Preview
FILED: NEW YORK COUNTY CLERK 06/27/2022 12:36 PM INDEX NO. 161105/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/27/2022
27
GUY"
"GOOD GUARANTEE OF LEASE
"GOOD GUY"
THE TERMS OF THIS GUARANTEE SHALL NOT APPLY UNLESS
TENANT IS NOT IN DEFAULT OF ANY OF ITS OBLIGATIONS UNDER THE LEASE.
In order to induce the aforesaid Owner to enter into this Lease and for other valuable
considerations, the receipt of which is hereby acknowledged, NADA VASILUEVIC, an individual
Pi out Street, #14, Brooklyn, NY 112001, whose Social Security number is
# and JOSEPH W. FOLEY , an individual residing at 56 Pi
#14, n, NY 112001, whose Social Security number is
(collectively the "Guarantor"), hereby makes the following guarantee and agreement with m
favor of Owner and its respective legal representations and assigns. The following personal
guarantee is the only provision of the Lease to which the Guarantor is personally liable, unless
provided for elsewhere in the Lease, as all other provisions, clauses and terms of this Lease are
binding upon the Tenant
A. The undersigned guarantees to Owner, its successors and assigns, that he/she
will advise Owner of Tenant's intention to vacate the Demised Premises a minimum of six (6)
months in advance and that he/she will pay to Owner all Minimum Rent, Additional Rent and any
and all other charges that have accrued or may accrue under the terms of the Lease (hereinafter
collectively referred to as "Accrued Rent"), to the latest date that Tenant and its assigns and
sublessees, if any, will have completely performed the following:
1. Vacated and surrendered the Demised Premises in broom clean condition
to Owner pursuant to the terms of the Lease, and
2. Delivered the keys to the Demised Premises to Owner, and
3. Paid to Owner all Accrued Rent to and including the date which is the
later of (a) the actual receipt by Owner of said Accrued Rent, (b) the surrender of the Demised
Premises, or (c) receipt by Owner of the keys to the Demised Premises.
B. The undersigned guarantees to Owner, its successors and assigns that he/she will
pay to Owner any damages, including legal fees, suffered or incurred by Owner as a result of
Tenant holding-over in the Demised Premises after the expiration or sooner termination of the term
of this Lease.
C. It is agreed that any security deposited under Article 32 of the Lease shall not be
computed as a deduction from any amount payable by Tenant or Guarantor under the terms of this
Guarantee of Lease.
D. This Guarantee is absolute and unconditional and is a Guarantee of payment and
not of collection. The parties hereto waive all notice of nonpayment, nonperformance,
nonobservance or proof, or notice, or demand, whereby to charge the undersigned therefor, all of
which the undersigned expressly waives, and expressly agrees that the validity of this Guarantee,
and the obligation of the Guarantor hereto shall in no wise be terminated, affected or impaired by
reason of the assertion by Owner against Tenant of any of the rights or remedies reserved to Owner
pursuant to the performance of the within Lease. The undersigned further covenants and agrees
that this Guarantee shall remain and continue in full force and effect as to any renewal,
modification or extension of this Lease and during any period when Tenant is occupying the
tenant"
premises as a "statutory (including, but not limited to a month-to-month tenancy). As a
further inducement to Owner to make this Lease and in consideration thereof, Owner and the
undersigned covenant and agree that in any action or proceeding brought by either Owner or the
undersigned against the other on any matters whatsoever arising out of, under, or by virtue of the
terms of this Lease or of this Guarantee, that Owner and undersigned shall and do hereby waive
trial by jury.
E. Notwithstanding the foregoing, Guarantor shall not have the ability to exercise
notification as outlined to Owner until after the expiration of the thirteenth
its six (6) month (135)
COMMERCIAL USE ONLY-NO LMNG ALLOWED
FILED: NEW YORK COUNTY CLERK 06/27/2022 12:36 PM INDEX NO. 161105/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/27/2022
28
month of the Lease term. Therefore, Guarantor's obligation hereunder shall include the full
payment of Fixed and Additional Rent due and payable to Owner during the first thirteen (13)
months ofthe Lease ("Initial Guarantee"). After the expiration of the Initial Guarantee period with
all of the then due Fixed and Additional Rent paid to Owner, Guarantor may exercise its six (6)
month notification to Owner as outlined herein. In the event Guarantor or Tenant fails to pay
monthly Rent timely or fails to vacate the premises within the six month notification period, this
guarantee will remain in effect for the entire Lease term or until all guaranteed Rent is paid to
Owner whichever comes last
F. This Guarantee shall be construed in accordance with the Laws of the State of
New York.
INWITNESS WHEREOF the undersigned has set his/her hand this day
of Vp , 2021.
