Preview
FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024
EXHIBIT B
FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024
11:31 . a3 "
" 000004
FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024
Rider* which may be used with Standard NYBTU Form
8041, rev. 11/78
SCHEDULE A
(Description of Premises)
of with the buildings and improvements
All that certain plot, piece or parcel land, thereon
and in the Incorporated Village of Rockville
erected, situate, lying being
Nassau and State of New York, bounded and
County of
Centre,
described as follows:
point on the side of
BEGINNING at a southerly
Sunrise Highway (Observer Street) distant 82.75 feet
easterly from the corner formed the
by intersection of the
southerly side of Sunrise and
Highway the side
easterly of
N. Centre Avenue (Centre Avenue) ; running thence
easterly
along the
southerly side of Sunris e
Highway, 73.25 feet to
a Right of Way; running thence South 2 degrees 50 minutes
West along the
westerly side of said Right of Way 63.58
feet; thence
running North 87 degrees 10 minutes West 73.38
feet; running thence North 2 degrees 57 minutes East, 63.58
feet to the
southerly side of Sunrise
Highway, the point or
place of
BEGINNING.
*Thisformisdistributed,asaconvenience,by
First American Title Insurance Company of New York
HOME OFFICE
1050 FranklinAvenue
Garden City, New York 11530
(516)742-7500 NEW YORKOFFICE
SUFFOLK OFFICE
(212)895-3430 170Broadway
210 Court Street
New York,New York 10038
Riverhead, New York I1901
(212)237-7800
(516) 421-3020
BROOKLYN OFFICE
(516) 727-5700
188 Montague Street
Brooklyn, New York 11201
(212) 237-7800
FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024
STANDARD FORM OF SfORE LEASE
8æ
The Real Estate Board of New York, Inc.
ckgreentent of Krase, made as of this
day of JANUARY in the year 2006 , between
ROCKVILLE CORP. , A NEW YORK CORPORATION, 125 MINEOLA AVENUE SUITE 302 ROSLYN
NEW HEIGHTS,
YORK
party of the first part, hereinafter referred to as OWNER, and
BARGAIN LIQUOR CORP, A NEW YORK CORPORATION, 170/172 SUNRISE HIGHWAY, ROCKVILLE CENTRE,
NEW YORK 11570
party of the second part, hereinafter referred to as TENANT,
Sitnesseth: Owner hereby leases to Tenant and Tenant hires
hereby from Owner
THE ENTIRE BUILDING AND PROPERTY KNOWN AS 170/172 SUNRISE HIGHWAY, ROCKVILLE CENTRE,
mg-imewe-as
in-the-Berough-of-
rQtreGNew-¥er¾ for the term of FI FTEEN YEARS
(15)
(or until such term shall sooner cease and expire as hereinafter
provided) to commence on the
1ST day of JANUARY in the year 2006 , and to end on the
31ST day of DECEMBER in the year 2021 , and
both dates inclusive, at an annual rental rate of $180,000.00
($15,000.00) PER MONTH TO BE INCREASED
JANUARY 1, 2007 AND EACH JANUARY THEREAFTER BY AN AMOUNTEQUAL TO 3% OF THE RENT
IN EFFECT FOR THE IMMEDIATELY PRECEDING DECEMBER
which Tenant agrees to pay in lawful money of the United States
which shall be legal tender in payment of all debts and
dues, public and private, at the time of payment, in equal monthly installments in advance on the first day 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 shall pay the first on the execution hereof (unless this lease
monthly installment(s)
be a renewal),
In the event that, at the commencement of the term of this lease, or thereafter, Tenant shall be in default in the
payment of rent to Owner pursuant to the terms of another lease with Owner or with
Owner's predecessor in interest, Owner
may at Owner's option and without notice to Tenant add the amount of such arrears to
any monthly installment of rent payable
hereunder and the same shall bepayable to Owner as additional rent.
The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal repre"sentatives,
successors and assigns, hereby covenant as follows:
Rent: 1. Tenant shall pay the rent as above and as hereinafter provided.
Occupancy: 2. Tenant shall use and occupy the demised premises for A LIQUOR STORE
and for no other purpose. 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 and condition, at Tenant's own cost and expense,and shall causethe same
demised premises of any nature without Owner's to be covered by the insuranceprovided for hereafter in Article 8. Tenant
prior written consent. Subject to the pnor written consentof Owner, and shall, throughout the term of this lease, take good care of the demised
to the provisfons of this article, Tenant, at Tenant's expense, may make premises and the fixtures and appurtenancestherein, and the sidewalks
alteranons, mstallations, additions or improvements which are non- adjacent thereto, and at its sole cost and expense, make ell-non-soueteral-
structural and which do not affect utility servicesor plumbing and electrical repairs theretoas and when neededto preservethem in good working order
lines, in or to the interior of the demised premises by using contractors or and condition, reasonablewear and tear, obsolescenceand damage from
mechanics first approved in each mstanceby Owner. Tenant shall, before the elements, fire or other casualty, excepted. If the demised premises be
making any alterations, additions. installations or improvements, at its or become infested with vermin, Tenant shall at Tenant's expense, cause
expense, obtain all permits, approvals and certificates required by any the sameto be exterminatedfrom time to time to the satisfactionof Owner.
