Preview
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018
FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018
ADDRESS: 306-332 NASSAU ROAD, ROOSEVELT, NEW YORK 11575
PREM1SES: 332 Nassau Road, Roosevelt. New York 11575
SEROTA ROOSEVELT LLC (LANDLORD)
TO
WESTERN BEEF RETAIL, INC. (TENANTS)
Oh'
STANDARD FORMOF
STORE
LEASE
I,g+S+
DATED: §_, 2004
RENT PER YEAR : AS SET FORTH IN RIDER ATTACBED HERETO
RENT PER MONTH: AS SET FORTH IN RIDER ATTACITED RERETO
TERM : enT (5) YEARS
FROM :
TO :
DRAWNBY .................................................................. CHECKRDav ........................................................................
Bs I'BBIB)BY .............. APPROVED
BY.
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STANDARD FORM OF STORE LEASE
The Real Estate Board of New York, Inc.
AGREEMENT OF LEASE, made as of this Òf
uk'
c)lC _ day of ~ 2 04, between
SEROTA ROOSEVELT LLC a Delaware limited liability company having an office at 70 Bast Sunrise Highway, Valley
Stream, New York 11581 party of the first part, hereinafter referred to as OWNER. and
nt'
WESTERN REEF RE'tAli, INC., a New York corporation having an office at 47-05 Metropolitan Avenuc party of the
second part, hereinafter referred to collectively as TENANT,
WITNESSETH: Owner hereby leases to Tenant and Tenant hereby hires from Owner those certain
premises known as 332 Nassau Road, Roosevelt, New York 11575 consisting of 25,400 deemed rentable square
feet
in the building (as said term is defined herein) known as 306-332 Nassau Road, Roosevelt, New York 11575
in the Town of HEMPSTEAD, COUNTY of NASSAU, for the term of FIVE (5) YEARS
(or until such term shall sooner cease and expire as hereinafter provided) to commence
AS SET FORTH IN THE RIDER ATTACHED HERETO and to end
AS SET FORTH IN THE RIDER ATTACHED ITERETO
both dates inclusive, at an annual rental rate AS SET FORTH IN THE RTDER ATTACHED IIERETO .
ol'
of'
which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and
public
dues, r and private,
I at the time of payment,
r- I in equal
1 monthly installments in advance on the first dayJ of each month
during said term, at the office of Owner or such other place as Owner' may designate, without any set off or deduction
whatsoever, except that Tenant lip the first ONE (1) monthly installment(s) on the execution hereof (unless this
lease be a renewal).
The parties hereto, for themselves, their heirs. distributees, admmistrators, legal representatives, sihci:essnrsand
assigns, hereby covenant as follows:
Rent: l. Tenant shall pay the rent as above and as hereinafter provided.
Occupancy: 2. Tenant shall use and occupy demised premises as a retail supermarket for the preparation, storage,
display and sale of all food pmducts and other merchandise customarily sold in major supermarket chain stores located
in the counties of Nassau and Suffolk, andre sale of beer, wine and liquors, if legally licensed to do so.
and for no other purpose. In connection with the foregoing Owner represents that it shall not lease any other space in the
Shopping Center to an individual or entity whose primary use thereof shall directly compete with the use of the Demised
Premises by Tenant hereunder. Tenant shall at all times conduct its business in a high grade and reputable manner, shall
not violate Article 37 hereof, and shall keep show windows and signs in a neat and clean condition.
Alterations: 3. Tenant shall make no changes in or to the demised premises of any nature without Owner's prior
oi'
written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant's
expense, may make alterations, installation, additions or improvements which are non-structural and which do not affect
utility services or p lumbing and electrical lines, in or to 1he interior of the demised p rennses by using contractors or
mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or
improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-
governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of
all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and
sub-contractors to carry such workman's compensation, general liability, personal and property damage insurance as
Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms
a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article,
the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the bond required by law.
All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by
Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and
be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date
fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in
Tenant'
which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's
expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures,
moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other
installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to
the condition existing prior to installation and repair any damage to the demises premises or the building due to such
removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises
after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's
property nr may hc removed horn the premises by Owner at Tenant's expense,
rcrnoved from
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Repairs: 4. lf Owner allows Tenant to crcet on the outside of the building a sign or signs, or a hoist, lift or
sidewalk elevator for the exclusive use of Tenant, Tenant shall maintain such exterior installations in good appearance and
shall cause the same to be operated in a good and workrnanlike manner and shall make all repairs thereto necessary to
keep same in good order and condition, at Tenant's own cost and expense, and shall cause the same to be covered by the
insurance provided for hereafter in Article 8. Tenant shall, throughout the term of this lease, take good care of the
premises and the tixtures and appurtenances therein, and the sidewalks adjacent thereto, and its sole cost and
expense, make all non-structural repairs thereto as and when needed to preserve them in good working order and
condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casually, excepted. If the
demised premises be or become infested with vennin, Tenant shall at TenanUs expense, cause the same to be
exterminated from time to time to the satisfaction of Owner. Except as specifically provided in Article 9 or elsewhere in
this lease, there shall be no allowance to the Tenant for the diminuation of rental value and no liability on the part of
Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or
failing to make any repairs, alterations, additions or improvements in or to any portion of the building or the demised
premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this article 4 with respect to the
of repairs shall not apply in the case of fire or other casualty which are dealt with in article 9 hereof.
Window
Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be
cleaned from the from the outside in violation of Section 202 of the New York State Labor Law or any other applicable
nt'
law or of the Rules ofthe Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction.
