Preview
FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
EXHIBIT I
FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 LAW OFFI CES
RECEIVED NYSCEF: 06/01/2021
OF
HAGAN, COURY & ASSOCIATES
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATION AND PROFESSIONAL LIMITED LIABILITY COMPANY
908 FOURTH AVENUE
BROOKLYN, NEW YORK 11232
(7 1 8) 788-505 2
SAMUEL L. HAGA N* ***
WILLIAM J. COURY** CHRISTINA HAGAN
OF COUNSEL
JONATHAN A. FUCHS****
PAUL GOLDEN
*PROFESSIONAL LIMITED LIABILITY COMPANY
**PROFESSIONAL CORPORATION
***ADMITTED TO NEW YORK AND FLORIDA BARS
****ADMITTED TO NEW YORK BAR,
SOLICITOR, ENGLAND & WALES
August 10, 2020
FIVE DAY NOTICE TO TERMINATE OCCUPANCY AND LEASE
(Based on Notice to Cure dated December 12, 2018)
Via Personal Service Via Regular &
Via Regular & Certified Mail R/R/R
Certified Mail R/R/R Via Fax (718) 625-2060
Via Fax (718) 625-2060 Via Email (pappassj@aol.com)
Via Email (pappassj@aol.com) TO: Lundy s Management Corp.
TO: Lundy s Management Corp. c/o Steve Pappas
c/o Steve Pappas 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 R/R/R
Certified Mail R/R/R Via Fax (212) 551-8484
TO: Lundy s Management Corp. Via Email (btheis@rosenbergestis.com)
c/o Steve Pappas TO: Rosenberg & Estis,P.C.
1901 Emmons Avenue 733 Third Avenue
Brooklyn, New York 11235 New York, New York 10017
Attn: Brett B. Theis
Re: All buildings, rooms, and land located at 1901-1929 Emmons Avenue, and 3152 to 3176 Ocean
Avenue, Brooklyn, New York 11235, as more fully described in the metes and bounds description
and survey annexed to the Net Lease dated March 9, 1994 and annexed hereto as Exhibit A, the
March 9, 1994.
Annexed hereto as Exhibit A is a metes and bounds description and survey, which is a copy of
Exhibit A annexed to the Net Lease (defined below).
1
FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
PLEASE TAKE NOTICE, you are hereby notified that pursuant to paragraph 19 of your Net Lease
, the landlord and owner Sheepshead Restaurant Associates, Inc.
("Landlord") elects to terminate your tenancy and lease and occupancy of the Premises now held by you
First ,
the Amendment to Lease Modification Agreement dated November 2011 Second Modification , Lease
Modification Agreement dated July 13, 2017 and Lease Modification Agreement
dated January 30, 2018 (hereinafter
collectively referred to ), between Sheepshead Restaurant Associates, Inc. as landlord and
Premises, and that unless you remove, vacate, and
leave the Premises on or before August 27, 2020, such date being more than five (5) days from your receipt
of this notice, the day on which your term expires, the Landlord will commence summary proceedings to
remove you from the Premises for holding over after the expiration of your term.
Prior notice of your violations of the Lease dated December 12, 2018
was served on you advising you of, inter alia, the following defaults:
1. In violation of paragraph 7 of the Net Lease and/or paragraph 3(a) of the First Modification,
Tenant has failed to comply with applicable law by failing to cure and/or remove of record
violations issued to the Premises by the Department of Buildings, Environmental Control
Board and/or Fire Department of New York, including but not limited to the following:
a. The following violations against the Leased Premises issued by the Fire Department
with paragraph 7(a) of the Net Lease:
i. FDNY Violation # 011596131R Issued September 24, 2018.
ii. FDNY Violation #011596132Z Issued September 24, 2018.
iii. FDNY Violation #011657107N Issued September 28, 2018.
iv. FDNY Violation #012080813N Issued September 17, 2018.
2. In violation of paragraph 8 of the Net Lease, the Tenant has failed to promptly and at its own
cost and 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 roof of the Main Building (as defined in Section 1(a) of the Third Modification)
of the Leased Premises as indicated by the following:
a. Existence of loose tiles;
b. Existence of cracked tiles;
c. Existence of broken tiles;
d. Existence of washed-out tiles;
e. Existence of open-mortar joints;
f. Existence of deteriorated wood nailers;
g. Existence of deteriorated roof rafters.
