FILED: NEW YORK COUNTY CLERK 10/08/ :45 PM INDEX NO /2013 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/08/2015. ExhibitS..
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1 FILED: NEW YORK COUNTY CLERK 10/08/ :45 PM INDEX NO /2013 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/08/2015 ExhibitS.ExhibitS
2 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part ofthe instrument. The City Register will rely on the information provided by you on this page for purposes of indexing this instnlment. The information on this page will control for indexing purposes in the event ofany conflict with the rest ofthe document EID6A RECORDING AND ENDORSEMENT COVER PAGE Document 10: Document Date: Document Type: MEMORANDUM OF LEASE Document Pa e Count: 4 PRESENTER: KENSINGTON VANGUARD NATIONAL LAND 39 WEST 37TH STREET, SEVENTH FLOOR HOLD FOR PICKUP I SEARCH NY NEW YORK, NY (F-NY-CP-KV) PROPERTY DATA Borough Block Lot Unit Address MANHATTAN Entire Lot AVENUE Property Type: NON-RESIDENTIAL VACANT LAND RETURN TO: DENNIS A. KONNER, ESQ. DUANE MORRIS LLP 1540 BROADWAY NEW YORK, NY PAGE 1 OF 5 Preparation Date: CRFN _ CROSS REFERENCE DATA or Document ID or Year Reel Page or File Number _ LESSOR: SECOND AVE. CORP. 1 LINCOLN CENTER SYRACUSE, NY PARTIES LESSEE: 152 SECOND REALTY LLC 433 WEST 14TH STREET NEW YORK, NY ~~~~:..:l::l.=~:..=:::=~~ FEES AND TAXES Filing Fee: $ =.o~.o:.=:o_-lnyc Real Property Transfer Tax: $ RECORDED OR FILED IN THE OFFICE OF THE CITY REGISTER OF THE '~S1.. CITY OF NEW YORK nlfri~~l.,. Recorded/Filed : ~:'. City Register File No.(CRFN): ~
3 MEMORANDUM OF LEASE SECOND AVE. CORP., Landlord. -and- 152 SECOND REALTY LLC, Tenant. Premises known as: 152-1S4 Second Avenue New York, New York County ofnew York Block: 451 Lot: 4 Record and return to: Dennis A. Konner, Esq. Duane Monis LLP 1540 Broadway New York, New York C:\Doc~mcnlS And Senings\Dakonncr\Locat Settings\TcmporllJ)' Intcrnet Filcs\Contcnt.Outlook\44TSVIJR\1'2-1S4 2nd Avc - Mcmorandum or Lease IJ.Doc 1
4 MEMORANDUM OF LEASE This Memorandum oflease (this "Memorandwn") dated November 9, 2010, by and between SECOND AVE. CORP., with an address at clo Joseph A. Greenman, Esq., Bond Schoeneck & King, PLLC, One Lincoln Center, Syracuse, NY ("Landlord") and 152 SECOND REALTY LLC, a New York limited liability company, having an office at clo Icon Realty Management, 433 West 14 th Street, Suite 429 3R, New York, New York ("Tenant"). All tenos not otherwise defined herein shall have the meanings as set forth in the Lease. Preliminary Statement. On November 9, 20 I0, Landlord and Tenant entered into a lease ("Lease") for the Premises; which said Lease was amended by First Amendment to Lease, of even date thereof. Pursuant to the Lease, Landlord has agreed to lease to Tenant and Tenant has agreed to lease from Landlord, subject to the tenns and conditions ofthe Lease, the Premises as described in the Lease. Real Property. The Premises are known as that certain parcel ofreal property located at 152 and 154 Second Avenue, New York, New York and designated as Block 4S I; Lot 4 on the Tax Map ofnew York County and more particularly described on Exhibit A attached hereto. Tenn. The term of'he Lease is for 10 years and, as established by the First Amendment to Lease, shall commence on November 9,2010 (the "Commencement Date") and expire on November 8, 2020 (the "Expiration Date"). Option to Purchase. The Lease contains an option for the Tenant to purchase the Premises. Miscellaneous. All the terms, conditions, provisions and covenants ofthe Lease are incorporated In this Memorandum by reference as though written out at length herein. Botb the Lease and tbis Memorandum shall be deemed to constitute a single instrument or document. Ifany inconsistency shall exist between the Lease and the Memorandum, the Lease shall control. This Memonndum may be executed In ODe ormore counterparts, each ofwhich sball be deemed an original but all ofwbich together sball constitute one and the same instrument... SIGNATURES ON FOLLOWING PAGE-
