Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER FOR COURT USE ONLY
NAME Wil liam W. Hatcher SBN 154 6 64
FIRMNAME LAW OFFICES OF WILLIAM W. HATCHER
sTREETADDREss 114 Pierce Street
cnY Santa ROSa STATE CA ZIP CODE 954 04
TELEPHONE NO (707) 542-1921 FAXNO (707) 545-0220
EMAILADDREss williamCmhatcherlaw.net
ATTQRNEY FQR lnsmei Plaint i f f Syers
Properties I, L.P .
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOlvtA
sTREETADDREss 3055 Cleveland Avenue
MAILING ADDRESS
cITYANDzIPcoDE Santa Rosa, CA 95403
BRANCH NAME CIVIL
PLAINTIFF Syers Properties I, L. P.
DEFENDANT. Subway Real Estate, LLC
DOES 1 To 10
CONTRACT
~ COMPLAINT ~ AMENDED COMPLAINT (Number)f
~ CROSS-COMPLAINT ~ AMENDED CROSS-COMPLAINT (Number)J
Jurisdiction (check ail that apply):
~ ACTION IS A LIMITED CIVIL CASE (doea
Amount demanded ~
not exceed $ 35,000)
does not exceed $ 10,000
CASE NUMBER
~ ~
exceeds $ 10,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $ 35,000)
~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
~ from limited to unlimited
1.
~ from unlimited to limited
Plaintiff* (name ornames): Syers Properties I, L. P.
alleges causes of action against defendant* (name or names): Subway Real Estate, LLC
2. This pleading, including attachments and exhibits, consists of the following number of pages. 86
3. a. Each plaintiff named above is a competent adult
Q3 except plaintiff (name): Syers Properties I,
L. P.
(1)
(2)
~
~
a corporation qualified to do business in Cabfornia.
an unincorporated entity (dascnbe):
(3)~ California limited partnership
other (specify): a
b. ~~
(1)
Plaintiff(name)f
has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
~~
(2) has complied with all licensing requirements as a licensed (specify):
c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4 a Each defendant named above is a natural person
~ except defendant (name).
Subway Real Estate,
~LLC
except defendant (name):
~
(1)
~ a corporation
~
a business organization, form unknown.
~ (1) a business organization, form unknown.
a corporation.
~
(2)
(3) ~
an unincorporated entity (describe)f
(2)
(3) an unincorporated entity (descnba):
~
(4) a pubkc entity (describe). ~ (4) a public entity (descnbe):
~Delaware limited liability
(5)
a
other (specify)f ~ company
(5) other (spamfy):
If this form is used as a cross-complsnt, pla ntiff means cross completnant and defendant means cross-defendant Page 1 of 2
Form Approved for Opt anal Use Code of C v Procedure, 0 425 12
COMPLAINT— Contract
I
J deist CounmlofCalfornia IRCEB Essential www courts ca gov
PLD-0-001 IRe January I 2024i
cebcomII3porms
PLD-C-001
SHORT TITLE CASE NUMBER
Syers Properties I, L.P. v. Subway
L
4. b. The true names of defendants sued as Does are unknown to plaintiff.
(1) [Q Doe defendants (specify Doe numbers): 1-5 were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) ~ Doe defendants (specify Doe numbers): 6-10
plaintiff.
are persons whose capacities are unknown to
c
d.
~
~
Information about additional defendants who are not natural persons is contained in Attachment 4c.
Defendants who are joined under Code of Civil Procedure section 382 are(names)
5. ~ ~ Plaintiff is required to complywith a claims statute,and
a. has complied with applicable claims statutes, or
~ b is excused from complying because(specify)
6. ~ This action is subject to ~ Civil Code section 1812.10 ~ Civil Code section 2984.4.
7. This court is the proper court because
a.
b
~
a defendant entered into the contract here.
~
a defendant lived here when the contract was entered into.
c.
d.
~
a defendant lives here now.
~
the contract was to be performed here.
e ~
a defendant is a corporation or unincorporated association and its principal place of business is here.
~
real property that is the subject of this action is located here.
~
f.
g. other (specify):
8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
)2ujj Breach of Contract
~
~
Common Counts
Other (specify).
9. ~ Other allegations:
10. Plaintiff prays for judgment for costs of suit for such relief as is fair, iust, and equitable; and for
a.
b.
~
damages of. $
~
interest on the damages
147, 060. 60
(1)
(2)
~
according to proof
~
at the rate of (specify). percent per year from (dale).
c. I23 attorney's fees
(1) of: $ Cl
d.
(2)
H
other(specify): Such
~
according to proof.
and other further relief as the
Court deems just and
proper
11. CI The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date: April 2, 2024
Wf 11 1 am W Ttntr )Ter
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
(lf you wish to verify this pleading, affix a venficafion.)
PLO-0-001 (Re January 2024] Page 2 of
I
I 2
COINPLAINT— Contract
CEB'( Essential
cab.corn Lg FormsI
MC-025
SHORT TITLE: CASE NUMBER
l Syers Properties I, L.P. v. Subway
ATTACHMENT (Number): A
(This Attachment may be used with any Judicial Council form.)
CO-COUNSEL FOR PLAINTIFF:
Robert S. Aaron, SBN 138903
Aaron & Wilson, LLP
1999 Harrison Street, Suite 1800
Oakland, CA 94612
Telephone: (415) 745-0071
Facsimile: (415) 438-7804
Email: bobiaw-law.corn
(lf the item that this Attachment concerns is made under penalty of per)ufy, all statements in this Page 3 of
Attachment are made under penalty of perjury.) (Add pages as required)
Fcrme'TTACHMENT
Form Approved for Opltonal Uve
Jud o ar Counot of Cal fom a
MC-025 IRev Julr 1, 2009I
Qf:13; Essential
to Judicial Council Form
wwtv ooudmfo ca gov
&aiueom,f = I
PLD-C-001(t)
SHORT TITLE CASE NUMBER
Syers Properties I, L.P. v. Subway
FTRS'P
(number(
CAUSE OF ACTION-Breach of Contract
ATTACHMENT TO ~ Complaint ~ Cross-Complaint
(Use a separate cause of action form for each cause of action )
BC-1. Plaintiff(name): Syers Properties I, L.P.
alleges that on or about (date):
a IMMI wntten ~ oral ~
other(specify): June
agreement was made between (name parties to agreement):
2011
plaintiff Syers properties 1, L.P. and
~
~
A copy of the agreement is attached as Exhibit A, or
~
defendant Subway Real Estate, LLC
The essential terms of the agreement are stated in Attachment BC-1 ~ are as follows (specify):
BC-2. On or about (dates): June 2 02 1
defendant breached the agreement by
(specify) 2
~ the acts specified in Attachment BC-2 (HAMI the following acts
Failing and refusing, and continuing to fail and refuse, to pay back
rent and CAN charges through the expiration of the lease term, causing
damage to the leased premises beyond reasonable wear and tear, failure
to remove its alterations after vacating the leased premises, and
causing plaintiff to incur attorneys fees and costs to evict defendant
from the leased premises.
BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from pertorming.
BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
~ as stated in Attachment BC-4
$ 147,060.60,
~
as follows (specify):
together with prejudgment interest thereon according to
proof.
BC-5. ~~ Plaintiff is entitled to attorney fees by an agreement or a statute
of$
~~
according to proof.
BC-6. Other:
Page 4
Page 1 of 1
Form Apprc ed for Opuo al Uve Code of Cw Proced re, 2 42512
OF ACTION-Breach of Contract
I
'FerillS'AUSE
J drdal Councd of Cadfornra www counrnro ca gcv
PLO-C-001(1i(Rev Janua V I 2007(
/LE'ssential
mg corn
PLD-C-001(2)
SHORT TITLE: CASE NUMBER:
Syers Properties I, L.P. v. Subway
sar n((rn CAUSE OF ACTION-Common Counts
(n macr)
ATTACHMENT TO [Q Complaint ~ Cross-Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff(name). Syers Properties I, L. P.
alleges that defendant (name): Subway Real Estate, LLC
became indebted to (Q plaintiff ~ other (name):
a. ~ within the last four years
(2'n an open book account for money due.
(1)
(2) ~ because an account was stated in writing by and between plaintiff and defendant
was agreed that defendant was indebted to plaintiff.
in which it
b. ~ ~ withinthe last
(1)
~ twoyears ~ fouryears
for money had and received by defendant for the use and benefit of plaintiff.
~ (2) for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
~
~
the sum of $ 147, 060. 60 and/cpr
the reasonable value.
(3) ~
for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
~
~
the sum of $
the reasonable value
(4)
(6)
~
for
~
for
money lent by plaintiff to defendant at defendant's request.
money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
(6) ~
other (specify):
CC-2 $ 147, 060. 60, which is the reasonable value, is due and unpaid despite plaintiffs demand,
plus preiudgment interest
from (dale):
~
according to proof ~
at the rate of percent per year
CC-3. ~~ Plaintiff is entitled to attorney fees by an agreement or a statute
of $
~ according to proof
CC-4. ~ Other:
Page
Page 1 of 1
Form Approved for Opuonal Uae
Cod f C nl Procedure 9 42512
J droal Counol of Cal fornra
PLC 0-001(2i(Rev Jan an 1 2009(
OF ACTION-Common Counts www coun nfo ca gov
„'=1FOmla'AUSE
/LEE Essential
cebcom
EXHIBIT G
COMMENCEMENT MEMORANDUM
THIS MEMORANDUM is made Ausust 18. 2011 between ~Sera Prooerties I L.P. (" Landlord"
Estate Coro.. a Delaware Corooration (" Tenant" ), wbo entered into a lease dated ) snd Subwsv Real
as of June 2011 (the "Lease" ), covering
certain premises located in the Plaza North Shopping Center, Pe'taluma, California
(the "Premises" ) as more particularly
described in the Lease.
I. The parties to this Memorandum hereby confirm the establishment of the commencement and expiration
dates ofthe initial term as'follows:
The date of October l. 2011 is the Commencement Date of the initial term referred
to in the Lease.
The date of~ge tember 30. 2021 is the expiration date ofthe initial temi.
2. Tenant hereby confirms the following:
a. Tenant has accepted possession of the Premises pursuant to the terms of the Lease.
All work required to be performed by Landlord io preparing the Premises for Tenant's
occupancy hss been
completed and accepted by Tenant.
c. The Lease has not been modified, altered or amended, except as follows
(if none, write "Nunc"): NONE
d. The Lease is in full force and effect.
This Memorandum, and each and all of the provisions hereof, shall inure to the
benefit of, or bind, as ihe case
may require, the parties hereto, snd their respective heirs, successors, and assigns, subject to tbe
restrictions on assignment,
subletting and other transfers contained in the Lease.
LANDLORD:
SYBRS PROPERTIES I, L.P., SUBWAY REAL ESTATE CORP.
a California Lunited Partnership A Delaware Corporation
By: Plaza North Shopping Center LLC (If Tenant is a corporation, this document must have twc
a California Limited Liability Company signatures: one by s President, Vice President or Chiel
Itsi en Executive Officer and one by a Secretary, Treasurer, or Chiel
Financial Officer.)
By:
aries S. Syers, Member
By;
Itsi
SHOPPING CENTER LEASE AGREEMKNT
BY AND BETWEEN
SYERS PROPERTIES I, L.P.
A CALIFORNIA LIMITED PARTNERSHIP
SUBWAY REAL ESTATE, LLC .
A DELAWARE Limited Liability Company
DATED: June, 2011
eunae
puce 5-led e
SHOPPING CENTER LEASE
TABLE OF CONTENTS
Paoe
INDEX OF MA5OR DEFINED TERMS ..
ARTICLES
I. SELECTED LEASE PROVISIONS.
2. PREMISES..
3. TERM...
4. RENT.
5. GROSS RECEIPTS, RECORDS AND AUDITS..
6. SECUIUTY DEPOSIT.
7. TAXES.. .......... 5
8. USE AND CONDUCT DF BUSINESS ......... 6
9. ...........7
COMMON AREAS..
10. PAYMENT AND ALLOCATION OF COSTS ........ I 0
11
PREMISES CONSTRUCTION, CONDITION, LOCATION..............
