Xxxxxx Xxxxxxxx, Inc.
Publisher, NYC 10013
This Agreement between JBJ Realty
000 Xxxxxx Xxxxxx
Xxxxxxxxxxx, XX 00000
and LAKELAND INDUSTRIES, INC. as Landlord
as Tenant
Witnesseth: The Landlord hereby leases to the Tenant the following premises:
Approximately 4362.5 sf. of space known as
000-0 Xxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
for the term of Three (3) Years with Two (2) Year Options to renew at 4%
increased to commerce for the First day of July, 1999 and the
end on the Last day of June, 2002 to be used and occupied
only for
Light Industrial
upon the conditions and covenants following:
1st That the Tenant shall pay the annual rent of
1st. yr.-Thirty Seven Thousand One hundred Sixteen Dollars ($37,116.00)
2nd yr.-Thirty Eight Thousand Five Hundred Ninety Two Dollars ($38,592.00)
3rd yr. -Forty Thousand One Hundred Twenty Eight Dollars ($40,128.00)
pt. 1 -Forty One Thousand Seven Hundred Thirty Three and 12/100 ($41,733.12)
pt. 2 -Forty Three Thousand Four Hundred Two and 44/100 ($43,402.44)
said rent to be paid in equal monthly payments in advance on the FIRST day of
each and every month during the term aforesaid, as follows:
1st. yr.-Three Thousand Ninety Three Dollars and 00/100 ($3,093.00)
2nd yr.-Three Thousand Two Hundred Sixteen Dollars and 001/100 ($3,216.00)
3rd yr.-Three Thousand Three Hundred Forty Four Dollars and 00/100 ($3,344.00)
pt. 1-Three Thousand Four Hundred Seventy Seven Dollars and 76/100 ($3,477.76)
pt. 2-Three Thousand Six Hundred Sixteen Dollars and 87/100 ($3,616.87)
2nd. That the Tenant shall take good care of the premises and shall, at the
Tenant's own cost and expense make all repairs not to exceed ten (10%) percent
of the annual lease payments, balance of costs to be paid by Landlord.
Except Structural
and at the end or other expiration of the term, shall deliver up the demised
premises in good order or condition, damages by the elements excepted.
3rd. That the Tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations, and requirements of the Federal, State
and Local Governments and of any and all their Departments and Bureaus
applicable to said premises, for the correction, prevention, and abatement of
nuisances or other grievances, in , upon or connected with said premises during
said term; and shall also promptly comply with and execute all rules, orders and
regulations of the New York Board of Fire Underwriters, or any other similar
body, at the Tenant's own cost and expense.
4th. That the Tenant, successors, heirs, executors or administrators shall not
assign this agreement, or underlet or under lease the premises, or any part
thereof, or make any alterations on the premises, without the Landlord's consent
in writing; or occupy, or permit or suffer the same to be occupied for any
business or purpose deemed disreputable or extra-hazardous on account of fire,
under the penalty of damages and forfeiture, and in the event of a breach
thereof, the term herein shall immediately cease and determine at the option of
the Landlord as if it were the expiration of the original term.
5th. Tenant must give Landlord prompt notice of fire, accident, damage or
dangerous or defective condition. If the Premises can not be used because of
fire or other casualty, Tenant is not required to pay rent for the time the
Premises are unusable. If part of the Premises can not be used, Tenant must pay
rent for usable part. Landlord shall have the right to decide which part of the
premises is usable. Landlord need only repair the damaged structural parts of
the Premises. Landlord is not required to repair or replace any equipment,
fixtures, furnishings or decorations unless originally installed by Landlord.
Landlord is not responsible for delays due to settling insurance claims,
obtaining estimates, labor and supply problems or any other cause not fully
under Landlord's control.
If the fire or other casualty is caused by and act or neglect of Tenant,
Tenant's employees or invitees, or at the time of the fire or casualty Tenant is
in default in any term of the Lease, then all repairs will be made at the
Tenant's expense and Tenant must pay the full rent with no adjustment. The cost
of the repairs will be added rent.
