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HomeMy WebLinkAbout1435 UIGIU. .orICI: N~1cl4t of ~ia9. flaauaD~ ~ sec:~1oD 261 of the ToWn Law and the ~ia1oDa of the ....cIed Bulld1n9 ZODe 0I:cU.narlclt of the ToWn of SWt:hol4. suffolk COWlty. New York, public heui.D9. will be beld ~ the ZOIl1a'J BOard of APll1'1llf of the 'fOWII of SOUthol4, a~ the 'l'Owft Offlce, *ia Road, Southo14, .... YOX'k, OIl J\me 11, 1911 OIl the follCllllli.D9 .....1.. 1.30 P.M. (B.D.S.T.) upon Qp1icaUon of Joa&Jb <u,oac1a. 106 ll,r.~oJt_ A....... IIori:hpoz'~, New Yark. "tal' D. P1&lIIU.'elli, 20 P1...1o Lane, St.. Jame8, .... Y_k, " lteubeft Week_, J YOWlV'. LaDe, set.auke~. New YOX'k. fOX' IlpprllWa1 of acceaa 0\fU pcivate r1gbt-of- ..y ia llCCOX''-'- with tha State of Hew YOdc ToWn Law. sec~1oD 20M. Locat.ion of pcopeztyt acuth e1de of MIlia Road, l:a8t Mu1on. I:ttIW York. bOuD4ed north ~ MIlia RoatS, ...~ ~ Vall. IJCIUth ~ OI::f.4mt. uubor. ..t. by l1ukill. 7.41 P.M. (B.D.S.T.) UpoD applicaUOII of p~t. PeakeX'. C~ll JIM, ... YOX'k, fOX' a apec1a1. exaeption in accOX''-- with the lIOII1II9 ClI'4t.,....... Article 111. sec:t.ion Joo, Bu..ct.1on 5 (d). fOX' penI1aa1oD to utP1iah and opuate . &"Lt~ _dIIIIy and polly r1d8a. LocaUOII of Pl"lJIIuty. 1aacI of Agua D. Mcl.1uDft191e. ftOX'th .1d8 of lU&I1. _.d (Ca 27). Cutchogue, ... 'lOX'k. boaaded ~ Legal lIIot- tee Pap ..2. :by J. lillcUt-aociety toJ: the PrOJlla9llt1oal of the raith. ...t 1Iy A. . a. ,...,l_Jk. ~th by M16I1e Itoad (n27). ~ by 'ftI~'II. lIbabey. 8.00 ..M. (B.D.S.'1'.) upon appl1cat:l.an of Waltu W1n14lWaJci. Grand A"Due. Matt1t:uck. New York. for a var1alln !n ac:cordanoe with the ZOD1ng Olr:d1nanoe. Art1cle III. Sed:1oal 305. for pem18.1on to cOIl8truct an acJ41t1on to exut1llg cIIfe1l1ll9 with redace4 froatyax4 ..t1MIGk. LoCIat1on 01 property. ....t 81" of _and A"...... Mat:t:1t.uck. _.. ~. bouh<'led aortb by Henry Z~oeJitl. ...t 'by __4 A"..... ItO\Ith by N. Bru1dl. "...t by llo'bt. Holf.1Clllr. e,15 P." (II.D... '1'.). upon appl1catiOll of ....1 BU1acrIa. Marl.... Lane. Matt:l.tuck. III.. ~. for a var1ance lD aecordaRce with the zon1ng Ordinance. Article III. 1lect:1oal 305. for pemUdOD to COIUJUuct. acl41t:1on t.o ex18t.1II9 dwell11lg with reduced frontyaxd Ht'back. Locat.ion of ~opeJ:''''' ,...t .ide of Marl..... I.oaDe. MatUtuck. 11Ift YoP:. 'bOUIt~o! north 'by W.J. :KeU. _t. 'by Marlene LaM. South 'by J~ Panning. "...t 'by Mattituck Park ProperUes .ub- divulOII. 8,30 P.M. (II.D.8.'1) \lPClA appl1caUan of DOMld . Viola Meral.'. 115 AIIh au_t.. w..twood. Mew JUMY 01.". for a var1aDc. 111 aClC_~- with the ZClIl1ll9 Grell...,.. Article III. Section 305. for pem188ioa to con.uuct addition to exi8t1ll9 dwell111g with reduced frolltyaxd .et'back. Locat1on of propert.y, 80Uth Bide of A..... a. '1ahen Ialu4. Mew York. ~ Mrth 'by A....... a. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law ~the pro_ODS ot tile amended Building ZOIIG", OrdInance or the Town or South- old, SU1follt County, New York, publlc hearings wlll be held by the Zonlog Board of Appeals of tbe Town or Southold, at. the Town Office, Main Road, South- old, New York, on June 17, 1971 on the following appeals: 7:30 P. M. (ED8I'), upon ap- plication of Joseph Gloocla, 106 Asharoken Avenue, Northport, New York, Peter D. Plzzarelll, 20 Pinoak Lane, St. James, New York, & Reuben Wecker, 3 Young'! Lane, 8etauket. New York, for awroval of access over private right-of-way in accord- ance with tbe State of New York Town Law, Section 280A. Loca- tion of property: south side of MaIn Road, East Marlon, NE!W York, bounded nortb by Main Road, east by Vall, south by .Orient Harbor, west by Hukill. 