Preview
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GERALD POSS, P.A. - 214951965
58 Vose Avenue
South Orange, NJ 07079
(973) 762-6400
Attorney for Plaintiffs
Our File No. 7386.001
SUPERIOR COURT OF NEW JERSEY
DANIE RESTAURANT LLC, LAW DIVISION - ESSEX COUNTY
ODANIE FOURRIEN and PIERRE DOCKET NO.
ALPHE
Plaintiffs, Civil Action
YS.
COMPLAINT AND JURY DEMAND
SADIAN GRIFFIN and ASHMAN
GREEN,
Defendants.
Plaintiff, DANIE RESTAURANT LLC, having its principal place of business at 60 Park Street,
Orange, NJ, by way of Complaint against Defendants, say:
FIRST COUNT
1 Plaintiff, Danie Restaurant LLC, is N.J. Limited Liability Company which owns and
operates a restaurant business as a Tenant in Defendants” two unit building located at 60 Park Street,
Orange, NJ.
2. Plaintiffs tenancy rights to occupy and possess said commercial restaurant space
commenced on July 25, 2018, upon the parties full execution of a 17 page written commercial lease
agreement and a 3 page addendum to lease. A copy thereof is annexed hereto as Exhibit A.
3 Said lease agreement provided for Plaintiffs to pay $2,700 per month for the first year lease
term and an additional $50 per month increase for each of the remaining four years of the initial term.
4 Said lease agreement gave Plaintiff the option to renew for an additional five year term, as
ore particularly set forth in Article II, Provision 2.5 of the lease.
5 When the written lease was drafted, it was contemplated that the lease would be signed on
1
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June 15, 2018. Consequently, Article 1, Provision 1.7 of the lease provided that the commencement
date would be July 1, 2018 and continue for 60 months and end on June 30, 2023.
6 Due to continued negotiations of the terms of the initial 17 page lease, the parties negotiated
an Addendum to Lease which was fully executed on July 25, 2018, along with the initial 17 pages of
the lease. Paragraph 5 of the Addendum to Lease set forth that the lease commencement date would
be the first day of the month following the date the Lease and Addendum were fully executed. Given
that the Lease and Addendum were fully executed on July 25, 2018, it follows that the Lease
commencement date should be August 1, 2018, and that the Lease should be reformed to change the
Lease commencement date to August 1, 2018, and change the Lease termination date for the first five
year term to 7/31/2023.
7. Plaintiff was current with payment of rent and additional rent on 5/31/2023, the date upon
which Plaintiff served written notice upon defendants that Plaintiff had exercised its lease renewal
option for an additional five year term.
8 Defendant landlord accepted the 5/31/23 lease renewal notice without protest; and thereafter
accepted and deposited Plaintiff's monthly checks for payments of rent for the months of June, July,
August, September and October 2023.
9. By letter from Defendant’s attorney dated 8/14/23 and addressed to Plaintiffs attorney and
accepted as service, Defendants, as landlord, purported to serve tenant with a Notice terminating the
lease on October 31, 2023. A copy of said letter notice is attached hereto as Exhibit B. Plaintiff's
cured all defaults mentioned therein, rejected said notice of termination, and kept on tendering rent
payments for September and October.
10. By letter from Defendant’s attorney dated October 12, 2023, Exhibit C hereto:
a) Defendants sent their own checks to Plaintiff constituting Defendants’ return
of the $500 additional security deposit Plaintiff had paid for the additional
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renewal 5 year term, and the $2,950 rent payment Defendant’s had received
and accepted and deposited as rent for the month of October 2023; and
b) Ms. Lawrence stated: “your clients are holdover tenants, and their lease was
terminated as of September 30, 2023.” Said 9/30/23 termination date
contradicted the 10/31/23 lease termination date established in Defendants
prior 8/14/23 purported notice terminating the lease (Exhibit B).
11. Plaintiff contends that the Defendants 8/14/23 first notice terminating the lease on 10/31/2023
was defective as a matter of law; and, further, that Defendants’ second letter of October 12, 2023,
amended the original 10/31/23 lease termination date to 9/30/2023.
12. In the event that the Defendants’ landlord’s lease termination notice is deemed valid and
enforceable, the lease termination date would be 9/30/2023, as established by Defendants’
10/12/2023 notice. By accepting and depositing Plaintiff's rent payment check for the month of
October, 2023, Defendants invalidated their lease termination notice because they accepted rent for
the month after their 9/30/2023 lease termination date,
WHEREFORE, Plaintiff seeks a declaratory judgment that: a) Defendants’ 8/14/23 “Notice
to Quit/Demand for Possession/Termination of Lease Agreement” is void and of no effect; and
b) that Plaintiff's five year lease option renewal is in full force and effect and binding, and that the
lease, as extended, remains in full force and effect for the remainder of five year extended, and such
extension thereof which would result from Plaintiff's exercise of its second renewal option.
WHEREFORE, Plaintiffs seek a declaratory judgment:
a) That the parties commercial lease agreement: Restaurant is in full force and
effect; and
b) That Article I, #1.7 of the lease is reformed to establish a lease signing date of
July 25, 2018; and Article I, #1.8 is reformed to establish a lease
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commencement date of August 1, 2018; and Article I, #1.11 is reformed to
establish the initial lease end date of August 1, 2023; and
°) That Plaintiff shall have the right to exercise a second renewal option for the
five year term commencing August 1, 2028; subject to the terms of Article II,
#2.5 of the lease.
SECOND COUNT
LANDLORD’S BREACH OF L E
1 Plaintiffs repeat and reallege the allegations of the first count and incorporates them herein by
reference,
2 Paragraph 11 of the “Addendum to Lease” modifies paragraph 7.1 of the lease by stating
«.., that the tenant shall not be responsible for the repair or maintenance of the roof, exterior walls,
interior pipes, the foundation, and the exterior of the property...”
3 The roof on Plaintiffs business restaurant leaks each time it rains, and/or when snow/ice
on the roof melts, causing consequential interior damage to Plaintiffs restaurant.
4 Defendants have failed and refused to repair said roof to prevent further leaks, despite their
obligation to do so pursuant to the terms of #5 of the addendum to lease. Plaintiff has been damaged
as a result.
5. Defendant has also refused to allow Plaintiff’s plumber the right to install a water meter
which was granted to Plaintiff tenant pursuant to #13 of the Addendum to Lease. As a result,
Defendant has continued to bill Tenant for a proportionate share of the buildings monthly water bill,
notwithstanding that Defendant has refused to provide a copy of the water bill to support its
calculation. Consequently, defendant has wrongfully alleged that Plaintiff has breached the lease by
failing to pay its proportionate share of the water bill, notwithstanding the fact that Plaintiff has
failed and refused to provide plaintiff with a copy of the water bills upon which Defendant calculates
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the water bil] amount for which she demands payment. In addition, Defendant failed to pay the water
bill, causing Plaintiff to be without water. As a result, Plaintiff paid the water bill so as to have water
for its business operation.
6. On or before 8/11/23, Plaintiff had hired an electrical contractor, at Plaintiffs expense, to
come to the store’s premises to install an auxiliary through the wall air conditioning unit to
supplement the insufficient air cooling system for the restaurant.
7. On 8/11/23, Defendant Ashman Green, as co-owner or partner with, husband of, and/or agent
for defendant Sadian Griffin, physically prevented said contractor from entering the building to
connect the electricity to said air conditioning unit, and physically assaulted the Plaintiff's contractor
by threatening him and chasing him with a machete.
8 Co Plaintiff Odanie Fourrien personally witnessed this incident and was in harms way and
feared for her own life and the life and safety of her contractor when Ashman Green chased the
contractor with the machete. The Defendants conducts as set forth above, together with other similar
acts, have damaged Plaintiff by depriving Plaintiff of the leasehold right to occupy and use the
demised premises for its purpose; and has caused Odanie Fourrien emotional distress and physical
and emotional damage.
9 In early 2023, Plaintiff, at its own expense had painted the exterior walls of its premises in a
blue color so as to improve the building’s appearance and match the restaurant’s interior decor.
Thereafter, Defendant, without notice, and without right, painted over the blue color with a color that
did not match the color of Defendant's store premises. This act, together with other petty and similar
acts, were done for spite and harassment purposes so as to intimidate Plaintiff and force Plaintiff to
give up its renewal rights and vacate the premises.
10, Article XVII, Quiet Enjoyment, Section 18.1, on page 13 of the lease, contains Landlord’s
covenant that “... tenant will peaceably and quietly hold and enjoy the property for the term hereby
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demised without hindrance or interruption by Landlord or any other person or persons lawfully or
equitably claiming by or through or under contract.”
1. Defendants’ conduct, as alleged, constitutes an intentional violation of Plaintiffs’ right to
quiet enjoyment of the premises, as well as intentional interference with Plaintiffs business
opportunity and operation, committed maliciously by Defendant for the purposes of intimidating
Plaintiffs and causing Plaintiffs to leave the premises instead of exercising Plaintiff's lease renewal
option,
12. Plaintiffs seek judgment permanently enjoining Defendants from harassing Plaintiff and its
agents and principals, and from violating Plaintiff's right to quiet enjoyment of the demised
premises; and for damages.
WHEREFORE, Plaintiff DANIE RESTAURANT LLC, together with ODANIE
FOURRIEN and PIERRE ALPHE, demand judgment against Defedants, jointly and severally, for:
a) Compensatory damages
b) Punitive damages
°) A permanent Injunction enjoining and restraining Defendants and their agents
from:
1) harassing Plaintiffs and their agents; and
2) interfering with Plaintiff’ s right to quiet enjoyment of the
demised premises.
d) An award of counsel fees
e) Such other and further relief as is just
JURY DEMAND
The Plaintiff hereby demands a Trial by Jury as to all issues.
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ASSIGNMENT OF COUNSEL
The Plaintiff hereby assigns Gerald Poss, Esq., as trial counsel in this matter.
CERTIFICATION
I hereby certify that Defendant has a pending Landlord Tenant Complaint filed under Docket
#LT-025386-23 against Plaintiff. I further certify that there is no other party who should be joined in
this action.
GERALD POSS, P.A.
