HomeMy WebLinkAbout48252-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
�y • SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 48252 Date: 9/2/2022
Permission is hereby granted to:
Julianna LLC
175 Oxford Blvd
Garden City, NY 11530
To: install (1) freestanding sign (on Love Lane) as applied for.
At premises located at:
870 Love Ln., Mattituck
SCTM #473889
Sec/Block/Lot# 140.-2-17
Pursuant to application dated 7/5/2022 and approved by the Building Inspector.
To expire on 3/3/2024.
Fees:
SIGN PERMIT $75.00
Total: $75.00
Building Inspector
RD
Ec " UE
JUL - 5 2022 Do
BUILDING DEPT.
TOWN OF SOUTHOLD
APPLICATION FOR SIGN PERMIT
Date: July 1,2022 Application#
SCTM# 1000- 140-02-17 Zone District: RO
Fee: $75.00 per Sign
Type Of Sign(s): Ground[4 Roof[ ] Wall[ ] Other:
Applicant: Jason Funari Phone# (631) 839-4150 -- —,5 � v I�r1 Go
Business Name: EXIT REALTY ISLAND ELITE/ASAF GERMAN PC
,Sign Property Location: 870 Love Lane Mattituck, NY 11952
Property Owner: Julianna LLC, PO Box 271 Garden City, NY 11530
The following items are required along with the completed application.
(1) Survey or accurate plot plan showing location of existing and proposed sign(s),building
width facing streets.
(2) Colored drawings with sizes and types of material of proposed sign(s),or photos of
existing signs.
Signs cannot be installed until the applicant receives a sign permit application approved and
signed by the Building Inspector.After the sign(s)have been installed,the applicant shall request
an inspection by the Building Inspector.
If the sign(s)are in compliance,a sign permit will be issued and mailed to:
Steve Koepper-dba www.Fire SIgnZ oom
9 Brian Lane
Mt.Sinai NY 11766
STATE OF NEW YORK)
COUNTY OF )
{ )Applicant {}Agent for applicant,hereby agree to abide by the conditions and requirements
of Article XX SIGNS of the Zoning Code of the Town of Southold and other applicable laws,
rules and regulations pertaining to such signs.
Signature of Applicant
Sworn to before me this S
GUEZ
day of �U L 20�� GLORIA R tate of N
Notary Public-State of New York
NO.01R06313000
Qualified in Suffolk County
tAy Commission Expires Oct 14,2022
Notary Public
------------------------------------------------------------------
Examined: qiA- 20 4
Approved: 20
Disapprove a/c:
Building Inspector
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex
P-0.Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd.&Youngs Ave.)
Southold,NY Telephone:631765-1938
www.southoldtowxmy.gov
C/D
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 30, 2022
Mr. Steve Koepper
FireSignZ.corn
9 Brian Lane
Mt. Sinai, NY 11766
Re: Sign Permit Approval for the Approved Site Plan for 870 Love Lane Office
870 Love Lane, s/e comer of CR 48 & Love Lane, Mattituck
SCTM#1000-140.-2-17
Dear Mr. Koepper:
The Planning Board has reviewed the two proposed signs shown on the plan marked as
received in the Southold Town Building Department on July 5, 2022 entitled Exit Realty-
German Building Signage Proposal Submittal, dated June 22, 2022, pages I and 2, and
the color rendering of the sign shown on an 8.5 x 11 sheet of paper with the colors and
materiials, schedule. All are on file in the Planning Board's Site Plan application file for
the site plan referenced above.
The Planning Board approves the signs as shown in the documents referenced above
with the following conditions:
1. For Proposed Sign Structure#1 (Love Lane)—approved as proposed.
2. For Proposed Sign Structure#2 (CR 48 aka Middle Road)
The approved site plan has a 25' front yard landscape buffer where all existing
evergreens and trees must be preserved. The trees are shown on the approved
site plan. The location of this sign must not cause the removal of any evergreens
or trees in the buffer. Prior to installation, and after utility mark-out, the applicant
must mark the exact proposed location of this sign and request Planning staff site
inspection for final approval of the location.
870 Love Lane Office &Apt. Sign Page 2 August 30, 2022
3. Sign Lighting:
Lights for the signs are not included in this approval. There are no lights shown
on the plans. For any lights to be permitted to be installed for the signs,a lighting
plan must be submitted to the Planning Board for review and approval prior to
installation.
If you have any questions regarding this Site Plan or its process, please do not hesitate
to call this office.
Respectfully,
Donald J. Wilcenski
Chairman
cc: Amanda Nunemaker, Plans Examiner, Town Building Department
SIGNS
$APINERS
M AG N E'I'S
JOS SITES
VGFIICLE SVCS
LT,TTI;I2ING,
WINDOW GRAPHICS
DECALS. WRAPS
i DOT O's ti.DOORS
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Town of Southold
ireelch more---
Building Department SEP
�vw.v_f reaign:a.coni
PO Box 1179 BUILDING DE (G3I) o76-1164
s h Ics�;R resig�nz_com
Southold NY 11971 TO�Pd -OF S.� y1'*
September 10, 2022
To:Town of Southold Building Department
From: Steve Koepper-Fire SignZ
In Reference to Sign Permits—870 Love Lane, Matituck
Please find enclosed TWO checks for the signs to be erected at the parcel known as 870 Love Lane. I
know that at this time ONLY sign 1,on Love Lan,e has been approved for installation and that the second
sign—on Middle Road is pending Planning Department approval.
I apologize for not making it in person last week as promised to deliver these checks but I was otherwise
engaged and unable to make it out to you prior to end of business hours.
Please apply the first check to the love lane facing permit so that it may be issued and hold onto the
second check for application upon approval by planning.
Please know that the requested stake out markings have been done in compliance with the request by
planning and I am no just waiting for their inspection and approval (based on the required 25'setback
on middle road).
Thanks for all of your help!
Bunch, Connie
From: Cummings, Brian A.
Sent: Thursday, September 22, 2022 11:39 AM
To: 'skoepper@optonline.net'
Cc: Bunch, Connie; Michaelis,Jessica
Subject: Signage - 870 Love Lane
Good morning Steve,
If you have not yet received official notification, please know that the Planning Board had no objection to the sign
locations staked out on site.The proposed sign along CR48 is still partially within the 25'vegetated buffer(measuring
from R.O.W not edge of pavement), but because no trees or plantings have to be removed this location is sufficient.
Thank you,
Brian
Brian A. Cummings,Town Planner
54375 NYS Route 25
P.O. Box 1179
Southold, NY 11971
(631) 765-1938
1
Fire,$ipZ=Sign Permit and Expediting Services
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement(the"Agreement")is made and entered into
this 28 th day of nn ,2021,by and between Fire SignZ,a sole proprietorship formed pursuant to the laws of the county of Suffolk,
New York and with principal place of business at 12 Falmouth Drive,Mount Sinai,NY 11766 and EW Island Elite Realty whose
address 4699 Nesconset Hwy Suite 2.Port Jefferson Station,NX 11776.
WITNESSETH:
WHEREAS,EXIT Island Elite desires to retain an independent contractor to perform certain professional services which require professional judgment
and skills and may or may not require necessary supervision and performance of some ancillary tasks or use of equipment such as instruments,tools,or
machinery;and
WHEREAS,Fuo SignZ has special professional expertise and knowledge regarding the sign code,town procedures and hearings processes in the
involved area and is willing to provide the professional services desired by.
