On April 29, 2024 a
EXHIBIT(S) - A - LEASE
was filed
involving a dispute between
Ibrahima Bah,
and
Parthenon Llc,
for Real Property - Other (YELLOWSTONE INJUNCTION)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024
EXHIBIT A
FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024
COMMERCIAL LEASE AGREEMENT
TillS LEASE (this "Lease") dated this b day of fY ,
BETWEEN:
PARTHENON LLC of 580 FIFTII AVENUE, SUITE 820, NY 10036.
Telephone: (212) 465-3181
(the "I.andlord")
OF TIlli FIRST PART
- AND -
IBRAHIMA BAll of 172-18.Iamaica Avenue, Unit 602/6B, Queens, NY 11432.
Telephone: (917) 455-3661
(the "Tenant")
OF Tilli SliCOND PART
certain premises to the Tenant. the Tenant
IN CONSIDERATION OF the I.andlord leasing
and the mutual benefits and obligations set fbrth in
those premises from the 1.andlord
leasing
of which consideration is hereby acknowledged. the
this I.case. the receipt and sufficiency
Parties to this Lease (the "Parties") agree as fbllows:
Definitions
expressions will have the meanings indicated:
1. When used in this I.case. the Ibilowing
Rent" payable the Tenant under this I.case
a. "Additional means all amounts by
whether or not designated as Additional Rent
except Base Rent. specifically
elsewhere in this I.case:
"Building" improvements. equipment. lixtures, property
b. means all buildings.
from time to time located at 172-18 .Iamaica Ave, Unit IA.
and facilities
as from time to time altered. expanded or reduced
Queens. NY I 1432. USA.
the I.andlord in its sole discretion:
by
Facilities"
e. "Common Areas and mean:
those portions of the Building areas. buildings, improvements,
i.
equipment and installations in or Ibrming part of
facilities. utilities.
from time to time are not designated or intended
the Building which
to be leased to tenants of the Building including.
by the Landlord
limitation. exterior weather walls. roofs. entrances and exits,
without
Page I of 12
FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024
mmercial I.ease Agreement Page 2 of 12
parking areas, driveways, loading docks and area. storage.
mechanical and electrical rooms, areas above and below leasable
premises and not included within leasable premises, security and
alarm equipment, grassed and landscaped areas, retaining walls and
maintenance. cleaning and operating equipment serving the
lluilding; and
ii. those lands, areas. buildings. improvements, llicilities, utilities,
equipment and installations which serve or are for the useful benefit
of the 11uilding. the tenants of the Building or the Landlord and those
having business with them. whether or not located within. adjacent to
or near the Building and which are designated from time to time by
the I.andlord as part of the Common Areas and Facilities;
Area"
d. "Leasable means with respect to any rentable premises, the area
expressed in square feet of all hoor space including 11oor space of mezzanines.
if any. determined. calculated and certified by the I.andlord and measured
from the exterior tinee of all exterior walls. doors and windows, including
walls. doors and windows separating the rentable premises from enclosed
Common Areas and Facilities, if any, and from the center line of all interior
walls separating the rentable premises from adjoining rentable premises. There
will be no deduction or exclusion for any space occupied by or used for
columns. ducts or other structural elements;
"Premises"
e. means the retail store at 172-18 Jamaica Ave. Unit IA, Queens.
NY I I432. USA.
"Rent"
f. means the total of liase Rent and Additional Rent.
Intent of Lease
2. It is the intent of this I.case and agreed to by the Parties to this I.ease that rent for this
1.ease will be on a gross rent basis meaning the Tenant will pay the 11ase Rent and any
Additional Rent and the 1.andlord will be responsible for all other service charges
related to the Premises and the operation of the Building save as specifically provided in
this 1.ea.se to the contrary.
Leased Premises
3. The I.andlord agrees to rent to the Tenant the retail store described as I72-
municipally
I8 .Iamaica Ave. Unit 1A. Queens. NY 11432. USA (the "Premises").
4. The Premises will be used for only the following permitted use: Retail store (the
"Permitted Use").
FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024
Page 3 of 12
Commercial I.ease Agreement
in or about the Premises or in any common
5. No pets or animals are allowed to be kept
areas in the the Premises.
