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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/02/2024
This Lease made the day o , 2013 between:
Woodhaven Assets Co. whose address is 71-63 Austin Street, Suite 200, Forest Hills, NY
11375
hereinafter referred to as LANDLORD, and
Woodhaven Manor Caters and Banquet, Inc.
hereinafter jointly, severally and collectively referred to as TENANT.
Witnessed, that the Landlord hereby leases to the Tenant, and the Tenant
hereby hires and takes from the Landlord the entire second floor and entire mezzanine floor
and approximately 3200 Square feet of the First Floor in the building known as 96-01
Jamaica Avenue, Queens, New York to be used and occupied by the tenant as a catering hall
and for no other purpose, for a term to commence on March 1, 2013 to December 31, 2017
(subject to tenant’s option to renew) unless sooner terminated as hereinafter provided, at the
ANNUAL RENT
SEE ATTACHED RIDER
all payable in equal monthly installments in advance on the first day of each and every
calendar month during said term, except the first installment, which shall be paid upon the
execution hereof.
THE TENANT JOINTLY AND SEVERALLY COVENANTS:
FIRST.- That the Tenant will pay the rent as above provided.
SECOND.- That, throughout said term the Tenant will take good care of the demised
premises, fixtures and appurtenances, and all alterations, additions and improvements to
either; make all repairs in and about the same necessary to preserve them in good order
and condition, which repairs shall be, in quality and class, equal to the original work;
promptly pay the expense of such repairs; suffer no waste or injury; give prompt notice to the
Landlord of any fire that may occur; execute and comply with all laws, rules, orders,
ordinances and regulations at any time issued or in force (except those requiring structural
alterations), applicable to the demised premises or to the Tenant's occupation thereof, of
the Federal, State and Local Governments, and of each and every department, bureau and
official thereof, and of the New York Board of Fire Underwriters; permit at all times
during usual business hours, the Landlord and representatives of the Landlord to enter the
demised premises for the purpose of inspection, and to exhibit them for purposes of sale or
rental ; suffer the Landlord to make repairs and improvements to all parts of the building,
and to comply with all orders and requirements of governmental authority applicable to
said building or to any occupation thereof; suffer the Landlord to erect, use, maintain,
repair and replace pipes and conduits in the demised premises and to the floors above and
below ; forever indemnify and save harmless the Landlord for and against any and all
liability, penalties, damages, expenses and judgments arising from injury during said term to
person or property of any nature, occasioned wholly or in part by any act or acts, omission
or omissions of the Tenant, or of the employees, guests, agents, assigns or under-tenants
of the Tenant and also for any matter or thing growing out of the occupation of the demised
premises or of the streets, sidewalks of vaults adjacent thereto; permit, during the six
months next prior to the expiration of the term the usual notice "To Let" to be placed and
to remain unmolested in a conspicuous place Upon the exterior of the demised premises;
repair, at or before the end of the term, all injury done by the installation or removal of
furniture and property; and at the end of the term, to quit and surrender the demised
premises with all alternations, addictions and improvements in good order and condition.
THIRD.- That the Tenant will not disfigure or deface any part of the building or
suffer the same to be done, except so far as may be necessary to affix such trade fixtures
as are herein consented to by the Landlord; the Tenant will not obstruct, Or permit the
Obstruction of the street or the sidewalk adjacent thereto; will not do anything, or suffer
anything to be done upon the demised premises which will increase the rate of fire
insurance upon the building or any of its contents, or be liable to cause structural injury to
said building; will not permit the accumulation of waste or refuse matter, and will not,
without the written consent of the Landlord first obtained in each case, either sell, assign,
mortgage or transfer this lease, underlet the demised premises of any Part thereof, permit the
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same or any part thereof to be occupied by anybody or the Tenants and the Tenant’s employees,
make any alterations in the demised premises, use the demised promises Or any part thereof for
any purpose other than the one first above stipulated, or for any putpose deemed extra
hazardous on account of fire risk, nor in violation of any law or ordinance. That the Tenant
will not obstruct or permit the light, halls, stairway or entrances to the building, and will not
erect or inscribe any sign, signals or advertisements unless and until the style and location
thereof have been approved by the Landlord; and if any be erected or inscribed without
such approval, the Landlord may remove the same. No water cooler, air conditioning unit or
system or other apparatus shall be installed or used without the prior written consent of
Landlord.