NOW,THEREFORE,in consideration of the agreed upon hemiy fee ef$7-5;00 Aw to be billed based on AGFUAL logged finte fer standard
applieefien,resmeh and submAssien AND an agreed upon fee ef$150A0/hf fer-hearings(e.g.Plmr�ng Beard,Beard ef Zening Appeals ete) wi
said legs at eaeh ifweiee submAssien. hoveiees shall be submitted by Erne SJ1VZ aad paid by====in a finiely fiashien
Set FDL®FEE of$624.72 PLUS any applicable fees payable directly to Southold town(estimated to be$ISO at time of
drafting this agreement)
ARTICLE I
PROJECT OVERVIEW
Fire SignZ shall provide for EXIT the professional services described below,commencing from time of execution(June 2022)until a time no later than
December 2022(the"Term"),or such time as required to submit and file ALL necessary documentation in order to achieve sign permit and any
ancillary applications and approvals as may be required by the Town of Southold,County of Suffolk and/or State of New York,in order to achieve
permit approval for erection of and installation of ground post sign(s)to be located on the subject parcel within the confines of the sign code TOS§
280-80. If within the term of this agreement,satisfactory completion has not be achieved,EXIT may,at their option,exercise an extension for a period
of not less than 6 months at the same agreed upon rate. If additional time is required beyond the total timeframe of twelve months,a new agreement
may be negotiated(or at the option of FheSignZ exclusively may be renewed at existing rate). Any plans,drawings,specifications,or other documents
which require drafting services shall be secured or provided for by Fite SignZ on behalf of EXIT Island Realty at the
faced agreed upon amount
eacbtsM of stamped drawings or updated surveys.
ARTICLE II
PROFESSIONAL EXPERTISE
Fire SignZ has represented to EXIT Island Realty that Fire SignZ possesses the necessary experience and expertise to perform the Services described
above,and EXIT Island Realty has relied on Fire SignZ representations to that effect.Fire SignZ will proceed with the Project and will provide the
Services in a manner consistent with the standard of care practiced by similar professionals in the field. Fre SignZ shall be held harmless against
delays or additional costs due to misrepresentations,withholdings omissions intentional or otherwise of information,filings or other requested
documentations,fees or statements as required to be conveyed by EXIT Island Realty.
Anticipated Fees,Costs and Overall Project Scope
Based on previous experiences with local townships including Brookhaven,Islip and Babyln,an application for permit from the Building Department is
likely to take a minimum of 20-40 cumulative hours BASED ON AN application which completely complies with all current codes and laws and
requires NO variances,research,modifications or additional tasks or submissions for compliance. Any additional obstacles which may exist ARE NOT
known to Fire SignZ and will be considered in addition to this expected timeframe and billed in accordance with the hourly rate shown above. This
agreement is for professional service assistance which is NOT REQUIRED in order to obtain said permit and is in no way a guarantee of any specific
outcome or permit approval. A rSOl1�ThLOW TOWN—thevere cmeat;y fflAft with a (3)wae&w�inm
$Uhad ay toissamwafpazmit
AGREED UPON by and between the undersigned:
For EXIT Island Realty Fore i nZ
Signature Signa�Te
CC)
Printed Printed
On this day ofSU� 200 .
SURVEY OF PROPERTY
SITUATE
,. . MATTITUCK
TOWN OF SOUTHOLD
�a sem. SUFFOLK COUNTY, NEW YORK
�A .• ,,, �/ \ o., S.C. TAX No. 1000-140-02-17
A%
.- c^ SCALE 1"=20'
; ` \\ NOVEMBER 16, 2020
AREA = 30,349 sq. ff.
0.697 ac.
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�� n• �'•� / s a�Py SEPTIC SYSTEM TIE MEASUREMENTS
/ +�� la BUILDING BUILDING
• a' �i��'�� .\ R� ey�0�o S� CORNER QA CORNER
Bps. SEPTIC TANK
\ 4py I.JN. INLET COVER\ 19.5' 19.5'
2'aw' SEPTIC TANK
OUTLET COVER 22 20'
t!L0 \ \sed ° y �O LEACHING GALLEY 32' 25'
18O' COVER 1
��•q. �u' LEACHING GALLEY 42' 33.5'
Z B ,+ COVER 2
vp-.
{• �• ti`Lp LEACHING GALLEY
COVER 3 30' 20'
_ qP d' •'. e -0o' `C) -
\ '�'•' � ry LEACHING GALLEY
°' :•_, e 5 1J� 4� COVER 4 41' 30.5'
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PREPARED IN ACCORDANCE WITH THE MINIMUM
by h� STANDARDS FOR TITLE SURVEYS AS ESTABLISHED
'y .pT yE. 4 + P BY THE LI.A.LS.AND APPROVED AND ADOPTED
FOR SUCH USE BY THE NEW YORK STATE LAND
,•tB' °�, .SCP JUL — 5 2022 TITLE ASSOCIATION. _
IP BUILDING DEPT. y�0 .cry; 09 .
\/�j\ /i°/ ;,'�x•' S�°'" �lol��toti TOWN OF SOUTHOLD4r�'`;i
•!00
Y.S. Lia. No. 50487
UNAUMRIZEO ALTERATION OR ADDITION
\ /
O' SECTION no9�OFrsTHEVNEUW YONRK�STATE
0. \ 5 EDUCATION LAW. Nathan Taft Corwin III
COPIES OF THIS SURVEY MAP NOT BEARING
• ♦: THE SURVEYOR'S INKED SEAL OR Land Surveyor
EMBOSSED'EAL SHALL NOT BE CO
EMNSIDERED
'+ TO BE A VAIJI)TRUE COPY.
. d L
\ ONLY TO
INDICATED F HEREON SHALL RUN
ONLY TO THE PERSON FOR WH04 THE SURVEY
IS PREPARED,ANO ON HIS BEHALF TO THE Successor To:S1a01ey J. Isakaen,Jr.L.S.
11itE COMPANY,GOVERNMENTAL AGENCY AND Joae h A In a no Jr.
- LENDING INSTITUTION LISTED HEREON,AND P 9 9
70 THE ASSIGNEES OF THE LENDING IN"— Title$Urve $UbdiVlaion9 — Site%Ona — CanstNCban L
7UION.CERTIFICATIONS ARE NOT TRANSFERABLE ys— ayout. .
PHONE (631)727-2090 Fax (631)727-1727
THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT M UNG ADDRESS -
AND/OR EASEMENTS OF RECORD,IF 1588 Maln Road P.O. Box 16
ANY,NOT SHOWN ARE NOT GUARANTEED, Jamesport,New York 11947 Jamesport,New York 11947
APPR VEDAS NOTED?
DATE: B.P.# v�L
FEE:® BY:7
a�
NOTIFY BUILDING DEPARTMENT AT
765-1802. -8 AM TO 4 PM FOR THE
FOLLOWING INSPECTIONS:
1. FOUNDATION - TWO REQUIRED
FOR POURED CONCRETE
2. ROUGHFRAMING & PLUMBING
3. INSULATION
4. FINAL - CONST(?'_;(-,-;ON MUST
BE COMPLETE C;- ,;,0.