Building containing
the Tenant is entitled to the exclusive use of the
6. Subject to the provisions of this 1.ease.
Premises: PS7. and PS8. (the "Parking"). Only
parking on or about the
Ibilowing
vehicles be parked in the Tenant's Parking.
insured motor may
properly
Tenant without lixtures. chattels or leaschold
7. The Premises are provided to the any
improvements.
Term
12:00 noon on October I. 2023 and ends at 12:00
8. The term of the I.ease commences at
noon on September 30. 2028 (the "Term").
commences on October l. 2023. the Tenant is entitled to
9. that the Term
Notwithstanding
the Premises at I2:00 noon on September 26. 2023.
possession of
of the Premises with the consent of the
10. Should the Tenant remain in possession
expiration of this I.case, a new from month to month
I.andlord after the natural tenancy
and the Tenant which will be subject to all the
will be created between the I.andlord
will be terminable upon either party giving one
terms and conditions of this I,ease but
month's notice to the other party.
terminate the under this I.case if the
I 1. Upon 30 days notice. the I.andlord may tenancy
payment of any portion of the Rent when due.
Tenant has defaulted in the
terminate the under this I.case if the
I2. Upon 30 days notice. the I.andlord may tenancy
each and of the covenants. agreements.
Tenant fails to observe. perform and keep every
conditions and other provisions of this I.ease to be observed,
stipulations. obligations.
the Tenant persists in such default beyond the
performed and kept the Tenant and
by
said 30 days notiec.
Rent
the Tenant will a base rent of $10.000.00.
13. Subject to the provisions of this Lease. pay
"Base Rent"). without setoff. abatement or
payable per month. for the Premises (the
the Tenant will Ibr any fees or taxes arising
deduction. In addition to the Base Rent. pay
from the Tenant's business.
lirst of each and month of the
The Tenant will the Base Rent on or belbre the every
14. pay
Term to the Landlord.
amount of $150.00 Ibr late payment of
15. The Tenant will be charged an additional any
Rent.
FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024
Commercial Lease Agreement
Page 4 of 12
16. No acceptance the Landlord of
by any amount less than the full amount owed will be
taken to operate as a waiver the Landlord for the full
by amount or in any way to defeat
or affect the rights and remedies of the Landlord to pursue the full amount.
Use and Occupation
I7. The Tenant will open the whole of the Premises for business to the public fully fixtured,
stocked and stalTed on the date of commencement of the Term and throughout the
Term, and will continuously and utilize the entire
occupy Premises in the active conduct
of its business in a reputable manner on such days and during such hours of business as
may be determined from time to time the
by Landlord.
I8. The Tenant covenants that the Tenant will carry on and conduct its business from time
to time earried on upon the Premises in such manner as to comply with all statutes,
bylaws. rules and regulations of any state.
federal, municipal or other competent
authority and will not do anything on or in the Premises in contravention of any of
them.
19. The Tenant covenants that the Tenant will carry on and conduct its business from time
to time earried on upon the Premises in such manner as to comply with statute.
any
including any subordinate legislation. which is in force now or in the future and taking
into account any amendment or re-enactment. or any government department, local
authority. other public or competent or court of
authority competent jurisdiction and of
the insurers in relation to the use. occupation and enjoyment of the Building (including
in relation to health and compliance with the
safety proper practiec recommended by all
appropriate authorities).
Security Deposit
20. On execution of this I case. the Tenant will pay the Landlord a security deposit equal to
the amount of $15,800.00 (the to be held
"Security Deposit") by the Landlord without
interest. Ihe Landlord will return the Deposit to the
Security Tenant at the end of this
tenancy. less such deductions as provided in this Lease but no deduction will be made
ibr damage due to reasonable wear and tear.
21. The Tenant not use the Deposit as payment
may Security for the Rent.
Quiet Enjoyment
22. The I andlord covenants that on the
paying Rent and performing the covenants
contained in this I ease. the Tenant will and
peacefully quietly have, hold, and enjoy the
Premises Ibr the agreed term.
Distress
FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024
Page 5 of 12
Commercial Lease Agreement
Tenant is in default in payment of any money. whether hereby
23. If and whenever the
or any part of the Rent. the Landlord may,
expressly reserved or deemed as Rent,
enter upon the Premises and seize. remove
without notice or any fonn of legal process,
chattels and equipment from the Premises or seize. remove
and sell the Tenant's goods.
chattels and equipment at any place to which the Tenant or any
and sell any goods,
in the same manner as if they had remained and
other person may have removed them.