5 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as ofthe date written above. LANDLORD: SECOND AVE. CORP. BY:--:;f--ItL'f..!::!--4N~~~kIJ.U~5. I-- 1'1 e: Title: By: ----hf----~ N e:t6~ ~~ Title: ""lw\~~ ~~ STATE OF NEW YORK ) ) 55.: COUNTY OF NEW YORK ). btu~ ~~y On November 9, 20 I0 before me, the undersigned personally appeared~'lw. personally known to me or proved to me on the basis ofsatisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument he executed the instrument. Notary Public ULiAN PRICE No ublic. State of New York No. 01 PR Qualified in Nassau County Commission Expires April STATE OF NEW YORK COUNTY OF NEW YORK ) ) ) ss.: On November befo~e me, the undersigned personally appeare~ ~(:> \) l~~ personally known to me or proved to me on the basis ofsatisfactory evidence to be the indivijuaiwhose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument he executed the instrument. Notary Public JULIAN PRICE Notary Public, State of New York No. 01 PR Qualified in Nassau County Commission Expires April 16, 2014
6 Schedule A Description Title Number: (F-NY-CP-KV) Policy Number Q002354E ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being in the Borough of Manhattan, Cily, County and State ofnew York, bounded and described as follows: BEGINNING at a point on the easterly side of Seconds Avenue, distant sixty five feet seven inches (65.58 feet as per actual measurement) southerly from the Intersection of the easterly side of Second Avenue, and the southerly side of Tenth Street RUNNING THENCE easterly parallel with Tenth Street, and part ofthe way through a party wal~one tiundred- - and twenty five feet; THENCE southerly parallel with Second Avenue forty four feet three inches (44.21 feet as per actual measurement) THENCE westerly again parallel with Tenth Street and part ofthe way through another party wall one hundred and twenty five feet to the easterly side of Second Avenue; THENCE northerly along the easterly side of Second Avenue forty four feet three Inches (44.21 feet as per actual measurement) to the point or place of BEGINNING. :,~ ALTA OYmer's Policy (6-17..()6) Schedule A Description (804900(F NY CP.KV).pfdl804900(F-NY CP KV)/33)
7 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part ofthe instrument. The City Register will rely on the information provided by you on this page for purposes of indexing this instrument. The information on this page will control for indexing purposes in the event ofany conflict with the rest ofthe document E409C RECORDING AND ENDORSEMENT COVER PAGE Document ID: Document Date: Document Type: ZONING LOT DESCRIPTION Document Pa e Count: 2 PRESENTER: SARVAR ASLANOV 299 BROADWAY, SUITE 210 MANHATTAN, NY joeygoldzal@aol.com RETURN TO: SARVAR ASLANOV 299 BROADWAY, SUITE 210 MANHATTAN, NY joeygoldzal@aol.com PAGE 1 OF 3 Preparation Date: PROPERTY DATA Borough Block Lot Unit Address MANHATTAN Entire Lot AVENUE Property Type: COMMERCIAL CONDO UNlT(S) CRFN _ CROSS REFERENCE DATA or Document ID or Year Reel Page or File Number _ PARTY ONE: ND AVENUE REALTY LLC 152 SECOND AVENUE NEW YORK, NY PARTIES FEES AND TAXES Filing Fee: $ J...:...=::..:=:~=:===-..:...:.::=:::.:.:.:...~~ -=-O=-=.OO~_--lNYC Real Property Transfer Tax: $ NYS Real Estate Transfer Tax: ~::"":'::~~'=='.L...3.=:=:::.L:...~f-!L----_-----:O:""::.'="':OO= i $ RECORDED OR FILED IN THE OFFICE ~~. OF THE CITY REGISTER OF THE.#~~ t~ CITY OF NEW YORK a.00 ~W~~a,,' RecordedlFiled :02 ~--~~~~--~~-----~O=.O~O-~ ~. -: a~~~~r~n~c~~ /).ol.ol~~ AN //"Jj ~/~
