Preview
FILED: QUEENS COUNTY CLERK 05/20/2024 10:50 AM INDEX NO. 710640/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/20/2024
Exhibit C
FILED: QUEENS COUNTY CLERK 05/20/2024 10:50 AM INDEX NO. 710640/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/20/2024
FORMOFSTORELEASE
STANDARD
fit Off8ASB madeas of this
14th
day of March, 2018, between
COMJEM
ASSOCIATES
LTD, 1430 Broa ay Suite 1505, ew ork, New
ROOSEVELT, having an office c/o
78-14
York 10018 pa
LLC,
f t e first pa hereinafter referred to as OWNER
or LANDLORD,and . %A Of , having
En address at I put , , NYparty of the second part, hereinafter referred to as TENANT,
a/Jsen lW kh ground floor store premises located
5[178SS8 Ownerhereby hereby hires from Ownerthe
leases to Tenant a Tenant
at 78-14 Roosevelt Avenue (as more particularly
described on Exhibit A attached hereto and forming a part hereof), Jackson
Premises", or "demised premises") in the
Heights, NY
(hereinafter sometimes referred to as "Premises", "premises", "Demised
New York
Borough of and State of (herein
Mall Unit in the building known as 78-14 Roosevelt Avenue, in the Queens, City
"Building" for the term of ten (10) Lease Years (as herein defined) or until such term shall
sometimes referred to as or "building"),
sooner cease and expire as hereinafter provided to commenceon the Commencement Date (as herein defined), and to end on the
the annual base rental rate as set forth in the Rider annexed hereto and
Expiration Date (as herein defined), both dates inclusive, at
lawful of the United States which shall be legal tender in payment of
forming a part hereof, which
Tenant agrees to pay in money
public and the time of payment, in equal monthly installments in advance on the first day of each
all debts and dues, private, at
setoff or deduction
month during said term, at the office of Owner or such other place as Owner may designate, without any
on the execution hereof (unless this lease be a renewal).
hatsoever, except that Tenant shall pay the first monthly installment(s)
Tenant shall be default the payment of
In the event that, at the commencement of the term of this lease, or thereafter, in in
rent to Owner pursuant to the terms of another lease with Owner or with Owner's predecessor in interest, Owner may at Owner's
installment of rent payable hereunder and the
option and without notice to Tenant add the amount of such arrears to any monthly
same shall be payable to Owner as additional rent.
legal representative, successors and
The parties hereto, for themselves, their heirs, distributes, executors, administrators,
dssigns, hereby covenant as follows:
Rent: 1. Tenant shall pay the rent as above and as hereinafter provided.
Occupancy: 2. Tenant shall use and occupy the premises as a Peruvian Restaurant
and for no other purpose. Tenant shall business in a high grade and reputable manner, shall not violate
at all times conduct its
Article 37 hereof, and shall keep show windows and signs in a neat and clean condition.
Alterations: Tenant at the end of the term remaining in the premises after
3. Tenant shall make no changes in or to the premises of any Tenant's removal shall be deemed abandoned and may, at the
nature without Owner's prior written consent. Subject to the election of Owner, either be retained as Owner's property or
prior written consent of Owner, and to the provisions of this may be removed from the premises by Owner at Tenant's
article, Tenant, at Tenant's expense, may make alterations, expense.
installations, additions or improvements which are
nonstructural and which do not affect utility services or Repairs:
plumbing and electrical lines, in or to the interior of the 4. Owner shall maintain and repair portions of the
the public
premises by using contractors or mechanics first approved in building, both exterior and interior, except that if Owner
each instance by Owner. Tenant shall, before making any allows Tenant to erect on the outside of the building a sign or
dlterations, additions, or improvements,
installations at its signs, or a hoist, lift or sidewalk elevator for the exclusive use
expense, obtain all permits, approvals and certificates required of Tenant, Tenant shall maintain such exterior installations in
by any governmental or quasi-governmental bodies and (upon good appearance, shall cause the same to be operated in a
completion) certificates of final approval thereof, and shall good and workmanlike manner, shall make all repairs thereto
deliver promptly duplicates of all such permits, approvals and necessary to keep same in good order and condition, at
dertificates to Owner, and Tenant agrees to carry, and will Tenants own cost and expense, and shall cause the same to be
cause Tenant's contractors and sub-contractors to carry, such covered by the insurance provided for hereafter in Article 8.
worker's compensation, general liability, personal and property Tennant shall, throughout the term of the lease, take good care
damage insurance as Owner may require. If an mechanic's lien of the premises and the fixtures and appurtenances therein,
is filed against the premises, or the building of which the same and the sidewalks adjacent thereto, and at its sole cost and
forms a part, for work claimed to have done for, or materials expense, make all non-structural repairs thereto as and when
furnished to, Tenant, whether or not done pursuant to this needed to preserve them in good working order and condition,
article, the same shall be discharged by Tenant within 30 days reasonable wear and tear, obsolescence and damage from the
thereafter, at Tenants expense, by payment or filing a bond as elements, fire or other casualty, excepted. If the premises be
permitted by law. All fixtures and all paneling, partitions, or become infested with vermin, Tenant shall at Tenants
railings and like installations, installed in the premises at any expense, cause the same to be exterminated from time to time
time, either by Tenant or by Owner on Tenants behalf, shall, to the satisfaction of Owner. Except as specifically provided
upon installation, become the property of Owner and shall in Article 9 or elsewhere in this lease, there shall be no
remain upon and be surrendered with the premises unless allowance to the Tenant for the diminution of rental value and
Owner, by notice to Tenant no later than twenty days prior to no liability on the part of Owner by reason of inconvenience,
the date fixed as the termination of this lease, elects to annoyance or injury to business arising from Owner, Tenant
relinquish Owner's rights thereto and to have them removed by or others, making or failing to make any repairs, alterations,
Tenant, in which event, the same shall be removed from the additions or improvements in or to any portion of the
15remises by Tenant prior to the expiration of the lease, at building, including the erection or operation of any crane,
Tenants expense. Nothing in this article shall be construed to derrick or sidewalk shed, or in or to the premises or the
give Owner title to, or to prevent Tenants removal of, trade fixtures, appurtenances or equipment thereof. It is specifically
fixtures, moveable office furniture and equipment, but upon agreed that Tenant shall be not entitled to any set off or
removal of same from the premises or upon removal of other reduction of rent by reason of any failure of Ownerto comply
installations as may be required by Owner, Tenant shall with the covenants of this or any other article of this lease.
