HomeMy WebLinkAbout1070 IYANNOUGH ROAD/RTE132 - KINGS BUFFET 10"78 7CIa ��oL)q
tO�N OF BARNS. �
II B STABLE
SIGN OFFICIAL '
� Q 20
BUILDING DIV.
1 � �
Ivor oEI y�e
REGUI.Pt��y
' i
�tNE Sign
TOWN OF BARNSTABLE . Permit
* BARNSTABLE,
MASS.
16
9. p� Permit Number:
Application Ref: 201200894
20070713
Issue Date: 02/13/12
Applicant:
Proposed Use: SHOPPING CENTER- MALL
Permit Type: SIGN PERMIT
Permit Fee $ 100.00
Location 1070 IYANNOUGH ROAD/RTE132
Map Parcel 295019X01
Town BARNSTABLE
Zoning District SPLT
Contractor PROPERTY OWNER
i
Remarks
NEW 80 SQ WALL SIGN KINGS BUFFET
FESTIVAL PLAZA
Owner: FESTIVAL OF HYANNIS LLC
Address: BILLBOX 01 8726 1053
PO BOX 7522
HICKSVILLE, NY 11802-7522
l
Issued By: PC..........
.......... ....
POST THIS CARD_ SU THAT IS vISYBLE FRAM THE STREET
Plymouth Bed Furniture Outlet
"Our Prices are More Than Competitive"
413 YARMOUTH ROAD • HYANNIS, MA 0260.1
(508) 7714933 FAX_(508) 790-3405
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1HE Sign
TOWN OF BARNSTABLE Permit
MASS
9� 16
pr�o A� Permit Number:
Application Ref: 201200894 20070713
Issue Date: 02/13/12
Applicant:
Proposed Use: SHOPPING CENTER- MALL
Permit Type: -,,SIGN PERMIT
Permit Fee $ . 100.00
Location 1070 IYANNOUGH ROAD/RTE 132
Map Parcel 295019X01
Town BARNSTABLE
Zoning District SPLT
Contractor PROPERTY OWNER
Remarks
NEW 80 SQ WALL- SIGN KING'S BUFFET
FESTIVAL PLAZA
Owner: FESTIVAL OF HYANNIS LLC
Address: BILLBOX 01 8726 1053 r
PO BOX 7522 `
HICKSVILLE, NY 11802-7522
Issued By: p
POST THIS CARD SO THAT IS VISIBLE FROM THE STREET
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EXCEL SIGNS I # 3T . a
259 Quincy Avenue, Quincy, MA 02169 ;( � :tY ( � 2 19
December 10,2011 �� �` `9,� o a ,
Town of Barnstable a-
Building Division x CC'
200 Main Street
Hyannis, MA 02601 d
Re:, King's-Buffet, 1070 Hwy__132_
Dear Inspector of Buildings,
I am in receipt of a letter from your department citing the denial of a sign permit
application,which we submitted on 9/7/2011 for the above referenced address.
We were also requested to resubmit the application with the revised proposal. As a result,
please find the enclosed application packet for resubnuttal.
According to the §47-6 of the Town By-Laws as amended on 1/4/1996(see attached),the
permit fee should be collected upon issuance. While no permit was issued for the
previous application,the permit fee of$200, which was sent along with the application,
should not be collected. However, since the said permit fee has been deposited on
12/5/2011 (see attached),please apply it toward this resubmission.
If you have any questions,comments and/or updates,please kindly advise by phone at
(617)479-8552.
Sincerely,
--Grant Gao _
Project Director `(1
EXCEL SIGNS h
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I
259 Quincy Avenue T. (617) 479-8552 EXCELSIGNS.com
Quincy,MA 02169 F: (617)479-4852 Info@ExcelSigns.com
Town of Barnstable
ILd
Regulatory Services
'"a"' 'X ' Thomas F.Geiler,Director
Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Permit#
Building Official approving
Application for Sign Permit
Applicant Grant-Gao__- -Assessors No.295/019/X01 -
Doing Business As:Kng's Buffet ---__--__-_`-----_Telephone No.(516) 852_2856
Sign Location
Street/Road:_1070 lyannough Rd/Rte 132
Zoning District:HB _Old Kings Highway? Yes/No Hyannis Historic District? Yes/No
Property Owner
Name:Festival of Hyannis LLC. _ _Telephone:__...............
Address:Billbox 01 87261053, Hicksville, NY 11802-7522_-Village:— _
Sign Contractor
Name:Excel Signs_-_!-^--_--__--=- Telephone:(617) 479-8552_-
Mailing Address:info@excelsigns.com
---------- ---------- --------------
Description
Please follow the cover directions.You must have an accurate rendition of sign with dimensions and
location.
Is the sign to be electrified? Yes/No (Note:Ifyes,a whingpermitis required)
Width of building face 80___ft.x 10= 800__x.10= 80
Check one Reface existing sign or New_✓ Total Sq.Ft.of proposed sign(s) 80__—_
Ifyou have additional sites please attach a sheet listrng each one with dimensions
If refacing an existing sign please provide a picture of the existing sign with dimensions.
I hereby certify that I am the owner or that I have the authority of the"owner to make this application,
that the information is correct and that the use and construction shall conform to the provisions of
§240-59 through§240-89 of the Town of Barns a oning Ordinance. l�)_11,012. 6-11
Signature of Owner/Authorized Agent: __ _
SIGNS/SIGNREQU revised12110
EXrR
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4 259 QtNvae, QAA 021 4 52u , Au , I
WWW.EXC18LSIGNS.COM F 617.479.4�k
Channel Letters & Lightbox
260 n
1 NOTES
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CUSTOMER NAME:
Alum. Raceway COMPANY: Kingrs Buffet
P OPOS_ED-
: ADDRESS: 1070 HWy.132
Channel Letters CITY: Hyannis : STATErziP: MA' 02601,
Face: 3/16" red acrylic PHONE: 516-852=2856
Trim Cap: 1" red
Return: .040" black alum. ' FAX:
Illumination: Internal red LED g EMAIL:
f SCALE: 0.036 ORDER DATE: 09/20/2011
LightbOX JOBNO.: 1109200421P DATE: 11/21/2011
Face: 3/16" acrylic` _ FILE NAME: ,Channel Letter B.fs
Lettering: Cut-out vinyl -
a ESTIMATE: $0.00 ($0=NO PRICE)PLUS 6.25%MA TAX
Molding & Return: .040" black alum: - -3.
" TERMS AND CONDITIONS
Illumination: Internal fluorescent �' All materials are guaranteed to be as specified.All work is to be completed in a workmanlike
i - manner according to standard practices.Any alteration or deviation from the above specifications
involving extra costs will become an extra charge over and above the estimate.Excel Signs Is not
liable for any Issues outside of Its immediate control.One-year limited warranty covers repair or
" 3 exchange of Installed detective parts with same or less value parts.All sales are final.No refunds.
No exchanges after 7 da�Mfpurchase. Full ayment is due when pro ed work,exce t
y< cancelled,Is completed. u may be removed with a removal charge due to late payments.
4 e Past due amounts are subject to 18%APR Interest.Client should carry necessary insurances,
_ — verify spellings, and pay for all balance due plus legal fees incurred due to collections.
- - This contract is governed under Massachusetts General Laws.
Acceptance of Drawing'
�> g personally guarantees that the quoted prices,specifications,
The undersigned ersonall q p pe '
conditions and payment terms are satisfactory and accepted.
j Excel,Sign&Decoration Corp.is authorized to perform the work as specified.
Date*
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s � <Customer Signature>
f - _C.• 41
� ? Print Name: .
_ ,,. •. � ,. ,-. �: . .. •' `: .a� - ?�`. .' 02011 EXCEL SIGNS ALL RIGHTS RESERVED
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”. 259 QUINCY ACIE S I
veNue, QuwCY,AAA 02169 I -4117.479.8552
+ �Ns.COM F 617.479.465j2
Channel Letters & Lightbox
80
NOTES
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CUSTOMER NAME:.
Alum. Raceway COMPANY: Kings Buffet
PROPOSED - ADDRESS: 1070 Hwy 132
Channel Letters
. clTv: Hy
annis .. .sTATE2iP: MA. 02601
Face: 3/16" red acrylic PHONE: 516-852-2856 .
Trim Cap: 1" red
FAX:
Return: .040" black alum.
EMAIL:
Illumination: Internal red LED
A
OBNo.:01109200 ORDER DATE: 09/20/2011
.036
LightboX 421P DATE: 11/21/2011
Face: 3/16"acrylic FILE NAME: Channel Letter B.fs
b Lettering: Cut-out vinyl r yr ESTIMATE: $0.00 ($0 NO PRICE)PLUS 6:25%MA TAX
Molding & Return: .040" black alum. `
" TERMS AND CONDITIONS
Illumination: Internal fluorescent 0 All materials are guaranteed to be as specified.All work Is to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from the above specifications
Involving extra costs will become an extra charge over and above the estimate.Excel Signs Is of
i - — liable foray Issues outside of its Immediate control.One-year II warranty covers repair or
exchange of Installed defective parts with same or less value parts.N sales are final.No refunds.
No exchanges after 7 days of purchase.Full payment Is due when proposed work,except
-� z
- cancelled,is completed.Products may be removed with a removal charge due to late payments.
Past due amounts are subject to 18%APR Interest Client should carry
necessaryInsurances,
verify spellings, and pay for all balance due plus legal fees Incurred due t collections.
This contrail is governed under Massachusetts General Laws.
Acceptance of Drawing
The undersigned personally guarantees that the quoted prices,specifications,
conditions and payment terms are satisfactory and accepted.
Excel Sign&Decoration Corp.is authorized to perform the work as specified.
Date:
st Signa
k S � ? P dm•,r .
_ L ��, <Cu Omer ture>
kk Y {
Nr 4 .' Print Name:
02011 EXCEL SIGNS ALL RIGHTS RESERVED
12/10/11 Check Image
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TO VE;1FY AUTHENTIOITY,SEE REVERSE SfDE FOR DESCRIPTION OF THE 13 SECURITY FEATURES
X . STX)RRtIVTS i.L CITIZENS BANK
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j DBA EXCEL SIM -
269 OUINCY AVENUE=.
OUINCY,MA 02169-6107 - 6-701712110 9/27/2011
TEL-(617)47"662 I EXCELSIGNS.COM
PAY TO THE
oRortR Qt. T m own of BastabW. . _: .. ,•. f"200.00
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Two Hundred.and 00/10 -
_ _ DOLLARS
Town of Barnstable
` 367 Main:Street
Hyannis,MAAWHOR 02601 -
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This is an image of an item (check,substitute check,or debit memo)which has posted to your account.Items resulting
in a non-sufficient funds situation may not have been paid.Unpaid items will show as a credit item in your account
historyon the business date following the date the item was presented.
https://www4.citizensbankonline.com/efs/servlet/efsonline/image.jsp?Transl••• 1/1
§ 47-6, 'B_-�Ilding restricted area.
�:� .��
A. Building restrictions as set forth in this section shall be designated as the.-"building restricted area' and shall
apply to all that portion of the Town bounded as follows:
(1) All lands or that portion ofland lying to the south of and within 150 feet of Main Street in the Village of
Hyannis from the Yarmouth Town line to Potter Street; and lying to the north of and within 150 feet of
Main Street in the Village of Hyannis from Yarmouth Road to Barnstable Road.
(2) All lands or that portion of land shown on a map entitled "Map of Extension of Building Code (Fire) in
Business District, (Precinct 3) Hyannis, January 20, 1976" which map is designated as Map "R"
(3) All lands or that portion of land shown on a map entitled "Map of Extension of Building Code (Fire) in
Business and Urban Business Districts (Precinct 3) Hyannis, January 20, 1967."
B. No wood frame or wooden structures, or additions or alterations to the same, may be built within the building
restricted area, except as hereinafter provided:
(1) Any dwelling as defined in the State Building Code built within the building restricted area, must have a
fire-resistive roof,
(2) An addition or alteration may be made to an existing wooden building if it does not increase its present
ground area by more than 1/3, or by more than 600 square feet, whichever is'less. No more than one
such addition or alteration shall be permitted in any period of 60 consecutive months.
§ 47-6. Permit fees.
[Amended 1-4-1996 by Order No. 96-0831 There shall=be_establishe3 and collected'by the_B'uildmg Comm ss orier7
C Lon-the-issuance-of-each- ermit'a fee to-be_paidinto the Town treasury determined-iri accordance with the revenue}
fee-pLhcy esta_ ali]i- d=by the TownCo_uncilt The schedule for these fees can be found in Chapter 1 ��rticle I of the
Code of the Town of Barnstable.
§ 47-7. Violations and penalties.
Whoever violates any of the provisions of this chapter shall be punished by a fine not to exceed $200 for each
offense.
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I
GENVERAL CODE
C o 9
Index Town of Barnstable, MA Search CL
New Laws Print
CHAPTER 43. BODY-PIERCING Help CHAPTER 51. BUILDINGS,
BUSINESSES NUMBERING OF
This electronic version is provided for informational purposes only. For the official version please contact the
municipality.
Jump to Content
CHAPTER 47. BUILDING CONSTRUCTION
§47-1. Appointment of Building Commissioner; term; vacancy.
§ 47-2-Powers and duties of Building Commissioner.
§47-3. Moving of buildings.
§47-4. Approval of building permits by Board of Health.
§47-5. Building restricted area.
§47-6. Permit fees.
§47-7. Violations and penalties.
Chapter47. BUILDING CONSTRUCTION
[HISTORY: Adopted by the Town of Barnstable (Art. IV of Ch. III of the General Ordinances as updated
through 7-7-2003). Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition — See Ch. 17 Art. 1.
Inspection of wires — See Ch. 68.
Schedule of Fees — See Ch. 76 Art. 1.
Gas piping and appliances — See Ch. 96.
Historic properties — See Ch. 112.
Wetlands protection See Ch. 237.
Zoning — See Ch. 240.
Subdivision Rules and Regulations— See Ch. 801.
§47-1. Appointment of Building Commissioner; term; vacancy.
[Amended 11-5-1977, approved 1-12-1978; 11-1-1980, approved 2-27-19811 The Town Manager shall appoint a
Building Commissioner, who shall hold office for a term of three years or until his successor is chosen and qualified,
said three-year term commencing on July 1 in the year of such appointment. Any vacancy in the office shall be filled
by the Town Manager on a temporary basis until the next July 1.
§ 47-2. Powers and duties of Building Commissioner.
The Building Commissioner shall make such inspections, issue such permits and enforce such regulations and
ordinances as may be required by the Town or under the State Building Code, and he may for such purposes, at all
reasonable times, enter upon such premises to carry out such lawful procedures.
§ 47-3. Moving of buildings.
No building may be moved unless a permit has been obtained from the Building Commissioner. No building may be
moved into the Town unless its construction is made to conform to the State Building Code.
§47-4. Approval of building permits by Board of Health. :
All building permits are subject to the approval of the Board of Health prior to issuance.
� 1
� i
Town of Barnstable
Regulatory Services
_ MAS& Thomas F.Geiler,Director %
0
a`� Building Division
Tom Perry, Building Commissioner 5rA
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us xp
Office: 508-862-4038 Fax: 508-790-6230
ermix#
Building Official proving _
Application for Sign Pe t`j
Applicant:Grant Gao —� —_-- Assessors No.295/019/X01 _--_
Doing Business As:Kings Buffet - •--- / /'_Telephone No.(516) 852_2856
Sign Location •N ff -
0 I au h Rd/Rte 132�
Street/Road:_107 nno
—_ Y — 9 ,
Zoning District:I-tB —_Old Kings High * ?4/Yes Hyannis Historic District? Ye
Property Owner y.'/'% °` � k J�•/
Name:Festival of Hyanriis LLC. ` _Te hone:_—_`__________ n�C
Billbox 01 87261053, Hick ille;NY 11802-7522
Address:--=-------------- - --- -- ------Village:_ V
Sign Contractor
Name:Excel Signs / 61 479-8552
—_Telephone:
Mailing Address:Info@exc igns.Com —_— ---_---_ ----
/ Description
Please follow the cover ections.You must have an accurate rendition of sign with dirnepsi sand," --1
location. 1 =
Is the sign to be el 1 fled? Yes o (IUote:Ifyes,a wiringpermitis required)
Width of boil ' face 80 &x 10= 800 x.10=80 _ 1 >�
Check one 'a' existing sign or New ✓ Total Sq.Ft.of propos d sign (s) 161.875 i
Ifyou ha e a"dditional signs please attach a sheethshng each one with dimensz' -
If ref ' '�an existing sign please provide a picture of the existing sign with dimensi
1 - I
I`
I he eby certify that I am the owner or that I have the authority of the owner to make this application,
th ,the.information is correct and that the use and constriction shall conform to the provisions of
40-59 tbrough§240-89 of the Town of Barns a ZoningOrdinance.
