Preview
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021
DEFENDANT'S
EXH IT
COMMERCIAL LEASE
---r-
Section 1:Parties Lessee agrees to pay said rent amounts without
deduction or offset, in lawful money of the United
This leaseismade and executed intriplicate
States of America, in advance on the first day of
by and between Yuen Hsiang Lu of 4 Christian
each month during the term ofthe lease to Lessor at
Court, Albany, NY 12203, called Lessor, Wen Fu
the Lessor's address or to such other person(s) at
Lu with an address c/o 4 Christian Court, Albany,
such other place(s) as Lessor may from time totime
NY 12203 and Li Hua Lu with an address of 4
designate m wnting.
Christian Court, Albany, NY 12203, called Lessee.
If the rent is over seven (7) days late, a late
charge of $150 willbe added to the amount due for
Section 2: Description of Premises
rent. A check dishonored for any reason shall be
Lessor leases to Lessee, as provided, the considered a late and if not honored on
payment;
premises located at 175 SouthBroadway, in theCity Lessee cashier's
redeposit, must pay by certified,
of Saratoga Springs, County of Saratoga, State of check or order. payment is notreceived
money If by
New York, consisting of a conunercial property, Lessor the last of the month for which said
by day
including land and parking lot, with Tax Map rent payment is interest at the rate of one and
due,
Identification S/B/L No. 165.83-1-26.1· one halfpercent per month shall be assessed
(1.5%)
on allunpaid rent and shallbe due and payable as
Section 3: Term. Rent. 1Wht of FirstRefusal and additional rent.
Assumption of Indebtedness It isalso agreed that Lessor or subsequent
any
The term of this lease is TEN years owner ofthe premises shallbe entitled to transfer or
(10)
on JULY 1 2003 and on TUNE sellthe property subject to this lease.
beginning , ending
30, 2013. Lessor hereby forgives Lessee SIX (6) months
The base rent is TBREE- base rent beginning on the second month. Hence,
monthly
THOUSAND FIVE-HUNDRED DOLLARS Lessee shallresume paying the base rent on the eight
per month. The firstmonths rent isdue month.
($3,500?)
on or before July 1,2003.
The base rent shall at THREE. Section 4: Security
stay
THOUSAND FIVE-HUNDRED DOLLARS Lessee shall a FIFTY-THOUSAND
pay
($3,500 ) per month, for the THREE
first (3)year DOLLAR deposit to Lessor.
(S50,000?) security
and increase seven percent (7%) per year
by TWENTY-THOUSAND DOLLARS ($20,000.00)
thereafter· on and
signing this lease, THIRTY-THOUSAND
[07/01/03 -06/30/06 = $3,500.00 per month, DOLLARS on or before
($30,000.00) Iuly 1, 2003.
07/01/06 - 06/30/07 = $3,745,00 per month, Lessor shall not be required to segregate the
07/01/07 - 06/30/08 = $3,932.25 per month, deposit from other funds and no interest
security
07/01/08 - 06/30/09 = $4,128.86 per month, shall accrue or be payable with respect to it. After
07/01/09 - 06/30/10 = $4,335.31 per month, Lessee vacates, and Lessor has inspected the
07/01/10 - 06/30/11 = $4,552.07 per month, premises, if Lessee has complied with this
fully
07/01/11 - 06/30/12 = $4,779.67 per month, agreement Lessor shallreturn the deposit.
07/01/12 - 06/30/13 = $5,018.66 per month] No or which now or
security guaranty may
&NÊr uen Hsiang Lu, Lessor
/./ and 7 dÅ( Wen Fu Lu and Li Hua Lu, Lessee.
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021
subsequently befurnished Lessor for the payment of electricity,gas, oil,water supply, garbage dispeal,
the rent or for performance by Lessee of the other sewer services, telephoñe service, etc. Lessee will
covenants or conditions of thislease shallin any way submit to Lessor copies of water billsand proof of
be a bar or defense to any eviction action, action in payment thereof every quarter. Lessor may pay any
unlawful detaiñer, or other action for therecovery of overdue utilitybillsand Lessee willrepay Lessor the
the premises, or to any action which Lessor may at amount(s) paid as additional rent, due on the date(s)
any time commence for a breach of any of the on which such payments are made.
covenants or conditions of thislease. Lessee shallpay allproperty taxes and general
and special assessments assessed on the premises for
Section 5: Use of Premises the term of thislease, including without limitation,
city,county, state,school, library,sewer and water
. The premises are leased to be used as any
taxes and assessments. On receipt, Lessor will
Pennissible Uses allowed and approved by the City
submit to Lessee copies of the property tax and
of Saratoga Springs, New York. Lessee agrees to
assessment billsand calculation ofthe amount to pay
restricttheir use to such purposes, and not to use or
on a monthly basis which Lessor will hold together
pennit the use of, theprernises for any other purpose
with the security deposit so that Lessor will have
without firstobtaining the consent in writing of
enough funds to pay the tax billsin a timely fashion.
Lessor.
The amounts due shallbe considered additional rent
Lessee shall not create or allow any nuisance,
and any failureto make timely payment thereof shall
public or private, to exist on the premises, or use or
constitute a default ofthis lease.
allow the premises to be used for any immoral,
unlawful, or objectionable purpose. Lessee shallnot .
