HomeMy WebLinkAbout12-4869
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SIRLIN GALLOGLY & LESSER, P.C. ; > f-' , ~ 1 `
123 South Broad Street, Suite 2100 + ~
Philadelphia, PA 19192 ~ ~ ~ p~
(215) 864-9700 ',JP~EI;L~,r~,~ V~~ ;
By: Peter A. Lesser, Esquire ~~u ~~,~~~.{~~i~
Identification No. 59433 Attorneys for' efen an
CEDAR-PENNSBORO COMMONS LP
By Its Agent: Cedar Realty Trust COURT OF COMMON PLEAS
Partnership, L.P. '
44 South Bayles Avenue CUMBERLAND COUNTY
Port Washington, NY 11050
v.
GUI H. CHEN d/b/a DOLLAR SURPLUS NO. ~ Ot - ~ g',Q 1 I V l I
Pennsboro Commons, Store # 12
346 E. Penn Drive
Enola, PA 17025
WARRANT OF ATTORNEY
ENTRY OF APPEARANCE
PRAECIPE FOR ASSESSMENT OF DAMAGES
AND CONFESSION OF JUDGMENT
TO THE PROTHONOTARY:
Enter my appearance for and on behalf of Defendant, GUI H. CHF,N d/b/a
DOLLAR SURPLUS, above named:
I hereby confess Judgment in favor of Plaintiff and against Defendant by virtue lof
the Warrant of Attorney contained in 1:he Lease attached hereto and assess damages as follows:
X30
C ~ ~ppq~
~ ~ kk
~ office ~
Unpaid rent, common area maintenance charges,
Late fees and real estate taxes through
July 12, 2012 $42,410.74
Attorneys' Commission 10% $ 4,241.07
Total 46 651.1
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PETER A. LESSER, ESQUIRE
Attorney for Defendant
2
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SIRLIN GALLOGLY & LESSER, P.C. ~ ; i~ ~ ; F7 ,
123 South Broad Street, Suite 2100
Philadelphia, PA 19192 `l~' f'~ ~
(215) 864-9700 ;~~.#P~~~~..l~x~Lt C~i~~ ~
By: Peter A. Lesser, Esquire ~~~lNSYl..~~~~I~
Identification No. 59433 Attorneys for Defendant
CEDAR-PENNSBORO COMMONS LP
By Its Agent: Cedar Realty Trust COURT OF COMMON PLEAS
Partnership, L.P.
44 South Bayles Avenue CUMBERLAND COUNTY
Port Washington, NY 11050
~~vi<
GUI H. CHEN d/b/a DOLLAR SURPLUS NO. ~ Q~ ' ~ ~
Pennsboro Commons, Store #12
346 E. Penn Drive
Enola, PA 17025
WARRANT OF ATTORNEY
ENTRY OF APPEARANCE
PRAECIPE FOR ASSESSMENT OF DAMAGES
AND CONFESSION OF JUDGMENT
IN EJECTMENT
TO THE PROTHONOTARY:
Enter my appearance for and on behalf of defendant, GUI H, CHEN d/b/a DOLLAR SURPLLVS,
above named.
1 hereby confess Judgment in favor of Plaintiff and against Defendant by virtue of the Warrant] of
Attorney contained in the Lease attached hereto and demand judgment In Ejectment for possession of
approximately 3,600 square feet of commercial space located at the Pennsboro Commons, Store #12, 3146
E. Penn llrive, Enola, PA 17025.
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PETER A. LESSER, ESQUIRE
Attorney for Plaintiff
~ ~ ~ C~ ~~xl Ulf
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SIRLIN GALLOGLY & LESSER, P.C. = ~ ~
~ T ~i C~ ~ ( ,
123 South Broad Street, Suite 2100
Philadelphia, PA 19192 AUG -3 PM
(215) 864-9700 ~~B~k~~.~'~3 ~ ~
By: Peter A. Lesser, Esquire ~'E~t1~5YLVA~IA
Identification No. 59433 Attorneys for Plaintiff
CEDAR-PENNSBORO COMMONS LP
By Its Agent: Cedar Realty Trust COURT OF COMMON PLEAS
Partnership, L.P.
44 South Bayles Avenue CUMBERLAND COUNTY
Port Washington, NY 11050
v.
GUI H. CHEN d/b/a DOLLAR SURPLUS NO. f ~ ~ L ~ ~
Pennsboro Commons, Store #12
346 E. Penn Drive
Enola, PA 17025
COMPLAINT IN EJECTMENT
CONFESSION OF JUDGMENT -MONEY DAMAGES
PURSUANT TO WARRANT OF ATTORNEY
COUNTI
Breach of Contract -Damages
Plaintiff, through its attorneys, Sirlin Gallogly & Lesser, P.C., sets forth ~he
following cause of action pursuant to the Warrant of Attorney set forth in the Lease dated June 2,
2010.
1. Plaintiff is CEDAR-PENNSBORO COMMONS, LP, a Delaware limited
i
partnership. Its managing agent is Cedar Realty Trust Partnership, L.P. located at 44 South
Bayles Avenue, Port Washington, NY 11050. Plaintiff is the owner of the Pennsboro
Commons Shopping Center located at 346 E. Penn Drive, Enola, PA 17025.
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AFFIDAVIT OF BUSINESS TRANSACTION
STATE OF NEW YORK
:SS.
COUNTY OF NASSAU
BRENDA J. WALKER, being duly sworn according to law, deposes and says that
she is the u
l G~ ~j(L~S l j~E K1T' of Plaintiff, CEDAR-PENi~1SBOR0 COMMONS. LP; that
she is authorized to make this Affidavit on behalf of Plaintiff; and that the transaction upon which
the Judgment is being entered was a business transaction.
V
B NDA W KER
Sworn to and Subscribed
before this ~ day
of 2012.
Notary blic
USA GREENBAUM
Notary Public, State of New 11bIR
No. 02GR6130150
Qualified in New York Coutll~
Commission Expires July 11, II01!
~
AFFIDAVIT
STATE OF NEW YORK
:SS.
COUNTY OF NASSAU
I BRENDA J. WALKER, being duly sworn according to law, deposes and says that
she is the V ~ G~ ~~~5~ ~ NT of Plaintiff, CEDAR-PENNSBORO COMMONS, LP; that
she is authorized to make this Affidavit on behalf of Plaintiff; and hereby states that the agreement
at issue is not a retail sales agreement or contract.
B NDA J. R
Sworn to and Subscribed
before .this ~ day
of 2012.
Notar Public
LISA GREENBAUM
Notary Public, State of New York
No. 02GR6130150
Qualified in New York County
Commission Expires July 11, 2013
_ _ ~ _
AFFIDAVIT
STATE OF NEW YORK
:SS.
COUNTY OF NASSAU
BRENDA J. WALKER, being duly sworn according to law, deposes and says that
she is the _~~i~~sf ~ ~ Wr of Plaintiff, CEDAR-PENNSBORO COMMONS, LP; th~t
she is authorized to make this Affidavit: on behalf of Plaintiff; anal that the Judgment being sought
herein is not being entered against a natural person in connection with a consumer credit
transaction.
V
l./
B NDA J. R
Sworn to and Subscribed
before this ~ day
of ~Lc~ , 2012.
~v~
Notary ublic
IISA GREENBAUM
Notary Public, State of New York
No. 02GR6130150
Qualfied in New Yark Courrty
Commission Expires July 11, 2013
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AFFIDAVIT/VERIFICATION
STATE OF NEW YORK
:SS.
COUNTY OF NASSAU
I BRENDA J. WALKER, being duly sworn according to law, deposes and says that
she is the _ VtGE ~i~i~Si~ENr of Plaintiff, CEDAR-PENNSBORO COMMONS, LP; that
she is authorized to make this Affidavit on behalf of Plaintiff; and hereby verifies that the facts
set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of
her knowledge, information and belief. Affiant understands that the statements in the
foregoing Complaint in Confession of Judgment are made subject to the penalties of 18 Pa.
CSA Section 4904 relating to unsworn falsification to authorities. The Exhibits attached to tlhe
Complaint are true and. correct copies of the original Lease and documents.
RENDA J. W KER
Sworn to and Subscribed
before me this day
of ~ , 2012.
Notary Pu is
LISA 1UM
~y PubNQ ~ of New Vbrk
N0.020R8130150
Qualified in Mew York County
Cortunission July 11, 2013
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By letter to Defendant dated June 28, 201.2, Plaintiff provided a written notice of
default to Defendant. A true and correct copy of said letter is attached hereto as Exhibit "C" arid
made a part hereof.
The balance due pursuant to the Lease as of July 12, 2012 is $46,651.81 which
represents unpaid rent and proper charges specifically set forth in Paragraphs 5 and 6 above in tl~e
amount of $42,410.74 together with an attorneys' commission of 10% in the amount of $4,241.07'
B NDA J. KER
Sworn to and Subscribed
before me this f3 day
of 2012.
Notary ublic
LISA GREENBAUM
Notary Public, State of NewYotk
No. 02GR6130150
Qualified in New York County
Commission Expires July 11, 2013
CERTIFICATION OF ADDRESSES
STATE OF NEW YORK
:SS.
COUNTY OF NASSAU
BRENDA J. WALKER, being duly sworn according to law, deposes and says that
she is the V ~ ~ ~2.~5Ip of Plaintiff, CEDAR-PENNSBORO COMMONS, LP; ar~d
that she is authorized to make the following Affidavit on behalf of Plaintiff:
Affiant certifies that the present business address of Defendant is the Pennsbo#~o
Commons, Store #12, 346 E. Penn Drive, Enola, PA 17025 and the business address of judgmelnt
creditor Plaintiff is 44 South Bayles Avenue, Suite 304, Port Washington, NY 11050.
B NDA . W KER
Sworn to and Subsc~}',bed
before me this ~~day
of ~l 2012.
Notary Public
l~A ~AUM
Nalhr Pub1c, 8tW of nleww tAMt
No. aec~aotso
autlN~d In PNw lbdc cotM~r
OonMaMion~.tuy tt.zmi
k, fa 1
AFFIDAVIT OF INCOME
STATE OF NEW YORK
:SS.
COUNTY OF NASSAU
BRENllA J. WALKER, being duly sworn according to law, deposes and says that
she is the _ ~ iC ~ ~2PS ~~~Nr of Plaintiff, CEDAR-PENNSBORO COMMONS, LP; that
she is authorized to make this Affidavit on behalf Plaintiff; and that the income of Defendant is in
excess of $10,000.00 per year.
Affiant also certifies that the business address of Defendant is the Pennsboi~o
Commons, Store #12, 346 E. Penn Drive, Enola, PA 17025 and that the address of the judgment
creditor Plaintiff is 44 South Bayles Avenue, Suite 304, Port Washington, NY 11050.
B NDA WA KER
Sworn to and Subs ribed
before me this ~~day
of 2012.
r
Notary Public
USA GREENBIWM
Nolrft PubNa. Stage of New MOIk
Na pQ(,R6190150
alt 11 2011
AFFIDAVIT OFNON-MILITARY SERVICE
STATE OF NEW YORK
:SS.
COUNTY OF NASSAU
BRENDA J. WALKER, being duly sworn according to law, deposes and says that
she is the _ V G ~.~'S 1'V~ of Plaintiff, CEDAR-PENNSBORO COMMONS, LP; that
she is authorized to make this Affidavit on behalf Plaintiff; and that Defendant, GUI H. CHEN, its
not in the military Service of the United States, nor any State or Territory thereof or its allies as
defined in the Soldiers° and Sailors' Civil Relief Act of 1940 and the amendments thereto. Attach$d
is a report from the Department of Defense Manpower Data Center regarding the military status ~f
Defendant, GUI H. CHEN, which confirms his non-military status.
B NDA . WA R
Sworn to and Subscribed
before .this /7t~day
of ~ , 2012.
OCR-E.}~~2~-~
Notary Public
LISA GREENBAUM
Notary Pt~lic, State of New Ybdt
No. 02GR6130150
Quel'~fied in New York County
Commission Expires Juy 11, 201
Results as of :Jul-26-2012 10:00:22
Department of Defense Manpower Data Center
SCRA 2.2.2
Status R~part
want to Serviceme~nbers Civil Relief Apt
Last Name: CHEN First Name: GUI H
Active Duty Status As Of: Jul-26-2012
Active Duty Start Date Active Dury End Date Status Service Component
On Active Duty On Actlve Duty Status Date
NA NA No NA
This response reflects the individuals' active duty status based on the Active Dury Status Date
Left ActWe Dury Within 367 Days of Active Duty Statue Date
Active Duty Start Date Active Dury End Date Stetus Servica Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member orHis/Her Unit Was Notified of a Future Call-Up to Actlve Duty on Actlve Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether ttie individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Heal~h, and
Coast Guard). This status includes information on a Servicemember or hislher unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Elligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly kngwn as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any f$mily
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitlecN to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the'
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty s atus
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 52~(c).
This response reFlects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for fictive
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101 (d) (1 Prior to 2010 only some of the active duty perio~s less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active servi e
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by th
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization positio in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard R serve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the 11.S.