7:45 P. M. (EDST) , upon ap- plication of Robert Feaker, Cut- chogue, New York. for a special exception in accordance with the Zoning OrdInance, Article III, Section 300, SUbsection 5 (d), for permission to establish and operate a riding academy and pony rides. Location- of property: land of Agnes D. McGunnlgle, north side or MIddle Road (eR 27), Cutchogue, New York, bounded north by J. 81mclk-So- clety for the Propagation of the Faith, east by A. & B. Pawluc- ~k, soutb by Middle Road (CR 27), west by Thomas Shalvey. 8:00 P. M. (EDST), upon ap- plication of Walter Wisniewski, Grand Avenue, M'attittick, New York. for a variance in accord- ance with tile Zonlog Ordinance, ArtIcle III, Beetlon 305, for per- mission to construct addition to exI8tIng dwelllog with reduced frontyard oetback. Location of property: west side of Grand Avenue, Mattltuck, New York, bounded north by Renry Zlm- IlOllkI, e..t by Grand Avenue, llOUth by N. lIrusIch, west by Robt. HoIfelder. 8:15 P. M. (BOST) , upon ap- 00 pllcatlon of Paul Haslach, Mar- lene Lane, Mattltuck, New York, for a variance In accordance with the ZonIng OrdInance, Article m. 8ectIon 305, for permission to construct addition to existing llwelllDg with reduced trontyard setback. Location of property: west side or Marlene Lane, Mat- tltuck, New York, bounded north by W. J. Ken, east by ~arlene Lan~. south by Jos. Fanning, 'West by Mattltuck Park Proper- ties Subdl_on. 8:30 P. M. (EDST) , upon ap- pUcatlon of Donald & Viola Meyer, 115 Ash Street, Westwood, New Jersey 07675. for a-variance in accordance with the Zoning Ordinance, Article IU. section 305. (or permission to construct addltlo'n to exlstlog dwelling with reduced front yard setback. . Location of property. south side of Avenue B; Fishers Island, IIE!W York, bounded north by Avenue B, east byS. J. Doyen, sOuth by D. Gallagher, west by Henry ZabahoDSkI. Any person desiring to be heard on the above applications should appear at the time and place specified. ,DATED. MAY 27, 1971 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-IO COUNTY OF SUFFOLK STATE OF NEW YORK } ss C. Whitney Booth, Jr.. being duly sworn, soys thot he is the Editor, of THE LONG ISLAND TRAVELER - MATrITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island T raveler-Mattituck Watch- man once each week for .....0,4.(.(:.....(/.1,...... weeV successively, commencing on the ...........;.o....??3............... day of .......C}:iCd@_....., fIt;/J wi~ .ZJ s..worn to before me this ........//.......... day of ....1~~t:Lj?..... 19.:77. N j /-, ,/ ...........U..a..e:<:u,:......./.t24!J:f."f,m...... Notary Publlc f ADELE PAYNE NotJrY flu!'li,:, S!~tl~ flf New Yorl{ Rf;Si~j;I,~'-' :11 Su-1:ul:( Cuunty hd. ~j?.3041{jOO Commission lxpires March 30, 19Z' '_5 -'. - - I rl<;GAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of lhe amended Building Zone Ordinance of the Town of Suulhold, Su[[ok Counly, New York, public hearings will "be held by the Zoning Board of Appeals of the Town o[ Southold, at the Town urfice, Main Road, Soulhold, New York, on June 17, 1971 on the following appeals: 7:30 P.M. tl>.D.S.T.) upon application of Joseph Gioscia, 1~" Asharoken Avenue, Northport, New Yurk, Peter D. Pizzarelli, 20 Pinuak Lane, S1. James, New York, -& Reuben Wecker, 3 Yuung's Lane, Setauket, New York, for approval of access over private right-of-way in accord. ance with the State of New York Tuwn Law, Section 280A. Lucalion of property: south side ui' Main Road, East Marion, New Yurk, bounded north by Main Htlad east by Vail, south by Orien', Harbor, west by Hukill. 7:45 P.M. tE.D.S.T.) upon application 'of Robert Feaker, Cutchogue, New York, for a special exception in accordance with "the Zoning Ordinance, Article HI, Section 300, Sub- section 5 (d), for permission to establish and operate a riding academy and pony rides.. Location of property: land. of Agnes D. McGunnigle, north Side o[ Middle Road I CR 27), Cut- . chogue, New York, b~und~d north by J. Simcik- Society for the Propagation of the Faith, east by A. & B. Pawluczyk, soulh by Middle Road I CR 27) west by Thomas Shalvey. 