Section 7: Repairs and Maintenance
perform or permit any act orthing of any kind on the
premises that may disturb the peace or cause Lessee, atLessee's own expense, shall maintain
unreasonable annoyance to any neighbor or other and keep the interior and exterior of the premises,
person. Lessee shallnot nor allow to be without limitation - gas
commit, including electric, lines,
committed, any waste on.the premises. plumbing, water pipes, water tanks, water heaters,
No use shall be made or permitted to be made of drains, grease trap, septic system, exhaust fans,
the premises, nor acts done, that willincrease the heating and cooling systems, the kitchen Ansul
existing rate ofinsuranceupon the building, or cause system, fire extinguishers, windows, plate glass,
a cancellation of any insurance policy covering such doors, ceilings,floors, interiorand exterior walls and
building, or any part of it,nor shall Lessee sell,or roofs in good working order, repair and condition.
pennit to be kept, used, or sold, in or about the Lessee willbe responsible for eradication of insects
premises any article that may be prohibited by the and other pests, and also forlandscaping including
standard form offire insurance policies.Lessee shall, signs.Lessee shall regularly maintain the parking lot
at Lessee's sole cost and expense, comply with any by sealing the pavement as needed but not less than
and allrequirements, pertaining to the premises, of every three (3) years and submit to Lessor proof of
any insurance organization or company necessary for payment thereof.
the maintenance of fireand public insurance
liability IfLessee neglects or refuses to properly perfonn
covering buildings and appurtenances. regular maintenance, or make repairs, replacement
or pest control, Lessor has the right to pay a third
Section 6: Payments of Utilitiesand Property Tax party to perform same and charge Lessee the cost
plus ten percent(10%) for overhead and supen ision
Lessee shall pay for all utilitiesfurnished the
as additional rent forthe month following the date
premises for the term of this ease, including
on which such payments are paid,
Yuen Hsiang Lu, Lessor
and Wen Fu Lu and Li Hua Lu, Lessee. .
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021
Mechanics'
Section 8: Fire,Accident or other Casualty Section 9: Afterations. Liens
Lessee must give Lessor prompt notice of fire, During the term ofthis lease,Lessee, at Lessee's
accident, damage or dangerous or defective own expense, shall pay forany alteration,addition,
condition. IfthePremises cannot be used because of improvement or other change to the property. Any
fireor other casualty, Lessee isnot required to pay alteration to the property and any fixture or other
rent for the time the Premises are unusable. If only thing attached to the building shall become at once
part of the Premises cannot be used, Lessee must a partofthe realty and belong to Lessor. At the end
pay rent for the usable part Lessor need only repair of the lease, Lessee must not remove any fixtures,
the damaged structural parts ofthe Premises. Lessor nor any other thing affixed or attached on the wall,
is not required to repair or replace any equipment, ceiling,floor, or building inany way.
fixtures, furnishings or decorations. As long as Lessee shall keep the premises and the building
Lessor isproceeding with reasonable due diligence, free from any liens arising out of any work
Lessor is not responsible for delays due to settling performed, material furnished, or obligations
insurance claims, obtaining estimates, labor and incurred by Lessee. Lessee agrees that if Lessee
supply problems or other causes not fully under hires any labor or buys any materials for making any
Lessor's control. alterations of the premises, Lessee willhire or buy
Ifa fireor casualty iscaused by an act or neglect suchlabor or materials in such a way that Lessor will
mechanics'
ofLessee, Lessee's employees or invitees,or the fire avoid any possible liabilityfor liens or
or other casualty arises out of the Lessee's use or other such claims,
occupancy of the demised Premises or conduct of
business therein, without regard to fault or neglect, Section 10: Compliance with Law
or at the time of the fire or casualty Lessee is in
Lessee shall, atits solecost and expense, comply
default in any term ofthis Lease, then allrepairswill
with and faithfullyobserve alllaws, codes, orders,
be made at Lessee's expense and Lessee must pay
mles, directions and ordinances pertaining to
the fullrent with no adjustment.
Lessee's use of the premises of allgovernmental
Lessor has the right to demolish or rebuild the
authorities, property owners associations, insurance
Building if there is substantial damage by fire or
carriers, Board of Fire Underwriters, etc. Lessee
other casualty. Lessor may cancel this Lease witiun
shallget any and allapprovals, licenses,and permits
30 days after the substantial fire or casualty by required to open and operate Lessee's business on
giving Lessee notice of Lessor's mtention to
the property. Lessor is not responsible for
demolish or rebuild. Lessor shall determine what
compliance with any laws, codes or ordinances
constitutes substantial fire or casualty. The Lease
applicable to eitherthereal property orbuilding. The
wdl end 30 days afterLessor's cancellation notice to
judgment of any court of competent jurisdiction, or
Lessee. Lessee must deliver the Premises to Lessor
the admission ofLessee in any action or proceeding
on or before the cancellation date m the notice and
against Lessee, whether Lessor be a party to it or
pay all rentdue to the date of the fireor casualty. If
not, that Lessee has violated any law in the use of
the Lease is canceled, Lessor is not required to
the premises shall be conclusive of that fact as
repair the Premises or Building. The cancellation
between Lessor and Lessee. Without limiting the
does not release Lessee of liabilityin connection
generality of the foregoing, duties of Lessee under
with the fire or casualty. This Section ismtended to
this provision shall include the maintaining and
replace the terms of New York Real Property Law
making of any alterations of the premises as may be
Section 227.
required by law by reason of the particular manner
or mode of use of the premises by Lessee, or
. Yuen Hsiang Lu, Lessor
and Wen Fu Lu and Li Hua Lu, Lessee.
