HomeMy WebLinkAbout01-7090WINDSOR PARK SHOPPING
CENTERS PARTNERSHIP, LLP,
Plaintiff
V,
DON SAN LEE and LI FEN LEE,
individually and t/a HUNG YUN d/b/a
SUNNY GARDEN RESTAURANT,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 I' '-~0
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this Complaint is served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that, if you fail to do so, the case may proceed
without you and a judgment may be entered against you by the Court without further
notice for any money claimed in the document or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
As provided by Pennsylvania Rules of Civil Procedure No. 1018.1, the
following officer is designated to be named in the Notice to Defend in order to find out
where legal help can be obtained.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
t
WINDSOR PARK SHOPPING
CENTERS PARTNERSHIP, LLP,
Plaintiff
DON SAN LEE and LI FEN LEE,
individually and t/a HUNG YUN d/b/a
SUNNY GARDEN RESTAURANT,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAl_ DEMANDfiD
CO~PI.~I~T
AND NOW, comes Plaintiff, Windsor Park Shopping Centers Partnership, LLP,
by and through its attorneys, Wix, Wenger & Weidner, and files this Complaint, stating
the following:
1. Plaintiff, Windsor Park Shopping Centers Partnership, LLP, is a Maryland limited
liability partnership with a business address of 100 Painters Mill Road, Suite 900,
Owings Mills, MD 21117. Plaintiff is registered and authorized to do business in
Pennsylvania.
2. Plaintiff is the owner and landlord of the shopping center located in Lower Allen
Township known as Windsor Park Shopping Center (herein, the "Shopping
Center").
3. Defendant, Dan San Lee, is an adult individual whose current address is 5114 Earl
Drive, Harrisburg, PA 17112.
4. Defendant, Li Fen Lee, is an adult individual whose current address is 5114 Earl
Drive, Harrisburg, PA 17112.
5. Defendants trade and do business as Hung Yun, d/b/a Sunny Garden Restaurant
(herein, "Sunny Garden").
6. Jurisdiction is proper in this Court because Plaintiff's cause of action arose in
Cumberland County.
7. The amount in controversy in this case exceeds $25,000 as required by the
Cumberland County local rules regarding compulsory arbitration.
8. On or about April 21, 1997, Plaintiff entered into a commercial lease agreement
(herein, the "Lease") with Chun Lam Cheng (herein, the "Prior Tenant"). A true and
correct copy of the Lease is attached hereto as Exhibit A and is incorporated herein
by reference as if fully set forth.
9. Pursuant to the Lease, Prior Tenant leased from Plaintiff the premises known as
suites 108 - 110, 5202 Simpson Ferry Road located in the Shopping Center
(herein, the "Premises").
10. The term of the Lease was ten years, beginning on October 1, 1997 and ending on
September 30, 2007.
11. On or about April 29, 1999, Plaintiff, Prior Tenant and Sunny Garden entered into a
Lease Assignment Agreement (herein, the "Assignment"). A true and correct copy
of the Assignment is attached hereto as Exhibit B and is incorporated herein by
reference as if fully set forth.
12. Pursuant to the Assignment, Sunny Garden assumed all of the obligations under
and pursuant to the Lease as of May 1, 1999.
13. Pursuant to the Assignment, Prior Tenant was relieved of all obligations under and
pursuant to the Lease as of May 1, 1999.
14. In addition to assigning the rights and obligations of Prior Tenant, the Assignment
changed the basic annual rent due under the Lease.
15. For all months relevant to Plaintiff's cause of action, Sunny Garden's monthly rent
was $4,000.00
16. In violation of the Lease, Sunny Garden vacated the Premises in or about March
2000.
17. Plaintiff was able to re-rent the Premises as of September 1,2000.
18. While Sunny Garden was in possession of the Premises, it failed to pay rent and
other charges due under the Lease for the period November 1999 through March
2000.
19. Defendants are obligated to Plaintiff for rent for the period November 1999 through
March 2000 in the total amount of $20,000.
20. After Sunny Garden vacated the Premises, it failed and refused to pay rent for the
Premises for the period April 2000 through August 2000.
21. Defendants are obligated to Plaintiff for rent for the period April 2000 through
August 2000 in the total amount of $20,000.
22. Pursuant to the Lease, Sunny Garden was obligated to pay, for each month of the
Lease and in addition to its base rent, its share of water and sewer charges,
insurance costs, and the costs of common area maintenance (herein, "CAM").
23. Sunny Garden failed to pay its share of water, sewer and CAM charges for the
periods set forth below.
24. Defendants are obligated to Plaintiff for water, sewer, insurance, and CAM charges
as follows:
$ 577.91
317.43
35.08
1,416.72
$2,347.14
Water (12/99 - 8/00)
Sewer (10/99 - 8/00)
Insurance (10/99 - 8~00)
CAM (1/00 - 8/00)
Total
25. Defendants are entitled to a credit from Plaintiff in the total amount of $4,935.55, for
prepaid taxes, an overpayment of CAM for a prior year, and a security deposit.
26. Despite repeated demands, Defendants have failed and refused to pay the
amounts owed under the Lease.
27. Pursuant to paragraph 25 of the Lease, Defendants are liable for Plaintiff's
reasonable attorneys' fees.
28. In connection with Defendants' default of the Lease and their failure to cure said
defaults, Plaintiff has engaged the services of the undersigned attorneys.
29. Plaintiff is entitled to recover all reasonable attorneys' fees charged by the
undersigned, which amount will be proven at trial.
30. The total amount Defendants owe to Plaintiff is $37,411.59, plus the attorneys' fees
Plaintiff incurs in this case.
4
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against Defendants, jointly and severally, in the amount of
$37,411.59, together with the costs of this action, attorney's fees to be proven at trial
and interest, and grant such other relief as this Court deems just and appropriate.
Respectfully S/itted,
WIX, WE~/~& WEIDNER
~8v~Ri.; ~eil~ioanmL~lt.rDe.~ 62051
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
Date:
F:\srw\1742 (DAVID S BROWN)\11332 (WINDSOR PARK v, SUNNY GARDEN RESTAURANT)\DOOUMENTS\COMPLAINT.doc
EXHIBIT A
This LEASE, Made April ~/ , 1997 by and between
WINDSOR PARK SHOPPING CENTERS PARTNERSHIP, hereinafter called
.,Landlord", and CHUN LAM CHENG, hereinafter called "Tenant".
That in consideration of the mutual pro~e~ herein
contained, the Landlord hereby rents to the Tenan~ and the
latter does hereby rent from the former, the premises described
as 5202 Simpson Ferry Road, Suites~, 108 & 10~, Mechanicsburg,
PA 17055, containing an agreed-upon amount of 4800 square feet,
said premises being outlined in red on the attached Plat marked
Exhibit "A", and made a part hereof, (and hereinafter called the
"Leased Premises" or the "Demised Premises" or the .premises")
for the te~ of ten (10) years beginning 6~.the commencement date
as hereinafter defined.
The occupancy date, whenever used herein, shall be the
later to occur of the following: (a) the date when the premises
are ready for occupancy; (b) the date when the Tenant shall take
possession of o~ occupy the premises; or (c) May 1, 1997. The-~
premises shall be dee~ed ready for occupancy when the work to be
done by the Landlord is substantially completed including common
areas (interior and exterior) or would have been except for delay
due to Tenant or the obligationsof Landlord hereunder. The
commencement date for rent purposes, whenever used herein, shall
be %uqust 1, 1997. The commencement date for lease term-T-iolll~
purposes, whenever used herein, shall be the next succeeding
first of a month after the rent commencement date provided,
however, this rent commencement date itself is not already a
first of the month.
1. Rent:
The total annual rental for the first year of the term
shall be Fifty-Two Thousand Eight Hundred Dollars ($52,800.00),
which the Tenant .covenants to pay in advance in equal monthly
installments of Four Thousand Four Hundred Dollars ($4,400.00),
the first.~n~tallment of which, pro rated if the commencement
date is other that the first day of a calendar month, is due and
payable on the commencement date, with subsequent installments
due and payable on the first day of each calendar month
thereafter until the total rent provided for is paid. The Tenant
covenants to pay concurrently with the signing hereof, the sum of
Four Thousand Four Hundred Dollars ($4,400.00), to be credited to
the first month's rent under this Lease as above provided.