Attorney for Plaintiffs
BY: Mente
GERALD POSS
Dated: February 26, 2024
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Exhibit A
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ODAMIC vine
8L1.-930 -226
COMMERCIAL LEASE AGREEMENT: RESTAURANT
THIS RESTAURANT LEASE AGREEMENT. (Lease) made and entered into on June 15, 2018,
by and between Mr. Ashman Green & Mis. Sadian Griffin Husband & Wife, (‘Landior
d”) and
Louis Kenson Mael, Sole Proprietor ("Tenant’), on the following terms ard conditions:
ARTICLE |. FUNDAMENTAL LEASE PROVISIONS
1.4. RESTAURANTS NAME: Danie Restaurant / American ~ Spanish ~ Caribbean Food
1.2, LEASED PREMISES: 60 Park Street Orange New Jarsey
1.3. TENANT'S NAME AS IT APPEARSON LEASE, ADDRESS AND PHONE: Danie
Restaurant, 1053 Sandford Avenue, Irvington, NJ 0714 4; (862). 219-3148
1.4. LANDLORD'S NAME AS IT APPEARS ON LEASE, ADDRESS AND PHONE: Mr, Ashman
Green & Ms. Sadian Griffin, 739 Sprit igdale Avenue East Orange, New Jersey, fielephone
number of landiord]
1, MANAGER: name}, laddress of miahager], [telephone number of. manager}
NOT
APPLICABLE
1.6. SQUARE FOOTAGE LEASED: fnurnber of squaré feet} 2399
1.7, DATE LEASE SIGNED, June 15, 2078
1.8. DATE LEASE COMMENCES: July 4, 2078
1.9. DATE RENT COMMENCES: First (4*') of each month, with Grace Period up until the fifth
(eB) of the month. Any rentand taxes paid after th e fifth (5") of the month will resultin a
:
10% late fee.
1.40. INITIAL LEASE TERM: 60 months
1.11. INITIAL TERM ENDS: May 34, 2023
1.12. BASE RENT: $2,700.00
4,43: RENT INCREASE FORMULA:
@ $50.00 per Month Eath New Year
1.14. UTILITIES: All utilities will be paid by Tenant either prior, or when due
1.15. REPAIR & MAINTENANCE RESPONSIBILITIES: AH maintenance and repairs to be paid
by Tenant.
4:16. INSURANCE COVERAGE REQUIRED: $1 Million Accident; $1 Million Property Damage; $1
Miltion Injury :
1.17. RENEWAL OPTIONS: fwo-terms of 60 months each.
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1.18. CONSENT REQUIRED FOR: Assignment or subletting and physical changes to
structure in writing
ARTICLE Hl. GRANT, TERM AND OPTIONS TO EXTEND
2.1, LEASED PREMISES. Landlord demises and leases to Tenant, and Tenant leases from
Landlord:
A. The building outlined in red on Exhibit [NOT APPLICABLE] (as well as the area of the building
to be expanded by Tenant) and referred to as. (the “Leased Premises” or the Premises), which
is located on the real property legally described in Exhibit [designation of exhibit} attached to this.
Lease. The Leased Premises consist of approxitiately 2399 square feet.
B. Thé Property. Included in the items covered by this Lease are the furniture, fixtures and
equipment (referred to as FF&E) presently located on the Premises which have previously been
conveyed fo Landlord and which are described in Exhibit (ExhibitA] attached to and
incorporated in this Lease by this reference. Landlord acknowledges that Tenant may treat the
FF&E as-its.own in that it may use and mainiain-any portion of same.
2.2. CLOSING AND POSSESSION DATE, Landiofd must deliver possession of the Premises to
Tenant in accordance with the Agreément Regarding Assignment of Purchase Contract
béiweéeh the parties dated NOT APPLICABLE,
2,3, COMMENCEMENT OF RENTAL. Tenant's obligation to pay rent will commence the day the
Tenant takes possession of the Premises.
2.4. LENGTH OF TERM. The term of this Lease will be for a periad of 60 months, commencing
with the comniencement date determiried in accordance with the térms of the Rider if that date
occurs onthe first day of a calendar month. If the commencement date is other than the first day
of the month, the-first year of the lease terfn will be deemed to. be extended to indlude such
partial month ‘arid thé following twelve months, so as to‘end on the jast day of the. month.
2.44, BACKGROUND CHECKS. The landlord reserves the right to conduct backgtound
investigatioris arid/or checks on the tenant, the sub-lessee, assigies, the corporation or any
other business entity, Therefore, the instant commercial lease is. contingent upon a campletion
of such a background investigation and/or reference chéck, if any.
2:5. OPTIONS TO. RENEW. All previous unpaid late fees, and rental increases that have not
been paid shall bé current, with interest of 10% (compounded or overall), and considered
additional rent, before any new lease is‘ executed. Additionally, provided Tenant is not in
material default urider this Lease, Tenant will have the option 16 extend the term of thé Lease
for two additional terns of sixty (60) months each on the same terms and conditions contained
in this Lease, except the fixed minimum monthly rental will be as specified in the Section 1.12,
above. To exeréise its option urider this Leasé, Tenant must deliver notice of the election to
Landlord at least 20 days prior to the expiration of the then existing term af this Lease. If Tenant
lects not to exércise an option to extend under this Lease, Tenant will déposit a sum equal
to fwo (2) months rent with Landlord sixty (60) days priorto the expiration of the current term.
This amount is:intended as a security deposit and will be returned to Tenant no later than. thirty
(30) days from delivery of possession of the Premises to Landlord, les. any amounts lawfully
retainable by Landlord as a result of darnage to the Property.
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1.18, GONSENT REQUIRED FOR: Assignment or subletting and physical changes to
structure in writing
ARTICLE I. GRANT, TERM AND OPTIONS TO EXTEND
2.1, LEASED PREMISES, Landitrd defnises and leases to Tenant; and Tenant leases from
Landlord:
A. The building outlined in.red on Exhibit [NOT APPLICABLE] (as well as the area of the building
to be expanded by Tenant) and referred te as. (the “Leased Premises" or the Premises), which
is. located onthe real property legally described im Exhibit designation of exiibif] attached to this.
Lease. The Leased Premises consist of approximately 2999 square feet.
B. The Property. included in the items covered by this Lease are the furniture, fixtures and.
equipment (referred to. as FF&E) presently located on the Premises which have previously been
conveyed 16 Landlord and which are described in Exhibity2xhibitA] attached to and
incorporated In this Lease by this reference: Landlord. acknowledges that Tenantmay teat! the
FP&E as its.own int that it may use-and maintairany portion of same.
2:2, CLOSING AND POSSESSION DATE. Latidiotd must deliver posséssion of the Preniises to
Tenant in accordance with the Agreement Regarding Assignmentof Purchase Contract
beéaweéeli the parties dated NOT APPLICABLE,
2,3. COMMENCEMENT OF RENTAL. Ténarits dbligation to pay rént will commerce the day the
Tenantifakes possession of the Premises.
2.4. LENGTH OF TERM: Thé term of this: Lease will be for'a:patiod of 60: months; comméricitig
with the com eeifientdaté determined in adcordance with the tertns of the Rider if that date
avours on the-firet day of a'calendar montt, If the commencement date is atherthan ihe first day
of thé month, the-first year of the lease-term will be deemed to-bevextended ta ide. such
partial month aid the following twelve moths, so ag-to-dnid on thelast.day af ihe month.
2.4A, BACKGROUND CHECKS. The landlord reserves the right to conduct background
investiga s and/or checks-en the tenant, the sub- assignee, the corporation or any
Other business: entity, Therefore; the instar ivi dase ip Gantingent ypen a cdmpletion
‘of such a background investigation and/or reference check, if any.
2:5, OPTIONS TO RENEW. All previous unpaid late fees, anid ferital increases: that have net
been: paid shail be current, with interest of 10% (compounded
or overall), andconsidered
additic rent, before any new-lease is exeeuted. Additionally, provided Tenant is riot ih
maiérial default uridér this Lease, Tériant will have the ‘option to extend:the terrt.of the Lease
for tive additional tertvis of sixty (60) months each on the sametenns and conditions contained
in this. Lease, exceptthe fied minimum manthly rental will bs as.specified th the Section 1.12,
above. To exercise ifs option underthis Lease; Tenantmust deliver notice’of the election to
Landlordat leas! 90 days prior fo the expiration of the'ttien existing termi of this Leage: If Tenant
elects hot to. exercise an optiori to extend under this Lease, Tenantwill deposit astm equal
to fa.(2) months rent with Landiord sixty (60) days prior to the expiration of the qurtent term.
This amourit is:intended as a security deposit and will be returned:ta Tenarit'no later than thirty
(30) days trom delivery of possession of the 'Premises-to Laridlord, less-afy amourits lawfillly
retainablé by Landidrd as a resist of damage 'to the Property,
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ARTICLE. RENT
3.1. ANNUAL RENTAL. Annual rental under this Lease will be.as set forth in Section 1.12, above
and is payable:in: equal rionttily installments, in advance, om the first day of each and-every
month throughout the lease tern at ihé Offiee. of Landlord,:as set forth in Section 4.5 ofthis
Lease, or at such other place desigriated by Landlord, Without prior demand, Base rental for any
fractional: ith will ‘be prorated and payable in advanwe. [Monthly rental will commerce on the:
date-of the closing referenged in 2.2, above - NOT APPLICABLE.
3.2. TAX AND INSURANCE ADJUSTMENT. Tenant must, for each Lease Year, pay Landlord real
estate laxes and assesemenie and-all insurance for the Prop: ‘a8 additional rent. Landiord
must notiiy Tenant of th ountof such assessment arid Tenant titist pay Landldrd:such
amounts within Thitty(30) days from the date of nofice-to it by Landiofd. Additionally, with
respect to taxes: Tenant to pay 40% of the: Se of the yearly taxes, as additional monthly
se Year 2017 Taxes $30,189.96 (subject to change otice 2018 tax amourits become
|. Monthly amount due dateis sanie-as rent due-date.
A.sight fo Contest Assessments, Tenant may, at its expense, gontest any and all:suct real
estate taxes in the narie of and on-behalf-of the Laridiard.
8. Municipal, County, .State-or Federal Taxes: Before delinquency, Tenant must pay all municipal,
county and Stateor federal takes agsessed against any leasehold interest of Ter any:
litres, furnishirigs, equipment, stockin-trede or other personal propeltyof any Kind owned:
installed or-used.in or on the Property.
G, Rettal Taxes. Teriant wil not be resporisible-for any income, inheritanceof estate taxes
imposed on Landlord orthe income-cf-Landlord
ARTICLE IV. CONDITION. OF PREMISES AT COMMENCEMENT OF LEASE
AND CLEANING AND REPAIR OF LEASED PREMISES
44, LANDLORD'S AND TENANT'S WORK, The- obligations of Landlerd-and Tenant with respect
fo.the construction and imp hthe Property riust if Aederdanse with tie provisions.
of Exhibi ionOF ex) Bit ork by Landlord and Tenant must’comiply with all.
applicable S, OFF , egulations, ard codes. Tenantto have a 30-day rent
concession for renovaition and. remodeling.
