Preview
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
NYCDEPARTMENT
OFFINANCE
OFFICE OFTHE CITY REGISTER
This page is part of the instrument. The City
Register willrely on the information provided
by you on this page for purposes of indexing
this instrument.The information on this page
will control for indexing purposes in the event
of any conflict with the of the document.
rest
2024032500782002001E5FFA
ANDENDORSEMENT
RECORDING COVERPAGE PAGE1 OF 26
Document ID: 2024032500782002 Document Date: 03-14-2024 Preparation Date: 03-25-2024
Document Type: EASEMENT
Document Page Count: 24
PRESENTER: RETURNTO:
STEWART TITLE INSURANCECOMPANY(PICK-UP) ATTN: STEWART
J. STERN, ESQ.
140 EAST45THSTREET- 33RDFLOOR STERNTANNENBAUM
& BELL LLP
NY11991 380 LEXINGTON
AVENUE
NEWYORK,NY 10017 NEWYORK, NY 10168
646-559-7039
MARGUERITE.FRANCIS@STEWART.COM
PROPER'lY DATA
Borough Block Lot Unit Address
BROOKLYN 5794 75 Entire Lot AVENUE 6128 8
Property Type: NON-RESIDENTIALVACANT
LANDEasement
Borough Block Lot Unit Address
BROOKLYN 5794 165 Entire Lot 701 64THSTREET
Property Type: COMMERCIAL
REALESTATE Easement
DATA
CROSSREFERENCE
CRFN or DocumentID or Year Reel_ Page_ or File Number
PARTIES
GRANTOR/SELLER: GRANTEE/BUYER:
62-08 REALTYLLC RMDSREALTYASSOCIATES, LLC
WOLFE
ATTN: LANDAU, 6405 7TH AVENUE ATTN: ANDREWKOHEN, 1411 EAST22NDSTREET
BROOKLYN,NY 11220 BROOKLYN,NY 11210
E] Additional Parties Listed on Continuation Page
FEESAF D TAXES
Mortgage : Filing Fee:
Mortgage Amount: $ 0.00 $ 250.00
Taxable Mortgage Amount: $ 0.00 NYCReal Property Transfer Tax:
Exemption: $ 0.00
TAXES: County (Basic): $ 0.00 NYSReal Estate Transfer Tax:
City (Additional): $ 0.00 $ 100.00
Spec (Additional): $ 0.00 ORFILED IN THE OFFICE
RECORDED
TASF: o
MTA:
$ 0.00
2% OF THE CITY REGISTEROFTHE
CITY OF NEW
0.00
$
0.00
YORK
$ Recorded/Filed 03-26-2024 15:21
Additional MRT: $ 0.00
No.(CRFN):
City Register File
TOTAL: $ 0.00 2024000075897
Recording Fee: $ 160.00
Affidavit Fee: $ 0.00
City Register Official Signature
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
NYCDEPARTMENT OFFINANCE
OFFICE OF THECITY REGISTER
2024032500782002001C5D7A
ANDENDORSEMENT
RECORDING COVERPAGE(CONTINUATION) PAGE2 OF 26
Document ID: 2024032500782002 Document Date: 03-14-2024 Preparation Date: 03-25-2024
Document Type: EASEMENT
PARTIES
GRANTOR/SELLER: GRANTOR/SELLER:
WLGTHOLDINGSLLC EA 8THAVELLC
ATTN: WOLFE
LANDAU, 6405 7TH AVENUE WOLFE
ATTN: LANDAU, 6405 7TH AVENUE
BROOKLYN,NY 11220 BROOKLYN,NY 11220
GRANTOR/SELLER: GRANTOR/SELLER:
AA 8THAVELLC EIGHTHAVE. VA LLC
ATTN: WOLFE
LANDAU, 6405 7TH AVENUE WOLFE
ATTN: LANDAU, 6405 7TH AVE
BROOKLYN,NY 11220 BROOKLYN,NY 11220-4756
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
THISINSTRUMENTWASPREPAREDBY,
ANDAFTER RECORDING
PLEASERETURN,TO:
Stern Tannenbaum & Bell LLP
380 Lexington Avenue
NewYork, NewYork 10168
Att'n: Stewart J. Stern, Esq.
SPACEABOVELfNE FORRECORDER'S
USEONLY
62-08 REALTYLLC, WLGTHOLDINGSLLC, EA 8WAVELLC, AA 8" AVELLC,
and EIGHTH AVEVA LLC, each a NewYork limited liability company (collectively,
"Grantor")
in favor of
RMDSREALTYASSOCIATES, LLC, a NewYork limited liability company("Grantee")
LIGHT ANDAIR EASEMENTAGREEMENT
MARCH14, 2024
This instrument affects and personal property situated,
real lying, and being in the Borough of
Brooklyn, State of NewYork, known as follows:
Block: 5794
Lot: 75_
Block: 5794
Lot: 165
001 i 542) DOCv
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
LIGHT ANDAIR EASEMENT
AGREEMENT
Block 5794, Lat 75; Block 5794, Lot 165, County of Kings
THIS LIGHT ANDAIR EASEMENTAGREEMENT
("Agreement") dated as of
March 14, 2024 between 62-08 REALTYLLC, WLGTHOLDINGSLLC, EA 8" AVE LLC,
AA 8" AVE LLC, and EIGHTH AVE VA LLC (collectively, "Grantor"), and RMDS
REALTY
ASSOCIATES, LLC ("Grantee"). Signatories to this Agreement are sometimes referred to as a
"P_a![ty" "Parties."