Premises. all rule of law or equity to the
been distrained upon the notwithstanding any
waives and renounces the benefit of any present or
contrary. and the Tenant hereby
or climinating the Landlords right of distress.
future statute or law limiting
Overholding
the Premises without the written consent of the
24. If the Tenant continues to occupy
termination of the Term. then. without any further
1.andlord after the expiration or other
the Tenant will be a month-to-month tenant at a minimum monthly
written agreement.
and subject always to all of the other provisions of
rental equal to twice the Base Rent
applicable to a month-to-month tenancy and a tenancy
this Lease insofar as the same are
year to year will not be created implication of law.
from by
Additional Rights on Reentry
the Premises or terminates this Lease. then:
25. 1f the I.andlord reenters
termination or the Term becoming forfeited
a. notwithstanding any such thereby
of this Lease to the consequences of
and void. the provisions relating
termination will survive:
reasonable force as it may deem neecssary Ibr the
b. the I.andlord may use such
possession of the Premises and
purpose of admittance to and retaking
gaining
from all actions. proceedings. elaims
the Tenant releases the I.andlord
hereby
and in respect of such lbreible entry or any
and demands whatsoever ibr any
therewith or consequential thereupon:
loss or damage in connection
lbreibly. if necessary. the Tenant. those
e. the Landlord expel and remove.
may
their effects. as allowed law, without being
under the Tenant, and by
elaiming
to be guilty of any manner of trespass:
taken or deemed
has removed the of the Tenant. the
d. in the event that the Landlord property
in a public warehouse or at a place scIceted
I.andlord may store such property
of the Tenant. If the Landlord feels that it is
the Landlord. at the expense
by
and the cost to store it. then the
not worth such property given its value
storing
in its sole discretion and use such
Landlord dispose of such property
may
indebtedness of the Tenant to the I andlord. The
funds. if any. towards any
Tenant for the disposal of such
1.andlord will not be responsible to the
FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024
Commercial Lease Agreement Page 6 of 12
property other than to provide any balance of the proceeds to the Tenant aller
paying any storage costs and any amounts owed by the Tenant to the
I.andlord;
e. the I.andlord may relet the Premises or any part of the Premises for a tenn or
terms which may be less or greater than the balance of the Term remaining
and may grant reasonable concessions in connection with such reletting
including any alterations and improvements to the Premises;
f. after reentry. the 1.andlord may procure the appointment of a receiver to take
possession and collect rents and profits of the business of the Tenant. and. if
necessary to collect the rents and profits the
Document Filed Date
April 29, 2024
Case Filing Date
April 29, 2024
Category
Real Property - Other (YELLOWSTONE INJUNCTION)
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Preview
FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024 EXHIBIT A FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024 COMMERCIAL LEASE AGREEMENT TillS LEASE (this "Lease") dated this b day of fY , BETWEEN: PARTHENON LLC of 580 FIFTII AVENUE, SUITE 820, NY 10036. Telephone: (212) 465-3181 (the "I.andlord") OF TIlli FIRST PART - AND - IBRAHIMA BAll of 172-18.Iamaica Avenue, Unit 602/6B, Queens, NY 11432. Telephone: (917) 455-3661 (the "Tenant") OF Tilli SliCOND PART certain premises to the Tenant. the Tenant IN CONSIDERATION OF the I.andlord leasing and the mutual benefits and obligations set fbrth in those premises from the 1.andlord leasing of which consideration is hereby acknowledged. the this I.case. the receipt and sufficiency Parties to this Lease (the "Parties") agree as fbllows: Definitions expressions will have the meanings indicated: 1. When used in this I.case. the Ibilowing Rent" payable the Tenant under this I.case a. "Additional means all amounts by whether or not designated as Additional Rent except Base Rent. specifically elsewhere in this I.case: "Building" improvements. equipment. lixtures, property b. means all buildings. from time to time located at 172-18 .Iamaica Ave, Unit IA. and facilities as from time to time altered. expanded or reduced Queens. NY I 1432. USA. the I.andlord in its sole discretion: by Facilities" e. "Common Areas and mean: those portions of the Building areas. buildings, improvements, i. equipment and installations in or Ibrming part of facilities. utilities. from time to time are not designated or intended the Building which to be leased to tenants of the Building including. by the Landlord limitation. exterior weather walls. roofs. entrances and exits, without Page I of 12 FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024 mmercial I.ease Agreement Page 2 of 12 parking areas, driveways, loading docks and area. storage. mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance. cleaning