4.2. ACCEPTANCE OF LEASED PREMISES, Landlord and Tenant warrant and represent, each
to thé other, thatthe we cath made irivestigatioris toncetning the condition ofthe.
Property including, without limitation, the environmental conditisn of thé Property, and'thatthey
have disclosed: exch to the other, all resulis of such Investigations, as well ae’ anyother
information each may have whiet is relevantte the condition ofthe Property. Subject to such
representations, the occupancy by Tenant of the Property will be deemed tobe an acceptance:
oFiE
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ARTICLE V. CONDUGT OF BUSINESS BY TENANT
5.1, USEOF PREMISES. Tenant will use the Leased Premises for the purpose of a “Take Out’
and “Sit Down” American~Spanish~Carlbbean Restaurant, The foregoing language
holwithstanditig, Tenaitt will ot GoMductin the Premises:aisecond hand store, auction, distress
or fire sale.or bankruptey or going-ouit-df-business sal, fopless bar or restaurant, adult movie or
book store; or any business in violation of the idwe-of tite Liifed States of Ameri the Stateof
‘New Jersey, or the orditances, regulations and fawful requirements. of City of Orange
‘Township, or-other lawful authorities having jurisdiction over the:Premises, inany-event,
Teoant's initial use:of the Premises raust ba 48 Danie Restaurant ~American~Spanish~.
Gatibbean, The foregding notwithstanding ant Must ref use the Premises for any operation
piltrarilyused as a storage warehouse eperation, or ary asseribling, Mahufacturing, refining,
Shieltitig, agricultural er mining operation; for any durnping, disposing, incineration, or redu on.
of garbage. (exclusive of, rbagé compactors located near the rofal building); for any: lying
quarter, sleeping apartments, or lodging rows; for any veterinary hospital or animal raising
facilities forany establishment selling or exhibiting pornographic materials: cr dfug fetated
paraphernalia; flea market, or any other purpose not directly related to the operation: of a
Ameridan-Spanish~Caribbéan restaurant,
ARTICLEVI. SIGNS, ALTERATIONS, ADDITIONS AND: IMPROVEMENTS
6.4, ALTERATIONS, ADDITIONS. AND [MPROVEMENTS, Afterih nitial renovation ar’
remodeiing of the: Premises, Wwihich. must be in substantial coi lanes with the plans and:
specifications approved by Landlord and attached to and invorporated 16 this Lease by this
fSféretiog as Exhibit Ténant:to show plans and.speciiivation-for space for Landlord approval.
‘Tenant must not, without Landlord’ for Written consent, eith take or cause'to b adé-any
alterations, additions, or improvements;to tte Property st to any exterior signs, shades,
awnings which in-any tance involve a cost. Tenant to show plane and.
‘Spéeifiéation for'signs, shades or awnings:
Landiord's.consent will Hatbe unreasonably withtield$6 ldtig ds the alterations donot diminish
the value-of the Property, it being the understandirig'and agreement of the parties that
aiBratidns-oF MOdiIeatIANS Which are consistent witha commercial use of the Property or the
Premises will notibe:deemed to edupe the value of'the Property. Inthe everit’kandlord's
éorsent is required under this Section-6:4, Te iMUSE Plans and specifications for
sucht work to Landlord at the!time approval Ught, and priorto: commencement of
canstiuction. Tenant shall obtaitt landiord’s prior approval in writing,.
As afurther.condition to Landlord's consent to-alterations, additions, or improvements, Tenant
Must, AS required or permitted’by New Jersey law, advise:all- subcontractors, suppliers,
Mmaterialmen, and laborers injwritifig tat they will nef have the right 10 file a Mechante's. Lien
against the Property owned by the Landlord. The Tetvanl agrees to hold the Landiord har
fron -any-and all liabilitiesof every kind and description that may-atisé out of or be connected
any way with the alterations; additions, or improv . Before commencing any work in
connection with alterations, additions, orimprovei the Tenant, Frequésted by Landlord,
andhonly in thods instances when Landlord's consent equired under this Lease, must furnish
the Landlord with certificates of insurance, within thidy G0} days in advance; fromall,
coniracters performing labor or furnishing mate! insuring the Landlord, against Itabilities:
whioh-are customartly covered by such Jnsurarice and which may arise out of or be connected in
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any way with the additions, alterations, of iniprovemenits, éxcept suct liabilities as may atise
from the negligent act or failure to act of Landiord, its agents, representatives, eriployees or
servants.
6,2. TENANT MUST DISCHARGE ALL LIENS. Tenant must promptly pay its contractors and
materiaimén for all work dene end performed for Tenant, so as to-prevent the asséition or
imposition of fens on 6? against tie Property, ahd shduld:any-suctt lien be asserted or filed,
Teréntinust bond againstor discharge the same within (number of days} business days after
writter. request by Laridlord.
6.3: SIGNS, AWNINGS, CANOPIES, BILLIARD TABLES: AND SATELLITE DISHES. Tenant will
not, without Land ior written corisetit, plact or suffer to'ba placed or niaintained on any
exterior door or wall of thé Leused Premises, any sign, awning, or canopy, or advertising matter
or offier thing of any kind. All:signs, awnings, canopies, decorations, lettering, adver
maiter; or other thing so installed by Tenant will at all tities be inaifitained by Tenant, at its
expense, in Good condition and repair. Tenant rust present
plans dnd specifications forary of
the abavé signs, awnings ahd canopies te Lahdiord at the time approval is sought, and priorto
insiailation. Tenantshall’ ain tandiord’s prior approval in-writing.
scat
fe is the understanding of the patties that't@8eentialite Tenant that it utllize its customary
trade dtase on'thé Pramiges, which tratle dress has: been reviewed'and approved by Landlord,
in witing: Jn any event, Landlord will net object to any signs oradvertising matters that ere
of the local authority haying jurisdiction over sueh matters.
_ perinissible ander the rule
ARTICLE Vil. REPAIR AND MAINTENANCE OF LEASED PREMISES,
SURRENDER AND RULES
7A MAINTENANCE; REPAIR, AND REPLACEMENT BY TENANT. Tenant will be responsible for
all maintenance:-and repaii with respect to the Properly, includ ings without limitation ¢(a) the rook,
0
wails, foundation, and all structural paris; (b) the inter me Property, together pexterior
entrances;-all glass, window: mioldings; (c) ail foduirés,, pai sfiioris, interior cellings, floor
werings; and utility ines within the: Leased Premises; (d) all doors, coor openers, trade.
86, Sighs, afd appurtenances thereat; and, (e} igridsScaping,
equip arid ma
confetmity wilt: governmental regulations in good order,
ide lighting, and. pal
Goi fi, ahd repair, witht Tenant falling to-do gon ga default undef this Lease, if
Tenant refusesor hegletts Io commence 2 OF :6O! rS, ihaintenartce orreplacements
promptly and adequately, Landi fake or compl fe the repairs, maintenant eea Or
3
replagemants ad Tenant tus! pay the cost thereof io ‘Landlord on-demand.
7.2. SURRENDER OF PREMISES. Atthe expitation of the tenancy crated by this Lease, Tenant
Property, including all alterations, auditions, improvements, and
the: der
tnust pegceably surren
repairs made to the Properly (bit excluding all trade fixtures, decorations, furniture,
Squiipri signs, and other personal property installed by Tenat nt), brsom cléan.atid in
good soridition and repair, feasonabl ie-wear and tear and di éasially excepted. Tenant
mustremioveall its trade: res and any of its other pro] party:
i not requited to be surrendered to
Landlord before suttendetinig the Property as-eet forth al bey: @, and mustrepairany damagets
the Property caused by'su oh: removal. Any personal proper rly remiaining in the pretnisas after the:
expiration of the lease. iod and Tenant's vacalion of the Property will be deemed abandoned.
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by Tenant and Landlord may claim the same and will in.no-dircumstances have any liability to
‘Tenant therefore
ARTICLE Vill. INSURANCE AND INDEMNITY
8.1. LIABILITY INSURANCE. Tenant must, at its odst did expense, at all tiniés durihg the term of
thi Lease maintain bodily injury and property damiage liability intirarice covering the Praperty
from at omissions whieh are customarily insurable-by. Tena , ts employees, agents,
represéntatives, assigns, guests, Invitees, personsitr privity wil nant, or licensees. Such
insorance polly must bé written for notless than $1 lion datlar sifigle linit of liability for
tiske normally covered by comprehensive general liability insurenice for bodily Injury and
property: damage co! ined:with an-annual aggregate limit of not less than $1 million daliars,
and Finist inelude Landlord as an addifional insured.
Tenant must delivera cetlificate ofinsuratice to Landlord, which must also contain 4 thirty (Oy
days’ prior written. notice of cancellation provision. The liniis onthe Insurance must
reindéxed no more frequently:than once:every year'so-as to conform to the industiy standard
arid to the liniits cariied by otter Chinése-restaurarits in Essex:County, Such insurance must
be provided by a company or companies with af A.M. Best-rating of thot less than AiX, aiid
authorized to do business in the state of New Jersey.
‘Tenant must also maintain liquor Habllityor “dram shop” ingurance.as required ‘by laws NOT
APPLICABLE.
8.2. WAIVER OF SUBROGATION. Eact of the parties to this Lease-does hereby rélease.the other
party hereto frorn all fk iy for damiage dueto-any act or neglect of the-cther party (exceptas
provided below) occasioned to property owned by the parties whieh isor might be incident to or
the result of a fire:or any other casually against toss from which either ofthe parties is now.
earrying-or hereaiter may carry insurances provid: however, thatthe releases. con dd here
will not: apply’te any jose of dainagécocasioned by the willful acts. of eithenof the parties: t6-th US
Lease. The partis further covenant thatany insurance obtained on thelr respective properties
will contain’an appropriate provision whe! jasurance company-or conipariies consent(s)
to the mutual waiver of subrogation: s in this Segtion.
6.3, CASUALTY INSURANCE PREMIUMS: Tenantis-responsible for the maintenance of easuaity
InSUPanCE oA the Pro} and Lea Mises for full replacsitient value Of the iniprovements
iheteon, excluding from such coverage
the costof foctingsand fsundations.