IT 18 MUTUALLY COVENANTED AND AGREED, THAT:
FOURTH.- If the demised premises shall be partially damaged by fire or other casualty
without the fault or neglect of Tenant, Tenant’s servants, employees, agents, visitors or licensees,
the damages shall be repaired by and at the expense of Landlord and the rent until such repairs
shall be made apportioned according to the part of the demised premises which is usable by
Tenant. But if such damage is due to the fault or neglect of Tenant, Tenant's servants, employees,
agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord an
without prejudice to the rights of subrogation of Landlord’s insurer, the damage shall be repaired
by Landlord but there shall be no apportionment or abatement of rent. No penalty shall accrue
for reasonable delay which may arise by reason of adjustment of insurance on the part of
Landlord and/or tenant, and for reasonable delay on account of “labor troubles”, or any other
cause beyond Landlord’s control. If the demised premises are totally damaged or are rented
wholly un-tenantable by fire or other cause, and if Landlord shall decide not to restore or not to
rebuild the same, or if the building shall be so damaged that Landlord shall decide to demolish it
or to rebuild it, then or in any of such events landlord may, within ninety (90) days after such fire
or other cause, give Tenant a notice in writing of such decision, which notice shall be given as
in Paragraph Twelve hereof provided, and thereupon the term of this lease shall expire by lease
of time upon the third day after such notice is given, and tenant shall vacate the demised
premises and surrender the same to Landlord. If Tenant shall not be in default under this lease
then, upon the termination of this lease under the condition provided for in the sentence
immediately preceding, Tenant’s liability for rent shall cease as the day following the casualty.
Tenant hereby expressly waives the provisions of Section 227 of the Rental Property Law and
agrees that the foregoing provisions of this Article shall govern and control in lieu thereof. If the
damage or destruction be due to the fault or neglect of Tenant the debris shall be removed by,
and at the expense of Tenant
FIFTH.- If the whole or any part of the premise hereby demised shall be taken or condemned
by any competent authority for any public use or purpose then the term hereby granted shall cease
from the time when possession of the part so taken shall be required for such public purpose and
without apportionment of award, the Tenant hereby assigning to the Landlord all right and claim
to any such award, the current rent, however, in such case to be apportioned.
SIXTH.- If before the commencement of the term, the Tenant be adjudicated a bankrupt, or
make a “general assignment,” or take the benefit of any insolvent act, or if a Receiver or Trustee
be appointed for the Tenant’s property, or if this lease or the estate of the tenant hereunder be
transferred or pass to or devolve upon any other person or corporation, or if the Tenant shall
default in the performance of any agreement by the Tenant contained in any other lease to the
Tenant by the Landlord or by any corporation of which an offer the Landlord is Director,
this
lease shall thereby, at the option of the landlord, be terminated and in case, neither the Tenant
nor
anybody claiming under the tenant shall be entitled to go into possession of the demised premises.
If after the commencement of the term, any of the events mentioned above
in this subdivision
shall occur, or if Tenant shall make default in fulfilling any of the covenants
of this lease, other
than covenants for the payment of rent or “additional rent’, or if the demised premises
become
vacant or deserted, the Landlord may give to the Tenant ten days’ notice of intention
to end the
tern of this lease, and thereupon at the expiration of said ten days’ (if said condition
which was
the basis of said notice shall continue to exist) the term under this lease shall
expire as fully and
completely as if that date were the date herein definitely fixed for the expiration of the
term and
the Tenant will then quit the demised premises to the Landlord, but the
Tenant shall remain liable
as hereinafter provided.