Signature of Owner/ uthorized Agenti — Date 9/7/2011__
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SIGNS/SIGNREQU revised12110
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Alum. Raceway
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Channel Letters Face: 3/16" acrylic
Face: 3/16",red acrylic j Lettering: Cut-out vinyl j
Trim Cap, 1 black
Molding & Return: .040" black alum.«`
a Return: .040' black alum. Illumination: Internal fluorescent.
Illumination: Internal red LED
®2011 EXCEL SIGNS ALL RIGHTS RESERVED
A Acceptance of Drawing TERMS AND CONDITIONS
CUSTOMER NAME: ADDRESS: 1070 Hwy 32,. The undersigned personally guarantees that the quoted prices,specifications, Al materials are guaranteed to be as specified.al work is to be completed in a workmanlike
conditions and payment terms are satisfactory and accepted. manner according to standard practices.Any alteration or deviation from the above specifications
COMPANY: King$.Buffet t CITY: Hyannis STATE'/ZIP: MA 02601 Excel Sign 8 Decoration Corp.is authorized to perform the work as specified. In extra costs will become an extra charge over and above the estimate.Excel Signs is not
liable for any.issues outside of Its Immediate control.One-year limited warranty covers repair or
PHONE: J 16-$52-2$56 FAX: X Date: exchange of Installed detective parts with same or less value parts.All sales are final.No refunds.
<CustomerSi nature> No exchanges after 7 days of purchase. Full payment Is due when proposed work, except.
SCALE: 0.034 FILE NAME: Channel Letter.fS ORDER DATE: 09/20/2011 9 cancelled fi ,is completed.Products may be removed with a removal charge due to late payments. -
amounts are subject to 18%APR Interest.Client should carry necessary insurances,
u verify'spellings, and pay for all balance due plus legal fees incurred due to collections.
JOB NO.: 1109200421 P ESTIMATE: $0.00 ($0—NO PRICE)PLUS 6.25/o MATAX DATE: 9/27/2011 Print Name: This contract is governed under Massachusetts General Laws.
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+ 02011 EXCEL SIGNS ALL RIGHTS RESERVED
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iTOMER NAME: ADDRESS: 1 O7O Hwy 132 ERMS AND CONDITIONS
The undersigned personal Acceptance of Drawing personally guarantees that the quoted prices,specifications,
All materiels are guaranteed to be as specified.All work is to be completed in a workmanlike
conditions and payment terms are satisfactory and accepted.
APANY: Kln 'S BUffet CITY: Hyannis STATE2IP: MA 02601 Excel Sign&Decoration Corp.s authorized to perform the work as specified. manner according to standard pre n ext.Any alteration n deviation from the above specifications
9 9 rP• P involving extra costs will Become an extra charge over end above the estimate.Excel Signs is not
liable for any Issues outside of its immediate control.One-year limited warranty covens repair or
)NE: 516-852-2856 FAX: X pate: exchange of installed defective parts with same or less value parts.All sales are final.No refunds.
No exchanges after 7'days of purchase. Full payment Is due when proposed work,except
<Customer Signature> cancelled,Is completed Products may be removed with a removal charge due to late payments.
tLE: FILE NAME: Channel Letter.fs ORDER DATE: O9/20/2011 Past due amounts are subject to 18%APR interest.Client should carry necessary insurances,
NO.: 1109200421 P ESTIMATE:' $0.00 ($0=NO PRICE)PLUS 6.25%MA TAX DATE: 9/27/2011 Print Name: verily spellings, and pay for all balance due plus legal tees incurred due to collections.
This contract is governed under Massachusetts General Laws.
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PROJECT
NAME:
ADDRESS:
PERMIT# ( OS 33
PERMIT DATE:
MAP:
LARGE ROLLED PLANS ARE IN:
BOX
SLOT C
Data entered in MAPS program on: I i �, t
BY:
i
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g� TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel 6 ( = Application #
Health Division - Date Issued
Conservation Division Application Fee �.
Planning Dept. �` Permit Fees
Date Definitive Plan Approved by Planning Board
Historic - OKH Y Preservation / Hyannis
Project Street Address I a,O *VA t J0 Lk,
Village8:�_
Owner A°� S �U YAw6s C• 1.lt ) Address 10 7 0 T an n o uS h, ka
Telephone /
Permit Request /7- %hN�s l ,
g4A16
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w - Ala �
Square feet: 1 st floor: existin ro osed �y� 2nd floor: existing ro osed Total new
q 9��p P 9—proposed
Zoning District Flood Plain Groundwater Overlay
Project Valuatiodf'® 000 Construction Type
Lot Size Grandfathered:. ❑Yes ❑ No If yes, attach supporting documentation. ""
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units)
Age of Existing Structure 199S Historic House: ❑Yes M No On Old King's Highway: ❑Yes No
Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other
Basement Finished Area (sq.ft.) — - Basement Unfinished Area (sq.ft)
Number of Baths: Full: existing new Half: existing Z hew
Number of Bedrooms: existing new
� a
Total Room Count (not including baths):'existing new - First Floor Room Count ..,
Heat Type and Fuel: 6 Gas ❑ Oil ❑ Electric ❑ Other "
Central Air: Lh Yes ❑ No Fireplaces: Existing New Existing wood/,coal stogie: ❑ems ❑ No
c�
Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_
4,
Attached garage: ❑ existing ❑ new size Shed: ❑ existing ❑ new size _ Other:
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial ❑Yes ❑ No If yes, site plan review#
Current Use Proposed Use
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name `0 U,1. 49U Telephone Number -77 23(Y—2,91 E
Address tp,O, 123Y License # CS 7 s-Zo f
Home Improvement Contractor# 70
Worker's Compensation #
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Mom.. )91-TA0.'-
SIGNATURE DATE Vvzz)
k k
FOR OFFICIAL USE ONLY
APPLICATION#
-bATE ISSUED E
MAP/PARCEL N0.
ADDRESS VILLAGE
OWNER =
DATE OF INSPECTION:
e 4 y
FOUNDATION
FRAME
INSULATION « `
FIREPLACE
ELECTRICAL: ROUGH FINAL"
PLUMBING: ROUGH FINAL e
GAS: ROUGH --FINAL
ryFINAL BUILDING -�+
DATE CLOSED OUT
ASSOCIATION PLAN NO.
i
The Commonwealth of Massachusetts
r l Department of Industrial Accidents
Offzce of Investigations
600 Washington Street
/ Boston, AM 02111
c www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/EIectricians/PIumbers
NpPlicant Information Please.Print Lezibly
game (Business/OrganizatiorAndividual): G. S• r o lit C
Address: Pd . $O Z
nn 0 2(o q
City/State/Zip: 1�'l la S N P L� M Phone #: 7 3 2 1
Are you an employer? Check the appropriate box: Type of project(required):
< 1.❑ I am a employer with 4.,M I am a general contractor and I
employees(full and/or part-time).* have hired the sub-contractors 6. New construction
2. ❑ I am a sole proprietor or partner- Iisted on the attached sheet # 7. Remodeling
ship and have no employees These sub-contractors have 8. ❑ Demolition
working for.me in any capacity, workers' comp. insurance. g• ❑ Building addition
[No workers' comp, insurance 5. ❑ We are a corporation and its IO,�Electrical repairs or additions
required] officers have exercised their
3. ❑ 1 am a homeowner doing all work right of exemption per MGL 11.23 Plumbing repairs or additions
myself. [No workers' comp. a 152, §I(4), and we have no 12.❑Roof repairs
insurance required.] t employees. [No workers' 13.0 Other
comp, insurance required,]
*Any applicant that checks box#1 must also fill out the section beibw showing their workers'compensation policy information.
t Homoowners who submit this afiSdevit-indicating they an:doing all work-and then hire outside contractors must submit a new affidavit indicating such.
$Contractors that check this box must attached an additional sheet showing the name of the sub-contractors end their workers'comp."policy information.
I am an employer that is providing workers'compensation insurance for my employees. Below is thepolicy and job site
information.
Insurance Company Name:
Policy#or Self-ins. Lic. #: Expiration Date:
Job Site Address: City/State/Zip:
Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL,c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,560.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the-violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify under the pains andpenafff of perjury that the information provided above is true and correct '
Si afore: Date:
Phone#: —?7 y 2 3 k 2 918
Official use only. Do not write in this area, to be completed by city or town official
City or Town: Permit/License#
i .
Issuing Authority(circle one)
P
1. Board of Health 2: Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing inspedtor.
6. Other
r
o� r° ti Town of Barnstable
Regulatory Services
t Thom2s F. Geller,Director
Building Division
Tom Perry,Building Commissioner
200 Main 3trcet, Hyannis,MA 02601
- www.town.barnstable.ma.us
Office: 508-862-403 8 Fax: 508-790-6230
Property Crier Must
Complete and Sign This Section
If Using ABuilder
IS 1 as Owner of the ect svb'
\l ,,,. ` J Pro PAY
herebyauthorize s S• l'OULM)AK to act ou my behalf,
is aI1 utters relative to work authorized by this building permit application for:
/o-7() J-YJw,yau.69
(Address of job)
JAA
Signature of Owner D
Priat Name
If Pro ems, Q�xzer is applying for p ermit pleas e complete.the
.Homeowners License Exemption Form on the reverse side.
COYdl�S
Al
/1�1 AA/U-lb� Olik&
Town of Barnstable
Regulatory Services
MASS. g, Thomas F.Geiler,Director
.s63q �0
Fn 39 Building Division
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-403 8 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, Y4-46- "n 47- u ,as Owner of the subject property
hereby authorize a \/
' `S j �-e-0&1 J to act on my behalf,
in all matters relative to work authorized by this building permit.
(Address of Job)
**Pool fences and alarms are the responsibility of the applicant. Pools
are not to be filled before fence is installed and pools are not to be
utilized until all final inspections are performed and accepted.
�i4�(?t Cf►�Z L �
Signature of Owner Signature of Appli ` nt
Print Name Print Name
r
Date
Q:FORM&O W NERPERMIS S IONPOOLS
A
�1NE fn Town of Barnstable
Regulatory Services
+ BARNSTABLE, * Thomas F.Geiler,Director
y MASS.
039. ,•� Building Division
rF0 MA't A
Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE:
JOB LOCATION:
number street village
"HOMEOWNER":
name home phone# work phone#
CURRENT MAILING ADDRESS:
city/town state zip code.'
The current exemption for"homeowners"was extended to include owner-occupied dwelling of six units or less and
to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as
supervisor.
DEFINITION OF HOMEOWNER
Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to
be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A
person who constructs more than one home in a two-year period shall not be considered a homeowner. Such
"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be
responsible for all such work performed under the building permit (Section 109.1.1)
The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other
applicable codes,bylaws,rules and regulations.
The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department
minimum inspection procedures and requirements and that he/she will comply with said procedures and
requirements.
Signature of Homeowner
Approval of Building Official ' _
Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the
State Building Code Section 127.0 Construction Control.
HOMEOWNER'S EXEMPTION
The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions
of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such
work,that such Homeowner shall act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,
Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly
when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed
Supervisor. The homeowner acting as Supervisor is ultimately responsible.
To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,
that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by
several towns. You may care t amend and adopt such a form/certification for use in your community.
Q:forms:homeexempt
Sep .26. 2011 2:56PM BARNSTABLE fire dept No- 1909 P. 2
13ARNSTABLE FIRE'DEPARTMENT
sU _
3249 Main Street—RO.Box 94
_4
1927 °s Bamstable,Massachusetts 02630
} 508-362-331.2
'�-..___... FAX, 508-362-8444
Robert M. Crosby Francis M.Pulsifer
FIRE CHIEF DEPUTY CHIEF
rorosby@barnstablefire.org foleler@bamstablefire.org
September 26,2011
Town,of Barnstable
Building Dgwtmeatt
200 Main Street
Hyannis MA 02601
Commissioner:
I have reviewed the plans for the renovations of Old County Buffet 1070 Iyannough Road
dated Sq tember 9,.2011.
I have met with the builder aW wformed him of the need to obtain permits,prior to any
work being performed, from us for the fire alarm system and duet work
Both of these must be permitted by the licensed installer.
He is plamft no cites on the physical layout of space.
All other life safety items(odt signs Emergency lights Pct.)must be fully operational
and in full compliance at fatal;inspection.
t _
Thank
Crosby
Fire Chief
www.bantsmblefiire.o:rg
i 1
§-- Massachusetts- Department of Public Safetc
Board of Bwildim� Regulations and Standards .
Construction Supervisor License
License: CS 78261
jGARRETT S.YOULDEN ,.
' PO BOX 1234
MASHPEE,AMA 02649
z
Expiration: 6/29/2012
Cr�nimisciuncr Tr#' 1415
Office-ffcons�o°merwmmfi e4"KeguTa"Tiori
` HOME IMPROVEMENT CONTRACTOR
.i Registration: 5170141 Type:
Expiration: 9/16/2013 Individual
GARR�TT S.YOULDEN i
GARRETT YOULDEN
110 SANDCASTLE DR T � '
' E.FALMOUTH MA 02536., Undersecretary
License or registration valid for individul use only
before the expiration date. If found return to:
Office of Consumer Affairs and Business Regulation
10 Park Plaza-Suite 5170
Boston,MA 02116
Not valid without silture
ff.
{
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention -Air Quality 1100135070
BW P A Q 0 Decal Number
Notification Prior to Construction or Demolition
Important: A. Applicability
When filling out pp t7
forms on the
computer,use
only the tab key A Construction or Demolition operation of an industrial, commercial, or institutional building, or
to move your residential building with 20 or more units is regulated by the Department of Environmental Protection
curuse the
return
not (DEP) Bureau of Waste Prevention-Air Quality Control Regulations 310 CMR 7.09. Notification of
use the return � y 9
key. Construction or Demolition operations is required under 310 CMR 7.09(2)ten (10)days prior to any
work being performed. The following information is required pursuant to 310 CMR 7.09.
r�
B. General Project Description
1. a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied
Instructions residence of four units or less?❑Yes p No
1.All sections of b. Provide blanket decal number if applicable:
this form must be Blanket Decal Number
completed in order 2 Facility Information:
to comply with the tY
Department of KING'S BUFFET RESTAURANT
Environmental
Protection a.Name
notification 11070 IYANNOUGH RD
requirements of b.Address
310 CMR 7.09
H annis MA 02601
c.Ci /Town d.State e.Zip Code
f.Tele hone Number farea code and extension q.E-mail Address(optional)
11160 1
h.Size of Facility in Square Feet i.Number of Floors
j. Was the facility built prior to 1980? ❑ Yes ❑Q No
k. Describe the current or prior use of the facility:
COUNTRY BUFFETT
I. Is the facility a residential facility? ❑ Yes ✓❑ No
c m. If yes, how many units? Number of units
�° 3. Facility Owner:
N YANK C. LU
o a.Name
�0 235 HENRY ST
b.Address
NEW YORK NY 10002 -�
c.CitWTown d.State e.Zip Code
�c 15168522856
d
f.Tele hone Number area code and extension a.E-mail Address optional
�Q h.Onsite Manager Name
ag06.doc•10/02 BWP AQ 06-Page 1 of 3
�f
Massachusetts Department of Environmental Protection
.; Bureau of Waste Prevention .Air Quality 1001 55070
F Ll BW P AQ 06 Decal Number
Notification Prior to Construction or Demolition
General Statement:If B. General Project Description (cont.)
asbestos is found
during a 4. General Contractor:
Construction or
Demolition IG.S.YOULDEN
operation,all a.Name
responsible parties
must comply with JP.O. BOX 1234
310 CMR 7.00, b.Address _
and Chapter
MASHPEE MA 02649 ^�
Chapterer 21 E of the
General Laws of c.Citvfrown d.State e.ZiD Code
the Commonwealth. 17742382918 oulden a y g ry@comcast.net
This would include, f.Telephone Number area code and extension .E-mail Address(optional)
but would not be
limited to,filing an IGARY YOULDEN
asbestos removal h.On-site Manager Name
notification with the
Department and/or
a notice of
release/threatof release of a C. General Construction or Demolition Description
hazardous
substance to the 1. Construction or demolition contractor:
Department,if
applicable. G. S.YOULDEN
a.Name
P.O. BOX 1234
.Address
MASHPEE, - EMA 102649
c.City/Town d.State e.Zip Code
7742382918
f.Telephone Number(area code and extension) g.E-mailAddress(optional)
GARY YOULDEN
R.On-site Manager ame
2. On-Site Supervisor:
GARY YOULDEN
On-Site Supervisor Name
3. Is the entire facility to be demolished? ® Yes ✓® No
�N
�0 4. Describe the area(s)to be demolished:
�0 SOME OF THE KITCHEN AREA WILL CHANGED
�N
�0
�0 5. If this is a construction project, describe the building(s)or addition(s)to be constructed:
NO ADDITIONS
�0
Q
ag06.doc•10/02 BWP AQ 06•Page 2 of 3
I
Massachusetts Department of Environmental Protection ■
LBureau of Waste Prevention .Air Quality 1001 55070
' BWP AQ 06 Decal Number
Notification Prior to Construction or Demolition
C. General Construction or Demolition Description (cont.)
6. a. If this is a demolition project, were the structure(s)surveyed for the presence of asbestos
containing material (ACM)?