8.4, INDEMNIFICATION OF LANDLORD: Tenant will indemnify and save harmless Landlord, its
agents and servants, from andiagainst any and all clainis, actions, damages, suits; judgments,
decrses, orders, liability atid expense ih connection with 168s of life, personal injury andor
damage to properly atising trot or aut of any rrerice ih, otror about the Property, orin the
eecupancy oruse by Tenant of the Properly or part-of'the Property; or ogcasioned wholly or
in part by any act or omission of Tenant, its-agents, coritfatters, émplayees, & nts,
subtenahts, guésts, invitees, persons ih privity with Tefiant, of concessionaire: whatsoever,
unless tha.samebe caused by the willful or ies act or failure to-act of Landlord its agents,
servaris, employees, of petsons or fims in rdiord.
8.5. INDEMNIFICATION OF TENANT. Laridiore agrees to hold harmless and indemnily Tenant
from-and agairist
ariy and all clatins, demands, damages, actions, sults, judgments, decrees,
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orders, and expenses arising out of or on account of any damage or injuries sustained or
claimed to have been sustained to any person or property in of on any ofthe common facilities
of the Property by any person whatsoever, unless thé saine 1s due to thé willful. or Hegligent act
orfailuité to act of Tenant, iis agetits,. servants, erployees, of persoits or fies in peivity with
Tenant.
&8. PLATE GLASS. Tenant must replace at its own expense-any and all plate-and other glass in
and about the Leased Premises damaged or broken fromany cauge whatsoever.
8.7. ADDITIONAL RENT. If Teriant dads Aot cortiply with its covenants made in this Atticle 8,
Laitdiond may eausé insurance as set for boveto be issued, in such event Tenant agrees to
pay as additional rent, the premium
fer such insurance on Landlord's demand.
ARTICLE IX. UTILITIES
9.4, UTILITY CHARGES. Tenant will be solely responsible for and prompily pay all charges for
heat, gas, sewer, electricily, of any ather utilityor se a8éd on or attributable to the Property
pay 60% of quarterly water charges (Payable on of before the invoice
However, Tenants
due date).
ARTICLEX. ASSIGNMENT AND SUBLETTING
40.1. CONSENT NOT REQUIRED: Tenarit may voluntarily, or by operationof law, assign this
Lease:in. whole or in part, and may sublet all or any part of the: Leased Premises with the prior
written consent
€ of Landlord, and the Guarantor remains liable ulder thé térmis:of the Lease. and
the. Guaranty.
40:3: TRANSFERS PERMITTED, inthe event that Landlord's consent is required, Tenant: must
imrediately notify Landlord in writing of Tenant's desire to sublet or assign this:-Lease, including
a.summary of thé proposed'terins, of a copy of atly offer, asthe case may be. Landlord will
Have thirty (30) days'to accept or reject the assignment or sublease,
Tenantis a corporation, and any sale, transter or other di sitionof 61% ar tore of the
corporate stoclewill be deemed ta ba-aii assignmanit. Notwithst ing the foregeing restrictions,
Fenantmeay:sublet all-or any portion of the Leased Premises oF Sigh to any:
this Lease
CATpe) ration which is: @-subsidiary of affiliate 5: more than bi nemsentage-annaurt of shares] % of
who shatés dreowned by, Tenant or by any Guararitor is Lease, without the-corsdni of
Lavidlord: Tithe event of sucht a transfer, Tenantwill nx ; Landlord otttie nama, address:and
phone sumber ofthe sub lessee or assigned, li addition, in thé svent of such @ transfer, Tenant
will remain Jiable-under the terms of this: Lease.
Danie Restévrant], the
Lavidlord acknowledges that Tenantis a wholly owned subsidiof ary
shates of whith are publicly tra dad. Sales.of stock via public tradi will not be deemed a “sale,
iransfer-or other dispesition’ with in the Hieaning of this AttieléX. Further, Tenant maysublet all
er any portion of the Leased Premisés, or assign this Lease; to any corporation or ather- entity
Wihiclris @ subsidtery of, or more.than [percentage amount oF: reaps of whose: shares are
ft
owned by and which ts coritrofi ed by, Tenant or (Da nie, Restaurant), withioutthe consent of
Landlord. In the event of such a tranefét, Teriatitwill notify Landlord of the-name, address and
phone-number: of thé sub essee.or assigned: In-adk ion, in theevent of such a transfer, Tenant
will remain fiablé t6 Landlord under the terms of this Lease for the parformnatice by the suk:
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lessee or assignes. Any assignment, subletting, friortgagitg orhypothecation permitted under
this Lease or to which the. Landtord has consented must bé by written instrument under which
the assignes, or sub lessee will agree for the benelitof. Landlord to be bound by aid té. parform
this Lease.
10.3. TRANSFERS BY LANDLORD. Landlord will fiave ‘tlie right to sell; convey, transfer ‘or assign
all orany part of its interest in the-real property and the buildings of which thé Property are-a
part or ifs interest'in this Lease. All:.covenants and obligations. of Landlord under this Léase,
except those already in-existencs:on the date of cohveyatice, will céase onthe a¥eciltion of
such soiveyarice, transfer or assignment, but such cevenants and obligations:will run with the
land and.be binding onthe subsequent owner of éwners theréof or ofthis Lease, All obligations
incurred: or 'in existence pridr to the date. of trarisier
will survive the tansferand remain thé
obligation of L.andiord,
40.4. NO RELEASE OF GUARANTOR: Any warding Oi iiriplidation in this Legse to the.contrary
notwithstanding; any assignment or sublettitig unde this Article X.willnot operate t release or
Waive'the obligations of Tenant or any Guarantor under this Lease,
ARTICLE XI, WASTE, GOVERNMENTAL REGULATIONS
414. WASTE OR NUISANCE, Tenant must not commit-or suffer fo. be sararnitiet any Waste on
the Property.
14.2. GOVERNMENTAL REGULATIONS. Tenant must, atlts sole cost and expensd, coniptywith
all of the requirements. pertaining to the operation of its business as imposed by county,
municipal, st }, fadleral alig athé-applicablé governmental authoriiies, now in force or- which
may hereatter bein force; provided, however, requirements Imposed on'the Pro ‘th general
or the Leased Premises in general, and:not required because of the nature of Te
busitiess; will be.complied with at the cost-of Landiord. The foregoi language notwithstanding,
Tenantagrees that any requiremettts ofthe. A 1 With Disabilities Adi 42UL8.6.A. §§
12407 et seq) will be met at Tenant's skpense; likewiss, 4 requiremerit imposed att the
Property. in gerieral ot tte Leased’ Premises. in general, and not imposed.bedause of the nature:
of Tenant's bysiness,. but compliance with which is triggered by a juest by Tenant te remodel
are ise change the Property, arid such request fequires a building permit, shall be-met at
the expense: of Tenant.
ARTICLE XI. DESTRUCTION OF LEASED PREMISES
424. TOTAL OR PARTIAL DESTRUCTION. if the Leased Premises are-pariially or totally
destroyed by tire of othér casualty irisurable under full standard fire arid extendeit tisk
insurance, so astt-beeome partially or totally uttenantable, thesamé (unless Landlord elects
not fo rebuild'as provided below) will be repaired and restored by and at the cost. of Landiord,
and a just and proportionate partof the rani, as provided for below-and as is reasonably
accépfable f6 Térant; will be abated untilthe Leased Premises aré éo téstofed.
lf more.thati 4094) of the-bullding in- whith the Leased’ Premises are located is destroyed or
damaged bytite or other casualty; a1 the unexpired portion.of the term of this'‘Lease
is 7 years OF les at ihe date of the daMage, then Landlord may elect Hot to. repair or-rebuild by
giviig written notice within 60. daysiatter Such oocurrétice of ite election to tetmrinate this Lease;
otherwise, Landlord must commence and diligently pursue such reconstruction.
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In the event that Landlord exercises: the right to terminate, then this Léasé and the terms.of this
Lease will cGase as of the daté of such damage or destruction, and all rent of other charges
payable by Tenant will be profated to thé date of stich damage or destruction. In ihe event that
this Ladse-Is fot canceled, then the rent will be abated orreduced proportionately d rigeany
petiod in whictt the Leased Premises are rendered wholly or parlially unfenantable fo the
extent such damage or destruction interfere s the operation of Tenant's busitiess in
with
the Leased Premises, as:determinedin Tenant's reasonable. business judgment Such
abaterierit or raduefion will continuefor the-periad dertimericing with such destruction or
derviage and-ending with Tenant's substantial completion ofthe work or repair or restoration as
Tenant is obligeited-of elects to do,-as the case may be, and as provided in this Article, In such
event, Tenant must commence the work with due-diligence:ahd vigorously prosecute the same
te-complétion.
42:2, PARTIAL DESTRUCTION OF PROPERTY, in the event that/percentage: amount of area] %
or more-of the gross leasable areain the Property is damaged or destroyed by: fird oF offer
cause, | olwithstanding thatthe Leased Preniises thay be ui clad by Such fire or other
Gauss, Landlord will have. the right, 16 beexerdised by notice wtiling ‘delivered to the Tenant
within /Humiberof days) days aiter the occurrence, to cancel and terminate this Lease, Go the
giving of such notice te Tenant, the term of this Lease will expire as of the daté of thé daiiage,
and Tenant must vacate the Leased Premigés aiid stitrerider the Satie to Landiord pursuant to
the tertis of thé Lease, dliowing a reasonable period of time for the closing of Tenant's: business
arid tha. removal of Tenant's property-Tromthe Premises.
ARTICLE XUl. EMINENT DOMAIN:
13.1. TOTAL CONDEMNATION. Ifthe whole of the Leased'Premises are acquired or condemned
by:eminent domain forany public or quasi¢public use or pulpesé, oF ate conveyed ih flew-of any
such taking, orifa part. Sf the Lededd Preritises is acquired or condemnedand , if such partial
faleing equisitian. ders the Leased: Premises-unsul fe for the business of Tenanl, in
Tenants reasonable business 3judgment, tht en:the term ofthis Lease:will cease and terminate.as:
ofthe date of the taking, and all rentals mus| ( be paid up.to thatdate.
43.2. TOTAL PARKING AREA, Ifthe whole of fiition parking areas in the Preperty is
acquired of condemned by émnifent dothaiti for arly publit or quasi-public use or purpose; or is
Ganiveyéd in iu of aay such taking, then-the term of this Leawill se ceage and terminate:as of
tie date of taking, and-all rentals must be paid up: to that daté~ NOT APPLICABLE.
