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FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND X
NBM DEVELOPMENT, LLC,
SUMMONS
Plaintiff,
-against- Index No.
Dated Filed:
B&L RESTAURANT, INC. dba DO EAT RESTAURANT,
BRONISLAV BROMBERG AND LEV AGARUNOW,
Defendants.
X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff s attorney an answer
within twenty (20) days after the service of this supplemental summons, exclusive of the day of
service, or within thirty (30) days after service is complete if this supplemental summons is not
personally delivered to you within the State of New York.
In case of your failure to answer, judgment will be taken against you by default for the relief
demanded in the amended complaint.
The basis of the venue designated is the transaction of business within this County.
Dated: Staten Island, New York
May 1, 2024
Richard A. Rosenzweig, Esq. P.C.
By·
Richard A. Rosenzweig s/
Richard A. Rosenzweig, Esq.
Attorney for Plaintiff
3"1
57 Beach Street, Floor
Staten Island, NY 10304
917-301-1868
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND X
NBM DEVELOPMENT, LLC,
COMPLAINT
Plaintiff,
-against- Index No.
B&L RESTAURANT, INC., dba DO EAT RESTAURANT,
BRONISLAV BROMBERG AND LEV AGARUNOW,
Defendants.
X
Plaintiff, NBM Development LLC ("Plaintiff'), by and through its attorney, Richard A.
Rosenzweig, Esq. P.C., as and for its Complaint against Defendants, B&L Restaurant, Inc., dba
Do Eat Restaurant ("B&L"), Bronislav Bromberg ("Bromberg"), and Lev Agarunow
("Agarunow") (collectively "Defendants"), alleges as follows:
1. Plaintiff is a domestic limited liability company with its principal place of business in the
State of New York, County of Richmond.
2. Upon information and belief, B&L is a domestic corporation with its principal place of
business in the State of New York, County of Richmond.
3. Upon information and belief, Bromberg and Agarunow are residents of the State of New
York, County of Richmond.
4. On or about December 14, 2022, Plaintiff leased premises known as 150-K Greaves Lane,
Staten Island, NY 10308 (the "Premises") to B&L pursuant to a written lease dated December 14,
2022 (the "Lease"). See Exhibit "A".
5. As part of the considered for the Lease, Bromberg and Agarunow signed personal
guarantees (the "Guarantys") of performance and payment of all sums due under the Lease. See
"F"
Exhibit to the Lease.
6. The Term of the Lease was ten years.
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7. The Lease required B&L to pay monthly rent pursuant to the rent schedule in the Lease
and to comply with its other obligations under the Lease, yet it failed to do so.
8. Plaintiff repeats and realleges each and every one of the foregoing allegations as if fully
set forth under each of the following causes of action.
AS AND FOR A FIRST CAUSE OF ACTION
9. B&L has failed to pay $55,297.62 in rent/additional rent as of April 1, 2024. See Exhibit
"B".
10. As a result, B&L is in breach of contract, causing damages to Plaintiff in like amount.
11. B&L is liable to Plaintiff for breach of contract in the·sum of $55,297.62 plus interest, costs
and attorney fees.
AS ANDFOR A SECOND CAUSE OF ACTION
12. Bromberg and Agamnow failed and refused to pay the amounts due under the Lease
pursuant to their Guarantys resulting in a breach of contract causing damages to Plaintiff in the
amount of $55,297.62, as of April 1, 2024.
13. Bromberg and Agarunow are liable to Plaintiff for breach of contract in the sum of
$55,297.62, plus interest, costs and attorney fees.
WHEREFORE Plaintiff demands judgment against Defendants as a foresaid plus the legal fees,
costs and expenses of this action and granting Plaintiff such other and further relief as the Court
deems just and proper.
Dated: Staten Island, New York
May 1, 2024 Richard A. Rosenzweig, Esq. P.C.
By:RichardA. Rosenzweir s/
Richard A. Rosenzweig, Esq.
3"1
57 Beach Street, Floor
Staten Island, NY 10304
917-301-1868
2
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"A"
EXHIBIT
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EVERGREEN SHOPPING PLAZA STORE LEASE
.
By and Between:
NBM REALTY HOLDINGS, LLC
5655 Amboy Road
Staten Island, NY 10309
and
B&L Restaurant Inc.