iinmediately and at its expense, repair and restore the premises Tenant agrees that Tenants sole remedy at law in such
to the condition existing prior to any such installations, and instance will be by way of an action for damages for breach of
repair any damage to the premises or the building due to such contract. The provisions of this Article 4 with respect to the
rpmoval. All property permitted or required to be removed by
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making of repairs shall. not apply in the case of fire or other reasonable diligence after written notice from the Tenant.
casualty, which are dealt with in Article 9 hereof. Owner or its agents will not be liable for any such damage
caused by other tenants or persons in, upon or about said
TVindow Cleaning: building, or caused by operations in construction of any
1 Tenant will
not clean nor require, permit, suffer or allow any private,
public· or quasi public work. Tenant agrees, at
window in premises to ,be cleaned from the outside in
the Tenant's sale cost and expense, to .maintain commercial
violation of Section 202 of the New York State Labor law or general liability insurance in standard form in favor of Owner
any other applicable law or of the Rules of the Board of and Tenant against claims for bodily injury or death or
Standards and Appeals, or of any other Board or body having or property damage occurring in or upon the premises, effective
asserting jurisdiction. from the date Tenant enters into possession of the premises
and during the term of this lease. Such insurance shall be in an
Requirements of Law, Fire Insurance: amount and with carriers apceptable to the Owner. Such
Prior to the commencement of the
6. lease term, if Tenant is policy or policies shall be delivered to the Owner. On Tenant's
then in possession, and at all times thereafter, default in obtaining or delivering
Tenant, at any such policy or policies
Tenant's sole cost and expense, shall promptly comply with all or failure to pay the charges therefore, Owner may secure or
present and future laws, orders and regulations of all state, pay the charges for any such policy or policies and charge the
federal, municipal and local governments, departments, Tenant as additional rent therefore. Tenant shall indemnify
dommissions and boards and any direction of any public officer and save harmless Owner against and from all liabilities,
pursuant to law, and all orders, rules and regulations of the New obligations, damages, penalties, claims, costs and expenses for
York Board of Fire Underwriters or the Insurance Services which Owner shall not be reimbursed by insurance, including
or any similar body which shall impose any violations, attorneys'
Office, reasonable fees, paid, suffered or incurred as a
order or duty upon Owner or Tenant with respect to the result of any breach by Tenant, Tenant's agent, contractors,
1 remises, and with respect to the portion of the sidewalk employees, invitees, or licensees, of any covenant on
adjacent to the premises, if the premises are on the street level, condition of this lease or by the carelessness, negligence or
whether or not arising out of Tenant's use or manner of use improper conduct of the Tenant, Tenant's agents, contractors,
thereof, or with respect to the building, if arising out of Tenant's employees, invitees or licensees. Tenants liability under this
sse or manner of use of the premises or the building (including lease extends to the acts and omissions of any subtenant, and
the use permitted under the lease). Except as provided in any agent, contractor, employee, invitee or licensee of any
Article 29 hereof, nothing herein shall require Tenant to make subtenant. In case any action or proceeding is brought against
structural repairs or alterations unless Tenant has by its manner Owner by reason of any such claim, Tenant, upon written
of use of the demised premises or method of operation therein, notice from Owner, will, at Tenants expense, resist or defend
violated any such laws, ordinances, orders, rules, regulations or such action or proceeding by counsel approved by Owner in
requirements with respect thereto. Tenant shall not do or permit writing, such approval not to be unreasonably withheld.
any act or thing to be done in or to the premises which is
contrary to law, or which will invalidate or be in conflict with Destruction, Fire, and
public liability, fire or other policies of insurance at any time Other Casualty:
carried by or for the benefit of Owner, Tenant shall pay all 9. (a) If the premises or any part thereof shall be damaged
by
costs, expenses, fines, penalties or damages, which may be fire or other casualty, . Tenant shall give immediate notice
imposed upon Owner by reason of Tenant's failure to comply thereof to Owner and this lease shall continue in full force and
with the provisions of this article. If the fire insurance rate effect except as hereiFafter set forth. (b) If the premises are
at the beginning of the lease, or at
hall, any time thereafter, be partially damaged or rendered partially unusable by fire or
higher than it otherwise would be, then Tenant shall reimburse other casualty, the damages thereto shall be repaired by and at
Owner, as additional rent hereunder, for that portion of all fire the expense of Owner, and the rent and other items of
insurance premiums thereafter paid by Owner which shall have additional rent, until such repair by Owner shall be
been charged because of such failure by Tenant, to comply with
substantially completed, shall be apportioned from the day
the terms of this article. In any action or proceeding wherein following the casualty according to the part of the premises
Gwner and Tenant are parties, a schedule or "makeup" of rate which is usable. (c) If the premises are totally damaged or
for the building or the premises issued by a body rendered wholly unusable by fire or other casualty, then the
making fire
insurance rates applicable to said premises shall be conclusive rent and other items of additional rent as hereinafter expressly
evidence of the facts therein stated and of the several items and provided shall be proportionately paid up to the time of the
dharges in the fire insurance rate than applicable to said casualty and thenceforth shall cease until the date when the
premises. premises shall have been repaired and restored by Owner (or
sooner reoccupied in part by the Tenant then rent shall be
Subordination: apportioned as provided in subsection (b) above), subject to
7. This lease is and subordinate to all ground or
subject Owner's right to elect not to restore the same as hereinafter
underlying leasesand to all mortgages which may now or provided. (d) If the premises are rendered wholly unusable or
hereafter affect such leases or the real property of which the (whether or not the premises are damaged in whole or in part)
premises are a part, and to all renewals, modifications, if the building shall be so damaged that Owner shall decide to
consolidations, replacements and extensions of any such demolish it or to rebuild it, then, in any of such events, Owner
underlying leases and mortgages. This clause shall be self may elect to terminate this lease by written notice to Tenant
operative and no further instrument of subordination shall be given within 120 days after such fire or casualty or 30 days
required by any ground or underlying lessor or by any after adjustment of the insurance claim for such fire or
mortgagee, affecting any lease or the real property of which the casualty, whichever is later, specifying a date for the
lyremises are a part. In confirmation of such subordination, expiration of the lease, and upon the date specified in such
Tenant shall from time to time execute promptly any certificate notice the term of this lease shall expire as fully and