or jointly as the
WITNESSETHTHAT:
WHEREAS,Grantor owns certain land (the "Grantor Land") in the City of New
York and County of Kings, located at 6200 Eighth Avenue and known as Block 5794, Lot 75 on
the Tax Map(the "Tax Map") of New York (the "City"), Kings County, and more
the City of
particularly described in Exhibit A annexed
hereto and made a part hereof, and the buildings and
improvernents, if any, located thereon (together with any future improvements, additions,
renovations, expansions, alterations, restorations, repairs, replacements and reconstruction
thereto and thereof, but subject to the limitations of this Agreement, the "Grantor Buildings (the
Grantor Land, together with the Grantor Buildings, being herein called the "Grantor Premises");
WHEREAS,Grantee owns certain land (the "Grantee I,and") in the City of New
York and County of Kings, located at 6323 Seventh and known as Block 5794, Lot 165 on the
Tax Map , and more particularly described in Exhibit B armexed hereto and made a part hereof,
and the buildings and improvements, if any, located thereon (together with any future
improvements, additions, renovations, expansions, alterations, restorations, repairs, replacements
and reconstruction thereto and thereof, the "Grantee Buildings (the Grantee Land, together with
the Grantee Buildings, being herein called the "Grantee Premises"); and
WHEREAS,Grantor has agreed to grant to Grantee a light and air easement over
a portion of the Grantor Premises.
NOWfHEREFORE, in consideration of Ihe premises and other good and
valuable consideration, and its legal representatives,
Grantor, for itself successors, and assigns,
hereby makes the following grant to Grantee, and its legal representatives, successors, and
assigns, and to any future owner of the Grantee Premises:
l. Light and Air Easements; Development Limitations.
i. Grantor hereby grants to Grantee, for of the Grantee Premises,
the benefit
a perpetual, permanem and irrevocable easement for light and air, and
unobstructed view, over (a) a portion of the Grantor Land measuring 30 ft
by 198.15 ft (the "Affected Area"), over and above a horizontal plane at
an elevation of III feet above the North American Vertical Datum of
1988 ("NAVD 88") as established and maintained by the National
Geodetic Survey of the National Ocean Service, National Oceanic and
Atmospheric Administration or successor agency, which was established
cousm now
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
as the City Datum by Local Law 96 of 2013, and more particularly
depicted on the diagrams annexed hereto as Exhibit C and Exhibit D and
made a part hereof, and as more particulady described as approximatel y
tive (5) feet above the slab of the second floor of the building presently
"Building"
situated on the Grantee Land (the and such limitation, the
"Height Limitation"), it being understood that the Height Limitation is
below the windows on the existing second story of the Building and (b) a
portion of the Affected Area consisting of three (3) shafts, each measuring
6 A (width) by 4 feet (depth onto the Grantor Land), located at the location
and 6* windows overlooking the Affected Area and counted
405
of the 2nd,
from right to left from the Seventh Avenue of the Building (as more
"A"
particularly illustrated at the location of the windows marked , "B",
and
"C"
in the attached Exhibit E), without regard to the Height
"Shafts"
Limitation (the and together with the Affected Area over and
above the Height Limitation, the "Easement Area").
ii. Grantor represents and warrants that the top of its building within the
Affected Area is as reflected on the attached Exhibit C where it states
PARKING(+ 21'-8" (105'-8")) (the "Roof"). Notwithstanding the
foregoing, Grantor may construct or place parapets, intake vents (but not
exhaust vents), fencing, and other mechanical, plumbing, or other
telecommunication equipment up to the Height Limitation within the
Affected Area (the "Roof Materials"), except Grantor shall not place or
construct any Roof Materials that emit objectively foul odors on the Roof
within the Affected Area. Prior to constructing or placing any Roof
Materials within the Affected Area, Grantor shall meet and confer in good
faith with Grantee as to Grantee's preferred for such Roof
location
Materials. Grantor shall use commercially reasonable efforts to
accommodate Grantee's requested location for the Roof Materials within
the Affected Area, but the ultimate decision as to the location of such Roof
Materials lies within the sole and absolute discretion of Grantor (and it
being understood that such efforts shall not require expenditure of funds
and/or commencement of htigation), provided however that to the extent
any of the Roof Materials are air conditioning equipment or other
equipment that emits noises that are objectively disruptive, such
equipment shall be at least fifteen (15) feet from the windows on the
Grantee Premises.