The total annual rent in each subsequent year of this
lease shall be as follows:
Year
2 $52,800.00
3 ..$52,800.00
4 $57,600.00
5 $57,600.00
6 $57,600.00
.7 $62,400.00
8 . $62,400.00
9 $62,400.00
10 $67,200.00
4,400.00,.
4,800.00R~
4,8oo.oo ;, ,ol, Io~
4,800.00/
5,200.00~ .
5,200.00.),ol,
5,200.00/ .
2. Payment, Late Charge. Time of Essence:
The Tenant covenants to pay the rent as herein provided
without deduction whatsoever, and without any obligation on the
Landlord to make demand for it. To any installment of rent
accruing hereunder and any othersum payable hereunder, if not
paid when due, shall be added a late charge of five (5%) percent
of the amount overdue, for each month the payment is late. Time
is of the essence in this lease. Payments shall be made to
Landlord at the address set forth herein on the notice address.
3. Real Estate Taxes:
(a) Tenant covenants and agrees to pay Landlord
within thirty (30) days of Landlord's notice to Tenant, as
additional rent, Tenant's proportionate share, being equal to
4.37% of such amount due, of any real estate taxes assessed
against the land and/or building(s) in which the premises are
included. If this Lease shall be in effect for less than a full
fiscal year, Tenant shall pay a prorated share of the taxes,
based upon the number of months that this Lease is in effect.
"Taxes" as used herein shall include, but not by way of
limitation, all paving taxes, special paving taxes, school taxes,
personal property taxes, sewer rents and any and all other
benefits or assessments which may be levied on the premises or
the land or building(s) in which the same are situate, but shall
not include any income tax on the income or rent payable
hereunder. Any reasonable expense incurred by Landlord in
contesting any real estate tax shall be included as an item of
taxes for the purpose of computing additional rent due the
Landlord. In the event the "Real Property" is not separately
assessed the parties hereto shall agree on an assessment figure
which shall become the figure for the Base Year.
(b) Landlord shall have the option, upon written
notice to Tenant to collect, together with the monthly payment of
rent hereunder, an amount equal to one-twelfth (1/12) of Tenant's
proportionate share of the estimated real estate taxes due for
the next succeeding fiscal year so that Landlord shall have an
amount sufficient to pay such taxes when due. Appropriate
adjustments shall be made between Landlord and Tenant upon the
determination of the actual amount of such taxes.
(c) The first "Lease Year" is defined as the
first twelve (12) full calendar months of the term; subsequent
Lease Years are'subsequent twelve (12) month periods.
4. Care o Prem's s:
(a) The Tenant agrees that he will take good care
of the Leased Premises, fixtures, and appurtenances, including
exterior doors and windows, window frames, hardware and the like,
and gas and electric meters, plumbing, heating and air
conditioning equipment (including that on the exterior of the
Demised Premises), and keep same in good order and repair
throughout the term of this Lease, and suffer or permit no waste
or injury; Landlord shall assign to Tenant, for the benefit of
the Tenant, to the extent they are assignable, any warranties on
such equipment furnished Landlord by the Seller and/or provider
thereof; that Tenant will conform to all laws, orders, and
regulations of the Federal, State, County and City authorities,
or any of their departments, and will not, through its own act or
neglect, cause any situation to exist in or about the Leased
Premises which would constitute a violation of any applicable
Federal, State, County, or City Code Regulation or Ordinance
governing use, occupancy, health, sanitation, or fire; that he
will not do, or permit anything to be done, in the premises which
will in any way increase the rate of fire insurance on the
building, or conflict with the fire insurance policies on the
building; that he will save harmless the Landlord from any
liability arising from injury to person or property caused by any
act or omission of Tenant, his agents, employees or guests; that
he will repair at or before the end of the term, or sooner if so
requested by the Landlord, all injury done by the installation or
removal of furniture or other property, and will surrender the
Leased Premises at the end of the term broom cleaned in as good
condition as they were at the beginning of the term, ordinary
wear and tear and casualties by fire and elements excepted. In
the event of any increase in insurance as a result of the failure
of the Tenant to comply with the provisions of this Paragraph,
the Tenant will pay the amount of such increase as additional
rent within thirty (30) days after the Landlord's written demand.
Nothing in this Paragraph shall be deemed to place upon the
Tenant any obligation to make structural repairs, improvements or
changes which may be required by any governmental body, provided
the same are not required by the Tenant's use of the premises.
The Landlord shall be under no liability to the Tenant
for any discontinuance of heat, air conditioning, and hot water
unless due to Landlord's negligence. The Landlord shall not be
liable for any loss or damage to the Tenant caused by rain, snow,
water or storms that may leak into or flow from any part of the
premises through any defects in the roof or plumbing or from any
other source unless due to Landlord negligence.
(b) Notwithstanding anything contained herein to
the contrary, Landlord shall have no obligation whatsoever to
make any repairs to the Demised Premises or to the building other
than to make repairs resulting from damage caused by negligence,
if any, of Landlord or its agents or employees or contractors
except as otherwise provided in this Agreement. Landlord agrees
to maintain and will keep in good repair the exterior of the
building, the roof, the common areas and parking areas.
(c) Tenant shall not place a load upon any floor
of the Demised Premises that exceeds the lesser of (i) floor load
per square foot which such floor was designed to carry or (ii)
the maximum floor load per square foot allowed by law. Business
machines and mechanical equipment shall be placed and maintained
by Tenant, at Tenant's expense, in settings sufficient in
Landlord's reasonable judgement to absorb and prevent vibration,
noise and annoyance.
(d) There shall be no allowance to Tenant for any
diminution of rental value and no liability on the part of the
Landlord by reason of inconvenience, annoyance or injury to
business arising from the making by Landlord,~ Tenant or others of
any repairs in or to the Building or the Demised Premises, or in
or to the fixtures, appurtenances or equipment thereof.
(e) Tenant covenants and agrees that it will, at
Tenant's cost, procure and maintain service/maintenance
contracts/policies (the "Contracts"), the issuers and contents of
which shall be satisfactory to Landlord (whose judgement in that
regard shall be reasonably exercised), in force throughout the
term of this Lease (including any renewal term) for the heating,
ventilation and air conditioning systems serving the Leased
Premises, in order that those systems and their components will
be kept in good working order and repair, copies of the
Contracts will be furnished to Landlord as appropriate,
throughout the term (including renewal term). If Tenant has
failed to submit proof to Landlord that the contracts required
hereby are in force, at any time, Landlord may (but shall not be
required to) procure the appropriate Contracts for Tenant, and
the cost thereof shall be additional rent due by Tenant to
Landlord and shall be due and payable by Tenant to Landlord
within ten (10) days after Landlord sends Tenant documentation
thereof. Whether or not such Contracts are in force, Tenant
shall be responsible for the cost of all needed repairs to each
and every component of each and every said system.
(f) In the event Tenant shall not proceed
promptly and diligently to make any repairs or perform any
obligation imposed upon it by this Section within ten (10) days
after receiving written notice from Landlord to make such repairs
or perform such obligation, then and in such event, Landlord,
may, at its option, enter the premises and do and perform the
things specified in said notice, without liability on the part of
Landlord for any loss or damage resulting from any such action by
Landlord and Tenant agrees to pay promptly upon demand any cost
or expense (including Landlord's administrative expenses of
fifteen percent (15%) of direct costs) incurred by Landlord in
taking such action.
(g) Notwithstanding anything to the contrary
herein, Landlord shall warrant its work within the premises and
the systems serving the premises for a period of one (1) year
from the occupancy date hereunder provided, however, such defect
is not the result of Tenant's negligence or misconduct.
5. Utilities:
Tenant shall, at its own cost and expense, pay all
charges when due for water, gas, electricity, heat, sewer rentals
or charges and any other utility charges incurred in the use of
the Leases Premises. Landlord shall, at Landlord's cost and
expense, install separate gas and electric meters for each
Tenant.