that Ownermay request. completely as if such date were the date set forth above for the
termination of this lease and Tenant shall forthwith quit,
Tenant's Liability Insurance surrender and vacate the premises without prejudice however,
Property Loss, Damage,Indemnity: to Owner's rights and remedies against Tenant under the lease
. Owner or its agents shall not be liable for any damage to provisions in effect prior to such termination, and any rent
property of Tenant or of others entrusted to employees of the owing shall be paid up to such date and any payments of rent
building, nor for loss of, or damage to, any property of Tenant made by Tenant which were on account of any period
by theft or other wise, nor for any injury or damage to persons subsequent to such date shall be returned to Tenant. Unless
dr property resulting from any cause of whatsoever nature, Owner shall serve a termination notice as provided for herein,
unless caused by or due to the gross negligence or willful Owner shall make the repairs and restorations under the
misconduct of Owner, its agents, servants or employees and the conditions of (b) and (c) hereof, with all reasonable expedition
same shall not have been remedied by Landlord with subject to delays due to adjustment of insurance claims, labor
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tboubles and causes beyond Owner's control. After any such electric current shall not exceed the
Tenant shall cooperate with Owner's restoration capacity of existing
casualty, feeders to the building or the risers or
by wiring installation, and
removing from the premises as promptly as reasonably Tenant may not use any electrical equipment which, in
possible, all of Tenant's salvageable inventory and movable Owner's opinion, reasonable exercised, will overload such
equipment, furniture, and other property. Tenants liability for installations or interfere with the use thereof
rent shall resume five (5) days after written by other tenants
notice from Owner of the building. The change at any time of the character of
that the premises are ready for Tenant's
substantially electric service shall in no way make Owner liable or
occupancy. (e) Nothing contained hereinabove shall relieve responsible to Tenant, for any loss, damages or expenses
Tenant from liability that may exist as a result of damage from which Tenant may sustain.
fire or other casualty. the foregoing,
Notwithstanding including
Owner's obligation to restore under subparagraph
(b) above, Access to Premises:
each party shall look first to any insurance in its favor before 13. Owneror Owner's agents shall have the right (but
shall not
making any claim against the other party for recovery for loss be obligated) to enter the premises in any
9r damage resulting emergency at any
from fire or other casualty, and to the time, and, at other reasonable times, to examine the same and
extent that such insurance is in force and collectible, and to the to make such repairs, replacements and improvements as
extent permitted by law, Owner and Tenant each hereby Owner may deemnecessary and reasonably desirable to any
releases and waives all right of recovery with respect to portion of the building or which Owner
subparagraphs (b), (d) and (e) above, against the
may elect to perform,
other, or in the premises, following Tenant's failure to make repairs or
anyone claiming through or under each of them by
way of perform any work which Tenant is obligated to perform under
dubrogation or otherwise. The release and waiver herein this or for the purpose of
lease, complying with laws,
referred to shall be deemed to include any loss or damage to the regulations and other directions of governmental authorities.
premises and/or to any personal property, equipment, trade Tenant shall permit Owner to use and maintain and replace
fixtures, goods and merchandise located therein. The pipes and conduits in and through the premises and to erect
foregoing
Ælease and waiver shall be in force only if both releasors.' new pipes, ducts, and conduits therein, provided they are
insurance policies contain a clause providing that such a release concealed within the walls, floors or ceiling, wherever
or waiver shall not invalidate the insurance. Tenant practicable. Owner may, during the progress of any work in
acknowledges that Owner will not carry insurance on Tenants the premises, take all necessary materials and equipment into
furniture and/or furnishings or any fixtures or equipment, said premises without the same
constituting an eviction, nor
improvements, or appurtenances removable by Tenant, and shall the Tenant be entitled to any abatement of rent while
agrees that Owner will not be obligated to repair any damage such work is in progress, nor to any damages
by reason of loss
thereto or replace the same. (f) Tenant hereby waives the or interruption of business or otherwise. Throughout the term
provisions of Section 227 of the Real Property Law and agrees hereof Owner shall have the right to enter the premises at
that the provisions of this article shall govern and control in lieu reasonable hours for the purpose of
showing the same to
thereof. prospective purchasers or mortgagees of the building, and
during the last six months of the term for the purpose of
Eminent Domain: showing the same to prospective tenants, and may, during said
0. If the whole or any part of the premises shall be acquired or six months period, place upon the premises the usual notice
dondemned by Eminent Domain for any public or quasi public Let"
"to and "For Sale", which notices Tenant shall permit to
use or purpose, then and in that event, the term of this lease remain thereon without molestation. If Tenant is not present to
shall cease and terminate from the date of title open and permit an entry into the premises, Owner or Owner's
vesting in such
proceeding, and Tenant shall have no claim for the value of any agents may enter the same whenever such entry
may be
unexpired tern of said lease. Tenant shall have the right to make
necessary or permissible, by master key or forcibly, and
en independent claim to the condemning authority for the value provided reasonable care is exercised to safeguard Tenant's
of Tenant's moving expenses and personal property, trade such entry shall not render owner or its agents liable
property,
fixtures and equipment, provided Tenant is entitled pursuant to therefore, nor in any event shall the obligations of Tenant
the terms of the lease to remove such property, trade fixtures hereunder be affected. If during the last month of the term
(nd equipment at the end of the term, and provided further such Tenant shall have removed all or substantially all of Tenants
élaim does not reduce Owner's award. Owner may immediately enter, alter,
property therefrom,
renovate or redecorate the premises without limitation or
Assignment, Mortgage, Etc.: abatement of rent, or incurring liability to Tenant for any
11. Tenant, for itself, its heirs, distributees, executors, compensation, and such act shall have no effect on this lease
administrators, legal successors and assigns
representatives, or Tenant's obligations hereunder. Owner shall have the right
expressly covenants not
that it shall assign, mortgage or at any time, without the same constituting an eviction and
encumber this agreement, nor underlet, or suffer or permit the without incurring liability to Tenant therefore, to change the
premises or any part thereof to be used by others, without the arrangement and/or location of public entrances, passageways,
prior written consent of Owner in each instance. Transfer of the doors, doorways, corridors, toilets or other
elevators, stairs,
majority of the stock of a corporate tenant or the majority public parts of the building, and to change the name, number
interest in any partnership or other legal entity which is tenant or designation by which the building may be known.