Public Health Service or the National Oceanic and Atmospheric; Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would dot be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services pibriods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this websitej
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of s rvice.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who h ve not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of th SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected I
WARNING: This certificate was provided based on a last Warne, SSN, and active duty status date provided by the requester. Providing erroneous
information will cause an erroneous certificate to be provided.
Report ID: DUQ8J7AAOL
EXHIBIT "A"
t
SIIOI'PING CEN"TI;R
LI;ASL•; AGRI:EAIE:~T
"Tenant: GUI I3. CII~n
Landtord: CEDAR-PI:vNSRORO COyt~IUNS, LY
1
S":Ln~nIV tascSpiatne~ Ir.:m:iYcnnibom CUnuuo: ti:liui E t Chu:'.:.cc~t P;G. U(.Y, I.
_t
ItiI)CX
F?ara~r~h 'T'itle
Fundamentzl Lease Provisions
1 References
2 Premises
3 Temt
4 Mutunum Rent
5 Security Deposit
6 Percentage Rent
7 Gross Sales Defined
8 Landlord and Tenant's Work
9 Conduct of business
10 Common Areas; Corrunon Area Maintenance Cost
I ] Use of Premises; Compliance with Laws
12 Merchants' Association; Center Promotions
13 Utilities and Services
14 Repairs by Landlord
1~ Repairs attd Maintenance by Tenant
16 Taxes
17 Tenant Fixriues Decorations
18 Sibs
I4 Alterations; Liens
20 Indemnity; Liability of Tenant and Landlord
21 Insurance
22 Damage by Fue or Other Casualty
23 Assignment and Subletting
24 Condemnation
25 Default; I:emedies
26 Mortgages
27 Successors and Assibms
28 Access to Premises
29 Termination
30 Estatent I,attd
31 Holding Over
32 Interest: Attorney's Fees
33 Recording
34 Non-Waiver
3S T'ime of the Essence
36 SeverabiIity
37 Relocation
38 Notices
39 Force Majeure
40 Brokerage
43 Landlord's Liability
42 Captions
43 Entire Agreement; Amendment; Consents
44 Jurisdiction and Venue
45 -Tenant Obligations
46 Rules and Regulations
47 TransferTascs
48 Confession of Judgment; RTaiver
49 Quiet Enjoyment
~0 Fwnishinl; of Financial Statements
1 Trade Name
52 Waiver of Counterclaims attd Trial by .fury
j3 Specific Perfbmtanee of Landlord's Rights
54 Execution and Authority_
;5 Tenant Damages
~6 'Tenant's ~ixclusive Use
SrU.cgyU.eaacsU'nu~sl1vvtin\Pcnnstuun CanunonslGui H Chem.Lta~.e U03 OOC
_ _ _
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kixhibits;
Exhibit ,A -Site Plan of Shopping Center
lxhibit li Premises
Exhibit C - [.andlord's Work and •1'enant's Work
Lxltibit D • Rules and Regulations
T;xhibit 1~ Sign Criteria
3
5`J,oval•.Ic:u~~,Frnu>~3raruuU'cnnshrno routine: .`.(im ti Clmnll .~~nic 11l).-i IX7C
i _
SI30PPING CENTL'lt LEASF, AGR>;EA'II:N"I'
PI3NNSBORO COMMONS SHOPPING CENTER
THIS SHOPI'INCy CENTER LEASE (the "Lease"j is executed and made as of
2010, by and behveen CEl)A12-PENNSBURO COMMONS, LP
(herein called "hand(ord"}, a Delaware limited pattnership azrd GUI II. CHEN, an adult individual
residing at 2221 W. Market Street, Pottsville, Petmsylvatria [7901 (herein called "Tenant"),
Landlord ~utd Tenant having the :following notice addresses nn the date of this Lease (see Sec. 38}:
Landlord
Cedar-Pennsboro Commons, I,P
c/o Cedar Shopping Centers Partnezship, L.Y.
44 South Bayles Avenue, #304 '
Pon Washington, New Yozk 11050 '
1'cnanC
Gui H. Chen 1~axpayer TT) No.
2221 W. Market Street
Pottsville. Petmsylvania 17901
FUNDAMENTAL LEASE PROVISIONS
Certain F'undatnenta] Lease Provisions are presented in this Section and represent the agreement of
the parties hereto, subject to further defuution and elaboration in the respective referenced
Paragraphs and elsewhere in @~is Lease' '
(a) Tenant's Trade Natne: jy/~ _ _ (See Patag. 51)
(b)(i) Term: One (I}initial term of Five Lease Years (See Parag. 3)
(b)(ii) Optiat(s} to Renew: One (I) additional, consecutive
Five (5}Lease Year Option (See Parag. 3)
(c) 'Tenant Store Address: Suite Y12 (See Exh.
(d) Gross Leasable Area ("GhA") of Premises: 3,600 sq. Il. (See Parag. 2}
(e) Tenant's Work (See Parag. 8)
(f) Tenant's "Commencement Date":1'he earlier to occur of (A) Tenant's (See Pazag. 3}
opening for business or (B) ninety (90) days after the delivery of the
Premises by the Landlord. '
(g) Minimum Rent: (See Parag. 4} '
Period Annual Amotu~t Iv_lc>nthl~~ Antoiuiis
l.,ease Year 1 $36;000.00 $3,000.00 '
hease Year 2 $37,080.00 53,090.00
Lease Year 3 $38,:1.96.00 53,183.00
Lease Year 4 539.348.00 .53.279.00
Lease Year 5 $40,.136.00 53,378.00
Own Yc=u~s '
Lease Year 6 $432(10.00 53,600.00
Lease Year 7 545.3GU.00 $3.78UA0
Lease Year 8 $48,060.00 54,005.00
Lcasc Yeas 9 $50,940,00 54245.00
Lease Yc~u 10 $54,000.00 $4500.00
SaL:gal'd.eaa•-:`,PcnnsyWanialPcnns6orofomnx:nstGm ii Chemd.eaze ~itG.ExK'
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(h) Seetu7ty I?cposit: S7,R72.00 (Sec Parag.
(i) Ivterchants Association; Center Promotions (See Parag. 12)
(j) (;ertain Other Charges Payable by "I~enant:
7~ax Charge (See !'arag. 16)
Common Araa tvlaintenancc Charge (Sec Parag. ] 0)
[.}tiliiies (See Parag. 13}
(k) "Agent" and
To Whom Rent
Payable: Cedar-Pennsboro Cormnons, L,P
c% Cedar Shopping Centers Partnership, I,.P.
44 Suutlt Bayles Avenue, Suite 304
fort V~~ashington, NY 1 ] 050
(1} The retail sale of general nterchatrdise and items typically sold in "Dollar store" yr "Dollar
type" price points stores, including the incidental sale of food items, candy and snacks,
~~~kuch food items shall not exceed an area of one hundred eighty (180) square feet, attd
which ate not otherwise prohibited purstrant to any exclusive use restrictions held by other
tenants of the Shopping (;enter, all in accordance with al} Laws, and for nu other use ur
purpose. Tenant acknowledges attd agrees that at no time shall 'Tenant be permitted to sell
any perishable products in the Premises, including but not limited to meat, fish, poultry.
cheese, milk, frozen foods, ar produce. (See Parag. 1(}
(rn) Shopping Center: }'c;nnsbum Commons
300-399 East Penn Drive
I;nola, Pennsylvania 17025 (See Parag. 2}
5
5.~1cg.A`d.ca c-+\Prnnsvlv:unalPuuuhcrn c:'ommm~, Uul H i:hrnll.,r.»c Cq~r: r~i'
~VITNESSETII:
1. REFERENCES. R.efcrences appearing in the Fundamental Lease Provisions are to
designate some of the other places in this Lease where additional provisions applicable to the
particular Fundamental Lease Provisions appear. Each reference in this Lease to any of the
Ftrrrdamental Lease Provisions beginning on Page ] of this Lease ("Page l shall be construed to
incorporate all of the terms provided for trader such provisions, and swell provisions shall be read in
conjunction with all other provisions of this Lease applicable thereto. if there is any cwttlict
between arty of the Fttndatnentai Lease Provisions set forth on Page I and any other provisions of
this Lease, the latter shall control. "1'he listing on Page 1 of monetary charges payable by Tenant
shall not be construed tv be an exhaustive list of all charges or the amount thereof payable by Tenant
under this Lease.
2. PREr14ISES. Por and in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of Tenant to be observed and performed, Lattdlard demises artd
Leases to Tenant, and ')'enarn Leases, rents, and agrees to accept from Landlord certain premises
constituting a portion of Ate Shopping Center as more particularly shown on Exhibit A attached
hereto attd made a part hereof which premises leased to Tenant ("Premises") are described as
fo] lows:
A store without basement having a GLA of Premises, indicated on the Fwndamental
Lease Provisions, measured from the center lines of cortunon walls and from the exterior of any walls
not shazed by Tenant in common with others), the approximate boundaries and location of which store
are shown on Exhibit B attached hereto and made a pare hereof.
"The Premises a~•e demised and leased subject to all zoning ordinances, taws.
ordinances. orders, regulations, rules or requirements of any federal, state, city, county ar other
governmental, public or quasi-public authority, or any departrttent or bureau thereof, now existing or
hereafter created (collectively, "Laws"), and the state of title o1" the Shopping Center, and any
statement of facts which an accurate survey may disclose, together with all easements, mortgages,
security deeds, deeds of trust, agreements, encumbrances, and all other liens, chazges yr other matters '
o£ any nature, recorded, now or hereafter affecting the Premises or fire Shopping Center. The
Premises do not include the exterior walls, any space above the underside of the roof deck of the
ceiling above the Premises, roof; slab or the land beneath the Premises, and no rights, licenses or
easements are created hereunder, except as expressly demised hereunder, and no easemeut for light or
air is leased with or included in the Premises. Exhibit A shall not be deemed to he a wananty,
representation or agreement on the part of the Landlord that the Shopping Center is or will be as
indicated on said diagram. As soon as the Commencement Date (as hereinafter defined) is Icno4vn.
Landlord and Tenant shall execute art agreement setting forth the Commencement Date and
termination date of the initial term.
3. TERM. (a) "I'he term ("Temt") of this Lease shall commence upon the Commencement
llate as defined in the Fundamental Lease Provisions and shall expire on the last day of the firll
calendaz month following the fifth (Stl~} arutiversary of Ehe Cornmencelneni Datc, unless the
Commencement Date shall have occurred on the first day of calendar month in which event the
Lease shall expire on the day prior to the Fif}h (5°i) atutiversary of the Commencement Date (the
"Expiration Date"). In the event that 'Centurt occupies the Premises prior to Lte Commencement
Date for any purpose, then all obligations of Tenant set forth herein which commence upon the
Commencement Date (other than the payment of Minimum Rent, the Tax Rent and Common Area
Maintenance Charges) shall be applicable throughout such period of occupancy prior to the
Conunencement Date.
(b) Option to Retrew. Tenant shall have the option(s) to extend the initial tern of
this Lease as set forth in the Fundarncntal Lease Provisions. Tenant must give the Landlord at Icast
one (1) ye<u's prior written notification to extend this Lease for each Option "fenn. Itt order to he
effective, Tenant must not be in default in any of its obligations order tlvs i.easc a2 the time of such
notice is given or upon the el~ecth'e date of such renev\al. Landlord, in its sole opinion and
discretion may elect to extend the fenn of this 1_case for such Option T'ernr notwithstanding "Tenant's
default. In no event shall a renewal by Landlord be deemed, by guy party, to be a waiver of such
default nor shalt Landlord Ue estoppel from dema,tding that "Tenant cure such default. solely h}
virtue of ex ending the Tenn of the Lease.
(c) Definition of Lease Fear. As used in this Lease, the term "Lease. Year" shall have
the following meaning: In the event the Commencement Date is the first da} of a month, then the first
Lease Year shall be the period commencing on the Commencement Date and ending on the day
before the f`>rst arutiversary of thr. Corrunencenrent Date. Lr all other cases, the first Lease Yeaz shall
6
S:Ural'1ca.cy~lf'cnnsyivania~Pcunsboro Common<~.Gui Fi Cncn~Lcase 003 rXX.
- - _ - -
t
be the period from the Commencement Date to the last day of the month in which the first am»vcrsan'
of the Conunencentcnt Daie occurs. Bach subsequent lease Year shale be each twelve (12) month
period thereafter. Titc final Lease Peat' may be a period of less than twelve (12) months, ending on
the 1?xpiration Date, or earlier termination of this Lease.
4. MINIi14i11V1 RENT.
(a) 'T'enant covenants and agrees to pay to Landlord at the ot3ice of Agent set forth
above, ur at such other place as I_,a»dlord may dr;sign<uc from time to time, without notice or demand
therefor, and without arty abatement, deduction, reduction, recoupment a set-ofl' whatsoever, a fixed
minintttrn rental ("Minimum Rent";t as set It~rth on the Fwtdamental Lease Provisions which shall be
punctually paid monthly in adc=artce commencing on the Commencement Date and continuing
thereafter nu the first day of each succeeding calendar month throughout tltc Tenn. Jf mailed,
Minimum Rent and all other pa}anents under this l..ease shall be mailed in sufficient time and with
adequate postage thereon to be ac:htally recetved b}= Landlord not later than the due date.