6. Use and Occupancy:
The Premises are to be used only for the purpose of a
Chinese restaurant and for no other purpose without Landlord's
consent. Tenant will not use the Premises for any unlawful
purpose; Tenant covenants not to conduct nor permit to be
conducted on the Premises any business in violation of any law of
the City and/or County in which the Premises are located or State
or Federal law, ordinance or regulation.
Tenant shall conduct business on the Demised Premises
only in the name of King Buffet and under no other name or trade
name unless and until the use of some other name is approved in
writing by Landlord which approval shall not be unreasonably
withheld.
8. Access by Landlord:
The Landlord shall retain duplicate keys to all of the
doors of the Leased Premises, and the Landlord or his agents
shall have access to the Leased Premises at all reasonable hours
in order to inspect same, to clean or to make necessary repairs
or tenant improvements within the Leased Premises or the
building. The Landlord shall have the right to show the Leased
Premises to prospective tenants at any time during the final six
(6) months of the lease term or any extension or renewal thereof,
providing it does not unduly interfere with the Tenant's use of
the Premises.
9. Subordination:
This Lease shall be subject to and subordinate at all
times only ts the lien of any first mortgage and/or deed of trust
and to all advances made or hereafter to be made thereunder.
This subordination provision shell be self-operative and no
further instrument of subordination shall be required.
10. Assignment or SublettinG:
Tenant shall not assign, mortgage or encumber this
Lease, nor sublet the premises or any part thereof without
Landlord's consent which consent shall not be unreasonably
withheld. In the event of the insolvency or bankruptcy of
Tenant, this Lease shall, at the option of the Landlord,
terminate forthwith, and this Lease shall not, by operation of
law or otherwise, be considered a part of the Tenant's estate.
The Tenant covenants not to make or permit any
alterations, additions or improvements to said premises without
the prior written consent of the Landlord which consent shall not
be unreasonably withheld, and all additions and improvements made
by Tenant, except only moveable office furniture, and equipment,
shall become the property of the Landlord at the termination of
this Lease or the vacating of this premises. At the Landlord's
request, all such alterations and improvements shall be restored
to their original condition by Tenant at Tenant's expense at the
termination of this Lease.
12. Increased Fire Insurance Rate:
Tenant shall not do, suffer to be done or keep or
suffer to be kept anything in, upon or about the Demised Premises
which will contravene Landlord's policies insuring against loss
or damage by fire or other hazards, including but not limited to
public liability or which will prevent Landlord from procuring
such policies in companies acceptable to Landlord. If anything
be done, omitted to be done or suffered to be done by Tenant or
kept or suffered by Tenant to be kept in, upon or about the
Premises that shall cause the rate of fire or other insurance on
the Premises or other property of Landlord in companies
acceptable to Landlord to be increased beyond the minimum rate
from time to time applicable to the Demised Premises for use for
the purposes permitted under this Lease, Tenant will pay the
amount of such increase promptly upon Landlord's demand as
additional rent.
13. Co on Faci 't'es:
The Common Facilities which may be furnished by
Landlord in or near the shopping center for the _general common
use of Tenants, their officers, agents, employees and customers,
including, without limitation, all parking areas, access roads,
employee parking areas, driveways, loading docks and areas,
delivery passages, sidewalks, malls, courts and ramps, landscaped
and planted area, repainting walls, stairways, bus stops,
lighting facilities, comfort stations, elevators and other areas
'and improvements, shall at all times be subject to the exclusive
control and management of Landlord. Landlord reserves the right,
in its sole discretion, to change, rearrange, alter, modify,
reduce or supplement any or all of the common facilities so long
as adequate facilities in common are made available to Tenant
herein.
14. ApDearance Outside:
Tenant shall maintain its show windows in a neat and
clean condition, shall keep the sidewalks adjoining the Demised
Premises clean and free from rubbish, and shall store all trash
and garbage in the dumpsters provided by Tenant. Tenant shall
not burn any trash of any kind in or about the building, nor
shall Tenant permit rubbish, refuse or garbage to accumulate or
fire hazard to exist about the Demised Premises.
15. Signs:
The Tenant shall not display any sign, picture,
advertisement, awning, merchandise, or notice on the outside or
roof of the building of which the Demised Premises are a part,
nor on the exterior of the Demised Premises unless approved by
the Landlord in writing. Said sign shall be in conformity, as to
size, style and location~ with the signage scheme established by
the Landlord for the Building. Tenant shall, within a reasonable
time, submit to Landlord for Landlord's approval, a sketch of the
sign. Tenant shall have the right to correct the style or size
of the sign or lettering thereon, providing same conform with the
scheme mentioned above, but the corrections shall be only with
respect to the spelling of the names to be displayed thereon.
Landlord, at Tenant's cost, shall have the right to require
Tenant to place signage on the exterior of the building, in
accordance with the approved signage scheme, at any time during
the term of this Lease.
The Tenant shall not display any merchandise, place
vending machines or show cases or other obstructions on the
outside of the building, or the Demised Premises, or in any lobby
or passageway adjoining the same.
17. Layout of BuildinG:
The purpose of the site plan attached hereto as
Schedule "A" is to show the approximate location of the Demised
Premises. Landlord reserves the right at any time to relocate
the various buildings, automobile parking areas and other common
areas shown on the site plan. Landlord hereby reserves the right
at any time to make alterations or additions to and to build
additional stories on the buildings in which the Demised Premises
are contained and to build additions adjoining the same or
elsewhere in the Building. Landlord also reserves the right to
construct other buildings or improvements in the area of the
Building from time to time and to make alterations thereof or
additions thereto and to build additional stories on any such
building or buildings and to build adjoining same.
18. Secu ' D os't:
Tenant, contemporaneously with the execution of this
Lease, has deposited with Landlord, the sum of Four Thousand Four
Hundred Dollars ($4,400.00), receipt whereof ks hereby
acknowledged. Said deposit shall be held by Landlord, without
liability for interest, as security for the faithful performance
by Tenant of all of the terms, covenants, and conditions of this
Lease by said Tenant to be kept and performed during the term
hereof. If at any time during the term of this Lease any of the
rent herein reserved shall be overdue and unpaid, or any other
sum payable ~y Tenant to Landlord hereunder shall be overdue and
unpaid, then Landlord may, at the option of Landlord, (but
Landlord shall not be required to), appropriate and apply any
portion of said deposit to the payment of such overdue rent or
other sum. Should the entire deposit, or any portion thereof, be
appropriated and applied by Landlord for the payment of overdue
rent or other sums due and payable to Landlord by Tenant
hereunder, then Tenant shall, upon the written demand of
Landlord, forthwith remit to Landlord a sufficient amount in cash
to restore said security to the original sum deposited, and
Tenant's failure to do so within five (5) days after receipt, of
such demand shall constitute a breach of this Lease. Should
Tenant comply with all of said terms, covenants, and conditions
and promptly pay all of the rental herein provided for as it
falls due, and all other sums payable by Tenant in full at the
end of the term of this Lease, or upon the earlier termination of
this Lease~ the said Security Deposit shall be returned to
Tenant; no interest thereon shall accrue nor shall any interest
be paid to Tenant.
19. DamaGe to Premises:
If the Premises are partially damaged by fire or other
casualty, not the fault of the Tenant, Landlord shall make
repairs as speedily as conveniently possible. If the damage is
so extreme as to render the Premises wholly unfit for occupancy,
the rent shall cease until the Premises are put into repair by
the Landlord. In the event of total destruction of the building
of which the Demised Premises form a part, or if in the judgement
of the Landlord the damage to the Demised Premises cannot be
repaired within one hundred twenty (120) days, and if the
Landlord shall decide not to restore or repair the same, or shall
decide to demolish the building, the Landlord may, within sixty
(60) days after such fire or other casualty, by notification to
the Tenant, terminate this Lease. In the event the Premises are
only partially damaged and fit for occupancy, Tenant shall
continue to pay rent, which rent shall be equitably adjusted. In
no event shall Landlord be liable for any loss or damage
sustained by Tenant by reason of fire or other accidental
casualty. In the event more than fifty (50%) percent of the
shopping center is destroyed and the Leased Premises are unfit
for occupancy, the Tenant may terminate this Lease upon thirty
(30) days prior written notice to the Landlord.