413.3. PARTIAL PARKING AREA. if
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ESX-L-001360-24 02/26/2024 3:45:49 PM Pg1of34 Trans ID: LCV2024502493 GERALD POSS, P.A. - 214951965 58 Vose Avenue South Orange, NJ 07079 (973) 762-6400 Attorney for Plaintiffs Our File No. 7386.001 SUPERIOR COURT OF NEW JERSEY DANIE RESTAURANT LLC, LAW DIVISION - ESSEX COUNTY ODANIE FOURRIEN and PIERRE DOCKET NO. ALPHE Plaintiffs, Civil Action YS. COMPLAINT AND JURY DEMAND SADIAN GRIFFIN and ASHMAN GREEN, Defendants. Plaintiff, DANIE RESTAURANT LLC, having its principal place of business at 60 Park Street, Orange, NJ, by way of Complaint against Defendants, say: FIRST COUNT 1 Plaintiff, Danie Restaurant LLC, is N.J. Limited Liability Company which owns and operates a restaurant business as a Tenant in Defendants” two unit building located at 60 Park Street, Orange, NJ. 2. Plaintiffs tenancy rights to occupy and possess said commercial restaurant space commenced on July 25, 2018, upon the parties full execution of a 17 page written commercial lease agreement and a 3 page addendum to lease. A copy thereof is annexed hereto as Exhibit A. 3 Said lease agreement provided for Plaintiffs to pay $2,700 per month for the first year lease term and an additional $50 per month increase for each of the remaining four years of the initial term. 4 Said lease agreement gave Plaintiff the option to renew for an additional five year term, as ore particularly set forth in Article II, Provision 2.5 of the lease. 5 When the written lease was drafted, it was contemplated that the lease would be signed on 1 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 2 of 34 Trans ID: LCV2024502493 June 15, 2018. Consequently, Article 1, Provision 1.7 of the lease provided that the commencement date would be July 1, 2018 and continue for 60 months and end on June 30, 2023. 6 Due to continued negotiations of the terms of the initial 17 page lease, the parties negotiated an Addendum to Lease which was fully executed on July 25, 2018, along with the initial 17 pages of the lease. Paragraph 5 of the Addendum to Lease set forth that the lease commencement date would be the first day of the month following the date the Lease and Addendum were fully executed. Given that the Lease and Addendum were fully executed on July 25, 2018, it follows that the Lease commencement date should be August 1, 2018, and that the Lease should be reformed to change the Lease commencement date to August 1, 2018, and change the Lease termination date for the first five year term to 7/31/2023. 7. Plaintiff was current with payment of rent and additional rent on 5/31/2023, the date upon which Plaintiff served written notice upon defendants that Plaintiff had exercised its lease renewal option for an additional five year term. 8 Defendant landlord accepted the 5/31/23 lease renewal notice without protest; and thereafter accepted and deposited Plaintiff's monthly checks for payments of rent for the months of June, July, August, September and October 2023. 9. By letter from Defendant’s attorney dated 8/14/23 and addressed to Plaintiffs attorney and accepted as service, Defendants, as landlord, purported to serve tenant with a Notice terminating the lease on October 31, 2023. A copy of said letter notice is attached hereto as Exhibit B. Plaintiff's cured all defaults mentioned therein, rejected said notice of termination, and kept on tendering rent payments for September and October. 10. By letter from Defendant’s attorney dated October 12, 2023, Exhibit C hereto: a) Defendants sent their own checks to Plaintiff constituting Defendants’ return of the $500 additional security deposit Plaintiff had paid for the additional ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 3 of 34 Trans ID: LCV2024502493 renewal 5 year term, and the $2,950 rent payment Defendant’s had received and accepted and deposited as rent for the month of October 2023; and b) Ms. Lawrence stated: “your clients are holdover tenants, and their lease was terminated as of September 30, 2023.” Said 9/30/23 termination date contradicted the 10/31/23 lease termination date established in Defendants prior 8/14/23 purported notice terminating the lease (Exhibit B). 11. Plaintiff contends that the Defendants 8/14/23 first notice terminating the lease on 10/31/2023 was defective as a matter of law; and, further, that Defendants’ second letter of October 12, 2023, amended the original 10/31/23 lease termination date to 9/30/2023. 12. In the event that the Defendants’ landlord’s lease termination notice is deemed valid and enforceable, the lease termination date would be 9/30/2023, as established by Defendants’ 10/12/2023 notice. By accepting and depositing Plaintiff's rent payment check for the month of October, 2023, Defendants invalidated their lease termination notice because they accepted rent for the month after their 9/30/2023 lease termination date, WHEREFORE, Plaintiff seeks a declaratory judgment that: a) Defendants’ 8/14/23 “Notice to Quit/Demand for Possession/Termination of Lease Agreement” is void and of no effect; and b) that Plaintiff's five year lease option renewal is in full force and effect and binding, and that the lease, as extended, remains in full force and effect for the remainder of five year extended, and such extension thereof which would result from Plaintiff's exercise of its second renewal option. WHEREFORE, Plaintiffs seek a declaratory judgment: a) That the parties commercial lease agreement: Restaurant is in full force and effect; and b) That Article I, #1.7 of the lease is reformed to establish a lease signing date of July 25, 2018; and Article I, #1.8 is reformed to establish a lease ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 4of34 Trans ID: LCV2024502493 commencement date of August 1, 2018; and Article I, #1.11 is reformed to establish the initial lease end date of August 1, 2023; and °) That Plaintiff shall have the right to exercise a second renewal option for the five year term commencing August 1, 2028; subject to the terms of Article II, #2.5 of the lease. SECOND COUNT LANDLORD’S BREACH OF L E 1 Plaintiffs repeat and reallege the allegations of the first count and incorporates them herein by reference, 2 Paragraph 11 of the “Addendum to Lease” modifies paragraph 7.1 of the lease by stating «.., that the tenant shall not be responsible for the repair or maintenance of the roof, exterior walls, interior pipes, the foundation, and the exterior of the property...” 3 The roof on Plaintiffs business restaurant leaks each time it rains, and/or when snow/ice on the roof melts, causing consequential interior damage to Plaintiffs restaurant. 4 Defendants have failed and refused to repair said roof to prevent further leaks, despite their obligation to do so pursuant to the terms of #5 of the addendum to lease. Plaintiff has been damaged as a result. 5. Defendant has also refused to allow Plaintiff’s plumber the right to install a water meter which was granted to Plaintiff tenant pursuant to #13 of the Addendum to Lease. As a result, Defendant has continued to bill Tenant for a proportionate share of the buildings monthly water bill, notwithstanding that Defendant has refused to provide a copy of the water bill to support its calculation. Consequently, defendant has wrongfully alleged that Plaintiff has breached the lease by failing to pay its proportionate share of the water bill, notwithstanding the fact that Plaintiff has failed and refused to provide plaintiff with a copy of the water bills upon which Defendant calculates ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 5 of 34 Trans ID: LCV2024502493 the water bil] amount for which she demands payment. In addition, Defendant failed to pay the water bill, causing Plaintiff to be without water. As a result, Plaintiff paid the water bill so as to have water for its business operation. 6. On or before 8/11/23, Plaintiff had hired an electrical contractor, at Plaintiffs expense, to come to the store’s premises to install an auxiliary through the wall air conditioning unit to supplement the insufficient air cooling system for the restaurant. 7. On 8/11/23, Defendant Ashman Green, as co-owner or partner with, husband of, and/or agent for defendant Sadian Griffin, physically prevented said contractor from entering the building to connect the electricity to said air conditioning unit, and physically assaulted the Plaintiff's contractor by threatening him and chasing him with a machete. 8 Co Plaintiff Odanie Fourrien personally witnessed this incident and was in harms way and feared for her own life and the life and safety of her contractor when Ashman Green chased the contractor with the machete. The Defendants conducts as set forth above, together with other similar acts, have damaged Plaintiff by depriving Plaintiff of the leasehold right to occupy and use the demised premises for its purpose; and has caused Odanie Fourrien emotional distress and physical and emotional damage. 9 In early 2023, Plaintiff, at its own expense had painted the exterior walls of its premises in a blue color so as to improve the building’s appearance and match the restaurant’s interior decor. Thereafter, Defendant, without notice, and without right, painted over the blue color with a color that did not match the color of Defendant's store premises. This act, together with other petty and similar acts, were done for spite and harassment purposes so as to intimidate Plaintiff and force Plaintiff to give up its renewal rights and vacate the premises. 10, Article XVII, Quiet Enjoyment, Section 18.1, on page 13 of the lease, contains Landlord’s covenant that “... tenant will peaceably and quietly hold and enjoy the property for the term hereby ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 6 of 34 Trans ID: LCV2024502493 demised without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by or through or under contract.” 1. Defendants’ conduct, as alleged, constitutes an intentional violation of Plaintiffs’ right to quiet enjoyment of the premises, as well as intentional interference with Plaintiffs business opportunity and operation, committed maliciously by Defendant for the purposes of intimidating Plaintiffs and causing Plaintiffs to leave the premises instead of exercising Plaintiff's lease renewal option, 12. Plaintiffs seek judgment permanently enjoining Defendants from harassing Plaintiff and its agents and principals, and from violating Plaintiff's right to quiet enjoyment of the demised premises; and for damages. WHEREFORE, Plaintiff DANIE RESTAURANT LLC, together with ODANIE FOURRIEN and PIERRE ALPHE, demand judgment against Defedants, jointly and severally, for: a) Compensatory damages b) Punitive damages °) A permanent Injunction enjoining and restraining Defendants and their agents from: 1) harassing Plaintiffs and their agents; and 2) interfering with Plaintiff’ s right to quiet enjoyment of the demised premises. d) An award of counsel fees e) Such other and further relief as is just JURY DEMAND The Plaintiff hereby demands a Trial by Jury as to all issues. ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 7 of 34 Trans ID: LCV2024502493 ASSIGNMENT OF COUNSEL The Plaintiff hereby assigns Gerald Poss, Esq., as trial counsel in this matter. CERTIFICATION I hereby certify that Defendant has a pending Landlord Tenant Complaint filed under Docket #LT-025386-23 against Plaintiff. I further certify that there is no other party who should be joined in this action. GERALD POSS, P.A. Attorney for Plaintiffs BY: Mente GERALD POSS Dated: February 26, 2024 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 8 of 34 Trans ID: LCV2024502493 Exhibit A ESX-L-001360-24 02/26/2024 3:45:49 PM Pg9of34 Trans ID: LCV2024502493 . = ODAMIC vine 8L1.-930 -226 COMMERCIAL LEASE AGREEMENT: RESTAURANT THIS RESTAURANT LEASE AGREEMENT. (Lease) made and entered into on June 15, 2018, by and between Mr. Ashman Green & Mis. Sadian Griffin Husband & Wife, (‘Landior d”) and Louis Kenson Mael, Sole Proprietor ("Tenant’), on the following terms ard conditions: ARTICLE |. FUNDAMENTAL LEASE PROVISIONS 1.4. RESTAURANTS NAME: Danie Restaurant / American ~ Spanish ~ Caribbean Food 1.2, LEASED PREMISES: 60 Park Street Orange New Jarsey 1.3. TENANT'S NAME AS IT APPEARSON LEASE, ADDRESS AND PHONE: Danie Restaurant, 1053 Sandford Avenue, Irvington, NJ 0714 4; (862). 219-3148 1.4. LANDLORD'S NAME AS IT APPEARS ON LEASE, ADDRESS AND PHONE: Mr, Ashman Green & Ms. Sadian Griffin, 739 Sprit igdale Avenue East Orange, New Jersey, fielephone number of landiord] 1, MANAGER: name}, laddress of miahager], [telephone number of. manager} NOT APPLICABLE 1.6. SQUARE FOOTAGE LEASED: fnurnber of squaré feet} 2399 1.7, DATE LEASE SIGNED, June 15, 2078 1.8. DATE LEASE COMMENCES: July 4, 2078 1.9. DATE RENT COMMENCES: First (4*') of each month, with Grace Period up until the fifth (eB) of the month. Any rentand taxes paid after th e fifth (5") of the month will resultin a : 10% late fee. 1.40. INITIAL LEASE TERM: 60 months 1.11. INITIAL TERM ENDS: May 34, 2023 1.12. BASE RENT: $2,700.00 4,43: RENT INCREASE FORMULA: @ $50.00 per Month Eath New Year 1.14. UTILITIES: All utilities will be paid by Tenant either prior, or when due 1.15. REPAIR & MAINTENANCE RESPONSIBILITIES: AH maintenance and repairs to be paid by Tenant. 4:16. INSURANCE COVERAGE REQUIRED: $1 Million Accident; $1 Million Property Damage; $1 Miltion Injury : 1.17. RENEWAL OPTIONS: fwo-terms of 60 months each. Page 1 of 17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 10 o0f34 Trans ID: LCV2024502493 =2 1.18. CONSENT REQUIRED FOR: Assignment or subletting and physical changes to structure in writing ARTICLE Hl. GRANT, TERM AND OPTIONS TO EXTEND 2.1, LEASED PREMISES. Landlord demises and leases to Tenant, and Tenant leases from Landlord: A. The building outlined in red on Exhibit [NOT APPLICABLE] (as well as the area of the building to be expanded by Tenant) and referred to as. (the “Leased Premises” or the Premises), which is located on the real property legally described in Exhibit [designation of exhibit} attached to this. Lease. The Leased Premises consist of approxitiately 2399 square feet. B. Thé Property. Included in the items covered by this Lease are the furniture, fixtures and equipment (referred to as FF&E) presently located on the Premises which have previously been conveyed fo Landlord and which are described in Exhibit (ExhibitA] attached to and incorporated in this Lease by this reference. Landlord acknowledges that Tenant may treat the FF&E as-its.own in that it may use and mainiain-any portion of same. 2.2. CLOSING AND POSSESSION DATE, Landiofd must deliver possession of the Premises to Tenant in accordance with the Agreément Regarding Assignment of Purchase Contract béiweéeh the parties dated NOT APPLICABLE, 2,3, COMMENCEMENT OF RENTAL. Tenant's obligation to pay rent will commence the day the Tenant takes possession of the Premises. 2.4. LENGTH OF TERM. The term of this Lease will be for a periad of 60 months, commencing with the comniencement date determiried in accordance with the térms of the Rider if that date occurs onthe first day of a calendar month. If the commencement date is other than the first day of the month, the-first year of the lease terfn will be deemed to. be extended to indlude such partial month ‘arid thé following twelve months, so as to‘end on the jast day of the. month. 2.44, BACKGROUND CHECKS. The landlord reserves the right to conduct backgtound investigatioris arid/or checks on the tenant, the sub-lessee, assigies, the corporation or any other business entity, Therefore, the instant commercial lease is. contingent upon a campletion of such a background investigation and/or reference chéck, if any. 2:5. OPTIONS TO. RENEW. All previous unpaid late fees, and rental increases that have not been paid shall bé current, with interest of 10% (compounded or overall), and considered additional rent, before any new lease is‘ executed. Additionally, provided Tenant is not in material default urider this Lease, Tenant will have the option 16 extend the term of thé Lease for two additional terns of sixty (60) months each on the same terms and conditions contained in this Lease, except the fixed minimum monthly rental will be as specified in the Section 1.12, above. To exeréise its option urider this Leasé, Tenant must deliver notice of the election to Landlord at least 20 days prior to the expiration of the then existing term af this Lease. If Tenant lects not to exércise an option to extend under this Lease, Tenant will déposit a sum equal to fwo (2) months rent with Landlord sixty (60) days priorto the expiration of the current term. This amount is:intended as a security deposit and will be returned to Tenant no later than. thirty (30) days from delivery of possession of the Premises to Landlord, les. any amounts lawfully retainable by Landlord as a result of darnage to the Property. Page 2o0f17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg11of34 Trans ID: LCV2024502493 ~ 1.18, GONSENT REQUIRED FOR: Assignment or subletting and physical changes to structure in writing ARTICLE I. GRANT, TERM AND OPTIONS TO EXTEND 2.1, LEASED PREMISES, Landitrd defnises and leases to Tenant; and Tenant leases from Landlord: A. The building outlined in.red on Exhibit [NOT APPLICABLE] (as well as the area of the building to be expanded by Tenant) and referred te as. (the “Leased Premises" or the Premises), which is. located onthe real property legally described im Exhibit designation of exiibif] attached to this. Lease. The Leased Premises consist of approximately 2999 square feet. B. The Property. included in the items covered by this Lease are the furniture, fixtures and. equipment (referred to. as FF&E) presently located on the Premises which have previously been conveyed 16 Landlord and which are described in Exhibity2xhibitA] attached to and incorporated In this Lease by this reference: Landlord. acknowledges that Tenantmay teat! the FP&E as its.own int that it may use-and maintairany portion of same. 2:2, CLOSING AND POSSESSION DATE. Latidiotd must deliver posséssion of the Preniises to Tenant in accordance with the Agreement Regarding Assignmentof Purchase Contract beéaweéeli the parties dated NOT APPLICABLE, 2,3. COMMENCEMENT OF RENTAL. Ténarits dbligation to pay rént will commerce the day the Tenantifakes possession of the Premises. 2.4. LENGTH OF TERM: Thé term of this: Lease will be for'a:patiod of 60: months; comméricitig with the com eeifientdaté determined in adcordance with the tertns of the Rider if that date avours on the-firet day of a'calendar montt, If the commencement date is atherthan ihe first day of thé month, the-first year of the lease-term will be deemed to-bevextended ta ide. such partial month aid the following twelve moths, so ag-to-dnid on thelast.day af ihe month. 2.4A, BACKGROUND CHECKS. The landlord reserves the right to conduct background investiga s and/or checks-en the tenant, the sub- assignee, the corporation or any Other business: entity, Therefore; the instar ivi dase ip Gantingent ypen a cdmpletion ‘of such a background investigation and/or reference check, if any. 2:5, OPTIONS TO RENEW. All previous unpaid late fees, anid ferital increases: that have net been: paid shail be current, with interest of 10% (compounded or overall), andconsidered additic rent, before any new-lease is exeeuted. Additionally, provided Tenant is riot ih maiérial default uridér this Lease, Tériant will have the ‘option to extend:the terrt.of the Lease for tive additional tertvis of sixty (60) months each on the sametenns and conditions contained in this. Lease, exceptthe fied minimum manthly rental will bs as.specified th the Section 1.12, above. To exercise ifs option underthis Lease; Tenantmust deliver notice’of the election to Landlordat leas! 90 days prior fo the expiration of the'ttien existing termi of this Leage: If Tenant elects hot to. exercise an optiori to extend under this Lease, Tenantwill deposit astm equal to fa.(2) months rent with Landiord sixty (60) days prior to the expiration of the qurtent term. This amourit is:intended as a security deposit and will be returned:ta Tenarit'no later than thirty (30) days trom delivery of possession of the 'Premises-to Laridlord, less-afy amourits lawfillly retainablé by Landidrd as a resist of damage 'to the Property, Page 2 of 17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg120f34 Trans ID: LCV2024502493 = ARTICLE. RENT 3.1. ANNUAL RENTAL. Annual rental under this Lease will be.as set forth in Section 1.12, above and is payable:in: equal rionttily installments, in advance, om the first day of each and-every month throughout the lease tern at ihé Offiee. of Landlord,:as set forth in Section 4.5 ofthis Lease, or at such other place desigriated by Landlord, Without prior demand, Base rental for any fractional: ith will ‘be prorated and payable in advanwe. [Monthly rental will commerce on the: date-of the closing referenged in 2.2, above - NOT APPLICABLE. 3.2. TAX AND INSURANCE ADJUSTMENT. Tenant must, for each Lease Year, pay Landlord real estate laxes and assesemenie and-all insurance for the Prop: ‘a8 additional rent. Landiord must notiiy Tenant of th ountof such assessment arid Tenant titist pay Landldrd:such amounts within Thitty(30) days from the date of nofice-to it by Landiofd. Additionally, with respect to taxes: Tenant to pay 40% of the: Se of the yearly taxes, as additional monthly se Year 2017 Taxes $30,189.96 (subject to change otice 2018 tax amourits become |. Monthly amount due dateis sanie-as rent due-date. A.sight fo Contest Assessments, Tenant may, at its expense, gontest any and all:suct real estate taxes in the narie of and on-behalf-of the Laridiard. 