ALL CONSTRUCTJ,,)N SHALL MEET THE
REQUIREMENTS OF THE CODES OF NEW
YORK STATE. NOT RESPONSIBLE FOR
DESIGN OR CONSTRUCTION ERRORS.
COMPLY WITH ALL CODES OF
NEW YORK STATE & TOWN CODES
AS REQUIRED AND CONDITIONS OF
S� 'T�THG B T�A
-SOn#OtB-OM-P O BOARD
,%,'ItTH0t 01i 0G1NfiRUSTEES
870 Love Lane Mattituck NY-SIGN PROPOSAL c/o www.FireSignZcom,Mt.Sina NY
a
.. �! Materials Schedule
• ' , Double 3/4"ground contact
' • plywood glued and screw fastened
together
63 aluminum with sign faces
irectty printed onto material using
UV/LED method and overtam
• • , /
OR"in.x 5 in.White Vinyl Gothic
'%4/ Vstened
ost Cap-solid foam fitted and
*400 to each post top
y
5 in.x 5 in.White Vinyl Terming!
Post Wrap
• 1 `�) — / / 4 1 5 in.x 5 in.x 106 in.Aluminum
ence Gate Post Insert
MIDDLE ROAD PROPOSED:
2 in.x4in.x10ft.p2
rime Ground Contact internal to
B'posts - wrapped in vinyl (6'elevation) st wrap as support for sign bracket
Top sign 72"w X 25"H - printed sign 2 in.x 2 in.x 2 in.Galvanized
all/post mount bracket fastened
Bottom Sign 72" vv X 25"h — printed sign 1p posts at top and bottom of each
DOUBLE SIDED sign face-2'gale hex head screws
8 1 6 5 0 3 2 t
H SIT-G PLAN - SI(f,NAC F H
SIT7,"TE
MATTI T.iCK
TOWN OF SO4T-FOLA
4 Suf:Fou-cow-rr,NEW yowc
n O o S.C.TAX N0.1000-140-02-17
G y \ .. SCALE 1'=2A' G
j L tNE 22,2022
01
Proposed S%gw structure#:L
o-
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9:
E .nj n7 r[Jia .4Ct;cE FGma.F=::.:ln:.:;::;iial E
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EXIT REALT�'-GE
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MATT Tit CK.
TOWN DE SOLIM-FOLD
S(�t:F:FDL-COLtNT`(, NEW YORK
�1 S.C.TAX No.2000-1.40-02-17
SC LL V = 20'
�ICJ�1 22,2022
F ��Q1�5" w#. ttm h o AREA=30.3.49 SLS.'�t. F
O.C97GIC.
Proposed 5i0vt structure#i
j ��n ASAFA
Frowtage#1
(6(631)39-7419-741
9�i.
E
Love Lam
�," � ry?,•�' --'-- ,[� ,�� '•• E
TOTAL SQL-tAR,e FOOTAGE=22.1 (double sided)
6 � fa c� 00 `•.l
D �. 4+uvE� ,,ff J 0?•� .
x' Y/ i'4•`�• O •
r� ASAFA.GERMAN
Attome.Btt— proposed sLgvu structure#2
(639390-7741 �YDwtQ C 2
c Q 9
��, c
�f
TOT,AL54JMRE FOOTAryE (doubLEs:ded)
B �c y� '! ys ory r`I P. � B
DE( � �PA[ I",
i° BUILDING DEPT
TOWN Of souB oL
EXITF—EALT'—CiERMAN SI IUDINCi
SIGNACIE PP.DPOSAL SIASMITTAL.
A T _ ca.y Kaowuas
ire amom- e,10 LOVE LANE-MATTIMCK A
F.rs:e rzw.a wa.o
8 7 6 5 4 3 21
-k,
v
8 I ---7..----- 8 5 I 4 3 2 t
H
H
Proposed -S'bg vi,Stru.ctL-re # Y 'Proposed Sig v►, Stru.cty-re 2
�rowtage � � �rowtage � 2
Love La vke MU Ae RW d (27) a
TOTAL.SO-L tAP—E FOOTAC,,E _ 12.2 (double sided) TOTAL.SQL,�ARE EOOTAC,E _ (dou.ble sided) G
00
Black Background -
White lettering
1 0� no go-gag 0
Logo In corporate color
F __.___-,.__.___...__,______ with white and black
F
—7:11 WMAULIM
00
Black Background >. MAF
��++yy ��vT
White letiede I UC d 1a ��L ii
Logo In corporate actor 6�� 9)97-.925 0
a
with white and black u I ;i • o €������
At t0 rney at Law Black Background
ASAF A.
GERMAN � �y Y 9lY_774 y Goltl Lettering
i
U g v i 0 / / i White outline to letters
Attomev at I acv
Black Background
(631)390-7741 Gold Lettering ;__ .__-__.__..____.._.__.........._ _
White outline to letters
:
D
D
I I
POSTS
jo° aluwi.LVw.V ,support beam POSTS
1�0^ aluwriln cw svcpport beam
suv kevL 12° below grade avtichored iv pol��crethawe resiw suw{cew 24° below grade awchored iv pol,,��Lrethav e resivl
, L wrapped from grade to top (r') viw�l wrapped frowL grade to top (gr)
Topped with FUfed, V�nUl Ftvda1 c,otKc oilvt Topped with FC(LO Viv UL Fiv,,iRL Gothi -poly-.t
Sigw daces Sigv>,.daces r
4LuwLivLuwL sigw face fastevtied to �.�" Mariwe t�lu�wood s}luwtiv uwt sigvt,face fastewed to : .s° Mariv e Plwwood
Direct LED Priwted graphics Direct (_ED t�rivited graphics
B Lw stabile Overly m VV Stn bile Overla wl. B
FASTS N ER
PASTE N ER
_9D°caly steel brackets at top avid bottowi. of each face
90°c,aly steel brackets at top im,d bottow,of each face
XITR64L.t1 -tiERt 1AIN FWL_Di 'ct
- S�C.N4Cr6 i"u'i'fi5A1.SL;A!✓:.iTiL;.
' SEF•-,�,•. �w1 ak^CFC Rt�'kn•�;tiNti
A i�€FZI'L ...::.•,....:.....<�.. �'?.^.LOVE LANE-MA"rTITtitCK. A j I
_ _ - _. _ __ _-_ -_ -_ _ _ _ -_ _ -_ _ _ __- - _ - _ _ _ _ _ _ _ - _ _ _ _ _ _ "••`.••• '^f^'% - Mir pc•fr` •w•+A x' _ _ __ _
Docu.sign Envelope ID:83324327-lA05-45BE-A43B-C666809544DB
COM MRCIAL LEASE
,
THIS LEASE made thelday of June,2022 ,between Julianna LLC
with an office PO Box 271 Garden City,NY 11530 herein referred to as OWNER or
LANDLORD&
ELITE EMPIRE JB LLC with offices at Exit Realty Island Elite 4699 Nesconset '
Highway,Suite 2 Port Jefferson Station,N.Y. 11776 and ASAF GERMAN herein
jointly,severally and collectively referred to as TENANT. �'
Witnesseth,that the Landlord hereby leases to the Tenant,and.the Tenant hereby
hires and takes from the landlord the building(s)known as 870 Love Lane,Mattituck,NY i
11952(Commercial Space 1st Floor and basement except utility room—No access
through Bilco Door will be allowed) )
To be used and occupied as an office,for Tenant's Real Estate Office and legal
services including real estate closings and contract signings. No ancillary services may
be offered frons the premises without Landlord's written consent. (ie, Mortgage,
Home Inspector)
I.TERM&RENT
The terra of the lease is f . years. The lease shall commence on June 34
2022 and end on June, X202 . ,'
Tenant covenantsto pay to Landlord as a net minimum rent(the"fixed rent")
during the teen of this lease as follows:
i
See rent schedule annexed hereto and made a part hereof including
language for a tenant option for years 6-10 and an additional Tenant Option for
years 11-15.
i
Rent shall be due within 5 days of commencement date but may be paid in
monthly installments no later than live Days from the due date.
