evict you fioin the Leased Premises for failing to cure (or failing to commence curing and timely
prosecute curing)~any or all of the defaults within the cure period.
The following are the Tenant's defaults being addressed in this Notice:
1. Tenant failed to provide certain documents and information by October 25,2d I8 in
accordance with Landlord's "Demand For Access to the Leased Premises and Certain~Documents
Pursuant to the Le` ase," dated Octobex 15, 20Z 8, which was served upon Tenant(the "Demand").
Tenant failed to provide a full list of all current subtenants in connection with the Leased Premises,
rents in connecti . n with the Leased Premises, security deposits in connection with the Leased
Premises, a list o~any judgments issued against Tenant, as well as a list of any litigations in which
Tenant is involved in, all of which are as required by section 17{a)(vii) of the lease modification
agreement to the: Net Lease dated July Z3, 2017 between Landlord and Tenant {"2017 Lease
Modification").
Accordingly, in order to remedy the above default, provide all documents and
information demanded in the Demand, which is annexed hereto as Exhibit B, on or before
January 11., 2019. If you are not in possession of any such documents or information
demanded in the Demand, provide an sworn affidavit stating so by that same date.
2. The Tenant has committed the following violations of paragraph 7{a)(i) ofthe Net
Lease, which require the Tenant to comply with all laws applicable to the Leased Premises:
a)The following violations against the Leased Premises issued by the Department of
Buildings ("DOB") must be dismissed of record by the DOB in order to comply with
paragr~.ph 7{a) of the Net Lease. A brief description for the basis of each violation
follows each violation number:
': 1) V 010317ACC107632 (DOB) -- Elevator Violation; "VIO ISSUED TO
., ELEVATOR -FAIL T4 CORRECT DEFECT S ON 2015 CAT 1
TNSP/TST." Issued on 1!3/2017.
2) V 102017E9028/613204 (DOB) — Elevator Violation, Issued on
`~ 10/20/2017.
b)The following violations against the Leased Premises issued by the Fire Department of
New York("FDNY") must be dismissed of record by the FDNY in order to comply with
paragraph 7{a} ofthe Net Lease:
i.
1) FDNY Violation # 011596131R —Issued September 24, 2018.
2)', FDNY Violation #Ol 1596132Z —Issued September 24,2018.
3)~ FDNY Violation #Ol I657107N —Issued September 28, 2018.
4)'x FDNY Violation #012080813N —Issued September 17, 2018.
2
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
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3. In violation of paragraph 8 of the Net Lease, the Tenant has failed to promptly and
at its own cost ar1'd expense make all necessary replacements, restorations, renewals, and repairs
to the Leased Premises. The Tenant has failed to make certain replacements, restorations, and
repairs to the roofofthe Main Building(as defined in Section 1(a)ofthe 2017 Lease Modification)
ofthe Leased Premises as indicated by the following:
a) Existence of Ioose tiles;
b) Existence of cracked tiles;
c) Existence of broken tiles;
d) Existence of washed-out tiles;
e) Existence of open-mortar joints;
fl Existence of deteriorated wood Hailers;
g) Existence of deteriorated roof rafters.
;~
Accordingly, in order to remedy the above default; the woof of the Main Building of the
Leased Premises needs to be immediately replaced, while addressing each o;f the above items.
Specifically, the Tenant must perform the following work:
a) Removing and replacing the terra-cotta tiled roof ofthe Main Building;
b) Repairing;the bituminous roofing system at ~l~e areas of flat roof ofthe Main Building;
c) Any other necessary repairs to completely replace the roofof the Leased Premises.
Note that'the Main Building roof replacement must be performed as follows:
c
a) That the tierra-cotta roof tiles on the Main Building must be replaced in kind to match the
historic roofing material in terms ofcolor, size, material, detail and installation method;
b) So that the replacement of the Main Building roof will protect the Main Building from
water infiltration and aid in the long term preservation ofthe Main Building.
