PARKING LOT LEASE
The Landlord and the Tenant agree to lease the Rental Space for the Term and at the Rent stated as follows: (The words Landlord and Tenant include all tenants under this lease.)
Landlord: CM Boulevard Associates, L.P.
Address: 47-05 Metropolitan Avenue
Flushing, New York 11385
Tenant: WESTERN BEEF, MERRICK BLVD, Inc.
Address: 130-35 Merrick Blvd
Spring Gardens, New York
Rental Space: Approximately 22,760 square feet of vacant ground space constituting the entire property known as 0 Merrick Blvd, Springfield Gardens, New York, the property being more particularly described on the Queens County Assessor's Records as Section 54 Block 12696 Lot 63 Volume 2.
Date of Lease: February 6, 1990
Term: 20 years, ending June 30, 2015
Rent: The Rent is payable in advance at the Offices of Landlord beginning July 1, 1990 and thereafter on the first day of each and every month in accordance with the "Schedule of Rents" annexed hereto and made a part hereof.
Insurance: A. Liability - Minimum $1,000.00 - $500,000 (See P. 6A)
B. Property/Rental - Minimum (See P. 6B)
Use of Rental Space - as and for the operation of a Parking Lot in conjunction with Tenant's Supermarket operation at 130-135 Merrick Boulevard, Springfield Gardens, New York and for no other purpose.
1. Possession and Use
Landlord shall give possession of the Rental Space to Tenant for the Term.
Tenant shall take possession of and use the Rental Space for the purpose
stated above. Tenant may not use the Rental Space for any other purpose
without the written consent of the Landlord.
Tenant shall not allow the Rental Space to be used for any unlawful or
hazardous purpose. Tenant is satisfied that the Rental Space is zoned for
the Use stated. Tenant shall obtain and maintain any necessary certificate
of occupancy or other certificate permitting Tenant to use the Rental
Tenant shall not use the Rental Space in any manner that results in (1) an
increase in the rate of fire or liability insurance or (2) cancellation of
any fire or liability insurance policy on the Rental Space. Tenant shall
comply with all requirements of the insurance companies insuring the
Rental Space. Tenant shall not abandon the Rental Space during the Term of
this Lease or permit it to become vacant for more than sixty (60)
2. Delay in Giving of Possession
[This section has been intentionally deleted.]
3. No Assignment or Subletting
Tenant may not do any of the following without the Landlord's prior
written consent: (a) assign this Lease (if Tenant is a corporation, the
sale of a majority of its shares shall be treated as an assignment), (b)
sublet all or any part of the Rental Space or (c) permit any other person
or business to use the Rental Space.
4. Rent and Additional Rent
[This section has been intentionally deleted.]
[This section has been intentionally deleted.]
Tenant shall obtain, pay for, and keep in effect for the benefit of Landlord and Tenant, public liability insurance on the Rental Space. The insurance company and the broker must be acceptable to Landlord. This coverage must be in at least the minimum amounts stated above and shall include Landlord as a direct insured party.
Tenant shall deliver the original policy to the Landlord with proof of payment of the first year's premiums. This shall be done not less than 15 days before the Beginning of the Term. Tenant shall deliver a renewal policy to the Landlord with proof of payment not less than 20 days before the expiration date of each policy.
Tenant shall throughout the term of this lease, for the benefit of both Landlord and Tenant as named insureds, maintain insurance against loss or damage by fire, and such other risks and hazards as are insurable under present and future standard forms of fire and extended coverage insurance policies on the Building and all structures, appurtenances, sprinklers, boilers and on Tenant's personal property, furniture, furnishings, and fixtures located in the demised premises, for their respective full insurable value with Broad Extended Occupancy endorsement in amounts at all times sufficient to prevent Landlord or Tenant from becoming a co-insurer under the terms of any such policies.