8:00 P.M. IE.D.S.T.) upon application of Walter Wisniewski, Grand Avenue, MaUituck, New York for a variance in accord- ance 'with the Zoning Or.dinance, Article III Section 305, for permission to c~nstru"ct addition tu existing dwelling With r~duced fronlyard setback. LocatIon of property: west side of Grand Avenue Maltituck, New York, bounded north by Henry Zim- noski, east by Grand Avenue, south by N. Brusich, west by Robl. Hol[elder. 8:15 P.M. tE.D.S.T.) upon application of Paul Haslach, Marlene Lane, Maltituck, New York tura variance in ac- corda~lce with the Zoning Or. dinance, Article Ill, Section 305, for permission to construct ad- dition to existing dwelling with reduced front yard setback. Location of property: west side of Marlene Lane, Maltituck, New York, bounded north by W.J. Keil, east by Marlene Lane, south by Jos. Fanning, west by Mat- Iituck Park Properties Sub-div- ision. 8:30 P.M. IE.D.S.T.) upon application of Donald & Viola Meyer,1l5AshSlreel, Weslwood, New Jersey 07675,. for a varla';lce in accordance With the Zomng Ordinance, Article III, Section 305, for permission to c~mstrI~ct addition to existing dwellmg With reduced front yard setback. Location of property: south side uf A venue 8, Fishers Island, New York, bounded north by Avenue B, east by S.J. Doyen, south by D" Gallagher, west by Henry Zabahonski. 8:45 P.M. (KV.S.T.) Pursuanllo Sect iun 267, Subdivision 6 of the Town Law, of the State of New York on the Board's motion, re- heari'llgs will be held on Appeal Nu. 126 Peler Krell, Jr. - Appeal No. 2:n Peter Kreh, Jr. - Appeal No. B25 David S. Strong - all relative to establishing and operal iug a marina at the north side of Camp Mineola Road, on James Creek, Mattituck, New York. Any person desiring to be heard on the abuve applications should appear at the time and place specified. VATl>V: MAY 27, 1971 BY ORDl>ROF THl> SUUTHOLD TUWN SOARV m' APPEALS ITJIO COUNTY OF SUFFOLK. STATE OF NEW YORK. J f ss: J .., _. _ _. . ..'?!;!-1.~~:t. _r:; .'. .l?o~llf(l.P'........ being duly Sworn. says that... .Q~. . is Printer and Puhlisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport. in said county; and that thE" notia:. of which the annexed is a printed copy. has been published in the said Suffolk Weekly Times once in E"och week, for . . ..... '?~.~ . . . . . . . . . . . _ . . .. weeks suCceSSiVEoly commencing on the ..... .1;~p'1;Q..... ......... day of ......Jll.n~....~... 19..71 .~"..~@:..c.,;-;-;-;--;:-:--..;~f;;'J.......-.. Sworn t.o. lore me this. ./1-:. ~.1 ./' -.. (I ~+;;/Lt~"C~;;-c~. '/ ..... - . . . .. . . . . . . . . . .. . .. .. . . .. , . .. .. , . . U . 7.;L """'.,---.,,,-. ,,^,,'.,'~.'-"'" '~'~'~'~-"-'.-"-"" I . . A J a5-Blumber&'s Improved Gilsey FO~e ~bi5 ~grtttl1tnt BETWEEN AQIIIES D. IilC WIUUCU:. NSid1Dg at Borth Road. Box Sn. Sou1:bold. Jew rol1c as Landlord ~. !T ad JQlEJlT ~ l'8s1d.1ag a1> 0/0". ~ c.~hoeJ... 11.. Yol1c ,,-.. V JULIUS BLUMBERG, INC., LAW BLANK PUBLISHERS BO EXCHANGE PLACE. AT BROADWAY, NEW YORK and as Tenant _itnt~~ttI.J: The Landlord hereby leases to the Tenant the following premises: A. premiae. .r~ deacr!b<td Qft the aaa",.ed aux'.,.,. by Vea Tuvl !a i"1l deted Jul, 17 1 i6'; end _de 18 part h~r.ef. for the term of t.bfte ()) J8al'8 to commence.frorp t.l!e 1st ~~. ":~n,_', )1st day of' Dee~.r use. day of .f........."" 1971 and to end on the 1913 to be used and occupied only for ~ lecal \ \ \ upon the conditions and covenants following: 1st. Tbat tbe Tenant sball pay tbe annual rent of SIX HllIDiED aDd DO/100 ($600,00) allaN said rent to be paid in equal montbly payments in advaDce on tbe term aforesaid. as folJows: 1st Ma)' of eacdl JUJ' day of eacb and every montb durinK the 2nd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and e~peDse make all repairs at UIJ' ~1ae dwiD& t1le te. of __ lea.... IUJd at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements excepted. 