PLEASE'TAIL NOTICE that pursuant to paragraph 19 ofthe Net Lease, you are hereby
required to cure t ie above-referenced defaults on or before January 11,2019,such date being more
than twenty (20~ days from your receipt of this notice, and that upon your failure to cure said
default wifihin tw~nty(20)days after receipt ofthis notice,or ifsaid default shall reasonably require
longer than twenty (20) days to cure, if Tenant shall fail to commence to cure said default on or
before January 11, 2019 and continuously prosecute the curing ofthe same to connpletion with due
diligence, the Landlord wi11 elect to terminate your tenancy in accordance with paragraph 19 of
the Net Lease. ,:e
The Landlord does not waive its right to hold Tenant in default for any other violation of
the Net Lease or:~any modification or amendment thereto not stated above and expressly reserves
not be
its right to all remedies it is entitled to by virtue of those documents, and this notice shall
deemed a waiver:.;or admission as to any illegal or improper use by any subtenant.
.,
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
PLEASE T~~ FUYtTHER NOTICE that you may direct any responses to this notice
to Hagan, Coury d'c Associates.
Sheepshead estaura.nt Asso ' Tnc, Hagan, Coury &Associates
(Landlor {Attorneys fox Latic~ilord)
B By:
Geo antel' s, resident ~ William J'. C ury
~„~is.
18/IOSnoticetocureG
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
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•j.
i
E~~IIBIT A
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
f ~
♦ A
1
SCHEnU~E A -
Description of Premises
ALA that cerhain plot, piece or parcel of land with the buildings end
i tr~provem~nts therEan' erected, sit sate, lying and being in tF~e borou gh ofi
k•roal;l~n, Ca~inty of rings,' Cii~y end at~te of New Yorl;, bounded end descr ibed as
~ollow5s
~•~GrNNi~lG ~f ~t~e eal^ttier formed b~ tf,~ int~rsectidn of the w~sferly side of
U cean Avenue (!~~ feet wide) and the nortt~~erly side of ~mtnans Av~n~~e (l~0 fEer
' wide);
~ ~,
R~â–º1dhlING 7H~i~CF, we5fierl~ ~~ong fh~ norhF~~rly side of ~R~cr,ons Aven~~e :~5I feet
6 3/4 inches .to ~r~~ [tirner f'armad by ti~~e in~ersecfinn of hie northe ~^~y tide of
Eo~mons Avenue and t~~e e~~tsterl~ side of East 19 Strut (60 f~e~ wide);
RUNAfTN6~ THENCE northerly along fiFr~~as~erly side of East 19 SfreeE x'17 feet
4 3/~ incr~es to the corner
f ast 19 Streel
forayed by the int~r5~ctinn of rn~ easte rly side of
and ~~,e sot~tr~erly side of Shore Par•{;way lirreg~~lar tiidth);
RUINING TH~IdCE easterly along the so~ttr~erly side nF SF~ore Par4;wc~y 13b teeti
0 ~/e incY,~s to an angle point;
RUNt~IING 7NE~CE sa~i~r~erly st~i11 along 5F~are Parltway 6, feet 7 ~!4 inches ~o.an
a ngle point an tF,e southet^iy side of SF,ore Par{;way~ and distant liS Feet 1 inch
f racr~tt~e westerly side of ocean Av~i7~te, n,easured~~t ric~hh angles thereft^orr~;
RUNNING TNENCE ~as~erly sill ~lon9 Shore Par{(way and ~~f t^iet~t angles to tree ~ ~•
westerly side oP ocean Av~nu~ ii5 feet 1 inct~~s to hhe corner formed by. the
In~er•sectinn of trre so.utF~er.l~ side of Shore parl~way ~~nd tP~e'w,.esterly side of
C~ce~n Avenue; - ,~ ~ .