8. Municipal, County, .State-or Federal Taxes: Before delinquency, Tenant must pay all municipal, county and Stateor federal takes agsessed against any leasehold interest of Ter any: litres, furnishirigs, equipment, stockin-trede or other personal propeltyof any Kind owned: installed or-used.in or on the Property. G, Rettal Taxes. Teriant wil not be resporisible-for any income, inheritanceof estate taxes imposed on Landlord orthe income-cf-Landlord ARTICLE IV. CONDITION. OF PREMISES AT COMMENCEMENT OF LEASE AND CLEANING AND REPAIR OF LEASED PREMISES 44, LANDLORD'S AND TENANT'S WORK, The- obligations of Landlerd-and Tenant with respect fo.the construction and imp hthe Property riust if Aederdanse with tie provisions. of Exhibi ionOF ex) Bit ork by Landlord and Tenant must’comiply with all. applicable S, OFF , egulations, ard codes. Tenantto have a 30-day rent concession for renovaition and. remodeling. 4.2. ACCEPTANCE OF LEASED PREMISES, Landlord and Tenant warrant and represent, each to thé other, thatthe we cath made irivestigatioris toncetning the condition ofthe. Property including, without limitation, the environmental conditisn of thé Property, and'thatthey have disclosed: exch to the other, all resulis of such Investigations, as well ae’ anyother information each may have whiet is relevantte the condition ofthe Property. Subject to such representations, the occupancy by Tenant of the Property will be deemed tobe an acceptance: oFiE Page S.0f 17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 13 0f 34 Trans ID: LCV2024502493 ARTICLE V. CONDUGT OF BUSINESS BY TENANT 5.1, USEOF PREMISES. Tenant will use the Leased Premises for the purpose of a “Take Out’ and “Sit Down” American~Spanish~Carlbbean Restaurant, The foregoing language holwithstanditig, Tenaitt will ot GoMductin the Premises:aisecond hand store, auction, distress or fire sale.or bankruptey or going-ouit-df-business sal, fopless bar or restaurant, adult movie or book store; or any business in violation of the idwe-of tite Liifed States of Ameri the Stateof ‘New Jersey, or the orditances, regulations and fawful requirements. of City of Orange ‘Township, or-other lawful authorities having jurisdiction over the:Premises, inany-event, Teoant's initial use:of the Premises raust ba 48 Danie Restaurant ~American~Spanish~. Gatibbean, The foregding notwithstanding ant Must ref use the Premises for any operation piltrarilyused as a storage warehouse eperation, or ary asseribling, Mahufacturing, refining, Shieltitig, agricultural er mining operation; for any durnping, disposing, incineration, or redu on. of garbage. (exclusive of, rbagé compactors located near the rofal building); for any: lying quarter, sleeping apartments, or lodging rows; for any veterinary hospital or animal raising facilities forany establishment selling or exhibiting pornographic materials: cr dfug fetated paraphernalia; flea market, or any other purpose not directly related to the operation: of a Ameridan-Spanish~Caribbéan restaurant, ARTICLEVI. SIGNS, ALTERATIONS, ADDITIONS AND: IMPROVEMENTS 6.4, ALTERATIONS, ADDITIONS. AND [MPROVEMENTS, Afterih nitial renovation ar’ remodeiing of the: Premises, Wwihich. must be in substantial coi lanes with the plans and: specifications approved by Landlord and attached to and invorporated 16 this Lease by this fSféretiog as Exhibit Ténant:to show plans and.speciiivation-for space for Landlord approval. ‘Tenant must not, without Landlord’ for Written consent, eith take or cause'to b adé-any alterations, additions, or improvements;to tte Property st to any exterior signs, shades, awnings which in-any tance involve a cost. Tenant to show plane and. ‘Spéeifiéation for'signs, shades or awnings: Landiord's.consent will Hatbe unreasonably withtield$6 ldtig ds the alterations donot diminish the value-of the Property, it being the understandirig'and agreement of the parties that aiBratidns-oF MOdiIeatIANS Which are consistent witha commercial use of the Property or the Premises will notibe:deemed to edupe the value of'the Property. Inthe everit’kandlord's éorsent is required under this Section-6:4, Te iMUSE Plans and specifications for sucht work to Landlord at the!time approval Ught, and priorto: commencement of canstiuction. Tenant shall obtaitt landiord’s prior approval in writing,. As afurther.condition to Landlord's consent to-alterations, additions, or improvements, Tenant Must, AS required or permitted’by New Jersey law, advise:all- subcontractors, suppliers, Mmaterialmen, and laborers injwritifig tat they will nef have the right 10 file a Mechante's. Lien against the Property owned by the Landlord. The Tetvanl agrees to hold the Landiord har fron -any-and all liabilitiesof every kind and description that may-atisé out of or be connected any way with the alterations; additions, or improv . Before commencing any work in connection with alterations, additions, orimprovei the Tenant, Frequésted by Landlord, andhonly in thods instances when Landlord's consent equired under this Lease, must furnish the Landlord with certificates of insurance, within thidy G0} days in advance; fromall, coniracters performing labor or furnishing mate! insuring the Landlord, against Itabilities: whioh-are customartly covered by such Jnsurarice and which may arise out of or be connected in Page 4o0f17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 14 0f34 Trans ID: LCV2024502493 any way with the additions, alterations, of iniprovemenits, éxcept suct liabilities as may atise from the negligent act or failure to act of Landiord, its agents, representatives, eriployees or servants. 6,2. TENANT MUST DISCHARGE ALL LIENS. Tenant must promptly pay its contractors and materiaimén for all work dene end performed for Tenant, so as to-prevent the asséition or imposition of fens on 6? against tie Property, ahd shduld:any-suctt lien be asserted or filed, Teréntinust bond againstor discharge the same within (number of days} business days after writter. request by Laridlord. 6.3: SIGNS, AWNINGS, CANOPIES, BILLIARD TABLES: AND SATELLITE DISHES. Tenant will not, without Land ior written corisetit, plact or suffer to'ba placed or niaintained on any exterior door or wall of thé Leused Premises, any sign, awning, or canopy, or advertising matter or offier thing of any kind. All:signs, awnings, canopies, decorations, lettering, adver maiter; or other thing so installed by Tenant will at all tities be inaifitained by Tenant, at its expense, in Good condition and repair. Tenant rust present plans dnd specifications forary of the abavé signs, awnings ahd canopies te Lahdiord at the time approval is sought, and priorto insiailation. Tenantshall’ ain tandiord’s prior approval in-writing. scat fe is the understanding of the patties that't@8eentialite Tenant that it utllize its customary trade dtase on'thé Pramiges, which tratle dress has: been reviewed'and approved by Landlord, in witing: Jn any event, Landlord will net object to any signs oradvertising matters that ere of the local authority haying jurisdiction over sueh matters. _ perinissible ander the rule ARTICLE Vil. REPAIR AND MAINTENANCE OF LEASED PREMISES, SURRENDER AND RULES 7A MAINTENANCE; REPAIR, AND REPLACEMENT BY TENANT. Tenant will be responsible for all maintenance:-and repaii with respect to the Properly, includ ings without limitation ¢(a) the rook, 0 wails, foundation, and all structural paris; (b) the inter me Property, together pexterior entrances;-all glass, window: mioldings; (c) ail foduirés,, pai sfiioris, interior cellings, floor werings; and utility ines within the: Leased Premises; (d) all doors, coor openers, trade. 86, Sighs, afd appurtenances thereat; and, (e} igridsScaping, equip arid ma confetmity wilt: governmental regulations in good order, ide lighting, and. pal Goi fi, ahd repair, witht Tenant falling to-do gon ga default undef this Lease, if Tenant refusesor hegletts Io commence 2 OF :6O! rS, ihaintenartce orreplacements promptly and adequately, Landi fake or compl fe the repairs, maintenant eea Or 3 replagemants ad Tenant tus! pay the cost thereof io ‘Landlord on-demand. 7.2. SURRENDER OF PREMISES. Atthe expitation of the tenancy crated by this Lease, Tenant Property, including all alterations, auditions, improvements, and the: der tnust pegceably surren repairs made to the Properly (bit excluding all trade fixtures, decorations, furniture, Squiipri signs, and other personal property installed by Tenat nt), brsom cléan.atid in good soridition and repair, feasonabl ie-wear and tear and di éasially excepted. Tenant mustremioveall its trade: res and any of its other pro] party: i not requited to be surrendered to Landlord before suttendetinig the Property as-eet forth al bey: @, and mustrepairany damagets the Property caused by'su oh: removal. Any personal proper rly remiaining in the pretnisas after the: expiration of the lease. iod and Tenant's vacalion of the Property will be deemed abandoned. Pages of 17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 15 0f34 Trans ID: LCV2024502493 by Tenant and Landlord may claim the same and will in.no-dircumstances have any liability to ‘Tenant therefore ARTICLE Vill. INSURANCE AND INDEMNITY 8.1. LIABILITY INSURANCE. Tenant must, at its odst did expense, at all tiniés durihg the term of thi Lease maintain bodily injury and property damiage liability intirarice covering the Praperty from at omissions whieh are customarily insurable-by. Tena , ts employees, agents, represéntatives, assigns, guests, Invitees, personsitr privity wil nant, or licensees. Such insorance polly must bé written for notless than $1 lion datlar sifigle linit of liability for tiske normally covered by comprehensive general liability insurenice for bodily Injury and property: damage co! ined:with an-annual aggregate limit of not less than $1 million daliars, and Finist inelude Landlord as an addifional insured. Tenant must delivera cetlificate ofinsuratice to Landlord, which must also contain 4 thirty (Oy days’ prior written. notice of cancellation provision. The liniis onthe Insurance must reindéxed no more frequently:than once:every year'so-as to conform to the industiy standard arid to the liniits cariied by otter Chinése-restaurarits in Essex:County, Such insurance must be provided by a company or companies with af A.M. Best-rating of thot less than AiX, aiid authorized to do business in the state of New Jersey. ‘Tenant must also maintain liquor Habllityor “dram shop” ingurance.as required ‘by laws NOT APPLICABLE. 8.2. WAIVER OF SUBROGATION. Eact of the parties to this Lease-does hereby rélease.the other party hereto frorn all fk iy for damiage dueto-any act or neglect of the-cther party (exceptas provided below) occasioned to property owned by the parties whieh isor might be incident to or the result of a fire:or any other casually against toss from which either ofthe parties is now. earrying-or hereaiter may carry insurances provid: however, thatthe releases. con dd here will not: apply’te any jose of dainagécocasioned by the willful acts. of eithenof the parties: t6-th US Lease. The partis further covenant thatany insurance obtained on thelr respective properties will contain’an appropriate provision whe! jasurance company-or conipariies consent(s) to the mutual waiver of subrogation: s in this Segtion. 