Tenant shall also obtain and keep in force rental insurance against loss of rental under a rental value insurance policy covering risk of loss due to the occurrence of any of the hazards insured against under Tenant's Fire and Extended Insurance on the building, in an amount sufficient to prevent Landlord from becoming a co-insurer but in any event, in an amount sufficient to pay, for not less than one year, the rent payable under this Lease. All proceeds received by Landlord under rent insurance policies will be credited as received against the rent due.
Each such policy shall provide that not less than ten days before expiration, evidence of its renewal, or a new certificate, together with evidence of payment of premiums for the renewal period or insurance policy, as the case may be, shall be delivered to Landlord. In the event of any fire or other casualty insured against by Tenant's policy, Landlord may assign to Tenant all of Landlord's right, title, and interest in and to the insurance proceeds. Tenant shall accept such proceeds as full payment for
any loss or damage to its property, and shall not make any claim against Landlord for any other sum therefor, even if the loss or damage is due to the carelessness or negligence of Landlord or its servants, agents, or employees. If any insured casualty occurs, Tenant shall have full authority, and shall take all necessary measures, to file, negotiate, compromise, or adjust any loss under its policy, subject to Landlord's approval which may not unreasonable be withheld.
C. On Tenant's default in obtaining or delivering any such policy or policies or failure to pay the charges therefor, Landlord may secure or pay the charges for any such policy or policies and charge Tenant as additional rent therefor.
D. All policies shall state that the insurance company shall not cancel or refuse to renew without at least 30 days written notice to the Landlord.
E. If during the term of the Lease, higher limits of insurance than those mentioned above are appropriate, customary, and generally required for like premises utilized for similar uses, Tenant shall, upon Landlord's request, procure such increased limits insurance.
Insurance required hereunder shall be in companies rated AAA or better in "Best's Insurance Guide," which shall be qualified to do business in the State of New York.
Neither party shall be liable to the other for any business interruption or any loss or damage to property or injury or death of persons occurring in the Building (including all the Rental Space), or in any manner growing out of or connected with Tenant's use and occupation thereof, the Building or the condition thereof, whether caused by the negligence or other fault of Landlord or Tenant, or of their respective agents, employees, subtenants, licensees, or assignees. The release in favor of Landlord contained herein, is in addition to, and not in substitution for, or in diminution of the hold harmless and indemnification provisions provided in Paragraph "8" of this Lease.
7. Water Damage
Landlord shall not be liable for any damage or injury to any persons or property caused by the leak or flow of water from or into any part of the Premises, unless caused by its own act or omission.
8. Liability of Landlord, Tenant and Indemnity
A. Landlord and its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant or Persons Within Tenant's Control by theft or otherwise. Landlord and its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Building or from the pipes, appliances, sprinklers or plumbing works or from the roof, street or sub-surface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the active negligence of Landlord, its agents, or employees; nor shall Landlord or its agents be liable for any latent defect in the Demised Premises or in the Building
B. [This section has been intentionally deleted.]
C. Tenant agrees, irrespective of whether Tenant shall be negligent, to indemnify, defend and save harmless, Landlord and its partners, officers, directors, contractors, agents and employees from and against any and all liability (statutory or otherwise), claims, suits, demands, damages, judgments, costs, fines, penalties, interest and expenses (including counsel fees and disbursements incurred in any action or proceeding), to which Landlord or any such partner, officer, director, contractor, agent or employee may be subject or which Landlord may suffer arising from, or in connection with, (i) any liability or claim for any injury to, or death of, any person or persons or damage to property (including any loss of use thereof), or (ii) the use and occupancy of the Demised Premises or from any work, installation or thing whatsoever done or omitted (other than by Landlord or its contractors or the agents or employees of either) in the Demised Premises during the Term and during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (iii) any default by Tenant in the performance of Tenant's obligations under this Lease or any act, omission, carelessness, or negligence of Tenant or Persons Within Tenant's Control.
D. Tenant shall reimburse and compensate Landlord as additional rent within five (5) days after rendition of a statement for all expenditures, costs, fees, expenses, judgments, penalties, damages, and