A pro rata monthly installment of Minimwn Rent shall be due on the Commencement llate
fur the fast month of• the Term if the Commencement Date is a day other than the first day of a
calendar month. A pro rata monthly installment of Minimum Rent shall be due on the first day of
the last calendar month of the Term to cover rent for the last month of the teen if the Tern for any
reason terminates on a day other than the last day of a calendar month. T}tc pro rata calculation will
be based on a thirty (30) day month.
Notvvitlstanding the foregoing, "henant shall pay the first month's Minimum Rent, Gomrnon
area Manttenance Chazge and 1'ax Charge to Landlord upon execution of this Lease and Landlord
shall apply same towards the first month's rent upon commencement of the Lease Tetm. L
5. SECURITY DEPOSIT'. 'E'enartt shalt deposit with Landlord the sum of S7,8T2.0(t as
security for the faithfiil performance and observance by "]'errant of the terns, provisions and
conditions of this i.ease. It is agreed that in the event Tenant defaults in respect of arty of the terms,
provisions and conditions of this Lease, including, but not limited to, the payment of rent and
additional rent, Landlord may use, apply or retain the whole or any pari of the security so deposited
to the extent required for the payment of any rent and additional rent or arty other sum as tv which
Tenant is ut default or for any sum which Landlord may expend or may be required to expend ly
reason of 'tenant's default i? respect of arty of the terns, covenartts and conditions of this Lease,
including but not limited to, any deranges or deficiency in the re-letting of the Premises, whether
such damages or defciency accrued before or after summary proceedings or other re-entp= of
Landlord. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions,
cvectt<vtis and conditions of this Lease, the security shall. be retunted to Tenant aflcr the date fixed as
the ettd of the Lease and after delivery of entire possession of the llctttised Premises to Landlord. bt
flee event of a sale of the ]and and buildutg or leasing of the building, of which the Premises form a
part, Lartdlord shall have the right tv d•artsfer the security to the vendee or lessee and Landlord shall
tltereupun be released by Tenatu front ail liability fur the return of such security; nerd "I'enanl agrees
tv look to the new Landlvrd solely for the retum vl'said security, and it is agreed that the provisions
hereof shall apply to every tr~utsler or assibmment made of the security tv a new t,andiord. 'T'enant
fttrther covenants that it will not assign or encumber or attempt to assign or encumber the monies
deposited herein as security and that neither Landlvrd nor its successors or assigns shall be bound t>y
arty such assigatntent, encumbrance, attempted assignment or atfempted encumbrance.
b. PERC;uNTA(>I; RENT. Intentionally (knitted
7. "GRUBS SALES" ]>EFtNED, As used ut this Lease. "Gross Sales" means thy sale
price~~tals and rental fees of all goods, wares and merchartdise sold, rented ur . Ltd the
charges fora set•viceS performed by T'enaru or any oilier person; in, at or
fyy`-
txrt"Jte )'remises, (i~r ~
cash; credit or oft vise, without reserve or dcdurtions for uncollect ° I <<
nTourrts. including but not
limited to sales and ser~• ~'~`^~s
(i) where the orders originate in or from the Premises, regardless
li~om whence deliver}= or lx;rl~orh. ce is made, (ii) pars ~ rtfto catalog. mail. telephone, telegraph or
otl3cn,~ise received a Jilled at the Prett ur (~csulting I}om transactions originating ilt, at or
[i~om the Prenses and deposits not reliutde ' tsunuers. All depvsits not rehtnded tv customers
shall be included in Gross Sales. l:xc ~fi~om Gro_: Safes shall he (i) exchanges of merchandise
between Tenant's siores made ~ for the convCnieni ol?r tun of Tenant's business and not to
consummate a sale made 1 tt, or fiom the Premises, (ri) r-trap, manul;tuurcrs, (tit) refunds w
customers on transact,
otheniis~ included in Gross Salr.s, {n=) sa of fi~rrucs, ntachinan= and
ciluipment after y
its t 7~etituu s business in the Pteutises.:utd (vl sales, use or similar taxes
imposed b} a lvernmental authority and a~liected from customers l tch sale. ul installment ur
credit :hall .e treated as a sale ibr the full price in the month Burin<_ ~~hicl; such sale shiN-!Ze made
~
S.I ;:r: l ~:P.ne>~Irsnrr.1'cna_hau!ConununstG.ii ti Chen i.eax O(13 [K)C'
irrespective of the time w-hen "I'enattt may c•eceive payvtettt from its customer. No deduction shall lie
m•ti}e'frt>a~(Iross Sales for any ti:anchise, income of gross te~etpts, ta~ccs or for anv otltpria.~:esbasdd
ulxm income ot•-.lit~xtt->--`--_
8. 1,ANllLUW)'S AND T)CN'AN1''S WOttK.
(a) "fcnant expressly acknowledges that it itas inspected the Premises and is fitlly
familiar with the physical condition thereof. "fena»t agrees to accept the Premises at the
commencement of the lease lernt insts then "as is" condition. Landlord shall have no oblieation to
do any work in or to the Premises in order to make them suitable and ready for occupancy and use by
1•cnatrt.
(b) All work which is necessary or desirable, in Tenant's sole opinion and discretion,
to prepare and fixnu•e the Premises in order to open for business shall be performed by Tenant at
Tenant's expense and shag be deemed to be Tenant's Work, including but not limited to all work
designated as Tenant's Work in I?xlubit "C". Tenturi shall do and pcrfomr at its expense all ']'enani's
Work diligently and promptly itt order to open for business fully ftxtured; stocked and staffed by the
Commencement Date dcsiguated in the Pundatncntal Lease Provisions. Tenant shall employ only
such duly licensed and insured professionals whose presence at the Premises or the Building will not
result in arty labor unrest, dispute, slowdown, strike or disharmony whatsoever by labor rendering or
scheduled to render services at or within, or delivering goods or materials at dte Premises or the
Shopping Center; in which event Tenant shall itnmcdiately and permanently cease its use of the
professionaI(s) whose ln•escucc at the Premises or the Shopping Ccuter was Qte basis for such um•est;
slowdown or strike. Notwithstartding anything contained herein to the contrary, if
the use by Tenant
of any contractor, sulx;ontractor, vendor, supplier or any other party causes or threatens to cause or
create any work stoppage, picketing, labor disruption, dispute or dishamtony of any nattue
whatsoever; "Conant shall imnrediately discontinue the use of such patty and take such other remedial
measures as may be necessary in order to restore labor lrarnony.
(c) {i} Tenant agrees to submit to I.,andlord for Landlord's review and approval
complete plans and specifications including all engineering, meclraaica] and electrical work
contprishtg •fenattt's Work, and all layouts, in such detail as Landlord may require and in compliance
wish Exhibit "C" and all applicable statutes, ordinances, regulations and codes, within thirty (30)
days after the date of this Lease. All Tenant's y'Jork shall be performed in accordance w~tlt the plans
and specifications approved by Landlord (which approval shall not be deemed to be a representation
by I~rndlord that such plats and/or specilcations comply with applicable lawsj.
{ii) Tenant's taking possession of the Premises shall be conclusive evidence of
Tenant's acceptatce thereof in good order acrd satisfactory condition artd agreement that the
satisfactory delivery of the Prentisas by t_a<rdlord to •I'enant has occurred, Tenant agrees that no
representations respecting the condition of the Premises, and that no promises to decorate, alter,
repair w• improve the ['remises, either before or after the execution hereof, have been mane by
landlord or Agent to Tenant unless such representations or promises are contained in this I_case.
Any disagreement which may arise between Ltmdlard and Tenrutt with reference to the work to be
performed by eitlxer pursuant to Exhibit "C" or whether such work has been properly completed shall
be resolved by the decision of Landlord's architect or construction manager.
(d) I lncllord may cancel this Lease if building permits arc not obtained within one
hundred nvertty (120} days from the date hereof. Notice of such election to cancel must be given
within ten (l0} days following the expiration of such one hundred twenty (120) days. All •Cenant's
Work shall be perE'onned in accordance with the plans and specifications approved by Landlord
(which approval shall not be deemed to be a representation by t..audlord thud sucb plans and/air
specifications comply with applicable laws).
9. CONDIi(~ I' OF BUSINk;SS. 'I hrou~~hout the Tenn, Tenant shall contimrousl}~ u;r. al.d
occupy all of the Premises for the business described in ] .~ragraph 1 1 hereof, with due diligence and
~~ithout in'ter~•uptiiut durinz suc1t :regular and customary business hours as such businesses arc
customarily kept open for business provided that Tenant shall (unless prohibited by l.a" er
requested by T..andlord) be open 1t)r business at ]east the following hours: ~-Ionday through Saturday,
including 1t1:Uq a.m. - 9:00 p.nt, artd Statday 11:00 a.m. through G:00 p.m. In the event either the
Merchant's Association formed by the tenants in the Shopping (;enter or Landlord shall establish
opening and closing hours. "1'en<urt shall comply )~~ith same. If for anv period a~grcgating more ih~nr
Live (5) business days in any Le25e Ycar •1'enant shall fell to conduct such business, such failure to
operate shall constitute a default. under Naragraph 25 hereof. Nothing, contained in this Lease i~
intended, nor shall the same bz deemed or cunsu•ued, to create a par~lnership behveen L~xllord and
8
~~trg.Jdca>e5'~Ycnn,yl~:anaV'o~nnsbot~~ Cummocs`voi H Chcnl}.c.tx I?D3 IX ie.
_1
Tenant, to make them joint vcnnn~ers, nor Co make Landlord in any way responsible for any debts or
losses of "fenant.
'T'enant shall keel~l any garbage, trash, rubbish or other refuse in rat-proof containers
within the interior of the Premises and shalt, at its sole cost and expense, remove attd dispose of such
garbage, trash, rubbish and refuse from the Premises as required but at least twice each week.
Tenant shall obtain all necessary govennnental approval, authorizations and permits required to
maintain and operate its trash compactor. '1'enaru shall erect a fence and such landscaping as
Landlord shall request around the trash compactor and "tenant shall be responsible for security
therefor and cleaning and maintcnarue of the area arowad the trash compactor at its overt cost attd
expense.
Tenant shall not cause or permit any Hazardous Substance (as hereinafter defined) to
be used, stored, generated or disposed of on or in the Premises by Tenant, "fenazzt's agents,
employees, contractors or invitees, without first obtaining Landlord's consent which may be w7t}t(teld
for any reason. If Hazardous Substances are used, stored, generated or disposed of on or in the
Premises whether or not permitted by Landlord or if the Premises become contarnutated in arty
manner 'I'enazu shall indemnify and hold harmless the Landlord from any and all claims, damages,
fines, judgments, penalties, casts, liabilities or losses (inchtdiug, without Ihnitation, a decrease in
value of the Center; damages due to Ions or restriction of rentable or useable space, or any damages
due to adverse impact on marketing of the space, and any and all sums paid for settlement of claims,
ariomeys' fees, consultant artd expert fees) arising during or after the Term and arising as a result of
such contannation by Tenant. This indernnification includes, without limitation, any and all costs
incurred due to any investigation of the Shopping Center or any part thereof or any cleanup, removal
or restoration mandated by a Federal, state or local agency or political subdivision, including without
limitation Landlord's professional fees and costs for review of any clean-up plan and supervision of
any clean-up activities. Vlrithout limitation of the foregoing, if Tenant causes or permits the presence
of any Ha~zrdous Substance on the Premises and such results in contamination, Tenant shall
promptly, at its sole expense, take any and all necessary actions to return the Premises to the
condition existing prior to the presence of any such }~lazardous Substance on the Premises. Tenant
shall first obtain Landlord's approval for any such remedial action. As used herein, "Hazardous
Substance"' means any substance which is toxic, ignitable, reactive, or corrosive and which is
regulated 6y any local government, the State or Commonwealth (as applicable) in which the
Premises is located, or the United States Govertunent. Hazardous Substance includes, but is not
restricted to, any acrd all material or substances which are defined as "hazardous waste", "extremely
hazardous waste" or a "hazardous substance" pursuant to state, federal or local government law.
Hazardous Substartee includes but is not restricted to asbestos, polychlorobiphenyls {"PCB`s") and
petroleum and its components.
10. COMMOA AREAS• COMMON AREA MAINTENANCE COST.
(a) Landlord grants to "henant anon-exclusive license to use the entrances, exits,
parking areas, sidewalks and other portions of the Common Area (as hereinafter defused) as they are
or may be from time to time constituted and designated by Landlord for the common usage of
Landlord and the tenants of the Shopping Center and their respective successors, assignees,
employees, agents, customers, invitees and licensees. Notwithstanding any other provision of this
Lease, Landlord shall be entitled to designate specific areas or spaces in the parking !ot ti)r the '
parking of automobiles and other vehicles of Tenant and Tenant's employees, and upon such
designation 'T'enant and Tenant's employees shall paz•k their automobiles aztd other vehicles only in
such areas ar spaces. Landlord shall have the unrestricted right to construct additional improvements
in the Shopping Center or increase, reduce, eliminate, relocate or change the size, dimensions, i
designs or location of azry or all Common Area, buildings, w• other improvements in the Shopping
Center from time to time in any manner whatsoever as Landlord shall deem proper, so tong as
Tenant has ingress and egress to the Shopping Center.