Late Payments shall be subject to a late payment charge of$100.
There shall bean additional charge of$75.00 for any rental payment by check
r
which is dishonored. ("bounce check charge").
i
i
i
oocusi9e Envelope IU:93324327-7A0545BE.A43B•C656Bo9544D8
2.ALTERATIONS& AI7►nITI.ONS
Tenant shall not be entitled to make any alterations of or additions to the demised
premises without the prior written consent of Landlord in each instance. Landlord shall
not unreasonably withhold or delay such consent provided that Tenant is not in default
under this lease and the alterations and additions:do not change the general character,
reduce the value or impair the usefulness of the demised premises;are effected with due
diligence,in a good and workmanlike manner acid in compliance with all applicable
laws;mules and regulations of governmental authorities and requirements of insurance
companies;are promptly and fully paid for by tenant;and are made under the
supervision of any architect or engineer satisfactory to Landlord in accordance with
plans and specifications approved by Landlord.
3. LIENS
Tenant shall indemnify and hold Landlord Harmless from and against any and all
bills for labor performed or equipment,fixtures and materials furnished to or for Tenant,
and from and against any and all liens or claims therefore or against the demised
premises or the building of which it forms a part, and from and against any and all
liability,claim,loss,damage or expense, including reasonable attomeys' fees,in
connection with any work performed by or for Tenant. The demised premises and the
building shall at all times be free of liens for labor and materials supplied or claimed to
have been supplied to or on behalf of Tenant, and no financing statements or other
security instruments shall be filed against the demised premises or the building or the
contents thereof.
Nothing in this lease shall constitute any consent or request by Landlord,
express or implied, for the performance of any labor or services or the furnishing of any j
materials or other property in respect of the demised premises or any part thereof,nor as
giving Tenant any right,power or authority to contract for or permit the performance of y
any labor or services or the furnishings of any materials or other property in any fashion
that would permit the filing or making of any lien or claim against Landlord,the demised
premises or the building.
4. CONDITION OF PREMISES
Tenant has examined and inspected the demised premises. Tenant agrees to
accept possession of the demised premises"AS IS",subject to the representations set
forth in the lease and except as expressly provided herein. Landlord shall not be
responsible for making any improvements,alterations or repairs therein.or for spending
any other money to prepare the demised premises for Tenant's occupancy, except as
expressly provided herein. In the event of substantial damage to the demised premises
pocusfgn Envelope ID;93324327-lA05-458E-AA3B-G865t3umo4auo
prior to the commencement of the term of this lease or during the lease period as a result
of weather, natural causes or any cause other than the act of Tenant or their employees,
and invitees,including but not liinited to clients,prospective clients and other individuals
that may be on the premises in the normal course of business. Landlord may elect either
to repair the demised premises to its present condition or to cancel this lease and refund
the Tenant all monies paid hereunder,not yet due and owing.
Landlord reserves the right to make such changes, alterations,additions,
improvements,repairs or replacement, in or to the Building including the premises, and
the fixtures and equipment thereof, as well as the street entrances, halls, stairways and
other parts thereof so long as access to, or use of the premises is not unreasonably
obstructed and provided same doesn't restrict,prohibit or interfere with Tenant's
business.
Tenant shall not be entitled to any allowance for a diminution of rental value as a
result of said work. Landlord represents that no such work is planned as of the date of
this lease.
Should the premises be damaged by fire or some other means, tenant must notify
landlord immediately. Either party shall have the right to cancel the lease upon 30 days
notice if the damage is estimated to take one year or longer to complete.
i
5. 'WASTE REMOVAL
i
Tenant, at Tenant's expense,shall contract for the removal, on a daily basis, of
all Tenant's garbage waste. Tenant,at Tenant's expense, shall cause the demised
premises to be exterminated from time to time to the satisfaction of Landlord.
s
6. LICENSES & PERMITS ,
Tenant agrees to secure and maintain, at its own expense,all licenses and permits from
Federal, State and local authorities as may be necessary for the conduct of Tenant's
business,and shall comply with all applicable laws,rules and regulations. Landlord does
not represent that any license or permit which may be required will be granted or, if
granted, will continue in effect or be renewed. Tenant's obligations under this lease shall ;
in no way be affected by Tenant's inability to secure or maintain any license or permit.
Landlord represents that this is a commercial property with zoning that allows for
Tenant's use as a Real Estate office.
. s
7.UTILITY SERVICES/PROPERTY MAINTENANCE ;y
Tenant shall pay all charges for all public or private utility services provided to
the demised premises;shall comply with'all contract :relating to'such services,and shall 1
do all other things`required for the maintenance and continuance of all.such,services: !
Tenant,at its-sole cost and expense;shall make allarrangements with,the
public utility company including propane serving the demised premises for obtaining and
paying for electricity at the demised premises, including without limitation arrangements
pertaining to the installation and use of meters,pans,risers,wiring,panel boards,feeders
and other conductors and equipment. Landlord shall not.be,liable or responsible for
charges for electricity at the demised premises,or any loss,damage or expense which f
Tenant may sustain or incur if either the quantity or character of electric-services is ;
changed or is.no longei,available or suitable for Tenant's re
guirenienfs:
Tenant covenants and agrees that its,use of electric current shall'riever,
exceed the capacity of the existing conductors,feeder;risers,-wiring installations or other
equipment servicing the building. Tenant'shall not alter or make any addition to the !
electrical equipment without the prior written consent of Landlord. If Landlord grants .
.such-consent,.all additional risers and other,equipment shall be provided by Landlord,
and the reasonable costs'and expenses thereof shall be paid,by.Tenant to Landlord on !
demand, as additional rent,without setoff or deduction. . =
Landlord shall be responsible for all.water;aril sewer.charges.and shall
make arrangements with the water/sewer company to be billed directly, Should the-water
bill i'crease as a'result of Tenant's use,Landlord has the right to pass on thecost of the 1
increased usage to the Tenant.
Tenant shall be responsible for.the cost of removing snow.from the subject
:premises using a contractor`designated by Landlord. Specifically,Tenant.shallbe
responsible.for the following areas: Sidewalk in front ofBusiness,,Handicap ramp,steps
on south side of premises and the walkways associated with each. Landlord,will b
responsible for the cost of snow removal in the parking lot. Tenant shall,also keep the i
sidewalk.in and around the premises,free of debris and obstructions. Should Tenant
notice'a defect in the sidewalk:they shall notify Landlord immediately.