If the Tenant shall make default in the payment of the rent reserved hereunder, or any
item of additional rent” herein mentioned of any part of either or in making
any other
payment herein provided for, or if the notice last above provided shall have given and
if the
A aw
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condition which was the basis of said notice shall exist at the expiration of said ten days
period, the Landlord may immediately, or at any time thereafter, re-enter the demised
premises and remove all persons and all or any property there from, either by summary
dispossess proceeding, or by any suitable action or proceeding at law, or by force or
otherwise, without being liable to indictment, prosecution or damages therefore, and re-
possess and enjoy said premises together with all additions, alterations and improvements. In
any such case or in the event that this lease be “terminated” before the commencement of the
term, as above provided, the Landlord may either re-let the demised premises or any part or
parts thereof for the Landlord’s own account, or may, at the Landlord’s option, re-let the
demised premises or any part or parts thereof as the agent of the Tenant, and receive there
rents therefore, applying the same first to the payment of such expenses as the landlord may
have incurred, and then to the fulfillment of the covenants of the Tenant herein, and the
balance , if any, at the expiration of the term first above provided for, shall be paid to the
Tenants to the Landlord on the several rent days above specified, that is, upon each of such
rent days the Tenants shall pay to the Landlord the amount of deficiency then existing. The
Tenant hereby expressly waives any and all right of redemption in case the Tenant shall be
dispossessed by judgment or warrant of any court or judge, and the Tenant waives and will
waive all right to trial by jury in any summary proceedings hereafter instituted by the
Landlord against the Tenant in respect to the demised premises. The words “re-enter” as used
in this lease are not restricted to their technical legal meaning.
In the event of a breach or threatened breach by the Tenant of any of the covenants or
provisions hereof, the Landlord shall have the right of injunction and the right to invoke any remedy
allowed at law or in equity, as if-entry, summary proceedings and other remedies were not herein
provided for.
SEVENTH.-— If the Tenant shall make default in the performance of any covenant herein
contained, the Landlord, may immediately, or at any time thereafter, without notice, perform the
same for the account of the Tenant, If a notice of mechanic’s lien be filed against the demised
premises or against premises of which the demised premises are part, for, or purporting to be for,
labor or material alleged to have been furnished, or to be fumished to or for the Tenant at the
demised premises, and if the Tenant shall fail to take such action as shall cause lien to be discharge
within fifteen days after the filmg of such notice the Landlord may pay the amount of such lien or
discharge the same by deposit or by bonding proceedings, and in the event of such deposit or
bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to
enforce the lienor’s claim, In such case, the Landlord may pay any judgment recovered on such
claim. Any amount paid or expense incurred by the Landlord as in this subdivision of this lease
provided, and any amount as to which the Tenant shall at any time be in default for or in respect to
the use of water, electric current or sprinkler supervisory service, and any expense incurred or sum
of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision
hereof, or im defending any such action, shall be deem to be “additional rent” for the demised
premises, and shall be due payable by the tenant to the Landlord on by the first day of the next
following month, or, at the option of the Landlord, on the first day of any succeeding month. The
receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of said
“additional rent” shall not be a waiver of any other “additional rent” then due.
EIGHTH.- The failure of the Landlord to insist, in any one or more instances upon a a strict
performance of any of the covenants of this lease, or to exercise any option herein contained, shall
not be construed as a waiver or a relinquishment for the future of such covenant or option, but the
same shall continue and remain in full force and effect. The receipt by the Landiord of rent, with
knowledge of the breach of any covenant hereof. shall not be deemed a waiver of such breach and
no waiver by the Landlord of any provision hereof shall be deemed to have been made unless
expressed in writing and signed by the Landlord. Even though the Landlord shall consent to an
assignment hereof no further assignment shall be made without express consent in writing by the
andlord.
NINTH.- If this lease be
M
or If the demised premises or
assigned, any partthereof be underlet or
occupied by anybody other than the Tenant the Landlord may collect rent from the assignee.
under-tenant or occupant, and apply the net amount collected to herein reserved,
and no such collection shall be deenied a waiver of the covenant herein against assignment
and underletting, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release
of the Tenant from the further performance by the Tenant of the covenants herein contained on the
part of the Tenant.
TENTH.- This lease shall be subject and subordinate at all times, to the lien of the mortgages
now on the demised premises, and to all advances made, or hereafter to be made upon the security
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thereof, and subject and subordinate to the lien of any mortgage or mortgages which at any time
may be made a lien upon the premises. The Tenant will execute and deliver such further
imstrument or instruments subordinating this Lease to the lien of any such mortgage or
mortgages as shall be desired by any mortgagee or proposed mortgagee. The Tenant hereby
appoints the Landlord the attorney-in-fact of the Tenant, irrevocable, to execute and deliver any
such Instrument or Instruments for the Tenant.
