THIS LEASE AGREEMENT, made the 20th day of April 1995,
Between
X. X. XXXXXX SUPERMARKETS V, INC. residing or located at 000
X. Xxxxx Xxxxxx in the City of Newark in the County of Essex and
State of New Jersey, herein designated as the Landlord,
And
BROAD NATIONAL BANK, A National Banking Association residing
or located at 000 Xxxxx Xxxxxx in the City of Newark in the
County of Essex and State of New Jersey, herein designated as the
Tenant;
WITNESSETH that, the Landlord does hereby lease to the
Tenant and the Tenant does hereby rent from the Landlord, the
following described premises:
Approximately 700 square feet in premises located at
000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxxx.
for a term of Five (5) years commencing on April 1, 1995, and
ending on March 31, 2000, to be used and occupied only and for no
other purpose than a banking facility, and all related
operations.
Upon the following Conditions and Covenants:
1st: The Tenant covenants and agrees to pay to the
Landlord, as rent for and during the term hereof, the sum of
$210,000.* in the following manner:
$3,500.00 monthly commencing April 1, 1995. *525 square feet @
$80.00 for five years.
2nd: The Tenant has examined the premises and has
entered into this lease without any representation on the part of
the Landlord as to the condition thereof. The Tenant shall take
good care of the premises and shall at the Tenant's own cost and
expense, make all repairs, including painting and decorating, and
shall maintain the premises in good condition and state of
repair, and at the end or other expiration of the term hereof,
shall deliver up the rented premises in good order and condition,
wear and tear from a reasonable use thereof, and damage by the
elements not resulting from the neglect or fault of the Tenant,
excepted. The Tenant shall neither encumber nor obstruct the
sidewalks, driveways, yards, entrances, hallways and stairs,
[balance of sentence has been crossed out]
3rd: In case of the destruction of or any damage to
the glass in the leased premises, or the destruction of or damage
of any kind whatsoever to the said premises, caused by the
carelessness, negligence or improper conduct on the part of the
Tenant or the Tenant's agents, employees, guests, licensees,
invitees, subtenants, assignees or successors, the Tenant shall
repair the said damage or replace or restore any destroyed parts
of the premises, as speedily as possible, at the Tenant's own
cost and expense.
4th: No alterations, additions or improvements shall
be made, and no climate regulating, air conditioning, cooling,
heating or sprinkler systems, television or radio antennas, heavy
equipment, apparatus and fixtures, shall be installed in or
attached to the leased premises, without the written consent of
the Landlord. Unless otherwise provided herein, all such
alterations, additions or improvements and systems, when made,
installed in or attached to the said premises, shall belong to
and become the property of the Landlord and shall be surrendered
with the premises and as part thereof upon the expiration or
sooner termination of this lease, without hindrance, molestation
or injury.
5th: The Tenant shall not place nor allow to be placed
any signs of any kind whatsoever, upon, in or about the said
premises or any part thereof, except of a design and structure
and in or at such places as may be indicated and consented to by
the Landlord in writing. In case the Landlord or the Landlord's
agents, employees or representatives shall deem it necessary to
remove any such signs in order to paint or make any repairs,
alterations or improvements in or upon said premises or any part
thereof, they may be so removed, but shall be replaced at the
Landlord's expense when the said repairs, alterations or
improvements shall have been completed. Any signs permitted by
the Landlord shall at all times conform with all municipal
ordinances or other laws and regulations applicable thereto.
6th: The Tenant shall pay when due all the rents or
charges for other utilities used by the Tenant, which are or may
be assessed or imposed upon the leased premises or which are or
may be charged to the Landlord by the suppliers thereof during
the term hereof, and if not paid, such rents or charges shall be
added to and become payable as additional rent with the
installment of rent next due or within 30 days of demand
therefor, whichever occurs sooner.