8 , EXHIBIT III ZONING LOT DESCRIPTION AND OWNERSHIP STATEMENT BY BUILDING DEPARTMENT PERMIT APPLICANT AND TO BE RECORDED IN THE COUNTY CLERK'S OR REGISTER'S OFFICE Second Avenue Corp. with an address of 152 Second Avenue, New York 10003, an applicant for present or future permits pursuant to the Zoning Resolution ofthe City of New York, effective as ofdecember 15, 1961, and as subsequently amended states that the zoning lot to which the aforementioned permit or permits pertain are shown on the Tax Map ofthe City ofnew York, County ofnew York, as Block 451, Lot 4 as shown on the Tax Map ofthe City ofnew York, and is more particularly described as: ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected, situate, lying and being in the Borough ofmanhattan, City, County and State ofnew York, bounded and described as follows: BEGINNING at a point on the easterly side of2 nd Avenue, distant 65 feet 8 inches southerly from the comer formed by the southerly side ofeast 10 lh Street with the easterly side ofsecond Avenue; RUNNING THENCE easterly and parallel to the southerly side ofeast 10 th Street, 125 feet; THENCE southerly parallel to the easterly side ofsecond Avenue, 44 feet 2 inches; THENCE westerly and again parallel with the southerly side ofeast loth Street, 125 feet to the easterly side ofsecond Avenue; THENCE northerly along said easterly side ofsecond Avenue, 44 feet 2 inches to the point or place ofbeginning. That the said premises' are known as and by street address: 152 Second Avenue, New York, NY as shown on the following diagram:
9 II The above described zoning lot is presently owned by BLOCKILOT NAME ADDRESS 451/ ND AVENUE REALTYLLC. 152 Second Avenue New York, NY IN WITNESS WHEREOF the applicant for permit has executed this instrument this IS.. day of jub,20lt. ~ -::J --. ~-?i?~:::r====~--=:::::::;::::>, By: '. ~ Tu~~ Lov'''!4\~t'j, -",e~b-e..r CERTIFICATE OF ACKNOWLE:DGMENT STATEOFNEWYORK.C~UN~OF /JIttJ ~): }55:. o. e r, ~ally known to me or proved to me on the basis of day o(.1'j'".20 I~, :fur:m:the undersigned, personally appeared satisfactory evidence be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their capacity(ies), and that by hislher/their signature(s) on the instrument the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Section C subdivision (a) Paragraph (1) of the Administrative Code requires submission ofthe accurate lot diagram in accordance with an attached boundary survey made by a licensed surveyor, which need nothe recorded 'but which must be submitted with the application for the permit. Record & Return to:
10 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part ofthe instrument. The City Register will rely on the information provided by you on this page for purposes of indexing this instrument. The information on this page will control for indexing purposes in the event ofany conflict with the rest ofthe document E32B9 RECORDING AND ENDORSEMENT COVER PAGE Document ID: Document Date: Document Type: ZONING LOT DESCRIPTION Document Pa e Count: 2 PRESENTER: JOEY GOLDZAL 299 BROADWAY, SUITE 210 NEW YORK, NY joeygoldzal@aol.com RETURN TO: JOEY GOLDZAL 299 BROADWAY, SUITE 210 NEW YORK, NY joeygoldzal@aol.com PAGE 1 OF 3 Preparation Date: Borough Block Lot MANHATTAN Entire Lot Property Type: OTHER PROPERTY DATA Unit Address 152 2ND AVENUE CRFN _ CROSS REFERENCE DATA or Document 10 or Year Reel Page or File Number _ PARTY ONE: ND AVENUE REALTY LLC. 152 SECOND AVENUE NEW YORK, NY PARTIES FEES AND TAXES Filing Fee: $ 1-=-===.::...:===-=-===...:;:=.:..:..