ELEVENTH.- All improvements made by the Tenant to or upon the demised premises,
except said trade fixtures, shall when made, at once be deemed to be attached to the Freehold,
and become the property of the Landlord, and at the end or other expiration of the term,
shall be
surrendered to the Landlord in as good order and condition as they were when installed, reasonable
wear and damages by tile elements excepted.
TWELFTH.- Any notice or demand which under the terms of this lease or under any statute
must or may be given or made by the parties hereto‘shall be in’ writing and shall be given or made
by mailing the same by certified or registered mail addressed to the respective parties at
the
addresses set forth in this lease.
THIRTEENTH.- The Landlord shall not be liable for any failure of water supply or electrical
current, sprinkler damage, or failure of sprinkler, nor for injury or damage to person or property
caused by the elements or by other tenants or persons in said building, or resulting from steam, gas,
electricity, water, rain or snow, which may leak or flow from any part of said buildings, or from the
pipes, appliances or plumbing works of the same, or from the street or sub-surface, or from any
other place, nor for-interferérice with light or other incorporeal hereditaments by anybody other than
the Landlord, or caused by operations by or for a government authority in construction of any public
or quasi-public work, neither shall the Landlord be liable for any latent defect in the building..
FOURTEENTH, - No diminution or abatement of rent, or other compensation shall be claimed
or allowed for inconvenience or discomfort arising from the making of repairs or improvements to
the building or to Its appliances, nor for any space taken to comply with any law, ordinance or order
of a governmental authority. In respect to the various “service," if any, herein expressly or
impliedly agreed to be furnished by the Landlord to the Tenant, It Is agreed that there shall be no
diminution or abatement of the rent, or any other compensation , for interruption or curtailment of
such “service” when such interruption or curtailment shall be due to accident, alterations or repairs
desirable or necessary to be made or to inability or difficulty in seeming supplies or labor for the
maintenance of such "service" or to some other cause, not gross negligence on the part of the
Landlord. No such interruption or curtailment of any such "service" shall be deemed a
constructive eviction. The Landlord shall not be required to furnish, and the Tenant shall not be
entitled to receive, any of such "services" during any period wherein the Tenant shall be in default
In respect to the payment of rent Neither shall there be any abatement or diminution of rent
because of making of repairs, improvements or decorations to the demised premises after the
date above fixed for the commencement of the term, it being understood that rent shall, in any
event, commence to run at such date so above fixed.
FIFTEENTH. -- The Landlord may prescribe and regulate the placi
of ng
gates:
machinery, quantities of merchandise and other things. The Landlord may also prescribe and
regulate which elevator and entrances shall be used by the Tenant's employees., and for the
Tenant's shipping. The Landlord may make such other and further rules and regulations as,
in the Landlord's judgment, may from time to time be needful for the safety, care or cleanliness of
the building, and for the preservation of good order therein. The Tenants and the employees and
agents of the Tenant will observe and conform to all such rules and regulations.
SIXTEENTH.- In the event that an excavation shall be made for building or other purposes
upon land adjacent to the demised premises or shall be contemplated to be made, the Tenant shall
afford to tire person or persons causing or to cause such excavation, license to enter upon the
demised premises for the purpose of doing such work as said person or persons shall deem to be
necessary to preserve the wall nr walls, structure or structures upon the demised premises from
injury and to support the same by proper foundations,
SEVENTEENTH.- No vaults or space not within the property line of the building are leased
hereunder. Landlord makes no representation as to the location of the property line of the
building. Such vaults or space as Tenant may be permitted to use or occupy are to be used or
occupied under a revocable license and if such license be revoked by the Landlord as to the use of
part or all of the vaults or space Landlord shall not be subject to any liability; Tenant shall not be
entitled to any compensation or reduction in rent nor shall thin be deemed constructive or
actual eviction. Any tax, fee or charge of municipal or other authorities for such vaults or
space shall be paid by the Tenant for the period of the Tenant's use or occupancy thereof.