7th: The Tenant shall promptly comply with all laws,
ordinances, rules, regulations, requirements and directives of
the Federal, State and Municipal Governments or Public
Authorities and of all their departments, bureaus and
subdivisions, applicable to and affecting the said premises,
their use and occupancy, for the correction, prevention and
abatement of nuisances, violations or other grievances in, upon
or connected with the said premises, during the term hereof; and
shall promptly comply with all orders, regulations, requirements
and directives of the Board of Fire Underwriters or similar
authority and of any insurance companies which have issued or are
about to issue policies of insurance covering the said premises
and its contents, for the prevention of fire or other casualty,
damage or injury, at the Tenant's own cost and expense.
8th: The Tenant, at Tenant's own cost and expense,
shall obtain or provide and keep in full force for the benefit of
the Landlord, during the term hereof, general public liability
insurance, insuring the Landlord against any and all liability or
claims of liability arising out of, occasioned by or resulting
from any accident or otherwise in or about the leased premises,
for injuries to any person or persons, for limits of not less
than $ 500,000 for injuries to one person and $ 1,000,000 for
injuries to more than one person, in any one accident or
occurrence, and for loss or damage to the property of any person
or persons, for not less than $ 250,000 . The policy or policies
of insurance shall be of a company or companies authorized to do
business in this State and shall be delivered to the Landlord,
together with evidence of the payment of the premiums therefor,
not less than fifteen days prior to the commencement of the term
hereof or of the date when the Tenant shall enter into
possession, whichever occurs sooner. At least fifteen days prior
to the expiration or termination date of any policy, the Tenant
shall deliver a renewal or replacement policy with proof of the
payment of the premium therefor. The Tenant also agrees to and
shall save, hold and keep harmless and indemnify the Landlord
from and for any and all payments, expenses, costs, attorney fees
and from and for any and all claims and liability for losses or
damage to property or injuries to persons occasioned wholly or in
part by or resulting from any acts or omissions by the Tenant or
the Tenant's agents, employees, guests, licensees, invitees,
subtenants, assignees or successors, or for any cause or reason
whatsoever arising out of or by reason of the occupancy by the
Tenant and the conduct of the Tenant's business.
23rd. [entire paragraph crossed out.]
24th. The terms, conditions, covenants and provisions
of this lease shall be deemed to be severable. If any clause or
provision herein contained shall be adjudged to be invalid or
unenforceable by a court of competent jurisdiction or by
operation of any applicable law, it shall not affect the validity
of any other clause or provision herein, but such other clauses
or provisions shall remain in full force and effect.
25th. All notices required under the terms of this
lease shall be given and shall be complete by mailing such
notices by certified or registered mail, return receipt
requested, to the address of the parties as shown at the head of
this lease, or to such other address as may be designated in
writing, which notice of change of address shall be given in the
same manner.
26th: The Landlord covenants and represents that the
Landlord is the owner of the premises herein leased and has the
right and authority to enter into, execute and deliver this
lease; and does further covenant that the Tenant on paying the
rent and performing the conditions and covenants herein
contained, shall and may peaceably and quietly have, hold and
enjoy the leased premises for the term aforementioned.
27th. This lease contains the entire contract between
the parties. No representative, agent or employee of the
Landlord has been authorized to make any representations or
promises with reference to the within letting or to vary, alter
or modify the terms hereof. No additions, changes or
modifications, renewals or extensions hereof, shall be binding
unless reduced to writing and signed by the Landlord and the
Tenant.
28th. [Entire paragraph has been crossed out.]
29th. If any mechanics' or other liens shall be
created or filed against the leased premises by reason of labor
performed or materials furnished for the Tenant in the erection,
construction, completion, alteration, repair or addition to any
building or improvement, the Tenant shall upon demand, at the
Tenant's own cost and expense, cause such lien or liens to be
satisfied and discharged of record together with any Notices of
Intention that may have been filed. Failure so to do, shall
entitle the Landlord to resort to such remedies as are provided
herein in the case of any default of this lease, in addition to
such as are permitted by law.
30th. [Entire paragraph has been crossed out.]
31st. [Entire paragraph has been crossed out.]
Subject to the terms of the Lease Rider, annexed hereto and made
a part hereof.