❑ Yes ❑✓ No
If yes,who conducted the survey?
b.Survevor Name
c.Division of Occupational Safety Certification Number ,
7. Construction or Demolition: 10/10/2011 se 11/15/2011 —�
a.Start Date(mmldd/yyyy) b.End Date(mmlddlyyyy)
8. a. For demolition and construction projects, indicate dust suppression techniques to be used:
❑ seeding ❑ paving❑ wetting ❑ shrouding b. If other, please specify:
❑✓ covering ❑ other
9. For Emergency Demolition Operations,who is the DEP official who evaluated the emergency?
a.Name of DEP Official
b.Title
c.Date mm/dd/ of Authorization
d.DEP Waiver Number
D. Certification
I certify that I have examined the JGARRETr S.YOULDEN
o above and that to the best of my a.Print Name
_o knowledge it is true and complete. Igarrett youlden
�— The signature below subjects the b.Authorized Signature
��N signer to the general statutes OWNER
�o regarding a false and misleading c.Positionrutle
�0 statement(s). 1G.S.YOULDEN
d.Representing
9/27/2011
e.Date(mm/ddtyyyy)
�O
_a
�a
■ agO6.doc•10/02 BWP AQ 06•Page 3 of 3■
SHOPPING CENTER LEASE
This lease ("Lease"), dated as of -b by and between FESTIVAL OF HYANNIS, LLC
("Landlord")and KING'S BUFFET INC. ("Tenant");
WITNESSETH:,
WHEREAS, Landlord and Tenant wish to enter into this Lease on the terms and conditions
hereinafter set forth;
NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants and agreements
contained in this Lease, Landlord and Tenant hereby agree as follows:
Tenant hereby leases the Leased Premises (as hereinafter defined) from Landlord and Landlord
hereby leases the Leased.Premises to Tenant upon, and subject to, the terms and conditions hereinafter
set forth in this Lease.
1. Basic Lease Provisions and Definitions.
In addition to other terms defined in this Lease, the following terms whenever used in this Lease with
the first letter of each word capitalized shall have only the meanings set forth in this Article, unless such
.meanings are expressly modified, limited or expanded elsewhere herein.
(A) Shopping Center Location: Depicted on Exhibit"A", located in
Festival at Hyannis S.C.
Hyannis, Massachusetts
Site No.: SMAH1114A
(B) Leased Premises: The premises identified as plot 55 shown hatched on Exhibit "A"
(see Article 2).
(C) Floor Area: 11,165 square feet(see Article 2).
(D) Lease Commencement Date: Upon the full execution of the Lease by Landlord and Tenant.
(E) Rent Commencement Date: Ninety—(90) days after the Lease
Commencement Date(see Article 2).
(F) Lease Term: Commencing on the Lease Commencement Date and ending at 12
noon on the Expiration Date (see Article 2).
(G) Expiration Date: The last day of the calendar month in which occurs the 10th
anniversary of the day immediately preceding the Rent
Commencement Date (see Article 2).
(G-1)Additional Term: One(1)five (5)year option. See Rider"B"Article 34.
(H) Base Rent Schedule—Original Term (see Article 3):
Year-, Monthly Amount - Annual Base Rent
1 $15,817.08 $189,805.00
2 $15,817.08 $189,805.00
3 $15,817.08 $189,805.00
4 $15,817.08 $189,805.00
5 $15,817.08 $189,805.00
6 $18,189.65 $218,275.75
7 $18,189.65 $218,275.75
8 $18,189.65 $218,275.75
9 $18;189.65 $218,275.75
10 $18,189.65 $218,275.75
av
09/14/2011 l FORM 495
----------------------------------------------------------------------------
----------------------------------------------------------------------------
(H)(i) Base Rent—Additional Term (see Articles 3 and 34):
Year Monthly Amount Annual Base Rent ,
1 $20,915.76 $250,989.20
2 $20,915.76 $250,989.20
3 $20,915.76 $250,989.20
4 $20,915.76 $250,989.20
5 $20,915.76 $250,989.20
----------------------------------------------------------------------------
-----------------------------------------------------------------------------
(1)Tax Rent: As provided in Article 5(B).
(J) Common Area Rent: As provided in Article 8(D).
(K) Percentage Rent Rate: N/A.
(L) Security Deposit: $19,548.00 (see Article 6).
(M) Permitted Use: The Leased Premises shall.be used for the operation of an Asian
buffet restaurant for on-site consumption, and for no other use or
purpose. Provided Tenant obtains and maintains all necessary
governmental permits and approvals and Tenant carries a liquor
liability insurance policy with limits of liability as set forth in Article
11(B), Tenant shall be permitted to maintain a service bar for the
incidental sale of alcoholic beverages for on-premises consumption
and only as part of a full meal service. Tenant is specifically
prohibited from: (i) serving alcoholic beverages to customers who
are not dining at the restaurant, (ii) operating the Leased Premises,
or any portion thereof, as a bar, nightclub, tavern, cocktail lounge,
catering or banquet hall, and (iii) selling food or food products for
off-premises consumption.
(N) Landlord's Notice Address: C/O KIMCO REALTY CORPORATION
(see Article 29) 3333 NEW HYDE PARK ROAD -
SUITE 100
P.O. BOX 5020
NEW HYDE PARK, NEW YORK 11042-0020
(0)Tenant's Notice Address: 235 HENRY STREET, #22
NEW YORK, NEW YORK 10002
ATTN: YANG C. LU
/0-1)Tenant's Bank Account:
See Article 3 A
Account Number:
Routing Number-
(P) Broker: John Ferris
CB Richard Ellis/Grossman Retail Advisors
33 Arch Street, 30th Floor -
Boston, MA 02110
FOR INFORMATION ONLY
Tenant's Telephone No.: gS
Tenant's Fax No.:
1
Tenant's Email Address.: q0 I a�2ljk 07
�Gi`n9�S
Tenant's Business Name: h4siErn(1 Buffet
Tenant's Contact Person: Yang C. Lu
Guarantor: Yang C. Lu
235 Henry Street, #22
New York, New York 10002
09/14/201 t 2 av
FORM 495
�I
-----------------------------------------------------------------------------
The following riders and exhibit(s) are hereby incorporated into this Lease and made a part of this Lease
for all purposes:
Riders: Rider"A" General Lease Provisions (set forth in Articles 2
through 29).
Rider"B"Specific Lease Provisions (beginning with Article 30).
Exhibits : Exhibit"1"--Authorization Agreement for Direct Debit
Exhibit"A"--Site Plan
Exhibit"13-1"--Contractors Indemnity Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Lease under their respective hands
and seals as of the day and year first above written.
v
WITNESSES T ANDLORD: UANDLORD:
J FESTIVAL OF HYANNIS, LLC
By: Festival of Hyannis Holdco, LLC, its Sole Member
By: Kimco Income Fund I, L.P., its Sole Member
Q'nQ �lu�t/rn By: Kim Income Fund I GP, Inc., its General Partner
By:
Name: Rbymond Edwards
Title: Vice President
Date: Svrr,.2,q,711
F �
WITNESSES TO TENANT: TENANT:
KING'S��BUnnFFET INC.
By:
Name: a,cs Gr CH 141 LtA, C `¢iqt)
Title: ,U q
Date: 1 2,01
Fed Tax I.D. #592-99-3912
av
09/14/2011 3 FORM 495
i
4
A
li
FOR TENANT(CORPORATION) :
State of AID HI ]6� )
[ yk )ss.:
County of A[CLJ )
On the (`�`� day of 41 2,0(1 in the year 2011 before me, the undersigned,
a Notary Public in'and for said State, pers nally appeared �(&*g GNA( LK , personally known
to me to be the individual whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same in his capacity, and that by his/her signature on the instrument, the
individual or the person upon behalf of which the individual acted, executed the instrument.
a
Notary blic
JAN POTEMKIN
Notary Public, State of New York
No. 02PO4966209
Qualified in New York County
Commission Expires 4/30/2014
av
09/14/2011 4 FORM 495
- J
RIDER A
THIS RIDER A IS ATTACHED TO AND HEREBY MADE A PART OF THE LEASE
(SEE ALSO RIDER B).
2. Leased Premised Term and Lease Year. The Leased Premises is deemed to contain an
amount of square feet of space equal to the Floor Area. The Lease Term shall commence on the Lease
Commencement Date. Tenant's duty to pay Rent shall commence on the Rent Commencement Date.
a the fer-egaing,
Tenant shed! pay the first ;RA-A-lith's -insteAlment of Rent an the exeeutien
herea; whieh amount shall be applied as a er-edit against sueh fiFst monthly inst-A-11-m-eni -As; —And when due
other-than Tenant's default. this Lease e sholuld be :t�e�efl 13y
reason f, of the ;o e �,.., � ,;o o t Pa, The Lease Term shall expire without notice
on the Expiration Date. On request, Tenant shall promptly deliver to Landlord a statement in recordable
form specifying the Rent Commencement Date and the Expiration Date. The first Lease Year shall
commence on the Rent Commencement Date and end on`the last day of the calendar month in which
occurs the first anniversary of the day immediately preceding the Rent Commencement Date. Each
succeeding Lease Year shall be each successive twelve (12) month period.
3. (A) Base Rent. Tenant shall pay Base Rent at the annual rates specified in the Base Rent
Schedules in monthly installments paid in advance on the first day of each calendar month in the amount
specified in the Base Rent Schedule. If the Rent Commencement Date is not the first of the month, the
Base Rent for that month shall be prorated. Should any Lease Year contain more or less than twelve (12)
months, Base Rent and other charges for such Lease Year shall be appropriately prorated. In addition,
Tenant shall pay Landlord as additional rent each month throughout Lease Term including renewal
terms, on the same date that monthly payments of Base Rent are due, an amount equal to four (4%)
percent of the Base Rent that is payable for that month, as a management fee to Landlord. All other
payments to be made by Tenant pursuant to this Lease are in addition to Base Rent. Tenant shall pay
Base Rent and other Rent to Landlord or its designated agent at the address Landlord designates without
Landlord making any demand. However, Tenant hereby authorizes landlord to debit Tenant.'s Bank.
Account as set.forth_in Article 1 O-11 above on the first day of each month in advance for the full amount
of such monthly Rent payment then due. 'tenant shall maintain sufficient funds in Tenant's Bank
Account al.all times cauring the Lease Term to enable Landlord to debit such account for the monthly Rent
then due, the failure of which shall constitute a default for the failure to -Lay Rent. Simultaneously with
Temint's execution of this Lease, Tenant shall. complete and. submit to Landlord the authorization form
att,ac?,eri_hereto as Exhibit. "I" together with a voided check from Tenant's Bank Account. The obligation
to pay Base Rent and other Rent is an independent, unconditional covenant.
(B) Additional Rent. Base Rent and all other payments required to be made by Tenant
(including, but not limited to, Rent-,-Tax Rent and Common Area Rent) shall be deemed to be
and are included in the term "Rent", which shall be due and payable on demand or together with the next
installment of Base Rent, whichever first occurs, unless another time is expressly provided for payment.
Landlord shall have the same rights and remedies for non-payment of any Rent or any Security Deposit
as for a non-payment of Base Rent. Tenant shall pay to Landlord any tax or license fee measured by
Tenant's Rents receivable by Landlord; these taxes shall be paid by Tenant each month with monthly
payments of Rent.
(C) Late Rent. Any Rent or Security Deposit not paid when due shall bear interest on the
payable amount from the date when due until paid at the Default Interest Rate`(see Article 24(B)); in
addition,Tenant shall pay Landlord a Fifty($50.00) Dollar late charge for each overdue payment.
(D) Notwithstanding any alleged defense, counterclaim or offset against Rent, Tenant shall
continue to pay Landlord all Rent faithfully when due, including during the continuance of any dispute or
legal action, subject to reimbursement if directed by the Court. Tenant hereby consents to the entry in
any court action of an order requiring Tenant to make Rent payments during the pendency of the lawsuit.
All Rent due to Landlord under this Lease shall, unless and to the extent expressly otherwise provided
•herein, be due and payable without any notice, demand, offset, credit, deduction or abatement.
4. Percentage Rent.
Y
(A) Intentionally Deleted.
(B) GROSS SALES. "Gross Sales" means the aggregate of the prices charged for all
merchandise and services sold or leased in or from the Leased Premises and internet sales which are
either originated at terminals in the Leased Premises or picked up by customers at the Leased Premises
during each Lease Year, whether by Tenant or by any other person, whether sold or leased on credit or
paid by cash, check, barter or otherwise, whether the merchandise is delivered or the services rendered
from the Leased Premises or elsewhere, including sales or leases across the counter, orders taken on the
telephone, mail orders, sales or leases from mechanical devices or vending machines, deposits not
refunded to customers, and layaway sales; except that the following shall not be included as Gross Sales,
or if previously included in any Lease Year, may be deducted subsequently from Gross Sales reported for
such Lease Year: (i) refunds or credits to customers for returns of merchandise sold at the Leased
Premises (but not for returns of merchandise sold at any other store, by catalog or over the internet
unless the internet order originated at the Leased Premises and was previously included in Gross Sales),
and (ii) retail sales taxes charged specifically and separately as such to customers and paid by Tenant to
the taxing authority. There shall not be any deduction from Gross Sales by reason of Tenant's being
liable to pay any franchise tax, capital stock tax, income tax or similar or dissimilar tax based upon
Tenant's gross receipts, gross or net income, capital structure, or profits. The prices charged for sales
and/or leases shall be included in Gross Sales on delivery to, or the laying away of merchandise for, the
customers or on the rendering of the service. Tenant shall bear the risk and expense of non-collection for
bad debts or for granting credit.
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(C) Payment of Percentage Rent. Intentionally Deleted.
(D) Statements. Before the fifteenth r15th .day after- the, end of eaeh le„,a,,.. man
'Tenant shpAl fiaFrash bal4e,=d R showing the Gress SeAes fei- that month. in additien-,
befefe—the thirtieth (30th) day after the end of each Lease Year, Tenant shall furnish Landlord an annual
cumulative statement in such detail as Landlord reasonably requires, showing the Gross Sales for that
Lease Year, "—crri'-.c—fit the same time-13•, T an-dle-d all (er the lulu nee) of the Per-ee.tage Rent Elue f,,,- the
Lease Yeair o d ,,<. +i e .,, statement. NR. +, ,._ and annual statements shall be signed by
Tenant's principal executive officer.
5. Taxes.
(A) "Taxes" shall mean and include: real estate taxes; special and ,general assessments;
water and sewer rents and charges including connection or hookup charges; governmental license and
permit fees; charges for public or private easements benefiting the Shopping Center;,taxes on other areas
made available for the common use or benefit of tenants; and all other governmental impositions and
charges (extraordinary as well as ordinary, foreseen and unforeseen) which are either a lien on the
Shopping Center or which are charged, levied or assessed on, or imposed in connection with, the use,
occupancy or possession of the Shopping Center, and/or which appear as a charge on a tax bill given to
Landlord by any official taxing authority; and also: taxes, license fees or other charges measured by the
rents receivable by Landlord from the Shopping Center; occupancy taxes, rent taxes or similar taxes;
interest on'Tax installment payments; and costs, expenses and fees.(including attorneys' and other
experts' fees) incurred by Landlord in contesting and/or negotiating Taxes with the public authorities
(regardless of the outcome). If any method of taxation prevailing on the date of this Lease is altered, so as
a substitute for the whole or any part of real estate taxes there is levied or assessed a different kind of tax,
the different tax shall be deemed included in "Taxes". However, "Taxes" shall not include any inheritance,
estate, succession, transfer, gift, franchise or corporation tax, or any net income tax, profit tax or capital
tax imposed on Landlord. A copy of an official tax bill with respect to a governmental tax or assessment
shall be conclusive evidence of the amount of a Tax. If the Leased Premises is located in Indiana, Ohio,
Illinois or other jurisdiction wherein taxes are billed or are payable in arrears after they have accrued or
become a lien, then the taxes that are payable or become a lien during the,calendar year in which the
Lease Term is in effect shall be included in the definition of "Taxes" shared.in or payable by Tenant
according to the provisions of this Article even though the payment thereof relates to a fiscal tax period in
whole or in part occurring prior to the commencement of or after the end of the Lease Term.