governmental or quasi-governmental bodies and (upon completion) Except as specifically provided in Artide 9 or cIsewherein this lease, there
certificates of final approval thereof, and shall deliver promptly duplicates shall be no allowance to the Tenant for the diminution of rental value and
of all such permits, approvals and certificates to Owner, and Tenant agrees no liability on the part of Owner by reason of inconvenience, annoyance
to carry, and will cause Tenant's contractors and sub-contractorsto carn, or injury to business arising from Owner, Tenant or others, making or
such worker's compensation, general liability, personal and property failing to make any repairs, alterations, additions or improvements m or
damage insurance as Owner may require. If any mechanic's lien is filed to any portion of the building, including the erection or operation of any
against the denused premises, or the building of which the same forms a crane, derrick or sidewalk shed, or in or to the demised premises or the
part, for work claimed to have been done for, or materials furmshed to, fixtures, appurtenancesor equipment thereof. It is specifically agreed that
Tenant, whether or not done pursuant to this article, the same shall be Tenant shall be not entitled to any set off or reduction of rent by reason of
discharged by Tenant within 30 days thereafter, at Tenant's expense, by any failure of Owner to comply with the covenantsof this or any other article
payment or filing a bond as permitted by law. All fixtures and all paneling, of this lease. Tenantagreesthat Tenant's sole remedy at law in such instance
partitions, railings and like mstallations, installed in the demised premises will be by way of an action for damages for breach of contract. The
at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon provisions of this Article 4 with respectto the making of repairs shall not
installation, become the property of Owner and shall remain upon and be apply in the caseof fire or other Casualty, which are dealt with in Article
surrendered with the demised premises unless Owner, by notice to Tenant 9 hereof.
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 Win dow 5. Tenant will not clean nor require, permit, suffer
by Tenant, in which event, the same shall be removed from the demised Cleaning: or allow any window in the demised premises to be
premises by Tenant prior to the expiration of the lease, at Tenant's expense. cleanedfrom the outside in violation of Section 202
in this article shall be construed to give Owner title to, or to prevent of the New York State Labor latw or any other applicable law or of the
Nothing Rules of the Board of Standardsand Appeals, or of any other Board or
Tenant s removal of, trade fixtures, moveable office furniture and
equipment, but upon removal of same from the demised premises or u n body having or asserting jurisdiction.
removal of other installations as may be required by Owner, Tenant I
immediately and at its expense, repair and restore the demised premises to R uirements 6. Prior to the commencement of the lease term,
the condition existing prior to any such installations, and repair any damage of w, Fire :f Tenant as then m possession, and at all times
to the demised premisesor the building due to such removal. Alf property Insurance: thereafter, Tenant, at Tenant's sole cost and ex-
permitted or required to be removed by Tenant at the end of the term pense, shall promptly comply with all present and
remaining in the demised premisesafter Tenant's removal shall be deemed future laws, orders and regulations of all state, federal, municipal and
abandonedand may, at the election of Owner, either be retainedas Owner's local governments, departments, commissions and boards and any
propert or may De removed from the demised premises by Owner at direction of any public officer pursuant to law, and all orders, rules and
Tenant s expense. regulations of the New York Board of Fire Underwriters or the
TENANT Insurance Services Of fice, or any similar body which shall impose any
Repairs: 4, Owner shall maintain and repair the public violation, order or duty upon Owner or Tenant with respect to the demised
rtioni-of the building, both exterior and interior, premises, and with respect to the portion of the sidewalk adjacent to the
emeps-shas-it-9wner- T-enant-teereeeen-the-eutside-ef-the-beikimg demised premises, if the de,misedpremises are on the street level, whether
or not arismg out of Tenant s use or manner of use thereof, or with respect
TemntrTenarrrsfstff-frm1frtsft'sttCfrBMlNf5 fBulmtfðhTTn-g-õiid--ttstor
a-sign-or-signs-or-a-hoist,-fifrursidewafk-eferatoldbrtinmttitairt
to the buildmg, if arising out of Tenant's use or manner of use of the
anar,-shaft-c:ttisrthe-'3artfrttrbrOptTRRfTTT555-17Fd-WFr anlillii demised premises or the building (including the use permitted under the
romancr- shallmake all repairs thereto necessary to keep same in good order lease). Except-ar-provitled-irr-tcrtiete"29-ttereof-ttoottitg¶titttinttat1
FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024
GUARANTY
The undersigned Guarantor guarantees to Owner, Owner's successors
and assigns, the full performance and observance of all the agreements ................................................................................
to be performed and observed by Tenant in the attached lease,
Regulations" Business Address
including the "Rules and as therein provided, without
requiring any notice to Guarantor of nonpa ment, or non rfor-
mance, or proof, or notice of demand, to old the unde signed ··········" · "
responsible under this ranty. all of which the undersi ned hereby Firm Name
expressly waives, an expressly a rees that the 1 ity of this
agreement and the agreements of the carantor under is agreement.
shall not be ended, or changed by reason of the claims to Owner against
Tenant of any of the ri his or remedies given to Owner as agreed in STATE OF NEW YORK ) as.:
the attached lease. The uarantor further agrees that this
guaranty shall
remain and continue in full force and effect as to any renewal, chan e COUNTY OF )
or extension of the lease. As a further inducement to Owner to e
the lease, Owner and Guarantor a that in any action or proceeding
brought by either Owner or the antor against the other on any
On the day of in the year before
byg anty, diat Owner and the
n rs g s a do ai e me, the undersigned, a Notary Pubic in and for said State, personally
appeared
Dated: ............................................. in the year ........... personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the
..............................................................................·. within instrument and acknowledged to me that he/she/they executed the
Guarantor
same in his/her/their capacity(ies), and that by his/her/their signature(s)
....................................................................... on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instnament
................................................................................ .......................................................