(b) "fenant shall pay to Landlord as additional tent commencing on the
Commencement Date and continuing on the first day of each calendar month in advance during the
Tenn, Landlord's estimate of Tenant's Proportionate Share of the Common Area Maintenance Cost
(the "Common Area Maintenance Charge"), which estimate shall be deternined by multiplying
l,andli>rd's cstintate of the Compton Area Mai.ntcnaztcc Cost of the Shopping Center by a fraction,
the numerates of which shall he the total gross syuare footage of the Premises, attd the denominator
of which shall be: the total square footage oi'leaseable space in alt of the buildings nt the Shopping
Center, ~s determined by Landlonl (said fraction being laereitr called "Tenant's Proportionate Sparc"}. '
"Contnton Area iv[ainrenattce Coats" shall mean the total costs and expenses incurred
in operating, maintaining, repairing arsd replacing lire Common -1rea including without (imitation the
S:'J.eel,ca~ei.r'enmyknni~iJ'cnnstxvo (bmn:onslGui N Chcnu.ease 003.o(:C -
' costs and expenses of: restoring; replacing and repairing structural elements of all buildings in the
Shopping Cerater (including floors, walls, foundations and roads}; painting; decorating; paving;
lighting; e3ectr•ical power; sanitary control; installing, znaintainittg, operating and repairing all
sprinkler and suppression systems in all buildings in the Shopping Censer; removal and/or relocation
of snow and ice; removal and ather heaUnent of trash, garbage and other refuse; cleaning of
Shopping Center; gardening, maintenance and operation of tutdergr•ound sprinklers and landscaping;
lighting; heating, ventilating and air conditioning; fire protection; water and sewer charges;
instuance carried by Landlord coveting arty portion of the Stropping Center, including without
limitation, public liability, persanal and bodily injury arad property damage liability and automobile
coverage; fire artd extended coverage. sign; vartdalisrn and malicious nrisclticf and all broad form
coverage, sign insurance, rent insurance and any outer instuance including ambrella coverage that '
may he carried by I,andiord covering any portion of the Shopping Center, al) in )imits selected by ,
Landlord and the costs of financing any premium installment or the cost of paying any premium in
insta)lntents; installation and operation of loudspeakers and arty other equipment supplying music to
t}te Common Area or any parts thereof; installation and operation of public toilets, if any; installing
and renting of signs; maintenance, repair and replacement of utiliq~ systems serving the Common
Area and any baitdutgs iu the Shopping Center, including water, sanitary sewer and stomt water
lines, e)ectric and other utility lines and pipes; security costs; the cost of operating machinery and
equipment owmed in and used in the operation, policing, maintenance and repair of the Common
Area or the rental charges for such machinery and equipment; al) martagernent fees and costs; j
holiday promotions and decorations; the cost of personnel (including applicable payroll taxes. '
workmen's compensation insurance and disability insurance) to implement all of the foregoing,
including the policing of the Common Area; refurbishing the Catnnton Area; modernization of
equipment and replacement of equipment; and a chazge for administrative costs equal to fifteen
percent (15%) of all of such operating costs. Laztdlord may cause any or all of said services to be
provided by an independent contractor or contractors. Cammon Area Maintenance Casts shall
exclude the following:
(i) expenses incurred specifically frn- other tenants, (ii) the cost of Landlord`s
Work, (iii} any expenses which are capital expenditwes, (its) casts which are reimbursable by other
Tenants or insurance proceeds and (v} leasing commission and attorneys' fee involving disputes with
other tenants.
(c) 'tenant's Proportionate Share of the Common Area Maintenance Costs shall be ~
due and payable on dte first day of each month during the Tenn and any extension or renewal '
thereof. Landlord may adjust said amount at any time effective for the next mortdily payment, on the
basis of Landlord's experience and reasonably anticipated costa.
(d) At any time after the expiration of each calendar year during the Tenn. Landlord
shall detennute the total actua) Common Area Ivlaintenance Cost for such calendar year, together
with the determination of'I'enarrt's Proportionate Share thereof. in the event the amounts for such
preceding calendar year paid by Tenant under this Paras,~aph t0 shall be less than Tenant's
Proportionate Share thereof, as so detemtined by Landlord, the deficiency shall be paid by Tenant to
Lutdlord withi? thit•ty (3fl) days after notice of such determination, or, ltt the alternative, any
payment made by 't'enant under this Paragraph ] 0 in excess of Tenant's Proportionate Share shall be
credited io the next sums due from "I'enattt under this Paragraph 3 unless at the end of the Term in
which case: there shall be a reftutd.
(e) Any delay of faihu•c of Lartdlard in courputurg a' biding shall not prejudice the
right of Landlozd to tltereafler render bills (or correct bills previausly submitted} for such period ar
arty subsequent period, nor constihrte a waiver of, nor in any way impair the continuing obligation of
'tenant to pay 7~enant's Proportionate Share of the Common Area Maintenance Cost. '
(f) "Couurtan Area" shall mean, btu trot necessu~ily be limited to, (i) that part of dte
Shopping Center on which no building is constructed for the sale or• rental of merchandise or the
rendition of services to the ger;.eral public, {ii) all areas and space provided by Landlord for the
Gammon or joint use and benefit of tenants in the Shopping Center (including any expansion thereof'
to adjacent and contiguous land) their employees, agents, customers and other invitees, including
parking aeeas, access raads, driveways, retaining walls. landscaped areas, truck serviceways or
turutels, pedestrian walks, outsicJc caurts and curb cuts and (iii) all other portions of the Shapping
Center nat leased ur (caseable to tenants. Off-site improvements (such as, by way of iliustration
Drily, access roads, traffic lights, private or public sewage neannent plants, sewer comtections, pipes
and appurtenances and basins for the retention of nm-of%• waters) which arc necess<'uy to the
operation of the Shopping Center and wEtich ar•e required to be maintained by Landlord and shall be
included in the definition of Common Area, but nothing contained in this Lease shall require the
20
SaLc^a'.'~.Lc;r,SCSiyrnnsyrvania~Pcnnsbom Cominons`.Ciui }I Ch~n~r.csc-0p:.DOr.
I
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Landlord to cam' insurance on areas outside of the Shopping Center unless the Landlord is othertivisc
required to carry such insurance.
(g) 1,andlord's iriltia] estimate of the Common Area Maintenance Charge exclusive
of'fenant's Tax charge (as defined in Paragraph ]6) for calendar year 2010, including insurance is
estimated to be X507.00 per month.
11. t;Sls OF PRF.M.ISES• COMPI,IANCF, WITH LAWS.
The Premises shall be used solely far the Pemritted Use described in the Fundaznental Lease
Provisions and for na other use or purpose whatsoever, all in accordance with the Laws, acrd the
requirements herein set forth.
{a) 1n no event shall the Premises or any portion thereof be used in the following
manner, nor for any of the following purposes: (i) any illegal usage, (ii) in violation of any Laws or
certificate of occupancy covering the Premises. (iii) any manner which creates or permits a nuisance
or trespass, (iv) any manner inconsistent with Tenant's normal usage, which increases the rate of
insurance on the Premises or Shopping Center, {v) any manner which produces, reproduces, or
transmits sounds which are audible outside the Premises, (vi) any mariner which in the reasonable '
judgment of landlord impairs or adversely affects the character, reputation or appearance of the
Shopping Center as a first class shopping center, (vii) any manner which obstructs or encwnbcts the
sidewalks or other Common Areas of the Shopping Center, (viii) any hazardous or wasteful manner,
(ix) any mariner which exceeds the floor load which such floor was dcsigucd, or is pemritted by law,
to cagy, (x) any manner which violates any exclusive usage rights granted to any other tenants in the '
Shopping Center, {xi) operation of vending machines or coin or token operated amusement devices, '
(xii) atr auction, 19re, bankruptcy, going out of business sale or similar type sale, or for anry unethical
method of business, (xiii) any mtumer which causes or permits any noise, odors, fumes, dust or
vapors to emanate or to be dispelled Eton the Premises, or (xiv) any form of assignation or lewdness,
or any form of establishment employing pantie[}y or totally nude entertainers, employees or waiters '
or waitresses, or any usage as an adult entertainment facility, massage parlor, bathhouse, or lacilit}
or entertainment which caters to the prurient interests of patrons, including but not limited to, the
depiction of "X-Rated" or sexually explicit conduct or nudity by movies, peep shows, live
entertainment, or the sale of books, magazines, or other periodicals, orsex-centered objects. '
(h) Tenant shall not permit usage of the front entrance of the Premises for tnrck '
deliver}~ or pick-up of merchandise or supplies, unless such front entrance is the only means of
access to the Premises. Tenant shall not burn nor permit to be bwned any materials or rubbish upon
or in the Premises or Shopping Center.
(c) "I•enant has examined @re Premises and Shopping Center, and has accepted same,
and all buildings and improvements thereon; in their present condition and without arty
representation or warranty by Landlord, express or implied. as to the condition thereof, or as to the
use or occupancy which may be made thereof, or the effect of any Laws thereon. '
(d) •I'enant shall not violate, nor }xmrit the Premises to be in violation of any Laws. '
irrespective of whether such Laws be of a kind that might be deemed to be now wiilin the
contemplation of the parties hereto,
(e) 7•enant, at 'Tenant's sole expense, shall comply with any and all provisions,
reconunendations acrd recptiretnems of any fro; liability or other insurer affecting or covering the
Prenvses and Shopping Center, or any pan thereof.
(f) 4~'ithout the prior consent of Landlord, which consent may be given or witlilmld
by Tandlord in its absolute discretion. Tcnarrt will not distribute or cause to be distributed in the
Shopping Center any handbills or other advertising devices. '
Tenant shall maintain an adequate staff of properly trained employees and an
adequate stack a1 supplies artd inventory at at] times in order to uraximizc Gross Sales.
12. MERC'HANT'S' ASSOCIAI'lON• CENTF,R PROMOTIONS. If at arty time during
the Term of this Lease or any renewals heretmdex, a 1,4erchants' Association; should be formed b~• or
for the benefit of the Tenants of the Shopping Center in which the Premises are located, ']~enant
agrees to become and reurain a member in good standing of the Merchant's Association and
covenants and agrcrs to confornr to dze bylaws, rules and regulations thereof. Tenant further
covenants and a;n•ecs to make such payments to t#re Merchants' Association on a pro rata basis with
other rnemhers of the Merchants' Association as may he requested or required by said Merchants'
11
Sd.cgaP~LcucSU'ami~~haniaJ'cnnsAoro CommoaslGm H C:#rcn~Lrasc OU?DK.
t -
Association and such payments shall be dccmed to be additional rcpt hereunder. 'tenant shall till!'
attd actively ptuticipate in, and pay, 'Tenant's proportionate share of all Shopping Center-w•idc
promotions, including advertising utilized in arty such promotion; spvnsored by the Mcrch<utts'
Association or by Landlord. Any dues owed shall be dccmed to he additional rent.
13. UTII..ITIES A\'D STRVICES. "Tenant shall, at Tenant's sole cost and expense,
arrange for and obtain; from the public utility companies providing such services, direct service for
all utilities necess<•try for 'tenant's operatives in ttte Premises, including but not limited to water,
sewer, electricity trod gas service. Landlord makes nv representations as to availability or adequacy
of such services and Tenant shall have nv tight to terminate this Lease or to im abatement or of3=set
of the rents set forth herein in dte event such sen~ice is not available or in the event such services arc '
not sufficient for the Permitted C.1se heremtder. Tenant shall pay when due all costs, charges and
deposits related to the hook-up, furnishing, consumption, maintenance and installation of water,
water pressure, gas, electricity, fuel, light, heat, power, telephone, sewage service, trash removal
sattitaty charges attd assessments, security protection or arty other utilities or services (collectively,
"Utilities") attributable to or servicing the Premises whet3ter located in or outside the Premises.
pro~~ded, however, that Landlord shall be entitled, but not required, to pay any costs or charges, or
Landlord's estimate of Tenant's pro rata share of same, and all amounts so paid by Landlord shall be
payable by Tenant tv Landlord upon demarrd, attd shall constitute additional rent hereunder.
Landlord shall have no liability to Tenant or any other party for arty inadequacy, cessation, or
interruption of arty tJtil}ties. 'I'enatu covenants attd agrees not to install or utilize any equipment
which may or will exceed or overload the capacity of any Chilities famished or servicing the
Premises or Shopping Center.