12. UTILITIES...
......... I
13. REPAIRS AND MAINTENANCE; SURRENDER.
......... I 4
14. IMPROVEMENTS. ALTERATIONS, FIXTURES AND SIGNS......
15. ....,.... I 7
INSURANCE: INDEMNITY; EXCULPATION; SECURITY...........
16. PROMOIION OF SHOPPING CENTER.AND ADVERTISING....... ....„...si
17. DESTRUCTION.
s5
18. EMINENT DOMAIN...
l5
19. ASSIGNMENT AND SUBLETTING ....,.... I 8
20. DEFAULT. ......,..2 8
21. NOTICES... ........ 3 I
22. ........ 3 "
SUBORDINATION: ATTORNMENT: FINANCING
2R 4
DEVELOPMENT; OPERATING AGREEMENTS
24. HAZARDOUS MATEIUALS. ........ 3 I
25. 5
MDLD
26. MISCELLANEOUS... .......36
........ 7
EXHIBIT A: Shoppin Center Site Plan
EXHIBIT B: Premises Ploor Plan
EXHIBIT C: Le al Des«ription
EXHIBIT Dr Construction
EXHIBIT E Rules and Ronttadons
EXHIBIT 9 t Si8n Criteri
EXHIBIT Gt Cemmcncement Memorandum
EXHIBIT H: American Disabilities Act (ADA)
EXHIBIT It Options to Extend
EXHIBIT 5: Restaurant Requirements
EXHIBIT Kt Use of Common Arcs as Patio
EXHIBIT L; Tenanr.'s Rider
FtttetS17 Mt CICILIStxrd'.
fntstAL
PNSC S-tens 1
BSDEX OF MAJOR DEFINED TERMS
Defined Term
Section
Additional Rent ...
.4 5
Adjusrmcnt Date,
......,. 4 . . I
Alterations, Additions and Improvements.....
....... I . I .2 4
Base Figurc ...
.......... 4. 3 . I
Claim/C I aims
,,, .15.5S
Common Areas....
Common Area Costs ..
...... 9.1.1
Commeaccment Date.
... ..... 9 3
.... ....3 . I
ComparisonFi me.
......... 4 3 . I
Gross Receiprs ..
Hazardous Materials ...
.. ...., ....5 . I
.......... 24 . 5
h d.x(CPD.
. ..... ..4 . 3 . I
Inducement Provisioas
........... 20 .6
laitialTcrm.
............. I '
Insured Loss...
......t7.1.6
Landlord Parties....
Lease Ycm (far Percents e Rent purposes)...
....... 15.5.4
Le al Requirements.
.........4.4.1
Markctin Fund ..........6.5.1
......16.1
Marketin Fund Assessment.
Minimum Rent...
......... 1 6 .I
.............4. I
Mold...
. .....,... 25 . 5
Mold Claims ...
Operetin ADcemcnls
, ......., . 2 3 .2
0/hcr Property....
Percents e Rent. ........23 ?
Person (whether or not mpitalized) ... ......... 4 .4. I
. .... 2 6 . I 5
Preraises....
Premises Buildin Pardal Datna e
...........,...., 7 . I
Premises Buildin Tout Destruction .....17.1?
Premises Pmdal Dame c. .........17.1.4
premises Total Desnucrton. . .......... I 7 . I . I
Rent/Renral ......... . I 7 . I .
Security Deposir..
........... 4 .5
................6 . I
ShoppinS Center .
.................2 'z
ShoppMS Center Total Desnucrion..
........ ... I 7 . I . 5
SIDt/SItmta c
........ ... .4 2
Taxes... 1 4
............, . 7. I . I
Tenant Fmties ..
............ I 5.5 .5
Tettll.
........ ....... .6
Tmdc Fixtures .
............... I .
Trettsfer 4
Um (of Hazardous Materiats). ............... I 9. I
.... ... .?4 . I . I
PNSC 1.1946 I
SHOPPING CENTER LEASE
THIS LEASE (to erher with exhibits, addenda, riders end schedules ariached hereto
or incorporated herein by
reference, tbe "Lease" ) is made as of June 2011 by and between thc Landlord and Tenant named
follows: below, who asycc as
I. SELECTED LEASE PROVISIONS.
The following selected lease provisions arc presented herc, many in
summary farm, to facilitate convenient
rcfcrencc by rhe parties. Many of these provisions arc more fully addressed
in the referenced Articles/Secrions/Exhibits of
this Lease. Each provision in this Article I and Its referenced Articles/Sections/Exhibits
arc to be reed and inrcrprcted in
conjunction wirh one a other and in conjunction will all orher provisiens of this
Lease. Any inconsisrcnaes bttwean the
provisions of this Article I and any other provisions of this Lease shall be rcsalved
in favor of rhe other provisions of this
Lease.
LI. Landlord Syers Properties I, L.P., a Califemia Limited Partncmhip
L2. Tenant Subway Real Esrare, LLC, a Delaware Limited Liability
Company
I JL Tenant's Trade Name (Section 8.1)r Subway
I JL Initial Term (Article 3): 120 months
1.5. Commencement Date (Article ): On the earlier af rhe follewin dates: (a) September 15.
2011; or (0) thlrty (30} days alter the date Tenanr
opens the
Premises for business ro the public, whether or not
lixturizarion is complete.
L6. Prembcs (Arricic 2; Exhibits A and/or B)t col North IvtcDowell Blvd.
[.7. Initial square feota c of Prcmiscs (Section I "75
't 3)
1.0. Minimum Monthly Rent (Article 4)t Initi I Minimum Monthly Rent shall be 5" 506?5 pcr
month for the tirsr year ef the lease tenn.
1.9. Minimum Rent Adjustmcnt (Section 4 ): Annually, on thc anniversary of the Commencement Date,
and conrinuing each year rhercalter an each succecdin
annivcmary oF the Commenccmcnt Date for the duration of
the Term, Minimum Rent shall be increased an the
folio»vin schedules
bo
/0 1
e-'»
~ .7
tu Years 2 — 3 S3,50625 per month
I Years 4 $ 3 59 .91 per month
Years 5 — 10 A lixed annual increase of 2.a% of thc
to Minimum Rent in effect. immediately prior to the
Adjusnnent Date.