Landlord-reserves the right to interrupt, suspend or cease any of the
services referred to herein when necessary by reason of accident,or repairs, alteration or -
impravements which in Landlord's option are necessary or.desirable,o' difficulty ar in ,
Landiord'S option are necessary Pr desirable,or difficulty or inability in securing i
supplies or labor,or strikes,or any other cause beyond the reasonable control'of, '
Landlord whether similaror-dissimilar to ihose herein abor!e mentioned. Tenant shall
not be entitled-to any diminution or abatement of fent or other compensation,,and 1
Tenarif's,obligations.under this lease shall,not be affected.or reduced;by'reason of an
interiruption;suspension or cessation of services,provided Landlord's,actioxi or failure to
Act doesn't interfere with Tenant's business'for more than 24 hours:
i
Notwithstanding anything to the contrary herein, the Landlord shall be
responsible for maintaining the lawn. i
S.Limited Liability
Tenant agrees that ,notwithstanding any other provision of this.lease,
Landlord shall not be under any personal liability under this lease and,if Landlord_
defaults hereunder,Tenant shall look solely to the interest of Landlord or its successor in
the demised premises for the satisfaction of any judgment or other judicial process
requiring the payment.of money by Landlord based upon any default hereunder,and no
other'assets of Landlord or any such successor shall be subject to levy, execution or other
enforcement procedure for the satisfaction of any such judgment or process.
9. Indemnification 1Bv Tenant
Tenant shall indemnify and hold Landlord harmless from and:against any
and all liability, claim, loss,damage or expense,including reasonable attorneys' fees,by
reason of any injury to or death of any person or persons,or injury or damage to property,
or otherwise, arising from or in connection with the occupancy or use of the demised i
premises or any work,installation or thing whatsoever done in, at or about the demised
premises, or resulting from any default by'Tenant in the payment or performance of
Tenant's obligations under this lease or from any act,omission or negligence of Tenant
or any contractors,agents,employees, customer, subtenants,licensees,guest or-invitees
of Tenant. This Article shall apply prior to the commencement of the term of this lease if i
Tenant has possession or use of the demised premises.
10.Estoppel Certificates
Tenant shall execute,acknowledge and deliver to Landlord,promptly upon
'request,a certificate stating: (a) that this lease is unmodified and in full force and effect
(or,if there have been modifications,that this lease is in full force and effect,,as
modified,and identifying the modifications); (b) the commencement and expiration dates
of the term of this Iease, (c)the dates through which fixed rent and additional•rent have
been paid; (d) whether or not there is any existing default by Landlord or Tenant with !
respect to which a notice of default has been delivered,and if there is any such default,
specifying the nature and extent thereof;and(e)whether or not there are any setoffs,
defenses or counterclaims against the enforcement of any of the agreements;terms;
covenants or conditions of this lease to be paid;complied with or performed by Tenant,
i
i
pocuSign Envelope ID:93324327-9AO5.45BE•A438-C668B09544D8
11. Securilty Deposit
Tenant has deposited with Landlord the sum of$5800 as security for the full and
faithful performance and observance by Tenant of the terms, covenants and conditions of
this lease. If Tenant defaults in the performance or observance of any term, covenant or
condition of this lease, including without limitation the obligation of Tenant to pay any
rent or other sum required hereunder,Landlord may use,apply or retain the whole or any
part of the security so deposited to the extent required for the payment of any rent or any
other sum as to which Tenant is in default of for any sum which Landlord may expend or
may be required to expend by reason of Tenant's default,including without limitation
any damages or deficiency accrued before or after summary proceeding or other re-entry
by Landlord. If Tenant shall fully and faithfully observe and perform all of the terms,
covenants and conditions of this lease,the security,without interest,shall be returned to
Tenant after the end of the tear, of this lease and the delivery of possession of the
demised premises to Landlord.
12.Assignment and Subletting
Tenant expressly covenants that Tenant shall not voluntarily or involuntarily
assign, encumber,mortgage or otherwise transfer this lease,or sublet the demised
premises or any part thereof,or suffer or permit the demised premises or any part thereof
be used or occupied by others, by operation of law or otherwise,without the prior
Ivritten consent of Landlord in each instance; Absent such consent,any act or
instrument purporting to do any of the foregoing shall be null and void.
If Tenant desires to assign this lease or sublet the demised premises, Tenant shall
submit to Landlord in writing: the name and address of the proposed assignee or
subtenant; a counterpart of the proposed agreement of assignment or sublease and all
other instruments or agreements pertaining thereto;such information as to the nature and
character of the business of the proposed assignee or subtenant, and the proposed use of
the space, as Landlord reasonably may request;banking, financial orthere credit
information relating to the proposed assignee or subtenant sufficient to enable Landlord
to determine the financial responsibility and character of the proposed assignee or
subtenant; and a statement of all sums or other consideration paid or to be paid to or by
Tenant by or for the account of the assignee or subtenant in connection with such
assignment or sublease, including without limitation sums paid or to be paid for the sale
{ or rental of Tenant's fixtures,leasehold improvements, equipment, furniture, furnishings
or other personal property. Tenant shall pay all of Landlord's costs and expenses,
including reasonable attorneys' fees,incurred in connection
and execution of any documents pertaining to an proposed assn the review,preparation
lwhich assignment will not be unreasonably, y p p gement or sublease,
I
Should the Ownership Interest of the LLC change,Tenant must notify Landlord at
least 30 days prior to such change. If the Ownership interest changes by 50%or more
that will require Landlord's consent which shall not be unreasonably withheld so long as
Guarantor's shall not change.
LWU8tgn Envelope ID:93324327-fA05-458E-A436-CW6 095"08 {
f1
i
Tenant shall trot sublease any portion of the demised premises.'
13.Brokeraae ;
Tenant.represents and warrants that,Tenant.has not dealt with any broker
{ in connection with this lease or the negotiation and execution thereof.:Tenant'agrees to
indemrrify and hold Landlord harmless from and against any claims;damage,liability,or,
expense, includin attorne s'_fees' ertainin to brokerwithwhom-Tenant,has-dealt:.
8, Y �p g Y
I Landlord shall not have any liability for any brokerage commission arising out-6f any
subletting or assignment of this lease by.Tenant,and Tenant shall indeirinify'and hold
Landlord harmless from,ancl against any claims;damage,liability-'or expense,Including
attorneys'`fees,pertaining to brokerage-commissions in connection with any.such
! subletting or assignment.
'14.Notices
All notices required or permitted to be given hereunder Adlybe.sent by
registered or certified mail,return receipt requested,addressed to Landlord orTenant,at
tate address herein above stated;or to Tenant at the demised premises,or to,such other,
address as either paryhereafte' may.designate by notice hereunder.
is Insurance
Tenant at ali.tunes during#lie term of this lease and at Tenant's expense;shall t
prvvlde and keep in force with unsure, approved by thd�Landlord comprehensive public
liability-and property-dam' age.insuranpe protecting Landlord against any and all liability
:occasioaed,by negligence, occurrence accident,disaster and other.risks'included Under.,
"extended coverage"policies;occurring in or about the'deinised premises or any part
thereof,in'amounts'approved..by th'e landlord;which at-the date,hereof'is in'the,case of
publicliability$1;000,000.00 pex:petson and$2,000,000 per,accident andS500.000 in,,
the case ofproperty damage,anl:insurance-against such other-hazards.and in sueh j
amounts that is customarily carried by tenants,6 similar stores,,as.landlord,may
reasonably.request.