iii, Grantor covenants and agrees that no buildings, structures, improvements,
bulkheads, parapets, equipment, antennaes, alterations or additions,
whether following a casually or otherwise, shall be constructed or allowed
to exist within the Easement Area (it being understood that,
notwithstanding anything to the contrary, in no event whatsoever shall the
foregoing, this Agreement and/or otherwise prohibit Grantor from
accessing and/or authorizing, causing and/or penuitting the access of the
Easement Area (including without limitation, access by vehicles, people
and/or otherwise) solely for purposes of ingress to and egress from other
(DIt1421 DOCt 3
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
portions Premises, but in no event shall Grantor have the
of Grantor's
right equipment, materials, supplies or anything else within the
to store
Easement Area, or the right to park or permit others to park cars, trucks or
other vehicles within the Easement Area which create more than a de
minimus interference with the easement granted hereunder.
2. Shoring,
With respect to the obligations to shore in connection with excavation
for any improvements
upon the Grantee's Land, the parties shall comply with provisions of the
NewYork City Administrative Code on excavation and sharing.
3. No forfeiture. Notwithstanding anything to the contraryin this Agreement, if
Grantee violates or commits a breach of this Agreement, Grantor shall not have any right to
terminate, suspend, or declare a forfeiture or cancellation of this Agreement.
4. Further Assurances. Grantor shall promptly upon request take such further
actions,and execute such further documents, as shall be reasonably necessary or appropriate
from time to time to implement and effectuate the intentions of the Parties as expressed in this
Agreement.
5. Bindinp, Effect. This Agreement and the easement granted hereunder shall run
with the land affected hereby and shall be binding upon every party having any right, title or
interest therein or any part thereof.
6. Remedies. The parties agree that in the event of any breach or threatened breach
of this Agreement by another party, each of the parties shall have the right to any remedy
available at law or equity, including, but not limited to, injunctive relief and specific
performance.
7. Estoppel Certificates Each of Grantor and Grantee, respectively, agrees to
execute, acknowledge and deliver to another party requesting same, within ten (10) business
days following written request, from time to time, a written statement certifying (a) that this
Agreement is unmodified and in full force and effect (or if there have been modifications that the
Agreement is in full force and effect as modified, and identifying the modifications), (b) whether
or not any party is in default under any provisions of this Agreement, and if such default exists,
the nature of such default, and (c) Ihat the statement may be relied upon by the other party hereto
and its lenders.
8. Notices. consent or other communication required or desired to be
Any notice,
given under the provisions of Agreement
shall be in writing,
this by receipted hand delivery, or
by registered mail, return receipt requested, or by ovemight express mail or overnight delivery
service such as Federal Express, and shall be deemed given as of the date of receipt or refusal,
and shall be directed as follows:
001 1542 I ooC v )
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
To Grantor: c/o WLGTHoldings LLC
543 Bedford Ave
# 243
Brooklyn, NY 1121I
with a copy to: Herrick, Feinstein LLP
Two Park Avenue
NewYork, NY 10016
Attention: Avery Mehlman, Esq.
To Grantee: RMDSRealty Associates, LLC
6405 7* Avenue
Brooklyn, NewYork 11220
Attention: Andrew Kohen
with a copy to: Stern Tannenbaum & Bell LLP
380 Lexington Avenue
NewYork. NewYork l0168
Attention: Stewart 1 Stern, Esq.
Any party may at any time change the address to which notices or copies thereof shall be given
by notice to the other parties. Notwithstanding anything herein to the contrary, notices delivered
after 6:00 p.m. shall be deemed received on the next business day. A copy of any notice shall be
delivered at the same time, and by the same rneans, to the recipient's attorney, at the one address
set forth above for such attorney (or any subsequent one address for copies of notices designated
by notice in accordance with this paragraph). Any notice given by an attorney actually
representing a party to this Agreement, whether or not this Agreement expressly identifies such
attomey, shall be effective as notice from such party. No proof of the attorney's authority need
accompany such notice.
9. Singular and Plural Terms. Any defined term used in the plural in this Agreement
shall refer to allmembers of the relevant class and any dermed term used in the singular shall
refer to any number of the members of the relevant class.
10 Exhibits and Schedules Incorporated.
Recitals, All recitals, exhibits and
schedules to this Agreement as now existing and as the same may from time to time be
supplemented, modified or amended, are incorporated herein by this reference and constitute part
of this Agreement for all purposes.
11. References. References to any other document shall include such other document
both as originally executed and as it may from time to time be supplemented. References herein
to Articles, Sections and attached Exhibits are references to this Agreement unless a different
document is named. References to subparagraphs shall he construed as references to the same
section in which the reference appears unless a dif ferent section is named
00115421 DOcv )
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
i
12. Headings. Sections, headings, captions, page numbers, document identification
numbers, underlining and bold print are included in this Agreement for convenience of reference
only and are not part of this Agreement for any other purpose and do not defme or limit any
terms or provisions herein.