By: NADA VAS JEVIC
'®
Notary Public, State of
By. OSEP W. OLEY
Swornto oreme hi
day of v
Public, State of .. At *+,
Notary
COMMERCIAL USE ONLY - NO LMNG ALLOWED
Preview
FILED: NEW YORK COUNTY CLERK 06/27/2022 12:36 PM INDEX NO. 161105/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/27/2022 27 GUY" "GOOD GUARANTEE OF LEASE "GOOD GUY" THE TERMS OF THIS GUARANTEE SHALL NOT APPLY UNLESS TENANT IS NOT IN DEFAULT OF ANY OF ITS OBLIGATIONS UNDER THE LEASE. In order to induce the aforesaid Owner to enter into this Lease and for other valuable considerations, the receipt of which is hereby acknowledged, NADA VASILUEVIC, an individual Pi out Street, #14, Brooklyn, NY 112001, whose Social Security number is # and JOSEPH W. FOLEY , an individual residing at 56 Pi #14, n, NY 112001, whose Social Security number is (collectively the "Guarantor"), hereby makes the following guarantee and agreement with m favor of Owner and its respective legal representations and assigns. The following personal guarantee is the only provision of the Lease to which the Guarantor is personally liable, unless provided for elsewhere in the Lease, as all other provisions, clauses and terms of this Lease are binding upon the Tenant A. The undersigned guarantees to Owner, its successors and assigns, that he/she will advise Owner of Tenant's intention to vacate the Demised Premises a minimum of six (6) months in advance and that he/she will pay to Owner all Minimum Rent, Additional Rent and any and all other charges that have accrued or may accrue under the terms of the Lease (hereinafter collectively referred to as "Accrued Rent"), to the latest date that Tenant and its assigns and sublessees, if any, will have completely performed the following: 1. Vacated and surrendered the Demised Premises in broom clean condition to Owner pursuant to the terms of the Lease, and 2. Delivered the keys to the Demised Premises to Owner, and 3. Paid to Owner all Accrued Rent to and including the date which is the later of (a) the actual receipt by Owner of said Accrued Rent, (b) the surrender of the Demised Premises, or (c) receipt by Owner of the keys to the Demised Premises. B. The undersigned guarantees to Owner, its successors and assigns that he/she will pay to Owner any damages, including legal fees, suffered or incurred by Owner as a result of Tenant holding-over in the Demised Premises after the expiration or sooner termination of the term of this Lease. C. It is agreed that any security deposited under Article 32 of the Lease shall not be computed as a deduction from any amount payable by Tenant or Guarantor under the terms of this Guarantee of Lease. D. This Guarantee is absolute and unconditional and is a Guarantee of payment and not of collection. The parties hereto waive all notice of nonpayment, nonperformance, nonobservance or proof, or notice, or demand, whereby to charge the undersigned therefor, all of which the undersigned expressly waives, and expressly agrees that the validity of this Guarantee, and the obligation of the Guarantor hereto shall in no wise be terminated, affected or impaired by reason of the assertion by Owner against Tenant of any of the rights or remedies reserved to Owner pursuant to the performance of the within Lease. The undersigned further covenants and agrees that this Guarantee shall remain and continue in full force and effect as to any renewal, modification or extension of this Lease and during any period when Tenant is occupying the tenant" premises as a "statutory (including, but not limited to a month-to-month tenancy). As a further inducement to Owner to make this Lease and in consideration thereof, Owner and the undersigned covenant and agree that in any action or proceeding brought by either Owner or the undersigned against the other on any matters whatsoever arising out of, under, or by virtue of the terms of this Lease or of this Guarantee, that Owner and undersigned shall and do hereby waive trial by jury. E. Notwithstanding the foregoing, Guarantor shall not have the ability to exercise notification as outlined to Owner until after the expiration of the thirteenth its six (6) month (135) COMMERCIAL USE ONLY-NO LMNG ALLOWED FILED: NEW YORK COUNTY CLERK 06/27/2022 12:36 PM INDEX NO. 161105/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/27/2022 28 month of the Lease term. Therefore, Guarantor's obligation hereunder shall include the full payment of Fixed and Additional Rent due and payable to Owner during the first thirteen (13) months ofthe Lease ("Initial Guarantee"). After the expiration of the Initial Guarantee period with all of the then due Fixed and Additional Rent paid to Owner, Guarantor may exercise its six (6) month notification to Owner as outlined herein. In the event Guarantor or Tenant fails to pay monthly Rent timely or fails to vacate the premises within the six month notification period, this guarantee will remain in effect for the entire Lease term or until all guaranteed Rent is paid to Owner whichever comes last F. This Guarantee shall be construed in accordance with the Laws of the State of New York. INWITNESS WHEREOF the undersigned has set his/her hand this day of Vp , 2021. By: NADA VAS JEVIC '® Notary Public, State of By. OSEP W. OLEY Swornto oreme hi day of v Public, State of .. At *+, Notary COMMERCIAL USE ONLY - NO LMNG ALLOWED