shall be deemed an assignment. If this lease be assigned, or if
the premises or any part thereof be underlet or occupied Vault
by Vault, Space, Area:
dnybody other than Tenant, Owner may, after default by 14. No vaults, vault space or area, whether or not enclosed or
Tenant, collect rent from the assignee, under-tenant or covered, not within the property line of the building, is leased
occupant, and apply the net amount collected to the rent herein hereunder, anything contained in or indicated on any sketch,
reserved, but no such assignment, underletting occupancy or blue print or plan, or anything contained elsewhere in this
collection shall be deemed a waiver of the covenant, or the lease to the contrary notwithstanding. Owner makes no
cceptance of the assignee, under-tenant or occupant as tenant, representation as to the location of the property line of the
or a release of Tenant from the further performance by Tenant building. All vaults and vault space and all such areas not
of covenants on the part of Tenant herein contained. The within the property line of the building, which Tenant may be
consent by Owner to an assignment or underletting shall not in permitted to use and/or occupy, is to be used and/or occupied
ny way be construed to relieve Tenant from. obtaining the under a revocable license, and if any such license be revoked,
express consent in writing of Owner to any further assignment or if the amount of such space or area be diminished or
or underletting. . required by any federal, state or municipal authority or public
utility, Owner shall not be subject to any liability, nor shall
Electric Current: Tenant be entitled to any compensation or diminution or
12. Rates and conditions in respect to submetering or rent abatement of rent, nor shall such revocation, diminution or
as the case may be, to be added in RIDERattached be deemed constructive or actual eviction.
inclusion, requisition Any
hereto. Tenant covenants and agrees that at all times its use of
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tax, fee or charge of municipal authorities for such vault area with reasonable diligence and in good faith proceed to
shall be paid by Tenant. remedy
or cure such default, then Owner may serve a written five
days' (5)
notice of cancellation of this lease upon Tenant, and
Occupancy: upon the expiration of said five (5) days, this lease and the
15. Tenant will not at any time use or occupy the premises in term thereunder shall end and expire as
fully and completely
violation of Articles 2 or 37 hereof, or of the certificate of as if the expiration of such five (5) day period were the
day
occupancy issued for the building of which the premises are a herein definitely fixed for the end and expiration of this lease
part. Tenant has inspected the premises and accepts them "as- and the term thereof and Tenant shall then quit and surrender
is", subject to the riders annexed hereto with respect to Owner's the premises to Owner, but Tenant shall remain liable as
work, if any. In any event, Ownermakes no representation as to hereinafter provided.
the condition of the premises, and Tenant agrees to accept the
(2) If the notice provided for in (I) hereof shall have been
dame subject to violations, whether or not of record.
given, and the term shall expire as aforesaid; or if Tenant shall
make default in the payment of the rent reserved herein, or
Bankruptcy:
any item of additional rent herein mentioned, or any part of
16. (a) Anything elsewhere in this lease to the contrary either, or in making any other payment herein
required; then,
notwithstanding, this lease may be cancelled by Landlord and in any of such events, Owner may without
by notice, re-enter
t e sending of a written notice to Tenant within a reasonable the premises either by force or otherwise, and dispossess
tune after the happening of any one or more of the Tenant by summaryproceedings or
following otherwise, and the legal
events: (I) the commencement of a case in bankruptcy or under representative of Tenant or other occupant of the premises,
the laws of any state naming Tenant or and remove their effects and hold the premises as if this lease
(2) the making by
enant of an assignment or any other arrangement for the had not been made, and Tenant hereby waives the service of
benefit of creditors under any state statute. Neither Tenant nor notice of intention to re-enter or to institute legal proceedings
any person claiming through or under Tenant, or by reason of to that end.