Guarantor's Residence Notary
- PLEASE
IMPORTANT READ "SE
RULES AND REGULATIONS ATTACHED TO AND 7. Freight, fumiture, business equipment, merchandise and bulky
MADE A PART OF THIS LEASE matter of any descri tion shall be dehvered to and removed from the
IN ACCORDANCE WITH ARTICLE 35. demised premises o on the frei ht elevators and through the service
entrances and corri rs, and on y durin hours and m a manner
1. The sidewalks, entrances, drivew s, passa , courts, elevators, approved Owner. Owner reserves the t to inspect all frei t to
vestibules, stairways, corridors or halls all not obstructed or encum- be brought nto the building and to exclude m the building all rei t
bered b any Tenant or used for any purpose other than for in to and which violates an of these Rules and Regulations or the lease of w
egress m the demised remises and for delivery of dise and these Rules and egulations are a part.
equipment m a rompt efficient manner using elevators and passa e-
ways designat for such delivery Owner. There shall not be in 8. Owner reservesthe right to exclude from the buildin betweenthe hours
an space, or in the public hall of e building, either by any tenant or by of 6 P.M. and8A.M. andatall hours on Sundays, and holi ys all personswho
jo bers, or others m the delivery or receipt of merchandise, any hand donotpresentapassto the building signedby Owner. Owner will furmsh passes
trucks except those equipped with rubber tires and safeguards. to persons for whom Tenant requests same m writmg. Tenant shall be
responsible for all persons for whom it requests such pass, and shall be
2. If the demised premises are situated on the ground floor of the liable to Owner for all acts of such person.
b.uildin , Tenant thereof shall further, at Tenant's expense, keep the
sidew and curb in front of said premises clean and free from ice, snow, 9. Owner shall have the right to prohibit any advertisin by Tenant
etc. which, in Owner's opinion, tends to impair the reputation of or the
building's desirability as a buil for stores or offices, and upon written
3. The water and wash closets and lumbing fixtures shall not be used notice from Owner, Tenant sh 1 refrain from or discontinue such
for any purposes other than those or which they were designed or advertising.
constructed.
10. Tenantshall not brin or permit to bebrought or kept inor on the demised
4. . Tenant shall not use, keep or permit to be used or kept, any foul or premises, any inflammab e, combustible, or explosive, or hazardous fluid,
noxtous gas or substance in the denused premises, or permit or suffer the material, chemicalor substance,orcauseor pernut any odors ofcooking or other
demised remises to be occupied or used in a manner offensive or processes, or any unusual or other objecuonable odors, to permeate in or
objects le to Owner or other occupants of the buildin by reason of emanate from the demised premises.
noise, odors and/or vibrations, or interfere in any way wi other tenants
or those having business therein. 11. Tenant shall not place a load on any floor of the demised premises
exceedingthefloor loadper squarefoot areawhich it was to carry and
5. No sign, advertisement, notice or other lettering shall be exhibited, which is allowed law. Owner reservesthe right to p the weight and
mscribed, painted or affixed by Tenant on any of the outside of the position of all , business machines and mechamcal . Such
demised premises or the building, or on the insi of the demised premises mstallations shall be placed and maintained by Tenant at enant's expense
if the same is visible from the outside of the demised premises, without the in a setting sufficient in Owner's judgement to absorb and prevent
prior written consent of Owner, except that the name of Tenant may r vibration, noise and annoyance.
on the entrance door of the demised premises. In the event of the vio ation
of the fore g Tenant, Owner may remove same without any liability 12. Refuse and Trash - Tenant covenants and agrees, at its sole cost and
and may expense incurred b such removal to· Tenant. Signs expense,to comply with all present and future laws, orders and regulations of
on interior doors and directory tablet 1be inscribed, ted or affixed all state,federal, municipal and local governments, departments, commissions
for Tenant by Owner at the expense of Tenant, and shall of a size, color andboards arding the collection, sorting, aration and recycling of waste
and style acceptable to Owner. products, gar e, refuseandtrash. Tenant pay allcosts, expenses, fines,
nalties or damagesthat may be imposed on Owner or Tenant by reason of
6. Tenant shall not mark, paint, drill into, or in an wa deface any part enant's failure to comply with the provisions of this Buil Rule 12,
of the demised premises or the buildin of which y orm a part. No and, at Tenant's sole cost and expense, shall indemnify, defe and hold
boring, cutting or strin g of wires s 1 be permitted, ex with the Owner harmless (including reasonable legal fees and expenses) from and
prior written consent r, and as Owner may direct. t shall a nst any actions, claims and suits arismg from such non-compliance,
not lay linoleum, or other similar floor covering, so that the same shall lizing counsel reasonably satisfactory to Owner.
, come m direct contact with the floor of the demised premise_s,and, if
linoleum or other similar floor covering is desired to be used, an mterlmmg
of builder's deadening felt shall be first affixed to the floor, a paste,or
other material, soluble in water, the use of cement or other si ar adhestve
material being expressly prohibited. n ce
FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024
has tially ready for Tenant's . (c) Nothing containedhereinaboveshan
b relieve Tmant fmm liabih may exist as a result of damagefrom fire
d a , , ;ul- .1-.. -t- , , nl..., l , .ula or other casualty. Notwithstanding the foregoing, including Owner's
. Tenant shall not do or permit any act obligation to restoreunder subparagraph(b) above, eachparty shall look first
or thing to be done in or to the demised premises which is contrary to law, to any insurancein its favor before making any claamagamstthe other party
or which win invalidate or be in conflict with public liability, fire or other for recovery for loss or damageresulting from fire or other canm , and to
policies of insurance at any time carried by or for the benefit of Owner. the extent that such imurance is in force and collectible, and so extent
Tenant shall pay all costs, expenses, fines, penalties or damages, which permittedby law, Owner andTenanteachhereby releasesand waivesall ri
may be imposed upon Owner by reasonof Tenant's failure to comply with of recovery with respectto graphs (b), (d) and (c) above, against
the provisions of this article. If the fire insurancerate shall, at the beginning other, or any one claimi or under each of them by of
of the lease, or at any time thereañer, be higher than it otherwise would subrogationor otherwise. releaseand waiver herein referred to be
be, then Tenant shall reimburse Owner, as additional rent hereunder, for deemedto include any loss or damageto the demisedpremisesand/or to any
that portion of all fire insurance premiums thereaker paid by Owner which personal property, c ipment, trade fixtures, goods and merchandise
shall have been charged becauseof such failure by Tenant, to comply with located therein. 'the
releasors' ng releaseand waiver shall be in force only if
the terms of this article. In any action or proceeding wherein Owner and
"make-up" both insurance nescontaina clauseproviding thatsucha release
Tenant are 'es, a schedule or of rate for the building or or waiver shall not inval e the insurance. Tenant acknowledgesthatOwner
the demi premises issued by a body making fire insurance rates will not carry insuranceon Tenant's furniture and/or furrushings or any
applicable to said demised premises shall be conclusive evidence of the fixtures or equipment, improvements, or appurtenances removable by
facts therein statedand of the several items and chargesin the fire insurance Tenant, and agreesthat Owner will not be obufated to repair any damage
rate then applicable to said demised premises. theretoor replacethe same.(f) Tenant hereby warvesthe provisionsof Section
227 of the RealPro rty Law and agreesthat theprovisionsof this article shall
Sub- 7. This leaseis subject and subordinate to all ground govem and con in lieu thereof.