13. Applicable Law. This Agreement shall be governed by, and construed and
enforced in accordance with the laws of the State of NewYork, without regard to principles of
conflicts of laws and rules of another state. The parties hereby agree to submit to the jurisdiction
of all Federal and NewYork State Courts located in the State and County of NewYork in
connection with any litigation instituted under this Agreement. The parties waive their right to a
jury trial in any dispute arising from or relating to this Agreement or the relationship between the
parties.
14. Recording, This Agreement shall be recorded in the Office of the Register of the
City of NewYork, Kings County, promptly after the date hereof
15. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and all of which shall constitute one and the same
instrument.
|END OF PAGE; SIGNATURESAPPEARONFOLLOWINGPAGEj
001 15421 DoCv )
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
IN WITNESSWHEREOF,
each of the parties has caused its respective duly authorized
representative to execute and deliver this instrument as of the day and year first above written.
62-08 REALTYLLC, a NewYork limited
liability company
By:
Name Wolfe Landau
Title: Authorized Signatory
STATEOFNEWYORK )
) ss.:
COUNTYOF L 0.tT S )
On the \ b
day of March, 2024, before me, the undersigned, personally appeared
WOLFELANDAU,personally known to meor proved to me on the basis of satisfactory evidence
to be the individual whose names is subscribed to the within instrument and acknowledged to me
that such person executed the same in such person's capacity, and that by such person's signature
on the instrument, the individuals, or the person upon behalf of which the individuals acted,
executed the instrument.
NOTARYÙBL
Si natures continue on the next page.] ASTRIDMICHELLEALBANEZ
Notary Public - State of NewYork
No. 01AL0016927
Qualified in Queens County
MyCornrnission Expires 11/27/2027
[Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)]
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
WLGTHOLDINGSLLC, a NewYork limited
liability company
By:
Name Wolfe Landau
Title: Authorized Signatory
STATEOFNEWYORK )
) ss.:
COUNTY
OF ÛOf th$ )
On the 3 day of March, 2024, before me, the undersigned, personally appeared
WOLFELANDAU,personally known to meor proved to meon the basis of satisfactory evidence
to be the individual whose names is subscribed to the within instrument and acknowledged to me
that such person executed the same in such person's capacity, and that by such person's signature
on the instrument, the individuals, or the person upon behalf of which the individuals acted,
executed the instrument.
NOTARYPp
continue on the next page.]
ASTRIDMICHELLEALBANEZ
[Signatures Notary Public - State of NewYork
No. 01AL0016927
Qualified in Queens County
MyCommission Expir s 11/27/2027
[Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)]
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
EA 8TH AVELLC, a NewYork limited
liability company
By:
Nam : Wolfe Landau
Title: Authorized Signatory
STATEOFNEWYORK )
) ss.:
COUNTY
OF ÛUCCrS )
On the day of March, 2024, before me, the undersigned, personally appeared
WOLFELANDAU,personally known to meor proved to meon the basis of satisfactory evidence
to be the individual whose names is subscribed to the within instrument and acknowledged to me
that such person executed the same in such person's capacity, and that by such person's signature
on the instrument, the individuals, or the person upon behalf of which the individuals acted,
executed the instrument.
NOTARY
PUBLI
ASTRIDMICHELLEALBANEZ
[Signatures continue on the next page.] Notary Public - Stato of NewYork
No. 01AL0016927
Qualified in Queens County
MyCommissionExpires11/27/2027
[Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)]
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
AA 8TH AVE LLC, a NewYork limited
liability company
By:
Na e: Wolfe Landau
Title: Authorized Signatory
STATEOFNEWYORK )
) ss.:
COUNTYOF ( f(JAS )
On the day of March, 2024, me, the undersigned, personally
before appeared
WOLFELANDAU,personally known to meor proved to me on the basis of satisfactory evidence
to be the individual whose names is subscribed to the within instrument and acknowledged to me
that such person executed the same in such person's capacity, and that by such person's signature
on the instrument, the individuals, or the person upon behalf of which the individuals acted,
executed the instrument.
NOTARY
PÚ
[Signatures continue on the next page.] ASTRIDMICHELLEALBANEZ
- State of NewYork
Notary Public
No. 01AL0016927
QuaMiedin Queer s County
My Commissiort Expkes11/27/2027
[Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)]
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
EIGHTH AVE. VA LLC, a NewYork limited
liability company
By:
Name: olfe Landau
Title: Authorized Signatory
STATEOFNEWYORK )
) ss.:
COUNTY
OF
On the D
WOLFELANDAU,personally
day of March, 2024, before me, the undersigned, personally appeared
known to meor proved to meon the basis of satisfactory evidence
to be the individual whose names is subscribed to the within instrument and acknowledged to me
that such person executed the same in such person's capacity, and that by such person's signature
on the instrument, the individuals, or the person upon behalf of which the individuals acted,
executed the instrument.
NOTARYPUB
ASTRIDMICHELLEALBANEZ
[Signatures continue on the next page.] Notary Public - State of NewYork
36927
Qualified in Queens
County
My Commi.ssion Expires 11/27/2027
[Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)]
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
IN WITNESSWHEREOF,
each of the parties has caused its respective duly
authorized representative to execute and deliver this instrument as of the day and year first
above written.