(B) Tax Rent. As additional Rent for each year of this Lease (herein called "Tax Rent"),
Tenant shall pay to Landlord, in the manner hereinafter described, the product obtained by multiplying
the aggregate amount of all Taxes payable by Landlord for the then-current calendar year (or other fiscal
or accounting year selected by Landlord) by a fraction ("Tenant's Fraction"), the numerator of which is the
Floor Area of the Leased Premises, and the denominator of which is the total square foot ground floor area
which is leasable for space (on the first day of the month in question) inside all the buildings of the
Shopping Center. Notwithstanding the foregoing, at Landlord's option Tenant's Fraction may be
appropriately adjusted with regard to Tax Rent and/or Common Area Rent to exclude from the
denominator thereof any land and/or building(s) in the Shopping Center leased to or occupied by third
parties with separate tax lots or parcels for which they directly or indirectly pay taxes and/or who are
responsible for maintenance of portions of the Common Areas; provided that in such event the Taxes or
Common Area expenses paid by such third parties shall also be excluded in the computation of Taxes
and/or Yearly Common Area Costs. On the first day of each month in advance, Tenant shall pay to
Landlord one-twelfth (1/12th) of Tenant's annual share of Tax Rent, based'on Landlord's estimates. If
after the end of a calendar year (or other accounting period used by Landlord) the total of the monthly
payments by Tenant for the year has.exceeded or is less than the annual Tax Rent actually due, then an
adjustment shall be made with appropriate payments to or repayment by Landlord. If the amount of any
Taxes payable during the current year shall not yet have been billed by the taxing authority, the monthly
Tax Rent then payable shall be based on the amount of the corresponding Taxes for the immediately
preceding Tax year, subject to immediate adjustment (and payment of the adjusted amount by Tenant)
when such Taxes are billed or determined.
(C) Other Taxes. In addition to Tax Rent, Tenant shall pay in the entirety: all taxes
attributable to its signs, personal property and leasehold interests; all taxes allocable or attributable to
any improvements made by Tenant to the Leased Premises; all occupancy taxes or other taxes on its right
to occupy the Leased Premises; all taxes on its Rent (including sales taxes on rents if the Leased Premises
is in Florida or in,any other jurisdiction'imposing a tax on rents); and other taxes imposed on tenants
generally.
6. Security Deposit. On Tenant's execution of this Lease, Tenant shall pay the Security
Deposit as security for the payment of Rent and Tenant's performance and observance of this Lease. If
Tenant defaults under this Lease, or defaults under any other lease or agreement between Tenant and
Landlord or an affiliate of Landlord, Landlord may, without prejudice to any other available remedy, apply
the Security Deposit towards curing the default and compensating Landlord for loss or damage arising
from the default., At the expiration of this Lease, if Tenant is not in default or otherwise liable to
Landlord, the unapplied balance of the Security Deposit shall be returned to Tenant. Tenant expressly
agrees that Tenant shall have no right to apply any portion of the Security Deposit against any of Tenant's
obligations to pay any Rent hereunder and, if Tenant shall seek to so apply such Security Deposit,Tenant
shall on demand pay liquidated damages to Landlord in a sum equal to two (2) times the amount of any
such unpaid Rent. If at any time Landlord applies part or all of the Security Deposit, Tenant shall pay to
Landlord the amount so applied, thereby increasing the amount of the Security Deposit; so Landlord shall
have on hand the full original Security Deposit at all times. If Landlord transfers this Lease and Security
Deposit to a transferee, the transferor shall be released from liability with respect to the Security Deposit
or its return to Tenant; Tenant shall look only to such transferee with respect thereto. Tenant shall not
mortgage, assign (except in connection with an assignment of this Lease by Tenant which is otherwise
expressly permitted by the terms of this Lease) or encumber its interest in the Security Deposit, and any
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attempt to do so shall be void. On any transfer by Tenant of its interest in this Lease, the Security
Deposit shall be deemed transferred to the assignee. In case of Tenant's bankruptcy, reorganization or
other similar proceeding, the Security Deposit shall be deemed applied first to payment of unpaid Rent for
periods prior to institution of the proceedings.
7. Construction; Condition of Premises; Ownership of Installations. If Tenant enters the
Leased Premises before the Lease Commencement Date (but Tenant'shall have no such right except as
may be expressly provided herein or with Landlord's prior written consent), Tenant shall pay for all
utilities used by it and defend, indemnify and hold Landlord harmless from all liability which arises out of
Tenant's possession, use or occupancy during that period, and provide Landlord with the insurance
referred to in Article l I(B), and the indemnity in Article 11(A) shall apply and all other provisions of this
Lease shall apply except (unless otherwise stated herein) the obligation to pay Rent. Promptly following
the Lease Commencement Date, Tenant shall (subject to the provisions of Article 10(E) and all other
relevant provisions of this Lease) fixture and do all other work, including installation of an attractive
exterior lighted sign above its entrance (see Article 10 (D)), in order to prepare the Leased Premises for
business operation, and complete its work, fully staff and stock its store, and open for business promptly.
Prior to operating its business, Tenant shall obtain a permanent certificate of occupancy (or local
equivalent) for the Leased Premises from the local government agency having jurisdiction, and obtain final
lien waivers for all work performed by or on behalf of Tenant and forward copies to Landlord. Tenant
shall, at its sole expense, in doing any work, making any installations, or in using, occupying or
conducting business at the Leased Premises, comply with all present and future laws, regulations,
building codes and/or fire codes applicable to the Leased Premises or to Tenant's use or occupancy or
business operations, including those that relate to installation, maintenance, upgrading, repair or
replacement of sprinkler systems, and Tenant shall defend, indemnify and hold Landlord harmless from
all losses, damages, claims, liabilities, costs'and expenses (including legal fees) arising out of any failure
to do so. Tenant acknowledges.Landlord has made no representations, and that Tenant has conducted
all inspections it deems necessary (including environmental), and Tenant accepts the Leased Premises
and all the equipment, apparatus, plumbing, heating, air conditioning, electric, water, waste disposal and
other systems relating thereto and the parking lot and the other Common Area of the Shopping Center
"AS IS". Landlord is not obligated with respect to either the Leased Premises or the Shopping Center to
make any improvements, changes, installations, do any work, make any alterations, repairs or
replacements, clean out the Leased Premises, obtain any permits, licenses or governmental approvals, or
spend any money either to.put Tenant in possession or to permit Tenant to open for business, unless
Landlord has so agreed expressly in this Lease. All work other than that to be performed by Landlord, if
any, shall be accomplished by Tenant. Unless specifically stated otherwise in this Lease, it is deemed
that Landlord shall have tendered possession of the Leased Premises to Tenant immediately on the
signing of this Lease by both Landlord and Tenant. Except for signs, merchandise counters or other
easily removable< similar trade fixtures installed by Tenant at Tenant's expense, all alterations,
decorations, additions and Timprovements made by Tenant to the Leased Premises and including all
heating and air-conditioning units, equipment and apparatus at the Leased Premises and other fixtures
such as ceiling tiles and grids, lighting fixtures, electric panel boxes, plumbing, boilers, floor and wall
coverings, alarm systems, lights, toilet fixtures, partitions, doors and utilities shall be deemed attached to
the freehold and be Landlord's property.
8. Common Area.
(A) Subject to subparagraph (C) below, Tenant and its employees, agents, and customers
shall have the non-exclusive right to the use or benefit of the Common Area to the extent and in the
manner reasonably designated by Landlord. Except as otherwise specified in this Lease, Landlord agrees
to make all necessary repairs and maintenance to the Common Area to keep same in good condition,
including without limitation sweeping and removal of snow, ice and refuse,,and landscaping maintenance.
(B) "Common Area" is hereby defined as the areas, equipment. and facilities of the
Shopping Center for of any other land or property made available by Landlord for the safety, benefit or
convenience of tenants or their employees, subtenants, customers or invitees, including (as illustrations
and not in limitation): parking areas, driveways, truck serviceways, sidewalks and curbs; entrances and
exits from the adjacent streets; traffic lights, traffic islands, landscaped areas; meter rooms outside
individual stores; fencing; lighting facilities; sprinkler system serving landscaped areas or buildings;
sewage system outside tenants' stores; roofs, gutters and downspouts and the exterior of outside walls
(excluding storefronts) of buildings (without implying Tenant may use the roofs or outside walls);
directional or safety signs; Landlord's pylon signs (but not individual tenant panels) and sign panels
which identify the Shopping Center. Tenant acknowledges that the Common Area may also be used by
occupants and/or invitees of properties adjoining the Shopping Center, whether or not owned, leased or
managed by Landlord.
(C) Landlord reserves the right at any time and from time to time to change or reduce or
add to the Common Area. Common Area shall be under the exclusive control and management of
Landlord (including the hours that parking area lights are kept on). Tenant and its employees shall park
their vehicles only in areas Landlord designates for employee parking; if after one (1) violation notice is
given to Tenant a violation recurs by Tenant or its employees parking vehicles in other than the employee
parking areas, Landlord shall have the right to tow such vehicle at Tenant's expense and/or levy an
assessment against Tenant. of Forty ($40.00) Dollars per day for each vehicle. Tenant shall not permit
trucks or delivery' vehicles used by it to be parked in the Common Area except where Landlord permits.
Landlord may impose parking charges by meter or otherwise, and may close parts of the Common Area
for such time necessary in its opinion to prevent a dedication or accrual of rights in other persons, or to
discourage non-customer parking. Landlord shall not be obligated (although it may do so at its option) to
keep the Common Area illuminated to any extent after 10:00 P.M. or on any Sunday or legal holiday.
(D) Common Area Rent. In the manner hereinafter described, Tenant shall pay its share
of"Yearly Common Area Costs" (hereinafter defined). On the first day of each month in advance, Tenant
shall pay to Landlord, as additional Rent (herein called "Common Area Rent") one-twelfth (1/12th) of
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Tenant's annual share of Landlord's estimated Yearly Common Area Costs, based on Landlord's
estimates. Tenant's annual share shall be determined by multiplying the Yearly Common Area Costs by
Tenant's Fraction(defined in Article 5(B)). For a portion of a calendar month at the beginning of the Lease
Term,Tenant's Common Area Rent shall be prorated for,that month. .
(E) "Yearly Common Area Costs" shall mean and include all costs and expenses incurred
by Landlord during each twelve (12) month period selected by Landlord for repair, replacement, painting,
maintenance, protection and operation of the Common Area and for insurance carried by Landlord with
respect to the Shopping Center, and insurance-related costs and expenses, including (by way of examples
and not in limitation) costs or expenses relating to: parking areas, sidewalks and the like; storm water
and sewage drainage and sanitary control; removal of snow, ice and refuse (including use of trash
compactors); gardening and landscaping; roof repairs; insuring buildings and improvements and insuring
for bodily injury and property damage liability, including but not limited to insurance premiums,
administrative costs, fees, losses within deductibles and/or self-insured retentions for All-Risk Property
Insurance including Flood and Earthquake, Boiler & Machinery, Loss of Rents, Crime, General and
Umbrella liability, Workers Compensation, Automobile, and such other coverages and limits as Landlord
in its sole discretion deems reasonable in the circumstances, all at the fair premiums (which may be at
the manual rates applicable to the Shopping Center), as if the Shopping Center was the only property
owned by Landlord (but notwithstanding the foregoing, such insurance may be obtained through blanket
policies as long as Landlord makes a reasonable allocation of premiums to the Shopping Center, which
allocation may be based, inter alia, upon a uniform per square foot rate for all or substantially all property
owned by Landlord and affiliates); controlling or eliminating puddling or flooding; lighting (including
electric cost and maintenance, repair or replacement of fixtures, poles and replacement of bulbs);
depreciation of property owned or rental paid for maintenance machinery and equipment; taxes or fees
payable by Landlord for any pylons, equipment or other facilities; costs of security patrols, directing
parking and policing the Common Areas, compensation to personnel engaged in managing the Common
Areas and implementing services related.thereto; plus fifteen (15%) percent of the Yearly Common Area
Costs as a fixed administrative fee for Landlord. Landlord may cause any services such as sweeping,
snow removal, repairs, etc. to be provided by independent contractors, and the fees paid shall be part of
Yearly Common Area Costs.
(F) : After the end of each accounting period, Landlord shall furnish a statement of the
actual Yearly Common Area Costs. If the statement shows that the aggregate of Tenant's monthly
estimates paid by Tenant during such year was less than Tenant's Common Area Rent payable, Tenant
shall pay the balance due to Landlord within ten (10) days after receipt of the statement; and if the
statement shows that the aggregate paid exceeded the Common Area Rent payable, Landlord shall either
refund the excess or credit Tenant's next accruing Common Area Rent. Tenant's failure to give Landlord
written notice of any objection to the statement within ninety (90) days after the statement is sent shall
constitute a waiver of any objection or inquiry Tenant may have about the statement or for any
•examination of Landlord's records. Tenant acknowledges Landlord has not made any warranty,
agreement or representation of any kind as to the actual dollar amount of Yearly Common Area Costs or
Tenant's dollar share thereof.
9. Use of Premises.
(A) The Leased Premises will be used only for the Permitted Use, and for no other use or
purpose. Landlord has not made any representations as to whether the Permitted Use is permitted by the
municipality, or whether the Leased Premises is zoned for such use. Without limitation of the foregoing,
no sale or dispensing of lottery tickets, or other gaming tickets, ef a4eeholie beverages shall be permitted.
(B) Neither Tenant, nor any stockholder owning more than five (5%) percent of Tenant if
Tenant is a corporation, nor any person, corporation, partnership, trust, other firm or entity which
controls or is controlled by Tenant or is under common control with Tenant, nor any subsidiary of
Tenant, nor any business organization affiliated with Tenant (including but not limited to any so-called
"parent company" of Tenant), nor any guarantor of this Lease, will, directly or indirectly, conduct business
at, or sell from, any other place situated within a radius of three (3) miles of the Leased Premises any
merchandise or services which Tenant is permitted to sell or engage in any business which Tenant is
permitted to conduct in the Leased Premises. In addition to, and not in exclusion of, any remedy
available to Landlord for breach of the foregoing covenant, so long as this covenant is being breached,
Tenant's annual Base Rent shall be increased by twenty-five (25%) percent and, in additie e-e half
(1 J 2) of all of the "Gross Sales" (see Aftiele 4(13)) realized in er-fi-em sueh ethef plamee shall be RElded te the
Gross SeJes of the Leased Pr-enaises fer the pufpese ef eernputing the Pereentage Rent undef this Lease,
with the same effeet as though sueh other Gross Sales had aetually been reejized ffem tlqp, I�,Aqpfi
Premises; but if Tenant has eeased eendueting business at the Leased Premises then, in addition to the
twenty five (25,%)per-eent Base Rent ineFease, the "Gress 8-4-2 __'ized ffem s eh other pleee sha4l be
(C) Tenant's Business Operations. Tenant shall keep the Leased Premises open and
operated continuously for business not less than from 10:00 A.M. to 9:00 P.M. each day for at least six (6)
days a week. Tenant will continuously operate its business therein with diligence and in a manner
calculated to produce maximum Gross Sales, fully staffed with personnel at the Leased Premises, and at
all times fully stocked with seasonal merchandise. Tenant agrees for its part: no auction, fire,
bankruptcy, going out of business or similar sale will be conducted or advertised; no merchandise will be
kept, displayed or sold or business solicited in the Shopping Center outside the Leased Premises; no
nuisance will be permitted; nothing shall be done which is unlawful, offensive or contrary to any law,
ordinance, regulation or requirement of any public authority, or which may be injurious to or adversely
affect the quality of the Leased Premises or the Shopping Center; no part of the Leased Premises
(especially the electric and plumbing systems, the floor and walls) will be overloaded, damaged or defaced;
no holes will be drilled in the stone or.brickwork or in concrete; no emission of any objectionable odors,
sounds or vibrations will be permitted. Tenant shall procure all licenses and permits required for the use
or occupancy of the Leased Premises and the business'being conducted therein; the storefront, show
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windows and signs will be repaired, kept clean, in good condition and lighted; all merchandise and other
property will be delivered to or removed from the Leased Premises only by the rear entrance; all garbage,
waste and refuse will be kept stored temporarily inside the Leased Premises and then regularly removed
at Tenant's expense and, if Landlord opts, only by a contractor designated by Landlord, provided its price
is competitive. Tenant will comply with the requirements of law and any requests of governmental
agencies or Landlord in its recycling program, if any. Tenant will cooperate with Landlord and other
tenants of the Shopping Center in promotions and advertising, and will become a dues-paying member of
any merchants' association (or similar organization) of which fifty (50%) percent or more of the tenants
are members; or alternatively will become a participant of and shall pay its prorata share (based on
Tenant's relative store size) of any expenses incurred by a marketing or promotion fund program now or
hereafter established by Landlord, if any. Tenant shall comply with all environmental statutes,
regulations or ordinances now or hereinafter enacted by government authorities. Tenant shall not permit
the release, emission, disposal, dumping or storage of hazardous wastes (as defined in any such laws)
into the septic tanks, sewers, or other waste disposal facilities of the Shopping Center or anywhere in the
Shopping Center, or permit same to be brought into the Leased Premises at any time, and the provisions
of this sentence shall survive the expiration of the Lease Term. Tenant shall keep the Leased Premises
free of rodents, vermin, insects and other pests, and provide regular exterminator services at its own
expense, and, if Landlord opts, only by an exterminator designated by Landlord provided its price is
competitive. Tenant agrees that nothing will be done or omitted which may either prevent the obtaining
by Landlord or other tenants of insurance on any part of the Shopping Center or on any personal property
thereon, or which may make void or voidable any such insurance, or which may create any extra
premiums for any insurance carried by Landlord or other tenants. Tenant will comply with all
requirements and recommendations of Landlord's and Tenant's insurance companies and any rating
bureau or similar organization, including maintaining and servicing fire extinguishers.