ordination: or underly ing leasesand to all mortgages which may
now or hereaker affect suchleasesor thereal property Eminent 10. If the whole or any part of the demised premises
of which the demised premises are a part, and to all renewals, modiff- Domain: shall be acquired or condemned by Eminent Do-
cations, consolidations, replacements and extensions of any such mainfor any public or quasipublicuseorpurpose, then
underlying leasesand mortgages. This clause shall be self-operative and and in that event, the term of this leaseshalf ceaseand terminate from the
no further instrument of subordination shall be required by any ground date of title vesting in such proceeding, and Tenant shall have no claim
or underlying lessor or by any mortgagee, affectmg any leaseor the real for the value of any unexpired term of said lease. Tenant shall have the
property of which the demised premises are a part. In confirmation of right to make an independent claim to the condemning authority for the
such subordination, Tenant shall from time to time execute promptly value of Tenant's moving ex nses and personal property, trade
any certificate that Owner may request. fixtures and equipment, provi Tenant is entitled pursuant to the
terms of the leaseto remove such prope , trade fixtures and equipment
Teume's 8. Owner or its agents shall not be liable for any at the end of the term, and provided r such claim does not reduce
IJability damage to property of Tenant or of others entrusted Owner's award.
Insurance to employees of the building, nor for loss of, or
Property Loss, damage to, any property of Tenant by then or other Assignment, 11. Tenant, for itself, its heirs, distributees, execu-
Damage, wise, nor for any mjury or damage to persons or Mortgage, tors, adminis trators, legal representatives,
Indemnity: property resulting from any cause of whatsoever Etc.: successorsand assigns expressly covenants that it
nature, unless caused by or due to the negligence shall not assign, mortgage or encumber this agree-
of Owner, its agents, servants or employees. Owner or its agents will ment, nor underlet, or suffer or rmit the demised premises or any part
not be liable for any such damage caused by other tenants or persons thereof to be used by others, the prior written consent of Owner
in, upon or about said building, or caused by operations in construction in eachinstance. Transfer of the majority of the stock of a tenant
of any private, public or quasi public work. Tenant agrees, at Tenant's or the majority partnership interestof a partnership tenant I be deemed
sole cost and expense, to maintain general public liability insurance in an assignment. If this leasebe assi or if the demisedpremises or any
standard form in favor of Owner and Tenant against claims for bodily part thereof be underlet or occupi by anybody other than Tenant, Owner
injury or death or property damage occurring m or upon the demised may, after default by Tenant, collect rent from the assignee, under-tenant
premises, effective from the date Tenant enters into possession of the or occupant, and apply the net amountcollected to the rent herein reserved,
demised permises and during the term of this lease. Such insurance shall but no such assignment, underl , occupancy or collection shall be
be in an amount and with carriers acceptable to the Owner. Such policy deemeda waiver of the covenant, or acceptanceof the assignee, under-
or policies shall be delivered to the Owner. On Tenant's default in tenant or occupant as tenant, or a release of Tenant from the further
obtaining or delivering any such policy or policies or failure to pay the performance by Tenant of covenants on the part of Tenant herein
charges therefor, Owner may secure or pay the charges for any such contained. The consent by Owner to an assignmentor underletting shall
pohey or heres and charge the Tenant as additional rent therefor. not in any wise be construedto relieve Tenant from obtaining the express
Tenant sh I indemnify and save harmless Owner against and from all consent in writing of Owner to any further assignmentor underlettmg.
liabilities, obligations, damages, penalties, claims, costs and expenses
for which Owner shall not be reimbursed by insurance, including Electric 12. Ratesand conditions in respect to submetering
reasonable attorneys' fees, paid, suffered or incurred as a result of any Ozrent: or rent inclusion, as the casemay be, to be added in
breach by Tenant, Tenant's agent, contractors, employees, invitees, or RIDER attached hereto. Tenant covenants and
incensees,of any covenant on condition of this lease, or the carelessness, agreesthat at all times its useof electric current shall
neghgence or :mproper conduct of the Tenant, Tenant's agents, not exceea the capacity of existing feeders to the building or the risers or
contractors, employees, invitees or licensees. Tenant's liability under wiring installation, and Tenant may not use any electrical ment
this lease extends to the acts and omissions of any subtenant, and any which, in Owner's opinion, reasonably exercised, will overl such
agent, contractor, employee, invitee or licensee of any subtenant. In installations or interfere with the use thereof by other tenants of the
case any action or proceeding is brought against Owner by reasonof any building. The changeat any time of the character of electric service shall
such claim, Tenant, upon written notice from Owner, will, at Tenant's in no wise make Owner hable or responsible to Tenant, for any loss,
expense, resist or defend such action or proceeding by counsel approved damages or expenses which Tenant may sustain.
by Owner in writing, such approval not to be unreasonably withheld.