Landlord has the right to demolish or rebuild the Building if there is
substantial damage by fire or other casualty. Landlord may cancel this lease
within 30 days after the substantial fire or casualty by giving Tenant notice of
Landlord's intention to demolish or rebuild. The Lease will end 30 days after
Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to
Landlord on or before the cancellation date in the notice and pay all rent due
to the date of the fire or casualty. If the Lease is canceled Landlord is not
required to repair the Premises of Building. The cancellation does not release
Tenant of liability in connection with the fire or casualty. This Section is
intended to replace the terms of New York Real Property Law Section 227.
6th. The said Tenant agrees that the said Landlord and the Landlord's agents and
other representatives shall have the right to enter into and upon said premises,
or any part thereof, at all reasonable hours for the purpose of examining the
same, or making such repairs or alterations therein as may be necessary for the
safety and preservation thereof.
7th. The Tenant also agrees to permit the Landlord or the Landlord's agents to
show the premises to persons wishing to hire or purchase the same; and the
Tenant further agrees that on and after the sixth month, next preceding the
expiration of the term hereby granted, the Landlord or the Landlord's agents
shall have the right to place notices on the front of said premises, or any
party thereof, offering the premises " To Let " or "For Sale", and the Tenant
hereby agrees to permit the same to remain thereon without hindrance or
molestation.
8th. That if the said premises, or any part thereof shall be deserted or become
vacant during said term, or if any default be made in the payment of the said
rent or any part thereof, or if any default be made in the performance of any of
the covenants herein contained, the Landlord or representatives may re-enter the
said premises by force, summary proceedings or otherwise, and remove all persons
therefrom, without being liable to prosecution therefore, and the Tenant hereby
expressly waives the service of any notice in writing of intention to re-enter,
and the Tenant shall pay at the same time as the rent becomes payable under the
terms hereof a sum equivalent to the rent reserved herein, and the Landlord may
rent the premises on behalf of the Tenant, reserving the right to rent the
premises for a longer period of time that fixed in the original lease without
releasing the original Tenant form any liability, applying any moneys collected,
first to the expense of resuming or obtaining possession, second to restoring
the premises to a rentable condition, and then to the payment of the rent and
all other charges due and to grow due to the Landlord, any surplus to be paid to
the Tenant, who shall remain liable for any deficiency.
9th. Landlord may replace, at the expense of Tenant, any and all broken glass in
and about the demised premises. Landlord may insure and keep insured, all plate
glass in the demised premises for and in the name of Landlord. Bills, for the
premiums therefor shall be rendered by Landlord to Tenant at such times as
Landlord may elect, and shall be due from, and payable by Tenant when rendered,
and the amount thereof shall be deemed to be, and be paid as, additional rental.
Damage and injury to the said premises, caused by the carelessness, negligence
or improper conduct on the part of the said Tenant or the Tenant's agents or
employees shall be repaired as speedily as possible by the Tenant at the
Tenant's own cost and expense.
10th. That the Tenant shall neither encumber nor obstruct the sidewalk in front
of, entrance to, or halls and stairs of said premises, nor allow the same to be
obstructed or encumbered in any manner.
11th. The Tenant shall neither place, or cause or allow to be placed, any sign
or signs of any kind whatsoever at, in or about the entrance to said premises or
any other part of same, except in or at such place or places as may be indicated
by the Landlord and consented to by the Landlord in writing. And in case the
Landlord or Landlord's representatives shall deem it necessary to remove any
such sign or signs in order to paint the said premises or the building wherein
same is situated or make any other repairs, alterations or improvements in our
upon said premises or building or any part thereof, the Landlord shall have the
right to do so providing the same be removed and replaced at the Land lord's
expense, whenever the said repairs, alterations or improvements shall be
completed.
12th. That the Landlord is exempt for any and all liability for any damage or
injury to person or property caused by or resulting form steam, electricity,
gas, water, rain, ice or snow, or any leak or flow form or into any part of said
building or from any damage or injury resulting or arising from any other cause
or happening whatsoever unless said damage or injury be caused by or be due to
the negligence of the Landlord.
13th. That if default be made in any of the covenants herein contained, then it
shall be lawful for the said Landlord to re-enter the said premises an the same
to have again, re-possess and enjoy. The said Tenant hereby expressly waives the
service of any notice in writing of intention to re-enter.