I.Ill. Percents e Rent (Sccrien 4A): N/A
70g0,!B
I.II.
1.12.
SecurityDeposit(Amclc6):
Tenants Inrrial Monthly Cemmon Arcs
S~ SL506,25
S905.00
Cost impound (Amcle 10)t
ug-,o,u(
L13. Initial Markering Fund Assessment N/A
(Article 16); b 107,oo
Na ht'r, I ()
/o
o
trim*L
1'NSC $ ./94/6 tc
I J4. Address for Norice (Amclc21);
To Landlord'ycrs Prop«mes I, L.P.
clo Woolmington-Smith Ventures, LLC
120 Villa e Square, 8100
Grinds, CA 94563
Te Tenant;
325 Bic Drive
lf Tenant is a corporation,
limited liability ~Milfo CT 06461
company or panncmhip, include name of
individual who may be s«rvcd with notices Atmr Le al Depr.
on Tenants behali)
1.15. Guarantor(s)(if none, so state) None
IJ6, Use(Ariicle8): Family oriented specialty sandwich restaurant to include rhe
sale of sandwiches, salads, wraps and related ««ms; ag for
on and oft prcmiscs consumption. See Rider R7
1.17. Radius Clause (Secrion 8.6):
2. PREbDSES.
2.1. Landlord hereby leases to Tenant, and Tenant hereby hires from
conditions and provisions of rhis Lease, thc premises indicated Landlord, on all of thc terms, covenanrs,
in Section 1.6 (and approximately cross-hatched on thc
Shoppin Cenrer plot plan identitied as Exhibit A, and, if applicable,
Exhibit B, anachcd hereto and made a pmt hereof and any areas outsideapproximarely shown an a floor plan idcntiged as
rmd/or Exhibit B (all of which, together with aS rigts of use and
of such premises that may be shown on Exhibit A
appurrenances therein and therero, are herein referred ro as
rhe "Premises" ).
2.2. The Premises arc located in tbc Plaza Norlh Shcppin Center in
the Cicy of Petaluma, Sonoma County,
California, comprised of the land described in Exhibit C, the improvemenu
thereon, and all easements, righrs of use. and
appurienances, aed ag of which, as now existin or hercafrer chan
ed, a«pa«need or decreased, are sot!actively hcrcin
refcrrcd to as thc "Shoppin Center".
.3. Tbc statement of«quare foora e, if«a, act forth in this Lease
R«nt is an approximation based on Landlord's method of or that may have be«n used in calculatin
mcasurcmcnt in elfecr at the rime rhis Lease is execured, which
Landlord and Tenant awe« is reasonable. Neither this Lease
nor any Rent stared hcrcin shall bc subjecr lo rescission
except as provid«d in Subsection 10.2.3, revision ef any kind if rhe acrual or,
square foeta e is eirhcr mor«or less. Such square
foots c may include mczzanin«s, basements and other areas egocared
for Tenant's me. The dury to confirm or verily square
foom ger prier to execution of this Lease shall be solely that of
Tenant and not that of Landlord.
.4. The use and occupanon of the Premises by Tenant shall include
the non-exclusiv«use in common with
others entitled thereto of the Common Area parkin lots, slrccts,
driveways, sidewalks, and orher facilities shown on Exhibit
A, or orherwisc exisdn and such ether areas as may be designated Som
lime to time by landlord, subject, however, to any
exclusive us«ri hts of Landlord and any other Shopping Center
occupants, to the terms and conditions of Ibis Lease, and to
such rules and r«prlarions as Landlord
may from time to time establish.
3.1. The "Initial Term" of this Lease, unless sooner terminated as
fonb in Section I 4 and, subjem to secrion 3 shall comme ncc on the provided herein, shall ba for the period ser
R date specified in or determined pumuant to S seri on 1.5
(the "Commencement Dare.").
3JL In the event that the Commencement Dare does not accur
on rhe Smt day of thc month, then (a) thc
Commencement Date of the Inirial Term shall bc the first day of
rhe followin month; (b) ari rel'ercnces herein to the
Commencement Date shall bc deemed Io refer to thc frat day of said
fogowin menth: (c) Tenant. shall pay proraied Rent
(including Minimum, Percents e snd Addirional Rent) for the
penial month preceding the Commrncemrnr Dare; and (6) any
occupancy of &c premises by Tenant durin the partial month shall
bc subjem to the provisiont of Sec«on 3.4. When the
Cemmenccment Date and termination dme of rhe initia! Term are
dctennined pursuant ro the fiat eltemarive of Section 1.5.
or when th«Commencement Dare is dctcrmincd pursuant to thc second
Teaant shall, within ten (10) days of Landlord's written r«quest, execute sentence of Ihe ascend alrcmarive of Section I.5,
a Commencemenr Memorandum subsranriaily in rhc
form auached hereto as Exhibit G; provided, howevm'.
that any delay in or failure to execum such a Commencement
Mrmorandum shall not atfect rhc commencement of the Lease Term
er rhc determination of thc Commencement Date,
3 3. In the event Tenant is net able to obtain all necessary permits
the Tenant does not open for business by A«mist 31, to open rhe business by A« ust I, 20I I, or if
2011, either pany shall have thc oprion of canceling tlris Lease
vmtten naticc to thc other, in which event this Lease shall be by Wvin
deemed rerminated eifecrivc as of the date such norice
delivered and, Tenant shag bc cntitl«d ro the return of any Security is
Deposit and prepaid Rene
pxsc 5-texts I
3.4. Occupancy prior to thc Coremencement Date shall in ag events be subject to ag provisions of this Lease
and shall not operate to advance rhe expimfion date of dtc Inirial Tenn.