150-K Greaves Lane
Staten Island, New York 10308
,
Dated: October _ , 2022
1
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TABLE OF CONTENTS
ARTICLES: PAGES
1. LEASE SCHEDULE 3
2. DEFINITIONS 5
3. CONSTRUCTION OF DEMISED PREMISES and POSSESSION 7
4. TERM 8
5. RENT, SECURITY, AND TAX INCREASE 8
6. CONDITION OF PREMISES, AL1ERATIONS and SIGNS 1I
7. REPAIRS, COMPLIANCE, SURRENDER 12
8. SERVICE AND LTTILITY 14
9. USE. AND OPERATION 15
10. TRANSFER OF INTEREST, PRIORITY OF LIEN 19
11. COMMON AREA AND SHOPPING AREA 22
12. HAZZARD ABATEMENT and
INSURANCE, DESTRUCTION 26
13. CONDEMNATION 28
14. INDEMNITY AND LIABLITY INSURANCE 29
15. COVENANT OF QUIET ENJOYMENT 31
16. FAILURE TO PERFORM, DEFAULTS and REMEDIES 32
17. TENANT'S CERTIFICATE 35
18. RIGHTS OF ACCESS
36
19. INTERPRETATION, NOTICES, MISCELLANEOUS 36
20. SIGNATURE
38
EXHIBIT "A": SITE PLAN 39
EXHIBIT "B": PREMISES SITE PLAN 40
EXHIBIT "C": PRE EXISTING EXCLUSIVES 41
EXHIBIT "D": SIGN SPECIFICATIONS 42
"E"
EXHIBIT SAMPLE MENU 44
"F"
EXHIBIT OUARANTEE 45
2
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LEASE dated 0ctober J , 2022 between NBM REALTY HOLDINGS, LLC, whose
address is 5655 Amboy Road, Staten Island, NY 10309, (Landlord), and B&L Restaurant Inc.,
having an address 2481 Richmond Road Staten Island NY 10306, (Tenant).
Landloni hemby leases to Tenant and Tenant hereby rents from Landlord the Demised Premises
(as defined in 1.01). Intending to be legally bound under this Lease and in consideration of $10.00
and other good and valuable consideration, Landlord and Tenant hereby agree with each other as
follows:
ARTICLE 1
LEASE SCH4DULE
Šhe following definitions and provisions shall be applicable to the various provisions of the Lease
which mfer to them:
1.1. DEMISED PREMISES: Store #150-K Greaves Lane of the Shopping Center
consisting of approximately 1,320 squam feet and situated as set forth on Exhibit A, including any
alterations, additions or repairs made thereto.
1.2. COMMENCEMENT DATE and EXPIRATION DATE:
COMlWENCEMENT: The Lease shall commence as December 1, 2022 or
as soon as Landlord is in a position to provide possession ("Commencement Date"). Tenant's
obligation to pay rent shall commence sixty days after the Commencement Date.
EXPIRATION: The expiration date is the Tenth (10th) anniversary of the last
day of the month preceding the month during which the original term of this Lease commences.
1.3. Minimum Annual Rent shall be payable in monthly installments at the rental
rates set forth below: (See 5.1)
.Y_ggi Annual Rental Monthly Installment
1 $52,800.00 $4,400.00
2 $52,800.00 $4,400.00
3 $61,182.00 $5,098.50
4 $63,017.46 $5,25 1.46
5 $64,907.98 $5,409.00
6 $66,855,22 $5,571.27
7 $68,860.88 $5,738.41
8 $70,926.71 $5,910.56
3
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9 $73,054.51 $6,087.88
10 $75,246.15 $6,270.51
Year"
he term "Lease as used above shall mean a period of twelve (12) consecutive months.
1.4. TagS;, Tenant shall pay its Pm-Rata share, as defined in Article 2.2 below, of all Real
Estate Taxes assessments for the Shopping Center and other taxes amessed to the Demised Premises
related to Tenant's use and occupancy of the Demised Premises or equipment exclusively servicing
the Demised Premises.
1.S. TENANTS CON_TRIBUTIONS: Common Charges (See 11.4).
1.6. PUANS AND SPECIFICATIONS: Tenant's plans and specification regarding the
Specifications"
buildout of the Demised Premises "Plans and shall be considered a put of this
Lease.