14. REPAIRS BY LANDLORD. Landlord's only obligation with respect to the Premises
shall be to make necessary rvof repairs and structural repairs to the exterior walls and other load
beating walls and foundation and slab of the Premises. Not<sdthstanding the provisions of the first
sentence of this Paragraph 14, landlord shall have no obligation whatsoever to perform arty repair,
replacement, rebuilding, painting, cleaning, or mainterz•utce, structural or non-stntchual, foreseen or
mtforeseen, ordinatq or extraordinary: {a} made necessary as the result of wood destroying
organisms, {b) to any exterivr or interior portions of any windows, doors, glass, plate glass, store
fronts, locks, hardware, signs. or any casing frames, or caulking which support or surround same, or
(c) made necessary by or arising out of any act or omission or negligence of Tenant, or any assignee.
subtettaru or concessionaire of Tenant, or their respective employees, agents, servants, invitees, I
licensees, visitors or contractors. From attd af3er the Cottunencement llatc. Landlord shall have no
obligation tv inspect the Premises. Tenant shall promptly report in writing to the Agent airy
defective condition which Landlord is required to repair, artd failure to so report in writing arty such
defective condition shall make Tenant liable to t_artdlord for any liability incurred by Landlord
arising out of or related to such defective condition. Landlord's obligation to repair as set tbrth in the
tTrst sentence of this Paragraph 14 i conditioned upon actual receipt by Landlord's Agent of written
notice of 1.he need for such repair, after receipt of which Landlord shall be ob}igarcd to conmtence
such repair w~itlrin a reasonable time. 'Tenant shall in no event be entitled to withhold or offset arty
payment of Minimum Rent yr any other slim payable under this Lease due to a»y breach by Landlord
of this Paragraph 14 or any other provision of this Lease.
15. REPAIR A\ll iV1AINTE\A.\CF. BY Tk:l\`ANT. Except as othertivise set forth in this
Lease, the Premises are being leased to Tcnattt in their "as is" condition without any warranty or
representation (expressed or intplicd). "tenant shat[ keep attd maintain the 1'rcmises attd all buildings
and improvements thereon and all portions thereof, tku~oughout the Term in first class order,
condition attd repair, including;, without limitation, all trade fixtures and other fixnrres and
equipment contained therein, all intprovemenis attd alterations ntadc by Tenant, tltz exterior attd
interior portions of all windows, doors, glass, plate glass, store ti•nnts, locks. hardware, signs, or tut}'
casing, fi~antes or caulking which support yr surround same, any damages caused b} ctood-
destroying or~atusms, and aI] phmtbing, sewage, sprinkler, electrical, heating, ventilatiu~~ and air
conditiottutg equipment and systems whether or not located in the Premises, and all intcritx ~+•alls.
floors; and ceilings- Any attd all such repairs. replacements, rebuilding; painting. cleaning and
ntaintenartce shall be peri'onned at 'tenant's sole expense with materials and labor of the kind and
qualit}~ equal or superiur tv the original work. 1`enrutt's repan~ oblis~ations shall also iuchrdc, ti~~ithout
limitation, all roof acrd strucAral repairs which the La»dlvrd is not obligated to make ptusua~tt to~
Paragraph 14. "Ienartt shall keep in farce at a!1 tunes during the lean a standaud maintenance
agreement on a!1 heating„ ventilating and air conditioning equipmen and provide a copy of said
tnainicrtance agreement to landlord, which agreement shall require at least asemi-sanest inspection
of such ec,uipnrent. Tenants shall also keep in force at all tiutes during the "1"eon a pest control
arrccment tip keep the Premises Si~ee of vernin attd other pests, and shall provide a co}>y oC said
agreement to 1 <tndlord. 'T'enant shale commie no waste, damage or injury to the Premises ar a!iy part
or system thereof. 'tenant fttrther covenvus and agrees to surrender the Premiers at the expiration of
Cv,cgaPl czcc> l'rnnS~iY:KrrYinnsh~,to Comm a~ _Gui !i Cheu'.LRa~c 001 D(H.
r _
the 'T'erm as same may lx broom clean and in as good condition as whe» "I'e»a,n's 1tv'ork was
Completed or in such better condition as the Premises may be put dtlriug the Tenn, excepting only
deterioration caused by normal ,and orclinaly wear and teaa• nr' b)• fire or other casualty fulh~ covered
by insurance.
h! the event (a) "Tenant fsils to promptly repair, replica, rebuild, paint, clean or
maintain the Premises or any portion tlaercof as required thereunder, (h} Landlord, in the exercise of
its reasonable discretion, determines that emergency repairs, replaccntent. rebuilding, painting,
cleaning or maintenance for which "Tenant is responsible are necessary or desirable ar (c) any repairs,
replacement, rebuilding, painting, cleaning or rnainter><vtce to the Shopping Center or to the
Premises are made necessary by an}• act or omission or negligence of Tenant; its agents, entployccs,
subtenants, assignees, concessionaires, contractors, invitees, licensees, or visitors, then, in arty of
such events, Landlord shall be entitled, but not obligated to perform or cause tv be performed such
repairs; replacement; rebaildin~, painting, cleaning, or maintenance without urcurnng ally liabiiit}~ to
Tenant for any damage caused t}tereby, acrd Tenant shall pay to Landlord upon demand, as additional
rent, the cost thereof.
16. TAXES.
(a} "1•enant covenarns altd agrees to pay to 1,andlord; as additional rent, without otfset
or deduction, the sums computed in this Parag!-xph 16 (the''fax Charge").
(b) Che fvllo~h~ino detinitiuns shall appl} to this Paragraph 1(i: (i) the tc:nn "Tenant's
}'roportionate Share" shalt have the definition set fort.}! in Parab
aph ] 0(b), and (ii) the terns "Taxes"
shall mean all real estate taxes, ad valorem taxes; assessments (including; without limitation, general.
altd special assessments for public improvements or benefits whetlacr or not cormnenced or
completed during the Tern), sanitary a»d trash removal assessments, t~~ater charges or sewer rents
and arty artd all other taxes and assessments levied, assessed or imposed against the Shopping Center
to any portion thereof at any time whether general or special; ordinary or extraordinary, wrforeseen
or foreseen, of any hind artd nature whatsoever, w~hethcr in lieu of or in addition to so called "real
estate taxes'" by arry govemmcnt;al authority together with interest paid on any installment payments.
Taxes shall also include arty tax or excise on, or measured in whole or in pals by,
rents or gross receipts or any other tax however characterized tulles in the nature of• a franchise tax
or a tax on Landlord's profit unless such franchise tax or tv: orr profits shall be. in lieu of "so called"
real estate. taxes in which case such franchise taxes and taxes on profits shall he included in the
definition of Taxes.
(c) i-chant shall pny to Landlvrd; as additional rent; througftout the "Penn,
cotmmencing on the C:vnunencenaent llate a!!d continuing thereafter on the first day of each month in
advance, such amount as f..andlord shall estimate or detennina to be equal to orre-hvelfih (1/I2) of
Tenant's Proportionate Share of the -faxes for the then current calendar attd/or Cscal yea!- as the case
lnay be with respect to impositions which are part of the "I-axes. Upon final determination o1 the
hares for such year, Landlord shall compute "1•enant's Proportionate Share iheleof, and a surrunary
and copy of the bill shall be fwxtished iv 1'elrant reflecting the actual amount of the 'f'axes for such
year. In the event the additional rent paid by hcnant during the precedutg period shall be ut excess
of Tenant's Proportionate Sh<ue, the excess shall he credited against the next ensuinb payments due
from Tenaltt tutder this Parab aph 16; in the event the amount paid by Tenant shall be less than
1-chant's Proportionate Share, [hen Te-ualm sha11 pay the. reotaining balance to Landlord within ten
(10) days after such notice is fiu-rlished. The notice so furnished Io Tenzutt shall also include a
computation of the esnmaicd stmts to bccvmc due from Tenant each month for the ensuing year
under this Paragraph and the mo»thly pa}~ments to be made under this Paragraph I6 sha11 he adjusted
aecnrdingl)• for such ensuing year.
(d) [1 pot rata insta?Invent of "tenant's Proportionate Share c>f such Taxes shall be due
for the last year of the Tenn if• the "1'emt tirr any reason tennfnates on a day other than the 31st day of
llecember or end of otter applir<able tiscal year. 7-hc obligation of Tenant with respect to this
Paragraph t6 shall sur•~~ive the expiration of the Term it being recognized by the pa!•t•!es hereto that
the recovery of 1-enartt's Proportionate ShiUC hcrcunder is a recovery for the tear itt which payable
hereunder.
lel 1"andlvrd may, at Landlord's option, contest any and all Taxes, .and the cost for
any such protest. (including attorney's fees) shall be considered part of the 7~.lxes.
(Q Ant delay or failrue of Landlord in u~mputing or billing shall not prejudice the
right of I"andlord to titcrcaltcr render hills (or con~ect bills previously submitted) [or such period of
13
ti 1Lcg;ilVxvcs\Ptnni;
ir;utlaV'cnnsM~ro Commnnr(iui H <~hc;Pl-a,t~c q0 i IhN
_ _
t-
any subsequent. period, nor constitute a waiver of, nor in azty way impair the continuing obligation of
Tenant to pay Tenant's Proportionate Share of such Taxes. Photostatic copies of bills for taxes
submitted by Landlord to Tenant shall be conclusive of the actual amount tltcrcof. Upon rrqucst
from the Tenant, Landlord shall supply a copy of the receipted bill.
(g) Landlord estimates "Tenant's initial Tax Charge for calendar year 2010 is
estimated to be 5429.00 per month.
17. TENANT FIXTiJItES; AFCORATIONS.
(a) 'Tenant, at Tenant's sole expense, shall complete T•enant's Work artd shall
provide, install, maintain artd repair all trade fixttues, lighting fixhues, store fixtures, floor
coverings, signs, plumbing, shades and other fixtures and equipment necessary for the operation of
Tenant's business. Tenant shall submit its plans for all such work as well as T'enant's Work to
Landlord for its approval prior to conunemcement of installation or as otherwise set forth in this
Lease with respect to Tenant's Work. After completion of Tenant's Work, Tenant shall have the
right to make changes to the interior of the Premises, the cost of wluch does not exceed, in the
aggregate for any one Lease Year, Ten Thousand Dollars ($10,000.60) so long as same do not affect
the structure of the Premises, or the building systems in the Premises and which are not visib]e from
the exterior of the Premises u<~ithout Landlord's approval provided that Tenant. shall be responsible
for returning the Premises to its condition at the Time Tenant's Work was completed at the
termination of this Lease.
(b) All trade fixtures installed in the Premises by Tenant may be retmoved at any i
time by Tenant, provided (i) "tenant is not in default in the performance of any of Tenant's
obligations hereunder, (ii) Tenant shall, at T'enant's sole expense, immediately repair any damage to
the Premises caused by such removal, and (iii) Tenant does not remove any trade fixtures necessary
to the opcratio? of "Cetrant's business unless for the purpose of repairing or replacing same artd
Tenant actually repairs or replaces same v<rithin thirty (30) days.
(c) All carpeting, floor covering and other fixtures aztd equipment installed in the
Premises shall; at the option of handlord; he removed by Tenant within ten (10) days of termination
of llus Lease, whereupan Tenant shall promptly repair arty damage to the Premises caused by such
removal; provided, however, that in the event Landlord does not so elect to cause Tenant to remove
any of said carpeting, floor covering, fixtures or equipment, all of same remaining on the I'renrises
shall become the sole property of Landlord upon the termination of this Lease, without the necessity
of further documentation.
I
{d) Tenant slrall pa}' Landlord, on demand, as additional rent, any acid al] expenses
incurred by Landlord in removing personal prapert}' and cleaning or otherwise restoring the
Premises to the condition in which Tenant is required to leave them, including, without limitation,
court costs, reasonable attorneys' fees, and moving, transportation and cleaning charges. Landlord
may, at Landlord's option and without. notice, retain the personal property, or any pari of it, or sell
saute at public or private sale without legal process, for such prices as Landlord may obtain, attd
apply the value of such property ar the proceeds of such sale to any amounts due from 'Tenant under
1}zis Lease. Nothing contained her+::in shall constitute consent ar authorization for Tenant to remain
on or leave Tenant's personal property on the Premises after the expiration of the Tenn.
C
13. SIGiyS. Tenant shall not place ar maintain, without first abtaining prior consent from
both Landlord and all governmental bodies having jurisdic[iun thereof, any lettering, signs, av<mings,
advertising matter, or arty other items of am` kind on the roof door, windows, store front, or the
exterior of the Premises or Common Area, or in the interior of the Premises within three feet of the
front of the Premises {"Signs"}_ in addition, all Signs must conforn to Landlord's Sign Criteria
described on Exhibit I'; attached hereto, In the event Landlord elects to remodel or renovate all or a
substaruial portion of Elte Shoppittr Center, Landlord shall be entitled to require tenant to replace I
any and all of the Signs +vitlt such substitute Signs as are famished by I..attdlord, provided such Sigtts
so provided by I.andlard arc consistent with the overall remadeling or renovation plan. of Landlord.
The first such replacement of Signs pursuant to the preceding sentence shall be at 1~enant's cost and
any additional rep[acement of signs shall be at Landlord's cost.
]9. AL1'EI2ATIONS; LIENS.
(a) Tenant shall not alter the Premises or any part thereof' either as pan of its initial
renovations and "T'enant's Work or othen+isc without first: (i} subnLtting to Landlord gluts and
specifications in reasonable detail of any proposed alterations, and (ii) obtaining Landlord's prior
approval thereof {except as otherwise provided in Paragraph 17j. All repairs, replacement,
J. 4
S?d.egat~a~s:es`Ycrms~9~•ania+PennA~;o Comnwn:iaui H Chen:Lsaac• OO.i.rXY.:
~
rebuilding, painting, cleaning arrd maintenance to any alteration made by 't'enant shall be performed
by Tenant, and Landlord shall have no obligation therefor. Any such alteratians shall immediately
become the property of Landlord artd shall remain upon the Premises upon tem~ination of this Lease
wttess handlord at Landlord's option shall require the restoration of the Premises to the condition
thereof on the Commencement llate, in which event "tenant. shall so restore within thirty (30) days of
receipt of landlord request to do.