3rd. Tbat the Tenant shall' promptly execute and comply witb all statutes, ordinances, rules, orders, regulations and require- ments of tbe Federal, State and Local Governments and 0/ any and all their Departments and Bureaus applicable to said premises, lor tbe correction, prevention, IUJd abatemel1t 0/ nuisances or otber grieval1ces, 111, UpOl1, or connected witb said p,emises duriDg said term; and sball also promptly comply witb and execute all rules, orders aDd regulations of the New Y or1: Board 01 Fire Underwriters, or any other similar body, at tbe Tenut"s OWlJ cost ud expense. 4th.. Tut tbe Tenant, successors, heirs, executors or administrators slJall not assign this agreement, or UlJderlet or under- leau UNo premises. or any part tbereof, or make any alterations on tbe premises, without tbe Ludlortf. consent in writing; or OCCDP7, or permit or suiler tbe same to be occupied for any business or purpose deemed disreputable or extra-hazardous on accolUJ't 01 me, WIder the penalty of damages and /orleiture, and in the event of a breach thereof, the term berein sball im- mediately cease and determine at tbe option 01 the Landlord as if it were the expiration 01 the original term. 5t1L.--"]jJ'case~,'-Taam~br:6re or -l1tb~ru.UH;- 1'0 doll!' bu11.l11lfr-urwhiCli tbe leasedpieiriises-iire-Jo-ciilea;-with-Outthe lault oj the Tenant or oj Tenant's agents or employees, if the damage is so extensive as to amount practically to the total destruction oj the leased premises or of the building, or if the Ladlord shall withilJ a reasonable time decide not to rebuild. tbis lease shall cease and come to an elld, ed the rent shall be apportioned to the time of the damage. III all other cases where ,be leased premises are damaged by Sre without tbe lault 01 the TenalIt or of Tellant's agellts or employees the Land- lord shaIl repair tbe damage with reasollable dispatch alter notice of damage, alld if tbe damage has rendered the premises Wltenantable, in wbole or in part, tbere sball be all apportiollment of the rent until tbe damage has beell repaired. In deter- mining wbat constitutes reasollable dispatch consideration shall be given to delays caused by strikes, adjustment of insurallce and otber causes beyond tbe Landlor((s cOlltrol. 6th. The said Tenant agrees that tbe said Landlord and tbe Landlord's agellts and other representatives shall have tbe rigbt to enter into and upon said premises, or any part thereof, at all reasollable bours for the pDrpose 01 examining the same, or making 5uchrepairs or alterations therein as may be necessary for the safety and preservatioll thereof. 7th. Tbe Tenazrt also agrees to permit the Ledlord or the Lalldlord's agellts to sbow tbe prem;ses to perSOllS wisbiDg to hir'e or purchase the same; alld tbe Tenant further agrees tbat on and after the sixth montb, next preceding tbe expiration of tbe term hereby granted, tbe LlUldlord or tbe LlUJdlord"s agents shaIl bave tbe rigbt to place notices OD tbe front of said premises, or any part tbereof, oflering tbe premises ~~To Let" or "For Sale", and tbe Tenant bereby a.rees to permit tbe same to remain tbereolJ without hindrance or molestation. ~-l.J T I II II i II 8th. That if the said premises, or lUJy part t.llereol shall he deserted or b.oom. vacaDt duriug said term, or il IUJY de/ault be made in tb.e payment of the said rent or any part tbereol, or if any de/au/tbe made in tbe perlormuce 01 uy 0/ tbe cove~ nants herein contailJed, tbe Landlord or representatives may re~eIJter the said premises by lorce, summary proceedings or otherwise, and remove all persons there/rom, without being liable to prosecution therefor, and tbe