14th. That this instrument shall not be a lien against said premises in respect
to any mortgages that are now on or that here after may be placed against said
premises, and that the recording of such mortgage or mortgages shall have
preference and precedence and be superior and prior in lien of this lease,
irrespective of the date of recording and the Tenant agrees to execute without
cost, any such instrument which may be deemed necessary or desirable to further
effect the subordination of this lease to any such mortgage or mortgages, and a
refusal to execute such instrument shall entitle the Landlord, or the Landlord's
assigns and legal representatives to the option of canceling this lease without
incurring any expense or damage and the term hereby granted is expressly limited
accordingly.
15th. The Tenant has on deposited with the Landlord the sum of $ 5,089.58 as
security for the full and faithful performance by the Tenant of all the terms,
covenants and conditions of this lease upon the Tenants part to be performed,
which said sum shall be returned to the Tenant after the time fixed as the
expiration of the term herein, provided the Tenant has fully and faithfully
carried out all of the said terms, covenants and conditions on Tenant's part to
be performed. In the event of a bona fide sale, subject to this lease, the
Landlord shall have the right to transfer the security to the vendee for the
benefit of the Tenant and the Landlord shall be considered released by the
Tenant from all liability for the return of such security; and the Tenant agrees
to look to the new Landlord solely for the return of the said security, and it
is agreed that this shall apply to every transfer, or assignment made of the
security to a new Landlord.
16th. That the security deposited under this lease shall not be mortgaged,
assigned or encumbered by either party without the written consent of the other
party.
17th. It is expressly understood and agreed that in case the demised premises
shall be deserted or vacated, or if default be made in the payment of the rent
or any part as herein specified, or if, without the consent of the Landlord, the
Tenant shall sell, assign, or mortgage this lease or if default be made in the
performance of any of the covenants and agreements in this lease contained on
the part of the Tenant to be kept and performed, or if the Tenant shall fail to
comply with any of the statutes, ordinances, rules, orders, regulations, and
requirements of the Federal, State and Local Governments or of any and all their
Departments and Bureaus, applicable to said premises, or if the Tenant shall
file or there be filed against Tenant a petition of bankruptcy or arrangements,
or Tenant be adjudicated a bankrupt or make an assignment for the benefit of
creditors or take advantage of any insolvency act, the Landlord may, if the
Landlord so elects, at any time thereafter terminate this lease and the term
hereof, on giving to the Tenant five days' notice in writing of the Landlord's
intention so to do, and this lease and the term hereof shall expire and come to
an end on the date fixed in such notice as if the said date were the date
originally fixed in this lease for the expiration hereof. Such notice may be
given by mail to the Tenant addressed to the demised premises.
18th. Tenant shall pay to Landlord the rent or charge, which may, during the
demised term, be assessed or imposed for the water used or consumed in or in the
said premises, whether determined by meter or otherwise, as soon as and when the
same may be assessed or imposed, and will also pay the expenses for the setting
of a water meter in the said premises should the latter be required. Tenant
shall pay Tenant's proportionate part of the sewer rent or charge imposed upon
the building. All such rents or charges or expenses shall be paid as additional
rent and shall be added to the next month's rent thereafter to become due.
19th. That the Tenant will not nor will the Tenant permit undertenants or other
persons to do anything in said premises, or bring anything into said premises,
or permit anything to be brought into said premises or to be kept therein, which
will in any way increase the rate of fire insurance on said demised premises,
nor use the demised premises or any part thereof, nor suffer or permit their use
for any business or purpose which would cause an increase in the rate of fire
insurance on said building, and the Tenant agrees to pay on demand any such
increase.
20th. The failure of the Landlord to insist upon a strict performance of any of
the terms, conditions and covenants herein, shall not ne deemed a waiver of any
rights or remedies that the Landlord may have, and shall not be deemed a waiver
of any subsequent breach or default in the terms, conditions and covenants
herein contained. This instrument may not be changed, modified, discharged or
terminated orally.