{b) Tenant sha:il promptly pay for all work, labor or services done, or materials
fumis}zed for any work, repair, rebuilding, replacement, paintatg, cleaning, maintenance,
improvement, alteration or additions performed by or on behalf' of Tenant or any party holding the
Premises through ar under Tenant, and Tenant shall not permit any mechanic's, materialmen's, or
any other type of lien ar claim of lien to fx tiled against the Premises by reason of or related to any
work, labor, services or materials supplied or claimed to have been supplied to •Tenant ot• anyone
holding the Premises tluough or under Tenant. Tenant shall deliver to Landlord prior to
commencement of any construction at the Premises (i) a building permit, if required by local
Governmental authorities, and (ii) evidence that a signed waiver of mechanic's liens from Tenant's
general c<uatractor and from each independent contractor or subcontractor has been recorded in the
appropriate recording office, and shall deliver to Landlord a signed release of mechanic's liens from
each such contractor upon completion of the construction work. If any such mechanic's,
materiaUnatfs, or other lien or claim of lien shall at any time be filed against ar affecting Landlord,
the Premises or the Shopping Center, whether said lien or croon of lien be valid or not, T•enaut shall
indemnifi~ and hold Landlord harmless from same and shall wnthin ten (10} days after notice of the
filing thereof, carne such lien to be cancelled and discharged of record. If Tenant shall fail to cause
such lien to be cancelled and dischazged within such ten (10) day period, then in addition to any
other right or remedy of Landlord, Landlord shall be entitled, but not obligated, to discharge such
]ten in arty manner that handlord shall in its sole discretion determine, and the cost of so doing,
including attorneys' fees, shall be repaid by Tenant to Landlord, as additional rent, unmediately upon
demand. Notlring ht this Lease shall be construed in any way as: (a) constituting the consent,
authoriration or request, express or implied, of Landlord to any contractor, subcontractor, laborer,
mechanic, materialman or any other party for cleaning, maintenance, improvement, alteration or
addition of or to the Premises or Shopping Center; or for the benefit of Landlord; or (b} giving
Tenant the right, poorer or authority to act as agent of Landlord or on behalf of Landlord in
firrnishing arty materials or causing, contracting for, or permitting any work, labor, services,
maintenance, improvement, alteration or addition of or to the Premises or Shopping Center. Notice
is hereby given that Landlord shalt not be liable for any labor or materials or services furnished or to
be furnished to Tenant upon credit, and that no mechanic's, materialman's or other lien or claim of
lien for arty such labor, materials or services shall attach to or affect the fee or reversionary or other
estate or interest of Landlord in the Premises or Shopping Center.
(c) All consuuctian done by Tenant at the Premises including the constntction and
installation of alterations, fixtures attd signs, and any maintenance or repair (collectively, "Constnrc-
tion"} shall be performed in a first class attd workmanlike manner, using materials at least edua] in
kutd and quality to those used at the original construction of the Premises, in accordance with the
highest standards of the industry, and in compliance with all Laws, with the provisions of this Lease,
with the plans and specifications approved by Landlord in writing and with all reasonable rules
[andiord and its agents may make. All Construction done by Tenant shall be conducted and
coordinated so as not to interfere with other work in progress at the Shopping Center or with the
transaction of busnress by the other tenants at dre Shopping Center. Tenant shall employ only such
duly licensed azrd insured professionals whose presence at the Premises or the T3uildirzg will not
result in arty labor um•est, dispute, slowdown. strike or disharmony whatsoever by labor rendering or
scheduled to render services at or within, ar delivering goods or materials at the Premises or the
Shopping Center, in which event "Tenant shall immediately and pennanent[y cease its trse ol• the
professional(s) whose presence at the Premises or the Shopping Center was the basis for such unrest,
slowdown or stikc. Norii~ithstanding arirthing contained herein to the contrary, if the use by Tenant
of any contractor, subcontractor, vendor, supplier or atrv other parry causes or threatens to cause or
create any work stoppage, picketing, labor disruption, dispute or disharmony of any na~ure.
whatsoever, Tenant shall immediately discontinue the use of such party and take such other remedial
measures as may be necessary irz order to restore labor harmony. Work shall not be done on days or
duJ•ing hours that will in the sole discretion of Landlord interfere with the operation of Landlord or
peace and tranquillity of the otlzcr tenants of the Shopping Centez•- to connection with at~y such
Constuctian, Tenant shall apply for, obtain and display any required pezmits. certificates or
approvals; including any applicable certificates from the Board of ]ire Underwriters or similar body
having jurisdiction and shall provide Landlord ~~~ith copies of arty such perntits, certificates or
approvals.
15
5 u.e~al'J_ca<c S~.Pcrmsyi~~;m~~d'tnnsDmo Comrrx~nsi(iui H Chrn'd,cauc tq3. a(H-
_ _ _ _ t _ _ _
• 20. INDEMNITY• LIAI31LI7'Y OF "TENANT ANI} LANDI OIiD.
(a) 'tenant shat!, attd does hereby, indenuufy, release and save harmless Landlord,
and Landlord's partners, agents, officers, sen~attts, employees, officers, attorneys, shareholders and
directors (collectively, "Landlord Group") from and against any and all suits, actions; judgments,
damages, costs, expenses, and attorney's fees incurred in Ehe defense of any actions or proceedings
arising out of or related to any loss of life, bodily or personal injttry, properly damage, or other
demand, claim or action of any nature arising out of or related to dtis Lease or any transaction or
occurrence in, on, upon, near, or im~olving the Premises, Common Area, or Shopping Center or the
occupancy or use thereof.
(b) "Tenant shall store; sell and use Tenant's property, fixtures, inventory, and
equipment in, and shall use and occupy the Premises and alt other portions of the Common Area and
Shopping Center, at Tenant's own risk, and Tenant shall and does hereby release the I,attdlord Group
from and against any and all claims of any nahtre arising out. of or related thereto.
(c) Neither Landlord nor Landlord Group shall be liable for arty defect in the
Premises, Conutton Area, or Shopping Center or in any of the improvements, equipment, machinery,
or apparatus thereon, nor shall Landlord nor Landlord Group be liable for any loss of life, bodily or
personal injttry, or property damage of "tenant or arty other pazty caused by or resulting from: (i)
steam, snow or ice, (ii) leakage, backing up, seepage, or overflow of water or sewer, (iii) fire,
casualty, act of God or the elements, or (iv) negligence or acts of cormnission or omission in the
design, construction, operation ar use of any improvement, machinery, apparatus or equipment in or
on the Premises, Conunon Area or Shopping Center.
(d) Ln the event the Landlord group or any member thereof sha[I be made a party to
any litigation (i) commenced by or against Tenant or (ii) arising out of or related to the Premises,
Shopping Center or Common Area nr use or occupancy thereof by Tenant or any of its subtenants,
assignees, invitees, licensees, employees, servants or agents, then Tenant shall indermtify, protect
and save harmless the Landlord Group therefrom attd shall pay upon demand ail damages, cost_t,
expenses ~md attorneys' fees arising out of or related thereto.
(e) Artythhtg in this lease to the contrary notv~~ithstanding, neither Tandlord nor
Landlord Group shall have personal liability hereunder and 'Tenant shall look solely to fire estate and
property of Landlord in the land and buildings comprising the Shopping Center for the collection of
any judgment or other judicial process arising out of any default or breach by Landlord nth respect
to any of the terms of covenants of this lease to be observed or performed by Landlord, and no other
assets of Landlord or Landlord c:rroup shall be subject to levy, execution or other procedures for the
satisfaction of Tenant's remedies
(f) 'I-his Parae aph 20 shall swvive the termination of this L,easc.
2L INSIJI2A_\CL. '
(a} 'I•enartt sltall obtain and maintain in full force during the 'fern, as same may be
extended or rcnetved, the following insurance coverage with respect to the Premises:
(i) Comprehensive general public liability insurance, with contractual
liability endorsement, with coverage in arnotu3ts not less than I'hrec Million Dollars ($3,000,000)
increased as reasonably requested by Landlord, with respect to property damage, bodily injury or
death fo one or mute persons. Such insurance shall be in the broadest. Form available t~Titten on "an :
occtrn-encc basis' ;
(ii) "AI#-Risk", fire and extended coverage insuring loss or damage to
7'cnant's persona] property including; without litniiation, Tenant's goods, fixtures and inventory in or
on the Premises;
(iii) }3uilder's Risk insurance as applicable;
(iv} Plate glass insurance; atxi
(v) Such other insur•rrrtce as reasonably requested by Landlord to be c.uTied
b~- Tenant and/or its contractors.
(b) l enartt shall not violate nor knowingly pennii to be. violated am of the
conditions or provisions of any such insurance policies
16
S.`J.r^_a7V-e.ticPPencu~lvama•-f'cmnlxrzn Cumnsni:GmHQu,i~.LCVe OU3,IX:K
- I _ _ _
(c} Each such insrtrance policy shall be ~~mitten in t}te nanie of Tenant, and shall
name I.,andlord, Agent and Landlord's mortgagees as additional named insureds.
j (d) Each such insurattce policy shall be vtritten by a nationally recognized insurance
company satisfactory to Landlord and legally licensed to do business in t(te Commonwealth of
Pennsylvania and in form satisf<•rctory to Landlord.
(e) Each such insurance policy shall contain endorsements that such insurance may
not be cattcelled or materially ahered by the insttrarrce company with respect to Latdlord or its
designee(s) except upon thirty (30;5 days' prior notice to Landlord artd any other additional insureds.
(f) Each such policy shall be paid for solely by Tenant, and Landlord and its
desigrtees shall not be required to pay any premitun or other costs for or with respect to such
insurance.
(g) 'tenant shall deliver to Laztdlord on or before the Commencement Date and
thereafter at least thirty (30) days prior to the expiration of each such policy, a duplicate original of
each such policy required to be procured by Tenant in canpliance with its obligation hetewtder,
together with evidence satisfactory to Landlord of full payment of the prenuwns therefor.
(h) If Tenant fails to provide and obtain all of the aforesaid insurance, then Landlord
may, but shall not be required to;. without notice to Tenant, purchase such insurance on behalf of
Tenant, aztd Tenant shall pay the cost of such insurance as additional rent upon demand by Landlord.
All liability insurance policies required to be obtained and maintained by Tenant herewtder shall
contain arr endorsement deleting from such policies the "Care Custody and Control", the "Alterations
and Extraordinary Repairs", and the "Contract Liability" exclusions and all other exclusions of
similar import or effect and shall contain across-liability endorsement '
(i) Tenant sltall not take out separate insurance concturent in form m• contributing in I
the event of loss with that required in this Paragraph 21 wiless Landlord is included therein as a
named insured, with loss payable in this lease provided.
(j) Landlord and Tenattt shall cooperate in connection with the collection of any
insurance monies that may be due in the event of loss, and Landlord and Tenant shall execute and
deliver such proofs of loss and other instrtunents which may be required for the purpose of obtaining '
the recovery of any such insurartce monies.
(k) Tenant hereby waives any rights of action against Latdlord for toss or damage
covered by any insurance heretuxter; and Tenant covenants and agrees ~~~ith Landlord that Tenant
shalt obtain a waiver from the carrier of such insurance policies releasing all of such carrier's
subrogation rights as against Landlord and the handlord Group.
Tenant shall not carry arty stock of goods ar do anything in or about the Premises
which will in any way impair or invalidate the obligation of any policy of insurance on or in
reference to the Premises or the Shopping Center. Tenant agrees to pay upon demand, as additional
rent, ally increase in premiums fcr insurance that may he charged during the Tetra on the amowti of ii
insurance to be carried by Landlord on the Premises or the Shopping Center resulting from the j
bushtess carried on in the Premises by 'tenant, whetlter or not Landlord has consented to same.
22. DAMAGE BY FI12F; OR OTHER CASUALTY. Tenant shall immediatei}` uatify
} andlnrd of any damage or destruction to the Premises and, if landlord shall not terminate this
Lease as hereinafter provided, Landlord shall repair and restore the Pn;rnises to substantially its
condition as of the Commencement Date if such repair is covered by insurance proceeds. if
instu•ance proceeds are insufficient to complete repair, Landlord may terminate this Lease 6v notice
given w•itliln tltirty (30) days of Ltutdlord receiving written notice that insurance proceeds will not be '
sufficient unless Tetlan[ agr•ecs to pay the difference in cost. If dw ing the Iasi three (3) years of iltc
Tenn the Premises shall he substantially damaged or destroyed by fue or other casualty. Lardlord
may [erntimate this Lease by givutg notice of its election to renninate, such notice to be given within
ninety (90} days after the occurrence of such damage or desu~uction: provided. however. that 1•enant
shall have; the right to ni;gate I„mdlord's notice of temtirtation by givitrg notice to Landlord within
thir-t}~ (30} days after Landlord's notice of termination, of its election to exercise the next applicable
ttncxercised Option. Tenarrt s}taU be entitled to art abatement of reart to the extent such rent is
reimbtu~sed to L <tndlord by rent inswarce, the cost of which is covered as a Cornnton Area
Maintenance Cost. Unless this Lease is tennineted by l..andlord; Tenant shall repair and refixture tl•:e
interior o; the Premises in a manner turd to a condition at least equal to that existing prior to tl:c
dwnage or destruction within ninety {90) days after Landlord has substatniall}~ completed its repairs
1~
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to the Premises, and the proceeds of all insurance carried by 'Ienartt on its property aJJd
improvements sltall be held in trust by Landlord for the benefit of Tenant fur the propose of said
repair and refixturing. 'Tenanf shall reopen the Premises fur business within thirty (30) days after
completion aztd refixturing of'Tenant's repair thereof.