(D) , Tenant agrees to: stock only merchandise Tenant intends to offer for sale at retail at
the Leased Premises; use for office or other non-selling purposes only incidental space required for
Tenant's retail business conducted at the Leased Premises; not sell goods, solicit business or distribute
advertising matter in the Common Areas; not permit prepe atio . of�ged of any eeek ng baking^r r.-54
in the Leased.' Premise . Tenant shall keep the sidewalks, curbs and ramps (if any) adjacent to the Leased
Premises (and also all delivery areas, ramps, loading areas and docks used exclusively by Tenant) in good
and safe condition and free from snow, ice, and rubbish. Tenant will not make or suffer any waste of the
Leased Premises. Landlord shall not be liable for the act of any other tenant or person who may cause
damage to or who may interfere with Tenant's use or occupancy of the Leased Premises or Tenant's
business.
10. (A) Utilities. Tenant shall provide and pay for its own heat, air conditioning, water, gas,
electricity, sewer, sprinklers and other utilities, including application deposits and installation charges for
meters and for consumption .or use of utilities. Tenant shall pay its share of sewer charges, if any,
reasonably determined by Landlord. Tenant shall keep sufficient heat to prevent the pipes from freezing.
If Tenant receives utilities through a meter which supplies utilities to other tenants, Tenant will pay to
Landlord Tenant's proportionate share (based on relative square feet size of premises) of the total meter
charges. If Tenant receives water from Landlord's well or other sources made available by Landlord
(instead of from an independent water company), Tenant shall pay for the water, and all costs and
expenses for the'maintenance, repair, replacement and installation of tanks, electric costs, machinery,
apparatus and facilities shall be included in Yearly Common Area Costs. See Article 32 re Utility
Deregulation.
(B) Landlord's Repairs. Weather permitting and subject to Article 25, Landlord shall,
within thirty (30) days after receiving written notice from Tenant, commence to make repairs, if necessary,
to the foundation, the roof, the exterior of the perimeter demising walls, and the load-bearing structural
columns and beams in the Leased Premises, except that if those repairs or -replacements arise from (i)
repairs, installations, alterations, or improvements by or for Tenant or anyone claiming under Tenant, or
(ii) the fault or misuse of Tenant or anyone claiming under Tenant, or (iii) default under the Lease by
Tenant, then Tenant shall make such repairs or replacements or, if Landlord elects, Landlord may
perform the work for Tenant's account and Tenant shall reimburse Landlord for expenses incurred. In
determining Landlord's repair obligations, the expression "roof' does not include rooftop heating or air
conditioning units or other structures or apparatus on the roof serving the Leased Premises, and "exterior
of walls" does not include the storefront, any glass, windows, window sashes or frames, doors, door
frames or hardware, trim or closure devices, or any part of the interior side of perimeter walls, all of which
shall be Tenant's duty to repair, maintain, and replace. In any event, Landlord's obligation shall be only
to make the repairs for which it is hereby obligated, and Landlord shall not be liable for loss of business,
loss of sales, loss of profits or for any consequential damages or for damage to or loss of personal
property, fixtures or any interior elements of the Leased Premises which are Tenant's responsibility to
maintain or repair.
(C) Tenant's Repairs. Subject to Article 10(B), Tenant shall maintain and make all
repairs and alterations of every kind with respect to the Leased Premises (including necessary
replacements) to keep it in good condition (including the storefront, glass, signs, ceilings, interior walls,
interior side of perimeter walls, floor, floor coverings, plumbing, electric, heating and air conditioning,
sprinklers and lighting fixtures), and do all required by any laws, ordinances or requirements of public
authorities. From the point they serve the Leased Premises exclusively, whether located inside or outside,
Tenant shall make all repairs, replacements and alterations necessary to maintain in good condition all
lines, apparatus, and equipment relating to utilities (including heating, air conditioning, water, gas,
electricity and sewerage). Tenant shall maintain a service contract for the regular seasonal maintenance
(as per manufaciurer's recommendation, but not less than four (4) times per year, including the
manufacturers recommended points for service and repair) of the heating, ventilating and air conditioning
("HVAC") system servicing the Leased Premises with a licensed HVAC contractor at all times during the
Lease, and shall provide a copy of same to Landlord. In the event Landlord has or initiates a uniform
HVAC maintenance program or trash removal program for the Shopping Center, Tenant agrees, at
Tenant's expense, to participate and use Landlord's designated contractor, provided its price is
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competitive with other licensed contractors in the region. Additionally, if any air conditioning or heating
equipment (or other utility equipment) is damaged by vandalism, fire, lightning or other casualty, Tenant
shall repair (and if necessary, replace) the equipment, notwithstanding Article 13. Tenant's sole right of
recovery shall be against Tenant's insurers for loss or damage to stock, furnittre and fixtures, equipment,
improvements and betterments.
(D) Signs; Painting; Displays. No sign, other advertising or any other thing may be
placed by Tenant or anyone claiming under Tenant on the exterior of the Leased Premises or on the
interior part of either windows or doors without Landlord's prior written approval, which shall not be
unreasonably withheld. Tenant shall not utilize flashing, painted, neon or moving signs or lights. Tenant
shall not paint, decorate or mark any part of the exterior. Tenant shall install an exterior lighted sign or
signs in compliance with Landlord's specifications and keep the sign(s) (which must first be approved by
Landlord in writing) lit to at least 10:00 P.M. or to such later hour as requested by Landlord, on all days
of the year.
(E) Alterations. No alterations, installations, additions or improvements will be made to
the Leased Premises by Tenant without Landlord's prior written approval. All installations, alterations,
additions and improvements, whether by Landlord, Tenant or any other person (except only sign panels
and movable trade fixtures installed at Tenant's cost) shall become, when made, a part of Landlord's real
estate, and on termination of the Lease Term shall be surrendered with the Leased Premises in good
condition. Tenant shall not have the right to remove sign boxes. Tenant shall defend, indemnify and
save Landlord harmless from and against all claims for injury, loss or damage to person or property
caused by or resulting from doing any work. For any work that involves penetration of the roof surface or
alterations to the sprinkler system, Tenant shall employ Landlord's contractor. The maintenance of any
portion of the roof affected by Tenant's work will be Tenant's responsibility, including repair of areas of
the Shopping Center that might be affected due to water penetration through Tenant's roof work.
(F) Permits; Liens. All repairs, installations, alterations, improvements and removals by
Tenant will be done in a good and workmanlike manner, only after Tenant has procured all permits.
Tenant shall comply with all laws, ordinances and regulations of public authorities and with all
Landlord's and Tenant's insurance requirements and with insurance inspection or rating bureaus; and
the work shall not adversely affect the structure of the building. Tenant shall pay promptly when due all
charges for labor and materials in connection with any work done by or for Tenant or anyone claiming
under Tenant. Tenant shall remove, by payment, bonding or otherwise, within ten (10) days after notice,
all liens placed on the public record or in any way against Landlord's interest or the Shopping Center
resulting from any act of Tenant or from labor or materials being alleged to have been supplied at the
request of Tenant or anyone claiming under Tenant, failing which Landlord may remove such lien and
collect all expenses incurred from Tenant as additional Rent. Tenant shall protect, defend, save harmless
and indemnify Landlord and any fee owner of the Shopping Center from and against all losses, claims,
liabilities, injuries, expenses (including legal fees), lawsuits and damages arising out of any lien described
above.
11. Indemnity; Insurance.
(A) Tenant shall protect, defend, save harmless and indemnify Landlord and any fee
owner of the Shopping Center from and against all losses, claims, liabilities, injuries, expenses (including
legal fees), lawsuits and damages of whatever nature either (i) claimed to have been caused by or resulted
from any act, omission or negligence of Tenant or its subtenants, concessionaires, employees, contractors
and invitees no matter where occurring, or (ii) occurring in the Leased Premises except if caused by
Landlord's negligence. Landlord shall not be liable under any circumstances for any injury or any loss or
damage to or interference with any merchandise, equipment, fixtures, furniture, furnishings or other
personal property or the business operations of Tenant or anyone in the Leased Premises occasioned by(i)
the act or omission of persons occupying other premises, or (ii) any defect, latent or otherwise, in any
building or the equipment, machinery, utilities, or apparatus, or (iii) any breakage or leakage of the roof,
walls, floor, pipes or equipment, or (iv) any backing up, seepage or overflow of water or sewerage, or (v)
flood, rain, snowfall or other elements or Acts of God. If Tenant makes shopping carts available, the
foregoing indemnity provisions shall apply to claims relating to the shopping carts; and Tenant shall
remove all shopping carts from the Common Area, as often as necessary,so that the Common Area shall
remain reasonably free of carts. All shopping carts shall be stored inside the Leased Premises.
(B) Tenant's Insurance. Tenant shall maintain with financially responsible insurance
companies with a':Best Rating of not less than A-VIII licensed to do business in the state where the Leased
Premises is located: (i) a commercial general liability insurance policy with respect to the Leased Premises
and its appurtenances (including signs) naming Landlord, Landlord's lender (if any), and Kimco Realty
Corporation as additional insureds with a limit of not less than One Million ($1,000,000) Dollars per
occurrence and. Two Million ($2,000,000) in the aggregate, and a liquor liability insurance policv with a
limit of liability of not less than $1,000,000 per occurrence and $2 000 000 general aggregate; (ii) an
umbrella liability insurance policy covering commercial liability and liquor liability with a limit of not less
than Five Million ($&,898,0003,0 00,000) Dollars, naming Landlord, Landlord's lender (if any), and
Kimco Realty Corporation as additional insureds; (iii) an insurance policy to cover heating and
air-conditioning units against damage for one hundred (100%) percent replacement cost; (iv) an all-risk
property insurance policy insuring all merchandise, leasehold improvements, furniture, fixtures and other
personal property, all at their replacement cost; and (v) business interruption insurance. Tenant shall
deliver these insurance policies or certificates thereof, satisfactory to Landlord, issued by the insurance
company to Landlord with premiums prepaid on the signing of this Lease and thereafter at least thirty
(30) days prior to each expiring policy. Tenant's failure to deliver the policies or certificates, within thirty
(30) days after receipt of written notice from Landlord, shall constitute a default and shall entitle
Landlord, at Landlord's option, to purchase the above required insurance at then prevailing market rates,
and Tenant shall;pay Landlord on demand.the costs thereof plus a twenty percent (20%) administrative
fee. All policies of insurance required of Tenant shall have terms of not less than one (1)year.
'09/14/2011 10 av
FORM 495
I.
12. Access to Premises. Landlord shall have the right (but shall not be obligated) to enter the
Leased Premises upon reasonable notice (and in case of emergency without notice) to inspect or to show
the Leased Premises to prospective purchasers, mortgagees or tenants, or to make any repairs,
alterations, or improvements, including the installation or removal of pipes, wires and other conduits
serving other parts of the Shopping Center. Commencing six (6) months prior to expiration of the Lease
Term, Landlord may maintain "For Rent" signs on the front or any other part of the exterior of the Leased
Premises. Landlord further reserves to itself the exclusive right at any time to use the roof, foundation or
exterior walls (other than Tenant's storefront) for placing of signs or equipment, including utility
equipment, or forfpurpose of additional construction..
13. Fire or Other Casualty.
(A) Tenant shall give prompt notice to Landlord in case of fire or other damage to the
Leased Premises.
(B) If (i) the Shopping Center buildings are damaged to the extent of more than twenty-
five (25%) percent of the replacement cost, or (ii) the Leased Premises are damaged to the extent of more
than fifty (50%) percent of the replacement cost, or (iii) the Leased Premises are damaged and Tenant is
not operating for business as required by Article 9(C) at the time the damage occurs, or (iv) the Leased
Premises are damaged and less than one (1) year of the Lease Term remains unexpired at the time of the
fire or other casualty; then in any of such events, Landlord may terminate this Lease by notice to Tenant
within ninety(90).days after such event, and on the date.specified in the notice this Lease shall terminate.
If the damage renders the Leased Premises wholly or partially untenantable, there shall be a fair and
equitable proportionate abatement of all Rent during that period. Unless this Lease is terminated as
aforesaid, this Lease shall remain in effect.
(C) If this Lease is not terminated by Landlord, this Lease shall continue in full force and
effect (Tenant waives any right conferred by any applicable law to terminate this Lease based on the
damage), and Tenant shall, immediately on notice from Landlord, remove its fixtures, other property and
debris as required by Landlord, and then Landlord shall rebuild the Leased Premises to the condition
existing when the Leased Premises was originally delivered to Tenant; and on completion thereof Tenant
shall restore Tenant's property and promptly reopen for business. Tenant shall use the proceeds of any
recovery on Tenant's insurance policies for restoration of improvements made by Tenant to the Leased
Premises, and for restoration and/or replacement of Tenant's equipment, trade fixtures and inventory,
and to cover any business interruption loss.
(D) The "replacement cost" as used in (B) above shall be, determined by a reputable
contractor selected by Landlord.
14. Eminent Domain.
(A) If the whole of the Leased Premises are taken in connection with eminent domain, the
Lease Term shall expire when Landlord shall be divested of its title, and Rent shall be apportioned as of
that date.
(B) If only part of the Leased Premises is taken in connection with eminent domain, and
the ground floor area of the Leased Premises is reduced by more than twenty(206/6) percent and the part
remaining shall not be reasonably adequate for the operation of Tenant's business, Landlord or Tenant
may terminate this Lease by giving the other notice within thirty (30) days after such taking, effective as
of the date possession of the taken part shall be required for public use; and Rent shall be apportioned as
of that date.
(C) Tenant shall not have any claim for an award based on the loss of its leasehold estate.
Landlord shall be entitled to all damages in connection with eminent domain'. Tenant shall execute any
instrument required by Landlord for the recovery of damages and to remit to Landlord any damage
proceeds recoverdd, except, however, Tenant may recover for itself damages for movable trade fixtures
which were installed by Tenant, provided Landlord's award is not reduced thereby.