Tenant shall at Owner's election, use a window cleaning company designated by Owner whose rates shall be competitive,
Requirements
of Law, Fire
Insurance: 6. Prior to the commencement of the lease tenn, if Tenant is then in possession. and at all times
thereafter, Tenant at Tenant's sole cost and expense, shall promptly comply with all present and future laws, orders and
regulations of all state, federal, municipal and local governments, departments, commissions and boards and any direction
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of any public officer pursuant to law, and all order, rules and regulations of the New York Board of Fire Underwriters or
the hisurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant
with respect tot he demised premises, and with respect to the portion of the sidewalk adjacent to the premises, if the
premises are on the street level, whether or not arising out of Tenant's use or manner of use thereof, or with respect to the
building if arising out of Tenant's use or manner of use of the premises or the building (including the use permitted under
the lease). Except as prm ided in Article 29 hereof, nothing herein shall require Tenant to make structural repairs or
alterations unless Tenant has by its manner of use of the demised premises or method of operation therein, violated any
such laws ordinances, orders, rules, regulations or requirements with respect thereto. Tenant shall not do or permit any act
or thing to be done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with
public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner. Tenant shall pay all
costs, expenses, fines, penalties or damages, which may be imposed upon Owner by reason of Tenant's failure to comply
with the provisions of this article. If the fire insurance rate shall, at the beginning of the lease or any time thereafter, be
higher than it otherwise would be, then Tenant shall reimburse Owner, as additional rent hereunder, for that portion of all
fire insurance premiums thereafter paid by Owner which shall have been charged because of such failure by Tenant, to
with the terms of this article. In any action or proceeding wherein Owner and Tenant are parties, a schedule or
"make-up" oi'
of rate for the building or demised premises issued by a body making tire insurance rates applicable to said
premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance
rate then applicable to said premises.
Sub-
ordination: 7. This lease is subject and subordinate to all ground or underlying leases and to all mortgages which
may now or hereafter affect such leases or the real property of which demised premises are a part and to all renewals,
modifications, consolidations, replacements and extensions of any such underlying leases and mortgages. This clause
shall be self-operative and no further instrument of subordination shall be required by any ground or underlying lease or
by any mortgagee, affecting any lease or the real property of which the demised premises are a part. in confirmation of
such subordination, Tenant shall execute promptly any certificate that Owner may request, Owner shall within sixty (60)
ol'
days of the mutual execution and delivery of this Lease obtain a Subordination Non-Disturbance and Attomment
Agreement from the lender holding the existing mortgage on the building of which the Demised Premises form a part.
Tenant's
Liability
Property -
Loss,
Damage,
Indemnity: 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to
employees of the building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or
damage to persons or property resulting from any cause of whatsoever nature, unless caused by or due to the negligence of
Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other
tenants or persons in, upon or about said building or caused by operations in construction of any private, public or quasi
public work. Tenant agrees, at Tenant's sole cost and expense, to maintain general public liability insurance in standard
form in favor of Owner and Tenant against claims for bodily injury or death or property damage occurring in or upon the
demised premises, effective from the date Tenant enters into possession and during the term of this lease. Such insurance
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shall be in an amount and with carriers acceptable to the Owner. Such policy or policies shall be delivered to the Owner.
On Tenant's default in obtaining or delivering any such policy or policies or failure to pay the charges therefor, Owner
may secure or pay the charges for any such policy or policies and charge the Tenant as additional rent therefor. Tenant
shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs
and expenses for which Owner shall not be reimbursed by insurance, including reasonable aiiorneys fees, paid, sutTered or
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incurred as a result of any breach by Tenant, Tenant's agents, contractors, employees, invitces, or licensees, of any
covenant on condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant's agents,
uTenant tn Owner must he served by registered
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or certified mail addressed to Owner at the address first hereinabove given or at such other address as Owner shall
designate by written notice.
Water
Charges: 28. If Tenant requires. uses or consumes water for any purpose in addition to ordinary lavatory purposes
(of which fact Tenant constitutes Owner to be the sole judge) Owner may install a water meter and thereby measures
Tenant s water consumption for all purposes. Tenant shall pay Owner for thc cost of the meter and the cost of the
installation thereof and throughout the duration of Tenant's occupancy Tenant shall keep said water meter and installation
equipment in good working order and repair at Tenant's own cost and expense. Tenant agrees to pay for water consumed,
as shown on said meter as and when bills are rendered. Tenant covenants and agrees to pay the sewer rent, charge or any
other tax, rent, levy or charge which now or hereafter is assessed, imposed or a lien upon the demised premises or the
realty of which they are part pursuant to law, order or regulation made or issued in connection with the use, consumption,
maintenance or supply of water, water system or sewage or sewage connection or system, The hin rendered by Owncr
shall be payable by Tenant as additional rent. lf the building or the demised premises or any part thereof be supplied with
water through a meter through which water is also supplied to other premises Tenant shall pay to Owner as additional
nf'
rent, on the first day of each month, Tenant's Pro-Rata Share as set forth in the Rider of the total meter charges, as
Tenants' portion.
Independently of and in addition to any of the remedies reserved to Owner hereinafter or clsewhere in
this lease.
Sprin klers: 29. Anything elsewhere in this lease to the contrary notwithstanding, if the New York Board of Fire
ot'
Underwriters or the Insurance Services Office or any bureau, department or official of the federal, state or city
government require or recommend the installation of a sprinkler system or that any changes, modifications. alterations, or
Tenant'
additional sprinkler heads or other equipment be made or supplied in an existing sprinkler system by reason of Tenant's
business, or the location of partitions, trade fixtures, or other contents of the demised premises, or for any other reason, of
if any such sprinkler system installations, changes, modifications. alterations, additional sprinkler heads or other such
equipment, become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler
system in the fire insurance rate set by any said Exchange or by any fire insurance company. Tenant shall, at Tenant's
expense, promptly m ake s uch sprinkler system installations, c modifications, a1terations, and supply additional
sprinkler heads or other equipment as required whether the work involved shall be structural or non-structural in nature.
Tenant shall pay to owner as additional rent Tenant's Pro-Rata Share as set forth in the Rider , on the first day of each
month during the term of this lease, as Tenant's portion of the contract price for sprinkler supervisory service.