All insurance,maintained by tenant.pursuanito this Artic1e;15shall name' j
Landlord and Tenant,as;insureds, shall prdvide,that any loss be payable to the,.landlord, f
notwithstanding any act,Or.failure t®act or negligence of landlord,`tenant or any other;.
peison,'and,shall.provide that no-cdncellation or reduction,or material change'in
coverage thereof will lie effective until at:least l0 days after�redeipt by landloird.'of
-wtitten notice thereof,arid'shalt be satisfactory to landloxdt acting reasonably,r in�qlf cdier
respects.
,
DoouSign Envelope 10:93324327-9Ao54513E.A43&CB66809544D6
r
li Within ten,days of the execution of this lease,tenant shall deliver to Landlord
evidence of insurance and apaid receipt. Tenant's obligation-topro videthis i
documentation shall be ongoing each and every time the insurance policy iso renewed and i
or changed. FAItLURE TU PROVIDE,INSURANCE WILL BE DEEMED A
MATERIAL"BREACH OF THIS LEASE. Landlord-at its sole discretion may choose I
to commence summary proceedings to recover possession of said premises. Alternately, 4
Landlord may:obtain insurance,on Tenant's behalf,and bill tenant for the premium'-
anount as additional rent, i
16. Destruction by Fire or Other Casual",
I f
In the case of fire damage or other damage to the premises not caused,by Tenant,
its agents, servants, employees,invitees and/or licensees,Tenant shall:giveLandlord
immediate notice of same. (a) If the premises is partially,damaged by fire,or other,
casualty, Landlord shall repair the damage and the,Rent and Additional Rent shall'be
apportioned from the day of the damage in relation to the portion of the premises that has j
• been rendered unusable'to the day that the premises has been repaired and is fully 'usable. i
(b)If the premises is totally damaged and rendered wholly unusable by fire or other
casualty, Landlord-has the right to either repair the damages or terminate the lease. '(I)in
the event that Landlord elects to.repair the damages,Rent and Additional Rent shallbe
abated for the period of time from the date of occurrence of the damage to the date that
Landlord notifies Tenant that the premises can be re-occupied;(ii)In the event that i
Landlord elects to terminate:this Lease,.Landlord.may do.so upon giving Tenant'notice of I
i his intent to do so within the sooner of ninety(9Q).days of the oecurrence'o£the damages
or thirty'(30)days from the date that the insurance claim is adjusted which.notice. 11 set
,forth a date on which the Lease shall expire,_which date shallnot be more than sixty(60)
days from the date of such,notice and upon which date this Lease shall terminate and all
_obligations owed by Landlord and Tenant to each other shall cease and all obligations
due shall be paid from one to the other. Should this Lease not be,terminated,Landlord
shall make all repairs in an expeditiousmanner subject to delays beyond the control of i
Landlord,, Tenant shall cooperate fully with Landlord after such damage is incurred in all
of Landlord' s reasonable requests to remove undamaged items in the Office. Before
making claim against the other for damages as a result of fire or other casualty, each
party shall look first to,their respective.insurance carrier. To the extent permitted bylaw
and by the respective insurance.policies,' Landlord and Tenant herebyrelease and waive
rights of discovery with respect to-the above against the other,or any one claiming
through them. If this condition can only be obtained by paying an additional premium,
then the one benefiting from such waiver shall pay the additional premium upon ten(1o)
days written notice and the one obtaining such insurance coverage is free.from any other
obligation with respect to waiver of subrogation. Tenant acknowledges that Landlord
shall not be.obli ated to
g carry any insurance for the,benefit.of Tenant with'respect to
Tenant's personal property, equipment,inventory or,the like and agrees that Landlord is'
DocuSign Envelope ID:93324327.1AO5.456E•A43&C666599544D8
not obligated to repair any damage to them. The provisions of New York Real Property
Law Section 227 are waived by both parties and the provisions of this Paragraph shall be
controlling.
'17. Bankruptev
A. This Lease may be cancelled upon Landlord's prior'ten(10)day
written notice to Tenant if there be commenced a case,whether voluntary or involuntary,
by or against Tenant or any other person or entity occupying the premises,in a
bankruptcy court in any State,or if Tenant or any other person or entity occupying the,
premises,should make an assignment for the benefit of creditors under any law. Upon f
such event,Tenant.or any other occupant shall notbe entitled to possession of the Office
and shall immediately vacate the premises and surrender same to Landlord.
B. It is,expressly agreed that in the event of a termination of this Lease
pursuant to"A'above, notwithstanding any other provision contained in this Lease,
Landlord shall be entitled to receive from Tenant,as and for liquidated damages,the
higher of(1)the maximum amount permitted by law or(2)an amount equal to the
difference between the Rent from the date of termination as set forth pursuant to' W1
above to the Termination Date and the fair and reasonable market rent for the same
period of time. In computing such amount,4he same shall be discounted at the rate of
three(3%)percent. If the premises shall be re-rented during that period of time,the rent
paid under the re-rental agreement shall be conclusive proof of the reasonable market
i
rent.
18. Glass
i
Tenant shall replace,at the expense,of tenant,any and all plate glass,
damaged or broken from any cause whatsoever in and about the demised premises.
Tenant shall insure and keep insured at Tenant's expense all plate and other glass in,the
demised premises for and in the name of Owner.
19. Porno;tranhic Uses Prohibited
Tenant agrees that the value of the demised premises and.the reputation of the
Owner will be seriously injured if the premises are used for any obscene or pornographic
purposes or any sort of commercial sex establishment. Tenant agrees that Tenant will
not bring or permit any obscene or pornographic material on the premises, and shall not
permit or conduct any obscene,nude or semi-nude performances. Any violation of this
Article shall be deemed a material breach,of this lease and shall result in proceedings to
tenninate same, Pornographic material is defined as any written or pictorial.matter with
ocuSign Envelope ID:83324327-7A05-458E,A438 C656$0954408
prurient appeal or any objects that are primarily concerned with lewd or prurient sexual
activity. Obscene material is defined as it is in NYS Penal Law Sec. 235.
20. Miscellaneous
Tenant shall reimburse Landlord for all attorneys' fees incurred in connection
with actions to compel compliance by Tenant with any provision of this lease or to
recover damages resulting from non-compliance. Such amounts shall be deemed
additional rent and shall be paid on demand.
Neither this lease nor any memorandum thereof shall be recorded,without
the prior written consent of Landlord.
The submission of this lease to Tenant shall not be construed as an offer or
option,and Tenant shall not have any rights hereunder unless and until Landlord shall
execute a copy of this lease acid deliver the same to Tenant.
Tenant shall not allow anyone to reside in the demised premises.
Notwithstanding anything to the contrary in Par 6 herein, Landlord makes
no representation that the Municipality will allow multiple businesses to operate from the
i
same location.
Notwithstanding anything to the contrary in Par 6 herein, Landlord mares
no representation that multiple businesses will be able to put signage on a single
storefront.
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21.Tax Escalation
The taxes for the current fiscal year,2022, ("Base Year") are$12,373.02.
Tenant shall be responsible for 60%of the increased amount each year from the base '
year. For example in Year 2 of the lease if the taxes increase by$1000,Tenant shall be
responsible for an additional$600 which shall be due within 10 days of Landlord
presenting tenant with the Tax bill.
.Each subsequent year the Tenant shall be responsible for 60% of the
difference from the base year. For example if in year 3 the taxes increase another$1000,
the Tenant shall pay 60%of$2000 which shall'be due within 10 days of Landlord
presenting tenant with the Tax bill.