----r:~...:::;.0..;..;:.00~ ; NYC Real Property Transfer Tax: $ RECORDED OR FILED IN THE OFFICE OF THE CITY REGISTER OF THE CITY OF NEW YORK Recorded/Filed : City Register File No.(CRFN): ~
11 , " I..'.;~: ~. " EXHIBIT III ZONING LOT DESCRIPTION AND OWNERSHIP STATEMENT BY BUILDING DEPARTMENT PERMIT APPLICANT AND TO BE RECORDED IN,THE COUNTY CLERK'S OR REGISTER'S OFFICE Second Avenue Corp. with an address of152 Second Avenue, New York 10003, an ~pplicant for present or future permits pursuant to the Zoning Resolution ofthe City of New York, effective as ofdecember 15, 1961, and as subsequently amended states that the zoning lot to which the aforementioned pennit or permits pertain are shown on the Tax Map ofthe City ofnew York, County ofnew York, as Block 451, Lot 4 as shown on the Tax Map ofthe City ofnew York, and is more particularly described as: ALL that certain plo~ piece or parcel ofland, with the buildings and improvements thereon erected, situate, lying and being in the Borough ofmanhattan, City, County and State ofnew York, bounded and described as follows: BEGINNING at a point on the easterly side of2 nd Avenue~ distant 65 feet 8 inches southerly from the comer fanned by the southerly side ofeast 10 th Street with the easterly side ofseco~d Avenue; RUNNING THENCE easterly and parallel to the sout~er'.y side ofeast 10 th Street, 125 feet;... THENCE southerly parallel to the easterly side ofsecond Avenue, 44 feet 2 inches; THENCE westerly and again parallel with the southerly side ofeast loth Street, 125 feet to the easterly side ofsecond Avenue; THENCE northerly'a1ong said easterly side ofsecond Avenue, 44 feet 2 inches to the point or place ofbeginning. That the said premises' are known as and by street address: 152 Second Avenue, New York, NY as shown on the following diagram: i. 1u Vl e~stf" 10,.,..-.1 ~ 12.$' 0", N..' ' 2-
12 ". ~..~. The above described zoning lot" is presently~owned by BLOCKILOT NAME ADDRESS 451/ ND AVENUE 152 Second Avenue REALTY LLC. New York, NY ]0003 IN WITNESS WHEREOF the applicant for pennit has executed this instrument this (Ido- day of.i l1 b, 20 1', SS3--::tp'?-:::ZC==~'-- ::;:> BY:~ ~ Tcr~nce Lo-...~~bo.':j I ",e",b-e.r" CERTIFICATE OF ACK..~OWLEDGMENT STATE OF NEW YORK, COUNTY OF!YttJ ~,( }ss:. o e day o(1:j",,201~,~m:.the undersigned, personally appeared "Il ~ajlyknown to me or proved to me on the basis of satisfactory evidence be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their capacity(ies),and that by hislher/their signature(s) Or:'. the instrument ~~ individual(s), or. the person upon behalf of which the iljdiy.i4l:13 I(s) ac~ed, exec':!ted the" instrument. )fl.~ NO~'bliC 7 NOTE: "OHINEE GEORGE Public State of New York N~tr8t\On No. 01GE Re~ua'ified in Bronx coun2qty14 Term Expires October 2. Section C subdivision (a) Paragraph (I) of the Administrative Code requires submission ofthe accurate lot diagram in accordance with an attached boundary survey made by a licensed surveyor,. whjch need not be recorded but whicb anust be submitted with the application for the permit. Record & Return to:
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