62-08 REALTYLLC RMDSREALTYASSOC TES, LLC
Signature: Signatur .
Name: Name: /d/ûNH T
Title: Title: )4Â&/ffMy put AT
WLGTHOLDINGSLLC
Signature:
Name:
Title:
EA 8m AVELLC
Signature:
Name:
Title:
AA 8" AVELLC
Signature:
Name:
Title:
EIGHTH AVEVA LLC
Signature:
Name:
Title:
00115421.DOC v 3
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024
STATEOF NEWYORK )
) ss.:
OFNEWYORK )
COUNTY
On the 14th day of March, 2024 before me, the undersigned, a Notary Public in and for said State,
personally appeared Andrew Kohen, as authorized signatory of RMDS Realty Associates, LLC,
personally known to me or proved to me on the
Preview
FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 NYCDEPARTMENT OFFINANCE OFFICE OFTHE CITY REGISTER This page is part of the instrument. The City Register willrely on the information provided by you on this page for purposes of indexing this instrument.The information on this page will control for indexing purposes in the event of any conflict with the of the document. rest 2024032500782002001E5FFA ANDENDORSEMENT RECORDING COVERPAGE PAGE1 OF 26 Document ID: 2024032500782002 Document Date: 03-14-2024 Preparation Date: 03-25-2024 Document Type: EASEMENT Document Page Count: 24 PRESENTER: RETURNTO: STEWART TITLE INSURANCECOMPANY(PICK-UP) ATTN: STEWART J. STERN, ESQ. 140 EAST45THSTREET- 33RDFLOOR STERNTANNENBAUM & BELL LLP NY11991 380 LEXINGTON AVENUE NEWYORK,NY 10017 NEWYORK, NY 10168 646-559-7039 MARGUERITE.FRANCIS@STEWART.COM PROPER'lY DATA Borough Block Lot Unit Address BROOKLYN 5794 75 Entire Lot AVENUE 6128 8 Property Type: NON-RESIDENTIALVACANT LANDEasement Borough Block Lot Unit Address BROOKLYN 5794 165 Entire Lot 701 64THSTREET Property Type: COMMERCIAL REALESTATE Easement DATA CROSSREFERENCE CRFN or DocumentID or Year Reel_ Page_ or File Number PARTIES GRANTOR/SELLER: GRANTEE/BUYER: 62-08 REALTYLLC RMDSREALTYASSOCIATES, LLC WOLFE ATTN: LANDAU, 6405 7TH AVENUE ATTN: ANDREWKOHEN, 1411 EAST22NDSTREET BROOKLYN,NY 11220 BROOKLYN,NY 11210 E] Additional Parties Listed on Continuation Page FEESAF D TAXES Mortgage : Filing Fee: Mortgage Amount: $ 0.00 $ 250.00 Taxable Mortgage Amount: $ 0.00 NYCReal Property Transfer Tax: Exemption: $ 0.00 TAXES: County (Basic): $ 0.00 NYSReal Estate Transfer Tax: City (Additional): $ 0.00 $ 100.00 Spec (Additional): $ 0.00 ORFILED IN THE OFFICE RECORDED TASF: o MTA: $ 0.00 2% OF THE CITY REGISTEROFTHE CITY OF NEW 0.00 $ 0.00 YORK $ Recorded/Filed 03-26-2024 15:21 Additional MRT: $ 0.00 No.(CRFN): City Register File TOTAL: $ 0.00 2024000075897 Recording Fee: $ 160.00 Affidavit Fee: $ 0.00 City Register Official Signature FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 NYCDEPARTMENT OFFINANCE OFFICE OF THECITY REGISTER 2024032500782002001C5D7A ANDENDORSEMENT RECORDING COVERPAGE(CONTINUATION) PAGE2 OF 26 Document ID: 2024032500782002 Document Date: 03-14-2024 Preparation Date: 03-25-2024 Document Type: EASEMENT PARTIES GRANTOR/SELLER: GRANTOR/SELLER: WLGTHOLDINGSLLC EA 8THAVELLC ATTN: WOLFE LANDAU, 6405 7TH AVENUE WOLFE ATTN: LANDAU, 6405 7TH AVENUE BROOKLYN,NY 11220 BROOKLYN,NY 11220 GRANTOR/SELLER: GRANTOR/SELLER: AA 8THAVELLC EIGHTHAVE. VA LLC ATTN: WOLFE LANDAU, 6405 7TH AVENUE WOLFE ATTN: LANDAU, 6405 7TH AVE BROOKLYN,NY 11220 BROOKLYN,NY 11220-4756 FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 THISINSTRUMENTWASPREPAREDBY, ANDAFTER RECORDING PLEASERETURN,TO: Stern Tannenbaum & Bell LLP 380 Lexington Avenue NewYork, NewYork 10168 Att'n: Stewart J. Stern, Esq. SPACEABOVELfNE FORRECORDER'S USEONLY 62-08 REALTYLLC, WLGTHOLDINGSLLC, EA 8WAVELLC, AA 8" AVELLC, and EIGHTH AVEVA LLC, each a NewYork limited liability company (collectively, "Grantor") in favor of RMDSREALTYASSOCIATES, LLC, a NewYork limited liability company("Grantee") LIGHT ANDAIR EASEMENTAGREEMENT MARCH14, 2024 This instrument affects and personal property situated, real lying, and being in the Borough of Brooklyn, State of NewYork, known as follows: Block: 5794 Lot: 75_ Block: 5794 Lot: 165 001 i 542) DOCv FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 LIGHT ANDAIR EASEMENT AGREEMENT Block 5794, Lat 75; Block 5794, Lot 165, County of Kings THIS LIGHT ANDAIR EASEMENTAGREEMENT ("Agreement") dated as of March 14, 2024 between 62-08 REALTYLLC, WLGTHOLDINGSLLC, EA 8" AVE LLC, AA 8" AVE LLC, and EIGHTH AVE VA LLC (collectively, "Grantor"), and RMDS REALTY ASSOCIATES, LLC ("Grantee"). Signatories to this Agreement are sometimes referred to as a "P_a![ty" "Parties." or jointly as the WITNESSETHTHAT: WHEREAS,Grantor owns certain land (the "Grantor Land") in the City of New York and County of Kings, located at 6200 Eighth Avenue and known as Block 5794, Lot 75 on the Tax Map(the "Tax Map") of New York (the "City"), Kings County, and more the City of particularly described in Exhibit A annexed hereto and made a part hereof, and the buildings and improvernents, if any, located thereon (together with any future improvements, additions, renovations, expansions, alterations, restorations, repairs, replacements and reconstruction thereto and thereof, but subject to the limitations of this Agreement, the "Grantor Buildings (the Grantor Land, together with the Grantor Buildings, being herein called the "Grantor Premises"); WHEREAS,Grantee owns certain land (the "Grantee