Heat
Cleaning: 30. Tenant shall at Tenant's expense, keep demised premises clean and in order, to the reasonable
satisfaction to Owner, and if demised premises are situated on the street floor, Tenant shall, at Tenant's own expense,
keep the sidewalks adjacent to the Demised Premises and curbs free from snow, ice, dirt and rubbish. Tenant shall pay to
Owner the cost of removal of any of Tenant's refuse and rubbish from the building. Dills for the same shall be rendered
by Owner to Tenant at such times as owner may elect and shall be due and payable when rendered, and the amount of
such bills shall be deemed to be, and be paid as, additional rent. Tenant shall, however, have the option of independently
for the removal of such rubbish and refuse in the event that Tenant does not wish to have same done by
employees of Owner. Under such circumstances, however, the removal of such refuse and rubbish by others shall be
subject to such rules and regulations as, in the judgment of Owner, are necessary for the proper operation of the building.
ut'
3L Tenant has deposited with Owner the sum of $0 as security for the faithful performance and
observance by Tenant of the terms, provisions and conditions of this lease; it is agreed that in the event Tenant defaults in
respect of any of the terms, provisions and conditions of this lease, including, but not limited to, the payment of rent and
additional rent. Owner may use, apply or retain the whole or any part of the security so deposited to the extent required
for the payment of any rent and additional rent or any other sum as to which Tenant is in default or for any sum which
Owner may expend or may be required to expend by reason of Tenant's default in respect of any of the terms, covenants
and conditions of this lease, including but not limited to, any damages or deficiency in the re-letting of the premises,
whether such damages or deficiency accrued before or after summary proceedings or the re-entry by Owner. Jn the event
that Tenant shall fully and faithfully comply with all of the terms, provisions. covenants and conditions of this lease, the
security shall be returned to Tenant after the date fixed as the end of the Lease and after delivery of entire possession of
the demised premises to Owner. In the event of a sale of the land and building or leasing of the building, of which the
demised premises for a part, Owner shall have the right to transfer the security to the vendee or lessee and Owner shall
thereupon be released by Tenant from all liability for the return of such securhy, and Tenant agrees to look to the new
Owner solely for the return of said security; and it is agreed that the provisions hereof shall apply to every transfer or
assignment made of the security to a new Owner. Tenant further covenants that it will not assign or encumber or attempt
to assign or encumber the monies deposited herein as security ad that neither Owner nor its successors or assigns shall be
bound by any such assigrunent, eneumbrance, attempted assignments or attempted encumbrance.
Captions. 32. The captions are inserted only as a matter of convenience and for reference and in no way define,
limit or describe the scope of this lease nor the intent of any provision thereof.
"Owner"
Definitions. 33. The term as used in this lease means only the Owner. or the mortgagee in possession, for
the time being of the land and building (or the Owner of a lease of the building or of the land and building) of which the
demised premises for a part, so that in the event of any sale or sales of said building, or of the land and building, the said
coven.
Owner shall be and hereby is entirely freed and relieved of all covenants and obligations of Owner hereunder, and it shall
be deemed and construed without further agreement between the parties or their successors in interest, or between the
parties and the purchases. at any such sale, or the said lessee of the huilding, or of the land and building, that the purchaser
or the lessee of the building has assumed and agreed to carry out any and all covenants and obligations of Owner
"re-enter" "re-entry"
hereunder. The words and as used in this lease are not restricted to their technical legal meaning.
days"
The term'business as used in tliis lease shall exclude Saturdays (except such pnrtinn thereof as is covered by
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specific hours in Article 30 hereof), Sundays and all days designated as holidays by the applicable building service union
employees service contract or by the applicable Operating Engineers contract with respect lo HVAC service.
Adjacent
Excavation-
Sh aring: 34. If an excavation shall he made upon land adjacent to the demised premises, or shall be authorized to
be made, Tenant shall afford t o the person causing or authorized to c ause such excavation, license to enter upon the
demised premises for the purpose of' of doing such work as said person shall deem necessary to preserve the wall or the
building of which demised premises for a part from injury or damage and to support the same by proper foundations
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without any claim for damages or indemnity against Owner, or diminution or abatement of rent.
Rules and
Regulations: 35. Tenant and Tenant's servants, employees, agents, visitors, and licensces shall observe faithfully, and
comply strictly with the Rules and Regulations and such other and further reasonable Rules and Regulations as Owner or
Owner's agents may from time to time adopt, Notice of any additional rules or regulations shall be given in such manner
as Owner may elect. In case Tenant disputes the reasonableness of any additional Rule or Regulation hereafter made or
adopted by Owner or Owner's agents, the parties hereto agree to submit the question of the reasonableness of such Rule or
Regulation for decision to the New York office of the American Arbitration Association, whose determination shall be
final and conclusive upon the parties hereto. The right to dispute the reasonableness of any additional Rule or Regulation
upon Tenant's part shall be deemed waived unless the same shall be asserted by service of a notice, in writing upon
Owner within ten (10) days after the giving of notice thereof. Nothing in this lease contained shall be construed to impose
upon Owner any duty or obligation to enforce the Rules and Regulations or terms, covenants or conditions in any other
lease, as against any other tenant and Owner shall not be liable to Tenant for violation of the same by any other tenant, its
servants, employees, agents, visitors or licensees.
Glass: 36. Tenant shall replace, at the expense of Tenant, any and all plate and other glass damaged or broken
from any cause whatsoever in and about the demised premises. Tenant shall insure, and keep insured, at Tenant's expense
all plate and other glass in the demised premises for and in the name of Owner. Bills for the premiums therefor shall be
rendered by Owner to Tenant at such times as Owner may elect, and shall be due from, and payable by. Tenant when
rendered, and the amount thereof shall be deemed to be, and be paid as. additional rent.
Pornographic
Uses
Prohibited: 37. Tenant agrees that the value of the demised premises and the reputation of the Owner will be
injured if the premises are used for any obscene or pornographic purposes or any sort of conunercial sex
establishment. Tenant agrees that Tenant will not bring or permit any obscene or pornographic material on the premises,
ol'
and shall not permit or conduct any obscene, nude, or semi-nude live performances on the premises, nor permit use of the
premises for nude modeling, rap sessions, or as a so-called rubber goods shops, or as a sex club of any sort, or as a
"massage parlor". Tenant agrees further that Tenant will not permit any of these uses by any sublessee or assignee of the
premises. This Article shall directly bind any successors in interest to the Tenant. Tenant agrees that if at any time
Tenant violates any of the provisions of this Article, such violation shall be deemed a breach of a substantial obligation of
the terms of this lease and objectionable conduct. Pornographic material is defined for purposes of this Article as any
written or pictorial matter with prurient appeal or any objects of instrument that are primarily concerned with lewd or
prurient sexual act vity. Obscene material is defined here as it is in Penal Law §235.00.