22. Landlord's Work
Prior to Lease commencement landlord will install:
A) Q � i
DOCUSign Envelope ID:93321327-1Ao5.45BE-A438-Cs66BO9544DB
1 t
! recover damages resulting'firom noxi-compliance. such amounts shall be deemed
Additionalrent and shall be paid on demand.
Neither this lease nor any memorandum thereof shall be recorded,without
the prior written consentof Landlord.
+ The submission of this lease to Tenant shall.not be construed as an offer or
option;and Tenant shall not have any,rights hereunder unless and until Landlord shall
execute a copy of this lease and deliver the sane to Tenant
4
Tenant shall not allow anyone to're'side in the'demised premises.
� -- ;:�• - : . -. ._.., . . _.... ._:21:Ta�t-lalscalat$on-� :_._.�._w-. ��� ��'lL1v(`Y- ��� _
-The taxes for the current fiscal year,2022, ("Base YeW')_are-Sl'2,373.02. '
s Texuant shall be resgobsible..for 60%of the.increased arnouriteach-yep from the base
year.
For example m Year 2 of the4ease if the„taxes incxease-by$1000,.Tenant shall be i
respaagible' for'an additional$600 whiOE-nalLb within 10 days of Landlord
+
presenting tenant with'the Tax.bill,
r-
'
Each subsequent you the Tenant shall be responsible for i . --of.he
- `diffe nc6 f 6M' Via base year. �qr Axa p e if in Veac 3 th it s iher�sc aia�the��I;tJQQ"
thp;Tensm shall pay{0%of$2000 which shall be-due v ithin10 days ofLandlord
presenting tenant with the'Tax bills
I
22.)Landlord's Work
Prior to Lease c+ommcnoement landlord will install;
i
A) Outside nisilbox
B),®utlets iii each room for telephone and'computer hoolt-up'
23. &it, e:
I Tenant shalle--pe ' sion,toplace signs-ort the Property in accbidance
with local laws and regulations.L Tenant sha `fie-=ponsible for,all filing costs apd fees
associated with the sign applidati' .At the cad of#hL&se Ten_ant`shatl remove j
sign(s),abd shall repair atiy damage resulting from the installation an �ucnt
removal of any and all siAnage. `'�
r
pcouSlgn Envelope ID:93324327-IA05-458E A4313-G656B69544D8 E
S - I
1 I
B) Outlets in each room for telephone and computer hook-up
23. 5,_iunaue
,
Tenant shall have permission to place signs for both the keal Estate and
Law Office on the Property in accordance✓with local laws and regulations. Tenant shall
I be responsible for all filing casts and fees associated with the sign application.At the end
t
of the Lease teem,Tenant shall remove sign(s)and shall repair any damage resulting
from the installation and subsequent removal of any and all signage.
Tenant shall amwmediately,remove Any sign should the Municipality
i� require same.
'24. Guaan`tors
---—-- .
I I
The'performance of the obligations of the tenant shall he
guaranteed by the'following individuals:
6
Jason Fumari
2. .Bunn Messer i
( 3. Asaf German
j These individuals will sign the'GUARANTY.
r
ur_usxfl�ca oy: I
For Landlord: Steven �acanelli - For 'enant Re61 Estate
r .. Do�u5lgaed by: .I
w1....,t ...µ.. Y
For T .at t Lacy Office: �r l
YSacu5lpmoay. '
GLI-All
For Guarantor 2:. For � t' or
DocuSign Envelope ID:93324327-1A05A58E•A43i3-C666B09544DB
i
I
I
RENT SCHEDULE-6%Annual Increase
BASE RENT
June 15,2022—June 14,2023 $2,900.00/month
I ,
June 15,2023—June 14,2024 3,074.00/month
June 15,2024—June 14,2025 3,258.44/month
June 15,2025—June 14,2026 3,453.95/month
June 15,2026—June 14,2027 3,661.18/month
A) TENANT SHALL HAVE THE OPTION TO RENEW AT A RATE AT A 6%ANNUAL INCREASE FOR TWO
ADDITIONAL FIVE YEAR PERIODS(YEARS 6-10)and YEARS 11-15).
I
r B) Landlord reserves the right to list the property for sale at any time during the initial term or the
renewal period but Tenant shall have a Right of First Refusal as to any bona fide offer that
Landlord receives.
1
i C) Tenant must be current on all lease obligations and have not made late payments 3 or more
I times in the preceding 24 months.
I .
1 •
D) Tenant must notify the Landlord in writing on or before February 1,2027 as to whether Tenant
j wishes to exercise option first option to extend for years 6-10 and February 1,2032 for the
i
second option,years 11-15).
E) Should, enant not be eligible for renewal,or doesn't exercise the option to renew,Tenant shall
allow Landlord access to show premises to potential new clients.
,
poCuSign Envelope ID.83324327-1A05.45BE A438-C666809544U6
I
GUARANTY OF COMMERCIAL LEASE AGREEMENT
„
GUARANTY dated 2022
by Jason Furnari,Bryan Elsesser&Asaf German("Guarantors"),an individuals having
addresses of
-and respectively
RECITALS:
WHEREAS,ELITE EMPIRE JB LLC-and ASAF GERMAN.("Tenant's,is about to
enter into that certain Commercial Lease,dated ,2022("Lease");with Julianna
LLC("Landlord")',for.the premises located at 870 Love Lane Mattituck,N.Y. 11952("First ,
FloorVfice"),pursuant to the terms and conditions of the Lease;
WHEREAS,Landlord is unwilling to enter into the Lease-unless Guarantors executes.and
delivers this Guaranty.
NOW,THEREFORE,in order to induce Landlord to enter into`the'Lease,Landlord.and
Landlord agrees as follows:
1. Guarantors unconditionally 5. The obligations of Guarantors shall
guarantees to Landlord the punctual.and not be released by(a)Landlord's-receipt,
complete payment-and performaince of all application or release of any security,given
obligations of Tenant under the Lease, for the payment or performance of the
during the initial Term and any extensions Obligations,or(b)any modification of the {
of the Term("Obligations"). Lease,but in the case of any modification,
the liability of Guarantors shall,b'6em
deed
2: Notwithstanding any provision of', modified in accordance with the terms of the '
this Guaranty to the contrary,this Guaranty modification.
shall end on the date Tenant(and-all other $
occupants)vacate the entire Office in,- C ' This Guaranty is-an unconditional
accordance with the Lease,but all . guaranty of.performance and not nierelyof
obligations and liabilities accrued to that 'collection. Guarantors's liabilityhereunder
date shall survive. shall be primary,,and in any right of action
which shall accrue to Landlord under the
3. If Tenant shall default in tine' Lease,Landlord may,at its option,proceed t
payment or performance of any Obligation, against Guarantors and Tenant,jointly and
Guarantors shall,upon demand,pay,or severally,or Landlord may proceed against
perform the same in place of.Tenant. ' . Guarantors under this Guaranty without
commencing any suit or.proceeding.of any
4. Any act of Landlord,consisting of a kind or nature whatsoever against Tenanti,or +
waiver of any of.the terms,covenants or without having obtained any judgment
conditions of the.Lease, or the giving of any .against Tenant,and without any presentiment
consent under the Lease,or the granting of and demand for payment,notice of non-
any indulgences or extensions of time to payment,notice of dishonor,protest,notice, {
Tenant,may be done without notice to or, of protest,non-performance or non-
consent from Guarantors,and without observance,or of any notice of acceptance j
releasing Gruarantors.- of this,Guaranty or of any-other notice or k
DocuSign Envelope ID:93324327-IA05.45Br-A43B•C666609544073
demand to which Guarantors might Guarantors and Landlord,or their respective
otherwise be entitled,all of which successors and assigns.