1.7. TENANT'S GUARANTORS:
Bronislav Bmmberg
Residing at: 64 Larrison Loop Staten Island, NY 19314
Lev Agarunov
Residing at: 77 Pembrook Loop Staten Island, NY 10309
"F"
Ouarantees are attached hereto as Exhibit
1.S. R.SSE_¡
(a) PERPGTTED USES: Tenant shall use the Demised Premises as/for the operation
of a dine in Russian restaurant serving Russian style food items as exhibited on
sample menu attached hereto and no other purpose, (See 9.01 and Exhibit "E").
(b) TENANT'S OPERATION.
Dine in Restaurant (See 9.2)
1.9 Intentionally Omitted
(c) TENANT'S BUSINESS NAME: Amadeus Restaurant
1.10. SHOPPING CENTER:
(a) Name: Evergreen Shopping Plaza
(b) Location: 150K Greaves Lane, Staten Island, New York 10308
1.11. BROKER: NONE (See 14.8)
1.12. NOTICE ADDRESS:
Address-
(a) Landlord's Notice
NBM Reahy Holdings, LLC
5655 Amboy Road
Staten Island, New York 10309
4
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(b) Landlords Notice Copy Addess
Christopher Marsala, Esq.
McLaughlin & Stern, PLLC
5150 Tamiami Trail N.
Suite 602
Naples, FL 34103
(c) Tenant's Notice Address:
Tenant
150-K Greaves Lane
Staten Island, New York 10308
1.13. SECURITY: Landlord curmntly has on deposit florn Tenant $8,800.00 as and for Security
which Landlord shall continue to hold in accordance with the terms of Article 5.7 of this Lease.
Commencing with the first rental adjustment period, Tenant shall deposit any additional funds as
and for security with the Landlord so that the Security Deposit shall continue to be equal two (2)
months minimum annual rental as shown on the rent schedule in section 1.3 and this pmvision shall
continue each rental a4justment period themafter.
ARTICLE 2
DEFINITIONS
As used in this Lease, the following words and phrases have the following meanings:
2.1. COMMON AREA: The entire Shopping Center except the portions of the Shopping
Center upon which buildings, structures, or other improvements (except paved parking area fmm
definition of improvements) have been erected and except any Major Tenant's loading dock area
and the areas designated for other uses on Exhibit A.
2.2. COMMON AREA FRACTION/PRO-RATA SHARE: A fraction, the numerator of
which shall be the number ofsquare feet of Gross Floor Area the Demised Premises at the beginning
of the period to which the fraction is being applied (including Tenant's portion of any utility room),
and the denominator of which shall be the total number of square feet of gross Floor Area of all of
the buildings in the Shopping Center at the beginning of such period. Any enlargement or
contraction in Gross Floor Area during the Lease Term shall be deemed effective as of the first day
of the month next following the month in which the area first becomes (i) ready for use by the
occupant or intended occupant or (ii) unusable because of a Taking or otherwise. Tenant's current
Pm-Rata Share or Common Area Fraction is:
1320/88,983 Total sq. ft. of Center = 1.483% Tenant's Space Fraction/Pro-
Shopping
Rata Share.
2.3. DELIVERY OF POSSESSION: Tenant currently is possession of the Premises
therefore deliver possession shall be on the Execution Date.
2.4. EXECUTION DATE: The date on which this Lease has been fbily executed
acknowledged and executed by both parties.
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2.S. EXPIRATION DATE: The expiration date is the Tenth (10th) anniversary of the last
day of the month preceding the month during which the original term of this Lease commences. If
the term of this Lease has been extended or if the Lease has been renewed, the Expimtion Date
shall be the last day of the term as so extended or senewed. If this Lease is canceled or terminated
prior to the originally fixed Expiration Date, then the Expiration Date shall be the date on which
this Lease is so canceled or terminated. (But if this Lease is canceled or terminated prior to the
originally fixed expiration date by reason of Tenants Default unless agreed otherwise, Tenant's
liability under the provisions of this Lease shall continue until the date the term of this Lease would
have expired had the cancellation or termination not occurred).