I,and") in the City of New York and County of Kings, located at 6323 Seventh and known as Block 5794, Lot 165 on the Tax Map , and more particularly described in Exhibit B armexed hereto and made a part hereof, and the buildings and improvements, if any, located thereon (together with any future improvements, additions, renovations, expansions, alterations, restorations, repairs, replacements and reconstruction thereto and thereof, the "Grantee Buildings (the Grantee Land, together with the Grantee Buildings, being herein called the "Grantee Premises"); and WHEREAS,Grantor has agreed to grant to Grantee a light and air easement over a portion of the Grantor Premises. NOWfHEREFORE, in consideration of Ihe premises and other good and valuable consideration, and its legal representatives, Grantor, for itself successors, and assigns, hereby makes the following grant to Grantee, and its legal representatives, successors, and assigns, and to any future owner of the Grantee Premises: l. Light and Air Easements; Development Limitations. i. Grantor hereby grants to Grantee, for of the Grantee Premises, the benefit a perpetual, permanem and irrevocable easement for light and air, and unobstructed view, over (a) a portion of the Grantor Land measuring 30 ft by 198.15 ft (the "Affected Area"), over and above a horizontal plane at an elevation of III feet above the North American Vertical Datum of 1988 ("NAVD 88") as established and maintained by the National Geodetic Survey of the National Ocean Service, National Oceanic and Atmospheric Administration or successor agency, which was established cousm now FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 as the City Datum by Local Law 96 of 2013, and more particularly depicted on the diagrams annexed hereto as Exhibit C and Exhibit D and made a part hereof, and as more particulady described as approximatel y tive (5) feet above the slab of the second floor of the building presently "Building" situated on the Grantee Land (the and such limitation, the "Height Limitation"), it being understood that the Height Limitation is below the windows on the existing second story of the Building and (b) a portion of the Affected Area consisting of three (3) shafts, each measuring 6 A (width) by 4 feet (depth onto the Grantor Land), located at the location and 6* windows overlooking the Affected Area and counted 405 of the 2nd, from right to left from the Seventh Avenue of the Building (as more "A" particularly illustrated at the location of the windows marked , "B", and "C" in the attached Exhibit E), without regard to the Height "Shafts" Limitation (the and together with the Affected Area over and above the Height Limitation, the "Easement Area"). ii. Grantor represents and warrants that the top of its building within the Affected Area is as reflected on the attached Exhibit C where it states PARKING(+ 21'-8" (105'-8")) (the "Roof"). Notwithstanding the foregoing, Grantor may construct or place parapets, intake vents (but not exhaust vents), fencing, and other mechanical, plumbing, or other telecommunication equipment up to the Height Limitation within the Affected Area (the "Roof Materials"), except Grantor shall not place or construct any Roof Materials that emit objectively foul odors on the Roof within the Affected Area. Prior to constructing or placing any Roof Materials within the Affected Area, Grantor shall meet and confer in good faith with Grantee as to Grantee's preferred for such Roof location Materials. Grantor shall use commercially reasonable efforts to accommodate Grantee's requested location for the Roof Materials within the Affected Area, but the ultimate decision as to the location of such Roof Materials lies within the sole and absolute discretion of Grantor (and it being understood that such efforts shall not require expenditure of funds and/or commencement of htigation), provided however that to the extent any of the Roof Materials are air conditioning equipment or other equipment that emits noises that are objectively disruptive, such equipment shall be at least fifteen (15) feet from the windows on the Grantee Premises. iii, Grantor covenants and agrees that no buildings, structures, improvements, bulkheads, parapets, equipment, antennaes, alterations or additions, whether following a casually or otherwise, shall be constructed or allowed to exist within the Easement Area (it being understood that, notwithstanding anything to the contrary, in no event whatsoever shall the foregoing, this Agreement and/or otherwise prohibit Grantor from accessing and/or authorizing, causing and/or penuitting the access of the Easement Area (including without limitation, access by vehicles, people and/or otherwise) solely for purposes of ingress to and egress from other (DIt1421 DOCt 3 FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 portions Premises, but in no event shall Grantor have the of Grantor's right equipment, materials, supplies or anything else within the to store Easement Area, or the right to park or permit others to park cars, trucks or other vehicles within the Easement Area which create more than a de minimus interference with the easement granted hereunder. 