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021
occasioned by reason of the failure of Lessee to occurrence per person, and covering property
maintain or repair the premises as required under damage limits of not less than Five Hundred
this lease. Thousand Dollars ($500,000), insuring against all
liabilityof Lessee and its authorized representatives
Section 11: Acceptance. Possession and Surrender arising out of and in connection with the Lessee's
of Premises use and occupancy of the Premises. Lessee shall
maintain business interruption insurance, to assure
Lessor agrees to deliver possession of the
the payments of the base rent and additional rent
premises as is atthe startof the lease term. Lessee
hereunder. Lessee agrees to be financially
agrees to accept, possession of the premises in their
responsible for the plateglass, ifLessee chooses not
current condition at the start of the lease term
to buy insurance to cover plate glass, Lessee agrees
reasonable wear and tear excepted, in the same
to be fmancially reponsible for the plate glass. All
condition as when Lessee takes possession, allowing
public liabilityand property damage insurance shall
for reasonable use and wear.
name Lessor as a dditionalinsured, and Lessee shall
Any alterationto the property and any fixture or
furnish Lessor with copies of said insurance pohotes
other thing attached to the building shall become at
prior to the commencement of the term ofthis Lease
once a part of the realty and belong to Lessor.
and upon renewals of said pohcies.
Lessee agrees to surrender the premises to the
Lessor sha maintam on the building and other
Lessor at the end of the lease term, Lessee agrees
improvements m which the Premises are located, a
not remove any fixtures,nor any other thing affixed
policy of standard fire and extended coverage
or attached on the wall, ceiling,floor, or building in
insurance with vandalism and makelous mischief
any way.
endorsements, to the extent of at leasteightypercent
(80%) of theirinsurable value.
Section 12: Lessor's Right To Inspect. Repair, and
Lessee shallreimburse Lessor premiums paid by
Maintain Premises
Lessor for maintaining insurance required by the
Lessor reserves the right at reasonable times to
preceding paragraph. Reimburscreent shall be made
enter the premises to inspect them, perform required within after
by Lessee thirty (30) days Lessee
maintenance and repair, or make additions or a of
receives copy the premium notice. Lessee's
alterations to any part of the buildings, and Lessee obligation to the costs
pay insurance shall be
agrees to permit Lessor to do so. Lessor may, in prerated for partial
any year atthe commencement
connection with such alterations, additions, or and expiration of the term of thisLease.
repairs, erect scaffolding, fences, and similar Lessor and Lessee and allparties under
claiming
structures, post notices, and place moveable them release and discharge each
hereby mutually
equipment without any obligation to reduce Lessee's other claims
from all and liabilities
arising or caused
rent for the premises during such period, and damage or loss on
by any the Premises covered by
without incurring to
liability Lessee for disturbance or or caused
insurance, arising by any activities
of quiet enjoyment of the premises, or loss of conducted on the Premises or conducted in
occupation of the premises. connection with the Premises insurance
covered by
to the extent of actual insurance proceeds received,
Section 13: Insurance
regardless of the cause of the damage or loss. The
Lessee at itscost shall mainta½ publicliability waiver of subrogation contained herein specifically
and property damage insurance with limits
liability of excludes any deductible portion of insurance
not less than Two Million Dollars ($2,000,000) per coverage and applies only to that portion of an
occurrence, One Million Dollar ($1,000,000) per insurefuss which is actuallycollected by the Lessor
Yuen Hsiang Lu, Lessor
and Wen Fu Lu and Li Hua Lu, Lessee.
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021
and Lessee, respectively, from insurance carriers. interestin thislease isnot assignable by operation of
Lessor and Lessee shall acquire appropriate law, nor isany assignment of Lessee's interest.
endorsement to all policiesof insurance carried by Lessee, however, shallhave the rightto sublease
the respective parties. any part of the premises to Sub-Lessee. Lessee shall
Prior to the commencemêñt of the term hereof, remain fullyliablefor any and allterms contained in
Lessee shall deliver to Lessor a copy of such policy thislease. Lessee shallfirst obtain Lessor's express
or policies, or certificateof insurance in the case of written consent. Lessor agrees that such consent
blanket coverage, together with satisfactory shall not be unreasonably or arbitrarily refused.
evidence that the policy or policies is or are infull Lessee agrees thatthe provisions of the Sub-Lease
force and effect on commencement date of this are subject to the term restrictions of this original
Lease. Lessee agrees to obtain a written obligation lease.
from the insurers to notify Lessor inwriting atleast Lessor shallhave the rightto transfer and assign,
30 days prior to cancellation or refusal to renew, or in whole or in part, all and every part of Lessor's
change in the coverage, scope, or amount of any rights and obligations under this lease and in the
such policies.Lessee agrees that,ifsuch insurance premises and improvements. Such transfers or
policies are not kept in force during the entire term assignments may be made to either a corporation,
of this lease and any extension of this lease,Lessor trust company, individual or group of individuals,
may procure the necessary insurance, pay the and however made, are to be in allthings respected
premium therefor, and that such premium shallbe and recognized by Lessee.