21st. If the whole or any part of the demised premises shall be acquired or
condemned by Eminent Domain for any public or quasi public use or purpose, then
in that event, the term of this lease shall cease and terminate from the date of
title vesting in such proceeding and Tenant shall have no claim against Landlord
for the value of any unexpired term of said lease. No part of any award shall
belong to the Tenant.
22nd. If after default in payment of rent or violation of any other provisions
of this lease, or upon the expiration of this lease, the Tenant moves out or is
dispossessed and fails to remove any trade fixtures or other property prior ro
such said default, removal, expiration of lease, or prior to the issuance of the
final order or execution of warrant, then and in that event, the said fixtures
and property shall be deemed abandoned by the said Tenant and shall become the
property of the Landlord.
23rd . In the event that the relation of the Landlord and Tenant may cease or
terminate by reason of the re-entry of the Landlord under the terms and
covenants contained in this lease or by the ejectment of the Tenant by summary
proceedings or otherwise, or after the abandonment of the premises by the
Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in
monthly payments the rent which accrues subsequent to the re-entry by the
Landlord, and the Tenant expressly agrees to pay as damages for the breach of
the covenants herein contained the difference between the rent reserved and the
rent collected and received, if any, by the Landlord during the remainder of the
unexpired term, such difference or deficiency between the rent herein reserved
and the rent collected if any, shall become due and payable in monthly payments
during the remainder of the unexpired term, as the amounts of such difference or
deficiency shall from time to time be ascertained; and it is mutually agreed
between Landlord and Tenant that the respective parties hereto shall and hereby
do waive trial by jury in any action, proceeding or counterclaim brought by
either parties against the other on any matters whatsoever arising out of or in
any way connected with this lease, the Tenant's use or occupancy of said
premises, and /or any claim of injury or damage.
24th. The Tenant waives all rights to redeem under any law of the State of New
York.
25th. This lease and the obligation of Tenant to pay rent hereunder and perform
all of the other covenants and agreements hereunder on part of Tenant to be
performed shall in nowise be affected, impaired or excused because Landlord is
delayed in making any repairs, additions, alterations, or decorations or is
unable to supply or is delayed in supplying any equipment or fixtures if
Landlord is prevented or delayed from so doing by reason of governmental
preemption in connection with a National Emergency or in connection with any
rule, order or regulation of any department or subdivision thereof of any
governmental agency or by reason of the condition of supply and demand which
have been or are affected by war or other emergency.
26th. No diminution or abatement of rent, or other compensation, shall be
claimed or allowed for inconvenience or discomfort arising from the making of
repairs or improvements to the building or to its appliances, not for any space
taken to comply with any law , ordinance or order of a governmental authority.
In respect to the various "services," if any herein expressly or impliedly
agreed to be furnished by the Landlord to the Tenant, it is agreed that there
shall be no diminution or abatement of the rent, or any other compensations, for
interruption or curtailment of such "service" when such interruption or
curtailment shall be due to accident, alterations or repairs desirable or
necessary to be made or to inability or difficulty in securing supplies or labor
for the maintenance of such "service" or to some other cause, not gross
negligence on the part of the Landlord. No such interruption or curtailment of
any such "service" shall be deemed a constructive eviction. The Landlord shall
not be required to furnish, and the Tenant shall not be entitled to receive, any
of such "services" during any period wherein the Tenant shall be in default in
respect to the payment of rent. Neither shall there be any abatement or
diminution of rent because of making repairs, improvements or decorations to the
demised premises after the date above fixed the commencement of the term, it
being understood that rent shall, in any event, commerce to run at such sate so
above fixed.
27th. Landlord shall not be liable for failure to give possession of the
premises upon commencement date by reason of the fact that premises are not
ready for occupancy or because a prior Tenant or any other person is wrongfully
holding over or is in the wrongful possession, or for any other reason. The rent
shall not commence until possession is given or is available , but the term
herein shall not be extended.
SEE RIDERS ANNEXED HERETO AND MADE A PART HEREEOF
And the said Landlord doth covenant that the said Tenant on paying the said
yearly rent, and performing the covenants aforesaid, shall and may peacefully
and quietly have, hold and enjoy the said demised premises for the term
aforesaid, provided however, that this covenant shall be conditioned upon the
retention of title to the premises by the Landlord.