20. Waiver or Breac :
No waiver of any breach of the covenants, provisions or
conditions contained in this Lease shall be construed as a waiver
of the covenant itself or any subsequent breach itself; and if
any breach shall occur and afterwards be compromised, settled or
adjusted, this Lease shall continue in full force and effect as
if no breach had occurred.
21. Rules and Reaulations:
Tenant shall comply with all rules and regulations of
the Windsor Park Shopping Center which rules and regulations are
attached hereto and are hereby made a part of this Agreement.
Any violation of said rules shall be a default under this Lease.
Landlord shall have the right to make additions and amend/~ents to
the Rules and Regulations, which shall be as binding on Tenant as
if set forth herein, provided such additions and amendments do
not materially and adversely affect the Tenant's use of the
Demised Premises, and provided that they are not inconsistent
with the terms of this Lease.
22. Insurance:
(a) The Tenant agrees to procure and maintain in force
public liability insurance in a company or companies acceptable
to Landlord for the leased premises'which policies shall be
written to protect the Tenant and the Landlord in the amount of
One Million Dollars ($1,000,000) combined single limit per
occurrence with at least an aggregate of Two Million Dollars
($2,000,000). excess coverage and with Fire Legal Liability
coverage in the amount of Five Hundred Thousand Dollars
($500,000). Tenant also agrees to furnish to Landlord
certificates of the issuance and maintenance of such policies of
insurance, all of which shall be paid for by the Tenant.
(b) Landlord and Tenant shall cause the insurance
policy carried by each such party insuring the Leased Premises
and/or its fixtures and contents against loss by fire or other
casualties to be written in a manner so as to provide that the
insurance company waives all right of recovery by way of
subrogation against Landlord or Tenant in connection with any
loss or damage covered by any such policies. Neither party shall
be liable to the other for loss or damage caused by fire or any
other risk included in the coverage of the standard fire and
extended coverage insurance in Pennsylvania (provided that such
insurance was obtainable with waiver of subrogation in advance of
loss at the time of such loss or damage), notwithstanding that
such loss or damage is caused by or occurs through or as result
of any acts or omissions (negligent or otherwise of a party
hereto, or his or her agents, servants or employees or any other
cause which would result in liability under this Lease or by
operation of law. If the release of either Landlord or Tenant,
as set forth in the second sentence of this Paragraph, shall
contravene any law with respect to exculpatory agreements, the
liability of the party in question shall be deemed secondary to
the liability of the other party's insurer.
Tenant will indemnify Landlord and save it harmless
from and against any and all claims, actions, damages,
liabilities and expenses (including reasonable attorneys fees) in
connection with loss of life, personal injury and/or damage to
property (including environmental and hazardous waste damages)
arising from or out of any occurrence in, upon or at the Leased
Premises, or the occupancy or use by Tenant of the Leased
Premises or any part hereof, or occasioned wholly in part, by act
or omission of Tenant, its agents, contractors, or employees,
servants, lessees or invitees. In case Landlord shall, without
fault on its part, be made a party to any litigation commenced by
or against Tenant, then Tenant shall protect and hold Landlord
harmless and shall pay all costs, expenses and reasonable
attorneys' fees incurred by Landlord in con~e~tion wi~h such_
litigation. Tenant shall indemnify LandlorO zor any aam~ge =o
any property of Landlord caused ~y or arising cut of or in
connection with any act or omission of Tenant, its employees,
servants, agents, contractors, or invitees, or Tenant's occupancy
or use of the premises or common areas, or anything, matter or
condition of, on or pertaining to the premises, or any breach by
Tenant of any term, covenant or condition of this Lease to be
performed or observed by Tenant.
Landlord will indemnify Tenant and save it harmless
from and against any and all claims, actions, damages,
liabilities and expenses (including reasonable attorneys fees) in
connection with loss of life, personal injury and/or damage to
property (including environmental and hazardous waste damages)
arising from or out of any occurrence in, upon or at the Leased
Premises, or the occupancy or. use by Landlord of the Leased
Premises or any part hereof, or occasioned wholly in part, by act
or omission of Landlord, its agents, contractors, or employees,
servants, lessees or invitees. In case Tenant shall, without
fault on its part, be made a party to any litigation commenced by
or against Landlord, then Landlord shall protect and hold Tenant
harmless and shall pay all costs, expenses and reasonable
attorneys' fees incurred by Tenant in connection with such
litigation. Landlord shall indemnify Tenant for any damage to
any property of Tenant caused by or arising out of or in
connection with any act or omission of Landlord, its employees,
servants, agents, contractors, or invitees, or Landlord's
occupancy or use of the premises or common areas, or anything,
matter or condition of, on or pertaining to the premises, or any
breach by Landlord of any term, covenant or condition of this
Lease to be performed or observed by Landlord.
24. Conde ation:
In the event the whole or any part of the Leased
Premises shall be taken under the power of eminent domain, or
sold under threat thereof, or taken in any manner for public use,
the Landlord, at its option, may terminate this Lease, which
Lease shall then terminate on the effective date of the
condemnation or sale. The compensation awarded or paid for such
taking, both as to Landlord's reversionary interest and Tenant's
interest under this Lease, shall belong to and be the sole
property of the Landlord. Tenant shall have no claim against the
Landlord or be entitled to any award or damages other than an
abatement of the rent beyond the period of termination date and
compensation paid for moving expenses and/or cost of removal of
stock and/or trade fixtures, if allowable by the condemnor.
25. ~dditio~al Rent and Attorney's Fees:
Whenever, under the terms of this Lease, any sum of
money is required to be paid by Tenant in addition to the rental
herein reserved, whether or not such. sum is herein designated as
,,additional rental", or provision is made for the collection of
such sum as ,,additional rental", said'sum shall, nevertheless, at
Landlord's option, if not paid when due, be deemed additional
rent, and shall .be collectable as such. In the event of
employment of an attorney by the Landlord because of the
violation of any term or provision of this Lease, the Tenant
shall pay reasonable attorney's fees.
26. Covenant to Surrender:
This Lease and the tenancy hereby created shall cease
and terminate at the end of the original term hereof, without the
necessity of any notice of termination from either Landlord or
Tenant, and Tenant hereby waives notice to remove and agrees that
Landlord shall be entitled to the benefit of law respecting
summary recovery of possession of the premises from a Tenant
holding over to the same extent as if statutory notice was
given, provided, however, that this Lease and the tenancy hereby
created shall not 'so cease and terminate at the end of the
original term if the Tenant shall have been granted an option or
options to renew and shall have exercised said option or options
in accordance with the terms thereof and shall be entitled to
remain in possession under said option and/or options. In said
event, this Lease and the tenancy hereby created shall cease and
terminate at the end of the last option period exercised under
the terms of this Lease without the necessity of any notice of
termination from either Landlord or Tenant, and the Tenant hereby
waives notice to remove and agrees that Landlord shall be
entitled to the benefit of law respecting summary recovery of
possession of premises from the Tenant holding over to the same
extent as if statutory notice were given. If Tenant shall occupy
the premises after such expiration or termination, it is
understood that Tenant shall hold the premises as a tenant from
month to month, subject to all the other terms and conditions of
this Lease, at an amount equal to double the highest monthly
rental installment reserved in this Lease.
27. uiet 'o ent:
Landlord covenants that, upon the payment of the rent
herein provided, and the performance by the Tenant of all
covenants herein, Tenant shall have and hold the premises, free
from any interference from the Landlord, except as otherwise
provided for herein.
(a) In case of the non-payment of rent within
five (5) days of the times provided for herein, or in case the
said Leased Premises shall appear to be deserted, or vacated, the
Landlord shall have the right to enter the same and distrain for
any amount of money that may be due under this Lease, either by
force or otherwise, without being liable to any prosecution
therefor, and to apply any proceeds to the payment of the rent
due or to be due, holding the Tenant liable for any deficiency.