2.6. FORCE MAJEURE: Any period of delay which arise from or through acts of God;
strikes, lockouts, or labor difficulty; explosion; sabotage, accident, riot, or civil commotion; act of
war; fire or other legal epidemic or pandemic; delays caused
casualty; requirements; by the other
party; and causes beyond the reasonable control of a party. the or any
Notwithstanding foregoing
other pmvision of this Lease to the contrary, Tenant waives claims for rental abatement
any arising
under applicable laws, including without limitation any or common law theories of force
statutory
majeure, frustration of purpose, impossibility, or similar doctrines, to the extent to Tenant's
relating
rights or claims to receive rental abatement or to terminate this Lease in connection with event
any
of force majeure including any epidemic or pandemic, without limitation as the result of
including
Landlord's rules, pmcedures and directives :elating to complying with Pandemic Ouidance.
2.7. GROSS FLOOR AREA; The area calculated by measurements made to and from the
center of party walls and the outside of exterior walls plus Tenants Pro Rata Share of any utility
area.
2.8. HAZARDOUS SUBSTANCES: Hazardous substances as defined in the United States
Comprehensive Environmental Responses, Compensation and Act of 1980 and
Liability any
amendments thereof or the regulations promulgated thereunder from time to time, and other
any
hazardous substances, hydrocarbons, hazardous materials, toxic substances or hazardous wastes as
defined from time to time in any other federal, state and local laws or the regulations promulgated
thereunder applicable to the Shopping Center.
2.9 INSURANCE REQUIREMENTS: The applicable provisions of the insurance policy
carried by Landlotti or Tenant the Demised the Shopping or any part of
covering Premises, Center,
either; all requirements of the issuer of any such policy; and the applicable regulations and other
requirements of the National Board of Fire Underwriters, and applicable local board of fire
underwriters, and any other body exercising a similar function.
2.10. LANDLORD'S WORK: NONE
2.11. MAJOR TENANT: Any tenant located in the Shopping Center that leases a total square
footage in excess of 20,000 square feet.
2.12. MORTGAGE: A mortgage which is a lien against the fee interest of the Shopping Center,
and any renewals, consolidations, replacements and extensions thereof
2.13. MORTGAGEE: The holder of the Mortgage.
2.14. PARKING AREA: The portions of the Shopping Center which are designated as such
by Landlord from time to time.
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2.15. PERSON: An individual, fiduciary, estate, trust, partnership, firm, association,
cosporation, or other organization, or a government
Preview
FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X NBM DEVELOPMENT, LLC, SUMMONS Plaintiff, -against- Index No. Dated Filed: B&L RESTAURANT, INC. dba DO EAT RESTAURANT, BRONISLAV BROMBERG AND LEV AGARUNOW, Defendants. X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff s attorney an answer within twenty (20) days after the service of this supplemental summons, exclusive of the day of service, or within thirty (30) days after service is complete if this supplemental summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the amended complaint. The basis of the venue designated is the transaction of business within this County. Dated: Staten Island, New York May 1, 2024 Richard A. Rosenzweig, Esq. P.C. By· Richard A. Rosenzweig s/ Richard A. Rosenzweig, Esq. Attorney for Plaintiff 3"1 57 Beach Street, Floor Staten Island, NY 10304 917-301-1868 1 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X NBM DEVELOPMENT, LLC, COMPLAINT Plaintiff, -against- Index No. B&L RESTAURANT, INC., dba DO EAT RESTAURANT, BRONISLAV BROMBERG AND LEV AGARUNOW, Defendants. X Plaintiff, NBM Development LLC ("Plaintiff'), by and through its attorney, Richard A. Rosenzweig, Esq. P.C., as and for its Complaint against Defendants, B&L Restaurant, Inc., dba Do Eat Restaurant ("B&L"), Bronislav Bromberg ("Bromberg"), and Lev Agarunow ("Agarunow") (collectively "Defendants"), alleges as follows: 1. Plaintiff is a domestic limited liability company with its principal place of business in the State of New York, County of Richmond. 