any statute or order of court, shall thereafter be entitled to
possession of the premises demised but shall forthwith quit and Remedies of Owner and
surrender the demised premises. If this lease shall be assigned Waiver of Redemption:
in accordance with its terms, the provisions of this Article 16 18. In case of any such default, re-entry, expiration and/or
shall be applicable only to the party then owning Tenant's dispossess by summary proceedings or otherwise, (a) the rent,
interest in this lease. and additional rent, shall become due thereupon and be paid
(b) It is and agreed that in the event of the
stipulated
up to the time of such re-entry, dispossess and/or expiration,
termination of this pursuant to (a) hereof, Owner shall (b) Owner may re-let the premises or any part or parts thereof,
lease
forthwith, notwithstanding any other provisions of this lease to either in the nameof Owner or otherwise, for a term or terms,
the contrary, be entitled to recover from Tenant, as and for which may at Owner's option be less than or exceed the period
liquidated damages, an amount equal to the difference between which would otherwise have constituted the balance of the
the rent reserved hereunder for the unexpired portion of the term of this lease, and may grant concessions or free rent or
term demised and the fair and reasonable rental value of the charge a higher rental than that in this lease, and/or (c) Tenant
demised premises for the same period. In the computation of or the legal representatives of Tenant shall also Owner, as
pay
such damages the difference between any installment of rent liquidated damages, for the failure of Tenant to
Preview
FILED: QUEENS COUNTY CLERK 05/20/2024 10:50 AM INDEX NO. 710640/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/20/2024 Exhibit C FILED: QUEENS COUNTY CLERK 05/20/2024 10:50 AM INDEX NO. 710640/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/20/2024 FORMOFSTORELEASE STANDARD fit Off8ASB madeas of this 14th day of March, 2018, between COMJEM ASSOCIATES LTD, 1430 Broa ay Suite 1505, ew ork, New ROOSEVELT, having an office c/o 78-14 York 10018 pa LLC, f t e first pa hereinafter referred to as OWNER or LANDLORD,and . %A Of , having En address at I put , , NYparty of the second part, hereinafter referred to as TENANT, a/Jsen lW kh ground floor store premises located 5[178SS8 Ownerhereby hereby hires from Ownerthe leases to Tenant a Tenant at 78-14 Roosevelt Avenue (as more particularly described on Exhibit A attached hereto and forming a part hereof), Jackson Premises", or "demised premises") in the Heights, NY (hereinafter sometimes referred to as "Premises", "premises", "Demised New York Borough of and State of (herein Mall Unit in the building known as 78-14 Roosevelt Avenue, in the Queens, City "Building" for the term of ten (10) Lease Years (as herein defined) or until such term shall sometimes referred to as or "building"), sooner cease and expire as hereinafter provided to commenceon the Commencement Date (as herein defined), and to end on the the annual base rental rate as set forth in the Rider annexed hereto and Expiration Date (as herein defined), both dates inclusive, at lawful of the United States which shall be legal tender in payment of forming a part hereof, which Tenant agrees to pay in money public and the time of payment, in equal monthly installments in advance on the first day of each all debts and dues, private, at setoff or deduction month during said term, at the office of Owner or such other place as Owner may designate, without any on the execution hereof (unless this lease be a renewal). hatsoever, except that Tenant shall pay the first monthly installment(s) Tenant shall be default the payment of In the event that, at the commencement of the term of this lease, or thereafter, in in rent to Owner pursuant to the terms of another lease with Owner or with Owner's predecessor in interest, Owner may at Owner's installment of rent payable hereunder and the option and without notice to Tenant add the amount of such arrears to any monthly same shall be payable to Owner as additional rent. legal representative, successors and The parties hereto, for themselves, their heirs, distributes, executors, administrators, dssigns, hereby covenant as follows: Rent: 1. Tenant shall pay the rent as above and as hereinafter provided. Occupancy: 2. Tenant shall use and occupy the premises as a Peruvian Restaurant and for no other purpose. Tenant shall business in a high grade and reputable manner, shall not violate at all times conduct its Article 37 hereof, and shall keep show windows and signs in a neat and clean condition. Alterations: Tenant at the end of the term remaining in the premises after 3. Tenant shall make no changes in or to the premises of any Tenant's removal shall be deemed abandoned and may, at the nature without Owner's prior written consent. Subject to the election of Owner, either be retained as Owner's property or prior written consent of Owner, and to the provisions of this may be removed from the premises by Owner at Tenant's article, Tenant, at Tenant's expense, may make alterations, expense. installations, additions or improvements which are nonstructural and which do not affect utility services or Repairs: plumbing and electrical lines, in or to the interior of the 4. Owner shall maintain and repair portions of the the public premises by using contractors or mechanics first approved in building, both exterior and interior, except that if Owner each instance by Owner. Tenant shall, before making any allows Tenant to erect on the outside of the building a sign or dlterations, additions, or improvements, installations at its signs, or a hoist, lift or sidewalk elevator for the exclusive use expense, obtain all permits, approvals and certificates required of Tenant, Tenant shall maintain such exterior installations in by any governmental or quasi-governmental bodies and (upon good appearance, shall cause the same to be operated in a completion) certificates of final approval thereof, and shall good and workmanlike manner, shall make all repairs thereto deliver promptly duplicates of all such permits, approvals and necessary to keep same in good order and condition, at dertificates to Owner, and Tenant agrees to carry, and will Tenants own cost and expense, and shall cause the same to be cause Tenant's contractors and sub-contractors to carry, such covered by the insurance provided for hereafter in Article 8. worker's compensation, general liability, personal and property Tennant shall, throughout the term of the lease, take good care damage insurance as Owner may require. If an mechanic's lien of the premises and the fixtures and appurtenances therein, is filed against the premises, or the building of which the same and the sidewalks adjacent thereto, and at its sole cost and forms a part, for work claimed to have done for, or materials expense, make all non-structural repairs thereto as and when furnished to, Tenant, whether or not done pursuant to this needed to preserve them in good working order and condition, article, the same shall be discharged by Tenant within 30 days reasonable wear and tear, obsolescence and damage from the thereafter, at Tenants expense, by payment or filing a bond as elements, fire or other casualty, excepted. If the premises be permitted by law. All fixtures and all paneling, partitions, or become infested with vermin, Tenant shall at Tenants railings and like installations, installed in the premises at any expense, cause the same to be exterminated from time to time time, either by Tenant or by Owner on Tenants behalf, shall, to the satisfaction of Owner. Except as specifically provided upon installation, become the property of Owner and shall in Article 