The Landlord may pursue the relief or remedy sought in any
invalid clause, by confirming the said clause with the provisions
of the statutes or the regulations of any governmental agency in
such case made and provided as if the particular provisions of
the applicable statutes or regulations were set forth herein at
length.
In all references herein to any parties, persons, entities
or corporations the use of any particular gender or the plural or
singular number is intended to include the appropriate gender or
number as the text of the within instrument may require. All the
terms, covenants and conditions herein contained shall be for and
shall innure to the benefit of and shall bind the respective
parties hereto, and their heirs, executors, administrators,
personal or legal representatives, successors and assigns.
In Witness Whereof, the parties hereto have hereunto set
their hands and seals, or caused these presents to be signed by
their proper corporate officers and their proper corporate seal
to be hereto affixed, the day and year first above written.
X. X. XXXXXX SUPERMARKETS V, INC.
Signed, Sealed and Delivered
in the presence of
or Attested by BY: XXXXXX XXXXXX Landlord
BROAD NATIONAL BANK
XXXXXXX XXXXXX, SECRETARY BY: XXXXXX X. XXXX, CEO Tenant
XXXXXXXX XXXXXXXXXX,
ASSISTANT CASHIER
RIDER TO LEASE AGREEMENT
Dated this 20th day of April, 1995 by and between
X.X. XXXXXX SUPERMARKETS, V., INC., (Landlord)
and
BROAD NATIONAL BANK (Tenant).
This Lease Agreement is amended pursuant to the terms of
this Rider. In the event any term of the Lease shall conflict
with any term of this Rider, the term (s) of this Rider shall
control.
Paragraph 4 is amended to add the following:
Landlord consents to the installation of an air-conditioning
unit in the Tenant's demised premises at Tenant's expense.
Paragraph 5 is amended to add the following:
Landlord shall not unreasonably withhold consent to signage
requested by Tenant. Tenant shall not have any signage in the
windows.
Paragraph 6 is amended to add the following:
Landlord shall provide Tenant with a separate electric meter
for the leased premises.
Paragraph 7 is amended to add the following:
Landlord represents that occupancy of the leased premises by
both Landlord and Tenant has been approved by the Municipality of
Kearny.
Paragraph 9 is amended to add the following:
Tenant shall have the absolute right to assign this lease to
any successor in interest.
Paragraph 11 is amended to add the following:
Any mortgagee requesting a subordination agreement from the
tenant shall provide tenant with a letter of non-disturbance and
quiet enjoyment.
Paragraph 12 is amended to add the following:
In the event of condemnation proceedings, Landlord shall
indemnify Tenant for the costs of Tenants fit-up based upon a
five (5) year amoritzation.
Paragraph 14 is amended to add the following:
Landlord shall furnish written notice to the Tenant of any
breach and afford Tenant a reasonable opportunity to cure such
breach.
Paragraph 15 is amended to add the following:
Landlord shall make a good-faith effort to give Tenant prior
notice of any need for access to the demised premises.
Paragraph 25 is amended to add the following: All notices
shall be as follows:
If to Landlord:
X.X. Xxxxxx Supermarkets, Inc.,
000 X. Xxxxxx Xxxxxx,
Xxxxxx, Xxx Xxxxxx; with copy to
Xxxxxxx Xxxxxxxxxx, Esq.,
000 Xxxxxxxxx Xxxxxx,
Xxxxxx, Xxx Xxxxxx 00000.
If to Tenant:
Broad National Bank
ATTN.: Xxxxxx X. Xxxx, CEO
000 Xxxxx Xxxxxx
Xxxxxx, Xxx Xxxxxx 00000; with copy to
Xxxxxxx X. Xxxxxxx, P.A.