(b) It is agreed that upon any default on the
part of the Tenant of any provision or covenant of this Lease
other than the non-payment of rent, the Landlord shall have the
right, after thirty (30) days notice to the Tenant, to perform
therefore on behalf of the Tenant-at the risk and expense of the
Tenant and to render a bill for the cost thereof to the Tenant,
which shall be payable as rent. Upon failure of the Tenant to
pay such bill within thirty (30) days after sending such bill to
the Tenant at the Leased Premises, the Landlord shall have the
same rights against the Tenant (and with reference to the leased
premises) as it has in the event of non-payment of rent.
(c) The Landlord shall have the right after the
(i) non-payment of rent within the applicable time period
provided for herein or (ii) after applicable notice, if required
herein, of a violation by the Tenant of any of the covenants
or provision~ on the part-of the Tenant contained in this
Lease, to re-enter and take possession of the Leased Premises
without formal notice if the violation has not been corrected
within said applicable time period (provided that if the Tenant
has commenced to repair the Premises within said applicable
time period as to non-monetary defaults and proceeds, with
due diligence to complete same, it shall not constitute a
default), and it is further agreed that notwithstanding such re-
entry, the Tenant shall remain liable for all rent and other
damages and losses as of the date of re-entry, and shall further
be liable, at the option of the Landlord, for the amount of rent
reserved under the Lease for the balance of the term, less any
amount of rent received by the Landlord during such period from
others to whom the Premises may be rented on such terms and
conditions and at such rentals as Landlord, in its sole
discretion, shall deem proper, all of which shall be at the risk
and expense of the Tenant. In addition, Landlord, at its option,
shal.1 have the right to repossess the Leased Premises and
terminate this Lease.
(d) In the event Landlord terminates this Lease,
the Landlord may, without further notice, re-enter the Leased
Premises and dispossess Tenant, the legal representatives of
Tenant, or other occupant of the Leased Premises, and remove
their effects and hold the Premises as if this Lease has not been
made. The Landlord shall also be entitled to the benefit of all
provisions of law for the recovery of land and tenements held
over by Tenant in Cumberland County, Pennsylvania, or the
Township in which the Premises are located, including the benefit
of any public, general or local laws relating to the speedy
recovery of possession of lands and tenements held over by
lessees in said County in which the Premises are located, of that
may hereafter be enacted.
(e) It is expressly agreed and understood that
the exercise of any one or more of said rights shall not be
construed as a waiver of any other rights, it being understood
that all of'said rights shall be cumulative and may be exercised
simultaneously.
(f) The said Tenant hereby confesses judgment for
the rent reserved under this agreement of lease, together with an
attorney fee of five percent (5%) for collection, and execution
may be issued thereon from time to time for any rent due and
owing under this lease, and judgment in eject/~ent as herein
provided may be entered concurrently therewith.
(g) The Tenant does hereby, upon breach of any of
the conditions or covenants of this lease during the original
term or any renewal, and also when and as soon as the term hereby
created or any extension or renewal thereof shall have expired
agrees that an amicable action of ejectment may be entered by the
prothonotary of the Court of Common Pleas of the County of
Cumberland as if a complaint in ejectment has been filed by the
Landlord as Plaintiff against the Tenant as defendant for all and
singular the property herein described and as if said complaint
in ejectment had been duly served personally upon the Tenant by
the Sheriff of said County within said County and had been duly
returned by said Sheriff served personally upon said Tenant, and
the said Tenant hereby authorizes and empowers any attorney of
any court of record to appear for the Tenant in said amicable
action of ejectment and confess judgment therein in favor of the
Landlord and against'the Tenant for said premises and said Tenant
l0
further authorizes the immediate issuance of a writ of possession
upon a praecipe therefor by the plaintiff's attorney and the
Tenant hereby waives any and all right of stay of execution and
releases to the Landlord all errors and defects whatsoever in
entering said action or judgment or in causing said writ to issue
or in any proceeding thereon or concerning the same and agrees
that no writ or error, objection or exception shall be made or
taken thereto, and if after execution and return of the writ the
defendant shall re-enter into possession, the.prothonotary, upon
praecipe and affidavit setting forth the facts, filed within
three (3) years after the return of the writ upon which execution
was completed shall issue a new writ of possession.
29~ Notice:
Ail notices from Tenant to Landlord shall be sent by
Registered or Certified Mail, Return Receipt Req~/ested, and
addressed to Landlord at P.O. Box 548, 9183 Reisterstown Road,
Owings Mills, Maryland 21117. After occupancy of the demised
premises, all notices from Landlord to Tenant shall be sent by
Registered or Certified Mail, Return Receipt Requested, Hand
Delivery, or nationally recognized overnight Delivery Service and
addressed to Tenant at the premises. Either party may from time
to time, designate, in writing, by Registered or Certified Mail,
Return Receipt Requested, a substitute address, and thereafter
all notices shall be sent to such substitute address.
30. ~:
Tenant shall assume and pay to Landlord, as additional
rent, prior to the imposition of any fine, penalty, interest or
costs for the non-payment thereof, all excise, sales, gross
receipts, or other tax (other than a net income or excess profits
tax) which may be (i) assessed or imposed on or be measured by
such rent or other charge which may be treated as rent, or (ii)
which may be imposed on the letting or other transaction for
which such tax is payable and which Landlord may be required to
pay or collect under any law now in effect or hereafter enacted
by any governmental authority. In the event any tax is imposed
pursuant to this Paragraph in place of the real property tax,
then Tenant shall receive credit for an amount equal to its
proportionate share of the Base Year tax which would have been
paid pursuant to Paragraph 3 hereof.
31. e resent t'ons:
Landlord or Landlord's agents have made no
representations or promises with respect to the said building or
Demised Premises except as herein expressly set forth.
32. ial b r :
Landlord and Tenant do hereby waive trial by jury in
any action, proceeding or counter claim brought by either of the
parties hereto against the other on any matters whatsoever
arising out of or in any way connected with this Lease, the
relationship of Landlord and Tenant, Tenant's use or occupancy of
the demised premises, and/or any clalm of injury or damage, and
any emergency statutory or any other statutory remedy.
33. Parking:
During the term of this Lease, customers of Tenant will
be entitled to the non-exclusive use, free of charge but in
common with others, of the driveways, footways, and parking areas
provided that such use shall be subject to such rules and
regulations as Landlord may, from time to time, prescribe
governing the same; and provided further that Landlord shall at
all times have full and exclusive control, management and
direction of said driveways, footways and parking areas.
Landlord shall further have the right to police the same; to
restrict parking by Tenant, their agents and employees; to
designate employee parking areas; to close temporarily all or any
portion of the parking areas or facilities as may be required for
proper maintenance and/or repairs; to discourage non-customer
parking; and to do and perform such other acts in and to such
areas in the use of its business judgement, the Landlord shall
determine to be advisable in order to improve or make more ~
convenient use thereof by Tenant, their officers, agents,
employees and customers. The Landlord may, from time to time,
change the location, layout and arrangement of the parking areas,
driveways and footways and reduce the same by erecting therein
store buildings and other structure or improvements of any kind.
34. Gender:
Reference to masculine, feminine or neuter shall
include proper gender as the case may be. If more than one
Tenant is named herein, the obligations of the person so named
shall be joint and several.
35. Construction of Premises:
To the extent possible, Landlord shall make available
to Tenant the benefits of all warranties and guarantees obtained
from contractors, subcontractors, suppliers and manufacturers in
connection with the original construction and subsequent
alteration and repair of the premises and appurtenances.
36. ccess b Tea t:
Prior to the commencement date, Landlord shall allow
the Tenant and their agents or employees to enter upon the
premises for the purpose of erecting fixtures and improvements
not provided by the Landlord. The Tenant covenants that they and
their agents or employees shall enter on the premises and do
their work at such times and in a manner which will not interfere
with the work being performed by the Landlord. The Tenant
further covenants that all work done by them or on their behalf
shall be done in a good and workmanlike manner. The entry upon
the premises by the Tenant or their agents or employees pursuant
to this Paragraph shall not be deemed to be occupancy of the
premises for the purpose of Paragraph i hereof.