3 5. Any holdin over after the expiration of the Term withaur objection by Landlord shall be deemed ro be a
tenancy riom month-to-month ar a Rental in thc amount of One Hundred Twcnly.Five percent (125y) of the last
monthly
instagmcnt of'Minimum Rent (which shall thcrcaftcr be subject to thc adjusnnents provided for in Section
4.«), and any crier
Addinonal Rent payable hrrcunder, and upon ag of the terms of this Lease applicable to a monthromonth
tenancy. In the
cvem of any holdin over to which Landlord objccrs, rhc Rental shall be Minimum Rent in the amount
of One Hundred Fifty
percent (150%%d) of rhe last monthly insmlhnent of Minimum Rant (which shall thereafter be suirjccr to the
adjusnncnls
provided in Sccrion 4.3), and Additional Rent. Without limitation an any other remedies for
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PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER FOR COURT USE ONLY NAME Wil liam W. Hatcher SBN 154 6 64 FIRMNAME LAW OFFICES OF WILLIAM W. HATCHER sTREETADDREss 114 Pierce Street cnY Santa ROSa STATE CA ZIP CODE 954 04 TELEPHONE NO (707) 542-1921 FAXNO (707) 545-0220 EMAILADDREss williamCmhatcherlaw.net ATTQRNEY FQR lnsmei Plaint i f f Syers Properties I, L.P . SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOlvtA sTREETADDREss 3055 Cleveland Avenue MAILING ADDRESS cITYANDzIPcoDE Santa Rosa, CA 95403 BRANCH NAME CIVIL PLAINTIFF Syers Properties I, L. P. DEFENDANT. Subway Real Estate, LLC DOES 1 To 10 CONTRACT ~ COMPLAINT ~ AMENDED COMPLAINT (Number)f ~ CROSS-COMPLAINT ~ AMENDED CROSS-COMPLAINT (Number)J Jurisdiction (check ail that apply): ~ ACTION IS A LIMITED CIVIL CASE (doea Amount demanded ~ not exceed $ 35,000) does not exceed $ 10,000 CASE NUMBER ~ ~ exceeds $ 10,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $ 35,000) ~ ACTION IS RECLASSIFIED by this amended complaint or cross-complaint ~ from limited to unlimited 1. ~ from unlimited to limited Plaintiff* (name ornames): Syers Properties I, L. P. alleges causes of action against defendant* (name or names): Subway Real Estate, LLC 2. This pleading, including attachments and exhibits, consists of the following number of pages. 86 3. a. Each plaintiff named above is a competent adult Q3 except plaintiff (name): Syers Properties I, L. P. (1) (2) ~ ~ a corporation qualified to do business in Cabfornia. an unincorporated entity (dascnbe): (3)~ California limited partnership other (specify): a b. ~~ (1) Plaintiff(name)f has complied with the fictitious business name laws and is doing business under the fictitious name (specify): ~~ (2) has complied with all licensing requirements as a licensed (specify): c. Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4 a Each defendant named above is a natural person ~ except defendant (name). Subway Real Estate, ~LLC except defendant (name): ~ (1) ~ a corporation ~ a business organization, form unknown. ~ (1) a business organization, form unknown. a corporation. ~ (2) (3) ~ an unincorporated entity (describe)f (2) (3) an unincorporated entity (descnba): ~ (4) a pubkc entity (describe). ~ (4) a public entity (descnbe): ~Delaware limited liability (5) a other (specify)f ~ company (5) other (spamfy): If this form is used as a cross-complsnt, pla ntiff means cross completnant and defendant means cross-defendant Page 1 of 2 Form Approved for Opt anal Use Code of C v Procedure, 0 425 12 COMPLAINT— Contract I J deist CounmlofCalfornia IRCEB Essential www courts ca gov PLD-0-001 IRe January I 2024i cebcomII3porms PLD-C-001 SHORT TITLE CASE NUMBER Syers Properties I, L.P. v. Subway L 4. b. The true names of defendants sued as Does are unknown to plaintiff. (1) [Q Doe defendants (specify Doe numbers): 1-5 were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) ~ Doe defendants (specify Doe numbers): 6-10 plaintiff. are persons whose capacities are unknown to c d. ~ ~ Information about additional defendants who are not natural persons is contained in Attachment 4c. Defendants who are joined under Code of Civil Procedure section 382 are(names) 5. ~ ~ Plaintiff is required to complywith a claims statute,and a. has complied with applicable claims statutes, or ~ b is excused from complying because(specify) 6. ~ This action is subject to ~ Civil Code section 1812.10 ~ Civil Code section 2984.4. 7. This court is the proper court because a. b ~ a defendant entered into the contract here. ~ a defendant lived here when the contract was entered into. c. d. ~ a defendant lives here now. ~ the contract was to be performed here. e ~ a defendant is a corporation or unincorporated association and its principal place of business is here. ~ real property that is the subject of this action is located here. ~ f. g. other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): )2ujj Breach of Contract ~ ~ Common Counts Other (specify). 9. ~ Other allegations: 10. Plaintiff prays for judgment for costs of suit for such relief as is fair, iust, and equitable; and for a. b. ~ damages of. $ ~ interest on the damages 147, 060. 