Tenant hereby expressly waives tbe service of any notice in writing 01 intention to re.enter. and tbe TenaIlt shaJl pay at tbe same time as tbe rent becomes payable under the terms hereol a sum equivalent to the rent reserved berein, and tbe LlUJdJord may rent tbe premises on beball 01 tbe Tenant, reserving the right to rent tbe premises for a longer period of time tban lized in tbe original lease witbout releasing tbe original Tenant from any liabi1ity~ applying any moneys collected, first to tbe ezpense of resuming or obtaining possession, second to restoring tbe premises to a rentable condition, and then to the payment of the rent and all other cbarges due and to grow due to the Landlord, any surplus to be paid to tbe Tenant, who sball remain liable for any deliciency. 9th. Landlord may replace, at tbe expense of Tel1.ant, any aDd all broken glass in and a,bout tbe demised premises. Landlord may ilJSure, and keep insured, all plate glass. in tbe demised premises for and in tbe name of Landlord. Bills, for the premiums tberefor sbaIJ be rendered by Lmdlord to Tenant at such times as Landlord may elect, md shaII be due from, and payable by Tenant when rendered, and tbe amount thereof sball be deemed to be, and be paid as, additional rental. Damage and injury to the said premises, caused by tbe carelessness, negligence or improper conduct on tbe part of tbe said Tenant or the Tenant's -age1Ifr-oremployeessbaH-benrepaued as speedilyaa possible by tbe Tenant attbe -Tenant's6Wn-costand expense. 10th. That the Tenant shall neither encumber nor obstruct the sidewalk in IroDt 01, eDtrance to. or haIls BlJd stairs 01 said premises, Dor alloW' the same to be obstructed or encumbered iD any mSlJner. 11th. The Tendt shall Deither place, or cause or allow to be placed, any sign or sigDs of any kiDd whatsoever at, in or about the entraDce to said premises or any other part of same, except in or at such place or places as may be indicated by tbe Land- lord and consented to by tbe Landlord in writing. And in case tbe Landlord or tbe Landlord's representatives shall deem it necessary to remove any sucb sign or signs in order to paiDt the said premises or tbe building wherein same is situated or make any other repairs, alterations or improvements in or upon said premises or building or any part tbereof, tbe Landlord sball bave tbe rigbt to do so, providing the same be removed and replaced at tbe Landlord's ellpense, wbenever tbe said repairs, alterations or improvements shall be completed. 12th. Tbat the Landlord is exempt from any and all liability for any damage or injury to person or property caused by or resulting Irom steam, electricity, gas, water, rain, ice or snow, or any leak or Sow Irom or into any part 01 said building or Irom any damage or injury resulting or arising from any other cause or happening wbatsoever unless said damage or injury be caused by or be due to the negligence of the Landlord. 13th. That if default be made in any 01 the covenants herein contained, then it sball be lawful for tbe said Landlord to re~ enter tbe said premises, and the same to have again, re-possess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to re-enter. 14th. That tbis instrument shall not be a lien against said premises in respect to any mortgages tbat are now on or tbat here~ after may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective 0/ tbe date of recording and the _T.enant ag_rees tt) u:~ ecrite aDY such instrument without cost, wbicb may be deemed necessary or desirable to further eflect the subordination 01 this lease to any such mortgage or mortgages, and a refusal to execute sucb instrument sball entitle tbe LBlJdlordj or the Land- lord's assignsud legal representatives to the option of cancelUng this lease without incurring any expense or damage and tbe term hereby groted is e-rpressly Umited accordingly. 