Access to 13. Owner or Owner's agents shall have the right
Destruction, 9. (a) If the demised premises or any part thereof Premises: (but shall not be obligated) to enter the demised
Mat, shall be damaged by fire or other casualty, Tenant premises in any emergency at any time, and, at
and Other shall give imnrdie notice thereof to Owner and other reasonabletimes, to examine ine same and to make such repairs,
Casualty: this leaseshall continue in full fore and effect exapt replacements and improvements as Owner may deem necessary and
as hereinaR
Preview
FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024 EXHIBIT B FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024 11:31 . a3 " " 000004 FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024 Rider* which may be used with Standard NYBTU Form 8041, rev. 11/78 SCHEDULE A (Description of Premises) of with the buildings and improvements All that certain plot, piece or parcel land, thereon and in the Incorporated Village of Rockville erected, situate, lying being Nassau and State of New York, bounded and County of Centre, described as follows: point on the side of BEGINNING at a southerly Sunrise Highway (Observer Street) distant 82.75 feet easterly from the corner formed the by intersection of the southerly side of Sunrise and Highway the side easterly of N. Centre Avenue (Centre Avenue) ; running thence easterly along the southerly side of Sunris e Highway, 73.25 feet to a Right of Way; running thence South 2 degrees 50 minutes West along the westerly side of said Right of Way 63.58 feet; thence running North 87 degrees 10 minutes West 73.38 feet; running thence North 2 degrees 57 minutes East, 63.58 feet to the southerly side of Sunrise Highway, the point or place of BEGINNING. *Thisformisdistributed,asaconvenience,by First American Title Insurance Company of New York HOME OFFICE 1050 FranklinAvenue Garden City, New York 11530 (516)742-7500 NEW YORKOFFICE SUFFOLK OFFICE (212)895-3430 170Broadway 210 Court Street New York,New York 10038 Riverhead, New York I1901 (212)237-7800 (516) 421-3020 BROOKLYN OFFICE (516) 727-5700 188 Montague Street Brooklyn, New York 11201 (212) 237-7800 FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024 STANDARD FORM OF SfORE LEASE 8æ The Real Estate Board of New York, Inc. ckgreentent of Krase, made as of this day of JANUARY in the year 2006 , between ROCKVILLE CORP. , A NEW YORK CORPORATION, 125 MINEOLA AVENUE SUITE 302 ROSLYN NEW HEIGHTS, YORK party of the first part, hereinafter referred to as OWNER, and BARGAIN LIQUOR CORP, A NEW YORK CORPORATION, 170/172 SUNRISE HIGHWAY, ROCKVILLE CENTRE, NEW YORK 11570 party of the second part, hereinafter referred to as TENANT, Sitnesseth: Owner hereby leases to Tenant and Tenant hires hereby from Owner THE ENTIRE BUILDING AND PROPERTY KNOWN AS 170/172 SUNRISE HIGHWAY, ROCKVILLE CENTRE, mg-imewe-as in-the-Berough-of- rQtreGNew-¥er¾ for the term of FI FTEEN YEARS (15) (or until such term shall sooner cease and expire as hereinafter provided) to commence on the 1ST day of JANUARY in the year 2006 , and to end on the 31ST day of DECEMBER in the year 2021 , and both dates inclusive, at an annual rental rate of $180,000.00 ($15,000.00) PER MONTH TO BE INCREASED JANUARY 1, 2007 AND EACH JANUARY THEREAFTER BY AN AMOUNTEQUAL TO 3% OF THE RENT IN EFFECT FOR THE IMMEDIATELY PRECEDING DECEMBER which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments in advance on the first day 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 shall pay the first on the execution hereof (unless this lease monthly installment(s) be a renewal), In the event that, at the commencement of the term of this lease, or thereafter, Tenant shall be in default in the payment of rent to Owner pursuant to the terms of another lease with Owner or with Owner's predecessor in interest, Owner may at Owner's option and without notice to Tenant add the amount of such arrears to any monthly installment of rent payable hereunder and the same shall bepayable to Owner as additional rent. The parties hereto, for themselves, their heirs, distributees, executors, administrators, legal repre"sentatives, successors and assigns, hereby covenant as follows: Rent: 1. Tenant shall pay the rent as above and as hereinafter provided. Occupancy: 2. Tenant shall use and occupy the demised premises for A LIQUOR STORE and for no other purpose. 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 and condition, at Tenant's own cost and expense,and shall causethe same demised premises of any nature without Owner's to be covered by the insuranceprovided for hereafter in Article 8. Tenant prior written consent. Subject to the pnor written consentof Owner, and shall, throughout the term of this lease, take good care of the demised to the provisfons of this article, Tenant, at Tenant's expense, may make premises and the fixtures and appurtenancestherein, and the sidewalks alteranons, mstallations, additions or improvements which are non- adjacent thereto, and at its sole cost and expense, make ell-non-soueteral- structural and which do not affect utility servicesor plumbing and electrical repairs theretoas and when neededto preservethem in good working order lines, in or to the interior of the demised premises by using contractors or and condition, reasonablewear and tear, obsolescenceand damage from mechanics first approved in each mstanceby Owner. Tenant shall, before the elements, fire or other casualty, excepted. If the demised premises be making any alterations, additions. installations or improvements, at its or become infested with vermin, Tenant shall at Tenant's expense, cause expense, obtain all permits, approvals and certificates required by any the sameto be exterminatedfrom time to time to the satisfactionof Owner. governmental or quasi-governmental bodies and (upon completion) Except as specifically provided in Artide 9 or cIsewherein this lease, there certificates of final approval thereof, and shall deliver promptly duplicates shall be no allowance to the Tenant for the diminution of rental value and of all such permits, approvals and certificates to Owner, and Tenant agrees no liability on the part of Owner by reason of inconvenience, annoyance to carry, and will cause Tenant's contractors and sub-contractorsto carn, or injury to business arising from Owner, Tenant or others, making or such worker's compensation, general liability, personal and property failing to make any repairs, alterations, additions or improvements m or damage insurance as Owner may require. If any mechanic's lien is filed to any portion of the building, including the erection or operation of any against the denused premises, or the building of which the same forms a crane, derrick or sidewalk shed, or in or to the demised premises or the part, for work claimed to have been done for, or materials furmshed to, fixtures, appurtenancesor equipment thereof. It is specifically agreed that Tenant, whether or not done pursuant to this article, the same shall be Tenant shall be not entitled to any set off or reduction of rent by reason of discharged by Tenant within 30 days thereafter, at Tenant's expense, by any failure of Owner to comply with the covenantsof this or any other article payment or filing a bond as permitted by law. All fixtures and all paneling, of this lease. Tenantagreesthat Tenant's sole remedy at law in such instance partitions, railings and like mstallations, installed in the demised premises will be by way of an action for damages for breach of contract. The at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon provisions of this Article 4 with respectto the making of repairs shall not installation, become the property of Owner and shall remain upon and be apply in the caseof fire or other Casualty, which are dealt with in Article surrendered with the demised premises unless Owner, by notice to Tenant 9 hereof. 