2
FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
The foregoing are your outstanding defaults, which are the basis for this Five Day Notice to
Terminate Occupancy and Lease1:
A copy of the Notice to Cure Default dated December 12, 2018 together with proof of service is
annexed hereto as Exhibit B.
PLEASE TAKE FURTHER NOTICE that due to your failure to cure the above-referenced
defaults on or before the respective cure deadline, your tenancy will terminate on August 27, 2020, such
date being at least five (5) days from your receipt of this notice, and without any further notice in accordance
with paragraph 19 of the Net Lease,
Any service of this notice in addition to the service on the Tenant required by paragraph 32 of the
Net Lease as modified by paragraph 7 of the First Modification is intended as a courtesy only and shall not
serve to alter or extend any deadline set forth herein.
The Landlord does not waive its right to hold Tenant in default for any other violation of the Lease
(as defined herein) not stated above and expressly reserves its right to all remedies it is entitled to by virtue
of those documents.
PLEASE TAKE FURTHER NOTICE that you may direct any responses to this notice to the above
referenced attorneys.
Dated: August 10,2020
Sheepshead Restaurant Associates, Inc. (Landlord)
'7
By: _
kS
//__
deorge Pantelldrs.Tresident
Sheepshead Restaurant Associates, Inc.X
Hagan, Coury & Associates (Attorneys for Landlord)
By:
William J. Coury
18-108 Notice to Terminated
1 All other breaches set forth in the Notice to Cure Default dated December 12, 2018 have been cured and/or are not the
basis for this Notice to Terminate Occupancy and Lease. The Landlord reserves its rights as to other defaults.
3
FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 n RECEIVED NYSCEF: 06/01/2021
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FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
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NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
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SCHEDULE A
Description of Preitiises
ALL that certain plot, piece or parcel of land with the buildings
improvements and
thereon erected, situate, lying and being in the Borough of
Brooklyn, County of Kings, City and State of New York, bounded and
follows! described as
BEGINNING at the corner farmed by the intersection of the westerly side of
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Ocean Avenue (100 feet wide) and the northerly side of Emmons Avenue
wide);
(120 feet
. --- ■
RUNNING THENCE westerly along the northerly side of Emmons Avenue
A 3//, 251 feet
inches to the corner farmed by the intersection of the northerly side of
Emmons Avenue and the easterly side of East 19 Street (60 feet wide);
RUNNING THENCE northerly along the easterly side of East 19 Street
A 217 feet
3/4 inches to the corner formed by the intersection of the easterly
East side of
19 Street and the southerly side of Shore Parkway (irregular width),
RUNNING THENCE easterly along the southerly side of Shore Parkway 136 feet
0 5/8 inches to an angle point;
RUNNING THENCE southerly still along Shore Parkway 6 feet 7 3/A inches to,an
angle point on the southerly side of Shore Parkway and distant 115
from feet 1 inch
the westerly side of Ocean Avehue, measured at right angles therefrom;
RUNNING THENCE easterly still along Shore Parkway and at right angles to the
westerly side of Ocean Avenue 115 feet 1 inches to the corner formed
intersection by. the
of the southerly s-ide of Shore Parkway and the wester ly side of
Ocean Avenue; ’ ‘ \ ~ "
RUNNING THENCE southerly along the westerly side of Ocean Avenue 215 feet
2 1/8 inches to the corner formed by the intersection of the westerly
Ocean side of '
Avenue and-the northerly side of Emmons Avenue 1
BEGINNING, ' . . the point of place of
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FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
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Via Fax (718) 625-2060 Via Email (pappassi@aol.com)
Via Email (papnassi@aol.com) TO: Lundy’s Management Corp.
TO: Lundy’s Management Corp. c/o Steve Pappas
c/o Steve Pappas Ground Floor
540 Atlantic Avenue, Lower Level 540 Atlantic Avenue
Brooklyn„1Srew York 11217 Brooklyn, New York 11217
■:
Via Personal Service Via Regular &
Via Regular & Certified Mail R/R/R
Certified MailR/R/R Via Fax (212) 551-8484
TO: Lundy’s Management Corp. Via Email (btheis@rosenbergestis.com)
c/o Steve Pappas TO: Rosenberg & Estis,P.C.