repaid to Lessor as an additional rent installment the
month following the date such premium ispaid. Section 15: Eminent Domain Proceedings
Lessor shall not be liable to Lessee for any Eminent domain proceedings resulting in the
damage to Lessee or Lessee's property, and Lessee
condemnation of a partofthe premises leased herein
waives all claims agamst Lessor for damage to
that leave the rest usable by Lessee forpurposes of
person or property from any cause. Lessee shallhold
the business for which the premises are leased will
Lessor harmless from alldamages arising out of any not terminate this lease. The effect of such
damage to any person or property occurrmg m, on,
condemnation, should such option not be exercised
or about the premises and the building. Lessee's
willbe to terminate the lease as to the portion of the
obligation under this section to ademnify and hold
premises condemned, and leave itin effectas to the
Lessor hanniess shall be limited to the sum that
remainder of the premises. Lessee's rental for the
exceeds the amount of insurance proceeds, if any, remainder of the lease term shall in such case be
received by the Lessor'
reduced by the amount that the useMness of the
Said insurance to be provided by an insurance
premises to Lessee for such business purposes is
company authorized to do busmess m the State of
reduced. All compensation awarded as a result of
New York, with a financial rating of at leastan A +
such condemnation shall be Lessor's. Lessee
3A hereby
status as rated m the most recent edition of
assigns and transfers toLessor any claimLessee
Best may
s Insurance Reports.
have to compensation as a result of such
condemnation.
Section 14: Assignment or Sublease
Lessee shall not have the right or power to Section 16: Defaults
assign or transfer thislease or any provision thereof
The occurrence of any of the following shall
Any assigreñêñt or transfer by Lessee shallbe void
constitute a default and material breach of this
and shall automatically terminate thislease. Lessee's
Lease:
Yuen Hsiang Lu, Lessor
. . T-A-and Wen Fu Lu and Li Hua Lu, Lessee.
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021
16,1 A failure by Lessee to pay the rent, premises, for any term, without terminating thelease
including any additional rent or to make any other at such rent and on such terms as Lessor may
payment required to be made by Lesseehereunder choose. Lessor may make alterations and repairsto
on the date such payment is due and owing; Any the premises.
lapse of required insurance coverage shall also 17.3.1 Liability of Lessee on Reletting.
constitute a default. Lessee shall be liable to Lessor in addition to
16.2 The making by Lessee of any general Lessee's other liabilityfor breach of the leasefor all
assignment for the benefit of creditors; Filingby or expenses of reletting, and for allexpenses of the
against Lessee of a petition for reorganization or alterations and repairs made, which Lessor may
arrangement under any law relating to bankruptcy, incur. In addition Lessee shallbe liable to Lessor for
unless,in the case of a petition filedagainst Lessee the dinerence between the rent received by Lessor
itis dismissed within sixty (60) days; Appointment under the reletting and the rentinstallments that are
of a trustee or receiver to take possession of dueforthe same period under this lease.
substatially all of Lessee's assets 10cated at the 17.3.2 Application of Rent on Reletting.
leased Premises or of Lessee's interest in thisLease, Lessor at Lessor's option may apply the rent
where possession is not restored to Lessee within received from reletting the premises to reduce
thirty (30) days; or Attachment, execution or other Lessee's indebtedness other than for rent to Lessor
judicial seizure of substantially allof Lessee's assets under the lease, to expenses of the reletting and
located at the leased Premises or of Lessee's interest alterations and repairs made; or to payment of rent
in this lease, where such seizure is not discharged due under thislease.
within thirty (30) days. 17.4 Ifthe new Lessee does not pay a rent
16.3 A failure of Lessee to cemply with any installment promptly to Lessor, and the rent
term, covenant or condition of thisLease. installment has been credited in advance of payment
16.4 The abandonment of the leased Premises to Lessee's indebtedness other than rent,or ifrentals
by Lessee. from the new Lessee have been otherwise applied by
Lessor as provided for herein, and during any rent
Section 17: Lessor's Remedies on Lessee's Breach installment period are less than the rentpayable for
the corresponding installment period under this
If Lessee breaches thislease, Lessor shall have
lease, Lessee agrees to pay Lessor the deficiency
the following remedies inaddition to the other rights
separately for each rent installment deficiency
and remedies in such event:
penod, before the end of that period.
17.1 Reentry. Lessor may reenter the
Lessor may at any time after such reletting
premises immediately, and remove all Lessee's
terminate thislease for the brea ch because of which
personnel and property from the premises. Lessor
Lessor reentered and relet.
may store the property in a public warehouse or at
Lessor may recover from Lessee on terminating
another place of Lessor's choosing at Lessee's
thelease forLessee's breach all
damages proximately
expense or to Lessee's account.
resulting from the breach, including the cost of
17.2 Tennination. After reentry, Lessor
days' ecovenng the premises, which sum shall be
may terminate the lease on giving 30 written
immediately due to Lessor from Lessee.
notice of such termination to Lessee. Reentry only,
without notice of termination, will not terminate the
Section 18: Construction of thisDocument
lease.
17.3 Reletting Piercises. After reentering, Wherever the singular number is used herein,the
Lessor may relet the premises or any part of the same may include the plural if the context so
9 Yuen Hsiang Lu, Lessor
CA-., and . Wen Fu Lu and Li Hua Lu, Lessee.