9 or elsewhere in this lease, there shall be no remain upon and be surrendered with the premises unless allowance to the Tenant for the diminution of rental value and Owner, by notice to Tenant no later than twenty days prior to no liability on the part of Owner by reason of inconvenience, the date fixed as the termination of this lease, elects to annoyance or injury to business arising from Owner, Tenant relinquish Owner's rights thereto and to have them removed by or others, making or failing to make any repairs, alterations, Tenant, in which event, the same shall be removed from the additions or improvements in or to any portion of the 15remises by Tenant prior to the expiration of the lease, at building, including the erection or operation of any crane, Tenants expense. Nothing in this article shall be construed to derrick or sidewalk shed, or in or to the premises or the give Owner title to, or to prevent Tenants removal of, trade fixtures, appurtenances or equipment thereof. It is specifically fixtures, moveable office furniture and equipment, but upon agreed that Tenant shall be not entitled to any set off or removal of same from the premises or upon removal of other reduction of rent by reason of any failure of Ownerto comply installations as may be required by Owner, Tenant shall with the covenants of this or any other article of this lease. iinmediately and at its expense, repair and restore the premises Tenant agrees that Tenants sole remedy at law in such to the condition existing prior to any such installations, and instance will be by way of an action for damages for breach of repair any damage to the premises or the building due to such contract. The provisions of this Article 4 with respect to the rpmoval. All property permitted or required to be removed by FILED: QUEENS COUNTY CLERK 05/20/2024 10:50 AM INDEX NO. 710640/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/20/2024 making of repairs shall. not apply in the case of fire or other reasonable diligence after written notice from the Tenant. casualty, which are dealt with in Article 9 hereof. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said TVindow Cleaning: building, or caused by operations in construction of any 1 Tenant will not clean nor require, permit, suffer or allow any private, public· or quasi public work. Tenant agrees, at window in premises to ,be cleaned from the outside in the Tenant's sale cost and expense, to .maintain commercial violation of Section 202 of the New York State Labor law or general liability insurance in standard form in favor of Owner any other applicable law or of the Rules of the Board of and Tenant against claims for bodily injury or death or Standards and Appeals, or of any other Board or body having or property damage occurring in or upon the premises, effective asserting jurisdiction. from the date Tenant enters into possession of the premises and during the term of this lease. Such insurance shall be in an Requirements of Law, Fire Insurance: amount and with carriers apceptable to the Owner. Such Prior to the commencement of the 6. lease term, if Tenant is policy or policies shall be delivered to the Owner. On Tenant's then in possession, and at all times thereafter, default in obtaining or delivering Tenant, at any such policy or policies Tenant's sole cost and expense, shall promptly comply with all or failure to pay the charges therefore, Owner may secure or present and future laws, orders and regulations of all state, pay the charges for any such policy or policies and charge the federal, municipal and local governments, departments, Tenant as additional rent therefore. Tenant shall indemnify dommissions and boards and any direction of any public officer and save harmless Owner against and from all liabilities, pursuant to law, and all orders, rules and regulations of the New obligations, damages, penalties, claims, costs and expenses for York Board of Fire Underwriters or the Insurance Services which Owner shall not be reimbursed by insurance, including or any similar body which shall impose any violations, attorneys' Office, reasonable fees, paid, suffered or incurred as a order or duty upon Owner or Tenant with respect to the result of any breach by Tenant, Tenant's agent, contractors, 1 remises, and with respect to the portion of the sidewalk employees, invitees, or licensees, of any covenant on adjacent to the premises, if the premises are on the street level, condition of this lease or by the carelessness, negligence or whether or not arising out of Tenant's use or manner of use improper conduct of the Tenant, Tenant's agents, contractors, thereof, or with respect to the building, if arising out of Tenant's employees, invitees or licensees. Tenants liability under this sse or manner of use of the premises or the building (including lease extends to the acts and omissions of any subtenant, and the use permitted under the lease). Except as provided in any agent, contractor, employee, invitee or licensee of any Article 29 hereof, nothing herein shall require Tenant to make subtenant. In case any action or proceeding is brought against structural repairs or alterations unless Tenant has by its manner Owner by reason of any such claim, Tenant, upon written of use of the demised premises or method of operation therein, notice from Owner, will, at Tenants expense, resist or defend violated any such laws, ordinances, orders, rules, regulations or such action or proceeding by counsel approved by Owner in requirements with respect thereto. Tenant shall not do or permit writing, such approval not to be unreasonably withheld. any act or thing to be done in or to the premises which is contrary to law, or which will invalidate or be in conflict with Destruction, Fire, and public liability, fire or other policies of insurance at any time Other Casualty: carried by or for the benefit of Owner, Tenant shall pay all 9. (a) If the premises or any part thereof shall be damaged by costs, expenses, fines, penalties or damages, which may be fire or other casualty, . Tenant shall give immediate notice imposed upon Owner by reason of Tenant's failure to comply thereof to Owner and this lease shall continue in full force and with the provisions of this article. If the fire insurance rate effect except as hereiFafter set forth. (b) If the premises are at the beginning of the lease, or at hall, any time thereafter, be partially damaged or rendered partially unusable by fire or higher than it otherwise would be, then Tenant shall reimburse other casualty, the damages thereto shall be repaired by and at Owner, as additional rent hereunder, for that portion of all fire the expense of Owner, and the rent and other items of insurance premiums thereafter paid by Owner which shall have additional rent, until such repair by Owner shall be been charged because of such failure by Tenant, to comply with substantially completed, shall be apportioned from the day the terms of this article. In any action or proceeding wherein following the casualty according to the part of the premises Gwner and Tenant are parties, a schedule or "makeup" of rate which is usable. (c) If the premises are totally damaged or for the building or the premises issued by a body rendered wholly unusable by fire or other casualty, then the making fire insurance rates applicable to said premises shall be conclusive rent and other items of additional rent as hereinafter expressly evidence of the facts therein stated and of the several items and provided shall be proportionately paid up to the time of the dharges in the fire insurance rate than applicable to said casualty and thenceforth shall cease until the date when the premises. premises shall have been repaired and restored by Owner (or sooner