Qos
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EIGHTEENTH.- That during seven months prior to the expiration of the term hereby granted,
applicants shall be admitted at all reasonable hours of the day to view the premises until
rented. In addition, at any time during the term of this lease agreement, Landlord and the
Landlord's agents shall be permitted at any time during the term to visit and examine them
at any hour of the day. Indeed, the tenant is required to provide to landlord keys to the
demised premises. In addition, the landlord or the landlord’s workmen may enter at any
time, when authorized by the Landlord or the Landlord's agents, to inspect the premises or
make or facilitate repairs in any part of the building; and if the said Tenant shall not be
personally present to open and permit an entry into said prethises, at any time, when for any
reason an entry therein shall be necessary or permissible hereunder, the Landlord or the
Landlord's agents may forcibly enter the same without rendering the Landlord or such
agents liable to any claim or cause of action for damages by reason thereof (If during such —
entry the Landlord shall accord reasonable care to the Tenant's property). arid wa hany
manner affecting the obligations and covenants of this lease; it is, however. expressly
understood that the right and authority hereby reserved, does not impose, nor does the
Landlord assume, by reason thereof, any responsibility or liability whatsoever for the care
or supervision of said: premises, or any of the pipes, fixtures, appliances or appurtenances
therein contained or therewith in any manner connected.
NINETEENTH.- The Landlord has made no representations or promises in respect to
said building or to the demised premises except those contained herein, and those, if any,
contained in some written communication to the Tenant, signed by the Landlord. This
instrument may not be changed, modified, discharged or terminated orally.
TWENTIETH.- If the Tenant shall at any time be in default hereunder, and if the
Landlord shall Institute an action or summary proceeding against the Tenant based upon
such default, then the Tenant will reimburse the Landlord for the expense of attorneys' fees
and disbursement thereby incurred by the landlord, so far as the same are reasonable in
amount. Also so long as the Tenant shall be a tenant hereunder the amount of such expenses
shall be deemed to be "additional rent" hereunder and shall be due from the Tenant to the
Landlord on the first day of the month following the incurring of such respective expenses.
TWENTY-FIRST.- Landlord shall not be liable for failure to give Possession of the
premises upon commencement date by reason of the fact that premises are not ready for
occupancy, or due to a prior Tenant wrongfully holding over or any other person
wrongfully in possession or for a v other reason: in such event the rent shall not commence
until Possession is given or is available, but the term herein shall not be extended.
THE TENANT FURTHER COVENANTS:
TWENTY-SECOND.- If the demised premises or any part thereof consist of a store, or of a
first floor. or of any part thereof, the Tenant will keep the sidewalk and curb in front thereof
clean at all times and free from snow and ice, and will keep Insured in favor of the Landlord,
all plate glass therein and furnish the Landlord with policies of insurance covering the same.
TWENTY-THIRD.- If by reason of the conduct upon the demised premises of a business not
herein permitted, or if by reason of the improper or careless conduct of any business upon or use
of the demised premises, the fire insurance rate shall at any tine be higher than it otherwise
would be, then the Tenant will reimburse the Landlord, as additional rent hereunder, for that
part of all fire insurance premiums hereafter paid out by the Landlord which shall have
been charged because of the conduct of such business not so permitted, or because of the
improper or careless conduct of any business upon or use of the demised premises, and will
make such reimbursement upon the first day of the month following such outlay by the
Landlord; but this covenant shall not apply to a premium for any period beyond the expiration
date of this lease, first above specified. In any action or proceeding wherein the Landlord and
Tenant are parties, a schedule or "make up” of rate for the building on the demised premises,
purporting to have been issued by New York Fire Insurance Exchange, or other body making
fire insurance ales for the demised premises, shall be prima facie evidence of the facts therein
stated and of the several items and charges included in the fire insurance rate then applicable to
the demised premises.
TWENTY-FOURTH.- If a separate. water meter be installed for the demised premises, or
any part thereof, the Tenant will keep the same In repair and pay the charges made by the
municipality or water supply company for or in respect to the consumption of water, as and
when bills therefore are rendered. If the demised premises, or any part thereof, be supplied with
water through a meter which supplies other premises, the Tenant will pay to the Landlord, as
and when bills are rendered therefore, the Tenant's proportionate part of all charges which the
Gres
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municipality or water supply company shall make for all water consumed through said meter,
as indicated by said meter. Such proportionate part shall be fixed by apportioning the respective
charge according to floor area against all of the rentable floor area In the building (exclusive of
the basement) which shall have been occupied during the period of the respective charges,
taking into account the period that each part of such area was occupied. Tenant agrees to pay as
additional rent the Tenant's proportionate part, determined as aforesaid, of the sewer rent
or
charge imposed or assessed upon the building of which the premises are a part.