60 (1) (2) ~ according to proof ~ at the rate of (specify). percent per year from (dale). c. I23 attorney's fees (1) of: $ Cl d. (2) H other(specify): Such ~ according to proof. and other further relief as the Court deems just and proper 11. CI The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: April 2, 2024 Wf 11 1 am W Ttntr )Ter (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) (lf you wish to verify this pleading, affix a venficafion.) PLO-0-001 (Re January 2024] Page 2 of I I 2 COINPLAINT— Contract CEB'( Essential cab.corn Lg FormsI MC-025 SHORT TITLE: CASE NUMBER l Syers Properties I, L.P. v. Subway ATTACHMENT (Number): A (This Attachment may be used with any Judicial Council form.) CO-COUNSEL FOR PLAINTIFF: Robert S. Aaron, SBN 138903 Aaron & Wilson, LLP 1999 Harrison Street, Suite 1800 Oakland, CA 94612 Telephone: (415) 745-0071 Facsimile: (415) 438-7804 Email: bobiaw-law.corn (lf the item that this Attachment concerns is made under penalty of per)ufy, all statements in this Page 3 of Attachment are made under penalty of perjury.) (Add pages as required) Fcrme'TTACHMENT Form Approved for Opltonal Uve Jud o ar Counot of Cal fom a MC-025 IRev Julr 1, 2009I Qf:13; Essential to Judicial Council Form wwtv ooudmfo ca gov &aiueom,f = I PLD-C-001(t) SHORT TITLE CASE NUMBER Syers Properties I, L.P. v. Subway FTRS'P (number( CAUSE OF ACTION-Breach of Contract ATTACHMENT TO ~ Complaint ~ Cross-Complaint (Use a separate cause of action form for each cause of action ) BC-1. Plaintiff(name): Syers Properties I, L.P. alleges that on or about (date): a IMMI wntten ~ oral ~ other(specify): June agreement was made between (name parties to agreement): 2011 plaintiff Syers properties 1, L.P. and ~ ~ A copy of the agreement is attached as Exhibit A, or ~ defendant Subway Real Estate, LLC The essential terms of the agreement are stated in Attachment BC-1 ~ are as follows (specify): BC-2. On or about (dates): June 2 02 1 defendant breached the agreement by (specify) 2 ~ the acts specified in Attachment BC-2 (HAMI the following acts Failing and refusing, and continuing to fail and refuse, to pay back rent and CAN charges through the expiration of the lease term, causing damage to the leased premises beyond reasonable wear and tear, failure to remove its alterations after vacating the leased premises, and causing plaintiff to incur attorneys fees and costs to evict defendant from the leased premises. BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from pertorming. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement ~ as stated in Attachment BC-4 $ 147,060.60, ~ as follows (specify): together with prejudgment interest thereon according to proof. BC-5. ~~ Plaintiff is entitled to attorney fees by an agreement or a statute of$ ~~ according to proof. BC-6. Other: Page 4 Page 1 of 1 Form Apprc ed for Opuo al Uve Code of Cw Proced re, 2 42512 OF ACTION-Breach of Contract I 'FerillS'AUSE J drdal Councd of Cadfornra www counrnro ca gcv PLO-C-001(1i(Rev Janua V I 2007( /LE'ssential mg corn PLD-C-001(2) SHORT TITLE: CASE NUMBER: Syers Properties I, L.P. v. Subway sar n((rn CAUSE OF ACTION-Common Counts (n macr) ATTACHMENT TO [Q Complaint ~ Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff(name). Syers Properties I, L. P. alleges that defendant (name): Subway Real Estate, LLC became indebted to (Q plaintiff ~ other (name): a. ~ within the last four years (2'n an open book account for money due. (1) (2) ~ because an account was stated in writing by and between plaintiff and defendant was agreed that defendant was indebted to plaintiff. in which it b. ~ ~ withinthe last (1) ~ twoyears ~ fouryears for money had and received by defendant for the use and benefit of plaintiff. ~ (2) for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. ~ ~ the sum of $ 147, 060. 60 and/cpr the reasonable value. (3) ~ for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff ~ ~ the sum of $ the reasonable value (4) (6) ~ for ~ for money lent by plaintiff to defendant at defendant's request. money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) ~ other (specify): CC-2 $ 147, 060. 60, which is the reasonable value, is due and unpaid despite plaintiffs demand, plus preiudgment interest from (dale): ~ according to proof ~ at the rate of percent per year CC-3. ~~ Plaintiff is entitled to attorney fees by an agreement or a statute of $ ~ according to proof CC-4. ~ Other: Page Page 1 of 1 Form Approved for Opuonal Uae Cod f C nl Procedure 9 42512 J droal Counol of Cal fornra PLC 0-001(2i(Rev Jan an 1 2009( OF ACTION-Common Counts www coun nfo ca gov „'=1FOmla'AUSE /LEE Essential cebcom EXHIBIT G COMMENCEMENT MEMORANDUM THIS MEMORANDUM is made Ausust 18. 2011 between ~Sera Prooerties I L.P. (" Landlord" Estate Coro.. a Delaware Corooration (" Tenant" ), wbo entered into a lease dated ) snd Subwsv Real as of June 2011 (the "Lease" ), covering certain premises located in the Plaza North Shopping Center, Pe'taluma, California (the "Premises" ) as more particularly described in the Lease. I. The parties to this Memorandum hereby confirm the establishment of the commencement and expiration dates ofthe initial term as'follows: The date of October l. 2011 is the Commencement Date of the initial term referred to in the Lease. The date of~ge tember 30. 2021 is the expiration date ofthe initial temi. 2. Tenant hereby confirms the following: a. Tenant has accepted possession of the Premises pursuant to the terms of the Lease. All work required to be performed by Landlord io preparing the Premises for Tenant's occupancy hss been completed and accepted by Tenant. c. The Lease has not been modified, altered or amended, except as follows (if none, write "Nunc"): NONE d. The Lease is in full force and effect. This Memorandum, and each and all of the provisions hereof, shall inure to the benefit of, or bind, as ihe case may require, the parties hereto, snd their respective heirs, successors, and assigns, subject to tbe restrictions on assignment, subletting and other transfers contained in the Lease. LANDLORD: SYBRS PROPERTIES I, L.P., SUBWAY REAL ESTATE CORP. a California Lunited Partnership A Delaware Corporation By: Plaza North Shopping Center LLC (If Tenant is a corporation, this document must have twc a California Limited Liability Company signatures: one by s President, Vice President or Chiel Itsi en Executive Officer and one by a Secretary, Treasurer, or Chiel Financial Officer.) By: aries S. Syers, Member By; Itsi SHOPPING CENTER LEASE AGREEMKNT BY AND BETWEEN SYERS PROPERTIES I, L.P. A CALIFORNIA LIMITED PARTNERSHIP SUBWAY REAL ESTATE, LLC . A DELAWARE Limited Liability Company DATED: June, 2011 eunae puce 5-led e SHOPPING CENTER LEASE TABLE OF CONTENTS Paoe INDEX OF MA5OR DEFINED TERMS .. ARTICLES I. SELECTED LEASE PROVISIONS. 