And it is mutually understood and agreed that the covenants and agreements
contained in the within lease shall be binding upon the parties hereto and upon
their respective successors, heirs, executors and administrators.
In Witness Whereof, the parties have interchangeably set their hands and seals
(or caused these presents to be signed by their proper corporate officers and
caused their proper corporate seal to be hereto affixed) this day of April 14,
1999.
Signed, sealed and delivered
in the presence of
---------------------------------------------------L.S.
JBJ
---------------------------------------------------L.S.
---------------------------------------------------L.S.
LAKELAND INDUSTRIES, INC.
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 6/30/2002.
28th The Tenant agrees to keep in force and provide during the term of this
lease for the benefit of the Landlord general liability policy of insurance in
standard from protecting the Landlord against any liability whatsoever,
occasioned by accident in or about the demised premises in which the Landlord
shall be named as additional insured and shall be protected against all
liability occasioned by any occurrence insured against. Such policies shall
cover and leased premises and shall provide for at least five days' notice to
the Landlord before cancellation. A certification thereof shall be delivered to
their Landlord. Said policies shall provide for the following minimum
coverage's; $300,000.00 for injury or death of one person; $500,000.00 for
injury or death arising out of one accident; and $25,000.00 for property damage.
In the event the Tenant fails to effect such insurance, the Landlord may do so,
and add the cost thereof to the rent for the month next ensuing, and the amount
thereof shall be deemed to be, paid as additional rent.
29th. If any mechanic's liens shall be filed against the premises for work done
or materials furnished to the Tenant, the Tenant shall within thirty days
thereafter, and its own cost and expense cause such lien or liens to be
discharged by filing the bond or bonds required for that purpose by law. In the
event the Tenant fails to have such liens discharged, the Landlord may do so at
the Tenant's expense.
30th. All annexations to the freehold made or installed in such a manner that
their removal would cause injury to the freehold shall be the property of the
Landlord and may not be removed by the Tenant except that all trade fixtures
shall be deemed the property of the Tenant, and may be removed by the Tenant
provided that all injury to the freehold resulting therefrom shall be repaired
at the expense of the Tenant.
31st. There are no representations, warranties, terms, or obligations other than
those expressed in this agreement. No variation of this lease shall be valid
unless in writing and signed by the party to be charged. Any holding over by the
Tenant after the term of this lease shall be unlawful and in no manner
constitute a renewal or extension of this lease agreement. In the event ,
however, Tenant does become a holdover, the use and occupancy charges shall be
125% of the last rental amount. In addition to the provisions of Paragraph 4.
Tenant shall before making any alterations, additions, installations, or
improvements, obtain at its sole cost and expense all permits, approvals and
certificates required by any governmental or quasi-governmental authorities and
upon completions of same, certificates of final approval thereof promptly
deliver to the Landlord copies of all permits, approvals, and certificates.
32nd. The Landlord shall not be liable for damage or injury to person or
property unless written notice of any defect alleged to have caused such damage
or injury shall have been given to the Landlord a sufficient time before such
occurrence to have reasonable time to enable the Landlord to correct such
defect. Nothing herein contained shall impose any additional obligation on the
Landlord to make repairs. Should any additional construction be undertaken on
the interior of the premises, Tenant must:
a) Obtain a Permit;
b) Obtain the permission and signature of the Landlord on application; and
c) Supply Landlord with copy of plans, specifications, and Certificate of
Compliance.
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 6/30/2002.
33rd. It is mutually covenanted that if the Landlord shall reasonably pay or be
compelled to pay sum of money, or shall reasonably perform any act or be
compelled to perform any act, which act shall require the payment of any sum of
money be reason of the failure of the Tenant after thirty days' notice, to
perform any one or more of the covenants herein contained, the sums shall, after
the ten days' notice, in writing and demand, be added to the rent installment
next due and shall be collectible in the same manner and with the same remedies
as if originally reserved as rent hereunder. The failure to pay rent and to make
pursuant to this paragraph shall be deemed a material default.
JBJ REATY LAKELAND INDUSTRIES, INC.