1901 Emmons Avenue 733 Third Avenue
Brooklyn,New York 11235 New York, New York 10017
i: Attn: Brett B. Theis
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Re: All buildings, rooms, and land located at 1901-1929 Emmons Avenue, and 31-52 to 31-76
Ocean Avenue, Brooklyn, New York 11235, as more fully described in the metes and
bounds description and survey annexed to the Net Lease dated March 9,1994 and annexed
hereto as Exhibit A, the entire Block 8775, Lot 41, otherwise described as the “Leased
Premises’Mn the Net Lease dated March 9, 1994.
;•
Annexed Hereto as Exhibit A is a metes and bounds description and survey, which is a copy
of Exhibit A annexed to the Net Lease (defined below).
S
PLEASE ^TAKE NOTICE that you have violated the 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 Coip. as tenant (“Tenant”), as amended and
modified (collectively, the “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 cured on or before January 11, 2019, such date being more than twenty (20) days
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FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 t RECEIVED NYSCEF: 06/01/2021
V
from your receiptof this notice, or if said 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 of the same to completion with due diligence, the Landlord
may exercise its-rights under 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 from 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 25,2018 in
accordance with Landlord’s “Demand For Access to the Leased Premises and Certain Documents
Pursuant to the Lease,” dated October 15, 2018, 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 connection with the Leased Premises, security deposits in connection with the Leased
Premises, a list of 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 13, 2017 between Landlord and Tenant (“2017 Lease
Modification”). •i
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Accordingly, in order to remedy the above default, provide all documents and
information detfranded in the Demand, which is annexed hereto as Exhibit B, on or before
January 11, 20i9. 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) of the 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
paragraph 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 TO CORRECT DEFECTS ON 2015 CAT 1
INSP/TST.” Issued on 1/3/2017.
? 2) V 102017E9028/613204 (DOB) - Elevator Violation. Issued on
f-
10/20/2017.
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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) of the Net Lease:
/.
1>: FDNY Violation# 011596131R-Issued September 24, 2018.
2t FDNY Violation #011596132Z-Issued September 24,2018.
3); FDNY Violation #011657107N - Issued September 28, 2018.
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4)- FDNY Violation #012080813N-Issued September 17, 2018.
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FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
3. In 'violation of paragraph 8 of the Net Lease, the Tenant has failed to promptly and
at its own cost arid 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 roofof the Main Building (as defined in Section 1(a) of the 2017 Lease Modification)
of the Leased Preinises as indicated by the following:
L
a) Existence of loose tiles;
b) Existence of cracked tiles;
c) Existence of broken tiles;
d) Existence of washed-out tiles;
e) Existence of open-mortar joints;
f) Existence of deteriorated wood nailers;
g) Existence of deteriorated roof rafters.
Accordingly, in order to remedy the above default, the roof of the Main Building of the
Leased Premises needs to be immediately replaced, while addressing each of the above items.
Specifically, the Tenant must perform the following work:
a) Removing and replacing the terra-cotta tiled roof of the Main Building;
b) Repairing.'the bituminous roofing system at the areas of flat roof of the Main Building;
c) Any other necessary repairs to completely replace the roof of the Leased Premises.
Note thafthe Main Building roof replacement must be performed as follows:
c
a) That the ferra-cotta roof tiles on the Main Building must be replaced in kind to match the
historic roofing material in terms of color, 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 of the Main Building.
PLEASETAKE NOTICE that pursuant to paragraph 19 of the Net Lease, you are hereby
required to cure tljie 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 within twenty (20) days after receipt of this notice, or if said 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 of the same to completion with due
diligence, the Landlord will elect to terminate your tenancy in accordance with paragraph 19 of
the Net Lease, i
The Landlord does not waive its right to hold Tenant in default for any other violation of
the Net Lease of any modification or amendment thereto not stated above and expressly reserves
its right to all remedies it is entitled to by virtue of those documents, and this notice shall not be
deemed a waiver'or admission as to any illegal or improper use by any subtenant.
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FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
PLEASE TAKE FURTHER NOTICE that you may direct any responses to this notice
to Hagan, Coury & Associates.
!
Sheepshead/^estaurant Assopi Inc. Hagan, Coury & Associates
(Landlord^ / (Attorneys for LapjUord)
By: f
^3 William J. Cmiryp
Geo 'antdjjfHs, President
Ends.