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946
NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021
requires, and any gender used herein may likewise such breach. No provision of this Lease shall be
include any other gender. Paragraph and Section deemed to have been waived unless such waiver is in
headings contained herein are for convenience only writing signed by Lessor. No payment by Lessee or
and shallinno way limit or restrictthe interpretation receipt by Lessor of a lesser amount than the
to be placed upon any word or phrase following monthly rent shan be deemed to be other than on
each heading. account ofthe earliestrent then unpaid nor shallany
This instrument contains the entire agreement endorsement or statement on any check or any letter
between the partiesand may not be modified orally accompanying any such check or payment as rentbe
or in any manner other than an agreement inwriting deemed an accord and satisfaction. Lessor may
signed by all parties hereto or their respective accept such check or payment as rent without
successors in interest. prejudice to Lessor's right to recover the balance of
such rent or pursue other r
Preview
FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021 DEFENDANT'S EXH IT COMMERCIAL LEASE ---r- Section 1:Parties Lessee agrees to pay said rent amounts without deduction or offset, in lawful money of the United This leaseismade and executed intriplicate States of America, in advance on the first day of by and between Yuen Hsiang Lu of 4 Christian each month during the term ofthe lease to Lessor at Court, Albany, NY 12203, called Lessor, Wen Fu the Lessor's address or to such other person(s) at Lu with an address c/o 4 Christian Court, Albany, such other place(s) as Lessor may from time totime NY 12203 and Li Hua Lu with an address of 4 designate m wnting. Christian Court, Albany, NY 12203, called Lessee. If the rent is over seven (7) days late, a late charge of $150 willbe added to the amount due for Section 2: Description of Premises rent. A check dishonored for any reason shall be Lessor leases to Lessee, as provided, the considered a late and if not honored on payment; premises located at 175 SouthBroadway, in theCity Lessee cashier's redeposit, must pay by certified, of Saratoga Springs, County of Saratoga, State of check or order. payment is notreceived money If by New York, consisting of a conunercial property, Lessor the last of the month for which said by day including land and parking lot, with Tax Map rent payment is interest at the rate of one and due, Identification S/B/L No. 165.83-1-26.1· one halfpercent per month shall be assessed (1.5%) on allunpaid rent and shallbe due and payable as Section 3: Term. Rent. 1Wht of FirstRefusal and additional rent. Assumption of Indebtedness It isalso agreed that Lessor or subsequent any The term of this lease is TEN years owner ofthe premises shallbe entitled to transfer or (10) on JULY 1 2003 and on TUNE sellthe property subject to this lease. beginning , ending 30, 2013. Lessor hereby forgives Lessee SIX (6) months The base rent is TBREE- base rent beginning on the second month. Hence, monthly THOUSAND FIVE-HUNDRED DOLLARS Lessee shallresume paying the base rent on the eight per month. The firstmonths rent isdue month. ($3,500?) on or before July 1,2003. The base rent shall at THREE. Section 4: Security stay THOUSAND FIVE-HUNDRED DOLLARS Lessee shall a FIFTY-THOUSAND pay ($3,500 ) per month, for the THREE first (3)year DOLLAR deposit to Lessor. (S50,000?) security and increase seven percent (7%) per year by TWENTY-THOUSAND DOLLARS ($20,000.00) thereafter· on and signing this lease, THIRTY-THOUSAND [07/01/03 -06/30/06 = $3,500.00 per month, DOLLARS on or before ($30,000.00) Iuly 1, 2003. 07/01/06 - 06/30/07 = $3,745,00 per month, Lessor shall not be required to segregate the 07/01/07 - 06/30/08 = $3,932.25 per month, deposit from other funds and no interest security 07/01/08 - 06/30/09 = $4,128.86 per month, shall accrue or be payable with respect to it. After 07/01/09 - 06/30/10 = $4,335.31 per month, Lessee vacates, and Lessor has inspected the 07/01/10 - 06/30/11 = $4,552.07 per month, premises, if Lessee has complied with this fully 07/01/11 - 06/30/12 = $4,779.67 per month, agreement Lessor shallreturn the deposit. 07/01/12 - 06/30/13 = $5,018.66 per month] No or which now or security guaranty may &NÊr uen Hsiang Lu, Lessor /./ and 7 dÅ( Wen Fu Lu and Li Hua Lu, Lessee. FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021 subsequently befurnished Lessor for the payment of electricity,gas, oil,water supply, garbage dispeal, the rent or for performance by Lessee of the other sewer services, telephoñe service, etc. Lessee will covenants or conditions of thislease shallin any way submit to Lessor copies of water billsand proof of be a bar or defense to any eviction action, action in payment thereof every quarter. Lessor may pay any unlawful detaiñer, or other action for therecovery of overdue utilitybillsand Lessee willrepay Lessor the the premises, or to any action which Lessor may at amount(s) paid as additional rent, due on the date(s) any time commence for a breach of any of the on which such payments are made. covenants or conditions of thislease. Lessee shallpay allproperty taxes and general and special assessments assessed on the premises for Section 5: Use of Premises the term of thislease, including without limitation, city,county, state,school, library,sewer and water . The premises are leased to be used as any taxes and assessments. On receipt, Lessor will Pennissible Uses allowed and approved by the City submit to Lessee copies of the property tax and of Saratoga Springs, New York. Lessee agrees to assessment billsand calculation ofthe amount to pay restricttheir use to such purposes, and not to use or on a monthly basis which Lessor will hold together pennit the use of, theprernises for any other purpose with the security deposit so that Lessor will have without firstobtaining the consent in writing of enough funds to pay the tax billsin a timely fashion. Lessor. The amounts due shallbe considered additional rent Lessee shall not create or allow any nuisance, and any failureto make timely payment thereof shall public or private, to exist on the premises, or use or constitute a default ofthis lease. allow the premises to be used for any immoral, unlawful, or objectionable purpose. Lessee shallnot . Section 7: Repairs and Maintenance perform