15th. The Tenant has this day deposited with the Landlord the sum of , as security for tbe fr.tll and laitblul petformance by tbe Tenant 01 all the, terms. covenants and conditions 0' this le-ase-upon- tbe T-e-ft"anf$ part t-o be performed, which said sum shall be returned to the Tenant after the time lixed as the ellpiration of the term herein, provided the Tenant has fully and laithfr.tlly carried out all of said terms, covenants and conditions on Tenan-(s part to be performed. In the event 01 a bona lide sate, subject to this lease, the Landlord sbaIl have the right to transfer the security to the vendee for the benelit of tbe Tenant aDd the Landlord shall be considered released by the Tenant from ,III liability for the return 0/ sucb security; and tbe Tenant agrees to look. to tbe new Landlord solely lor the return of the said security, and it is agreed tbat this shall apply to every transfer or assignment made of the security to a new Landlord. 16th. That the security deposited under this lease sbaIl not be mortgaged, assigned or encumbered by the Tenant without the written consent 01 tbe Landlord. 17th. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in tbe payment 01 tbe rent or any part thereof as herein specified, or if, witbout the consent of tbe Landlord, the Tenant shall sell, assign, or mortgage this lease or if default be made in the performance 01 any of the covenants and agreements in this lease contained on the part 01 the Tenant to be kept and performed. or il tbe Tenant shall lail to comply with any of the statutes, ordinances, rules. orders, regulations and requirements of the Federal. State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall lile or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment lor the benelit of creditors or take advantage 01 any insolvency act, the Landlord may, if the Landlord so elects~ at any time thereafter terminate this lease and the term hereof, on giving to tbe Tenant five days' notice in writing 01 the Landlord's intention so to do, and this lease and the term hereol shall expire and come to an end on the date fixed in such notice as if tbe said date were tbe date originally fized in this lease for the ezpiration hereol. Such notice may be given by mail to the Tenant addressed to the demised premises. 18th. Tenant shaIl pay to Landlord tbe rent or charge, which may, during tbe demised term, be assessed or imposed for the water used or consumed in or on tbe said premises, whether determined by meter or otberwise, as soon as and wben the same maybe assessed or imposed. and will also pay the expenses lor the setting 01 a water meter in tbe said premises should tbe latter be required. Tenant shall pay Tenan(s proportionate part of the sewer rent or charge imposed upon the building. All such rents or charges or ezpenses sball be paid as additional rent and sbaIl be added to the next montb's rent thereafter to become due. I I 1'1 ,I I' il II II' '1' 19th. Tbat tbe Tenant will not nor will tbe Tenant permit undertenants or other persons to do anytbing in said premises, or bring anything into said premises, or permit anything to be brougbt into said premises or to be kept tberein, wbich will in any way increase tbe rate of lire insurance on said demised premises, nor use the demised premises or any part thereol. nor suffer or permit tbeir use lor any business or purpose wbich would cause an increase in tbe rate of Ere insurance on said building, and the Tenant agrees to pay on demand any such increase. 20th. Tbe failure 01 the Landlord to insist upon a strict perlormance 01 any of tbe terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies tbat the Landlord may have, and shall not be deemed a waiver of any subsequent breach or default in tbe terms, conditions and covenants herein contained. This instrument may not be changed, modilied, 'discharged or terminated orally. 