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 Win dow 5. Tenant will not clean nor require, permit, suffer by Tenant, in which event, the same shall be removed from the demised Cleaning: or allow any window in the demised premises to be premises by Tenant prior to the expiration of the lease, at Tenant's expense. cleanedfrom the outside in violation of Section 202 in this article shall be construed to give Owner title to, or to prevent of the New York State Labor latw or any other applicable law or of the Nothing Rules of the Board of Standardsand Appeals, or of any other Board or Tenant s removal of, trade fixtures, moveable office furniture and equipment, but upon removal of same from the demised premises or u n body having or asserting jurisdiction. removal of other installations as may be required by Owner, Tenant I immediately and at its expense, repair and restore the demised premises to R uirements 6. Prior to the commencement of the lease term, the condition existing prior to any such installations, and repair any damage of w, Fire :f Tenant as then m possession, and at all times to the demised premisesor the building due to such removal. Alf property Insurance: thereafter, Tenant, at Tenant's sole cost and ex- permitted or required to be removed by Tenant at the end of the term pense, shall promptly comply with all present and remaining in the demised premisesafter Tenant's removal shall be deemed future laws, orders and regulations of all state, federal, municipal and abandonedand may, at the election of Owner, either be retainedas Owner's local governments, departments, commissions and boards and any propert or may De removed from the demised premises by Owner at direction of any public officer pursuant to law, and all orders, rules and Tenant s expense. regulations of the New York Board of Fire Underwriters or the TENANT Insurance Services Of fice, or any similar body which shall impose any Repairs: 4, Owner shall maintain and repair the public violation, order or duty upon Owner or Tenant with respect to the demised rtioni-of the building, both exterior and interior, premises, and with respect to the portion of the sidewalk adjacent to the emeps-shas-it-9wner- T-enant-teereeeen-the-eutside-ef-the-beikimg demised premises, if the de,misedpremises are on the street level, whether or not arismg out of Tenant s use or manner of use thereof, or with respect TemntrTenarrrsfstff-frm1frtsft'sttCfrBMlNf5 fBulmtfðhTTn-g-õiid--ttstor a-sign-or-signs-or-a-hoist,-fifrursidewafk-eferatoldbrtinmttitairt to the buildmg, if arising out of Tenant's use or manner of use of the anar,-shaft-c:ttisrthe-'3artfrttrbrOptTRRfTTT555-17Fd-WFr anlillii demised premises or the building (including the use permitted under the romancr- shallmake all repairs thereto necessary to keep same in good order lease). Except-ar-provitled-irr-tcrtiete"29-ttereof-ttoottitg¶titttinttat1 FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024 GUARANTY The undersigned Guarantor guarantees to Owner, Owner's successors and assigns, the full performance and observance of all the agreements ................................................................................ to be performed and observed by Tenant in the attached lease, Regulations" Business Address including the "Rules and as therein provided, without requiring any notice to Guarantor of nonpa ment, or non rfor- mance, or proof, or notice of demand, to old the unde signed ··········" · " responsible under this ranty. all of which the undersi ned hereby Firm Name expressly waives, an expressly a rees that the 1 ity of this agreement and the agreements of the carantor under is agreement. shall not be ended, or changed by reason of the claims to Owner against Tenant of any of the ri his or remedies given to Owner as agreed in STATE OF NEW YORK ) as.: the attached lease. The uarantor further agrees that this guaranty shall remain and continue in full force and effect as to any renewal, chan e COUNTY OF ) or extension of the lease. As a further inducement to Owner to e the lease, Owner and Guarantor a that in any action or proceeding brought by either Owner or the antor against the other on any On the day of in the year before byg anty, diat Owner and the n rs g s a do ai e me, the undersigned, a Notary Pubic in and for said State, personally appeared Dated: ............................................. in the year ........... personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the ..............................................................................·. within instrument and acknowledged to me that he/she/they executed the Guarantor same in his/her/their capacity(ies), and that by his/her/their signature(s) ....................................................................... on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instnament ................................................................................ ....................................................... Guarantor's Residence Notary - PLEASE IMPORTANT READ "SE RULES AND REGULATIONS ATTACHED TO AND 7. Freight, fumiture, business equipment, merchandise and bulky MADE A PART OF THIS LEASE matter of any descri tion shall be dehvered to and removed from the IN ACCORDANCE WITH ARTICLE 35. demised premises o on the frei ht elevators and through the service entrances and corri rs, and on y durin hours and m a manner 1. The sidewalks, entrances, drivew s, passa , courts, elevators, approved Owner. Owner reserves the t to inspect all frei t to vestibules, stairways, corridors or halls all not obstructed or encum- be brought nto the building and to exclude m the building all rei t bered b any Tenant or used for any purpose other than for in to and which violates an of these Rules and Regulations or the lease of w egress m the demised remises and for delivery of dise and these Rules and egulations are a part. equipment m a rompt efficient manner using elevators and passa e- ways designat for such delivery Owner. There shall not be in 8. Owner reservesthe right to exclude from the buildin betweenthe hours an space, or in the public hall of e building, either by any tenant or by of 6 P.M. and8A.M. andatall hours on Sundays, and holi ys all personswho jo bers, or others m the delivery or receipt of merchandise, any hand donotpresentapassto the building signedby Owner. Owner will furmsh passes trucks except those equipped with rubber tires and safeguards. to persons for whom Tenant requests same m writmg. Tenant shall be responsible for all persons for whom it requests such pass, and shall be 2. If the demised premises are situated on the ground floor of the liable to Owner for all acts of such person. b.uildin , Tenant thereof shall further, at Tenant's expense, keep the sidew and curb in front of said premises clean and free from ice, snow, 9. Owner shall have the right to prohibit any advertisin by Tenant etc. which, in Owner's opinion, tends to impair the reputation of or the building's desirability as a buil for stores or offices, and upon written 3. The water and wash closets and lumbing fixtures shall not be used notice from Owner, Tenant sh 1 refrain from or discontinue such for any purposes other than those or which they were designed or advertising. constructed. 10. Tenantshall not brin or permit to bebrought or kept inor on the demised 4. . Tenant shall not use, keep or permit to be used or kept, any foul or premises, any inflammab e, combustible, or explosive, or hazardous fluid, noxtous gas or substance in the denused premises, or permit or suffer the material, chemicalor substance,orcauseor pernut any odors ofcooking or other demised remises to be occupied or used in a manner offensive or processes, or any unusual or other objecuonable odors, to permeate in or objects le to Owner or other occupants of the buildin by reason of emanate from the demised premises. noise, odors and/or vibrations, or interfere in any way wi other tenants or those having business therein. 11. Tenant shall not place a load on any floor of the demised premises exceedingthefloor loadper squarefoot areawhich it was to carry and 5. No sign, advertisement, notice or other lettering shall be exhibited, which is allowed law. Owner reservesthe right to p the weight and mscribed, painted or affixed by Tenant on any of the outside of the position of all , business machines and mechamcal . Such demised premises or the building, or on the insi of the demised premises mstallations shall be placed and maintained by Tenant at enant's expense if the same is visible from the outside of the demised premises, without the in a setting sufficient in Owner's judgement to absorb and prevent prior written consent of Owner, except that the name of Tenant may r vibration, noise and annoyance. on the entrance door of the demised premises. In the event of the vio ation of the fore g Tenant, Owner may remove same without any liability 12. Refuse and Trash - Tenant covenants and agrees, at its sole cost and and may expense incurred b such removal to· Tenant. Signs expense,to comply with all present and future laws, orders and regulations of on interior doors and directory tablet 1be inscribed, ted or affixed all state,federal, municipal and local governments, departments, commissions for Tenant by Owner at the expense of Tenant, and shall of a size, color andboards arding the collection, sorting, aration and recycling of waste and style acceptable to Owner. products, gar e, refuseandtrash. Tenant pay allcosts, expenses, fines, nalties or damagesthat may be imposed on Owner or Tenant by reason of 6. Tenant shall not mark, paint, drill into, or in an wa deface any part enant's failure to comply with the provisions of this Buil Rule 12, of the demised premises or the buildin of which y orm a part. No and, at Tenant's sole cost and expense, shall indemnify, defe and hold boring, cutting or strin g of wires s 1 be permitted, ex with the Owner harmless (including reasonable legal fees and expenses) from and prior written consent r, and as Owner may direct. t shall a nst any actions, claims and suits arismg from such non-compliance, not lay linoleum, or other similar floor covering, so that the same shall lizing counsel reasonably satisfactory to Owner. , come m direct contact with the floor of the demised premise_s,and, if linoleum or other similar floor covering is desired to be used, an mterlmmg of builder's deadening felt shall be first affixed to the floor, a paste,or other material, soluble in water, the use of cement or other si ar adhestve material being expressly prohibited. n ce FILED: NASSAU COUNTY CLERK 01/19/2024 11:22 AM INDEX NO. 607197/2022 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/19/2024 has tially ready for Tenant's . (c) Nothing containedhereinaboveshan b relieve Tmant fmm liabih may exist as a result of damagefrom fire d a , , ;ul- .1-.. -t- , , nl..., l , .ula or other casualty. Notwithstanding the foregoing, including Owner's . Tenant shall not do or permit any act obligation to restoreunder subparagraph(b) above, eachparty shall look first or thing to be done in or to the demised premises which is contrary to law, to any insurancein its favor before making any claamagamstthe other party or which win invalidate or be in conflict with public liability, fire or other for recovery for loss or damageresulting from fire or other canm , and to policies of insurance at any time carried by or for the benefit of Owner. the extent that such imurance is in force and collectible, and so extent Tenant shall pay all costs, expenses, fines, penalties or damages, which permittedby law, Owner andTenanteachhereby releasesand waivesall ri may be imposed upon Owner by reasonof Tenant's failure to comply with of recovery with respectto graphs (b), (d) and (c) above, against the provisions of this article. If the fire insurancerate shall, at the beginning other, or any one claimi or under each of them by of of the lease, or at any time thereañer, be higher than it otherwise would subrogationor otherwise. releaseand waiver herein referred to be be, then Tenant shall reimburse Owner, as additional rent hereunder, for deemedto include any loss or damageto the demisedpremisesand/or to any that portion of all fire insurance premiums thereaker paid by Owner which personal property, c ipment, trade fixtures, goods and merchandise shall have been charged becauseof such failure by Tenant, to comply with located therein. 