2. PREMISES.. 3. TERM... 4. RENT. 5. GROSS RECEIPTS, RECORDS AND AUDITS.. 6. SECUIUTY DEPOSIT. 7. TAXES.. .......... 5 8. USE AND CONDUCT DF BUSINESS ......... 6 9. ...........7 COMMON AREAS.. 10. PAYMENT AND ALLOCATION OF COSTS ........ I 0 11 PREMISES CONSTRUCTION, CONDITION, LOCATION.............. 12. UTILITIES... ......... I 13. REPAIRS AND MAINTENANCE; SURRENDER. ......... I 4 14. IMPROVEMENTS. ALTERATIONS, FIXTURES AND SIGNS...... 15. ....,.... I 7 INSURANCE: INDEMNITY; EXCULPATION; SECURITY........... 16. PROMOIION OF SHOPPING CENTER.AND ADVERTISING....... ....„...si 17. DESTRUCTION. s5 18. EMINENT DOMAIN... l5 19. ASSIGNMENT AND SUBLETTING ....,.... I 8 20. DEFAULT. ......,..2 8 21. NOTICES... ........ 3 I 22. ........ 3 " SUBORDINATION: ATTORNMENT: FINANCING 2R 4 DEVELOPMENT; OPERATING AGREEMENTS 24. HAZARDOUS MATEIUALS. ........ 3 I 25. 5 MDLD 26. MISCELLANEOUS... .......36 ........ 7 EXHIBIT A: Shoppin Center Site Plan EXHIBIT B: Premises Ploor Plan EXHIBIT C: Le al Des«ription EXHIBIT Dr Construction EXHIBIT E Rules and Ronttadons EXHIBIT 9 t Si8n Criteri EXHIBIT Gt Cemmcncement Memorandum EXHIBIT H: American Disabilities Act (ADA) EXHIBIT It Options to Extend EXHIBIT 5: Restaurant Requirements EXHIBIT Kt Use of Common Arcs as Patio EXHIBIT L; Tenanr.'s Rider FtttetS17 Mt CICILIStxrd'. fntstAL PNSC S-tens 1 BSDEX OF MAJOR DEFINED TERMS Defined Term Section Additional Rent ... .4 5 Adjusrmcnt Date, ......,. 4 . . I Alterations, Additions and Improvements..... ....... I . I .2 4 Base Figurc ... .......... 4. 3 . I Claim/C I aims ,,, .15.5S Common Areas.... Common Area Costs .. ...... 9.1.1 Commeaccment Date. ... ..... 9 3 .... ....3 . I ComparisonFi me. ......... 4 3 . I Gross Receiprs .. Hazardous Materials ... .. ...., ....5 . I .......... 24 . 5 h d.x(CPD. . ..... ..4 . 3 . I Inducement Provisioas ........... 20 .6 laitialTcrm. ............. I ' Insured Loss... ......t7.1.6 Landlord Parties.... Lease Ycm (far Percents e Rent purposes)... ....... 15.5.4 Le al Requirements. .........4.4.1 Markctin Fund ..........6.5.1 ......16.1 Marketin Fund Assessment. Minimum Rent... ......... 1 6 .I .............4. I Mold... . .....,... 25 . 5 Mold Claims ... Operetin ADcemcnls , ......., . 2 3 .2 0/hcr Property.... Percents e Rent. ........23 ? Person (whether or not mpitalized) ... ......... 4 .4. I . .... 2 6 . I 5 Preraises.... Premises Buildin Pardal Datna e ...........,...., 7 . I Premises Buildin Tout Destruction .....17.1? Premises Pmdal Dame c. .........17.1.4 premises Total Desnucrton. . .......... I 7 . I . I Rent/Renral ......... . I 7 . I . Security Deposir.. ........... 4 .5 ................6 . I ShoppinS Center . .................2 'z ShoppMS Center Total Desnucrion.. ........ ... I 7 . I . 5 SIDt/SItmta c ........ ... .4 2 Taxes... 1 4 ............, . 7. I . I Tenant Fmties .. ............ I 5.5 .5 Tettll. ........ ....... .6 Tmdc Fixtures . ............... I . Trettsfer 4 Um (of Hazardous Materiats). ............... I 9. I .... ... .?4 . I . I PNSC 1.1946 I SHOPPING CENTER LEASE THIS LEASE (to erher with exhibits, addenda, riders end schedules ariached hereto or incorporated herein by reference, tbe "Lease" ) is made as of June 2011 by and between thc Landlord and Tenant named follows: below, who asycc as I. SELECTED LEASE PROVISIONS. The following selected lease provisions arc presented herc, many in summary farm, to facilitate convenient rcfcrencc by rhe parties. Many of these provisions arc more fully addressed in the referenced Articles/Secrions/Exhibits of this Lease. Each provision in this Article I and Its referenced Articles/Sections/Exhibits arc to be reed and inrcrprcted in conjunction wirh one a other and in conjunction will all orher provisiens of this Lease. Any inconsisrcnaes bttwean the provisions of this Article I and any other provisions of this Lease shall be rcsalved in favor of rhe other provisions of this Lease. LI. Landlord Syers Properties I, L.P., a Califemia Limited Partncmhip L2. Tenant Subway Real Esrare, LLC, a Delaware Limited Liability Company I JL Tenant's Trade Name (Section 8.1)r Subway I JL Initial Term (Article 3): 120 months 1.5. Commencement Date (Article ): On the earlier af rhe follewin dates: (a) September 15. 2011; or (0) thlrty (30} days alter the date Tenanr opens the Premises for business ro the public, whether or not lixturizarion is complete. L6. Prembcs (Arricic 2; Exhibits A and/or B)t col North IvtcDowell Blvd. [.7. Initial square feota c of Prcmiscs (Section I "75 't 3) 1.0. Minimum Monthly Rent (Article 4)t Initi I Minimum Monthly Rent shall be 5" 506?5 pcr month for the tirsr year ef the lease tenn. 1.9. Minimum Rent Adjustmcnt (Section 4 ): Annually, on thc anniversary of the Commencement Date, and conrinuing each year rhercalter an each succecdin annivcmary oF the Commenccmcnt Date for the duration of the Term, Minimum Rent shall be increased an the folio»vin schedules bo /0 1 e-'» ~ .7 tu Years 2 — 3 S3,50625 per month I Years 4 $ 3 59 .91 per month Years 5 — 10 A lixed annual increase of 2.a% of thc to Minimum Rent in effect. immediately prior to the Adjusnnent Date. I.Ill. Percents e Rent (Sccrien 4A): N/A 70g0,!B I.II. 1.12. SecurityDeposit(Amclc6): Tenants Inrrial Monthly Cemmon Arcs S~ SL506,25 S905.00 Cost impound (Amcle 10)t ug-,o,u( L13. Initial Markering Fund Assessment N/A (Article 16); b 107,oo Na ht'r, I () /o o trim*L 1'NSC $ ./94/6 tc I J4. Address for Norice (Amclc21); To Landlord'ycrs Prop«mes I, L.P. clo Woolmington-Smith Ventures, LLC 120 Villa e Square, 8100 Grinds, CA 94563 Te Tenant; 325 Bic Drive lf Tenant is a corporation, limited liability ~Milfo CT 06461 company or panncmhip, include name of individual who may be s«rvcd with notices Atmr Le al Depr. on Tenants behali) 1.15. Guarantor(s)(if none, so state) None IJ6, Use(Ariicle8): Family oriented specialty sandwich restaurant to include rhe sale of sandwiches, salads, wraps and related ««ms; ag for on and oft prcmiscs consumption. See Rider R7 1.17. Radius Clause (Secrion 8.6): 2. PREbDSES. 