reoccupied in part by the Tenant then rent shall be Subordination: apportioned as provided in subsection (b) above), subject to 7. This lease is and subordinate to all ground or subject Owner's right to elect not to restore the same as hereinafter underlying leasesand to all mortgages which may now or provided. (d) If the premises are rendered wholly unusable or hereafter affect such leases or the real property of which the (whether or not the premises are damaged in whole or in part) premises are a part, and to all renewals, modifications, if the building shall be so damaged that Owner shall decide to consolidations, replacements and extensions of any such demolish it or to rebuild it, then, in any of such events, Owner underlying leases and mortgages. This clause shall be self may elect to terminate this lease by written notice to Tenant operative and no further instrument of subordination shall be given within 120 days after such fire or casualty or 30 days required by any ground or underlying lessor or by any after adjustment of the insurance claim for such fire or mortgagee, affecting any lease or the real property of which the casualty, whichever is later, specifying a date for the lyremises are a part. In confirmation of such subordination, expiration of the lease, and upon the date specified in such Tenant shall from time to time execute promptly any certificate notice the term of this lease shall expire as fully and that Ownermay request. completely as if such date were the date set forth above for the termination of this lease and Tenant shall forthwith quit, Tenant's Liability Insurance surrender and vacate the premises without prejudice however, Property Loss, Damage,Indemnity: to Owner's rights and remedies against Tenant under the lease . Owner or its agents shall not be liable for any damage to provisions in effect prior to such termination, and any rent property of Tenant or of others entrusted to employees of the owing shall be paid up to such date and any payments of rent building, nor for loss of, or damage to, any property of Tenant made by Tenant which were on account of any period by theft or other wise, nor for any injury or damage to persons subsequent to such date shall be returned to Tenant. Unless dr property resulting from any cause of whatsoever nature, Owner shall serve a termination notice as provided for herein, unless caused by or due to the gross negligence or willful Owner shall make the repairs and restorations under the misconduct of Owner, its agents, servants or employees and the conditions of (b) and (c) hereof, with all reasonable expedition same shall not have been remedied by Landlord with subject to delays due to adjustment of insurance claims, labor FILED: QUEENS COUNTY CLERK 05/20/2024 10:50 AM INDEX NO. 710640/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/20/2024 tboubles and causes beyond Owner's control. After any such electric current shall not exceed the Tenant shall cooperate with Owner's restoration capacity of existing casualty, feeders to the building or the risers or by wiring installation, and removing from the premises as promptly as reasonably Tenant may not use any electrical equipment which, in possible, all of Tenant's salvageable inventory and movable Owner's opinion, reasonable exercised, will overload such equipment, furniture, and other property. Tenants liability for installations or interfere with the use thereof rent shall resume five (5) days after written by other tenants notice from Owner of the building. The change at any time of the character of that the premises are ready for Tenant's substantially electric service shall in no way make Owner liable or occupancy. (e) Nothing contained hereinabove shall relieve responsible to Tenant, for any loss, damages or expenses Tenant from liability that may exist as a result of damage from which Tenant may sustain. fire or other casualty. the foregoing, Notwithstanding including Owner's obligation to restore under subparagraph (b) above, Access to Premises: each party shall look first to any insurance in its favor before 13. Owneror Owner's agents shall have the right (but shall not making any claim against the other party for recovery for loss be obligated) to enter the premises in any 9r damage resulting emergency at any from fire or other casualty, and to the time, and, at other reasonable times, to examine the same and extent that such insurance is in force and collectible, and to the to make such repairs, replacements and improvements as extent permitted by law, Owner and Tenant each hereby Owner may deemnecessary and reasonably desirable to any releases and waives all right of recovery with respect to portion of the building or which Owner subparagraphs (b), (d) and (e) above, against the may elect to perform, other, or in the premises, following Tenant's failure to make repairs or anyone claiming through or under each of them by way of perform any work which Tenant is obligated to perform under dubrogation or otherwise. The release and waiver herein this or for the purpose of lease, complying with laws, referred to shall be deemed to include any loss or damage to the regulations and other directions of governmental authorities. premises and/or to any personal property, equipment, trade Tenant shall permit Owner to use and maintain and replace fixtures, goods and merchandise located therein. The pipes and conduits in and through the premises and to erect foregoing Ælease and waiver shall be in force only if both releasors.' new pipes, ducts, and conduits therein, provided they are insurance policies contain a clause providing that such a release concealed within the walls, floors or ceiling, wherever or waiver shall not invalidate the insurance. Tenant practicable. Owner may, during the progress of any work in acknowledges that Owner will not carry insurance on Tenants the premises, take all necessary materials and equipment into furniture and/or furnishings or any fixtures or equipment, said premises without the same constituting an eviction, nor improvements, or appurtenances removable by Tenant, and shall the Tenant be entitled to any abatement of rent while agrees that Owner will not be obligated to repair any damage such work is in progress, nor to any damages by reason of loss thereto or replace the same. (f) Tenant hereby waives the or interruption of business or otherwise. Throughout the term provisions of Section 227 of the Real Property Law and agrees hereof Owner shall have the right to enter the premises at that the provisions of this article shall govern and control in lieu reasonable hours for the purpose of showing the same to thereof. prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of Eminent Domain: showing the same to prospective tenants, and may, during said 0. If the whole or any part of the premises shall be acquired or six months period, place upon the premises the usual notice dondemned by Eminent Domain for any public or quasi public Let" "to and "For Sale", which notices Tenant shall permit to use or purpose, then and in that event, the term of this lease remain thereon without molestation. If Tenant is not present to shall cease and terminate from the date of title open and permit an entry into the premises, Owner or Owner's vesting in such proceeding, and Tenant shall have no claim for the value of any agents may enter the same whenever such entry may be unexpired tern of said lease. Tenant shall have the right to make necessary or permissible, by master key or forcibly, and en independent claim to the condemning authority for the value provided reasonable care is exercised to safeguard Tenant's of Tenant's moving expenses and personal property, trade such entry shall not render owner or its agents