15. Defaults and Remedies.
(A) Any one of the following shall be a default by Tenant: (1) if Tenant fails to pay Rent,
Security Deposit or other money, or to provide a certificate of insurance or to provide an estoppel
certificate as required by Article 27 when due, or(2) if Tenant fails to perform or observe any agreement or
condition on its part to be performed or observed, other than the defaults mentioned in the preceding
clause (1) or in clauses (3) through (8) below, or if Tenant defaults under any other lease or agreement
between Tenant and Landlord or an affiliate of Landlord, or (3) if Tenant's leasehold interest is levied on,
attached or taken by any process of law, or (4) if Tenant makes an assignment of its property for the
benefit of creditors, or (5) if any bankruptcy, insolvency or reorganization proceeding or arrangement with
creditors (whether through court or by proposed composition with creditors) is commenced by or against
Tenant, or (6) if a receiver or trustee is appointed for any of Tenant's property, or (7) if this Lease is
transferred to or devolves on, or the Leased Premises is occupied by, anyone other than Tenant except if
specifically permitted by this Lease, or (8) if Tenant closes the Leased Premises or ceases doing business
at the Leased Premises.
(B) If (i) a default described in subsection 15(A)(1) or in subsections 15(A)(3) through (7)
inclusive occurs, or (ii) a default described in subsections 15(A)(2) or 15(A)(8) occurs and continues for
more than fifteen(15) days after written notice from Landlord, then in any of such cases Landlord or its
agent shall have the right to enter the Leased Premises and dispossess Tenant and all other occupants
and their property by legal proceedings, use of reasonable force (under the conditions allowed in Article
15(F) hereof) or otherwise. Tenant hereby waives any claim it might have for trespass or conversion or
other damages if Landlord exercises such remedies. Landlord may exercise the remedies just mentioned
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09/1.4/2011 )) -FORM 495
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without terminating this Lease. As an independent cumulative right to obtaining possession without
terminating this Lease, Landlord shall have the right to terminate this Lease by giving Tenant written
notice specifying the day of termination (which shall be not less than five (5) days from the date of the
notice), on which date this Lease and all of Tenant's rights will cease as a conditional limitation, as if that
date specified in Landlord's notice was the original date for expiration of this Lease; but in all cases
Tenant shall remain liable as hereinafter provided.
(C) Notwithstanding any re-entry, dispossession or termination of the Lease by Landlord,
Tenant will remain liable for damages to Landlord in an amount equal to the aggregate of all Rents and
other charges required to be paid up to the time of such re-entry, dispossession or termination, and for
Landlord's damages arising out of the failure of Tenant to observe and perform Tenant's covenants and, in
addition, for each month of the period which would otherwise have constituted the balance of the Lease
Term, Tenant shall pay any deficiency between the monthly installment of Base Rent plus the Tax Rent,
Common Area Rent and all other Rent that would have been payable, less the net amount of the rents
actually collected by Landlord from a new tenant, if any. Tenant will not be entitled to any surplus.
Furthermore, Tenant will be liable to Landlord for all the expenses Landlord incurs for: legal fees related
to obtaining possession and making a new lease with another tenant; legal fees and court costs incurred
in or related to bankruptcy proceedings, including legal fees and court costs incurred or related to issues
and events that are peculiar to bankruptcy;brokerage commissions in obtaining another tenant; and
expenses incurred in putting the Leased Premises in good order and preparing for re-rental (together
herein referred to as "Reletting Costs"). In addition, Landlord may relet the Leased Premises, or any part
thereof, for a term which may be less or more than the period which would have constituted the balance
of the Lease Term and may grant reasonable concessions or free rent to a new tenant. Landlord's refusal
or failure to relet the Leased Premises to a new tenant shall not release or affect Tenant's liability; and
Landlord shall not be liable for failure or refusal to relet, or for failure to collect rent under such reletting.
tefmination, the Gi=ess Sales of the Leased Premises for- eaeh Lease Year- 5
with the be se Y_
ef sueh tefminatien shall be deemed te be eEfdal to the am"nt ef Gress Sales whieh WeFe fefthged ElUfiii
the,highest of the thFee (3) Lease Yee.+s prior,to the termination.
(D) . In any case where Landlord shall have the right to hold Tenant liable monthly,
Landlord may elect to declare all the aggregate Rent for the remaining balance of the Lease Term, as well
as all accrued Rent, to be immediately due and payable, and to recover immediately against Tenant all
such Rent (for loss of a bargain and not as a penalty).
E In the event of a breach or threatened breach of the Lease b Tenant Landlord shall
11 y ,
have the right of injunction and the right to invoke any remedy allowed at law or in equity: Mention of
any particular remedy shall not preclude Landlord from any other remedy in law or in equity.
(F) Tenant waives service of notice of intention to re-enter or institute legal proceedings to
that end. Tenant waives any rights of redemption as to the Leased Premises granted by any present or
future laws. The words "re-enter" and "re-entry" are not restricted to their technical legal meaning.
Notwithstanding the foregoing, Landlord may use force to dispossess Tenant only in the following
situations: (i) it is pursuant to law or a court order, judgment or decree; or (ii) Tenant has not been
operating its business at the Leased Premises open to the public as required by Article 9(C) of this Lease
for more than seven (7) business days.
(G) Landlord and Tenant mutually agree that they hereby waive trial by jury in any
action, proceeding or counterclaim brought by either against the other as to any matters arising out of or
in any way connected with this Lease, or their relationship as Landlord and Tenant, or Tenant's use or
occupancy. Tenant agrees that no counterclaim or setoff will be interposed in any action by Landlord
based on non-payment of Rent, even if such counterclaim or setoff is based on Landlord's alleged breach
of a duty to repair or alleged breach of quiet enjoyment, or any other allegation.
16. Subordination.
(A) This Lease is and shall be subject and subordinate to (i) all ground or underlying
leases and all mortgages or other security instruments now or hereafter affecting such leases, (ii) all
mortgages or other security instruments now or hereafter affecting the fee title of the Shopping Center,
(iii) all documents and agreements of record affecting the Shopping Center, and (iv) all renewals,
modifications, consolidations, replacements, and extensions of any such ground or.underlying leases,
mortgages, security instruments and other documents of record. This clause shall be self-operative and
no further instrument of subordination shall be required by any ground or underlying lessee or by any
mortgagee. In confirmation of such subordination, Tenant agrees to execute promptly any instrument
that Landlord may request. However, at the option of Landlord or such mortgagee or ground lessor or
secured party, this Lease shall be paramount to such mortgage or ground or underlying lease or other
security instrument.
(B) If Landlord transfers its interest in the Leased Premises, or proceedings are brought
for foreclosure of any such mortgage or in case of sale in lieu thereof, or termination of any such ground
or underlying lease, Tenant shall, if requested, attorn to the transferee, mortgagee, ground or underlying
lessor and deliver, without charge, instruments acknowledging the attornment.
(C) Provided Tenant was given notice in writing of the names and addresses to which the
notices should be sent, Tenant shall give prompt written notice of any default by Landlord to the holder of
all mortgages, ground or underlying leases and security holders if the default is such as to give Tenant a
right to (i) terminate this Lease, or (ii) reduce the Rents or any other sums reserved, or (iii) credit or offset
any amounts against Rents. Any mortgagee, ground lessor or security holder shall have the right to cure
Landlord's default within sixty (60) days after receipt of Tenant's notice; and no such rights or remedies
shall be exercised by Tenant until the expiration of said sixty (60). days (or such additional time
reasonably required to cure such default).
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17. Waiver of Subrogation. Landlord and Tenant hereby release the other and all other persons
claiming under it by way of subrogation from any and all liability for loss or damage to property, even if
such loss or damage is caused by the fault or negligence of the other or of any persons claiming under the
other. Tenant and Landlord will cause their respective insurance companies to endorse their respective
insurance policies to permit a waiver of subrogation.
18. ASSIGNMENT AND SUBLETTING. Tenant shall not, whether voluntarily or by operation of
law or otherwise: (i) assign, mortgage, pledge, hypothecate, or otherwise transfer or encumber any of its
interest in this Lease or the Leased Premises, in any manner, nor (ii) sublet, license or permit occupancy
by any other person of any portion of the Leased Premises (all of the foregoing are collectively called a
"Transfer"), without obtaining on each occasion the prior written consent of Landlord, which consent
Landlord may deny, regardless of commercial reasonableness. Notwithstanding the foregoing, if Tenant
requests Landlord's consent to assign this Lease and Tenant has not been in monetary or other material
default under the Lease at anv time Landlord shall not unreasonablv withhold its consent to an
assignment of the Lease to a new occupant of the Leased Premises who would use the Leased Premises
for the purpose described in Article. I(M). If Tenant requests Landlord's consent to sublease the Leased
Premises, and Tenant has not been in monetary or other material default under the Lease at any time,
Landlord shall not unreasonably withhold its consent provided: (i) the sublessee uses the Leased Premises
for the purpose described in Article 1(M), and (ii) Tenant derives substantially all of its income with
respect to the Leased Premises from subleasing substantiallv all of the Leased Premises, and (iii) the Sub
Rent (as defined below) or other amounts received or accrued by Tenant from subleasing the Leased
Premises is not based on the income or profits of the subtenant, excluding for this purpose the portion of
Sub Rent, if any, based on a fixed percentage or percentages of gross receipts or gross sales of the
subtenant. In the event Tenant obtains Landlord's consent to sublet the Leased Premises and the
amount of minimum rent and additional rent payable by the sublessee to Tenant under the sublease (the
"Sub Rent") exceeds the aggregate of all Base Rent, Tax Rent, and Common Area Rent payable by Tenant
to Landlord under-this Lease for such period ("Lease Rent"), then Tenant shall promptly remit to Landlord
each month, due and payable as additional Rent, the difference between the amount of Sub Rent and the
amount of Lease Rent.
In the event Tenant desires to engage in a Transfer, Tenant shall give Landlord written
notice ("Transfer Notice") containing the following: (i) the name and address of the proposed assignee,
subtenant or occupant (the "Proposed Transferee"); (ii) if the Proposed Transferee is a corporation, limited
partnership, partnership, limited liability company or other business entity, the name and addresses of
the principal officers, partners, members or shareholders of the Proposed Transferee (the "Principals"); (iii)
current financial'and other information with respect to the financial ability, operating experience, and
business reputation of the Proposed Transferee and its Principals sufficient for Landlord to evaluate the
financial capabilities and business experience of the Transferee, its Principals and the proposed Transfer;
and (iv) true an&complete copies of all the documents and agreements related to the Transfer, and (v)
payment of Landlord's reasonable administrative and attorneys' fees in reviewing the proposed Transfer,
which is currently$1,500, subject to reasonable increases.
Within thirty (30) days after Landlord's receipt of the Transfer Notice, Landlord shall elect by
written notice to Tenant ("Landlord's Notice") to either: (1) consent to the proposed Transfer to the
Proposed Transferee; or (2) deny its consent to such proposed Transfer; or-(3) terminate this Lease.,in the
event handler-El shall eleet te ter-ffiinate this beasei (i) the bease shall e�ipire en�he Elate whieh is speeified
in, the bandleFd's Natiee, whiek dRte will not be less than si�ity (60) days after the date ef Landlei-d's
Dletiee; (ii) Tenant shall be r-eleased f-Forn all liability whieh aeeFdes under- the Lease after- the latter of(the,
"Release Date")� (1) the date Tenant surrenders possession of the Leased Premises to the Lealdior-d in the
eanditien reElUir-ed by this bease, of (2) the Elate set �qr-th in Laiadlord's Notiee to Tenant that,it has eleeted
te teFffiinate this Lease .(etheF then indernnities and ebligations of. Tenant whieh expr-essly survive
this- ,Oase, as set rA-,� fi). Tenant shall be ets �e pay all Rent
u -
In any assignment the assignee'must assume this Lease in writing on Landlord's form.
Notwithstanding any Transfer, Tenant shall not be released (nor shall any of Tenant's constituents,
partners, or members be released) from any obligations, liabilities or covenants under this Lease and
shall continue to remain responsible for all liabilities and obligations under the terms of this Lease. In
any Transfer the Leased Premises shall be used for the Permitted Use only. Landlord shall have the right
to collect Rent from any assignee, subtenant or other occupant without releasing Tenant or waiving any
right against Tenant for its default under this Article and without accepting the payor as a permitted
Transferee. Any transfer of (i) any corporate stock of; (ii) any partnership interest in; or (iii) any
membership interest in Tenant, or a merger, consolidation or liquidation of or by Tenant, either
voluntarily or by operation of law, shall be deemed an assignment and require Landlord's consent as
stated above. Under any circumstances, Landlord shall not be liable for any money damages to Tenant or
Tenant's proposed assignee, transferee or subtenant for refusal to consent to any assignment or transfer
of this Lease or transfer of Tenant's corporate'stock or sale of Tenant's business or for refusal to consent
to any subletting; Tenant's sole remedy shall be specific performance. in any assignffient of this Lease,
the assignment shall be, invalid unless the. assigper- pays Landlei-d, prier to . assigqiment,
De,-ee.,tage Rent due for- the elapsed pert:,.... of the Lease e Ve ff which the e-1s to
the ...aura.. rya�.vrassignment
aeeur- (fer this purpese, the "Gress Sa4es Base" shed4 be redueed in the same pr-eper-tion that the nuffiber-
ys in 'he
of da sueh elap! peftien of the Lease Year- bears to three hundred si3Ety f4ve f36511
eamigiatRtion of any Pereentage Rent payable to bandlaFd for the ianelapsed partion of that
shall be based en a "Gress Setles BEtse" r-ediieed in the saffie f3r-eper-tien that the niamber- ef days in sueh
elapsed pe,.tion of the 7 e e Year he.,. to rh.-ee hundred ...-Ety five, (365)
Notwithstanding anything contained in this Lease to the contrary, in the event Landlord
approves a Transfer with respect to a sublease or license of all or any portion of the Leased Premises: (i)
Tenant shall be required to derive substantially all of its income with respect to the Leased Premises from
subleasing or licensing substantially all of the Leased Premises, and the subrent or other amounts
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I
received or accrued by Tenant from subleasing or licensing the Leased Premises is not based on the
income or profits of any person, excluding for this purpose subrent or other amounts based on a fixed
percentage or percentages of gross receipt or gross sales of any person, and (ii) Tenant shall not assign,
convey, sell,pledge, mortgage, hypothecate or otherwise encumber, transfer or dispose of all or any part
of this Lease or Tenant's leasehold estate hereunder with any person, or in any manner, which could
cause any portion of the amounts received by Landlord pursuant to this Lease to fail to qualify as "rents
from real property" within the meaning of section 856(d) of the Internal Revenue Code of 1986, as
amended (the "Code"), or any similar or successor provision thereto or which would cause any other
income of Landlord to fail to qualify as income described in section 856(c)(2) of the Code.
19. Surrender and Holding Over.
(A) At the expiration or sooner termination of the tenancy hereby created, Tenant shall
surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of
possession thereof to Tenant, reasonable wear and tear excepted, and damage by unavoidable casualty
excepted to the extent that the same is covered by Landlord's Property insurance policy, and Tenant shall
surrender all keys for the Leased Premises to Landlord and shall inform Landlord of all combinations on
locks,safes and vaults, if any, in the Leased Premises. Prior to the expiration or sooner termination of
this Lease, Tenant shall remove any and all trade fixtures, equipment and other unattached items which
Tenant may have installed, stored or left in the Leased Premises or elsewhere in the Shopping Center, and
Tenant shall not remove any plumbing or electrical fixtures or equipment, heating or air conditioning
equipment, floor -coverings (including but not limited to wall-to-wall carpeting), walls or ceilings, all of
which shall be deemed to constitute a part of the freehold and/or leasehold interest of Landlord, nor shall
Tenant remove any fixtures or machinery that were furnished or paid for by Landlord (whether initially
installed or replaced). The Leased-Premises shall be left in a broom-clean condition. If Tenant shall fail to
remove its trade fixtures or other property as provided in this Article 19, such fixtures and other property
not removed by Tenant shall be deemed abandoned by Tenant and at the option of Landlord shall become
the property of Landlord, or at Landlord's option may be removed by Landlord at Tenant's expense, or
placed in storage at Tenant's expense, or sold or otherwise disposed of, in which event the proceeds of
such sale or other disposition shall belong to Landlord. In the event Tenant does not make any repairs as
required by this Article 19(A), Tenant shall be liable for and agrees to pay Landlord's costs and expenses
in making such repairs. Tenant's obligations and covenants under this Article 19(A) shall survive the
expiration or termination of this Lease.
(B) If Tenant or anyone claiming under Tenant remains in possession of the Leased
Premises after the expiration of the Lease Term, that person shall be a tenant at sufferance; and during
such holding over, Base Rent shall be twice the rate which was in effect immediately prior to the Lease
Term expiration, 'which Landlord may collect without admission that Tenant's estate is more than a
tenancy at sufferance, and all the other provisions of this Lease shall apply insofar as the same are
applicable to a tenancy at sufferance.