TWENTY-FIFTH.- That the Tenant will purchase from the Landlord, if the Landlord
shall so desire, all electric current that the Tenant requires at the demised premises, and
will pay
the Landlord for the same, as the amount of consumption shall be indicated by
the meter
furnished therefore. The price for said current shall be the same as. that charged
for
consumption similar to that of the Tenant by the company supplying electricity in the same
community. Payments shall be due as and when bills shall be rendered. The Tenant
shall
comply with like rules, regulations and contract provisions as those prescribed by said
company-
for a consumption similar to that of the Tenant.
TWENTY-SIXTH.- If there now is or shall be installed in said building a "sprinkle
r
system" the Tenant agrees to keep the appliances thereto in the demised premises in repair
and
good working condition, and if the New York Board of Fire Underwriters or
the New York Fire
Insurance Exchange or any bureau, department or official of the State or local
government
requires or recommends that any changes, modifications, alterations or additional sprinkle
r
heads or other equipment be made or supplied by reason of the Tenant's business,
or the
location of Partitions, trade fixtures, or other contents of the demised premises, or if such
changes, modifications, alterations, additional sprinkler heads or other equipment in the demised
premises are necessary to prevent the imposition of a penalty or charge against the
full
allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or
by
any Fire Insurance Company, the Tenant will at the Tenant's own expense, promptly
make and
supply such changes, modifications, alterations, additional sprinkler heads or other
equipment.
As additional rent hereunder the Tenant will pay to the Landlord, annually in advance,
throughout the term § -Q- toward the contract price for sprinkler supervisory
service.
TWENTY-SEVENTH.. “See Rider”
TWENTY-EIGHTH.- This lease is granted and accepted on the especially understood and
agreed condition that the Tenant will conduct his business in such a manner both as regards
noise and kindred nuisances, as will in no wise interfere with, annoy, or disturb any other
tenants, in the conduct of their several businesses, or the landlord in the management of the
building, under penalty of forfeiture of this lease and consequential damages.
TWENTY-NINTH.- The Landlord hereby recognizes NONE as the Broker who negotiated
and consummated this lease with the Tenant herein, and agrees that if, as, and when the Tenant
exercise the option, if any, contained herein to renew this lease, or fails to exercise the option, if
any, contained therein to cancel this lease, the Landlord will pay to said broker a further
commission in accordance with the rules and commission rates of the Real Estate Board in the
community. A sale, transfer, or other disposition of the Landlord's interest in said lease shall
not operate to defeat the Landlord's obligation to pay the said commission to the said broker.
The Tenant herein hereby represents to the Landlord that the said broker is the sole and only
broker who negotiated and consummated this lease with the Tenant.
THIRTIETH.- The Tenant agrees that it will not require, permit, suffer, nor allow the
cleaning of any window or windows in the demised premises from the outside (within the
ineaning of Section 20_ of the Labor Law) unless the equipment and safety devices required by
law, ordinance, regulation or rule, including, without limitation, Section 202 of the New York
Labor Law-, are provided and used, and unless the rules, or any supplemental rules of the
Industrial Board of the State of New York are fully complied with: and the Tenant
hereby
agrees to indemnify the Landlord, Owner, Agent, Manager a d/or Superintendent as result
of
the Tenant's requiring, permitting, suffering, or allowing any window, or windows in the
demised premises to be cleaned from the outside In violation of the requirements of the
aforesaid laws, ordinances, regulations and/or rules.
THIRTY-FIRST.- The invalidity or unenforceability of any provision of this lease
shall in
no way affect the validity or enforceability of any other provision hereof.
THIRTY-SECOND.-In order to avoid delay, this lease has been prepared and submitted to
the Tenant for signature with the understanding that it shall not bind the Landlord unless and
until it is executed and delivered by the Landlord.