21st. If tbe wbole or any part 01 tbe demised premises shall be acquired or condemned by Eminent Domain lor any public or quasi public use or purpose, then and in tbat event, the term of this lease shall cease and terminate from tbe date of title vesting in sucb proceeding and Tenant sball have no claim against Landlord lor the value 0/ any unexpired term of said lease. No part 01 any award sball belong to tbe Tenant. o o -If .[. II I' Ii II I . Iii III 1.1 Ii 1.' Iii I :1 ii " '____._'''''_..'''''M..' I I I 1 1 , . 22nd. If after delault in pay2t 01 rent or violation 01 any other provisi21 this lease, or upon the e"piration 01 this lease, tbe Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said delault, removal, expiration 01 lease, or prior to the issuance of tbe finsl order or execution of tbe warrant, tben and in tbat event, tbe said 6xtures and property shall be deemed abandoned by tbe said Tenant and shall become tbe property of the Landlord. 23rd. In tbe event tbat tbe relation of tbe Landlord and Tenant may cease or terminate by reason 01 tbe re-entry of tbe Landlord UDder tbe terms and covezzants contained in tbis lease or by tbe ejectment of tbe Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable . and shall pay in monthly payments the rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly '. agrees to pay as damages for the breach of the covenants herein contained, tbe diHerence between the rent reserved and the ': rent collected and received, if any, by the Landlord during the remainder of the unexpired term, such diHerence or denciency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such diHerence or denciency shall from time to time be ascertained,' and iris ~utually agreed between Landlord and Tenant that the respective parties hereto shalJ and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of tbe parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury or damage. 24th. The Tenant waives all rights to redeem under any law of the State of New York. 25th. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agree- ments hereunder OD part of Tenant to be performed shall in nowise be aHected, 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 nztures if Landlord is prevented or delayed from so doing by reaSOD of governmental preemption in CODnec- tion with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the condition of supply and demand which have been or are aBected by war or other emergency. 26th. No diminution or abatement 01' rent, or other compensation, shall be claimed or allowed for inconvenience or discom- lort arising from the making of repairs or improvements to the building or to its appliances, nor for any space takeD to comply with any law, ordinance or order of a governmeDtal authority. 1D respect to the various ~<services," if any, herein expressly or impliedly agreed to be lurnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement 0/ the rent, or any other compensation, for interruption or curtailment 0/ 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 difliculty in securing supplies or labor lor the maintenance of such ~fservice" or to some other cause, not gross negligence on the part 0/ the Landlord. No such iDterruption or curtailment of any such "service" shal1 be deemed a constructive eviction. The Landlord shall not be required to lurnish, and the Tenant shall not be entitled to receive, any of such "services" during aDY period wherein the Tenant shall be in default in respect to tbe payment 0/ rent. Neither shall there be any abatement or diminution of rent because 0/ making 0/ repairs, improvements or decorations to the demised premises alter the date above lixed lor the commencement of the term, it being understood that rent shall, in any event, commence to run at such date so above lixed. 