) 8/108noticetocure6
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FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
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FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
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SCHEDULE A
Description of Premises
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon'erected, situate, lying and being in the
Brooklyn, Boroug h of
County of Kings,' City and State of New York
follows* bounde d and descri bed as
BEGINNING at the corner formed by the intersection of the westerly side of
Ocean Avenue (100 feet wide) and the northerly side of Emmons
wide); Avenue (120 feet
. • ---
RUNNING THENCE westerly along the northerly side of Emmons Avenue 251 feet
63/4 inches to the corner formed by the intersection of the northerly
Emmons side of
Avenue and the easterly side of East 19 Street (60 feet wide)(
RUNNING'THENCE northerly along the easterly side of East 19 Street 217 feet
,4 3/4 inches to the corner formed by the intersection of the easterly
East side of
1? Street and the southerly side of Shore Parkway (irregular width),
RUNNING THENCE easterly along the southerly side of Shore Parkway 136 feet
0 5/8 inches to an angle point?
RUNNING THENCE southerly still along Shore Parkway 6 feet 7 3/4 inches
angle to,an
point on the southerly side of Shore Parkway and distant 115 feet
from the i inch
westerly side of Ocean Avehue, measured at right angles therefrom?
RUNNING THENCE easterly still along Shore Parkway and at right angles to the
westerly side of Ocean Avenue 115 feet 1 inches to the corner formed
intersection by. the
of the southerly s-ide of Shore Parkway and the’w. esterl y side
Ocean Avenue? ' • ' ' . ' of
RUNNING THENCE southerly along the westerly side of Ocean Avenue 215 feet
2 1/8 inches to the corner formed by the intersection of the westerly side of '
Ocean Avenue and-the northerly side of Emmons Avenue
BEGINNING, ' . . the point of place of
FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021
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FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 EXHIBIT I FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 LAW OFFI CES RECEIVED NYSCEF: 06/01/2021 OF HAGAN, COURY & ASSOCIATES A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATION AND PROFESSIONAL LIMITED LIABILITY COMPANY 908 FOURTH AVENUE BROOKLYN, NEW YORK 11232 (7 1 8) 788-505 2 SAMUEL L. HAGA N* *** WILLIAM J. COURY** CHRISTINA HAGAN OF COUNSEL JONATHAN A. FUCHS**** PAUL GOLDEN *PROFESSIONAL LIMITED LIABILITY COMPANY **PROFESSIONAL CORPORATION ***ADMITTED TO NEW YORK AND FLORIDA BARS ****ADMITTED TO NEW YORK BAR, SOLICITOR, ENGLAND & WALES August 10, 2020 FIVE DAY NOTICE TO TERMINATE OCCUPANCY AND LEASE (Based on Notice to Cure dated December 12, 2018) Via Personal Service Via Regular & Via Regular & Certified Mail R/R/R Certified Mail R/R/R Via Fax (718) 625-2060 Via Fax (718) 625-2060 Via Email (pappassj@aol.com) Via Email (pappassj@aol.com) TO: Lundy s Management Corp. TO: Lundy s Management Corp. c/o Steve Pappas c/o Steve Pappas 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 R/R/R Certified Mail R/R/R Via Fax (212) 551-8484 TO: Lundy s Management Corp. Via Email (btheis@rosenbergestis.com) c/o Steve Pappas TO: Rosenberg & Estis,P.C. 1901 Emmons Avenue 733 Third Avenue Brooklyn, New York 11235 New York, New York 10017 Attn: Brett B. Theis Re: All buildings, rooms, and land located at 1901-1929 Emmons Avenue, and 3152 to 3176 Ocean Avenue, Brooklyn, New York 11235, as more fully described in the metes and bounds description and survey annexed to the Net Lease dated March 9, 1994 and annexed hereto as Exhibit A, the March 9, 1994. Annexed hereto as Exhibit A is a metes and bounds description and survey, which is a copy of Exhibit A annexed to the Net Lease (defined below). 1 FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 PLEASE TAKE NOTICE, you are hereby notified that pursuant to paragraph 19 of your Net Lease , the landlord and owner Sheepshead Restaurant Associates, Inc. ("Landlord") elects to terminate your tenancy and lease and occupancy of the Premises now held by you First , the Amendment to Lease Modification Agreement dated November 2011 Second Modification , Lease Modification Agreement dated July 13, 2017 and Lease Modification Agreement dated January 30, 2018 (hereinafter collectively referred to ), between Sheepshead Restaurant Associates, Inc. as landlord and Premises, and that unless you remove, vacate, and leave the Premises