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THIRTY-THIRD.- The Tenant will keep clean and polished all metal, trim, marble and
stonework which are a part of the exterior of the premises, using such materials and methods as
the Landlord may direct, and if the Tenant shall fail to comply with the provisions of this
paragraph, the Landlord may cause such work to be done at the expense of the Tenant.
THIRTY-FOURTH.- The Landlord shall replace at the expense of the Tenant any and all
broken glass in the skylights, doors and walls in and about the demised premises. The Landlord
may Insure and keep insured all plate glass in the skylights, doors and walls in the demised
promises, for and in the name of the Landlord and bills for the premiums therefore shall be
rendered by the Landlord to the Tenant at such times as the Landlord may elect, and shall be
clue from and payable by the Tenant when rendered, and the amount thereof shall be deemed to
be, and shall be paid as, additional rent.
THIRTY-FIFTH.- This lease and the obligation of Tenant to pay rent hereunder and
perform all of the other covenants and agreements hereunder on part of Tenant to be performed
shall in nowise be affected, impaired or excused because Landlord is unable to supply or is
delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is
delayed in making any repairs, additions, alterations or decorations or is unable to supply or is
delayed in supplying any equipment or fixtures if Landlord "s Prevented or delayed from so
doing by reason of governmental preemption in connection with National Emergency declared by
the President of the United States or in connection with any rule, order or regulation of any
department or subdivision thereof of any government agency or by reason of the conditions of
supply and demand which have been or are affected by war or other emergency,
THIRTY- SIXTH Tenant shall be responsible for its own utilities, including electricity, gas,
heat, water and sewer.
THE LANDLORD COVENANTS
FIRST.-That if and so long as the Tenant pays the rent and "additional rent" reserved
hereby, and performs and observes the covenants and provisions hereof, the Tenant shall
quietly enjoy the demised premises, subject, however to the terms of this lease, and to the
mortgages above mentioned, provided however, that this covenant shall be conditioned upon the
retention of title to the premises by Landlord.
And it is mutually understood and agreed that the covenants and agreements contained in
the within lease shall be binding upon the Parties hereto and upon their respective successors,
heirs, executors and administrators.
In witness whereof, the Landlord and Tenant have respectively figned and sealed these
presents the day and year first above written.
IN PRESENCE OF: BY"
(
LANDLORD
cel
WeoecA howe a wd
ee mes
TENANT
FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/02/2024
State of New York County of Soon 58.3
On Hyoka, 2013 before me, the undersigned, a Notary Public in and for said State,
personally meee Me hr y ak Ke haa ; Barger M thth
personally known ‘to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument, f
(nature dnd affeg of person taking
acknowledgment)
MARIANNE GONZALEZ
Notary Pubite, State of New
York
cual 2104768021
State of New York County of $8.3 Commission Expiee Sly 31, Ze y
On before me, the undersigned, a Notary Public in and for
said State,
personally appeared
the subscribing witnesses) to the foregoing instrument, with whom I am personally
acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the
place of residence is in a city, include the street and street number, if any, thereof);
that he/she/they know(s)
to be the individual(s) described in and who executed the foregoing instrument: that said
subscribing witnesses) was (were) present and saw said
execute the same; and that said witnesses) at the same time subscribed his/her/their name(s) as a
witnesses) thereto
(signature and office of person taking
acknowledgment)
BUILDING
Premises
--=,-================--======
Woodhaven Assets Co.
Landlord
to
Woodhaven Manor Caters and Banquet, Inc.
Tenant
=========___===--=-=====-
LEASE E
== ==== ===
FILED: QUEENS COUNTY CLERK 07/02/2024 12:01 PM INDEX NO. 713779/2024
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/02/2024
GUARANTY
In consideration of the letting of the premises within mentioned to the Tenant within
named, and of the sum of One Dollar, to the undersigned in hand paid by the Landlord within
named, the undersigned hereby guarantees to the Landlord and to the heirs, successors and/or
assigns of the Landlord, the Payment by the Tenant of the rent, within provided for, and the
performance by the Tenant of all of the provisions of the within lease. Notice of all defaults is
waived, and consent is hereby given to all extensions of time that any Landlord may grant.
Dated, Meh 7. 2078 e EEE
State of New York County of paovs 55.:
On af'y / 3 be ore, me, thy undersigned, a Notary Public in and for said State,
personally appe