Estoppel
Certificate: days'
38, T enant, a t any t ime, and from time to time, upon a t Ieast 10 dayi prior notice b y O wner, shall
execute, acknowledge and deliver to owner, and/or to any other person, firm or corporation specified by Owner, a
certifying that this lease is unmodified and in full force and effect (or, if there have been modifications, that the
same is in full force and effect as modified and stating the modifications), stating the dates which the rent and additional
rent have been paid, and stating whether or not there exists any defaults by Owner under this lease, and, if so, specifying
each such default
Successors
And Assigns: 39. The covenants, conditions and agreements contained in this lease shall bind and inure to the benefit
of Owner and Tenant and their respective heirs, distributees, executors, administrators, successors, and except as
otherwise provided in this lease, their assigns.
SEE RIDER ANNEXED HERETO AND MADE A PART HEREOF CONTAINING PAGES 1
THROUGH 24, CONSISTING OF ARTICLES 40 TIIROUGH g7 AND EXHIBIT A
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Whereof,'
In Witness O'hereof, Owner and Tenant have respectively signed and sealed this lease as of the day and
year first above written.
CORP.
SEAL
Witness for Owner: SEROTA ROOSEVELT LLC
'
" /nkvd» gyk+4g<><»",: ' %fRi! g; l I~ a j, ' ' I"~Q iL gi
'lg
flTW/A L N OTF , Member
Witness for Tenant: jL.S.]
WESTERN B EF ET LN
y/
...... .................................................... BY.:.................................. .................... CORP.
Name: SEAL
Title:
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ACKNOWLEDGMENTS
CorporateOwner CorporateTenant
StateofNew York, }ss.: Stateof NewYork,}ss.:
Countyof } Countyof }
Onthis day of , 2001,beforeme Onthis dayof , 2001,beforeme
personallycame , personallycame
tobe known,who beingby me duly sworn,did depose to beknown,who beingby meduly swam.did depose
andsaythatheresidesin ; andsaythatheresidesin ;
thatheis the of thatheis the of
thecorporationdescribedin undwhichexecutedthe thecorporationdescribedin andwhichexecutedfor the
foregoinginstrument,asOWNER;thathe knowstbc foregoinginstrument,asTENANT; thatheknowsthe
sealof saidcorporation;thatthesealaffixedto said sealof saidcorporation;thatthesearaffixedto said
instrumentis suchcorporateseal;that is wassoaffixed instrumentis suchcorporateseal;thatit wassoaffixed
by orderof theBoardof Directorsof saidcorporation, by orderof theBoardof Directorsof saidcorporation,
andthathesignedhis nametheretoby like order. And thathesignedhisnametheretoby like order.
.................................................................. ......................................................................
indmdual Oymer individualTem1m
Stateof New York, }ss : StateofNew York,}ss.:
Countyof } Countyof }
oI'
On this day of , 2001,beforeme Onthis dayof , 2001,beforeme
came , personallycame ,
to beknownandknownto meto betheindividual to beknownandknownto meto betheindividual
describedin andwho, as OWNER,executedthe describedin andwho, asTENANT, executedthe
foregoinginstrumentandacknowledgedto methat foregoinginstnunentandacknowledgedto methat
heexecutedthesame. heexecutedthemme.
....................................... .........................- ............................................ ........................,
RULES AND REGULATIONS ATTACHED TO AND MADE A PART OF TES LEASE TN ACCORDANCE WTTH
ARTLCLE 35.
l. The sidewalks, entrances.driveways,passages, courts.devators, shalllaylinoleum, cr othersimilarfloorcovering, sothat:besameshall
vestibnks,stairwayscorridors.or hallsshoUnot be crbstructed or camem directcontactwiththefloorofI' thedernised premises, and,if
encumbered by any Tenantor usedfor any purposeotherthanfor linoicumorothersimilarDoororothersimilarfloorcoveringisdesired
ingressto andegressfmmthedemised premises andfor deliveryof tobeusedaninterliningof builder'sdeadening fehshallbefrst affixed
mercl-nndise andequipment in a pmmptandet11::ient mannerusirg inthe 11907, by a pasteorothermaterial,schib|ein warer,theumof
elevatorsandpassageways or in thepublichallof thebuilding.eitherby cement orothersimilaradhesive materialbeingexpressly prohibited.
uny tenantor by jobt>ers,or othemin the deliveryor receiptof 7. Reight,themture, business equipment, membundise andtudkyu>uik:'
matterof
merchandise, andanyhandtrucksexceptthoseeceipped byrubberdres anydescription shallbedeliveredto andremovedfromthepremises
andsafeguards. only on the freightelevators a nd throughthewrviceentrances :md
nt'the
L K thepremises aresituatedonthegmundfloorof buildingfenant corridorsandonlyduringhamsandin a manner approved by Owncr.
thereofshallfurther,atTenant's expense,keepthesidewalks andcurbin Ownerreserves theright to inspectall freightto bebroughtintothe
imntofsuidpremises cleanandfleefromice,snow,em, buildingandto exdudefrornthebuildingall freightwhichviolatesany
3. Thewaterandwashclosetsandplumbingfixturesshallnotbeusedfor of theseRuicsandRegulations or theleaseof whichtheseRulesand
any purposes other thanthosefor which they weredesignedor Regulations areapart.
constructed. 8 Ownerreserves therighttoexcludefromthebuildingbetween thehours
4. Tenantshallnot use,keencr permitto beusedor keptany foul or of 6 P.M.and8 A.M. sadat an hoursun Sundays, andheiidaysall
nexious gasormbstance inthedemmed premises, orpermitorsullir th persons whodo notpresema passto thebuildingsingedby Owner.
demisedp:vmisesto be occupiedor usedin a mannerotTensive or Ownerwill fumishpassesto personsfor whomany Tenan:requests
objectionable to Owneror otheroccupants of thebuildingby reason of samein writing. EachTenantshallben-sponsible for all persons for
noise,odots,and/orvibrations orinterferein anywnywithotherTenants whomherecucsts suchpassandshallbeliabletoOwnerfor allactsof
orthosehavingbusiness thercin. suchperson.