27th. 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 because a prior Tenant or any other person is wrongful1y holding over or is in wrongful possession, or for any other reason. The rent shal1 not commence until possession is given or is available, but tbe term herein sha11 not be extended. " Ii Ii .1 II II Ii II :i.1 II I [I II II Ii i: 1 I I I I I 'I 28th. It is understood and agreed that this lease is 1'or the buildings and the property immediate1.y around said bulldi"'gs, that tAnd'ord has or will lease the balmlce o~ the ."1'ann" for 1'<U'IIling. Tenant herein sholl in no w1;J'1 ob~ru.ct or encumber or otherwise deny access to the I other Tenant or Tenant's to the balance 01' said prorrty. It ellA)l be 1 agreed that all Tenant's on Landlord's entire paree eMU Jlave Vl\HlIlitedl rights across that portion leased herein for purpose. 01' ingress and egress at all times. ! :i il 'I I :j And the said Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have. bold and enjoy the said demised premises for the term aforesaid. pro- vided however, that this covenant sha/J be conditioned ~on the retention of title to the premises by the Landlord. I I I I I /1 [J 11t,~/~<",-.- ~ I c I ____j....6:!cfLC_!~hh_h'::::_:_______________:________________________________:;z::._=hL. S. Agnell D. J.tcQuzm1gle ________m..__________________________________.____.________m______.____.__L. S. II II II , ., I I I ,I .' ~ub it ill mutuaU!, uubtrlltoob aub agrttb 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. signed day 01 In WitnesS' Wbtteof, the parties bave interchangeably set their hands and seals (or caused these presents to be by their proper corporate of1icers and caused their proper corporate seal to be hereto afJized) this 19 Signed, sealed and delivered in the presence of ~~~~ -L S __~:::Il:. _.;n. __ .._._~._.. . . Ii II Robert Feffker .tate of Jltlu !,ork, (;ountp of f 55.: On tbe day of 19 . belore me personally came acknowledged to me tbat be described in, and who executed. the foregoing instrument. and executed the same. to me known and known to me to be the individual II II ; ! .tate of Jlelu !,ork, (;ountp of } 55.: On tbe day of 19 . before me personally came to me known, who, being by me duly sworn. did depose and say that be resides at No. tbat be is tbe ot the corporation mentioned in. and which ezeeuted. the foregoing instrument; that be knows the seal 01 said corpora- tion; that the seal ailized to said instrument is such corporate seal; tbat it was so allixed by order 0/ the Board of 0/ said corporation; and tbat be signed b Dame thereto by like order. ,;;I:',) '~;'~r...~~!>;'-'-'. 'Of '~>t::~"~-' 1;< :~\""'~ ; ~ ~ .~. ~ '~.,,~ ~ ~ I I ~ .. ~ .. l:l .. In (;on5iberation ot tbe letting ot tbe premises witbin mentioned to tbe witbin named Tenant aDd tbe sum ot ... $1.00 paid to tbe undersigned by tbe witbin named Landlord, tbe undersigned do bereby covenant and agree, to and witb tbe Landlord and tbe Landlord's legal representatives, tbat if default sball at lUll' time be made by tbe said Tenant in tbe payment of tbe rent and tbe performance of the covenants contained in the within lease, on tbe Tenant's part to be paid and performed, tbat the-udersigned will well and---truly- -pay the said rent,Ot- any arrears thereof, that may re- main due unto the said Landlord, and also pay all damages that may arise in consequence of the non-performlUlce of said covenlUlts, or either of tbem, witbout requiring notice of any sucb default from the said Landlord. The andersigned bereby waives all rigbt to trial by jury in any action or proceeding bereinafter instituted by the Landlord, to whicb tbe undersigned may be a party. 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