2. Upon information and belief, B&L is a domestic corporation with its principal place of business in the State of New York, County of Richmond. 3. Upon information and belief, Bromberg and Agarunow are residents of the State of New York, County of Richmond. 4. On or about December 14, 2022, Plaintiff leased premises known as 150-K Greaves Lane, Staten Island, NY 10308 (the "Premises") to B&L pursuant to a written lease dated December 14, 2022 (the "Lease"). See Exhibit "A". 5. As part of the considered for the Lease, Bromberg and Agarunow signed personal guarantees (the "Guarantys") of performance and payment of all sums due under the Lease. See "F" Exhibit to the Lease. 6. The Term of the Lease was ten years. 2 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 7. The Lease required B&L to pay monthly rent pursuant to the rent schedule in the Lease and to comply with its other obligations under the Lease, yet it failed to do so. 8. Plaintiff repeats and realleges each and every one of the foregoing allegations as if fully set forth under each of the following causes of action. AS AND FOR A FIRST CAUSE OF ACTION 9. B&L has failed to pay $55,297.62 in rent/additional rent as of April 1, 2024. See Exhibit "B". 10. As a result, B&L is in breach of contract, causing damages to Plaintiff in like amount. 11. B&L is liable to Plaintiff for breach of contract in the·sum of $55,297.62 plus interest, costs and attorney fees. AS ANDFOR A SECOND CAUSE OF ACTION 12. Bromberg and Agamnow failed and refused to pay the amounts due under the Lease pursuant to their Guarantys resulting in a breach of contract causing damages to Plaintiff in the amount of $55,297.62, as of April 1, 2024. 13. Bromberg and Agarunow are liable to Plaintiff for breach of contract in the sum of $55,297.62, plus interest, costs and attorney fees. WHEREFORE Plaintiff demands judgment against Defendants as a foresaid plus the legal fees, costs and expenses of this action and granting Plaintiff such other and further relief as the Court deems just and proper. Dated: Staten Island, New York May 1, 2024 Richard A. Rosenzweig, Esq. P.C. By:RichardA. Rosenzweir s/ Richard A. Rosenzweig, Esq. 3"1 57 Beach Street, Floor Staten Island, NY 10304 917-301-1868 2 3 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 "A" EXHIBIT 4 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 EVERGREEN SHOPPING PLAZA STORE LEASE . By and Between: NBM REALTY HOLDINGS, LLC 5655 Amboy Road Staten Island, NY 10309 and B&L Restaurant Inc. 150-K Greaves Lane Staten Island, New York 10308 , Dated: October _ , 2022 1 5 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 TABLE OF CONTENTS ARTICLES: PAGES 1. LEASE SCHEDULE 3 2. DEFINITIONS 5 3. CONSTRUCTION OF DEMISED PREMISES and POSSESSION 7 4. TERM 8 5. RENT, SECURITY, AND TAX INCREASE 8 6. CONDITION OF PREMISES, AL1ERATIONS and SIGNS 1I 7. REPAIRS, COMPLIANCE, SURRENDER 12 8. SERVICE AND LTTILITY 14 9. USE. AND OPERATION 15 10. TRANSFER OF INTEREST, PRIORITY OF LIEN 19 11. COMMON AREA AND SHOPPING AREA 22 12. HAZZARD ABATEMENT and INSURANCE, DESTRUCTION 26 13. CONDEMNATION 28 14. INDEMNITY AND LIABLITY INSURANCE 29 15. COVENANT OF QUIET ENJOYMENT 31 16. FAILURE TO PERFORM, DEFAULTS and REMEDIES 32 17. TENANT'S CERTIFICATE 35 18. RIGHTS OF ACCESS 36 19. INTERPRETATION, NOTICES, MISCELLANEOUS 36 20. SIGNATURE 38 EXHIBIT "A": SITE PLAN 39 EXHIBIT "B": PREMISES SITE PLAN 40 EXHIBIT "C": PRE EXISTING EXCLUSIVES 41 EXHIBIT "D": SIGN SPECIFICATIONS 42 "E" EXHIBIT SAMPLE MENU 44 "F" EXHIBIT OUARANTEE 45 2 6 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 LEASE dated 0ctober J , 2022 between NBM REALTY HOLDINGS, LLC, whose address is 5655 Amboy Road, Staten Island, NY 10309, (Landlord), and B&L Restaurant Inc., having an address 2481 Richmond Road Staten Island NY 10306, (Tenant). Landloni hemby leases to Tenant and Tenant hereby rents from Landlord the Demised Premises (as defined in 1.01). Intending to be legally bound under this Lease and in consideration of $10.00 and other good and valuable consideration, Landlord and Tenant hereby agree with each other as follows: ARTICLE 1 LEASE SCH4DULE Šhe following definitions and provisions shall be applicable to the various provisions of the Lease which mfer to them: 1.1. DEMISED PREMISES: Store #150-K Greaves Lane of the Shopping Center consisting of approximately 1,320 squam feet and situated as set forth on Exhibit A, including any alterations, additions or repairs made thereto. 