or permit any act orthing of any kind on the premises that may disturb the peace or cause Lessee, atLessee's own expense, shall maintain unreasonable annoyance to any neighbor or other and keep the interior and exterior of the premises, person. Lessee shallnot nor allow to be without limitation - gas commit, including electric, lines, committed, any waste on.the premises. plumbing, water pipes, water tanks, water heaters, No use shall be made or permitted to be made of drains, grease trap, septic system, exhaust fans, the premises, nor acts done, that willincrease the heating and cooling systems, the kitchen Ansul existing rate ofinsuranceupon the building, or cause system, fire extinguishers, windows, plate glass, a cancellation of any insurance policy covering such doors, ceilings,floors, interiorand exterior walls and building, or any part of it,nor shall Lessee sell,or roofs in good working order, repair and condition. pennit to be kept, used, or sold, in or about the Lessee willbe responsible for eradication of insects premises any article that may be prohibited by the and other pests, and also forlandscaping including standard form offire insurance policies.Lessee shall, signs.Lessee shall regularly maintain the parking lot at Lessee's sole cost and expense, comply with any by sealing the pavement as needed but not less than and allrequirements, pertaining to the premises, of every three (3) years and submit to Lessor proof of any insurance organization or company necessary for payment thereof. the maintenance of fireand public insurance liability IfLessee neglects or refuses to properly perfonn covering buildings and appurtenances. regular maintenance, or make repairs, replacement or pest control, Lessor has the right to pay a third Section 6: Payments of Utilitiesand Property Tax party to perform same and charge Lessee the cost plus ten percent(10%) for overhead and supen ision Lessee shall pay for all utilitiesfurnished the as additional rent forthe month following the date premises for the term of this ease, including on which such payments are paid, Yuen Hsiang Lu, Lessor and Wen Fu Lu and Li Hua Lu, Lessee. . FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021 Mechanics' Section 8: Fire,Accident or other Casualty Section 9: Afterations. Liens Lessee must give Lessor prompt notice of fire, During the term ofthis lease,Lessee, at Lessee's accident, damage or dangerous or defective own expense, shall pay forany alteration,addition, condition. IfthePremises cannot be used because of improvement or other change to the property. Any fireor other casualty, Lessee isnot required to pay alteration to the property and any fixture or other rent for the time the Premises are unusable. If only thing attached to the building shall become at once part of the Premises cannot be used, Lessee must a partofthe realty and belong to Lessor. At the end pay rent for the usable part Lessor need only repair of the lease, Lessee must not remove any fixtures, the damaged structural parts ofthe Premises. Lessor nor any other thing affixed or attached on the wall, is not required to repair or replace any equipment, ceiling,floor, or building inany way. fixtures, furnishings or decorations. As long as Lessee shall keep the premises and the building Lessor isproceeding with reasonable due diligence, free from any liens arising out of any work Lessor is not responsible for delays due to settling performed, material furnished, or obligations insurance claims, obtaining estimates, labor and incurred by Lessee. Lessee agrees that if Lessee supply problems or other causes not fully under hires any labor or buys any materials for making any Lessor's control. alterations of the premises, Lessee willhire or buy Ifa fireor casualty iscaused by an act or neglect suchlabor or materials in such a way that Lessor will mechanics' ofLessee, Lessee's employees or invitees,or the fire avoid any possible liabilityfor liens or or other casualty arises out of the Lessee's use or other such claims, occupancy of the demised Premises or conduct of business therein, without regard to fault or neglect, Section 10: Compliance with Law or at the time of the fire or casualty Lessee is in Lessee shall, atits solecost and expense, comply default in any term ofthis Lease, then allrepairswill with and faithfullyobserve alllaws, codes, orders, be made at Lessee's expense and Lessee must pay mles, directions and ordinances pertaining to the fullrent with no adjustment. Lessee's use of the premises of allgovernmental Lessor has the right to demolish or rebuild the authorities, property owners associations, insurance Building if there is substantial damage by fire or carriers, Board of Fire Underwriters, etc. Lessee other casualty. Lessor may cancel this Lease witiun shallget any and allapprovals, licenses,and permits 30 days after the substantial fire or casualty by required to open and operate Lessee's business on giving Lessee notice of Lessor's mtention to the property. Lessor is not responsible for demolish or rebuild. Lessor shall determine what compliance with any laws, codes or ordinances constitutes substantial fire or casualty. The Lease applicable to eitherthereal property orbuilding. The wdl end 30 days afterLessor's cancellation notice to judgment of any court of competent jurisdiction, or Lessee. Lessee must deliver the Premises to Lessor the admission ofLessee in any action or proceeding on or before the cancellation date m the notice and against Lessee, whether Lessor be a party to it or pay all rentdue to the date of the fireor casualty. If not, that Lessee has violated any law in the use of the Lease is canceled, Lessor is not required to the premises shall be conclusive of that fact as repair the Premises or Building. The cancellation between Lessor and Lessee. Without limiting the does not release Lessee of liabilityin connection generality of the foregoing, duties of Lessee under with the fire or casualty. This Section ismtended to this provision shall include the maintaining and replace the terms of New York Real Property Law making of any alterations of the premises as may be Section 227. required by law by reason of the particular manner or mode of use of the premises by Lessee, or . Yuen Hsiang Lu, Lessor and Wen Fu Lu and Li Hua Lu, Lessee. FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021 occasioned by reason of the failure of Lessee to occurrence per person, and covering property