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FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 06/02/2022
THIRD AMENDMENT TO LEASE
AGREEMENT made this 28th day of February, 1989 by and
between JAMES FRONTERO, residing at 13 Valley Road, Bayville,
New York (hereinafter referred to as "Lessor") and D.V.K.
REALTY, INC., a New York corporation having its principal
office at 500 Old Country Road, Garden City, New York
(hereinafter referred to as "Lessee");
W I T N E S S E T H:
WHEREAS, on September 7, 1977, JAMES FRONTERO, as
Lessor, and D.V.K. REALTY, INC., as Lessee, entered into a
written lease (hereinafter "the Lease"), for the premises
described in the Lease; and
WHEREAS, the Lease was amended by Amendment to Lease
dated December 19, 1987 so as to, among other things, cover
additional premises described in said Amendment to Lease; and
WHEREAS, the Lease was again amended by Second
Amendment to Lease dated January 17, 1989 so as to, among other
things, make more definite and certain the description of the
premises described therein; and
WHEREAS, the parties desire to further amend the Lease
as heretofore amended;
NOW, THEREFORE, in consideration of the mutual
covenants herein and in the Lease, as amended, contained it is
hereby agreed that the Lease, as heretofore amended, be further
amended as follows:
1. Paragraph 9 of the Lease, as heretofore amended,
is deleted and the following substituted in its place and stead:
"9. If the whole or any part of the Demised Premises
is taken or condemned by any competent authority for
any public use or purpose during the term or any
extension of this Lease, Lessee reserves the right
unto itself the right to claim and prosecute its claim
in all appropriate courts and agencies for an award or
damages for such taking based upon its leasehold
interest and ownership of buildings, as its interest
may appear, alterations and improvements without
impairing any rights of the Landlord fqr the taking
of, or inju·; to, the reversion.
FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 06/02/2022
Any award or damages received by Lessee shall be
reduced by an amount ten times the annual rental for
the year during which the premises are taken or
condemned, which amount shall be an award of the
Lessor.
If a part of the Demised Premises shall be taken or
condemned which, in the reasonable business judgment
of Lessee is sufficient to render the remaining
Portion unsuitable for its continued use or occupancy,
. then Lessee may, at any time, either prior to or
within a period of seventy-five (75) days after the
date when apossession of the Demised Premises shall be
required by the condemning authority to elect to
terminate this Lease.
In the event that Lessee shall fail to execute any
such option to terminate this Lease, then such event,
this Lease shall continue in effect with respect to
the portion of the Demised Premises not so taken.
Lessee will, with all due diligence and at its own
expense, repair and restore the Demised Premises or
what remain it to its former condition."
may of
2. A new Paragraph "27" be and the same is
hereby
added to the Lease, as heretofore amended, reading as follows:
"27. Lessor shall, within thirty (30) days after
request by Lessee therefor, execute and deliver to
Lessee, or any designee of Lessee, and without charge,
a Non-Disturbance Agreement in favor of any subtenant
of all or any portion of the Demised Premises,
in the form annexed hereto."
substantially
3. Except as herein set forth, all the other terms
and conditions of the Lease as heretofore amended shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
JAMES FRONTERO
D.V.K. REALTY, INC.
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Preview
FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 06/02/2022 THIRD AMENDMENT TO LEASE AGREEMENT made this 28th day of February, 1989 by and between JAMES FRONTERO, residing at 13 Valley Road, Bayville, New York (hereinafter referred to as "Lessor") and D.V.K. REALTY, INC., a New York corporation having its principal office at 500 Old Country Road, Garden City, New York (hereinafter referred to as "Lessee"); W I T N E S S E T H: WHEREAS, on September 7, 1977, JAMES FRONTERO, as Lessor, and D.V.K. REALTY, INC., as Lessee, entered into a written lease (hereinafter "the Lease"), for the premises described in the Lease; and WHEREAS, the Lease was amended by Amendment to Lease dated December 19, 1987 so as to, among other things, cover additional premises described in said Amendment to Lease; and WHEREAS, the Lease was again amended by Second Amendment to Lease dated January 17, 1989 so as to, among other things, make more definite and certain the description of the premises described therein; and WHEREAS, the parties desire to further amend the Lease as heretofore amended; NOW, THEREFORE, in consideration of the mutual covenants herein and in the Lease, as amended, contained it is hereby agreed that the Lease, as heretofore amended, be further amended as follows: 1. Paragraph 9 of the Lease, as heretofore amended, is deleted and the following substituted in its place and stead: "9. If the whole or any part of the Demised Premises is taken or condemned by any competent authority for any public use or purpose during the term or any extension of this Lease, Lessee reserves the right unto itself the right to claim and prosecute its claim in all appropriate courts and agencies for an award or damages for such taking based upon its leasehold interest and ownership of buildings, as its interest may appear, alterations and improvements without impairing any rights of the Landlord fqr the taking of, or inju·; to, the reversion. FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 06/02/2022 Any award or damages received by Lessee shall be reduced by an amount ten times the annual rental for the year during which the premises are taken or condemned, which amount shall be an award of the Lessor. If a part of the Demised Premises shall be taken or condemned which, in the reasonable business judgment of Lessee is sufficient to render the remaining Portion unsuitable for its continued use or occupancy, . then Lessee may, at any time, either prior to or within a period of seventy-five (75) days after the date when apossession of the Demised Premises shall be required by the condemning authority to elect to terminate this Lease. In the event that Lessee shall fail to execute any such option to terminate this Lease, then such event, this Lease shall continue in effect with respect to the portion of the Demised Premises not so taken. Lessee will, with all due diligence and at its own expense, repair and restore the Demised Premises or what remain it to its former condition." may of 2. A new Paragraph "27" be and the same is hereby added to the Lease, as heretofore amended, reading as follows: "27. Lessor shall, within thirty (30) days after request by Lessee therefor, execute and deliver to Lessee, or any designee of Lessee, and without charge, a Non-Disturbance Agreement in favor of any subtenant of all or any portion of the Demised Premises, in the form annexed hereto." substantially 3. Except as herein set forth, all the other terms and conditions of the Lease as heretofore amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. JAMES FRONTERO D.V.K. REALTY, INC. -2-