20. No Waivers by Landlord. No waiver by Landlord of any breach by Tenant or requirement of
obtaining Landlord's consent shall be deemed a waiver of any other provision of this Lease or any
subsequent breach of the same provision or a waiver of any necessity for further consent. No payment by
Tenant or acceptance by Landlord of a lesser amount than due from Tenant shall be deemed to be
anything but payment on account, and Tenant's payment of a lesser amount with a statement that the
lesser amount is payment in full shall not be deemed an accord and satisfaction. Landlord may accept
the payment without prejudice to recover the balance due or pursue any other remedy. Landlord may
accept payments even after default by Tenant without prejudice to subsequent or concurrent rights or
remedies available to Landlord under this Lease, at law or in equity. Any acceptance by Landlord of any
payment by Tenant after termination or expiration of the Lease Term shall not constitute an acceptance of
Rent but rather a payment to Landlord on account of Tenant's use and occupancy of the Leased
Premises. All rights and remedies which Landlord may have under this Lease, at law or in equity shall be
distinct, separate'and cumulative and shall not be deemed inconsistent with each other, and any or all of
such rights and remedies may be exercised at the same time.
21. Rules and Regulations. Tenant shall observe and comply with, and cause its employees,
agents, subtenants and concessionaires, and their employees and agents, to observe and comply with all
reasonable rules and regulations promulgated by Landlord by notice to Tenant; and such rules and
regulations shall have the same force and effect as if originally contained in this Lease.
22. Failure of Performance by Tenant. If Tenant shall default under this Lease, Landlord may,
at its election, immediately or at any time thereafter, without waiving any claim for breach of agreement,
and without notice to Tenant, cure such default or defaults for the account of Tenant, and the cost to
Landlord thereof plus interest at the Default Interest Rate shall be deemed to be additional Rent and
payable on demand. Tenant shall pay all reasonable attorneys' fees, costs and expenses incurred by
Landlord in enforcing the provisions of this Lease, suing to collect Rent or to recover possession of the
Leased Premises, whether the lawsuit or other action was commenced by Landlord or by Tenant.
23. Limitations on Landlord's Liability.
(A) "Tenant" includes the persons named expressly as Tenant and its transferees,
successors and assigns. Except as otherwise provided in the next sentence, the agreements and
conditions contained in this Lease shall be binding on and inure to the benefit of the parties hereto and
their transferees, legal representatives, successors and assigns. "Landlord" means only the then-owner of
the lessor's interest in this Lease, and in the event of a transfer by Landlord of its interest in this Lease,
the transferor shall be automatically released from all liability and obligations as Landlord subsequent to
the transfer.
(B) Notwithstanding anything to the contrary, Tenant agrees it will look solely to
Landlord's estate in the Shopping Center as the sole asset for collection of any claim, judgment or
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damages or enforcement of any other judicial process requiring payment of money. Tenant agrees that no
other assets of Landlord shall be subject to levy, execution or other procedures to satisfy Tenant's rights
or remedies.
24. Miscellaneous Provisions.
(A) This Lease contains the entire agreement between the parties. No oral statements or
representations or written matter not contained in this Lease shall have any force or effect. This Lease
cannot be modified or terminated orally, but only by a writing signed by Landlord and Tenant, except for
a termination expressly permitted by this Lease. If more than one party executes this Lease as "Tenant",
the liability of all such signatories shall be joint and several.- Neither this Lease nor any memorandum,
assignment or memorandum of assignment thereof shall be recorded in any public records without
Landlord's prior written consent. Any obligation of any person shall be performed at its sole cost and
expense unless a contrary intent is expressly stated herein. Each provision of this Lease shall be valid
and enforced to the fullest extent permitted by law. However, if any provision or the application thereof to
any person or circumstance shall to any extent be declared by a court to be invalid, the remainder of this
Lease shall not be affected. If Tenant is not an individual, the person signing this document on behalf of
Tenant represents (by such signature) that he or she has been duly authorized by Tenant to execute this
document and that such signature creates a binding obligation of Tenant.
(B) The term "Default Interest Rate" as used in this Lease shall mean Fifteen (15%)
Percent per annum or the maximum interest rate permitted by law,whichever is lower.
(C) -Notwithstanding any other provision in this Lease, Landlord in its absolute discretion
shall have the option at any time to relocate Tenant from the Leased Premises (the "Present Premises")
into.other premises in the Shopping Center (the "New Premises"). Landlord shall give Tenant at least
forty-five (45) days notice of the approximate date Tenant is to move to the New Premises. Landlord shall
prepare the New Premises to the same extent that Landlord prepared the Present Premises. The New
Premises will have at least the same amount of square foot area as the Present Premises. Landlord shall
pay for moving Tenant's inventory, fixtures, equipment and storefront sign to the New Premises. Tenant
shall cooperate with Landlord. Tenant will move its business operations to the New Premises within
forty-eight (48) hours after Landlord notifies Tenant that it has substantially completed its preparation of
the New Premises. The New Premises will become the Leased Premises_(instead of the Present Premises)
and the Rent (including all of Tenant's other monetary obligations to Landlord under the Lease) and all
the other terms and provisions of this Lease shall be transferred to and continue to apply, without
interruption, to the New Premises from and after the date Tenant is required to move pursuant to this
Article. If Landlord requires Tenant to relocate pursuant to this Article, then in addition to the work
described above, Landlord also shall 1) prepare Tenant's walls and floors in a manner similar to how the
walls and floors of the Present Premises are finished as of the date Landlord advises Tenant that it will be
required to relocate; (2) not only move Tenant's trade fixtures, canopy sign, inventory, and equipment but
also install these*items in the New Premises, and (3) reimburse Tenant up to $10,000.00 for reasonable
and actual movinf4 costs incurred by Tenant in connection with the relocation, such reimbursement to be
made upon Landlord's receipt of paid invoices for such costs.
(D) The submission of this Lease to Tenant for review or Tenant's signature does not
constitute a reservation of, or option for, the Leased Premises or a representation that the business terms
have been approved by executive officers of Landlord or Landlord's Board of Directors. This Lease shall
become effective as a lease or agreement only upon mutual execution and delivery. A lease which is not
fully executed and delivered cannot be enforced in any manner and cannot give rise to any rights or
remedies.
(E) The provisions of this.Lease shall be construed, in all respects, without reference to
any rule or canon requiring or permitting the construction of provisions of documents against the interest
of the party responsible for the drafting of the same, it being the intention and agreement of the parties
that this Lease be conclusively deemed to be, the joint product of both parties and their counsel.
Furthermore, the: parties agree that this Lease may be executed with revision markings (so-called
"blacklining") appearing in the execution copy (i.e., deleted text is overstricken and newly-inserted text is
underscored or in boldface); such "blacklining" shall not be accorded any significance or taken into
` account in any way; this Lease shall be construed for all purposes as if all overstricken text were deleted
I and never included in this Lease and all bold or underscored text were not bold or underscored.
(F) Quiet Enjoyment. Landlord covenants that, upon Tenant's payment of the Rent
required hereunder and its performance of all of the terms and conditions of the Lease, Tenant's peaceful
and quiet enjoyment of the Leased Premises shall not be disturbed by Landlord or anyone properly
claiming by, through or under Landlord. Notwithstanding the foregoing, this provision is subject to all
mortgages, encumbrances, easements and underlying leases to which this Lease may be or become
subordinate.
(G) OFAC. Tenant represents and warrants to Landlord that neither Tenant nor any
affiliate or representative of Tenant, nor any Person directly or indirectly holding any legal or beneficial
interest whatsoever in Tenant (collectively"Tenant Parties") is, or at anytime during the term of this Lease
shall be: (i) a Person with whom a United States Person or financial institution established under the laws
of the United States is prohibited from transacting business of the type contemplated by this Lease,
whether such prohibition arises under U.S. law, regulation, executive order (including without limitation,
executive orders and lists published by the United States Office of Foreign Asset Control with respect to
"Specially Designated Nationals and Blocked Persons") or otherwise, (ii) included in, owned by, controlled
by, acting for or on behalf of, providing assistance, support, sponsorship, or services of any kind to, or
otherwise associated with any of the persons or entities referred to or described in Executive Order 13224
- Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or
Support Terrorism, as amended, (iii) in violation of any provisions of the USA Patriot Act; Pub'. L. No. 107-
56. For purposes of this paragraph "Person" means any individual, partnership, corporation, limited
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09/14/201 t I S FORM 495
liability company, trust or other entity, and "United States Person" means a person that is a citizen or
resident of the United States, a corporation, partnership, limited liability company, or other entity created
or organized in or under the laws of the United States or any political subdivision thereof, or an estate or
trust the income of which is subject to United States federal income taxation regardless of its source.
Notwithstanding, if Tenant is a publicly traded entity, this paragraph shall not apply to Tenant Parties to
the extent that such Person's interest in the Tenant is through a U.S. Publicly-Traded or Pension Entity.
"U.S. Publicly-Traded or Pension Entity" means either (A) a Person (other than an individual) whose
securities are listed on a national securities exchange, or quoted on an automated quotation system, in
the United States, or a wholly-owned subsidiary of such a Person, or (B) an "employee pension benefit
plan" or "pension plan" as defined in Section 3(2) of ERISA. Tenant covenants and agrees to deliver to
Landlord any certification or other evidence requested from time to time by Landlord, in its sole
discretion, confirming Tenant's compliance with the provisions of this Section. In addition, Tenant hereby
authorizes Landlord and any of its affiliates to submit and/or release any and all information it may deem
appropriate to determine whether Tenant complies with this paragraph throughout the Lease Term. In
the event any of.the representations in this paragraph are determined to be false now or at any time
during the Lease Term, Tenant shall be deemed to have committed an incurable default, entitling
Landlord, in addition to all other remedies at law or in equity, to immediately terminate this Lease on
written notice to Tenant.
25. Unavoidable Delays. Where either party hereto is required to do any act but is untimely in
completing the act, the time attributable directly to delays caused by an Act of God, hurricane, tornado,
rain, snow, cold or other weather, war, civil commotion, fire or other casualty, labor difficulties, or
shortages of labor, materials or equipment, government regulations or other causes beyond such party's
reasonable control shall not be counted in determining the time during which such act is to be completed.
In any case where work is to be paid for out of insurance proceeds or condemnation awards, due
allowance shall be made for delays in the collection of such proceeds and awards. The provisions of this
Article shall not be applicable at all to excuse or permit delay of the time for Tenant to pay Rent or other
money or to obtain and maintain insurance policies. If Landlord is unable to deliver the Leased Premises
by the end of one (1) year after Landlord's execution of this Lease, then either party may terminate this
Lease by giving thirty(30) days written notice to the other at any time thereafter and prior to tender.
26. Sole Broker. Tenant represents that no broker, finder, or other person entitled to
compensation (other than the Broker identified in Article .1) was involved in this Lease, and that no
conversations or prior negotiations were had with any broker, finder or other possible claimant other than
the Broker concerning the renting of the Leased Premises. Tenant shall defend, indemnify and hold
Landlord harmless against any claims for compensation (including legal fees incurred by Landlord)
arising out of any conversations or negotiations had by Tenant with anyone other than the Broker.
27. Estoppel Certificates. From time to time, within ten (10) days following written notice,
Tenant shall deliver to Landlord a signed and acknowledged written statement certifying: the date of this
Lease and that this Lease is in full force and effect and unmodified except as stated; the monthly Base
Rent payable during the Lease Term and the Pereentage Derr o ; the date to which the Rent and other
payments have been paid; whether Landlord is in default, or if there are any offsets, defenses, or
counterclaims claimed by Tenant, and if a default, offset, defense, or counterclaim is claimed, specifying
the specific nature and default; and stating any additional matters requested by Landlord or a mortgagee.
28. Shopping Center Changes. Neither Exhibit A nor this Lease is a warranty by Landlord that
the Shopping Center will remain as shown. Landlord may relocate, increase, reduce or otherwise change
the number, dimensions, or locations of the parking areas, drives, exits, entrances, walks and other
Common Areas or buildings. If Landlord desires to modernize the facade of the Shopping Center, Tenant
shall,upon request of Landlord,install a new exterior sign and improve its storefront, following the design
of Landlord's architect. Landlord reserves the right to use portions of the Common Area for construction-
related activities and to erect temporary scaffolding in front of the Leased.Premises. Tenant waives any
claim for rent abatement, loss of business or damages arising out of any reasonable and temporary
inconvenience allegedly experienced by Tenant during the course of any alteration, improvement or
modernization, or during any repair activities in which Landlord is engaged:
29. Notices. All notices intended to impose liability on the other party or exercise a right
("Notice") shall be in writing and sent by certified or registered mail, return receipt requested, or delivered
by a nationally recognized overnight courier (such as Federal Express or UPS) and in order to be effective
a copy of any notice of Landlord's default must be sent by Tenant to the holders of any mortgages, ground
leases or security interests as per Article 16(C). Notices shall be sent to the address set forth in Article 1
or to such other:address as may be designated by notice. Notices shall be effective the day after the
notice was sent, or if by courier delivery, the day delivered. The purported giving of notice or exercise by
Tenant of any right, option or privilege by any means other than written notice given in strict compliance
with this Article shall be null, void and of no force or effect, even if any such other means of
communication succeeds in conveying actual notice. If courier delivery is refused or not able to be made,
the day delivery was first attempted shall be deemed the delivery date.
(END OF RIDER A)
SEE RIDER B ATTACHED HERETO AND HEREBY MADE A PART OF THIS LEASE.
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09/14/2011 16 FORM 495
RIDER B
30. Notwithstanding anything provided herein; if there is any discrepancy between Rider "A"
and Rider"B", Rider "B" shall prevail.
31. Sign Criteria - Reference to Article LOUD). (A) Tenant must obtain Landlord's written
approval of its sign design drawings prior to the fabrication and installation of Tenant's sign.
The drawings must include the dimensions, color, style and types of materials to be used. The
sign shall be placed in the designated area in such a manner that it does not extend above the
parapet or facade and does not exceed 2/3 of Tenant's storefront. The plans and permits for,
and the installation of, Tenant's sign shall all be at Tenant's sole cost and expense. The sign
shall be governed by all applicable provisions of this Lease, including, but not limited to,
Tenant's duty to repair and insure the sign. The sign shall be subject to all governmental
authorities' codes and restrictions.
(B) Upon the expiration or sooner termination of this Lease, Tenant shall remove its sign
and restore the sign band/fascia to its original condition.
(C) Pylon Sign. Provided Tenant obtains all necessary government permits and
approvals, as well as Landlord's written approval of its sign design drawings, Tenant shall be
entitled, at Tenant's sole cost and expense, to install an identification panel on the pylon sign in
front of the Shopping Center in a position to be designated by Landlord. Landlord shall have the
right to relocate.Tenant's panel to other positions on the pylon sign from time to time. Tenant
shall be required to: (i) perform all maintenance and repairs to its panel during the Lease Term
00 pay its pro-rata share of all costs and expenses incurred by Landlord in operating,
maintaining, repairing, and lighting the pylon sign, and (iii) remove its panel from the pylon at the
end of the Lease Term or earlier termination of the Lease. In the event Tenant fails to install a
Landlord approved panel within three (3) months after the Rent Commencement Date then
Tenant shall be deemed to have waived its rights to install a panel on the pylon sign.
32. Utility Deregulation.
(A) Landlord Controls Selection. Landlord and Tenant acknowledge that utility
deregulation may allow Landlord to change electric service providers in the future. Landlord
shall have the right at any time and from time to time during the Lease Term to either (i)
continue to contract for service from the present electric utility company (the "Electric Service
Provider'), or (ii) contract for services from a different company or companies providing
electricity service, whether through a solar energy provider ("Solar Provider") or otherwise (each
such company shall hereinafter be referred to as an "Alternate Service Provider"). In the event
that the entire Shopping Center is required to be serviced by the Alternate Service Provider,
Tenant agrees to contract for service from the Alternate Service Provider. If Landlord elects to
provide solar generated electricity ("Solar Energy") at the Shopping Center, Landlord reserves
the right to cause the Solar Provider to sell to Tenant Solar Energy produced from the solar
system, and Tenant will purchase from the•Solar Provider up to 100% of Tenant's energy
requirements, as and when the same is produced, at the energy price in effect at the time of
delivery; provided that in no event shall the price for Solar Energy exceed the total cost of
comparable electricity service that otherwise would have been purchased from the Electric
Service Provider, and Solar Provider shall have no obligation to meet the full energy
requirements of Tenant, including the provision of any capacity, and Tenant will have no
requirement to purchase more than 100% of Tenant's energy requirements from Solar Provider.