5, No sign,advertisement, noticeor otherlettingshall be exhibited, 9. Ownershullhavet½ rightto prohibitmy advertising cu!<'
by anyTer.ant
inscribed.painted oraffiredbyanyTenantonanypartof theoutside of which,in Owner'sopinion,tendsto impairtheceputation of Owneron
thedemised
ii' p remisCsozthCbuildingor ont hei nsi(toof thedemised
nt'
itsdegrubility asabuildingIbrstoresorotTices, anduponwrittennotice
premises if thesameis visihtefromtheoutsideof thepremises without fromOwner, Tenant shallrefrainfromordiscontinue suchadvertising.
thepriorwrittenconsent of Owner.exceptthatthenameof Tenantmay 10. Tenantshallnot bring or permilto be broughtor keptin or on the
appearon theentrancedoorof thepremises.In theeventof the demised premises, any inflammable, combustible or explosivefluid,
violationof the foregoingby anyTenant,Ownermayremovesame nuterial,chemical or substance,orcauzorpermitcnvodorsof cooking
withoutanyliability, and eny chargetheexpense incurredby such orotherprocess, or anyunusual orotherobjectionable odorstope-meate
toTenamorTenants violatingthisTule.Signsoninteriordoors moremanate fromthedemised prennses.
anddirectory tabletshallbeinscribed, painted oraffixedtoreachTenant 11 Tenantshalinotplacea loadon any floor of thedemised premises
byOmtcrattheexpense ofsuchTenantandshallbcofasize.colorand exceeding thefloortoadpersquarefootalcawhichK wasdesigned to
styleacceptab1c
Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 ADDRESS: 306-332 NASSAU ROAD, ROOSEVELT, NEW YORK 11575 PREM1SES: 332 Nassau Road, Roosevelt. New York 11575 SEROTA ROOSEVELT LLC (LANDLORD) TO WESTERN BEEF RETAIL, INC. (TENANTS) Oh' STANDARD FORMOF STORE LEASE I,g+S+ DATED: §_, 2004 RENT PER YEAR : AS SET FORTH IN RIDER ATTACBED HERETO RENT PER MONTH: AS SET FORTH IN RIDER ATTACITED RERETO TERM : enT (5) YEARS FROM : TO : DRAWNBY .................................................................. CHECKRDav ........................................................................ Bs I'BBIB)BY .............. APPROVED BY. FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 STANDARD FORM OF STORE LEASE The Real Estate Board of New York, Inc. AGREEMENT OF LEASE, made as of this Òf uk' c)lC _ day of ~ 2 04, between SEROTA ROOSEVELT LLC a Delaware limited liability company having an office at 70 Bast Sunrise Highway, Valley Stream, New York 11581 party of the first part, hereinafter referred to as OWNER. and nt' WESTERN REEF RE'tAli, INC., a New York corporation having an office at 47-05 Metropolitan Avenuc party of the second part, hereinafter referred to collectively as TENANT, WITNESSETH: Owner hereby leases to Tenant and Tenant hereby hires from Owner those certain premises known as 332 Nassau Road, Roosevelt, New York 11575 consisting of 25,400 deemed rentable square feet in the building (as said term is defined herein) known as 306-332 Nassau Road, Roosevelt, New York 11575 in the Town of HEMPSTEAD, COUNTY of NASSAU, for the term of FIVE (5) YEARS (or until such term shall sooner cease and expire as hereinafter provided) to commence AS SET FORTH IN THE RIDER ATTACHED HERETO and to end AS SET FORTH IN THE RIDER ATTACHED ITERETO both dates inclusive, at an annual rental rate AS SET FORTH IN THE RTDER ATTACHED IIERETO . ol' of' which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and public dues, r and private, I at the time of payment, r- I in equal 1 monthly installments in advance on the first dayJ of each month during said term, at the office of Owner or such other place as Owner' may designate, without any set off or deduction whatsoever, except that Tenant lip the first ONE (1) monthly installment(s) on the execution hereof (unless this lease be a renewal). The parties hereto, for themselves, their heirs. distributees, admmistrators, legal representatives, sihci:essnrsand assigns, hereby covenant as follows: Rent: l. Tenant shall pay the rent as above and as hereinafter provided. Occupancy: 2. Tenant shall use and occupy demised premises as a retail supermarket for the preparation, storage, display and sale of all food pmducts and other merchandise customarily sold in major supermarket chain stores located in the counties of Nassau and Suffolk, andre sale of beer, wine and liquors, if legally licensed to do so. and for no other purpose. In connection with the foregoing Owner represents that it shall not lease any other space in the Shopping Center to an individual or entity whose primary use thereof shall directly compete with the use of the Demised Premises by Tenant hereunder. Tenant shall at all times conduct its business in a high grade and reputable manner, shall not violate Article 37 hereof, and shall keep show windows and signs in a neat and clean condition. Alterations: 3. Tenant shall make no changes in or to the demised premises of any nature without Owner's prior oi' written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installation, additions or improvements which are non-structural and which do not affect utility services or p lumbing and electrical lines, in or to 1he interior of the demised p rennses by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi- governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workman's compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in Tenant' which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demises premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property nr may hc removed horn the premises by Owner at Tenant's expense, rcrnoved from FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 Repairs: 4. lf Owner allows Tenant to crcet on the outside of the building a sign or signs, or a hoist, lift or sidewalk elevator for the exclusive use of Tenant, Tenant shall maintain such exterior installations in good appearance and shall cause the same to be operated in a good and workrnanlike manner and shall make all repairs thereto necessary to keep same in good order and condition, at Tenant's own cost and expense, and shall cause the same to be covered by the insurance provided for hereafter in Article 8. Tenant shall, throughout the term of this lease, take good care of the premises and the tixtures and appurtenances therein, and the sidewalks adjacent thereto, and its sole cost and expense, make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casually, excepted. If the demised premises be or become infested with vennin, Tenant shall at TenanUs expense, cause the same to be exterminated from time to time to the satisfaction of Owner. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for the diminuation of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this article 4 with respect to the of repairs shall not apply in the case of fire or other casualty which are dealt with in article 9 hereof. Window Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned from the from the outside in violation of Section 202 of the New York State Labor Law or any other applicable nt' law or of the Rules ofthe Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. Tenant shall at Owner's election, use a window cleaning company designated by Owner whose rates shall be competitive, Requirements of Law, Fire Insurance: 6. Prior to the commencement of the lease tenn, if Tenant is then in possession. and at all times thereafter, Tenant at Tenant's sole cost and expense, shall promptly comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards and any direction oi' of any public officer pursuant to law, and all order, rules and regulations of the New York Board of Fire Underwriters or the hisurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect tot he demised premises, and with respect to the portion of the sidewalk adjacent to the premises, if the premises are on the street level, whether or not arising out of Tenant's use or manner of use thereof, or with respect to the building if arising out of Tenant's use or manner of use of the premises or the building (including the use permitted under the lease). Except as prm ided in Article 29 hereof, nothing herein shall require Tenant to make structural repairs or alterations unless Tenant has by its manner of use of the demised premises or method of operation therein, violated any such laws ordinances, orders, rules, regulations or requirements with respect thereto. Tenant shall not do or permit any act or thing to be done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner. Tenant shall pay all costs, expenses, fines, penalties or damages, which may be imposed upon Owner by reason of Tenant's failure to comply with the provisions of this article. If the fire insurance rate shall, at the beginning of the lease or any time thereafter, be higher than it otherwise would be, then Tenant shall reimburse Owner, as additional rent hereunder, for that portion of all fire insurance premiums thereafter paid by Owner which shall have been charged because of such failure by Tenant, to with the terms of this article. In any action or proceeding wherein Owner and Tenant are parties, a schedule or "make-up" oi' of rate for the building or demised premises issued by a body making tire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rate then applicable to said premises. Sub- ordination: 7. This lease is subject and subordinate to all ground or underlying leases and to all mortgages which may now or hereafter affect such leases or the real property of which demised premises are a part and to all renewals, modifications, consolidations, replacements and extensions of any such underlying leases and mortgages. This clause shall be self-operative and no further instrument of subordination shall be required by any ground or underlying lease or by any mortgagee, affecting any lease or the real property of which the demised premises are a part. in confirmation of such subordination, Tenant shall execute promptly any certificate that Owner may request, Owner shall within sixty (60) ol' days of the mutual execution and delivery of this Lease obtain a Subordination Non-Disturbance and Attomment Agreement from the lender holding the existing mortgage on the building of which the Demised Premises form a part. Tenant's Liability Property - Loss, Damage, Indemnity: 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by or due to the negligence of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building or caused by operations in construction of any private, public or quasi public work. Tenant agrees, at Tenant's sole cost and expense, to maintain general public liability insurance in standard form in favor of Owner and Tenant against claims for bodily injury or death or property damage occurring in or upon the demised premises, effective from the date Tenant enters into possession and during the term of this lease. Such insurance t' shall be in an amount and with carriers acceptable to the Owner. Such policy or policies shall be delivered to the Owner. On Tenant's default in obtaining or delivering any such policy or policies or failure to pay the charges therefor, Owner may secure or pay the charges for any such policy or policies and charge the Tenant as additional rent therefor. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable aiiorneys fees, paid, sutTered or FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 incurred as a result of any breach by Tenant, Tenant's agents, contractors, employees, invitces, or licensees, of any covenant on condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant's agents, uTenant tn Owner must he served by registered FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 or certified mail addressed to Owner at the address first hereinabove given or at such other address as Owner shall designate by written notice. Water Charges: 28. If Tenant requires. uses or consumes water for any purpose in addition to ordinary lavatory purposes (of which fact Tenant constitutes Owner to be the sole judge) Owner may install a water meter and thereby measures Tenant s water consumption for all purposes. Tenant shall pay Owner for thc cost of the meter and the cost of the installation thereof and throughout the duration of Tenant's occupancy Tenant shall keep said water meter and installation equipment in good working order and repair at Tenant's own cost and expense. Tenant agrees to pay for water consumed, as shown on said meter as and when bills are rendered. Tenant covenants and agrees to pay the sewer rent, charge or any other tax, rent, levy or charge which now or hereafter is assessed, imposed or a lien upon the demised premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with the use, consumption, maintenance or supply of water, water system or sewage or sewage connection or system, The hin rendered by Owncr shall be payable by Tenant as additional rent. lf the building or the demised premises or any part thereof be supplied with water through a meter through which water is also supplied to other premises Tenant shall pay to Owner as additional nf' rent, on the first day of each month, Tenant's Pro-Rata Share as set forth in the Rider of the total meter charges, as Tenants' portion. Independently of and in addition to any of the remedies reserved to Owner hereinafter or clsewhere in this lease. Sprin klers: 29. Anything elsewhere in this lease to the contrary notwithstanding, if the New York Board of Fire ot' Underwriters or the Insurance Services Office or any bureau, department or official of the federal, state or city government require or recommend the installation of a sprinkler system or that any changes, modifications. alterations, or Tenant' additional sprinkler heads or other equipment be made or supplied in an existing sprinkler system by reason of Tenant's business, or the location of partitions, trade fixtures, or other contents of the demised premises, or for any other reason, of if any such sprinkler system installations, changes, modifications. alterations, additional sprinkler heads or other such equipment, become necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate set by any said Exchange or by any fire insurance company. Tenant shall, at Tenant's expense, promptly m ake s uch sprinkler system installations, c modifications, a1terations, and supply additional sprinkler heads or other equipment as required whether the work involved shall be structural or non-structural in nature. Tenant shall pay to owner as additional rent Tenant's Pro-Rata Share as set forth in the Rider , on the first day of each month during the term of this lease, as Tenant's portion of the contract price for sprinkler supervisory service. Heat Cleaning: 30. Tenant shall at Tenant's expense, keep demised premises clean and in order, to the reasonable satisfaction to Owner, and if demised premises are situated on the street floor, Tenant shall, at Tenant's own expense, keep the sidewalks adjacent to the Demised Premises and curbs free from snow, ice, dirt and rubbish. Tenant shall pay to Owner the cost