maintain or repair the premises as required under damage limits of not less than Five Hundred this lease. Thousand Dollars ($500,000), insuring against all liabilityof Lessee and its authorized representatives Section 11: Acceptance. Possession and Surrender arising out of and in connection with the Lessee's of Premises use and occupancy of the Premises. Lessee shall maintain business interruption insurance, to assure Lessor agrees to deliver possession of the the payments of the base rent and additional rent premises as is atthe startof the lease term. Lessee hereunder. Lessee agrees to be financially agrees to accept, possession of the premises in their responsible for the plateglass, ifLessee chooses not current condition at the start of the lease term to buy insurance to cover plate glass, Lessee agrees reasonable wear and tear excepted, in the same to be fmancially reponsible for the plate glass. All condition as when Lessee takes possession, allowing public liabilityand property damage insurance shall for reasonable use and wear. name Lessor as a dditionalinsured, and Lessee shall Any alterationto the property and any fixture or furnish Lessor with copies of said insurance pohotes other thing attached to the building shall become at prior to the commencement of the term ofthis Lease once a part of the realty and belong to Lessor. and upon renewals of said pohcies. Lessee agrees to surrender the premises to the Lessor sha maintam on the building and other Lessor at the end of the lease term, Lessee agrees improvements m which the Premises are located, a not remove any fixtures,nor any other thing affixed policy of standard fire and extended coverage or attached on the wall, ceiling,floor, or building in insurance with vandalism and makelous mischief any way. endorsements, to the extent of at leasteightypercent (80%) of theirinsurable value. Section 12: Lessor's Right To Inspect. Repair, and Lessee shallreimburse Lessor premiums paid by Maintain Premises Lessor for maintaining insurance required by the Lessor reserves the right at reasonable times to preceding paragraph. Reimburscreent shall be made enter the premises to inspect them, perform required within after by Lessee thirty (30) days Lessee maintenance and repair, or make additions or a of receives copy the premium notice. Lessee's alterations to any part of the buildings, and Lessee obligation to the costs pay insurance shall be agrees to permit Lessor to do so. Lessor may, in prerated for partial any year atthe commencement connection with such alterations, additions, or and expiration of the term of thisLease. repairs, erect scaffolding, fences, and similar Lessor and Lessee and allparties under claiming structures, post notices, and place moveable them release and discharge each hereby mutually equipment without any obligation to reduce Lessee's other claims from all and liabilities arising or caused rent for the premises during such period, and damage or loss on by any the Premises covered by without incurring to liability Lessee for disturbance or or caused insurance, arising by any activities of quiet enjoyment of the premises, or loss of conducted on the Premises or conducted in occupation of the premises. connection with the Premises insurance covered by to the extent of actual insurance proceeds received, Section 13: Insurance regardless of the cause of the damage or loss. The Lessee at itscost shall mainta½ publicliability waiver of subrogation contained herein specifically and property damage insurance with limits liability of excludes any deductible portion of insurance not less than Two Million Dollars ($2,000,000) per coverage and applies only to that portion of an occurrence, One Million Dollar ($1,000,000) per insurefuss which is actuallycollected by the Lessor Yuen Hsiang Lu, Lessor and Wen Fu Lu and Li Hua Lu, Lessee. FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021 and Lessee, respectively, from insurance carriers. interestin thislease isnot assignable by operation of Lessor and Lessee shall acquire appropriate law, nor isany assignment of Lessee's interest. endorsement to all policiesof insurance carried by Lessee, however, shallhave the rightto sublease the respective parties. any part of the premises to Sub-Lessee. Lessee shall Prior to the commencemêñt of the term hereof, remain fullyliablefor any and allterms contained in Lessee shall deliver to Lessor a copy of such policy thislease. Lessee shallfirst obtain Lessor's express or policies, or certificateof insurance in the case of written consent. Lessor agrees that such consent blanket coverage, together with satisfactory shall not be unreasonably or arbitrarily refused. evidence that the policy or policies is or are infull Lessee agrees thatthe provisions of the Sub-Lease force and effect on commencement date of this are subject to the term restrictions of this original Lease. Lessee agrees to obtain a written obligation lease. from the insurers to notify Lessor inwriting atleast Lessor shallhave the rightto transfer and assign, 30 days prior to cancellation or refusal to renew, or in whole or in part, all and every part of Lessor's change in the coverage, scope, or amount of any rights and obligations under this lease and in the such policies.Lessee agrees that,ifsuch insurance premises and improvements. Such transfers or policies are not kept in force during the entire term assignments may be made to either a corporation, of this lease and any extension of this lease,Lessor trust company, individual or group of individuals, may procure the necessary insurance, pay the and however made, are to be in allthings respected premium therefor, and that such premium shallbe and recognized by Lessee. repaid to Lessor as an additional rent installment the month following the date such premium ispaid. Section 15: Eminent Domain Proceedings Lessor shall not be liable to Lessee for any Eminent domain proceedings resulting in the damage to Lessee or Lessee's property, and Lessee condemnation of a partofthe premises leased herein waives all claims agamst Lessor for damage to that leave the rest usable by Lessee forpurposes of person or property from any cause. Lessee shallhold the business for which the premises are leased will Lessor harmless from alldamages arising out of any not terminate this lease. The effect of such damage to any person or property occurrmg m, on, condemnation, should such option not be exercised or about the