~U~dNI►~C TH~NC~ so~.t~herly• alone the westerly side of ocean Aven~.« 2i5 f~e~
1/g inrr,es ~ta trre corner ftirm~d by tP~e intersection of the w~st er]y szde of
~~cean Av~n~i~ and the nartr~erly side of Emn~ans Avenue, tF~p Point afi place of
E~GXNNTNG,
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NYSCEF: 11/05/2019
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NYSCEF
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
t
i
EXHIRIT B
w
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
T.A~V OPPIOT3S
or
HAC~AN, ~o~r~ & Assaa~.TEs
LtABILI7Y coMPANY
A Pf~R7NER8HIP IIJCI.UbINO PROTEF,910NAL CORpOR/~TION ANO PROFES510MA1, LIMITED
9oe FOURTH AVENllE
BROOKLYN, NEW YOR}< I i232
l7 I Q) 788-5052
SAMUEL L, HAQAN~ ~~~
WILL.fAM J, COURY" CHRISTINA FiAGAN
OF COUNSEL
JONATHAN A, FUCi-IS•~•'
PAUL GOLbEN
'PROFEs51aNAL LI MITEo LIA9ILIYY COMPANY
" PROF~3SIONAI CORPORATION
•"ADMI7TC0 TO NEW YORK AND Fl.OR10A BARS
•~••ADMI77ED i0 NEW YORK BART
OC~OUPiT 1 J 1 G~1 S
90UCITOft, eNGl.ANb 61VALE8
DEIVIAND FOR ACCESS TD T~ L~AS~D P12E1YITS~S AND C~XtTAZI~ DOCUMENTS
PURSUANT TO TTY CEASE
Via Regular & Via Re~trlttr &
Cerfifiec~ IVIaiX 12/RIR Ccrtifiec] Mai]R/~t/R
Via Fas {718)6252060 VY~ T`~~~c(718)625-2060
'Via ~mai~ tn~nnassi a.aol.con~~ Via EinaiY (n~1pn~SS3~~ol,co~n)
TOc Lund~'s Management Corp. T0: Luudy's Management Corp,
c/o Steve Pappas c/o Steve Pappas
540 Atlantic Avenue, Ground 540 atlantic Avenue, 5th Flooi•
.door Brooklyn, New York 11217
Bt•ookiyii, New ~Yoric l I217
Vi;~ ~e~ular &
'V'i~ Re~u~l~t•& Certified Mail R/R/~2
CertEfrecl Marl R/R/R Via r'ax (212) 55~~8A84
TO: Lundy's Management Corp. Via .C+in~i~ lbtXieis a,rosenber~estis,coYn)
c/o Steve Pappas 'I'O: Rosenberg sc Estis,P.C.
19Q 1 E1ru»ons A~ve~iue 733 Third Avenue
Brooklyn, New Yorlc 11235 New Yoz•ic, Ne~v✓ Yot•Ic ~ 0017
Attn; Brett B. Theis
14e; Al( buildings, rooms, and land located at 1901-1929 E~unons Avenue, and 31-52 to
31-7b Ocean Avetlue, Brooklyn, New Yorlc 11235, as more fully described in the metes
and bounds deseriptian a.nd survey aiu~exed to the Net Lease dated Ma~.~ch 9, 1994 and
aiuiexed ~iereto as Exhibit A, tie entu•e Blocic 8775, Lot 41, otherwise described as the
"Leased Premises" in the Net Lease dated March 9, 1994.
Tlie Leased Premises ificludes (1} the "Maki I3uiIClin~," which is defined as that portion of the
Px•e~nises consisting of the two-story building, rooms, ai d Land located at 19011929 Emmons
Aveliue, Braokly~l, Ne~v Yoa~lc 11235, and all ancillary stilictures ail:ached thereto; and (2) the
"Annex," which is defined as that portion of the Premises consisting. o~ the tlu~ee-story building,
rooms, and la7~c~ located at 31-52 to 31-76 Ocean Avenue, Brooklyn, New York 11235, and ail
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019
~nciffary strtiictures utcac;hed fl~ereto.