1.2. COMMENCEMENT DATE and EXPIRATION DATE: COMlWENCEMENT: The Lease shall commence as December 1, 2022 or as soon as Landlord is in a position to provide possession ("Commencement Date"). Tenant's obligation to pay rent shall commence sixty days after the Commencement Date. EXPIRATION: The expiration date is the Tenth (10th) anniversary of the last day of the month preceding the month during which the original term of this Lease commences. 1.3. Minimum Annual Rent shall be payable in monthly installments at the rental rates set forth below: (See 5.1) .Y_ggi Annual Rental Monthly Installment 1 $52,800.00 $4,400.00 2 $52,800.00 $4,400.00 3 $61,182.00 $5,098.50 4 $63,017.46 $5,25 1.46 5 $64,907.98 $5,409.00 6 $66,855,22 $5,571.27 7 $68,860.88 $5,738.41 8 $70,926.71 $5,910.56 3 7 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 9 $73,054.51 $6,087.88 10 $75,246.15 $6,270.51 Year" he term "Lease as used above shall mean a period of twelve (12) consecutive months. 1.4. TagS;, Tenant shall pay its Pm-Rata share, as defined in Article 2.2 below, of all Real Estate Taxes assessments for the Shopping Center and other taxes amessed to the Demised Premises related to Tenant's use and occupancy of the Demised Premises or equipment exclusively servicing the Demised Premises. 1.S. TENANTS CON_TRIBUTIONS: Common Charges (See 11.4). 1.6. PUANS AND SPECIFICATIONS: Tenant's plans and specification regarding the Specifications" buildout of the Demised Premises "Plans and shall be considered a put of this Lease. 1.7. TENANT'S GUARANTORS: Bronislav Bmmberg Residing at: 64 Larrison Loop Staten Island, NY 19314 Lev Agarunov Residing at: 77 Pembrook Loop Staten Island, NY 10309 "F" Ouarantees are attached hereto as Exhibit 1.S. R.SSE_¡ (a) PERPGTTED USES: Tenant shall use the Demised Premises as/for the operation of a dine in Russian restaurant serving Russian style food items as exhibited on sample menu attached hereto and no other purpose, (See 9.01 and Exhibit "E"). (b) TENANT'S OPERATION. Dine in Restaurant (See 9.2) 1.9 Intentionally Omitted (c) TENANT'S BUSINESS NAME: Amadeus Restaurant 1.10. SHOPPING CENTER: (a) Name: Evergreen Shopping Plaza (b) Location: 150K Greaves Lane, Staten Island, New York 10308 1.11. BROKER: NONE (See 14.8) 1.12. NOTICE ADDRESS: Address- (a) Landlord's Notice NBM Reahy Holdings, LLC 5655 Amboy Road Staten Island, New York 10309 4 8 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 (b) Landlords Notice Copy Addess Christopher Marsala, Esq. McLaughlin & Stern, PLLC 5150 Tamiami Trail N. Suite 602 Naples, FL 34103 (c) Tenant's Notice Address: Tenant 150-K Greaves Lane Staten Island, New York 10308 1.13. SECURITY: Landlord curmntly has on deposit florn Tenant $8,800.00 as and for Security which Landlord shall continue to hold in accordance with the terms of Article 5.7 of this Lease. Commencing with the first rental adjustment period, Tenant shall deposit any additional funds as and for security with the Landlord so that the Security Deposit shall continue to be equal two (2) months minimum annual rental as shown on the rent schedule in section 1.3 and this pmvision shall continue each rental a4justment period themafter. ARTICLE 2 DEFINITIONS As used in this Lease, the following words and phrases have the following meanings: 2.1. COMMON AREA: The entire Shopping Center except the portions of the Shopping Center upon which buildings, structures, or other improvements (except paved parking area fmm definition of improvements) have been erected and except any Major Tenant's loading dock area and the areas designated for other uses on Exhibit A. 2.2. COMMON AREA FRACTION/PRO-RATA SHARE: A fraction, the numerator of which shall be the number ofsquare feet of Gross Floor Area the Demised Premises at the beginning of the period to which the fraction is being applied (including Tenant's portion of any utility room), and the denominator of which shall be the total number of square feet of gross Floor Area of all of the buildings in the Shopping Center at the beginning of such period. Any enlargement or contraction in Gross Floor Area during the Lease Term shall be deemed effective as of the first day of the month next following the month in which the area first becomes (i) ready for use by the occupant or intended occupant or (ii) unusable because of a Taking or otherwise. Tenant's current Pm-Rata Share or Common Area Fraction is: 1320/88,983 Total sq. ft. of Center = 1.483% Tenant's Space Fraction/Pro- Shopping Rata Share. 