on or before August 27, 2020, such date being more than five (5) days from your receipt of this notice, the day on which your term expires, the Landlord will commence summary proceedings to remove you from the Premises for holding over after the expiration of your term. Prior notice of your violations of the Lease dated December 12, 2018 was served on you advising you of, inter alia, the following defaults: 1. In violation of paragraph 7 of the Net Lease and/or paragraph 3(a) of the First Modification, Tenant has failed to comply with applicable law by failing to cure and/or remove of record violations issued to the Premises by the Department of Buildings, Environmental Control Board and/or Fire Department of New York, including but not limited to the following: a. The following violations against the Leased Premises issued by the Fire Department with paragraph 7(a) of the Net Lease: i. FDNY Violation # 011596131R Issued September 24, 2018. ii. FDNY Violation #011596132Z Issued September 24, 2018. iii. FDNY Violation #011657107N Issued September 28, 2018. iv. FDNY Violation #012080813N Issued September 17, 2018. 2. In violation of paragraph 8 of the Net Lease, the Tenant has failed to promptly and at its own cost and 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 roof of the Main Building (as defined in Section 1(a) of the Third Modification) of the Leased Premises as indicated by the following: a. Existence of loose tiles; b. Existence of cracked tiles; c. Existence of broken tiles; d. Existence of washed-out tiles; e. Existence of open-mortar joints; f. Existence of deteriorated wood nailers; g. Existence of deteriorated roof rafters. 2 FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 The foregoing are your outstanding defaults, which are the basis for this Five Day Notice to Terminate Occupancy and Lease1: A copy of the Notice to Cure Default dated December 12, 2018 together with proof of service is annexed hereto as Exhibit B. PLEASE TAKE FURTHER NOTICE that due to your failure to cure the above-referenced defaults on or before the respective cure deadline, your tenancy will terminate on August 27, 2020, such date being at least five (5) days from your receipt of this notice, and without any further notice in accordance with paragraph 19 of the Net Lease, Any service of this notice in addition to the service on the Tenant required by paragraph 32 of the Net Lease as modified by paragraph 7 of the First Modification is intended as a courtesy only and shall not serve to alter or extend any deadline set forth herein. The Landlord does not waive its right to hold Tenant in default for any other violation of the Lease (as defined herein) not stated above and expressly reserves its right to all remedies it is entitled to by virtue of those documents. PLEASE TAKE FURTHER NOTICE that you may direct any responses to this notice to the above referenced attorneys. Dated: August 10,2020 Sheepshead Restaurant Associates, Inc. (Landlord) '7 By: _ kS //__ deorge Pantelldrs.Tresident Sheepshead Restaurant Associates, Inc.X Hagan, Coury & Associates (Attorneys for Landlord) By: William J. Coury 18-108 Notice to Terminated 1 All other breaches set forth in the Notice to Cure Default dated December 12, 2018 have been cured and/or are not the basis for this Notice to Terminate Occupancy and Lease. The Landlord reserves its rights as to other defaults. 3 FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 n RECEIVED NYSCEF: 06/01/2021 | < ! I - . V EXHIBIT A f ! 1 t f, j = 1 I( ! i ? FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 : NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 SWii; = i: / SCHEDULE A Description of Preitiises ALL that certain plot, piece or parcel of land with the buildings improvements and thereon erected, situate, lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and follows! described as BEGINNING at the corner farmed by the intersection of the westerly side of f Ocean Avenue (100 feet wide) and the northerly side of Emmons Avenue wide); (120 feet . --- ■ RUNNING THENCE westerly along the northerly side of Emmons Avenue A 3//, 251 feet inches to the corner farmed by the intersection of the northerly side of Emmons Avenue and the easterly side of East 19 Street (60 feet wide); RUNNING THENCE northerly along the easterly side of East 19 Street A 217 feet 3/4 inches to the corner formed by the intersection of the easterly East side of 19 Street and the southerly side of Shore Parkway (irregular width), RUNNING THENCE easterly along the southerly side