and operating equipment serving the lluilding; and ii. those lands, areas. buildings. improvements, llicilities, utilities, equipment and installations which serve or are for the useful benefit of the 11uilding. the tenants of the Building or the Landlord and those having business with them. whether or not located within. adjacent to or near the Building and which are designated from time to time by the I.andlord as part of the Common Areas and Facilities; Area" d. "Leasable means with respect to any rentable premises, the area expressed in square feet of all hoor space including 11oor space of mezzanines. if any. determined. calculated and certified by the I.andlord and measured from the exterior tinee of all exterior walls. doors and windows, including walls. doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the center line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns. ducts or other structural elements; "Premises" e. means the retail store at 172-18 Jamaica Ave. Unit IA, Queens. NY I I432. USA. "Rent" f. means the total of liase Rent and Additional Rent. Intent of Lease 2. It is the intent of this I.case and agreed to by the Parties to this I.ease that rent for this 1.ease will be on a gross rent basis meaning the Tenant will pay the 11ase Rent and any Additional Rent and the 1.andlord will be responsible for all other service charges related to the Premises and the operation of the Building save as specifically provided in this 1.ea.se to the contrary. Leased Premises 3. The I.andlord agrees to rent to the Tenant the retail store described as I72- municipally I8 .Iamaica Ave. Unit 1A. Queens. NY 11432. USA (the "Premises"). 4. The Premises will be used for only the following permitted use: Retail store (the "Permitted Use"). FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024 Page 3 of 12 Commercial I.ease Agreement in or about the Premises or in any common 5. No pets or animals are allowed to be kept areas in the the Premises. Building containing the Tenant is entitled to the exclusive use of the 6. Subject to the provisions of this 1.ease. Premises: PS7. and PS8. (the "Parking"). Only parking on or about the Ibilowing vehicles be parked in the Tenant's Parking. insured motor may properly Tenant without lixtures. chattels or leaschold 7. The Premises are provided to the any improvements. Term 12:00 noon on October I. 2023 and ends at 12:00 8. The term of the I.ease commences at noon on September 30. 2028 (the "Term"). commences on October l. 2023. the Tenant is entitled to 9. that the Term Notwithstanding the Premises at I2:00 noon on September 26. 2023. possession of of the Premises with the consent of the 10. Should the Tenant remain in possession expiration of this I.case, a new from month to month I.andlord after the natural tenancy and the Tenant which will be subject to all the will be created between the I.andlord will be terminable upon either party giving one terms and conditions of this I,ease but month's notice to the other party. terminate the under this I.case if the I 1. Upon 30 days notice. the I.andlord may tenancy payment of any portion of the Rent when due. Tenant has defaulted in the terminate the under this I.case if the I2. Upon 30 days notice. the I.andlord may tenancy each and of the covenants. agreements. Tenant fails to observe. perform and keep every conditions and other provisions of this I.ease to be observed, stipulations. obligations. the Tenant persists in such default beyond the performed and kept the Tenant and by said 30 days notiec. Rent the Tenant will a base rent of $10.000.00. 13. Subject to the provisions of this Lease. pay "Base Rent"). without setoff. abatement or payable per month. for the Premises (the the Tenant will Ibr any fees or taxes arising deduction. In addition to the Base Rent. pay from the Tenant's business. lirst of each and month of the The Tenant will the Base Rent on or belbre the every 14. pay Term to the Landlord. amount of $150.00 Ibr late payment of 15. The Tenant will be charged an additional any Rent. FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024 Commercial Lease Agreement Page 4 of 12 16. No acceptance the Landlord of by any amount less than the full amount owed will be taken to operate as a waiver the Landlord for the full by amount or in any way to defeat or affect the rights and remedies of the Landlord to pursue the full amount. Use and Occupation I7. The Tenant will open the whole of the Premises for business to the public fully fixtured, stocked and stalTed on the date of commencement of the Term and throughout the Term, and will continuously and utilize the entire occupy Premises in the active conduct of its business in a reputable manner on such days and during such hours of business as may be determined from time to time the by Landlord. I8. The Tenant covenants that the Tenant will carry on and conduct its business from time to time earried on upon the Premises in such manner as to comply with all statutes, bylaws. rules