37. EetODDel Certificates:
Tenant agrees that at any time, and from time to time,
upon not less than five (5) days prior notice by Landlord, it
will execute, acknowledge, and deliver to Landlord a statement in
writing certifying that this Lease is unmodified and in full
force and effect (or if there have been modifications, that the
same is in full force and effect as modified, and stating the
modifications) and the dates to which the rent and other charges
have been paid in advance, if any, and stating whether or not, to
the best knowledge of the signer of such certificate, Landlord is
in default in the performance of any covenant, agreement or
condition contained in this Lease and, if so, specifying each
such default of which the signer may have knowledge, it being
intended that any such statement delivered hereunder may be
relied upon by any third party not a party to this Lease.
38. Landlord's Liability:
It is understood that Landlord is a Maryland General
Partnerehip, and it is agreed, that in the event of the entry of
any judgment against the partners of said partnership, as it is
now or may hereafter be constituted, arising out of or by virtue
of any obligation required of Landlord pursuant to this Lease, no
assets of any partner shall be liable to levy and/or execution
and/or sale for satisfaction of said judgement except for the
12
partner's interest in the partnership property of said
partnership.
39. Landlord's Insurance Premiums:
Tenant agrees to pay, as additional rent, within thirty
(30) days after being billed therefor by Landlord, 4.37% of any
and all insurance premiums charged Landlord for Landlord's fire,
extended coverage and liability insurances, including umbrella
coverage with respect to the Building. Such additional rent
shall be pro-rated for the last lease year.
40. Possession:
The parties hereto anticipate that the Leased Premises
will be ready for occupancy on or about the first day of May,
1997. In the event the premises is not ready for occupancy on
the date stipulated, the Lease shall nevertheless continue in
full force and effect and Tenant shall have no right to rescind,
cancel or terminate the same, nor shall the Landlord be liable
for damages, if any, sustained by Tenant's inability to obtain
possession on such date, except that the commencement date shall
be moved forward to the date on which possession is made
available.
Provided Tenant obtains building permit and pays $2750
with the execution of this Lease towards Tenant Improvements,
Landlord agrees, at its cost and expense, to do the following
work within the premises:
1) 19 tons of HVAC (4 systems, 4 central returns
and 40 diffusers)
2) Drop ceiling - 2' x 4' in kitchen and 2' x 2'
in restaurant area
3) Drywall demising walls, drywall on outside
walls and drywall separating kitchen area.
4) One (1) men's bathroom - two (2) toilets and
one (1) sink and one (1) ladies' bathroom -
two (2) toilets and one (1) sink.
5) Eight (8) 2' x 4' fluorescent fixtures with
acrylic lenses in kitchen (other lights
Tenant's responsibility)
6) 300 amps of power.
42. O t'on to R ew:
Landlord covenants and agrees that if Tenant shall not
be in default in the performance of any of the covenants,
conditions and agreements of this Lease and no condition exists
which will result in a default with the mere passage of time,
Tenant shall have the right and privilege, at its election, to
renew this Lease for a further term of five (5) years by
signifying its intention to renew, in writing, to the Landlord no
later than six (6) months preceding the termination date of the
original term of this Lease, time being of the essence. This
renewal term shall be upon the same terms, covenants and
conditions as are set forth herein for the original term, saving
that the annual rent (as set forth in Paragraph i of this Lease)
for the renewal term shall be as follows:
Year
11 $67,200.00
12 $67,200.00
13 $72,000.00
14 $72,000.00
15 $72,000.00
Monthly Rent
~, 600. oo ,h~ -~1~
5,600.00
6,000.00
6,000.00
6,000.00 ,
13
43. Common Area Maintenance
Landlord or its affiliates, subsidiaries, agents or
employees shall be responsible for the maintenance of landscaping
around the building(s) (lawncutting, snow removal, trash removal,
etc.) in which the premises are located, as well as all the cost
and expense of repainting and general exterior maintenance and
other maintenance of the common area, parking area, driveways and
alleys. Landlord or its affiliates, subsidiaries, agents or
employees shall also be responsible for the cost and expense of
maintaining and illuminating the common areas around the
buildings(s).
Tenant shall reimburse Landlord for Tenant's
proportionate share (4.37%) of such costs within thirty (30))
days after Landlord's request therefor. The costs shall be
calculated on a calendar year base with equitable adjustments if
the first and the last year of the lease term are not a full
calendar year. At Landlord's option, Tenant shall pay Landlord
one twelfth (1/12) of Landlord's reasonable estimate of such
costs on an annual basis, which payment shall be included with
Tenant's monthly payment of base rental. Appropriate adjustments
shall be made between Landlord and Tenant upon the determination
of the actual amount of such costs by Landlord. Landlord shall
provide Tenant with' written notice (the ,,Adjustment Notice") of
the actual adjustment to be made by and between Landlord and
Tenant. Upon ten (10) days advance written notice received by
Landlord no later than thirty (30) days after the Adjustment
Notice is sent, Tenant may inspect Landlord's books and records
pertaining to such costs for the immediately preceding lease year
at a location and date reasonably acceptable to Landlord but no
later than ninety (90) days after the Adjustment Notice is sent.
Tenant shall have no additional right to inspect Landlord's books
and records unless specifically stated otherwise in this Lease.
44. Misc--:
This Lease and the covenants, terms and conditions
contained herein shall inure to the benefit of and be binding on
Landlord, provided that if Landlord sells or otherwise transfers
title to building or Real Property, the Landlord shall be
relieved of all covenants and obligations hereunder upon
completion of such sale or transfer, and it shall be considered
that the transferee has assumed and agreed to carry out all of
the obligations of the Landlord hereunder. This Lease and the
covenants, terms and conditions contained herein shall be binding
on and inure to the benefit of the Tenant, its heirs,
distributees, executors, administrators, successors, and, except
as otherwise provided in this Lease, its assigns.
IN WITNESS WHEREOF, the parties hereto, by the properly
authorized persons and with their respective seals attached, have
duly executed this Lease the day and year first above written.
WI TNES S:
leases\cheng
4/2/97.
BY: (SEAL)
A_~u~r' I~. A~ler
CHUN ~ CHENGz~
14
RULES AND REGULATIONS
1. The sidewalks, halls passages, elevators and
stairways shall not be obstructed by any of the tenants, or used
by them for any other purpose than for ingress and egress to and
from their respective leased premises.
2. Tenants, their clerks or servants, shall not make
or commit any improper noises or disturbances of any kind in the
building, or mark or defile the waterclosets, toilet rooms,
walls, windows, elevators or doors of the building, or interfere
in any way with other tenants or those having business with them.
3. No carpet, rug or other article shall be hung or
shaken out any window or placed in corridors as a door mat, and
nothing shall be thrown or allowed to drop by the tenants, their
clerks or employees, out of the windows or doors, or down
passages or shafts of the building, and no tenants shall sweep or
throw, or permit to be thrown from the leased premises, or any
dirt or other substance into any of the corridors or halls,
elevators, shafts or stairways of said building.
4. The toiletrooms, waterclosets, and other water
apparatus shall not be used for any purpose other than those for
which they were constructed, and no sweeping, rubbish, rags,
ashes, chemicals, or the refuse from electric batteries, or other
unsuitable substances, shall be thrown therein. Any damage
resulting from such misuse or abuse shall be borne by tenant by
whom or by whose employees or visitors it shall be caused.
5. Nothing shall be placed on the outside of the
building, or on the windows, windowsills,, or projections.
6. No sign, advertisement, or notice shall be
~nscribed, painted or affixed on any part of the outside or
inside of sa~d building unless of such color, size, and style,
and in such places upon or in said building as shall be first
designated by Landlord. Signs on doors and windows, where
permitted or required, will be affixed for the tenants by a
contractor chosen by Landlord, the cost of the sign and of the
affixing to be paid by tenant.