liable property, fixtures and equipment, provided Tenant is entitled pursuant to therefore, nor in any event shall the obligations of Tenant the terms of the lease to remove such property, trade fixtures hereunder be affected. If during the last month of the term (nd equipment at the end of the term, and provided further such Tenant shall have removed all or substantially all of Tenants élaim does not reduce Owner's award. Owner may immediately enter, alter, property therefrom, renovate or redecorate the premises without limitation or Assignment, Mortgage, Etc.: abatement of rent, or incurring liability to Tenant for any 11. Tenant, for itself, its heirs, distributees, executors, compensation, and such act shall have no effect on this lease administrators, legal successors and assigns representatives, or Tenant's obligations hereunder. Owner shall have the right expressly covenants not that it shall assign, mortgage or at any time, without the same constituting an eviction and encumber this agreement, nor underlet, or suffer or permit the without incurring liability to Tenant therefore, to change the premises or any part thereof to be used by others, without the arrangement and/or location of public entrances, passageways, prior written consent of Owner in each instance. Transfer of the doors, doorways, corridors, toilets or other elevators, stairs, majority of the stock of a corporate tenant or the majority public parts of the building, and to change the name, number interest in any partnership or other legal entity which is tenant or designation by which the building may be known. shall be deemed an assignment. If this lease be assigned, or if the premises or any part thereof be underlet or occupied Vault by Vault, Space, Area: dnybody other than Tenant, Owner may, after default by 14. No vaults, vault space or area, whether or not enclosed or Tenant, collect rent from the assignee, under-tenant or covered, not within the property line of the building, is leased occupant, and apply the net amount collected to the rent herein hereunder, anything contained in or indicated on any sketch, reserved, but no such assignment, underletting occupancy or blue print or plan, or anything contained elsewhere in this collection shall be deemed a waiver of the covenant, or the lease to the contrary notwithstanding. Owner makes no cceptance of the assignee, under-tenant or occupant as tenant, representation as to the location of the property line of the or a release of Tenant from the further performance by Tenant building. All vaults and vault space and all such areas not of covenants on the part of Tenant herein contained. The within the property line of the building, which Tenant may be consent by Owner to an assignment or underletting shall not in permitted to use and/or occupy, is to be used and/or occupied ny way be construed to relieve Tenant from. obtaining the under a revocable license, and if any such license be revoked, express consent in writing of Owner to any further assignment or if the amount of such space or area be diminished or or underletting. . required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Electric Current: Tenant be entitled to any compensation or diminution or 12. Rates and conditions in respect to submetering or rent abatement of rent, nor shall such revocation, diminution or as the case may be, to be added in RIDERattached be deemed constructive or actual eviction. inclusion, requisition Any hereto. Tenant covenants and agrees that at all times its use of FILED: QUEENS COUNTY CLERK 05/20/2024 10:50 AM INDEX NO. 710640/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/20/2024 tax, fee or charge of municipal authorities for such vault area with reasonable diligence and in good faith proceed to shall be paid by Tenant. remedy or cure such default, then Owner may serve a written five days' (5) notice of cancellation of this lease upon Tenant, and Occupancy: upon the expiration of said five (5) days, this lease and the 15. Tenant will not at any time use or occupy the premises in term thereunder shall end and expire as fully and completely violation of Articles 2 or 37 hereof, or of the certificate of as if the expiration of such five (5) day period were the day occupancy issued for the building of which the premises are a herein definitely fixed for the end and expiration of this lease part. Tenant has inspected the premises and accepts them "as- and the term thereof and Tenant shall then quit and surrender is", subject to the riders annexed hereto with respect to Owner's the premises to Owner, but Tenant shall remain liable as work, if any. In any event, Ownermakes no representation as to hereinafter provided. the condition of the premises, and Tenant agrees to accept the (2) If the notice provided for in (I) hereof shall have been dame subject to violations, whether or not of record. given, and the term shall expire as aforesaid; or if Tenant shall make default in the payment of the rent reserved herein, or Bankruptcy: any item of additional rent herein mentioned, or any part of 16. (a) Anything elsewhere in this lease to the contrary either, or in making any other payment herein required; then, notwithstanding, this lease may be cancelled by Landlord and in any of such events, Owner may without by notice, re-enter t e sending of a written notice to Tenant within a reasonable the premises either by force or otherwise, and dispossess tune after the happening of any one or more of the Tenant by summaryproceedings or following otherwise, and the legal events: (I) the commencement of a case in bankruptcy or under representative of Tenant or other occupant of the premises, the laws of any state naming Tenant or and remove their effects and hold the premises as if this lease (2) the making by enant of an assignment or any other arrangement for the had not been made, and Tenant hereby waives the service of benefit of creditors under any state statute. Neither Tenant nor notice of intention to re-enter or to institute legal proceedings any person claiming through or under Tenant, or by reason of to that end. any statute or order of court, shall thereafter be entitled to possession of the premises demised but shall forthwith quit and Remedies of Owner and surrender the demised premises. If this lease shall be assigned Waiver of Redemption: in accordance with its terms, the provisions of this Article 16 18. In case of any such default, re-entry, expiration and/or shall be applicable only to the party then owning Tenant's dispossess by summary proceedings or otherwise, (a) the rent, interest in this lease. and additional rent, shall become due thereupon and be paid (b) It is and agreed that in the event of the stipulated up to the time of such re-entry, dispossess and/or expiration, termination of this pursuant to (a) hereof, Owner shall (b) Owner may re-let the premises or any part or parts thereof, lease forthwith, notwithstanding any other provisions of this lease to either in the nameof Owner or otherwise, for a term or terms, the contrary, be entitled to recover from Tenant, as and for which may at Owner's option be less than or exceed the period liquidated damages, an amount equal to the difference between which would otherwise have constituted the balance of the the rent reserved hereunder for the unexpired portion of the term of this lease, and may grant concessions or free rent or term demised and the fair and reasonable rental value of the charge a higher rental than that in this lease, and/or (c) Tenant demised premises for the same period. In the computation of or the legal representatives of Tenant shall also Owner, as pay such damages the difference between any installment of rent liquidated damages, for the failure of Tenant to