Pi~rsu~nt to seotio2i 18 of the Net Lease dated March ~3, 199'1 ("Net Leflse") betwec~~
Rest~turaut Assoui~fes, lna, as landlord ("Landlord") snd Lundy's Mauage»>ent
Sheeps~li~act
Corp, as tenWiit ("Tenant"}, LHndlord hereby dev~ands access to enter tl~~ Above referei~.ced
' ~
Premises") for the purposes of inspecting tl~~ eanditions of the.Leased
p~•emises (".eased
time rn which
N~~emises, Accord9i~g1~, pJEflse c03~fRCt the pndePsigned immediAt~ly to determine a
Q~e Pceinise son or before October 25, 2018.
the Landlord And Its reprasc~ntati~ves ntAy inspect
17(a)(vii) of tl~e 1e~se ~i~odificafion dated Jtil~ l3, 2017
Moreover, pursua~~t to sectipn
liereUy demand s a fiili Iisl ii•a~n
between r.andlcicd and Tenant ("Let~se Modification"), T~~ndlord
ally, ~~ursuav tto Elie sa»>~
Tentuit of a!1 curc~nt subtenants, rents, acid seeui~ity deposits, Addition
us welt as a list
section, I,tutdlord hereby dein~u~ds ~ list o!'a~~y jtidgnlecits issued ag~itist Tenant,
'T'enant is involved iii.Aceordin~ty, please provide a ~t
st~ffieic~t
oi' any litigations' iiiwhich
pfion on or
response to t~hjs deinaztd to accordance with t~ Secttoii 17(a)(vil) of the ~,easa Modi~ic
before OctoUef~ 25, 2018.
Dated. Oet~ber'1S,201 t3
Sheot~shead estaurn~it Assoeiate~, Tnc, T-rragat~, Coury & Ass~ciatea
(~,andlord ,~ ~-=~~~ (Attorneys for dlo~~d)
.,
"_
By; .(t--~
Genrge . ~u~toll ~ s, AresS
Preview
FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 LAW OFFTCBS t OF ~~ HAGAN, GOU$Y & ASSOCIATES A PARTNERSHIP INGIU~ING PROFESSIONAL CORPORATION AND PROFESSIONAL LIMITED LIABILITY COMPANY ;~ 908 FOURTH AVENUE BROOKLYN, NEW YORK 1 1232 F (7 18) 788-5052 SAMUEL L. HAGAN• ••' 'f WILLIAM~COURY~• ~;r CHRISTENA WAGAIV OF COUNSEL JONATHAN A. FUCHS••~•.; PAUL GOLDEN 'r ' PROFESSIONAL LIMITED LIABILITY COMPANY ~} 1p ' •PROFESSIONAL. CORPORATION December 12~ GQ10 ' ••ADMITTED TO NEW YORK ANO FLORIDA BARS ~~~~SOLICITORTENGLAND 6 WALES TWENTY DAY NOTICE TO CURE DEFAULT Via Personal Service Via Regular & Via Regular & Certified Mail R/R/R Certified Mail RJR/R Via Fax (71.8) 625-2060 Via Fax(718)625-2060 Via Email(pappassj ,aol.com) Via Email(pappassina,aol.com) TO: Lundy's Management Corp. TO: Lundy's Management Corp. c/o Steve Pappas c/o Steve ~'appas Ground Floor 540 Atlantic Avenue,Lower Level 540 Atlantic Avenue Brooklyn,New York 11217 Brooklyn, New York 11217 Via Personal Service Via Regular & Via Regular & Certified Mail RIR/R Certified 1VIai1 R/R/R Via Fax (212)551-84$4 TO: Lundy's Management Corp. Via Email(btheis(a,a•osenber~estis.com) c% Steve Pappas TO: Rosenberg & Estis,P.C. 1901 Emrrions Avenue 733 Third Avenue Brooklyn,New York 11235 New York, New York 10017 Attn: Brett B. Theis Re: All buildings, zooms, and land located at 1901-1929 Emmons Avenue, and 31-52 to 31-76 Ocean Avenue, Brooklyn, New York 11235, as more fizlly described in the metes and bounds description and survey annexed to the Net Lease dated March 9, X 994 and annexed hereto as Exhibit A, the entire Block 8775, Lot 41, otherwise described as the "Leased Premises"in the Net Lease dated March 9, 1994. ;. Annexed hereto as E~clubit A is a metes and bounds description and survey, which is a copy ofExhibit A a~ine~Zed to the Net Lease (defined below). fi PLEASE:;TAKE