2.1. Landlord hereby leases to Tenant, and Tenant hereby hires from conditions and provisions of rhis Lease, thc premises indicated Landlord, on all of thc terms, covenanrs, in Section 1.6 (and approximately cross-hatched on thc Shoppin Cenrer plot plan identitied as Exhibit A, and, if applicable, Exhibit B, anachcd hereto and made a pmt hereof and any areas outsideapproximarely shown an a floor plan idcntiged as rmd/or Exhibit B (all of which, together with aS rigts of use and of such premises that may be shown on Exhibit A appurrenances therein and therero, are herein referred ro as rhe "Premises" ). 2.2. The Premises arc located in tbc Plaza Norlh Shcppin Center in the Cicy of Petaluma, Sonoma County, California, comprised of the land described in Exhibit C, the improvemenu thereon, and all easements, righrs of use. and appurienances, aed ag of which, as now existin or hercafrer chan ed, a«pa«need or decreased, are sot!actively hcrcin refcrrcd to as thc "Shoppin Center". .3. Tbc statement of«quare foora e, if«a, act forth in this Lease R«nt is an approximation based on Landlord's method of or that may have be«n used in calculatin mcasurcmcnt in elfecr at the rime rhis Lease is execured, which Landlord and Tenant awe« is reasonable. Neither this Lease nor any Rent stared hcrcin shall bc subjecr lo rescission except as provid«d in Subsection 10.2.3, revision ef any kind if rhe acrual or, square foeta e is eirhcr mor«or less. Such square foots c may include mczzanin«s, basements and other areas egocared for Tenant's me. The dury to confirm or verily square foom ger prier to execution of this Lease shall be solely that of Tenant and not that of Landlord. .4. The use and occupanon of the Premises by Tenant shall include the non-exclusiv«use in common with others entitled thereto of the Common Area parkin lots, slrccts, driveways, sidewalks, and orher facilities shown on Exhibit A, or orherwisc exisdn and such ether areas as may be designated Som lime to time by landlord, subject, however, to any exclusive us«ri hts of Landlord and any other Shopping Center occupants, to the terms and conditions of Ibis Lease, and to such rules and r«prlarions as Landlord may from time to time establish. 3.1. The "Initial Term" of this Lease, unless sooner terminated as fonb in Section I 4 and, subjem to secrion 3 shall comme ncc on the provided herein, shall ba for the period ser R date specified in or determined pumuant to S seri on 1.5 (the "Commencement Dare."). 3JL In the event that the Commencement Dare does not accur on rhe Smt day of thc month, then (a) thc Commencement Date of the Inirial Term shall bc the first day of rhe followin month; (b) ari rel'ercnces herein to the Commencement Date shall bc deemed Io refer to thc frat day of said fogowin menth: (c) Tenant. shall pay proraied Rent (including Minimum, Percents e snd Addirional Rent) for the penial month preceding the Commrncemrnr Dare; and (6) any occupancy of &c premises by Tenant durin the partial month shall bc subjem to the provisiont of Sec«on 3.4. When the Cemmenccment Date and termination dme of rhe initia! Term are dctennined pursuant ro the fiat eltemarive of Section 1.5. or when th«Commencement Dare is dctcrmincd pursuant to thc second Teaant shall, within ten (10) days of Landlord's written r«quest, execute sentence of Ihe ascend alrcmarive of Section I.5, a Commencemenr Memorandum subsranriaily in rhc form auached hereto as Exhibit G; provided, howevm'. that any delay in or failure to execum such a Commencement Mrmorandum shall not atfect rhc commencement of the Lease Term er rhc determination of thc Commencement Date, 3 3. In the event Tenant is net able to obtain all necessary permits the Tenant does not open for business by A«mist 31, to open rhe business by A« ust I, 20I I, or if 2011, either pany shall have thc oprion of canceling tlris Lease vmtten naticc to thc other, in which event this Lease shall be by Wvin deemed rerminated eifecrivc as of the date such norice delivered and, Tenant shag bc cntitl«d ro the return of any Security is Deposit and prepaid Rene pxsc 5-texts I 3.4. Occupancy prior to thc Coremencement Date shall in ag events be subject to ag provisions of this Lease and shall not operate to advance rhe expimfion date of dtc Inirial Tenn. 3 5. Any holdin over after the expiration of the Term withaur objection by Landlord shall be deemed ro be a tenancy riom month-to-month ar a Rental in thc amount of One Hundred Twcnly.Five percent (125y) of the last monthly instagmcnt of'Minimum Rent (which shall thcrcaftcr be subject to thc adjusnnents provided for in Section 4.«), and any crier Addinonal Rent payable hrrcunder, and upon ag of the terms of this Lease applicable to a monthromonth tenancy. In the cvem of any holdin over to which Landlord objccrs, rhc Rental shall be Minimum Rent in the amount of One Hundred Fifty percent (150%%d) of rhe last monthly insmlhnent of Minimum Rant (which shall thereafter be suirjccr to the adjusnncnls provided in Sccrion 4.3), and Additional Rent. Without limitation an any other remedies for