---------------- --------------------------------
LANDLORD TENANT
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 6/30/2002.
34th .Notwithstanding any provisions of this Lease to the contrary, in the event
of a breach or default by Landlord, its successors or assigns, of any of its
obligations hereunder of any kind or nature whatsoever, or of any provisions of
this Lease. Tenant shall look solely to the equity of the Landlord, its
successors, or assigns in the demised premises or the building of which they are
a part for the satisfaction of Tenant's remedies and no personal judgement shall
be sought against the Landlord, its successors or assigns under the terms,
covenants, conditions, warranties and obligations of this Lease shall in no
event exceed the loss of its equity in the demised premises or the building of
which they are a part.
35th . The Tenant agrees as its own cost and expense to pay for all electricity,
telephone, gas, fuel, etc., consumed and used by it, it being the understanding
and intention of the parties hereto that the Landlord rents, and the Tenant
hires, the demised premises without any service of any kind whatsoever.
36th. Anything to the contrary herein notwithstanding, Tenant may assign this
Lease as long Tenant is not in default, and the Landlord shall not unreasonably
withhold its consent to the assignment and/or sub-lease agreement upon the
following conditions.
a) Each assignment and/or sublease of this lease shall be accompanied by and
agreement, in writing, executed by the assignee for the benefit of the Landlord,
wherein the assignee shall assume all the duties and obligations of the Tenant
herein.
b) Said agreement executed by the assignee shall be deposited with the Landlord
within five days of the making of the assignment.
c) The assignment and/or sub-lease of this agreement shall in no way operate to
release the assignor from the obligation of the Tenant herein.
d )An additional security-0- shall be deposited with the Landlord by the
assignee to be held by the Landlord in accordance with the provisions of
Paragraph "15" herein.
e) No further or additional assignments of this lease shall be made except upon
compliance with and subject to, the provisions of this paragraph, except that no
further security shall be required.
37th. In the event the premium for the Landlord's policy of insurance covering
fire and extended coverage with all of the usage and customary endorsements its
increased over the basic rate for same as determined by the appropriate
insurance underwriting organization as a result of Tenants use or occupancy of
the premises then Tenant shall pay such insurance as additional rent. Landlord
shall provide Tenant with a copy of pertinent invoices for insurance, and Tenant
shall reimburse Landlord. Failure to make such reimbursement shall be deemed a
material default hereunder.
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 6/30/2002.
38th .The Tenant shall pay to the Landlord during each year of the term herein
demised as and for additional rent hereunder the amount of any increase of the
aggregate of all real estate taxes of every nature and description, including
assessments, if any , levied against the demised premises and herein referred to
as the basic taxes. The basic tax, as aforementioned, shall be the aggregate of
all real estate taxes of each and every nature, including assessments levied
against the demised premises after the completion of the building and
constituting the first assessment predicated upon a completed building. The
amount of any such increase shall be deemed additional rent and shall be paid by
the Tenant to the Landlord not later than the first day of the calendar month
occurring subsequent to the giving notice to the Tenant of the amount of such
increase, and the simultaneous exhibiting to the Tenant of a copy of a tax xxxx
evidencing such increase. Such notice to be given by the Landlord to the Tenant
may be given personally, or by certified mail, return receipt requested. The
Tenant shall be responsible only for the payment of that portion of increase, if
any; as shall be applicable to that portion of the overall premises lease by
Tenant. The base tax year will be July 1, 1999 through June 30, 2000. Any
additional taxes over and above the base tax year shall be passed on to the
Tenant according to their proportionate share.
39th. Notwithstanding the provisions of Paragraph 15, the Landlord shall have
the right to deduct from the security deposit, if kept an interest-bearing
account, the sum equivalent to one percent (1%) per annum of the security monies
so deposited as administrative expenses. With regard to Tenant's security, this
money shall be in lieu of all other administrative and custodial expenses.
40th. The parties herein acknowledge that No One is the broker which brought
about this leasing agreement, and commissions therefore shall be paid by the
Landlord pursuant to separate agreement.
JBJ REALTY LAKELAND INDUSTRIES
----------------- ------------------------------------
LANDLORD TENANT
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 6/30/2002.