of Shore Parkway 136 feet 0 5/8 inches to an angle point; RUNNING THENCE southerly still along Shore Parkway 6 feet 7 3/A inches to,an angle point on the southerly side of Shore Parkway and distant 115 from feet 1 inch the westerly side of Ocean Avehue, measured at right angles therefrom; RUNNING THENCE easterly still along Shore Parkway and at right angles to the westerly side of Ocean Avenue 115 feet 1 inches to the corner formed intersection by. the of the southerly s-ide of Shore Parkway and the wester ly side of Ocean Avenue; ’ ‘ \ ~ " RUNNING THENCE southerly along the westerly side of Ocean Avenue 215 feet 2 1/8 inches to the corner formed by the intersection of the westerly Ocean side of ' Avenue and-the northerly side of Emmons Avenue 1 BEGINNING, ' . . the point of place of / t “ FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 Iv > y?fd • ■ * ] \ i '' ^/T- v> vh ] jt I . y' (Wtv, iun4 I \ u £f/>4p ' //. ///^ jJJltSWii ^■WiSiI.t* W*i7 ii T &$' t- ■~\ 'w4 r^ 4 >. i .* [k i ; n $ I* ^ 'ir j >» c £L. / 0* s v> /j't/—i^=i X n I ! ; £ 'yj/^yv-W^r • ] ^!& K \ •• 1 .•! / iSrTVj* V / ^ • l\u. u J C \ 'X, ^ $• Wfr - *r 625-2060 Via Fax (718) 625-2060 Via Email (pappassi@aol.com) Via Email (papnassi@aol.com) TO: Lundy’s Management Corp. TO: Lundy’s Management Corp. c/o Steve Pappas c/o Steve Pappas Ground Floor 540 Atlantic Avenue, Lower Level 540 Atlantic Avenue Brooklyn„1Srew York 11217 Brooklyn, New York 11217 ■: Via Personal Service Via Regular & Via Regular & Certified Mail R/R/R Certified MailR/R/R Via Fax (212) 551-8484 TO: Lundy’s Management Corp. Via Email (btheis@rosenbergestis.com) c/o Steve Pappas TO: Rosenberg & Estis,P.C. 1901 Emmons Avenue 733 Third Avenue Brooklyn,New York 11235 New York, New York 10017 i: Attn: Brett B. Theis l V i Re: All buildings, rooms, and land located at 1901-1929 Emmons Avenue, and 31-52 to 31-76 Ocean Avenue, Brooklyn, New York 11235, as more fully described in the metes and bounds description and survey annexed to the Net Lease dated March 9,1994 and annexed hereto as Exhibit A, the entire Block 8775, Lot 41, otherwise described as the “Leased Premises’Mn the Net Lease dated March 9, 1994. ;• Annexed Hereto as Exhibit A is a metes and bounds description and survey, which is a copy of Exhibit A annexed to the Net Lease (defined below). S PLEASE ^TAKE NOTICE that you have violated the 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 Coip. as tenant (“Tenant”), as amended and modified (collectively, the “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 cured on or before January 11, 2019, such date being more than twenty (20) days j; ? \ 1 i FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 t RECEIVED NYSCEF: 06/01/2021 V from your receiptof this notice, or if said 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 of the same to completion with due diligence, the Landlord may exercise its-rights under 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 from 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 25,2018 in accordance with Landlord’s “Demand For Access to the Leased Premises and Certain Documents Pursuant to the Lease,” dated October 15, 2018, 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 connection with the Leased Premises, security deposits in connection with the Leased Premises, a list of 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 13, 2017 between Landlord and Tenant (“2017 Lease Modification”). •i > Accordingly, in order to remedy the above default, provide all documents and information detfranded in the Demand, which is annexed hereto as Exhibit B, on or before January 11, 20i9. 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) of the 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 paragraph 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 TO CORRECT DEFECTS ON 2015 CAT 1 INSP/TST.” Issued on 1/3/2017. ? 2) V 102017E9028/613204 (DOB) - Elevator Violation. Issued on f- 10/20/2017. i 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) of the Net Lease: /. 1>: FDNY Violation# 011596131R-Issued September 24, 2018. 2t FDNY Violation #011596132Z-Issued September 24,2018. 