Upon request by Landlord, Tenant shall execute such reasonable documentation to reflect the
foregoing. '
(B) Tenant Shall Give Landlord Access. Tenant shall cooperate with Landlord, the
Electric Service Provider, and any Alternate Service Provider, at all times as reasonably
necessary, and allow the foregoing to have reasonable access to any and all electric lines,
feeders, risers, wiring, and any other machinery within the Leased Premises.
(C) Landlord Not Responsible for Interruption of Service. Landlord shall not be liable or
responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any
change, failure, interference, disruption, or defect in the supply or character of the electric
energy furnished to the Leased Premises, or if the quantity or character of the electric energy
supplied by the Electric Service Provider or any Alternate Service Provider is no longer available
or suitable for Tenant's requirements, and no such change, failure, defect, unavailability, or
unsuitability she constitute ,an actual or constructive eviction, in whole or in part, or entitle
Tenant to any abatement or diminution. of rent, or relieve Tenant from any of its obligations
under the Lease.
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09/14/2011 FORM 495
t '
33. PLANS AND SPECIFICATIONS.
(A) Within'thirty (30) days after the date Landlord executes this Lease, Tenant shall
submit to Landlord, for Landlord's written approval the following items (hereinafter collectively
referred to as "Required Items"):
1. Complete detailed drawings and specifications in sufficient detail for Tenant to
obtain all necessary building permits (hereinafter collectively referred to as "Plans") for all
the work to be done by 'Tenant to the Leased Premises. Each of Tenant's Plans
submissions shall include two sets of full-size construction drawings and specifications, as
well as one set of computerized construction drawings saved on a CD ROM in .DWG or
.DXF file format.
2. A contractor's "Payment and Performance Bond" in favor of Landlord as obligee, in
form approved by Landlord, issued by a surety company satisfactory to Landlord,
guaranteeing completion of Tenant's work in accordance with the Plans free of liens and
security agreements.
3. A comprehensive general liability insurance policy from Tenant's contractor's
insurer (with a rating of not less than A-8) naming Landlord, Landlord's lender (if any), and
Kimco Realty Corporation as additional insureds for at least $3,000,000 combined single
limit for bodily injury and property damage and contractor's Workers' Compensation and
Occupational Disease insurance with statutory limits and employer's liability with a limit of
at least$1,000,000.
4. The general contractor's written indemnity agreement in the form attached hereto
as Exhibit "B-1" that the contractor shall indemnify, defend, save and hold harmless
Landlord, its mortgagee, agents, employees and assigns, from all liabilities, claims, losses,
liens, damages and suits of whatsoever nature for personal injury, death or property
damage alleged to arise out of the work performed under the contract, whether by
contracto(or by any subcontractor, and whether asserted against Landlord or contractor.
(B) ' Landlord shall inform Tenant of any objections to the Required Items within
thirty (30) days after receipt of all such items. If Tenant fails to deliver any of the Required Items
timely, then Landlord shall have the right to terminate this Lease and retain the Tenant's entire
security deposit as liquidated damages. Furthermore, Landlord shall have no obligation to
review Tenant's Plans unless and until Landlord is in receipt of all Required Items. Tenant,
within fifteen (15) days of receiving Landlord's objections to the Required Items, shall deliver to
Landlord corrected Required Items, which Landlord shall accept or reject within the next fifteen
(15) days.
(C) Tenant must obtain Landlords written approval of all Required Items prior to
commencing any of its work at the Leased Premises. Landlord's approval of Tenant's Plans
shall not constitute an affirmation by Landlord that they conform to law or impose any liability on
Landlord. Upon Landlord's approval of the Required Items Tenant shall immediately apply for
all permits necessary for its work. After the permits are issued and Landlord has completed the
work, if any, that it has specifically agreed in this Lease to do, Tenant shall promptly commence
h and complete Tenant's work in conformity with the Plans, building department requirements and
all relevant laws and regulations.
(D) Tenant shall comply with all legal requirements during its work and, when
completed, Tenant's work must comply with all laws, ordinances, regulations or orders of public
authority, and with the requirements of the appropriate Fire Insurance Rating Organization and
Landlord's insurance company. Prior to opening for business, Tenant shall obtain and deliver to
Landlord: (a) Tenant's affidavit that all work, labor and materials have been paid for, (b) final lien
waivers, as well as paid invoices or statements, from all contractors and subcontractors who
performed work at the Leased Premises and all materialmen and suppliers who provided
materials and/or equipment used in connection with Tenant's work at the Leased Premises, and
(c) a copy of the certificate of occupancy (or its local equivalent) for the Leased Premises. If a
temporary Certificate of Occupancy is issued, Tenant shall deliver a copy of that document to
Landlord and then, upon issuance of a permanent Certificate of Occupancy, immediately
forward a copy of it to Landlord.
(E) If Landlord or its representative inspects the Leased'Premises and determines
that Tenant's work is not being done in accordance with the approved Plans, Tenant shall
correct any deficiencies or omissions immediately.
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09/14/2011 1 g FORM 495
(F) Tenant shall not permit any mechanic's or other lien to be filed either against the
Leased Premises or the Shopping Center or Tenant's leasehold interest by reason of work,
labor, services or materials supplied. If any lien is filed, Tenant shall, within ten (10) days after
notice of the filing, cause it to be discharged of record, failing which Landlord, in addition to any
other right or remedy, may (but shall not be obligated to) discharge such lien by deposit,
bonding proceedings or by payment of the claimed amount for Tenant's account. Any amounts
so paid, together with interest at the Default Interest Rate from the date of payment, shall be
paid by Tenant to Landlord on demand as additional Rent. Nothing herein shall be construed as
the consent or request of Landlord to any contractor, subcontractor, laborer or materialman to
perform work or furnish materials. Furthermore, nothing herein shall give Tenant the authority
to contract for or permit the rendering of any service or furnishing of any material that could give
rise to the filing of any lien.
(G) Tenant shall require its contractor to furnish to both Tenant and Landlord on
completion of the work a guaranty, for a period of one (1) year from final completion of all work,
that all work and materials will be free from all defects and that all apparatus (e.g.,
air-conditioning equipment) will develop capacities and characteristics specified in the approved
Plans upon use, and that whenever within one (1) year of the final acceptance of the work,
contractor is notified in writing by either Landlord or Tenant that any equipment, material or
workmanship is defective or in some way does not meet specifications, contractor shall
immediately replace, repair or otherwise correct the defect or deficiency without cost to
Landlord. Additionally, the following items shall be guaranteed for periods in excess of the one
(1) year: Motor Compressor Units - five (5) years; Exterior Walls - two (2) years (guaranteed
against air and moisture leakage); Roofing -two (2) years.
(H) In the event Tenant's work involves the construction of a demising wall, Tenant
shall physically indicate the proposed location of the demising wall on the floor of the Leased
Premises, notify. Landlord's architect that the location has been marked and that construction of
the wall is about to begin, and give Landlord's architect a reasonable opportunity to come to the
Leased Premises and inspect the proposed placement of the wall.
(1) For any Tenant work that involves penetration of the roof surface, Tenant shall
employ Landlord's roofing contractor, thereby ensuring that the roofing bond and/or warranty will
remain in full force and effect. The maintenance of Tenant's roof work will be the sole
responsibility of Tenant and shall include the repair of adjoining areas that might have been
affected due to water penetration through Tenant's roof work.
(J) In the event Tenant must obtain a zoning variance, waiver or other change in
order to use the Leased Premises for the purposes described in Article 1(M), or for any work
Tenant desires to perform at the Leased Premises, Tenant shall first obtain Landlord's written
approval, not be unreasonably withheld or delayed, prior to seeking such a change. If Landlord's
consent is given, Landlord agrees to cooperate with Tenant in such application and Tenant
agrees to: (i) keep Landlord advised of all developments as they occur, (ii) provide Landlord with
an opportunity to review all documents before they are filed, and (iii) give Landlord a reasonable
amount of notice before any hearings are held so that Landlord's representative shall have an
opportunity to attend. Tenant shall not be permitted to enter into any agreements that affect the
use, access, or condition of the Shopping Center without first obtaining Landlord's written
consent, and any attempt to do so shall constitute a default under the Lease.
34. Option to Extend Lease. (A) Provided Tenant is not in default under any provision of the
Lease and has faithfully performed the terms or conditions of the Lease and Tenant is in actual
physical possession of all of the Leased Premises (and operating and open for business as
contemplated by this Lease, in all of the Leased Premises), Tenant shall have the right to
extend the term. of this Lease as set forth in Article 1 (the "Original Term") for one additional
period of five (5) years (the "Additional Term") commencing upon the expiration of the Original
Term, provided that Tenant shall give Landlord written notice of such election at least one (1)
year prior to the expiration of the Original Term. TIME IS OF THE ESSENCE WITH RESPECT
TO THIS ARTICLE. Such notice of election to extend the term of the Lease shall be
irrevocable. Except as expressly otherwise provided herein, the Additional Term shall be upon
all of the terms and conditions of the Lease except that any articles which were intended to be
one time, initial provisions or concessions (such as free Rent, Landlord Work, or a Tenant
improvement allowance) shall be deemed to have been satisfied and shall not apply to the
Additional Term. Also, there is no option to further extend the Term of the Lease beyond the
expiration date of the Additional Term. The renewal option set forth in this Article is exclusively
for the benefit of King's Buffet Inc. and shall not be available to any successor, assignee,
subtenant or transferee of King's Buffet Inc. In the event of any assignment, subletting, or other
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09/14/2011 19 FORM 495
transfer of King's Buffet Inc.'s interest in this Lease or the Leased Premises,this Article shall be
deemed deleted from the Lease.
y (B) Option Base Rent. In the event Tenant exercises its option to extend the Term `
of the Lease as provided above,the annual Base Rent during each Lease Year of the Additional'
Term shall be as set forth in Article,1(H)(i). 4
35 Fire Extinguisher. Tenant shall install (and maintain and replace as necessary) a fire
extinguishing system and grease filters within the hood and duct of the cooking facility which
satisfies the requirements now and hereafter established by municipal codes and Landlord's
property insurer and to provide Landlord with a certificate evidencing that this system has been
installed. Tenant acknowledges that grease can damage the roof. Therefore, Tenant agrees to
regularly clean and maintain the cooking exhaust system and ductwork(consistent with industry
standards and manufacturers recommendations),in order.to avoid offensive odors and to
prevent damage to the roof. Additionally, Tenant shall`install (and maintain.and replace as
" necessary) any'additional equipment necessary to protect Landlord's roof system from grease
.(e.g.,a sand pan). „
36. Grease Traps. Tenant shall install (and maintain and replace as necessary) grease traps
immediately outside the Leased Premises connecting all lines from the Leased Premises-to the
main sanitary branch. The grease traps shall be installed'in compliance'with all local laws and
regulations. Any upgrading to the sanitary or sewer lines necessitated by the installation of the
grease traps shall be performed at Tenant's expense.- Tenant shall restore any.parking or
landscape area disturbed in connection with the installation of these traps to a condition equal to
that existing prior to the work..
}'^ 37: Odor. Tenant acknowledges thatArticle 9(C) of the Lease prevents-the use of the Leased t
Premises in a manner that shall be offensive and that unless properly conducted, the operation A
of a restaurant can cause odors in and about the premises. Tenant agrees that it shall install,
and properly maintain in good working order throughout the Lease Term, such ventilation and
other equipment as required by municipal codes and as may be necessary,to relieve the Leased
Premises and the adjoining and surrounding premises-of any odors,caused by Tenant's e
business operation, which_ may include special vents to create negative pressure; and failure to
do same shall constitute a default under the Lease. Tenant shall defend,indemnify and hold
Landlord harmless of and from any loss, cost or expense arising out of odor or other conditions in the Leased Premises. Tenant agrees to exercise special care in its handling of garbage,
'> waste, and refuse and will remove such materials from the Shopping Center as frequently as is
necessary:in order to eliminate all odors.
38. Pests. Tenant acknowledges that Article 9(C) of the Leaserequires-Tenant to keep the
Leased Premises free of rodents, vermin,-insects and oiher pests and that, unless'properly
conducted; the presence of food can attract such pests. Tenant agrees that it will properly store
its products, regularly clean and exterminate the Leased Premises, and take all measures
necessary.to,,prevent rodents, vermin, insects.and other.pests.from entering the Leased
Premises or the Shopping Center. Tenant further agrees that, in the.event any such pests are
discovered in or about the Leased Premises, Tenant will-immediately take all necessary and
appropriate measures to relieve the Shopping Center''of such pests. Tenant agrees to exercise
special care in its handling of garbage, waste, and refuse and will remove such materials from
the Shopping Center`as frequently as is necessary in order to prevent pests from entering the-
Leased Premises or the Shopping Center:
39. Plumbing and Electric., Notwithstanding anything contained in the Lease to the contrary,in
the event 1)the plumbing or electric system(s) servicing the Leased Premises fails to operate
during the ten (10) days following the date Landlord tenders the Leased Premises to Tenant;
2)the failure is not due to an act or omission of Tenant or its agents,employees or contractors;
8._ Viand 3)Landlord receives written notice from Tenant within three(3)days of the failure, Landlord „
shall restore the system(s) to operating condition. After the ten (10).day period, Tenant shall
have full responsibility with respect to these systems.
40: New HVAC. Within tt,4Tli--(39)siXtV' days,after'the Lease Commencement Date;.
..provided Tenant: (i) activates utility services for the Leased Premises and transfers the utility
accounts for the Leased Premises to its name, and (ii)sends written notice to Landlord.thereof,
Landlord shall furnish and install three,(3),ro6f-top heating,ventilation, and,air conditioning units
!one half(32.5)tons iw�the aggregrr�,. '
END OF RIDER
09P27J2011 . ,.20 av
FORM 495
r
r_
r -
EXHIBIT."ll"
Authorization Agreement for Direct Debit
CHASE
A UTHORIZATION AGREEMENT FOR DIRECT DEBIT '
COMPANY NAME COMPANY ID NUMBER ,
t' I (We) authorize above named company to initiate debit entries to my(our)account with.the depository
named below. If the company erroneously debited.funds from my(our)account I(we)authorize the company to
initiate the necessary credit entries not to exceed the total of the original amount debited"for the entry in question.
_ f)EPOSI"fORY NAME-(FIN.4NCIA1. - BANK SAVINGS&LOAN - CITY ", S'tATE- ZIP .•
INSTI"I UTiON)
�^ -.TRANSIT/ABA NUMBER CHECKING -S7MTIq ACCOUNT"NUM/ER `
ACCOUNT :aC6Al�J
o
This authorization will remain in effect unfit the company has received written notification from me(or
` either of us)at the address listed below/above that is to be terminated in such time"and manner for the company to `
act on it.
I (or either of us)'have the right to+stop payment of a debit entry by notification to my Depository 3 '
business days before my account is charged. After account has been charged,I have the right to have the amount of
4 v an"erroneous debit immediately credited to my account by depository,provided I(we)'send written notice of such
debit entryin error to depository within fifteen days following'issuance of the account.siatement or 60 days after ;
P
' posting whichever occurs first.
i.NAMF..(S).
ADDRESS CITY STATE ZIP TELEPHONE .:
CODE
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.SIGNA-rURE DATE
IMPORTANT NOTICE: The Landlord will notify you when it.will begin the rent payment
debits. Until you receive notice from the Landlord advising"you of the date that monthly
,. -Rent debit will begin, .you should send'checks payable to the Landlord for the monthly '
rent..The rent checks should be mailed to the Landlord's notice address in the Lease.
PLEASE COMPLETE AND RETURN THIS FORM WITH SIGNED LEASE:
` STAPLE VOIDED.CHECK HERE
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_ EXMIDIT A _
This site plan is intended to be an approximate depiction of the shopping Center. No
renresentatron or warranty is made with respect to the actual location,number or configuration
or buildings,Curb Cuts;Abutting Thoroughfares, Parking Areas,Traffic Patterns,or of the
Tenants intended to be within the 5hoppmg Center. The Landlord specifically reserves the
no to change the content and configuration of the 5hoppmg Center from time to.time and at
any time the Landlord desires in its sole and absolute discretion,or as is required to conform
to local Governing Agencies.
The leased premises shall be the area identified below.
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� Rcu e9 32 Road
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