premises and the building. Lessee's willbe to terminate the lease as to the portion of the obligation under this section to ademnify and hold premises condemned, and leave itin effectas to the Lessor hanniess shall be limited to the sum that remainder of the premises. Lessee's rental for the exceeds the amount of insurance proceeds, if any, remainder of the lease term shall in such case be received by the Lessor' reduced by the amount that the useMness of the Said insurance to be provided by an insurance premises to Lessee for such business purposes is company authorized to do busmess m the State of reduced. All compensation awarded as a result of New York, with a financial rating of at leastan A + such condemnation shall be Lessor's. Lessee 3A hereby status as rated m the most recent edition of assigns and transfers toLessor any claimLessee Best may s Insurance Reports. have to compensation as a result of such condemnation. Section 14: Assignment or Sublease Lessee shall not have the right or power to Section 16: Defaults assign or transfer thislease or any provision thereof The occurrence of any of the following shall Any assigreñêñt or transfer by Lessee shallbe void constitute a default and material breach of this and shall automatically terminate thislease. Lessee's Lease: Yuen Hsiang Lu, Lessor . . T-A-and Wen Fu Lu and Li Hua Lu, Lessee. FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021 16,1 A failure by Lessee to pay the rent, premises, for any term, without terminating thelease including any additional rent or to make any other at such rent and on such terms as Lessor may payment required to be made by Lesseehereunder choose. Lessor may make alterations and repairsto on the date such payment is due and owing; Any the premises. lapse of required insurance coverage shall also 17.3.1 Liability of Lessee on Reletting. constitute a default. Lessee shall be liable to Lessor in addition to 16.2 The making by Lessee of any general Lessee's other liabilityfor breach of the leasefor all assignment for the benefit of creditors; Filingby or expenses of reletting, and for allexpenses of the against Lessee of a petition for reorganization or alterations and repairs made, which Lessor may arrangement under any law relating to bankruptcy, incur. In addition Lessee shallbe liable to Lessor for unless,in the case of a petition filedagainst Lessee the dinerence between the rent received by Lessor itis dismissed within sixty (60) days; Appointment under the reletting and the rentinstallments that are of a trustee or receiver to take possession of dueforthe same period under this lease. substatially all of Lessee's assets 10cated at the 17.3.2 Application of Rent on Reletting. leased Premises or of Lessee's interest in thisLease, Lessor at Lessor's option may apply the rent where possession is not restored to Lessee within received from reletting the premises to reduce thirty (30) days; or Attachment, execution or other Lessee's indebtedness other than for rent to Lessor judicial seizure of substantially allof Lessee's assets under the lease, to expenses of the reletting and located at the leased Premises or of Lessee's interest alterations and repairs made; or to payment of rent in this lease, where such seizure is not discharged due under thislease. within thirty (30) days. 17.4 Ifthe new Lessee does not pay a rent 16.3 A failure of Lessee to cemply with any installment promptly to Lessor, and the rent term, covenant or condition of thisLease. installment has been credited in advance of payment 16.4 The abandonment of the leased Premises to Lessee's indebtedness other than rent,or ifrentals by Lessee. from the new Lessee have been otherwise applied by Lessor as provided for herein, and during any rent Section 17: Lessor's Remedies on Lessee's Breach installment period are less than the rentpayable for the corresponding installment period under this If Lessee breaches thislease, Lessor shall have lease, Lessee agrees to pay Lessor the deficiency the following remedies inaddition to the other rights separately for each rent installment deficiency and remedies in such event: penod, before the end of that period. 17.1 Reentry. Lessor may reenter the Lessor may at any time after such reletting premises immediately, and remove all Lessee's terminate thislease for the brea ch because of which personnel and property from the premises. Lessor Lessor reentered and relet. may store the property in a public warehouse or at Lessor may recover from Lessee on terminating another place of Lessor's choosing at Lessee's thelease forLessee's breach all damages proximately expense or to Lessee's account. resulting from the breach, including the cost of 17.2 Tennination. After reentry, Lessor days' ecovenng the premises, which sum shall be may terminate the lease on giving 30 written immediately due to Lessor from Lessee. notice of such termination to Lessee. Reentry only, without notice of termination, will not terminate the Section 18: Construction of thisDocument lease. 17.3 Reletting Piercises. After reentering, Wherever the singular number is used herein,the Lessor may relet the premises or any part of the same may include the plural if the context so 9 Yuen Hsiang Lu, Lessor CA-., and . Wen Fu Lu and Li Hua Lu, Lessee. FILED: SARATOGA COUNTY CLERK 09/03/2021 12:04 PM INDEX NO. 20162946 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 09/03/2021 requires, and any gender used herein may likewise such breach. No provision of this Lease shall be include any other gender. Paragraph and Section deemed to have been waived unless such waiver is in headings contained herein are for convenience only writing signed by Lessor. No payment by Lessee or and shallinno way limit or restrictthe interpretation receipt by Lessor of a lesser amount than the to be placed upon any word or phrase following monthly rent shan be deemed to be other than on each heading. account ofthe earliestrent then unpaid nor shallany This instrument contains the entire agreement endorsement or statement on any check or any letter between the partiesand may not be modified orally accompanying any such check or payment as rentbe or in any manner other than an agreement inwriting deemed an accord and satisfaction. Lessor may signed by all parties hereto or their respective accept such check or payment as rent without successors in interest. prejudice to Lessor's right to recover the balance of such rent or pursue other r