NOTICE fihat you have violated fihe terms and covenants of the Net Lease dated March 9, 1994 ("Net Lease") between Sheepshead Restaurant Associates, Inc. as Landlord ("Landlord") and Lundy's Management Corp. as tenant ("Tenant"), as amended and modified (collectively, Elie "Lease"), for the premises described above in the "Re" section (the "Leased Premises"). Pursuant to Section 19 of the Net Lease, in the event the defaults detailed below are not curd on or before January 11, 2019, such date being~more than twenfy {20) days xy t 1 :~ FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 ti from your receipt~of this notice, or ifsaid default shall reasonably require longer than twenty {20} days to cure, if Tenant shall fail to commence to cure said default on or before January 11, 2019 and continuously`prosecute the curing ofthe same to completion with due diligence, the Landlord may exercise its ~ rightsunder the Net Lease and any modification or amendment thereto to terminate the Lease and your tenancy and thereafter commence the necessary legal proceedings to evict you fioin the Leased Premises for failing to cure (or failing to commence curing and timely prosecute curing)~any or all of the defaults within the cure period. The following are the Tenant's defaults being addressed in this Notice: 1. Tenant failed to provide certain documents and information by October 25,2d I8 in accordance with Landlord's "Demand For Access to the Leased Premises and Certain~Documents Pursuant to the Le` ase," dated Octobex 15, 20Z 8, which was served upon Tenant(the "Demand"). Tenant failed to provide a full list of all current subtenants in connection with the Leased Premises, rents in connecti . n with the Leased Premises, security deposits in connection with the Leased Premises, a list o~any judgments issued against Tenant, as well as a list of any litigations in which Tenant is involved in, all of which are as required by section 17{a)(vii) of the lease modification agreement to the: Net Lease dated July Z3, 2017 between Landlord and Tenant {"2017 Lease Modification"). Accordingly, in order to remedy the above default, provide all documents and information demanded in the Demand, which is annexed hereto as Exhibit B, on or before January 11., 2019. If you are not in possession of any such documents or information demanded in the Demand, provide an sworn affidavit stating so by that same date. 2. The Tenant has committed the following violations of paragraph 7{a)(i) ofthe Net Lease, which require the Tenant to comply with all laws applicable to the Leased Premises: a)The following violations against the Leased Premises issued by the Department of Buildings ("DOB") must be dismissed of record by the DOB in order to comply with paragr~.ph 7{a) of the Net Lease. A brief description for the basis of each violation follows each violation number: ': 1) V 010317ACC107632 (DOB) -- Elevator Violation; "VIO ISSUED TO ., ELEVATOR -FAIL T4 CORRECT DEFECT S ON 2015 CAT 1 TNSP/TST." Issued on 1!3/2017. 2) V 102017E9028/613204 (DOB) — Elevator Violation, Issued on `~ 10/20/2017. b)The following violations against the Leased Premises issued by the Fire Department of New York("FDNY") must be dismissed of record by the FDNY in order to comply with paragraph 7{a} ofthe Net Lease: i. 1) FDNY Violation # 011596131R —Issued September 24, 2018. 