41st. In the event the summary proceeding is commences by the Landlord or its
successors and assigns, for non-payment of rent during any part of the term
hereunder; then the Landlord shall be entitled to reasonable costs and
attorney's fees incurred during the summary proceeding as added rent in default
and such costs and attorney's fees may be added to the amount demanded in any
such summary proceeding. A summary proceeding shall be deemed to have been
commenced hereunder upon service of a three day Notice.
42nd. Landlord will put all heating, cooling, electric, and plumbing systems in
good working order for new Tenant. It is the responsibility of all tenants to
maintain the systems in like condition and to provide service and maintenance
for heating system. Minimal heat must be provided by Tenant at all times during
the winter months. To prevent frozen pipes and heating damage. Should this not
be done, any repairs necessary will be at the sole cost of the Tenant. Tenant
shall pay for all electricity, gas, fuel, telephone, garbage, disposal, snow
removal, etc. Should the septic systems and/ or pools become contaminated and in
need of service, the Tenant responsible for such repair will be billed for the
necessary repair. Should the source of the problems be of such indeterminate
nature, other faulty installation, all Tenants will be billed for the service in
proportion with their occupancy of the building. Tenant shall be responsible for
repair and maintenance of plate glass, overhead doors, plumbing, heating, and
cooling systems.
43rd. If, during the term of the lease or Tenant's occupancy of the demised
premise, Landlord or any predecessor in title to the premises of which the
demised premises are a part is required to undertake the removal, clean-up
neutralization or any other affirmative act with respect to the presence of
hazardous, toxic or dangerous materials or substances whether of the Landlord's
own choice or as the result of a directive or order from any governmental
authority or court having jurisdiction, the Tenant specifically acknowledges and
agrees that any such action shall not be a breach of the covenant of quiet
enjoyment of the premises and further, the Tenant shall not be entitled to any
diminution or abatement of rent in such event notwithstanding any other
provisions of this lease to the contrary. Tenant further agrees to cooperate
fully with the Landlord in connection with any such action. It is specifically
understood and agreed that the Tenant will not contaminate the premises with any
hazardous, toxic, or dangerous material or substance and nothing herein
contained shall relieve the Tenant from an liability to the Landlord or any
governmental authority as a result of any actions of the Tenant, its employees,
agents, or invitee with respect to the causation of any such hazardous,
dangerous, or toxic condition at the premises.
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 6/30/2002.
43-2. In the event the Landlord has reason to believe that the Tenant, or
Tenant's employees or agents are in violation of any provision of this
lease pertaining to the use or maintenance of Hazardous Substances or
Hazardous Materials, the Landlord shall give written notice to the
Tenant concerning the suspected issues of non-compliance. The Tenant
shall respond in writingthe Landlord's concerns within ten (10) days,
and shall provide such other documents or information which the Landlord
deems necessary to determine that the Tenant is in compliance with all
the provisions in the lease involving Hazardous Substances or Hazardous
Materials.
43-3. In the event the Tenant fails to provide the assurances required by this
paragraph within the time specified, the Landlord and the Landlord's
designated agent shall have the right to enter and inspect the premises
to determine the Tenant's compliance with the provisions of the lease
pertaining to Hazardous Substances and Hazardous Materials. The
Landlord, its sole discretion, shall also have the right to conduct an
environmental audit of the leased premises for the purposes of
establishing the Tenant's compliance with the provisions of this lease
which involve Hazardous Substances or Materials. The cost of any such
environments audit shall be borne by the Tenant.
JBJ REALTY LAKLAND INDUSTRIES, INC.
----------------- ----------------------------------------
LANDLORD TENANT
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 6/30/2002.
44TH Tenant agrees not to allow garbage or refuse to accumulate outside the
building or grounds of the demised premises. Any violations regarding debris
from the local municipality shall be made known to the Tenant and should the
violation not be corrected in the given period of time, the Tenant will payment
as rent, all fines and legal fees incurred.