of removal of any of Tenant's refuse and rubbish from the building. Dills for the same shall be rendered by Owner to Tenant at such times as owner may elect and shall be due and payable when rendered, and the amount of such bills shall be deemed to be, and be paid as, additional rent. Tenant shall, however, have the option of independently for the removal of such rubbish and refuse in the event that Tenant does not wish to have same done by employees of Owner. Under such circumstances, however, the removal of such refuse and rubbish by others shall be subject to such rules and regulations as, in the judgment of Owner, are necessary for the proper operation of the building. ut' 3L Tenant has deposited with Owner the sum of $0 as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this lease; it is agreed that in the event Tenant defaults in respect of any of the terms, provisions and conditions of this lease, including, but not limited to, the payment of rent and additional rent. Owner may use, apply or retain the whole or any part of the security so deposited to the extent required for the payment of any rent and additional rent or any other sum as to which Tenant is in default or for any sum which Owner may expend or may be required to expend by reason of Tenant's default in respect of any of the terms, covenants and conditions of this lease, including but not limited to, any damages or deficiency in the re-letting of the premises, whether such damages or deficiency accrued before or after summary proceedings or the re-entry by Owner. Jn the event that Tenant shall fully and faithfully comply with all of the terms, provisions. covenants and conditions of this lease, the security shall be returned to Tenant after the date fixed as the end of the Lease and after delivery of entire possession of the demised premises to Owner. In the event of a sale of the land and building or leasing of the building, of which the demised premises for a part, Owner shall have the right to transfer the security to the vendee or lessee and Owner shall thereupon be released by Tenant from all liability for the return of such securhy, and Tenant agrees to look to the new Owner solely for the return of said security; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Owner. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security ad that neither Owner nor its successors or assigns shall be bound by any such assigrunent, eneumbrance, attempted assignments or attempted encumbrance. Captions. 32. The captions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this lease nor the intent of any provision thereof. "Owner" Definitions. 33. The term as used in this lease means only the Owner. or the mortgagee in possession, for the time being of the land and building (or the Owner of a lease of the building or of the land and building) of which the demised premises for a part, so that in the event of any sale or sales of said building, or of the land and building, the said coven. Owner shall be and hereby is entirely freed and relieved of all covenants and obligations of Owner hereunder, and it shall be deemed and construed without further agreement between the parties or their successors in interest, or between the parties and the purchases. at any such sale, or the said lessee of the huilding, or of the land and building, that the purchaser or the lessee of the building has assumed and agreed to carry out any and all covenants and obligations of Owner "re-enter" "re-entry" hereunder. The words and as used in this lease are not restricted to their technical legal meaning. days" The term'business as used in tliis lease shall exclude Saturdays (except such pnrtinn thereof as is covered by FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 specific hours in Article 30 hereof), Sundays and all days designated as holidays by the applicable building service union employees service contract or by the applicable Operating Engineers contract with respect lo HVAC service. Adjacent Excavation- Sh aring: 34. If an excavation shall he made upon land adjacent to the demised premises, or shall be authorized to be made, Tenant shall afford t o the person causing or authorized to c ause such excavation, license to enter upon the demised premises for the purpose of' of doing such work as said person shall deem necessary to preserve the wall or the building of which demised premises for a part from injury or damage and to support the same by proper foundations oi' without any claim for damages or indemnity against Owner, or diminution or abatement of rent. Rules and Regulations: 35. Tenant and Tenant's servants, employees, agents, visitors, and licensces shall observe faithfully, and comply strictly with the Rules and Regulations and such other and further reasonable Rules and Regulations as Owner or Owner's agents may from time to time adopt, Notice of any additional rules or regulations shall be given in such manner as Owner may elect. In case Tenant disputes the reasonableness of any additional Rule or Regulation hereafter made or adopted by Owner or Owner's agents, the parties hereto agree to submit the question of the reasonableness of such Rule or Regulation for decision to the New York office of the American Arbitration Association, whose determination shall be final and conclusive upon the parties hereto. The right to dispute the reasonableness of any additional Rule or Regulation upon Tenant's part shall be deemed waived unless the same shall be asserted by service of a notice, in writing upon Owner within ten (10) days after the giving of notice thereof. Nothing in this lease contained shall be construed to impose upon Owner any duty or obligation to enforce the Rules and Regulations or terms, covenants or conditions in any other lease, as against any other tenant and Owner shall not be liable to Tenant for violation of the same by any other tenant, its servants, employees, agents, visitors or licensees. Glass: 36. Tenant shall replace, at the expense of Tenant, any and all plate and other glass damaged or broken from any cause whatsoever in and about the demised premises. Tenant shall insure, and keep insured, at Tenant's expense all plate and other glass in the demised premises for and in the name of Owner. Bills for the premiums therefor shall be rendered by Owner to Tenant at such times as Owner may elect, and shall be due from, and payable by. Tenant when rendered, and the amount thereof shall be deemed to be, and be paid as. additional rent. Pornographic Uses Prohibited: 37. Tenant agrees that the value of the demised premises and the reputation of the Owner will be injured if the premises are used for any obscene or pornographic purposes or any sort of conunercial sex establishment. Tenant agrees that Tenant will not bring or permit any obscene or pornographic material on the premises, ol' and shall not permit or conduct any obscene, nude, or semi-nude live performances on the premises, nor permit use of the premises for nude modeling, rap sessions, or as a so-called rubber goods shops, or as a sex club of any sort, or as a "massage parlor". Tenant agrees further that Tenant will not permit any of these uses by any sublessee or assignee of the premises. This Article shall directly bind any successors in interest to the Tenant. Tenant agrees that if at any time Tenant violates any of the provisions of this Article, such violation shall be deemed a breach of a substantial obligation of the