2)', FDNY Violation #Ol 1596132Z —Issued September 24,2018. 3)~ FDNY Violation #Ol I657107N —Issued September 28, 2018. 4)'x FDNY Violation #012080813N —Issued September 17, 2018. 2 FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 ;.. 3. In violation of paragraph 8 of the Net Lease, the Tenant has failed to promptly and at its own cost ar1'd expense make all necessary replacements, restorations, renewals, and repairs to the Leased Premises. The Tenant has failed to make certain replacements, restorations, and repairs to the roofofthe Main Building(as defined in Section 1(a)ofthe 2017 Lease Modification) ofthe Leased Premises as indicated by the following: a) Existence of Ioose tiles; b) Existence of cracked tiles; c) Existence of broken tiles; d) Existence of washed-out tiles; e) Existence of open-mortar joints; fl Existence of deteriorated wood Hailers; g) Existence of deteriorated roof rafters. ;~ Accordingly, in order to remedy the above default; the woof of the Main Building of the Leased Premises needs to be immediately replaced, while addressing each o;f the above items. Specifically, the Tenant must perform the following work: a) Removing and replacing the terra-cotta tiled roof ofthe Main Building; b) Repairing;the bituminous roofing system at ~l~e areas of flat roof ofthe Main Building; c) Any other necessary repairs to completely replace the roofof the Leased Premises. Note that'the Main Building roof replacement must be performed as follows: c a) That the tierra-cotta roof tiles on the Main Building must be replaced in kind to match the historic roofing material in terms ofcolor, size, material, detail and installation method; b) So that the replacement of the Main Building roof will protect the Main Building from water infiltration and aid in the long term preservation ofthe Main Building. PLEASE'TAIL NOTICE that pursuant to paragraph 19 ofthe Net Lease, you are hereby required to cure t ie above-referenced defaults on or before January 11,2019,such date being more than twenty (20~ days from your receipt of this notice, and that upon your failure to cure said default wifihin tw~nty(20)days after receipt ofthis notice,or ifsaid default shall reasonably require longer than twenty (20) days to cure, if Tenant shall fail to commence to cure said default on or before January 11, 2019 and continuously prosecute the curing ofthe same to connpletion with due diligence, the Landlord wi11 elect to terminate your tenancy in accordance with paragraph 19 of the Net Lease. ,:e The Landlord does not waive its right to hold Tenant in default for any other violation of the Net Lease or:~any modification or amendment thereto not stated above and expressly reserves not be its right to all remedies it is entitled to by virtue of those documents, and this notice shall deemed a waiver:.;or admission as to any illegal or improper use by any subtenant. ., FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 PLEASE T~~ FUYtTHER NOTICE that you may direct any responses to this notice to Hagan, Coury d'c Associates. Sheepshead estaura.nt Asso ' Tnc, Hagan, Coury &Associates (Landlor {Attorneys