2. Shoring, With respect to the obligations to shore in connection with excavation for any improvements upon the Grantee's Land, the parties shall comply with provisions of the NewYork City Administrative Code on excavation and sharing. 3. No forfeiture. Notwithstanding anything to the contraryin this Agreement, if Grantee violates or commits a breach of this Agreement, Grantor shall not have any right to terminate, suspend, or declare a forfeiture or cancellation of this Agreement. 4. Further Assurances. Grantor shall promptly upon request take such further actions,and execute such further documents, as shall be reasonably necessary or appropriate from time to time to implement and effectuate the intentions of the Parties as expressed in this Agreement. 5. Bindinp, Effect. This Agreement and the easement granted hereunder shall run with the land affected hereby and shall be binding upon every party having any right, title or interest therein or any part thereof. 6. Remedies. The parties agree that in the event of any breach or threatened breach of this Agreement by another party, each of the parties shall have the right to any remedy available at law or equity, including, but not limited to, injunctive relief and specific performance. 7. Estoppel Certificates Each of Grantor and Grantee, respectively, agrees to execute, acknowledge and deliver to another party requesting same, within ten (10) business days following written request, from time to time, a written statement certifying (a) that this Agreement is unmodified and in full force and effect (or if there have been modifications that the Agreement is in full force and effect as modified, and identifying the modifications), (b) whether or not any party is in default under any provisions of this Agreement, and if such default exists, the nature of such default, and (c) Ihat the statement may be relied upon by the other party hereto and its lenders. 8. Notices. consent or other communication required or desired to be Any notice, given under the provisions of Agreement shall be in writing, this by receipted hand delivery, or by registered mail, return receipt requested, or by ovemight express mail or overnight delivery service such as Federal Express, and shall be deemed given as of the date of receipt or refusal, and shall be directed as follows: 001 1542 I ooC v ) FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 To Grantor: c/o WLGTHoldings LLC 543 Bedford Ave # 243 Brooklyn, NY 1121I with a copy to: Herrick, Feinstein LLP Two Park Avenue NewYork, NY 10016 Attention: Avery Mehlman, Esq. To Grantee: RMDSRealty Associates, LLC 6405 7* Avenue Brooklyn, NewYork 11220 Attention: Andrew Kohen with a copy to: Stern Tannenbaum & Bell LLP 380 Lexington Avenue NewYork. NewYork l0168 Attention: Stewart 1 Stern, Esq. Any party may at any time change the address to which notices or copies thereof shall be given by notice to the other parties. Notwithstanding anything herein to the contrary, notices delivered after 6:00 p.m. shall be deemed received on the next business day. A copy of any notice shall be delivered at the same time, and by the same rneans, to the recipient's attorney, at the one address set forth above for such attorney (or any subsequent one address for copies of notices designated by notice in accordance with this paragraph). Any notice given by an attorney actually representing a party to this Agreement, whether or not this Agreement expressly identifies such attomey, shall be effective as notice from such party. No proof of the attorney's authority need accompany such notice. 9. Singular and Plural Terms. Any defined term used in the plural in this Agreement shall refer to allmembers of the relevant class and any dermed term used in the singular shall refer to any number of the members of the relevant class. 10 Exhibits and Schedules Incorporated. Recitals, All recitals, exhibits and schedules to this Agreement as now existing and as the same may from time to time be supplemented, modified or amended, are incorporated herein by this reference and constitute part of this Agreement for all purposes. 11. References. References to any other document shall include such other document both as originally executed and as it may from time to time be supplemented. References herein to Articles, Sections and attached Exhibits are references to this Agreement unless a different document is named. References to subparagraphs shall he construed as references to the same section in which the reference appears unless a dif ferent section is named 00115421 DOcv ) FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 i 12. Headings. Sections, headings, captions, page numbers, document identification numbers, underlining and bold print are included in this Agreement for convenience of reference only and are not part of this Agreement for any other purpose and do not defme or limit any terms or provisions herein. 13. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of NewYork, without regard to principles of conflicts of laws and rules of another state. The parties hereby agree to submit to the jurisdiction of all Federal and NewYork State Courts located in the State and County of NewYork in connection with any litigation instituted under this Agreement. The parties waive their right to a jury trial in any dispute arising from or relating to this Agreement or the relationship between the parties. 