terms of this lease and objectionable conduct. Pornographic material is defined for purposes of this Article as any written or pictorial matter with prurient appeal or any objects of instrument that are primarily concerned with lewd or prurient sexual act vity. Obscene material is defined here as it is in Penal Law §235.00. Estoppel Certificate: days' 38, T enant, a t any t ime, and from time to time, upon a t Ieast 10 dayi prior notice b y O wner, shall execute, acknowledge and deliver to owner, and/or to any other person, firm or corporation specified by Owner, a certifying that this lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the dates which the rent and additional rent have been paid, and stating whether or not there exists any defaults by Owner under this lease, and, if so, specifying each such default Successors And Assigns: 39. The covenants, conditions and agreements contained in this lease shall bind and inure to the benefit of Owner and Tenant and their respective heirs, distributees, executors, administrators, successors, and except as otherwise provided in this lease, their assigns. SEE RIDER ANNEXED HERETO AND MADE A PART HEREOF CONTAINING PAGES 1 THROUGH 24, CONSISTING OF ARTICLES 40 TIIROUGH g7 AND EXHIBIT A FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 Whereof,' In Witness O'hereof, Owner and Tenant have respectively signed and sealed this lease as of the day and year first above written. CORP. SEAL Witness for Owner: SEROTA ROOSEVELT LLC ' " /nkvd» gyk+4g<><»",: ' %fRi! g; l I~ a j, ' ' I"~Q iL gi 'lg flTW/A L N OTF , Member Witness for Tenant: jL.S.] WESTERN B EF ET LN y/ ...... .................................................... BY.:.................................. .................... CORP. Name: SEAL Title: FILED: NEW YORK COUNTY CLERK 05/11/2018 03:33 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/11/2018 ACKNOWLEDGMENTS CorporateOwner CorporateTenant StateofNew York, }ss.: Stateof NewYork,}ss.: Countyof } Countyof } Onthis day of , 2001,beforeme Onthis dayof , 2001,beforeme personallycame , personallycame tobe known,who beingby me duly sworn,did depose to beknown,who beingby meduly swam.did depose andsaythatheresidesin ; andsaythatheresidesin ; thatheis the of thatheis the of thecorporationdescribedin undwhichexecutedthe thecorporationdescribedin andwhichexecutedfor the foregoinginstrument,asOWNER;thathe knowstbc foregoinginstrument,asTENANT; thatheknowsthe sealof saidcorporation;thatthesealaffixedto said sealof saidcorporation;thatthesearaffixedto said instrumentis suchcorporateseal;that is wassoaffixed instrumentis suchcorporateseal;thatit wassoaffixed by orderof theBoardof Directorsof saidcorporation, by orderof theBoardof Directorsof saidcorporation, andthathesignedhis nametheretoby like order. And thathesignedhisnametheretoby like order. .................................................................. ...................................................................... indmdual Oymer individualTem1m Stateof New York, }ss : StateofNew York,}ss.: Countyof } Countyof } oI' On this day of , 2001,beforeme Onthis dayof , 2001,beforeme came , personallycame , to beknownandknownto meto betheindividual to beknownandknownto meto betheindividual describedin andwho, as OWNER,executedthe describedin andwho, asTENANT, executedthe foregoinginstrumentandacknowledgedto methat foregoinginstnunentandacknowledgedto methat heexecutedthesame. heexecutedthemme. ....................................... .........................- ............................................ ........................, RULES AND REGULATIONS ATTACHED TO AND MADE A PART OF TES LEASE TN ACCORDANCE WTTH ARTLCLE 35. l. The sidewalks, entrances.driveways,passages, courts.devators, shalllaylinoleum, cr othersimilarfloorcovering, sothat:besameshall vestibnks,stairwayscorridors.or hallsshoUnot be crbstructed or camem directcontactwiththefloorofI' thedernised premises, and,if encumbered by any Tenantor usedfor any purposeotherthanfor linoicumorothersimilarDoororothersimilarfloorcoveringisdesired ingressto andegressfmmthedemised premises andfor deliveryof tobeusedaninterliningof builder'sdeadening fehshallbefrst affixed mercl-nndise andequipment in a pmmptandet11::ient mannerusirg inthe 11907, by a pasteorothermaterial,schib|ein warer,theumof elevatorsandpassageways or in thepublichallof thebuilding.eitherby cement orothersimilaradhesive materialbeingexpressly prohibited. uny tenantor by jobt>ers,or othemin the deliveryor receiptof 7. Reight,themture, business equipment, membundise andtudkyu>uik:' matterof merchandise, andanyhandtrucksexceptthoseeceipped byrubberdres anydescription shallbedeliveredto andremovedfromthepremises andsafeguards. only on the freightelevators a nd throughthewrviceentrances :md nt'the L K thepremises aresituatedonthegmundfloorof buildingfenant corridorsandonlyduringhamsandin a manner approved by Owncr. thereofshallfurther,atTenant's expense,keepthesidewalks andcurbin Ownerreserves theright to inspectall freightto bebroughtintothe imntofsuidpremises cleanandfleefromice,snow,em, buildingandto exdudefrornthebuildingall freightwhichviolatesany 3. Thewaterandwashclosetsandplumbingfixturesshallnotbeusedfor of theseRuicsandRegulations or theleaseof whichtheseRulesand any purposes other thanthosefor which they weredesignedor Regulations areapart. constructed. 8 Ownerreserves therighttoexcludefromthebuildingbetween thehours 4. Tenantshallnot use,keencr permitto beusedor keptany foul or of 6 P.M.and8 A.M. sadat an hoursun Sundays, andheiidaysall nexious gasormbstance inthedemmed premises, orpermitorsullir th persons whodo notpresema passto thebuildingsingedby Owner. demisedp:vmisesto be occupiedor usedin a mannerotTensive or Ownerwill fumishpassesto personsfor whomany Tenan:requests objectionable to Owneror otheroccupants of thebuildingby reason of samein writing. EachTenantshallben-sponsible for all persons for noise,odots,and/orvibrations orinterferein anywnywithotherTenants whomherecucsts suchpassandshallbeliabletoOwnerfor allactsof orthosehavingbusiness thercin. suchperson. 5, No sign,advertisement, noticeor otherlettingshall be exhibited, 9. Ownershullhavet½ rightto prohibitmy advertising cu!<' by anyTer.ant inscribed.painted oraffiredbyanyTenantonanypartof theoutside of which,in Owner'sopinion,tendsto impairtheceputation of Owneron thedemised ii' p remisCsozthCbuildingor ont hei nsi(toof thedemised nt' itsdegrubility asabuildingIbrstoresorotTices, anduponwrittennotice premises if thesameis visihtefromtheoutsideof thepremises without fromOwner, Tenant shallrefrainfromordiscontinue suchadvertising. thepriorwrittenconsent of Owner.exceptthatthenameof Tenantmay 10. Tenantshallnot bring or permilto be broughtor keptin or on the appearon theentrancedoorof thepremises.In theeventof the demised premises, any inflammable, combustible or explosivefluid, violationof the foregoingby anyTenant,Ownermayremovesame nuterial,chemical or substance,orcauzorpermitcnvodorsof cooking withoutanyliability, and eny chargetheexpense incurredby such orotherprocess, or anyunusual orotherobjectionable odorstope-meate toTenamorTenants violatingthisTule.Signsoninteriordoors moremanate fromthedemised prennses. anddirectory tabletshallbeinscribed, painted oraffixedtoreachTenant 11 Tenantshalinotplacea loadon any floor of thedemised premises byOmtcrattheexpense ofsuchTenantandshallbcofasize.colorand exceeding thefloortoadpersquarefootalcawhichK wasdesigned to styleacceptab1c