23. ASSIGNMENT AND SLII3LET'rING.
(a) Except as otherwise provided in this Paragraph 23, Tenant shall not assign,
mortgage, sell (directly or indirectly), or otherwise enctunber this Lease or any part thereof; nor
tutdcriet the Ptvmises or any pare thereof to be used by others, without the prior consent of Landlord
in each instance, which consent shall not be unreasonably withheld or delayed. The prohibition
against assigning or subletting shall be conttnted to include a prohibition against azry assignrent or
subletting by operation of law. If 'Tenant (or any subtenant) is a corporation, the foregoing
provisions of this Paragraph 23 shall apply to a transfer (however accomplished, whether in a single
transaction or in a series of related or unrelated transactions) of stock (or any other mechanism such
as, by way of example, the issuattee of additional stock, a stock voting agreement or change in
class(es) of stock) which results in a change of control of Tenant as if such transfer of stock which
results in a change of control of Tenant were an assignment of this Lease, and if 'Tenant is a
parhtership or joint venture, said provisions shall apply with respect to a transfer (by one or more
transfers) of an interest in the distribution of profits and losses of such partnership or joint venture
(or other mechanism, such as, by way of example, the creation of additiona! general partnership or
limited partnership interests) which results in a change of control of such partnership or joint
venture, as if such frartsfer of an. interest u1 dte distribution of profits aztd losses of such partnership
or joint venture were an assignn ent of tilts Lease. Arty agreement ptusuant to which (x) Tenant is
relieved from the obligation to pay, or a turd parry agrees to pay on Tenant's behalf, al] or a part of
Minimum Rent. Percentage Rent or additional rent under this Lease and/or (y) such third party
undertakes or is granted any right to assign or attempt to assign this Lease or sublet or attempt to
sublet all or any portion of the Premises, shall he deemed an assignment of this Lease and subject to
the provisions of Paragraph 23.
(b) If Tenant shall desire to obtain the consent of Landlord to an assignment or
subletting, 'henant shall, by notice as provided in Paragraph 38 of the Lease, funtish Landhord with
(i) the name and addzess of the proposed subtenant or assignee); (ii) a description identifying the
space to be sublet as applicable; (iii) al] of the ternts, conditions aztd consideration of the proposed
subletting or assigrunent; (iv) the nature and character of the business of the proposed subtenant or
assi~tee and of its proposed use of the Premises; (v}current certified financial information; and (vi)
arty other information as Landlord may reasonably request with respect to the proposed subtenant or
assignee, and shall offer to Landlord the option: '
(i) to terminate this Lease as of the last day of any calendar month of the
Term, which day shall be prior to the effective date of such proposed sublease or assignment, aRer
Landlord's Acceptance Period (as hereinafter defined), tit which event Tenant shall vacate and
surrender the Preittises to Landlord on the date specified in Landlord's notice electing this option {i);
or
(ii) to execute a sublease for, or an assignment of, the said space with
Laitdlurd nn the sazne terms and conditions as are contained in the proposed sublease or assignment,
whereupon Landlord shall have the right, al its sole option, without notice to Tenant, to further '
assign this Lease or sublet all or arty patiori of the: Premises upon arty terms and conditions it deems
proper.
(iii) L.andlotd shall have forty-five (45) business days after the receipt of
such offer (and receipt of the additional information requested) to accept in tvritnig either or neither
of such offers {"Landlord's Acceptance Period").
{c) If "1•enant shall comply with Paragraph 23{b), and if Landlord shall not accept '
either of "l enaztt's afa•esaid offers, Landlord shall not tuue<~isvnably with}told its consent to the
proposed subletting or assigtmtent, except that Landlord shall not be obligated to be reasonable in
giving its consent dttrvtg the first twenty-fow• (24) months of the Perm attd may in its sole discretion
disapprove such assigtunent or subletting. Any consenn given by [he Landlord shall he on the
conditions that (i) such assignee shall execute and deliver to I-andlord an assumption ac cement
acceptable to Landlord wherein it agrees to perform all the obligations ol• the 'Cenant under this
Lease in form appropriate for recording, and provided. in t}te czsc of a sublease, the subtet><~uit shall
execute and deliver to Landlord an agreement wherein it agrees to be subject to all of the terms and
conditions of this I,easc; (ii} thct•c shalt be no advertisement or public comnumication of any kind
~a~hatse:cver relating to the proposed subletting or assigltntent which rnentions or refers to a rental
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_ I
rate louver t}ran that being offered by Lzndlord or to any other matter which directly or indirectly
might advet:zely reflect on the dignity or prestige of the Premises; without limiting the foregoing
restrictions, no such advertisement or other public communication steal[ be released without
Landlord's prior written approval wltich shall not be unreasonably withheld or delayed; (iii) no
subletting or assignment shall be to a person or entity wlch does not have acceptable financial
standing, a good character, acceptable experience in similar business, or to a person or entity which
proposes to use the Premises in a mamter not iu keeping v,~it}r the standards for afirst-class shopping
center in the azea in which the Premises are located; (iv) the subletting shall be subject to alt of the
obligations of Tenant under this Lease and, without limiting the generality of the foregoing, the
sublease shall impose at least the same restrictions and conditions «~ith respect to use as are
contained in this Lease and shall specifically provide that there shall he no furdter subletting of the
sublet premises or an assigmnent thereof; (v) that ttte terms of any such sublease or arty renewal or
extension thereof, which shall extend beyond a date one day prior to the expiration or earlier
termination of the initial Term, shall be a nullity, (vi) Landlord s1ta11 be ftrmished with a duplicate
original of the sublease or assignment within ten {10) days prior to the effective date of such
assigmnent or sublease whichever is earlier; (vii) Tenant shall pay to landlord a surn equal to
one hundred (100%) percent of any rent or other consideration set forth in such sublease to be paid
to Tenant by any subtenant which is vt excess of the rent then being paid by Tenant to Landlord
pursuant to the terms hereof; after deducting therefrom reasonable brokerage commissions actually
inctured by Tenant, and (y) one hundred (100%) percent of any other profit or gain realized by
Tenant fzom any such subletting or value of consideration paid to or benefiting Tenant pursuant to
any assignment. All stints payable hereunder by Tenant shall be paid io Landlord as additional rear
immediately upon receipt thereof by Tenant. Ff only a part of the Premises is sublet, then the rent
paid therefor by Tenant to Landlord shall be deemed to be that fraction thereof that the area of said
sublet space bears to the Premises; and (viii) there shalt be no default by •1•enant under arty of the
terms, coven<vtts and conditions of tlis Lease at the time that. L~3ndlord's consent to an} such
subletting or assierunent is requested or on the date of the conmtencentent of the teen of any such
proposed sublease or on the effective date of any such assigrtntent.
(d) No assignment of this Lease, or subletting of the Premises or any successor to
Tenant or any Iwrtion thereof whether or not consented to by I,attdlord, shalt release or discharge
"Tenant hereunder from any of its obligations to be perforated under this tease. The consent be I
landlord to an assigmnent or subletting shall not in any way be construed to relieve Tenant front
obtaining the consent in waiting of landlord to any further assignment or subletting. :
(e) If Tenant assigns, sells, conveys, transfers, mortgages or pledges this Lease or
sublets the premises, or any portion thereof, in violation of this Paragraph 23, or if the Premises ctrc
occupied by anybody outer than Tenant, Landlord may collect rent from any assignee, sublessee or
anyone who claims a rigltt to this Lease or letting or who occupies the Premises, and Landlord shall
apply the net amount collected to the annual rental herein reserved; acrd no such collection shall be
deemed a waiver by landlord of the covenants contained in this Paragraph 23 nor azt acceptvtce by
landlord of any such assignee, sublessee, claimant or occupant as '1'enartt, nor a release of Cenattt
tiom the ftrrtlter perfomtance by Tenant of the covenants contained herein.
(f) Tenant shall pay, as additional rent, the Landlord's reasonable out of pocket cost;
includinb without limitation fees for credit checks and reports, attorneys' fees in connection with any
subletting or assignment proposed by Tenant whether or not consented to by Landlord. Such
amowtts shall be deemed to be additional rent.
(g) If Tenant is a partnership (or is comprised of two (2) or more persons,
individually and/or as co-p<~rrtners of a pannership) or if Tenant's interest in this Lease shall be
assigned to a partrn;rship (or to ttivo (2) or snore persons, individually and/or as co-partners of a
partnership) (arty such partnership and such persons are referred to in this section as "Partnership?
Tenaru"j, the followutg provisions shall apply to such Partnerslip Tenant: (a) the liability of each u1
the general partners comprising Partners}ip'I'enatu shall be joint and several. (b) each of the parties ;
comprising Partnership Tenant hereby consents in advance to, and agrees to be bowtd by. any
written instnunent which may hereafter be executed, changing, modifying or discharging this Lease.,
in whole or in part, or surrendering all or any part of the Premises to Landlord or renewing or
extending this lease and by any notices, demands, requests or other cornrnurtications ~vliich may
hereafter be given, by Pariners}p Tenant or by arty of the parties comprising Partnership Tenant, (c;.
Duty bills, statements, notices, demands. requests or other commwtications given or rendered tc
Partnership Teuartt or to any of the parties comprising I'artnersitip Tenarn shall be deemed given or '
rendered to Partnership 7 enant and to all such parties artd shall be binding upon Partners}tip Tenant '
and all such parties, (d} if Patvtersltip Tenant shall admit new general partners, all of such new
general partners shall, by their admission to Partnership Tenant be dcented to have assiuned
perfonnarx:e of all of the icons, covenants and conditions of this Lease on. 1~enant's pan ti> be
19
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observed and performed, (e) Partnership 'I•enant shall give prompt notice to Landlord of the
admission of any general parhter or partners; artd upon dematul of Landlord; sha13 cause eadt such
paruter to execute and deliver to Landlord arty agreement in form satisfactory to Landlord, wherein
each such new general partner shall, after admission, assume perfornance of al] of the terms;
covenants and conditions of this I"ease on •Ienant's part Co he observed and performed (but neither
Landlord's failure to request any such al,~reement nor the failure of arty such new general partner to
excx;ute or deliver any such. alneement tv Landlord shall vitiate the provisions of Paragraph 23(g).
Upon request; Partnership Tenant shall deliver to Landlord a list of all general painters together with
their ctttrent residential addresses.
24. CONDEIvIh'ATION. I? the event that the whole of the Premises shall be lawfully
condemned or taken in a manner for any public or quasi-public use, or conveyed in lieu thereof; this
Lease shall terminate as of the date of vesting of title. In the event that only a portion of the
Premises shalt be so condenmed or taken then, effective as of the date of vesting of title, the
Minimtun Rent heretntder shall be abated in an amount directly proponion~te to "I'etxirti', aline
~`resttitittg-I'~ reduction in ' •l~, ;irl~ R t56S
-}~eFied-i+~+afe~l}--ft~l~?vitt ' • j-ef-ate-C-ettdertttrctivrt
as may be reasonably attributable to such condemnation. The
applicable Gross Safes E3reakpoint shall also be proportionately decreased. Except in the event of a
total condemnation, Landlord, upon receipt of the awazd in condemnation, shall make necessary .
repairs and alterations ("Condemnation Repairs") so as to coustihrte the Premises an architechrral ~
unit. Notwithstanding the foregoing, Landlord shall not be obligated to expend monies in excess of
those received. If the proceeds received are insufficient to coin late The Condemnation lte airs.
P P
Landlord may elect to terminate this Lease unless Tenant shall agree to reimburse Landlord For the
additioltal expense. If Landlord elects not to tennhtate this Lease, as aforesaid, this Lease shall be
and remain unaffected by such condemnation or taking, except that the Minimum Rent shall be
abated to the extent, if any, hereinbefore provided. In the event of any condemnation or taking of all
or a portion of the Premises, Landlord shall be entitled to receive the entire award in condemnation
proceedings, including, W1t110U1 1r1r15tahOIr, ally award for the value of the tutexpired teen of this
Lease and the interest vested by this Lease in Tenant, and Tenant. irrevocably assigns to Landlord
arty altd all right, title and interest of Tenant now or hereafter arising ut or to any such award or any
part thereof. Tenant shall be entitled to claim damages equal to the ttnamortized cost of leasehold
improvements made by Tenant at Tenant's cost during the Tem-t and any actual business loss or
relocation award available provided such claim does not decrease Landlord's awald. Any restoration
to the Premises relating to Tenant's Work or alterations made necessary by such condemnation shall
be performed by T'enaztt at Tenant's sole expense immediately following Landlord's substantial
completion of the Condemnation Repairs.