'the releasors' ng releaseand waiver shall be in force only if the terms of this article. In any action or proceeding wherein Owner and "make-up" both insurance nescontaina clauseproviding thatsucha release Tenant are 'es, a schedule or of rate for the building or or waiver shall not inval e the insurance. Tenant acknowledgesthatOwner the demi premises issued by a body making fire insurance rates will not carry insuranceon Tenant's furniture and/or furrushings or any applicable to said demised premises shall be conclusive evidence of the fixtures or equipment, improvements, or appurtenances removable by facts therein statedand of the several items and chargesin the fire insurance Tenant, and agreesthat Owner will not be obufated to repair any damage rate then applicable to said demised premises. theretoor replacethe same.(f) Tenant hereby warvesthe provisionsof Section 227 of the RealPro rty Law and agreesthat theprovisionsof this article shall Sub- 7. This leaseis subject and subordinate to all ground govem and con in lieu thereof. ordination: or underly ing leasesand to all mortgages which may now or hereaker affect suchleasesor thereal property Eminent 10. If the whole or any part of the demised premises of which the demised premises are a part, and to all renewals, modiff- Domain: shall be acquired or condemned by Eminent Do- cations, consolidations, replacements and extensions of any such mainfor any public or quasipublicuseorpurpose, then underlying leasesand mortgages. This clause shall be self-operative and and in that event, the term of this leaseshalf ceaseand terminate from the no further instrument of subordination shall be required by any ground date of title vesting in such proceeding, and Tenant shall have no claim or underlying lessor or by any mortgagee, affectmg any leaseor the real for the value of any unexpired term of said lease. Tenant shall have the property of which the demised premises are a part. In confirmation of right to make an independent claim to the condemning authority for the such subordination, Tenant shall from time to time execute promptly value of Tenant's moving ex nses and personal property, trade any certificate that Owner may request. fixtures and equipment, provi Tenant is entitled pursuant to the terms of the leaseto remove such prope , trade fixtures and equipment Teume's 8. Owner or its agents shall not be liable for any at the end of the term, and provided r such claim does not reduce IJability damage to property of Tenant or of others entrusted Owner's award. Insurance to employees of the building, nor for loss of, or Property Loss, damage to, any property of Tenant by then or other Assignment, 11. Tenant, for itself, its heirs, distributees, execu- Damage, wise, nor for any mjury or damage to persons or Mortgage, tors, adminis trators, legal representatives, Indemnity: property resulting from any cause of whatsoever Etc.: successorsand assigns expressly covenants that it nature, unless caused by or due to the negligence shall not assign, mortgage or encumber this agree- of Owner, its agents, servants or employees. Owner or its agents will ment, nor underlet, or suffer or rmit the demised premises or any part not be liable for any such damage caused by other tenants or persons thereof to be used by others, the prior written consent of Owner in, upon or about said building, or caused by operations in construction in eachinstance. Transfer of the majority of the stock of a tenant of any private, public or quasi public work. Tenant agrees, at Tenant's or the majority partnership interestof a partnership tenant I be deemed sole cost and expense, to maintain general public liability insurance in an assignment. If this leasebe assi or if the demisedpremises or any standard form in favor of Owner and Tenant against claims for bodily part thereof be underlet or occupi by anybody other than Tenant, Owner injury or death or property damage occurring m or upon the demised may, after default by Tenant, collect rent from the assignee, under-tenant premises, effective from the date Tenant enters into possession of the or occupant, and apply the net amountcollected to the rent herein reserved, demised permises and during the term of this lease. Such insurance shall but no such assignment, underl , occupancy or collection shall be be in an amount and with carriers acceptable to the Owner. Such policy deemeda waiver of the covenant, or acceptanceof the assignee, under- or policies shall be delivered to the Owner. On Tenant's default in tenant or occupant as tenant, or a release of Tenant from the further obtaining or delivering any such policy or policies or failure to pay the performance by Tenant of covenants on the part of Tenant herein charges therefor, Owner may secure or pay the charges for any such contained. The consent by Owner to an assignmentor underletting shall pohey or heres and charge the Tenant as additional rent therefor. not in any wise be construedto relieve Tenant from obtaining the express Tenant sh I indemnify and save harmless Owner against and from all consent in writing of Owner to any further assignmentor underlettmg. liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including Electric 12. Ratesand conditions in respect to submetering reasonable attorneys' fees, paid, suffered or incurred as a result of any Ozrent: or rent inclusion, as the casemay be, to be added in breach by Tenant, Tenant's agent, contractors, employees, invitees, or RIDER attached hereto. Tenant covenants and incensees,of any covenant on condition of this lease, or the carelessness, agreesthat at all times its useof electric current shall neghgence or :mproper conduct of the Tenant, Tenant's agents, not exceea the capacity of existing feeders to the building or the risers or contractors, employees, invitees or licensees. Tenant's liability under wiring installation, and Tenant may not use any electrical ment this lease extends to the acts and omissions of any subtenant, and any which, in Owner's opinion, reasonably exercised, will overl such agent, contractor, employee, invitee or licensee of any subtenant. In installations or interfere with the use thereof by other tenants of the case any action or proceeding is brought against Owner by reasonof any building. The changeat any time of the character of electric service shall such claim, Tenant, upon written notice from Owner, will, at Tenant's in no wise make Owner hable or responsible to Tenant, for any loss, expense, resist or defend such action or proceeding by counsel approved damages or expenses which Tenant may sustain. by Owner in writing, such approval not to be unreasonably withheld. Access to 13. Owner or Owner's agents shall have the right Destruction, 9. (a) If the demised premises or any part thereof Premises: (but shall not be obligated) to enter the demised Mat, shall be damaged by fire or other casualty, Tenant premises in any emergency at any time, and, at and Other shall give imnrdie notice thereof to Owner and other reasonabletimes, to examine ine same and to make such repairs, Casualty: this leaseshall continue in full fore and effect exapt replacements and improvements as Owner may deem necessary and as hereinaR