2.3. DELIVERY OF POSSESSION: Tenant currently is possession of the Premises therefore deliver possession shall be on the Execution Date. 2.4. EXECUTION DATE: The date on which this Lease has been fbily executed acknowledged and executed by both parties. 5 9 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 2.S. EXPIRATION DATE: The expiration date is the Tenth (10th) anniversary of the last day of the month preceding the month during which the original term of this Lease commences. If the term of this Lease has been extended or if the Lease has been renewed, the Expimtion Date shall be the last day of the term as so extended or senewed. If this Lease is canceled or terminated prior to the originally fixed Expiration Date, then the Expiration Date shall be the date on which this Lease is so canceled or terminated. (But if this Lease is canceled or terminated prior to the originally fixed expiration date by reason of Tenants Default unless agreed otherwise, Tenant's liability under the provisions of this Lease shall continue until the date the term of this Lease would have expired had the cancellation or termination not occurred). 2.6. FORCE MAJEURE: Any period of delay which arise from or through acts of God; strikes, lockouts, or labor difficulty; explosion; sabotage, accident, riot, or civil commotion; act of war; fire or other legal epidemic or pandemic; delays caused casualty; requirements; by the other party; and causes beyond the reasonable control of a party. the or any Notwithstanding foregoing other pmvision of this Lease to the contrary, Tenant waives claims for rental abatement any arising under applicable laws, including without limitation any or common law theories of force statutory majeure, frustration of purpose, impossibility, or similar doctrines, to the extent to Tenant's relating rights or claims to receive rental abatement or to terminate this Lease in connection with event any of force majeure including any epidemic or pandemic, without limitation as the result of including Landlord's rules, pmcedures and directives :elating to complying with Pandemic Ouidance. 2.7. GROSS FLOOR AREA; The area calculated by measurements made to and from the center of party walls and the outside of exterior walls plus Tenants Pro Rata Share of any utility area. 2.8. HAZARDOUS SUBSTANCES: Hazardous substances as defined in the United States Comprehensive Environmental Responses, Compensation and Act of 1980 and Liability any amendments thereof or the regulations promulgated thereunder from time to time, and other any hazardous substances, hydrocarbons, hazardous materials, toxic substances or hazardous wastes as defined from time to time in any other federal, state and local laws or the regulations promulgated thereunder applicable to the Shopping Center. 2.9 INSURANCE REQUIREMENTS: The applicable provisions of the insurance policy carried by Landlotti or Tenant the Demised the Shopping or any part of covering Premises, Center, either; all requirements of the issuer of any such policy; and the applicable regulations and other requirements of the National Board of Fire Underwriters, and applicable local board of fire underwriters, and any other body exercising a similar function. 2.10. LANDLORD'S WORK: NONE 2.11. MAJOR TENANT: Any tenant located in the Shopping Center that leases a total square footage in excess of 20,000 square feet. 2.12. MORTGAGE: A mortgage which is a lien against the fee interest of the Shopping Center, and any renewals, consolidations, replacements and extensions thereof 2.13. MORTGAGEE: The holder of the Mortgage. 2.14. PARKING AREA: The portions of the Shopping Center which are designated as such by Landlord from time to time. 6 10 of 56 FILED: RICHMOND COUNTY CLERK 05/01/2024 01:08 PM INDEX NO. 150879/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2024 2.15. PERSON: An individual, fiduciary, estate, trust, partnership, firm, association, cosporation, or other organization, or a government