45th. All rents are due and payable on the first day of the month. In the event
of a default by the Tenant for non-payment of rent, and such default continues
for a period of ten (10) days subsequent to the due date, there shall be added
to the monthly rental then due and payable a sum designated as a late charge,
which shall be equal to five (5) cents for each dollar of the monthly payment
past due rent, shall become immediately due and payable with the succeeding
month's rent. Should Tenant issue a check with insufficient funds, an additional
twenty five dollars and 00/100 ($25.00) fee per check will be applied to the
next month's invoice. If this occurs, Tenant will be expected to substitute cash
or a certified check in person within a three -(3) day period.
45-2 Notwithstanding any provisions in the Lease permitting Tenant to cure any
default within a specified period of time, if Tenant shall default (I) in the
timely payments of rent or additional rent, and such default shall continue or
be repeated for two consecutive months or for a total of four months in any
period of twelve months or (ii) in the performance of any particular term,
condition, or covenant of this Lease more than two times in any period of six
months, then, notwithstanding that such defaults shall have each been cured
within the period after notice if any, as provided in this Lease. Any further
similar default shall be deemed to be deliberate and Landlord thereafter may
cancel or terminate this Lease as provided herein without according to Tenant an
opportunity to cure such further default.
46th. The Tenant agrees to comply with the following rules and regulations and
with such reasonable and additions thereto as the Landlord may hereafter from
time to time make for the premises. The Landlord shall not be responsible for
non-compliance by any other Tenant of any said rules and regulations, however,
will request the non-complying Tenant to comply with all haste.
a) Tenant will not store material, supplies, or equipment outside
the premises.
b.) Tenant will keep loading area/overhead door clean and
unobstructed in order to allow for parking lot, lawn, and other
maintenance.
c.) Tenant will be responsible for any damage done to the building
or parking lot area by trucks making deliveries for the Tenant's
business.
d) Parking or storage of unregistered vehicles is expressly
prohibited.
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 6/30/2002.
47th. Certificate of Insurance with owner named as co-insured mush accompany
this Lease in order for it to become valid. (See Paragraph 28)
48th. Landlord agrees to give Tenant and allowance of $0 for painting and
replacement of carpet.
49th. In the event Tenant vacates the premises prior to the termination date of
this lease, the corporate officers or shareholders or the general partners
executing this Lease on behalf of Tenant or such other guarantors who execute
the guarantee at the end of this Rider personally guarantee the payment of all
rent and additional rent that has accrued to the date the premises are vacated
together with the costs of restoring the premises in accordance with the
provisions of this Lease and Tenant's obligations under Paragraph 43 hereof.
JBJ REALTY LAKLAND INDUSTRIES, INC.
----------------- ----------------------------------------
LANDLORD TENANT
State of New York }SS.:
County of
On the day of ,before me personally came
to me known, and known to me to be the individual described in, and
who executed, the foregoing instrument, and acknowledged to me that he
executed the same.
State of New York }SS.:
County of
On the day of ,before me personally came
to me known, who, being by me duly sworn, did depose and say that
he resides at No.
that he is the of
the corporation mentioned in, and which executed, the foregoing instrument; that
he knows the seal of said corporation; that the seal affixed to said instrument
i such corporate seal; that it was so affixed by order of the Board of
of said corporation; and that he signed he name thereto by like order.
==============================
==============================
LEASE
==============================
Date:
------------------------------------------
In Consideration of the letting in of the premises within mentioned to the
within named Tenant and the sum of $1.00 paid to the undersigned by the within
named Landlord, the undersigned do
hereby covenant and agree, to and with the Landlord and the Landlord's legal
representatives, that if default shall any time be made by the said Tenant in
the payment of the rent and the performance of the covenants contained in the
within lease, on the Tenant's part to be paid and performed, that the
undersigned will well and truly pay the said rent, or any arrears thereof, that
may remain due unto the said Landlord, and also pay all damages that may arise
in consequence of the non-performance if said covenants, or either of them,
without requiring notice of any such default form the said Landlord. The
undersigned hereby waives all right to trial by jury in any action or proceeding
hereinafter instituted by the Landlord, to which the undersigned may be a party.
In Witness Whereof, the undersigned has set hand
and seal this day of
WITNESS
---------------------------------L.S.