7. After permission to install telephones, call
boxes, telegraph wires, or other electrical wires has been
granted, Landlord will direct where and how same are to be
placed. No wires shall be run in any part of the building
outside of the leased premises excepting by or under the
direction of Landlord. The attaching of wires to the outside of
the building is absolutely prohibited. No boring or cutting of
floors or partitions for wires is permitted except with prior
written consent of Landlord.
8. Tenants may use their own safes, but Landlord
shall the right to prescribe the weight and proper position of
safes, and no safe shall be hoisted or placed in any part of the
building excepting under the direction of Landlord's agents. Ail
damage to the building caused by installing, maintaining or
removing safe, furniture, equipment or other property shall be
repaired at expense of tenant.
9. Each tenant must, upon termination of his Lease,
surrender all keys delivered to said tenant.
10. No tenant shall do or permit anything to be done
in said premises or bring or keep anything therein which will in
any way increase the rate of fire insurance on said building or
on property kept therein, or obstruct or interfere with the
rights of other tenants, or in any way injure.or annoy them, or
conflict with the laws relating to fires, or with the regulation
of the Fire Department or wit~ any insurance policy upon said
15
building or any part thereof, or conflict with any of the rules
and ordinances of the Department of Health. Tenant shall not
conduct or permit any auction on the premises.
11~ Any and all damage to floors, walls or ceilings or
to personal property due to tenant or tenant's employees' failure
to shut off running water in any piece of equipment shall be paid
by tenant.
12. Tenant shall not place a load upon any floor of
the demised premises exceeding the floor load per square foot
area which such floor was designed to carry and which is allowed
by law. Business machines and mechanical equipment shall be
placed and maintained by tenant at tenant's expense in settings
sufficient, in Landlord's reasonable judgment, to absorb and
prevent vibration, noise and annoyance.
13. Landlord reserves the right to exclude or expel
from the shopping center any persons who, in the judgment of
Landlord, are intoxicated or under the influence of liquor or
drugs, if their behavior is deemed to be disturbing to other
tenants of the building, or who shall do anything in violation of
the Rules and Regulations of the shopping center.
14. Landlord shall have the right to prohibit any
advertising by any tenant which, in Landlord's opinion, tends to
impair the reputation of the shopping center or its desirability
as a center for quality stores, and upon written notice from
Landlord, such tenant shall refrain from or discontinue such
advertising.
15. Landlord assumes no responsibility and shall not
be liable for any damage resulting from the admission of any
authorized or unauthorized person to the building.
16. No tenant will install blinds, shades, awnings, or
other form of inside or outside window covering, or window
ventilators or similar devices, without the prior written consent
of Landlord, which consent shall not be unreasonably withheld.
leases\cheng
4/2/97
16
Simpson FeFFy Road ·
EXHIBIT B
LEASE ASSIGNMENT AGREEMENT
Windsor Park Shopping Centers, LLP
and
Chun Lam Cheng and Hung Yun d/b/a Sunny Garden Restaurant
THIS AGREEMENT, made this ~ day of April, 1999, by and among WINDSOR
PARK SHOPPIlqG CENTER~ PARTNERSHIP, LLP, hereinafter called "Landlord", and CI-IUlq
LAM CI-[ElqG, hereinafter called "Tenant", and HU'NG YUN d/bls SUNNY GARDEN
RESTAURANT, hereina~er called the "Assignee".
Explanatory Statement
Landlord and Tenant are parties to a Lease dated April 21, 1997 (hereina-~er called the
"Lease") for the premises described as 5202 Simpson Ferry Road, Suites 108, 109 & 110.
Tenant desires to assign to Assignee all of Tenant's right, title and interest in and to said Lease, and
Landlord is willing to consent thereto.
NOW THEREFORE, thc parties hereto covenant for themselves and their respective heirs, personal
representatives, successors and assigns as follows:
1. Tenant hereby sells and assigns to Assignee all of its right, title and interest in and to the said
Lease for and during the remainder of the term mentioned therein, subject to the covenants and
conditions therein mentioned.
2. Assignee hereby assumes thc said Lease for the balance of the term thereof, and agrees to
faithfully perform all of the covenants, stipulations and agreements contained therein, and,
particularly, to pay the rent and additional rent as therein provided, all to the same extent and as
though the Assignee were the Tenant under thc said Lease.
3. Assignee covenants and agrees that he shall do nothing that shall have the effect of creating a
breach of any of the terms, covenants, and conditions of the Lease.
Basic annual rent for the premises shall be changed as follows:
Year Annual Rent
5/1/99 - 9/30/99 N/A
10/I/99-9/30/00 $48,000.00
1011/00-9/30/01 $52,800.00
10/1/01-9/30/02 $52,800.00
10/I/02-9/30/03 $52,800.00
10/I/03-9/30/04 $57,600.00
10/1104-9/30/05 $57,600.00
10/I/05-9/30/06 $57,600.00
10/1/06-9/30/07 $62,400.00
Monthly Rant
$ 4,000.00 '~
$ 4,000.00
$ 4,400.00 ~
4,400.00
$ 4,400.00 /
$ 4,800.00 ~
$ 4,soo.on)
$ 4,800.00 /
$ 5,200.00
5. Basic annual rent shall abate for a period of one (1) month beginning May 1, 1999.
Basic annual rent for Section 42 of the Lease (Option to Renew) shall be changed as follows:
Year Annual Rent Monthly Rent
11 $62,400.00 $ 5,200.00
12 $62,400.00 $ 5,200.00
13 $67,200.00 $ 5,600.00-
14 $67,200.00 $ 5,600.00
15 $67,200.00 $ 5,600.00
Beginning May 1, 1999, Tenant will not be liable under any and/or all of the terms, covenants,
and conditions of the Lease or for the faithful performance thereof. Assignee will be responsible
for any costs or expenses hilled prior to or after May I, 1999.
Security deposit held by "Tenant~ will be transferred to 'Assignee".
Landlord hereby consents to the Assignment, and agrees to accept all rental payments and
payments of additional rent from Assignee, but upon the express condition that neither such
consent nor the collect of rent from the Assignee nor the performance of any of the covenants
and conditions of the Lease by the Assignee shall be deemed a waiver or relinquishment for the
future of the covenant against Assignment or subletting. Landlord acknowledges that the Lease
is in operation and effect and that, at the time of the execution hereof, it has no knowledge of any
default by Tenant thereunder.
10. Thi~ Agreement shall be effective as of the first (Ist) day of May, 1999.
WITNESS the hands and seals of the parties hereto.
WITNESS: WIND~JG CENTERS,
BY:
BY:
KINO'S BUFFET
Churl Lam~heng
LLP
HUNG YUN d/b/a SUNNY GARDEN RESTAURANT
Don San Lee
HUNG YUN d/b/a SUNNY GARDEN RESTAURANT
Li Fen Lee
laasunny
4/28/99.
Sent by:
',,,?ENGER WEIDNER-
7172344224; 12/05/0t 11:59AM;Jecrax #363;Page 8/8
VERIFICATION
1, Elena Roberts, Commercial Lease Administrator for Plaintiff in the foregoing
Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true
and correct to the best of my personal knowledge, information and belief. I verify that all
of the statements made in the foregoing Complaint are true and correct and that false
sta:ements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904,
relenting to unsworn falsification to authorities.
WINDSOR PARK SHOPPING CENTERS
PARTNERSHIP, LLP
Elena Roberts
SHERIFF'S RETURN
CASE NO: 2001-07090 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CLrMBERLAND
WINDSOR PARK SHOPPING CENTERS
VS
LEE DON SAN ET AL
- OUT OF COUNTY
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
LEE DON SAN
but was unable to locate Him in his bailiwick.
deputized the sheriff of DAUPHIN County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania,
to
On January 8th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
18.00
9.00
10.00
36.50
.00
73.50
01/08/2002
WIX WENGER WEIDNER
So answer .~ · ~ j
R ~ThDnfa~ Klin~
Sheriff of Cumberland County
Sworn and subscribed to before me
this //~ day of~
~L~3~ A.D.