Guarantors hereby expressly waives.
11. Phis Guaranty and any issues arising
7. Guarantors represent and warrant to hereunder steal l be governed by the laws of
Landlord that: (a)Guarantors have full the State of New York.
power and authority to execute,deliver and
perform this Guaranty..and(b)this Guaranty 12. All remedies of Landlord by reason
has been duly authorized,and does not of this Guaranty are separate and cumulative
create any default under any other Lease by remedies and no one remedy,whether
which Guarantors or Guarantors' assets are exercised by Landlord or not,shall be
bound. deemed to be in exclusion of any other
remedy of Landlord and shall not limit or
8. I%Teither delay by Landlord in prejudice any other legal or equitable
exercising any right under this Guaranty nor remedy which Landlord may have.
any failure to exercise the same shall be a
waiver of that right or any other right. 13. If any provision of this Guaranty or
the application thereof to any person or
4. Any notice or other communication circumstance shall to any extent be held
hereunder shall be in writing and shall be unenforceable,the remainder of this
deemed duly served on the date it is mailed Guaranty or the application of such
by registered or certified mail in any post provision to persons or circumstances other
office station or letter box in the continental than those as to which it is held
United States, addressed if to Guarantors,to unenforceable,shall not be affected thereby,
it at the address of Guarantors set forth and each provision of this Guaranty shall be
herein or such other address as Guarantors valid and enforceable to the fullest extent
shall have last designated by notice to permitted by law.
Landlord,and addressed if to Landlord,to it
at the address set forth above or such other 14. This Guaranty shall inure to the
address as Landlord shall have last benefit of and may be enforced by Landlord
and its successors or assigns, and shall be
designated by notice to Guarantors.
i binding upon and enforceable against
10. This Guaranty may not be modified Guarantors and its successors,assigns,heirs
or terminated orally or in any manner other and personal representatives.
than by an agreement in writing signed by
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bocuSign Envelope le:93324327-7A05-458E-A43B-066680954408
IN WITNESS WHEREOF: Guarantors has duly executed this Guaranty as of the day
and year first above written.
Date: v�� ,2022 7F-i3
ORS:
' La�
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j potSiQned by:_
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I Swam to before me this
(,i+h day of_�Jv_>'� ,2422
Notary ublic {
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ElIZA 'H FEOOROWICZ 1
Notary Pubk,SAs of New YOk
No.OIFE8239309
f2uWlfied in Nassau county I
c,omrrission -XpIres AP6128a 20 ?
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CocuSlgn Envelope 10:93324327-lA05-458E-A438-C66680954406
GOOD GUY CLAUSE
OF LEASE DATED June ,2022 BETWEENT Juiianna LLC. AS LANDLORD,
AND ELITE EMPIRE JB LLC,and ASAF A. GERMAN P.C. AS TENANT(the
"LEASE")
In order to induce the Landlord to enter into the Lease and for other valuable
considerations. the receipt whereof is hereby acknowledged,ELITE EMPIRE JB LLC and
ASAF A. GERMAN,P.C.makes the following guarantee and agreement with and in favor of
Landlord and its respective legal representatives and assigns.
1. Should Tenant elect to terminate this lease before its expiration,BUT not earlier than
one year from inception of lease,Tenant must provide.Landlord with Six (6)months written
notice prior to termination AND not otherwise be in default of any term, condition or covenant,
and shall have completely performed all of the following:
(i) vacated and surrendered the Premises to the Landlord,in writing,in the condition the
Premises is required to be in pursuant to the terms of the Lease,and
(ii) Delivered the keys to the Premises to the Landlord,and
(iii) Paid.the Landlord all Accrued Rent to and including the date which is the later of(b)the ;
actual receipt by Landlord of said Accrued Rent,(c)The surrender of the Premises
pursuant to the aforesaid writing
r Itis agreed that any security deposited under the lease of$!<,vb co or othenvise,and any
prepaid Fixed Rent or additional rent shall not be computed as a deduction from any amount
payable by Tenant or Guarantor under the terms of this Guarantee or the Lease.
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2. The undersigned unconditionally guarantees that all work performed by or on account of
Tenant at any time during the term of this Lease shall he fully completed,free and clear
of all liens, violations and encumbrances, and freely paid for by Tenant. If Tenant shall
default in payment,or does not timely and freely complete its work free and clear of all
liens, violations and encumbrances;the undersigned shall perform said payment and/or
completion and/or discharge any lien,violation or encumbrance and/or completion and/or
discharge any lien,violation or encumbrance upon seven (9)days' notice froth Landlord.
The undersigned hereby agrees to indemnify and hold Landlord harmless from any and
all damages, including,but not limited to, legal fees and costs incuiTed by Landlord, r
arising from said failure to nay or freely and timely complete or failure to open and
operate or the occurrence of atiy said lien,violation or encumbrance,
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DocuSign Envelope ID;93324327-IA05-458E-A438-CG66809544D8
3. This guarantee is absolute and unconditional and is a guarantee of payment and not of
collection.The parties hereto waive all notice of non-payment,non-performance,non-
observance or proof or notice,or demand,whereby to charge the undersigned therefore,
all of which the undersigned expressly waives and expressly agrees that the validity of
this Agreement,and the obligation of the Guarantor hereto shall in no way be terminated,
affected or impaired by reason of the assertion by Landlord against Tenant of any of the
rights or remedies reserved to Landlord pursuant to the performance of the within Lease.
The undersigned further covenants and agrees that this guarantee shall remain and
continue in full force and effect,as to any renewal,modification or extension of this
Lease and during any period when Tenant is occupying the premises as a"statutory
tenant'. As a further inducement to Landlord to make this Lease and in consideration
thereof,Landlord and the undersigned covenant and agree that in any action or
proceeding brought by either Landlord or the undersigned against the other on any
matters whatsoever arising our of,under,or by virtue of the terms of this Lease or of this
guarantee that Landlord and the undersigned shall and does hereby waive trial by Jury.
Further,Guarantor hereby agrees that they shall in no manner interpose any counterclaim
of whatever nature or description whatsoever in any proceeding under the terms of the
Lease or this Guarantee.
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4. This Lease shall be construed under the laws of the State of New York.All actions or
proceedings relating directly or indirectly to this Guaranty shall be litigated only in state,
county or district courts located within the County of Suffolk.Guarantor, its permitted
successors and assigns hereby(i)subject themselves to the jurisdiction of any state,
county or district court located within such county, (ii)waive the personal service of any
process upon them in any action or proceeding therein and consent that such process may
he served by certified or registered mail,return-receipt requested,directed to Guarantors
i at their addresses hereinabove set forth. Such service shall be deemed made two days
after such process is so mailed.
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5. This guarantee shall be construed in accordance with the Laws of the State of New York.
IN A71TNESS WHEREOF,the undersigned has set his hand this day of June 2022.
Lan
UYLt�Yt
By:,
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