fox Latic~ilord) B By: Geo antel' s, resident ~ William J'. C ury ~„~is. 18/IOSnoticetocureG FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 .. •j. i E~~IIBIT A FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 f ~ ♦ A 1 SCHEnU~E A - Description of Premises ALA that cerhain plot, piece or parcel of land with the buildings end i tr~provem~nts therEan' erected, sit sate, lying and being in tF~e borou gh ofi k•roal;l~n, Ca~inty of rings,' Cii~y end at~te of New Yorl;, bounded end descr ibed as ~ollow5s ~•~GrNNi~lG ~f ~t~e eal^ttier formed b~ tf,~ int~rsectidn of the w~sferly side of U cean Avenue (!~~ feet wide) and the nortt~~erly side of ~mtnans Av~n~~e (l~0 fEer ' wide); ~ ~, R~►1dhlING 7H~i~CF, we5fierl~ ~~ong fh~ norhF~~rly side of ~R~cr,ons Aven~~e :~5I feet 6 3/4 inches .to ~r~~ [tirner f'armad by ti~~e in~ersecfinn of hie northe ~^~y tide of Eo~mons Avenue and t~~e e~~tsterl~ side of East 19 Strut (60 f~e~ wide); RUNAfTN6~ THENCE northerly along fiFr~~as~erly side of East 19 SfreeE x'17 feet 4 3/~ incr~es to the corner f ast 19 Streel forayed by the int~r5~ctinn of rn~ easte rly side of and ~~,e sot~tr~erly side of Shore Par•{;way lirreg~~lar tiidth); RUINING TH~IdCE easterly along the so~ttr~erly side nF SF~ore Par4;wc~y 13b teeti 0 ~/e incY,~s to an angle point; RUNt~IING 7NE~CE sa~i~r~erly st~i11 along 5F~are Parltway 6, feet 7 ~!4 inches ~o.an a ngle point an tF,e southet^iy side of SF,ore Par{;way~ and distant liS Feet 1 inch f racr~tt~e westerly side of ocean Av~i7~te, n,easured~~t ric~hh angles thereft^orr~; RUNNING TNENCE ~as~erly sill ~lon9 Shore Par{(way and ~~f t^iet~t angles to tree ~ ~• westerly side oP ocean Av~nu~ ii5 feet 1 inct~~s to hhe corner formed by. the In~er•sectinn of trre so.utF~er.l~ side of Shore parl~way ~~nd tP~e'w,.esterly side of C~ce~n Avenue; - ,~ ~ . ~U~dNI►~C TH~NC~ so~.t~herly• alone the westerly side of ocean Aven~.« 2i5 f~e~ 1/g inrr,es ~ta trre corner ftirm~d by tP~e intersection of the w~st er]y szde of ~~cean Av~n~i~ and the nartr~erly side of Emn~ans Avenue, tF~p Point afi place of E~GXNNTNG, 510844/2016 NYSCEF: 11/05/2019 fd NO. oar-c.v.t-+~c r~r INDEX J j t r RECEIVED \ i~~~ n' 3 ~`J - ~ ~- ~ : - - _ ;~' o ~- =! • ~ J _ - ~ . - - PM _\~ ~a~ - 02:56 . .I - - - _ ~ ~ ~ 11/05/2019 .~ ~ - ~ ~rvc~o ~ ~~ ~ ~ ~ Y `8 ~.~-~ .n.C/r b .%~ n~ - • CLERK t ~(LLL J"~ V - ~-ro,~)- ~s-rvcco ~ ~~ ~ } ~, ' ✓~ ~ ~ _ •7~ce~Trc vita.vT COUNTY .arm rrJ ~~Y Q _ u 502 ~ - gD ~ ,v-'1.~.~J KINGS NO. ice..— ~ . ?T .~ .Ss'✓Cc.O i c ~ w~a `' r /~7'YO.c' DOC. fL ~ ~. L'ouK. c~.r {J'✓tc-sx~tJ ~p FILED: t ! - - 1- c-..~. ,cvty .. ~ --- NYSCEF FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 t i EXHIRIT B w FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 T.A~V OPPIOT3S or HAC~AN, ~o~r~ & Assaa~.TEs LtABILI7Y coMPANY A Pf~R7NER8HIP IIJCI.UbINO PROTEF,910NAL CORpOR/~TION ANO PROFES510MA1, LIMITED 9oe FOURTH AVENllE BROOKLYN, NEW YOR}< I i232 l7 I Q) 788-5052 SAMUEL L, HAQAN~ ~~~ WILL.fAM J, COURY" CHRISTINA FiAGAN OF COUNSEL JONATHAN A, FUCi-IS•~•' PAUL GOLbEN 'PROFEs51aNAL LI MITEo LIA9ILIYY COMPANY " PROF~3SIONAI CORPORATION •"ADMI7TC0 TO NEW YORK AND Fl.OR10A BARS •~••ADMI77ED i0 NEW YORK BART OC~OUPiT 1 J 1 G~1 S 90UCITOft, eNGl.ANb 61VALE8 DEIVIAND FOR