000 Xxxxxxxx Xxxxxx
Xxxxxx, Xxx Xxxxxx 00000
Paragraph 26 is modified as follows:
The Landlord covenants and represents that
the Landlord (Seabra) is a sub-tenant under a
certain Agreement of Sublease dated January
25, 1995 by and between Seabra (Sub-Tenant)
and The Great Atlantic & Pacific Tea Company,
Inc. (Sub-Landlord). Pursuant to the terms
of said Agreement of Sub-Lease, Seabra
warrants that Seabra has the right and
authority to enter into, execute and deliver
this Lease with Broad National Bank; and does
further covenant that Broad National Bank,
upon paying the rent and performing the
conditions and covenants herein contained,
shall and may peaceably and quietly have,
hold, and enjoy the leased premises for the
aforementioned term, together with the term
(s) provided by the exercise of any automatic
renewals hereunder.
Seabra shall indemnify and hold Broad
National Bank harmless from any and all
damages sustained by Broad National Bank as a
result of the breach or default by Seabra
under the terms of the aforesaid Agreement of
Sub-Lease. In the event of any breach or
default by Seabra under the terms of
aforesaid agreement of sub-lease, Seabra
agrees to reimburse Broad National Bank for
its costs of fit-up which costs shall be
amortized on a 5 year basis.
Seabra shall, upon execution of this Lease,
shall request letters of non-disturbance and
quiet enjoyment from both The Greater
Atlantic & Pacific Tea Company, Inc. and from
Xxxxxxx Xxxxxx, et als. co-partnership.
Paragraph 32. AUTOMATIC RENEWALS:
There shall be two (2) automatic renewals of
this lease for terms of five (5) years each.
a) The "first automatic renewal term" shall
commence on April 1, 1995 through March 31,
2005. The monthly rent during the "first
automatic renewal term" shall be $4,375.00.
b) The "second automatic renewal term" shall
commence on April 1, 2005 and continue
through March 31, 2010. The monthly rent
during the "second automatic renewal term"
shall be $5,250.00.
c) Each automatic renewal term shall become
effective unless the Tenant shall inform the
Landlord of Tenant's intention not to renew
at least ninety (90) days before the
commencement of the renewal term. All terms
and conditions of this Lease shall remain the
same during such period of automatic renewal
except for the rental increases provided
herein.
Paragraph 33. Tenant's employees and agents shall during
the term of this Lease and any automatic renewals thereof, have
the right to conduct promotions and to develop business from
Landlord's customers in Tenant's premises, Landlord's premises
and in the common areas, provided that such activities do not
materially interfere with the conduct of Landlord's business
operations. Tenant shall have direct access to and is authorized
to utilize Landlord's public address system for Tenant's
marketing purposes.
Paragraph 34. Landlord shall be responsible for the
maintenance of the building, parking area, sidewalks and common
areas. Tenant shall be responsible for the maintenance of the
equipment and fixtures installed by Tenant.
Paragraph 35. Landlord agrees that, during the term of this
Lease and any automatic extensions thereof, Landlord shall
neither lease to nor otherwise allow any other bank, savings and
loan, credit union, or other financial to utilize any portion of
the premises located at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxxx.
Tenant shall have the exclusive right to install and operate
Automated Teller Machines (ATM's) on the leased premises.
Paragraph 36. Landlord shall provide Tenant with means of
emergency access to the premises on a twenty-four (24) hour,
seven (7) day a week basis.
Paragraph 38. In the event that Landlord shall implement a
Bank Card or other automated payment system in Landlord's
supermarket operation, Tenant shall have the right of first
refusal to contract for such services. Tenant shall have 90 days
from receipt of the proposed contract to accept the terms of the
proposed contract. In the event that Tenant shall fail to accept
the proposed contract within said 90 day period, this right of
first refusal shall be deemed void. The contract shall be
presented pursuant to the notice provisions of paragraph 25.
Paragraph 39. Landlord represents that it does not have any
authorization to record its sublease agreement with A & P and
accordingly, Landlord is unable to authorize Tenant to record
this lease.
ATTEST: X.X. XXXXXX SUPERMARKETS V, INC.
BY:
XXXXXXX XXXXXX, SECRETARY XXXXXX XXXXXX, PRESIDENT
ATTEST: BROAD NATIONAL BANK
BY:
XXXXXXXX XXXXXXXXXX XXXXXX X. XXXX
ASSISTANT CASHIER CHIEF EXECUTIVE OFFICER