14. Recording, This Agreement shall be recorded in the Office of the Register of the City of NewYork, Kings County, promptly after the date hereof 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. |END OF PAGE; SIGNATURESAPPEARONFOLLOWINGPAGEj 001 15421 DoCv ) FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 IN WITNESSWHEREOF, each of the parties has caused its respective duly authorized representative to execute and deliver this instrument as of the day and year first above written. 62-08 REALTYLLC, a NewYork limited liability company By: Name Wolfe Landau Title: Authorized Signatory STATEOFNEWYORK ) ) ss.: COUNTYOF L 0.tT S ) On the \ b day of March, 2024, before me, the undersigned, personally appeared WOLFELANDAU,personally known to meor proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that such person executed the same in such person's capacity, and that by such person's signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. NOTARYÙBL Si natures continue on the next page.] ASTRIDMICHELLEALBANEZ Notary Public - State of NewYork No. 01AL0016927 Qualified in Queens County MyCornrnission Expires 11/27/2027 [Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)] FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 WLGTHOLDINGSLLC, a NewYork limited liability company By: Name Wolfe Landau Title: Authorized Signatory STATEOFNEWYORK ) ) ss.: COUNTY OF ÛOf th$ ) On the 3 day of March, 2024, before me, the undersigned, personally appeared WOLFELANDAU,personally known to meor proved to meon the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that such person executed the same in such person's capacity, and that by such person's signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. NOTARYPp continue on the next page.] ASTRIDMICHELLEALBANEZ [Signatures Notary Public - State of NewYork No. 01AL0016927 Qualified in Queens County MyCommission Expir s 11/27/2027 [Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)] FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 EA 8TH AVELLC, a NewYork limited liability company By: Nam : Wolfe Landau Title: Authorized Signatory STATEOFNEWYORK ) ) ss.: COUNTY OF ÛUCCrS ) On the day of March, 2024, before me, the undersigned, personally appeared WOLFELANDAU,personally known to meor proved to meon the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that such person executed the same in such person's capacity, and that by such person's signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. NOTARY PUBLI ASTRIDMICHELLEALBANEZ [Signatures continue on the next page.] Notary Public - Stato of NewYork No. 01AL0016927 Qualified in Queens County MyCommissionExpires11/27/2027 [Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)] FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 AA 8TH AVE LLC, a NewYork limited liability company By: Na e: Wolfe Landau Title: Authorized Signatory STATEOFNEWYORK ) ) ss.: COUNTYOF ( f(JAS ) On the day of March, 2024, me, the undersigned, personally before appeared WOLFELANDAU,personally known to meor proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that such person executed the same in such person's capacity, and that by such person's signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. NOTARY PÚ [Signatures continue on the next page.] ASTRIDMICHELLEALBANEZ - State of NewYork Notary Public No. 01AL0016927 QuaMiedin Queer s County My Commissiort Expkes11/27/2027 [Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)] FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 EIGHTH AVE. VA LLC, a NewYork limited liability company By: Name: olfe Landau Title: Authorized Signatory STATEOFNEWYORK ) ) ss.: COUNTY OF On the D WOLFELANDAU,personally day of March, 2024, before me, the undersigned, personally appeared known to meor proved to meon the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that such person executed the same in such person's capacity, and that by such person's signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. NOTARYPUB ASTRIDMICHELLEALBANEZ [Signatures continue on the next page.] Notary Public - State of NewYork 36927 Qualified in Queens County My Commi.ssion Expires 11/27/2027 [Signature Pages to Light and Air Easement Agreement (re: RMDSRealty Associates, LLC)] FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 IN WITNESSWHEREOF, each of the parties has caused its respective duly authorized representative to execute and deliver this instrument as of the day and year first above written. 62-08 REALTYLLC RMDSREALTYASSOC TES, LLC Signature: Signatur . Name: Name: /d/ûNH T Title: Title: )4Â&/ffMy put AT WLGTHOLDINGSLLC Signature: Name: Title: EA 8m AVELLC Signature: Name: Title: AA 8" AVELLC Signature: Name: Title: EIGHTH AVEVA LLC Signature: Name: Title: 00115421.DOC v 3 FILED: NEW YORK COUNTY CLERK 06/11/2024 10:06 AM INDEX NO. 652924/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/11/2024 STATEOF NEWYORK ) ) ss.: OFNEWYORK ) COUNTY On the 14th day of March, 2024 before me, the undersigned, a Notary Public in and for said State, personally appeared Andrew Kohen, as authorized signatory of RMDS Realty Associates, LLC, personally known to me or proved to me on the