ACCESS TD T~ L~AS~D P12E1YITS~S AND C~XtTAZI~ DOCUMENTS PURSUANT TO TTY CEASE Via Regular & Via Re~trlttr & Cerfifiec~ IVIaiX 12/RIR Ccrtifiec] Mai]R/~t/R Via Fas {718)6252060 VY~ T`~~~c(718)625-2060 'Via ~mai~ tn~nnassi a.aol.con~~ Via EinaiY (n~1pn~SS3~~ol,co~n) TOc Lund~'s Management Corp. T0: Luudy's Management Corp, c/o Steve Pappas c/o Steve Pappas 540 Atlantic Avenue, Ground 540 atlantic Avenue, 5th Flooi• .door Brooklyn, New York 11217 Bt•ookiyii, New ~Yoric l I217 Vi;~ ~e~ular & 'V'i~ Re~u~l~t•& Certified Mail R/R/~2 CertEfrecl Marl R/R/R Via r'ax (212) 55~~8A84 TO: Lundy's Management Corp. Via .C+in~i~ lbtXieis a,rosenber~estis,coYn) c/o Steve Pappas 'I'O: Rosenberg sc Estis,P.C. 19Q 1 E1ru»ons A~ve~iue 733 Third Avenue Brooklyn, New Yorlc 11235 New Yoz•ic, Ne~v✓ Yot•Ic ~ 0017 Attn; Brett B. Theis 14e; Al( buildings, rooms, and land located at 1901-1929 E~unons Avenue, and 31-52 to 31-7b Ocean Avetlue, Brooklyn, New Yorlc 11235, as more fully described in the metes and bounds deseriptian a.nd survey aiu~exed to the Net Lease dated Ma~.~ch 9, 1994 and aiuiexed ~iereto as Exhibit A, tie entu•e Blocic 8775, Lot 41, otherwise described as the "Leased Premises" in the Net Lease dated March 9, 1994. Tlie Leased Premises ificludes (1} the "Maki I3uiIClin~," which is defined as that portion of the Px•e~nises consisting of the two-story building, rooms, ai d Land located at 19011929 Emmons Aveliue, Braokly~l, Ne~v Yoa~lc 11235, and all ancillary stilictures ail:ached thereto; and (2) the "Annex," which is defined as that portion of the Premises consisting. o~ the tlu~ee-story building, rooms, and la7~c~ located at 31-52 to 31-76 Ocean Avenue, Brooklyn, New York 11235, and ail FILED: KINGS COUNTY CLERK 11/05/2019 02:56 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 502 RECEIVED NYSCEF: 11/05/2019 ~nciffary strtiictures utcac;hed fl~ereto. Pi~rsu~nt to seotio2i 18 of the Net Lease dated March ~3, 199'1 ("Net Leflse") betwec~~ Rest~turaut Assoui~fes, lna, as landlord ("Landlord") snd Lundy's Mauage»>ent Sheeps~li~act Corp, as tenWiit ("Tenant"}, LHndlord hereby dev~ands access to enter tl~~ Above referei~.ced ' ~ Premises") for the purposes of inspecting tl~~ eanditions of the.Leased p~•emises (".eased time rn which N~~emises, Accord9i~g1~, pJEflse c03~fRCt the pndePsigned immediAt~ly to determine a Q~e Pceinise son or before October 25, 2018. the Landlord And Its reprasc~ntati~ves ntAy inspect 17(a)(vii) of tl~e 1e~se ~i~odificafion dated Jtil~ l3, 2017 Moreover, pursua~~t to sectipn liereUy demand s a fiili Iisl ii•a~n between r.andlcicd and Tenant ("Let~se Modification"), T~~ndlord ally, ~~ursuav tto Elie sa»>~ Tentuit of a!1 curc~nt subtenants, rents, acid seeui~ity deposits, Addition us welt as a list section, I,tutdlord hereby dein~u~ds ~ list o!'a~~y jtidgnlecits issued ag~itist Tenant, 'T'enant is involved iii.Aceordin~ty, please provide a ~t st~ffieic~t oi' any litigations' iiiwhich pfion on or response to t~hjs deinaztd to accordance with t~ Secttoii 17(a)(vil) of the ~,easa Modi~ic before OctoUef~ 25, 2018. Dated. Oet~ber'1S,201 t3 Sheot~shead estaurn~it Assoeiate~, Tnc, T-rragat~, Coury & Ass~ciatea (~,andlord ,~ ~-=~~~ (Attorneys for dlo~~d) ., "_ By; .(t--~ Genrge . ~u~toll ~ s, AresS