6.3, CASUALTY INSURANCE PREMIUMS: Tenantis-responsible for the maintenance of easuaity InSUPanCE oA the Pro} and Lea Mises for full replacsitient value Of the iniprovements iheteon, excluding from such coverage the costof foctingsand fsundations. 8.4, INDEMNIFICATION OF LANDLORD: Tenant will indemnify and save harmless Landlord, its agents and servants, from andiagainst any and all clainis, actions, damages, suits; judgments, decrses, orders, liability atid expense ih connection with 168s of life, personal injury andor damage to properly atising trot or aut of any rrerice ih, otror about the Property, orin the eecupancy oruse by Tenant of the Properly or part-of'the Property; or ogcasioned wholly or in part by any act or omission of Tenant, its-agents, coritfatters, émplayees, & nts, subtenahts, guésts, invitees, persons ih privity with Tefiant, of concessionaire: whatsoever, unless tha.samebe caused by the willful or ies act or failure to-act of Landlord its agents, servaris, employees, of petsons or fims in rdiord. 8.5. INDEMNIFICATION OF TENANT. Laridiore agrees to hold harmless and indemnily Tenant from-and agairist ariy and all clatins, demands, damages, actions, sults, judgments, decrees, Page 6 of 17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg 16 of 34 Trans ID: LCV2024502493 orders, and expenses arising out of or on account of any damage or injuries sustained or claimed to have been sustained to any person or property in of on any ofthe common facilities of the Property by any person whatsoever, unless thé saine 1s due to thé willful. or Hegligent act orfailuité to act of Tenant, iis agetits,. servants, erployees, of persoits or fies in peivity with Tenant. &8. PLATE GLASS. Tenant must replace at its own expense-any and all plate-and other glass in and about the Leased Premises damaged or broken fromany cauge whatsoever. 8.7. ADDITIONAL RENT. If Teriant dads Aot cortiply with its covenants made in this Atticle 8, Laitdiond may eausé insurance as set for boveto be issued, in such event Tenant agrees to pay as additional rent, the premium fer such insurance on Landlord's demand. ARTICLE IX. UTILITIES 9.4, UTILITY CHARGES. Tenant will be solely responsible for and prompily pay all charges for heat, gas, sewer, electricily, of any ather utilityor se a8éd on or attributable to the Property pay 60% of quarterly water charges (Payable on of before the invoice However, Tenants due date). ARTICLEX. ASSIGNMENT AND SUBLETTING 40.1. CONSENT NOT REQUIRED: Tenarit may voluntarily, or by operationof law, assign this Lease:in. whole or in part, and may sublet all or any part of the: Leased Premises with the prior written consent € of Landlord, and the Guarantor remains liable ulder thé térmis:of the Lease. and the. Guaranty. 40:3: TRANSFERS PERMITTED, inthe event that Landlord's consent is required, Tenant: must imrediately notify Landlord in writing of Tenant's desire to sublet or assign this:-Lease, including a.summary of thé proposed'terins, of a copy of atly offer, asthe case may be. Landlord will Have thirty (30) days'to accept or reject the assignment or sublease, Tenantis a corporation, and any sale, transter or other di sitionof 61% ar tore of the corporate stoclewill be deemed ta ba-aii assignmanit. Notwithst ing the foregeing restrictions, Fenantmeay:sublet all-or any portion of the Leased Premises oF Sigh to any: this Lease CATpe) ration which is: @-subsidiary of affiliate 5: more than bi nemsentage-annaurt of shares] % of who shatés dreowned by, Tenant or by any Guararitor is Lease, without the-corsdni of Lavidlord: Tithe event of sucht a transfer, Tenantwill nx ; Landlord otttie nama, address:and phone sumber ofthe sub lessee or assigned, li addition, in thé svent of such @ transfer, Tenant will remain Jiable-under the terms of this: Lease. Danie Restévrant], the Lavidlord acknowledges that Tenantis a wholly owned subsidiof ary shates of whith are publicly tra dad. Sales.of stock via public tradi will not be deemed a “sale, iransfer-or other dispesition’ with in the Hieaning of this AttieléX. Further, Tenant maysublet all er any portion of the Leased Premisés, or assign this Lease; to any corporation or ather- entity Wihiclris @ subsidtery of, or more.than [percentage amount oF: reaps of whose: shares are ft owned by and which ts coritrofi ed by, Tenant or (Da nie, Restaurant), withioutthe consent of Landlord. In the event of such a tranefét, Teriatitwill notify Landlord of the-name, address and phone-number: of thé sub essee.or assigned: In-adk ion, in theevent of such a transfer, Tenant will remain fiablé t6 Landlord under the terms of this Lease for the parformnatice by the suk: Page 7 of 17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg170f34 Trans ID: LCV2024502493 lessee or assignes. Any assignment, subletting, friortgagitg orhypothecation permitted under this Lease or to which the. Landtord has consented must bé by written instrument under which the assignes, or sub lessee will agree for the benelitof. Landlord to be bound by aid té. parform this Lease. 10.3. TRANSFERS BY LANDLORD. Landlord will fiave ‘tlie right to sell; convey, transfer ‘or assign all orany part of its interest in the-real property and the buildings of which thé Property are-a part or ifs interest'in this Lease. All:.covenants and obligations. of Landlord under this Léase, except those already in-existencs:on the date of cohveyatice, will céase onthe a¥eciltion of such soiveyarice, transfer or assignment, but such cevenants and obligations:will run with the land and.be binding onthe subsequent owner of éwners theréof or ofthis Lease, All obligations incurred: or 'in existence pridr to the date. of trarisier will survive the tansferand remain thé obligation of L.andiord, 40.4. NO RELEASE OF GUARANTOR: Any warding Oi iiriplidation in this Legse to the.contrary notwithstanding; any assignment or sublettitig unde this Article X.willnot operate t release or Waive'the obligations of Tenant or any Guarantor under this Lease, ARTICLE XI, WASTE, GOVERNMENTAL REGULATIONS 414. WASTE OR NUISANCE, Tenant must not commit-or suffer fo. be sararnitiet any Waste on the Property. 14.2. GOVERNMENTAL REGULATIONS. Tenant must, atlts sole cost and expensd, coniptywith all of the requirements. pertaining to the operation of its business as imposed by county, municipal, st }, fadleral alig athé-applicablé governmental authoriiies, now in force or- which may hereatter bein force; provided, however, requirements Imposed on'the Pro ‘th general or the Leased Premises in general, and:not required because of the nature of Te busitiess; will be.complied with at the cost-of Landiord. The foregoi language notwithstanding, Tenantagrees that any requiremettts ofthe. A 1 With Disabilities Adi 42UL8.6.A. §§ 12407 et seq) will be met at Tenant's skpense; likewiss, 4 requiremerit imposed att the Property. in gerieral ot tte Leased’ Premises. in general, and not imposed.bedause of the nature: of Tenant's bysiness,. but compliance with which is triggered by a juest by Tenant te remodel are ise change the Property, arid such request fequires a building permit, shall be-met at the expense: of Tenant. ARTICLE XI. DESTRUCTION OF LEASED PREMISES 424. TOTAL OR PARTIAL DESTRUCTION. if the Leased Premises are-pariially or totally destroyed by tire of othér casualty irisurable under full standard fire arid extendeit tisk insurance, so astt-beeome partially or totally uttenantable, thesamé (unless Landlord elects not fo rebuild'as provided below) will be repaired and restored by and at the cost. of Landiord, and a just and proportionate partof the rani, as provided for below-and as is reasonably accépfable f6 Térant; will be abated untilthe Leased Premises aré éo téstofed. lf more.thati 4094) of the-bullding in- whith the Leased’ Premises are located is destroyed or damaged bytite or other casualty; a1 the unexpired portion.of the term of this'‘Lease is 7 years OF les at ihe date of the daMage, then Landlord may elect Hot to. repair or-rebuild by giviig written notice within 60. daysiatter Such oocurrétice of ite election to tetmrinate this Lease; otherwise, Landlord must commence and diligently pursue such reconstruction. Page 8 of 17 ESX-L-001360-24 02/26/2024 3:45:49 PM Pg180f34 Trans ID: LCV2024502493 In the event that Landlord exercises: the right to terminate, then this Léasé and the terms.of this Lease will cGase as of the daté of such damage or destruction, and all rent of other charges payable by Tenant will be profated to thé date of stich damage or destruction. In ihe event that this Ladse-Is fot canceled, then the rent will be abated orreduced proportionately d rigeany petiod in whictt the Leased Premises are rendered wholly or parlially unfenantable fo the extent such damage or destruction interfere s the operation of Tenant's busitiess in with the Leased Premises, as:determinedin Tenant's reasonable. business judgment Such abaterierit or raduefion will continuefor the-periad dertimericing with such destruction or derviage and-ending with Tenant's substantial completion ofthe work or repair or restoration as Tenant is obligeited-of elects to do,-as the case may be, and as provided in this Article, In such event, Tenant must commence the work with due-diligence:ahd vigorously prosecute the same te-complétion. 42:2, PARTIAL DESTRUCTION OF PROPERTY, in the event that/percentage: amount of area] % or more-of the gross leasable areain the Property is damaged or destroyed by: fird oF offer cause, | olwithstanding thatthe Leased Preniises thay be ui clad by Such fire or other Gauss, Landlord will have. the right, 16 beexerdised by notice wtiling ‘delivered to the Tenant within /Humiberof days) days aiter the occurrence, to cancel and terminate this Lease, Go the giving of such notice te Tenant, the term of this Lease will expire as of the daté of thé daiiage, and Tenant must vacate the Leased Premigés aiid stitrerider the Satie to Landiord pursuant to the tertis of thé Lease, dliowing a reasonable period of time for the closing of Tenant's: business arid tha. removal of Tenant's property-Tromthe Premises. ARTICLE XUl. EMINENT DOMAIN: 13.1. TOTAL CONDEMNATION. Ifthe whole of the Leased'Premises are acquired or condemned by:eminent domain forany public or quasi¢public use or pulpesé, oF ate conveyed ih flew-of any such taking, orifa part. Sf the Lededd Preritises is acquired or condemnedand , if such partial faleing equisitian. ders the Leased: Premises-unsul fe for the business of Tenanl, in Tenants reasonable business 3judgment, tht en:the term ofthis Lease:will cease and terminate.as: ofthe date of the taking, and all rentals mus| ( be paid up.to thatdate. 43.2. TOTAL PARKING AREA, Ifthe whole of fiition parking areas in the Preperty is acquired of condemned by émnifent dothaiti for arly publit or quasi-public use or purpose; or is Ganiveyéd in iu of aay such taking, then-the term of this Leawill se ceage and terminate:as of tie date of taking, and-all rentals must be paid up: to that daté~ NOT APPLICABLE. 413.3. PARTIAL PARKING AREA. if