and regulations of any state. federal, municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them. 19. The Tenant covenants that the Tenant will carry on and conduct its business from time to time earried on upon the Premises in such manner as to comply with statute. any including any subordinate legislation. which is in force now or in the future and taking into account any amendment or re-enactment. or any government department, local authority. other public or competent or court of authority competent jurisdiction and of the insurers in relation to the use. occupation and enjoyment of the Building (including in relation to health and compliance with the safety proper practiec recommended by all appropriate authorities). Security Deposit 20. On execution of this I case. the Tenant will pay the Landlord a security deposit equal to the amount of $15,800.00 (the to be held "Security Deposit") by the Landlord without interest. Ihe Landlord will return the Deposit to the Security Tenant at the end of this tenancy. less such deductions as provided in this Lease but no deduction will be made ibr damage due to reasonable wear and tear. 21. The Tenant not use the Deposit as payment may Security for the Rent. Quiet Enjoyment 22. The I andlord covenants that on the paying Rent and performing the covenants contained in this I ease. the Tenant will and peacefully quietly have, hold, and enjoy the Premises Ibr the agreed term. Distress FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024 Page 5 of 12 Commercial Lease Agreement Tenant is in default in payment of any money. whether hereby 23. If and whenever the or any part of the Rent. the Landlord may, expressly reserved or deemed as Rent, enter upon the Premises and seize. remove without notice or any fonn of legal process, chattels and equipment from the Premises or seize. remove and sell the Tenant's goods. chattels and equipment at any place to which the Tenant or any and sell any goods, in the same manner as if they had remained and other person may have removed them. Premises. all rule of law or equity to the been distrained upon the notwithstanding any waives and renounces the benefit of any present or contrary. and the Tenant hereby or climinating the Landlords right of distress. future statute or law limiting Overholding the Premises without the written consent of the 24. If the Tenant continues to occupy termination of the Term. then. without any further 1.andlord after the expiration or other the Tenant will be a month-to-month tenant at a minimum monthly written agreement. and subject always to all of the other provisions of rental equal to twice the Base Rent applicable to a month-to-month tenancy and a tenancy this Lease insofar as the same are year to year will not be created implication of law. from by Additional Rights on Reentry the Premises or terminates this Lease. then: 25. 1f the I.andlord reenters termination or the Term becoming forfeited a. notwithstanding any such thereby of this Lease to the consequences of and void. the provisions relating termination will survive: reasonable force as it may deem neecssary Ibr the b. the I.andlord may use such possession of the Premises and purpose of admittance to and retaking gaining from all actions. proceedings. elaims the Tenant releases the I.andlord hereby and in respect of such lbreible entry or any and demands whatsoever ibr any therewith or consequential thereupon: loss or damage in connection lbreibly. if necessary. the Tenant. those e. the Landlord expel and remove. may their effects. as allowed law, without being under the Tenant, and by elaiming to be guilty of any manner of trespass: taken or deemed has removed the of the Tenant. the d. in the event that the Landlord property in a public warehouse or at a place scIceted I.andlord may store such property of the Tenant. If the Landlord feels that it is the Landlord. at the expense by and the cost to store it. then the not worth such property given its value storing in its sole discretion and use such Landlord dispose of such property may indebtedness of the Tenant to the I andlord. The funds. if any. towards any Tenant for the disposal of such 1.andlord will not be responsible to the FILED: QUEENS COUNTY CLERK 04/29/2024 01:04 PM INDEX NO. 709058/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/29/2024 Commercial Lease Agreement Page 6 of 12 property other than to provide any balance of the proceeds to the Tenant aller paying any storage costs and any amounts owed by the Tenant to the I.andlord; e. the I.andlord may relet the Premises or any part of the Premises for a tenn or terms which may be less or greater than the balance of the Term remaining and may grant reasonable concessions in connection with such reletting including any alterations and improvements to the Premises; f. after reentry. the 1.andlord may procure the appointment of a receiver to take possession and collect rents and profits of the business of the Tenant. and. if necessary to collect the rents and profits the