3); FDNY Violation #011657107N - Issued September 28, 2018. il 4)- FDNY Violation #012080813N-Issued September 17, 2018. ¥ 2 FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 3. In 'violation of paragraph 8 of the Net Lease, the Tenant has failed to promptly and at its own cost arid 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 roofof the Main Building (as defined in Section 1(a) of the 2017 Lease Modification) of the Leased Preinises as indicated by the following: L a) Existence of loose tiles; b) Existence of cracked tiles; c) Existence of broken tiles; d) Existence of washed-out tiles; e) Existence of open-mortar joints; f) Existence of deteriorated wood nailers; g) Existence of deteriorated roof rafters. Accordingly, in order to remedy the above default, the roof of the Main Building of the Leased Premises needs to be immediately replaced, while addressing each of the above items. Specifically, the Tenant must perform the following work: a) Removing and replacing the terra-cotta tiled roof of the Main Building; b) Repairing.'the bituminous roofing system at the areas of flat roof of the Main Building; c) Any other necessary repairs to completely replace the roof of the Leased Premises. Note thafthe Main Building roof replacement must be performed as follows: c a) That the ferra-cotta roof tiles on the Main Building must be replaced in kind to match the historic roofing material in terms of color, 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 of the Main Building. PLEASETAKE NOTICE that pursuant to paragraph 19 of the Net Lease, you are hereby required to cure tljie 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 within twenty (20) days after receipt of this notice, or if said 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 of the same to completion with due diligence, the Landlord will elect to terminate your tenancy in accordance with paragraph 19 of the Net Lease, i The Landlord does not waive its right to hold Tenant in default for any other violation of the Net Lease of any modification or amendment thereto not stated above and expressly reserves its right to all remedies it is entitled to by virtue of those documents, and this notice shall not be deemed a waiver'or admission as to any illegal or improper use by any subtenant. 1 $; i ): L 3 *i FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 PLEASE TAKE FURTHER NOTICE that you may direct any responses to this notice to Hagan, Coury & Associates. ! Sheepshead/^estaurant Assopi Inc. Hagan, Coury & Associates (Landlord^ / (Attorneys for LapjUord) By: f ^3 William J. Cmiryp Geo 'antdjjfHs, President Ends. ) 8/108noticetocure6 i ! I p 0 £ i | 1 s f t ! E 4 FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 j f l ' . V EXHIBIT A i l : = ! FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 f SCHEDULE A Description of Premises ALL that certain plot, piece or parcel of land with the buildings and improvements thereon'erected, situate, lying and being in the Brooklyn, Boroug h of County of Kings,' City and State of New York follows* bounde d and descri bed as BEGINNING at the corner formed by the intersection of the westerly side of Ocean Avenue (100 feet wide) and the northerly side of Emmons wide); Avenue (120 feet . • --- RUNNING THENCE westerly along the northerly side of Emmons Avenue 251 feet 63/4 inches to the corner formed by the intersection of the northerly Emmons side of Avenue and the easterly side of East 19 Street (60 feet wide)( RUNNING'THENCE northerly along the easterly side of East 19 Street 217 feet ,4 3/4 inches to the corner formed by the intersection of the easterly East side of 1? Street and the southerly side of Shore Parkway (irregular width), RUNNING THENCE easterly along the southerly side of Shore Parkway 136 feet 0 5/8 inches to an angle point? RUNNING THENCE southerly still along Shore Parkway 6 feet 7 3/4 inches angle to,an point on the southerly side of Shore Parkway and distant 115 feet from the i inch westerly side of Ocean Avehue, measured at right angles therefrom? RUNNING THENCE easterly still along Shore Parkway and at right angles to the westerly side of Ocean Avenue 115 feet 1 inches to the corner formed intersection by. the of the southerly s-ide of Shore Parkway and the’w. esterl y side Ocean Avenue? ' • ' ' . ' of RUNNING THENCE southerly along the westerly side of Ocean Avenue 215 feet 2 1/8 inches to the corner formed by the intersection of the westerly side of ' Ocean Avenue and-the northerly side of Emmons Avenue BEGINNING, ' . . the point of place of FILED: KINGS COUNTY CLERK 06/01/2021 04:35 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 739 RECEIVED NYSCEF: 06/01/2021 ,v £8f- /?-Cd ■■ | ' /J v> • } x < J* e^it iMoj I ■\ X M ^ l i Jy. J S/M% 7?‘» 3$' *>* i /ImZ&J&de* Mr V u S K~%: ^IRs (b •a >. 1 'A \\ 4 l 4 J> ; n ■ S>{ ' I § ^5 I . ff / it i• * if^—. l X !< s |K M : iP^V- iw ■•■•[! ; C'.1*. *': \ s h ■ -JBS • ' ^ I^1 Kzrrt/cea -ft-gn -V, li \ ^