/ ! Prothonotar~ ' '
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-07090 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLJkND
WINDSOR PARK SHOPPING CENTERS
VS
LEE DON SAN ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
LEE LI FEN
but was unable to locate Her in his bailiwick.
deputized the sheriff of DAUPHIN County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania,
to
On January 8th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
01/08/2002
WIX WENGER WEIDNER
So answ~: . ~
R.~ Thomas Kline /
Sheriff of Cumberland County
Sworn and subscribed to before me
this //'~ day of ~
A.D.
~ I Prothonot~r~ '
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:December 28,
COMPLAINT
LEE DAN SAN
to HIM
WINDSOR PARK SHOPPING CENTERS PARTNER-
vs
of the original COMPLAINT
to him/her the contents thereof at 5114 EARL DR
HBG, PA 17112-0000
:
LEE DAN SAN
Sheriff's Return
No. 3599-T - - -2001
OTHER COUNTY NO. 01-7090
2001 at 8:32PMserved the within
upon
by personally handing
1 true attested copy(ies)
and making known
Sworn and subscribed to
before me this 2ND day of JANUARY, 2002
/
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
D~uty Sheriff
Sheriff's Costs:S36.50 PD 12/28/2001
RCPT NO 158146
GASPICH
Mary Jane Snyder
Real Estate Deputy
WilliamT. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
A~sistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:December 28, 2001
COMPLAINT
LEE LI FEN
to DD/~ SAN LEE
of the original COMPLAINT
to him/her the contents thereof at 5114 EARL DR
HBG, PA 17112-0000
WINDSOR PARK SHOPPING CENTERS PARTNER-
vs
:
LEE DAN SAN
Sheriff's Return
No. 3599-T - - -2001
OTHER COUNTY NO. 01-7090
at 8:32PMserved the within
upon
by personally handing
1 true attested copy(ies)
and making known
Sworn and subscribed to
before me this 2ND
day of J~NUARY, 2002
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
'" ~u~ty Sheriff
Sheriff's Costs:S36.50 PD 12/28/2001
RCPT NO 158146
GASPICH
In'Th6 Court of Common Pleas of Cumberland County, Pen nsylvania
Windsor Park Shopping Centers Partnership, LLP
VS.
Dan San Lee et al
SERVE: Dan San Lee No. 01 7090 civil
~'4ow, December 20, 2001
hereby deputize the Sheriff of
deputation being made at the request and risk of the Plaintiff.
, I, SHERIFF OF CUMBERLAND COUNT'f, PA, do
Dauphin County to execute this Writ, this
Sheriff of Cumberland County, PA
Affidavit of Service
,20 , at
o'clock M. served the
within
upon
at
by handing to
m~d made known to
copy of the original
~0 ~nswers ~
the contents thereof.
Sworn and Subscribed before
me this __. day of ,20
Sheriff o£
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
I~ The Court of Common Pleas of Cumberland County, pennsylvania
Windsor Park Shopping Centers Partnership, LLP
VS.
Dan San Lee et al
SERVE: Li Fen Lee No, 01 7090 civil
Now, December 20, 2001
hereby deputize the Sheriff of
deputation being made at the request and risk of the Plaintiff.
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Dauphin County to execute this Writ, this
Sheriff of Cumberland County, PA
within
Affidavi~ of Service
,20 , at
o'clock M. served the
i/pon
at
by handing to
a
and made known to
copy of the ohginal
~0 8/ISWer$ ~
the contents thereof.
Sworn and subscribed before
me this day of ,20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
WINDSOR PARK SHOPPING
CENTERS PARTNERSHIP, LLP,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
DON SAN LEE and LI FEN LEE,
individually and t/a HUNG YUN d/b/a
SUNNY GARDEN RESTAURANT,
Defendants
NO. '7 90
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
To: Don San Lee and Li Fen Lee, Defendants
You are hereby notified that on ~ 1 ;A,.: ,2002, the following (Omer-) (Dec~ee)
(Judgment) has been entered against you in the above-captioned case.
$37,411.59 plus costs and interest
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Don San Lee Li Fen Lee
5114 Earl Drive 5114 Earl Drive
Harrisburg, PA 17112 Harrisburg, PA 17112
A: Don San Lee and Li Fen Lee, Defendido/a
Defendidos/as
Por este medio se le esta notificando que et de del 2002, el/la siguiente
(Or~e~), (Dec:,reto), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Prothonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el ce~ificado de
residencia:
Don San Lee
5114 Earl Drive
Harrisburg, PA 17112
Li Fen Lee
5114 Earl Drive
Harrisburg, PA 17112
Abogado del Demandante
WINDSOR PARK SHOPPING
CENTERS PARTNERSHIP, LLP,
: IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V,
: NO.
DON SAN LEE and LI FEN LEE,
individually and t/a HUNG YUN d/b/a
SUNNY GARDEN RESTAURANT,
Defendants
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
TO THE PROTHONOTARY:
Please enter judgment by default in favor of Plaintiff and against Defendants,
Don San Lee and Li Fen Lee, individually and t/a Hung Yun, d/b/a Sunny Garden
Restaurant, for their failure to plead to the Complaint in this action within the required time.
The Complaint, which was filed on December 18, 2001, contained a Notice to Defend the
action within 20 days from the date of service thereof. Defendants were served with the
Complaint on December 28, 2001, and their answer was due to be filed on
January 17, 2001.
Attached as Exhibit A is a copy of Plaintiff's written Notice of Default in accordance
with Pa.R.C.P. 237.1, which I certify was mailed by regular mail to the Defendants at their
last known address on January 22, 2002, which is at least ten days prior to the filing of this
Praecipe. Defendants have failed to appear or take any action.
Please assess damages in the amount of $37,411.59,,J~
in the Complaint, plus costs and interest.
//
Respectfully S~l~mitted,
>~~?~WlX, WE & EIr)NER
I.D. #62051
Street
P.O.
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
DATE: February 8, 2002
~ing the amount demanded
WINDSOR PARK SHOPPING
CENTERS PARTNERSHIP, LLP,
Plaintiff
DON SAN LEE and LI FEN LEE,
individually and t/a HUNG YUN d/b/a
SUNNY GARDEN RESTAURANT,
Defendants
iN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-7090
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
TO:
Defendants, Dan San Lee and Li Fen Lee, individually and Fa Hung Yun
d/b/a Sunny Garden Restaurant, 5114 Earl Drive, Harrisburg, PA 17112.
IMPORTANT NOTICE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHETHER YOU CAN
GET LEGAL HELP:
DATE: January 22, 2002
Cumberland County Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
One Courthouse Square //
Carlisle, PA 17013 //
(717) 240-6200 t//, '
WIX, WI~G/I~ &,~/V ElD N E R
'~.~ev~,l~ R. Williams, I.D. #62051
/' 508 lqorth Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
WINDSOR PARK SHOPPING
CENTERS PARTNERSHIP, LLP,
Plaintiff
Vo
DON SAN LEE and LI FEN LEE,
individually and Fa HUNG YUN d/b/a
SUNNY GARDEN RESTAURANT,
Defendants
IN THE COURT OF'COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-7090
:
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
NOTIClA IMPORTANTE
USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA
FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI
USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA
NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN
UNA AUDIENCIA Y'USTED PODRIA PERDER SU PROPIEDAD O OTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU
ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE
PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA
ESCRITA ABA JO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA
AYUDA LEGAL:
Cumberland County Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
WINDSOR pA~K s~opptNG
p~'~nt'~9
DON. anQ ~ ~" N~,
SUNN~ ~" ' JURY T~IAL os~ANDED
Defendants
t hereby ceA~ that the foregoing ~ot~ce was
gmp~d m~t~ ~h~s day ~o the
Don San and Li Fen Lee, individualtY
Sunny Gs~deu
5114 Bari Ddve
~a~dsbu[g, PA 171
Bv:~ Par~eg~l
' ~~nd Street
50~ NoAh
p,O. Box~ 17108-0845
{717)
sent by ~\mt c\aSS, postage
DAR't-: january ~ 2002
Ft~S~742 ~DA~/ID S BF{OWN)\l~332 ~j~/~NDSOR pk~K v. suNNY
22.02,d~
~ANT)\DOCUMENTS\DEFAULTI'
GARD F-N R'