25. DEFAULT; I2EiV1EDIES.
(a) Tenant shall be in default under tEtis Lease upon the occurrence of any one or
more of the following events or occurrences:
{i) Landlord does not achtally receive any paynnent of the full amount of the
Minimum Rent, Percentage Rent or additional rent or other rent or other payment or reimbursement
due hereunder on the due date thereof;
(ii) Tenant fails to fully and timely observe or perform any of the terms or
covenants of this Lease other than those referred to in Paragraph 25(a}(i), (iii), (iv) or (v) widrin
fifteen (1 days after Land3ord gives notice to Tenant specif}ping the nature of such failure;
(iii) Tenant fails to take possession or occupancy of, or deserts or abartdons
Fhe Prelmises or the same becomes vacaltt for more than two weeks (the presence of personalty alone
in the Premises shall not be deemed evidence that the Premises are not vacantj;
(iv) The ;filing or execution or occun•ence of: (aa) a petition by or against
Tenarn or any guarantor hereof in bankruptcy or seeking any reorganisation; arrangement,
composition, readjusnnent, liquidation, dissolution or similar relief under arty provision of law, (bb)
adjudication of Tenant or any guarantor hereof as a bankrupt or insolvent- or insolvency in the
bankruptcy or equity sense, (cc) an assignment by Tenant ar any guarantor hereof for the benefit of
creditors, (dd) a petition or other proceeding by or faith respect to any portion of Tenant's or
guarantor's property, (ce) any levy, execution or attachment against 'f errant or any guarantor hereof
or their property, (ff) any transfer or passage of any interest of "tenant under this Lease by operation
of law, (gs.;) the revocation or suspension of 7~enant's permit(s) or license(s). if any, issued by cuty
authority permitting "tenant to conduct its business at the Premises, (hh) the issuance of any citation
or violation notice against Tenant by any governmental authorit,, (ii) the maintenance of unsafe,
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_
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unsanitary or unhea}thy et>ndit{ohs at the Premises, or (jj) the discontinuemee or ittter•uption of
normal and continuous business operations at the Premises for more that[ five (5) business days; or
(v) an assignment or sublease in breach of Paragraph 23..
(b) Upon the occun•ence of one or more of the aforesaid events of default set forth in
Paragraph 25(a), or upon the occwrence of any odter default or defaults by Tenant under this Lease,
attd the elapse of the grace period, if any, set forth herein, Landlord may, at handlurd's option,
without any dc;mand or notice unless required in this Paragraph 25:
(i) T•cnninate this Lease by giving 'fenant notice of termination, in which
event this Lease shalt expire etnd terminate on the date specified in such notice of tennirtation, which
date shall be five (5) days after 'such notice of termination, with the same force and efTecl as thoug}t
the date so specified were the elate herein originally fixed as the termination date oi'the'I•etm, attci all
rights of 'T'enant under this Lease and in and to the Premises shall expire artd terminate, and 'T'enant
shall remain liable for all obligations under this Lease arising up to the date of such temtination; and
Tenaurt shall surrender the Premises to Landlord on the date specified in such notice; or
(ii} 'herninate tftis Lease as provided im Paragraph 2~(b)(i) hereof and
ri-cover from Tenant all damages Landlord Wray incur by reason of Tenant's default, including;
wit]tout limitation, a sum which, at the date of such termination, r•eprescnts the then value of the
excess, if any, of (aa} the Minirnurn Rent; Percentage Rent, Taxes and all other sums which would
have been. payable hereunder by T-chant for the period commencing with the day following the date
of such termination attd endutg with dte date Itereinbefore set for the expiration of the then 'Penn
hereby granted, over (bb) the aggregate reasortable rental value of the Premises far the same period,
ail of which excess Burn shall be deemed itrunediately due and payable; or
(iii) Without teminating dais Lease, declare inunediately due turd payable all
Minimmn Rent, 'Taxes attd other rents and amounts due and coming due under dux Lcasc I•or the
entire remaining Tern, together t~7th al[ other arnotmts previously due, at once; provided, however;
that such payment shall not be deemed a penalty or liquidated damages but shall merely constitute
payment in advance of rent for the remainder of the Temt. Upon malung such pa}anent: Tenant shall
be entitled to receive from Landlord all rents received by handlord from other assignees, tenants, attd
subtenants on accotuu of the Premises during the Term provided that the monies to which "I•enartt
shall so become entitled shall in no event exceed the entire amount actually paid by •fenant to
Landlord pursuant to the preceding sentence less all costs, expenses and attorneys' fees of Landlord
incurred irr corutcctian with the relettirag of tltc Premises; and/or
(iv) Without terminating this Lease. and with or without notice to "fenant,
Landlord may in its owat Warne but as agent for 't'enant enter into and upon and t•tlce possession of the
Premises nr arty part thereot; artd, at Landlord's option, remove persons and property therefrom, and
such property, if arty, may be removed attd stored in a warehouse or elsewhere at the cost of; and for
the accotutt of Tenant, all without behtg deemed guilty of trespass or becoming liable for a,ty loss or '
damage which may be occasioned thereby, and Landlord mtay rent the Premises or arty portion
thereof as the agent of Tenant, with or t~ithont advertisement, and for any period upon such terms
and conditions as Lattdtord may deem necessary m• desirable in order to relet the Premises. Landlord '
shall 1? no w'a)' be responsible or liable for any reasonable rental concessions or any failure to rent
the Premises or any pan themof or for any faihu-e to collect any rent due upon such reletting_ Upon
each such releuing, all rentals received by Landlord fran such reletting shill be applied: first, to the
payment of arty indebtedness (other titan arty rent due hereunder) from Tenant to L.uxilord; second,
to Ute pa}~tncnt of any costs and expenses of such rc)ctting, including, without limitation, brokerage
fees and attorneys' tees and cast:, of alterations attd repairs io the Premises; third, to the payment of
rent and other charges then due; and unpaid hereunder; and the residue, if any. shall he held by
l.attdlord to the extent of and fbr application in payment of futut•e rent as the same may become due
and payable hereunder. ]n reletring, the Premises as aforesaid, Landlord mat- grant reasortable rent
concessions and 'T'enant shall net be credited therefor. If such rentals received from such rcletting
shall at any time or ti-om time to time rte less than sufficient to pay to Landlord the entire cams then
due from Tenant hereunder; "I chant shall pay arty such deficiency to Landlord. Such defciency shall
be calculated and paid monthly. No such reletting shall be constntcd as an election by Landlord to
tcrtninate this Lease unless a written notice of such election has been given to T-chant 6y Ltuuilorci.
Nob+°ithstanding any such rz]ettittgs without termination, Landlord may at any tithe thereafter elect
to terminate [Iris lease for any such prwious default provided same has not been cured; and,'or
I Pursue such other remedies as are available at late or equity and/a~
2i
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(vi) Without notice ar demand enter tltc Premises; breaking open locked
doozs if necessary to effect entrance, without liability for prosecution or darnages for such enter or
for the muuter thereof, for the purpose of distraining or leering and for any other purposes, take
possession of and sell all goods and chattels at auction, on three days' notice served in person on the
7"enattt, or left nn the Premises, and pay Landlord out of the proceeds, and even if the rent he not due
and unpaid, should the Tenutt at airy time remove or attempt to remove goods and chattels from the
Premises without leaving enough thcrcort to meet the next periodic paytncnt, 7•enant authorizes
Landlord to follow for a period of ninety (90) days after such removal, take possession of artd sell at
auction, upon like notice, sufficient of such goods to meet the proportion of rent accnted at the time
of such removal; and the Tenant. hereby releases and discharges the Landlord, and its agents, from all
claims, actions, suits, damages, and penalties, for or by reason or on accortnt of azty entry, distraint,
levy, appraiserneut or sale in accordance with this Paragraph 2S; and/or
(vii) F.nter the Premises, and without demand proceed by distress and sale of
the goods there found to levy the rent and/or other charges herein payable as rent, and atl costs and
officer's commnissions, including watchmen's wages and stuns chargeable to Landlord, and further
including a suns equal to five percent (5%) of the amount of the levy as commissions to the
constable or outer persons making the levy, shall be paid by the Tenant, and in such case ail costs,
officers' corttmission and other charges shall irtunediately attach and become part of the claim of
Landlord for rent, and any tender of rent without said costs, commission attd charges made after the
issue of a warrant of distress shall not be sufficient to satisfy the claim of the Landlord• Tenant
waives in favor o#' Landlord the benefit of all laws now made or which may hereafter be made
regarding arty limitation as to the goods upon which, or the time within which, distress is to be made
after removal of goods, it being the purpose and intent of this provision that alt goods of Tenant,
whether upon the Premises or not, shall be liable to disu~ess for rent. Tenant, to the extent
permissible by law, waives in favor of Landlord al] rights tutder any statute and law, and all
supplements and amendments thereto that have been or may hereafter be enacted, and authorizes the
sale of any goods dislrained for rent at any time a(ier five (5) days from said distraint without any
appraisement and/or condenurat;',on thereof.
(c) Tenant waives the ri~ttt to issue a Writ of Replevin under any Rule of Civil
Procedure and the Laws of the State in which the Premises or such property or goods so distrained or
levied upon are located, or under tmy other law previously enacted and now in force, or which may
be hereafter enacted, for the recovery of any articles, household goods, funtiture, etc. seized tutder a ;
distress for rent or levy upon azi execution for rent. damages or otherN~se; all waivers hereinbefore
mentioned are hereb}r extended to apply to any such action.
(d) If rent and/or arty charges hereby reserved as rent shall remain unpaid on arty day
when the same ought to be paid, "Tenant empowers arty Prothonot<vy, Clerk or attorney of arty Court
of Record to appear for T'enanu in any and all actions which may be brought for rent and/or the
charges, payments, costs and expenses reserved as rent, or agreed to be paid by Tenant, and to sign
for "Tenant an agreement for entering in arty competent Court art amicable action or actions for the
recovery of rent or other charges or expenses, and in said suits or in said amicable action or actions
to confess judgment against Te:nartt for all or any part of the rent specified in this Lease and then
unpaid including, ai Landlord's option, the rent for the entire wtexpired balance of the Tertn and/or
other charges, payments, costs and expenses reserved as rent or agreed to be paid by "Tenant, and for
interest artd costs together with an attortey's commission of ten percent (f0%). Such authority shall
not be exhausted by one exercise thereof. but judgment may be confessed as aforesaid from time to I
time as often as any of said reel and/or other charges reserved as rent shall fall due or be fat ancars,
and such powers may be exercised as well after the expiration of the "I'entt.
(ej \~1hen this !case shall be determined by condition broken, at any time during the
"Term and also when and as soon ;rs the Tentt shall have expired, it shall be lawful for and Tenant
hen;by empowers arty attomey as attorney for Tenant to file an agt>rement for entering in arty
competent Court an amicable action in ejectment against 'Tenant and all persons claiming under
Tenaru fix the recovery by Landlord of possessiat of the Premises, for wftich this Lease shall be his
sufficient warrant, whereupon, if l.,attdlord so desires, a writ of execution or possession may issue;
forthwith. e~ithout atw prior writ or proceedings whatsoever; and provided that if for mty reason afrer
such action shall have been commenced the same shall be determined and the possession of the
Premises remain in or be r•estorcd to Ter><~ttti; Landlord shall have the right upon subsequent detauit
or defaults, or upo? the tcrmiuation of this Lease as hereinbefore seF forth, to bring one or more
amicable action or actions as hereinbefore set forth to recover possession of the Premises.
(f} I.vtdlord may (but shall have no cioligation to) perform any arvertaftt or
agreement required to be performed b} Tenant wider this Lease but which Tenant has failed to
perfoznt, provided Landlord has first given notice to Tenant of its intention to do so. ~lny costs
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incun-ed by l.,andlord in performing such coverrutt or agreement shall be reimbursed immediately
upon notice thereof-.
(g) In illt)' antleablC action of ejectment and~br for rent in arrears, Landlord shall tirst
cause to be filed in such action an affidavit made by it or someone acting for it setting forth the facts
necessary to autltori-re the entry of jtcd~ntent, of which facts such affidavit shall he conclusive
evidence, and if a tnic copy of this Lease (and of the truth of the copy Bach affidavit shall be
sufficient evidence) be filed in such activn, it shall not be necessary to file dte original as a warrant
of attorney, arty rule of Cvwt, custom or yractice to the cun4ary notwithstanding.
(h) Lactdlord's pursuit of any n:medy or remedies, including, without limitation, any
one or more of the remedies stated in this Paragraph 25 shall not (i) constitute an election of
remedies or preclude pursuit of any other remedy or remedies provided in this Lease or any other
reutedy or remedies provided by law or in equity, separately or concurrently or in any combination,
or (ii) serve as the basis for any claim of constructive eviction, or allow Tenant to withhold any
payments under this Lease. ;
(i) If this Lease shall terminate as a result of or while there exists a default
heretutder, any fwtds of Tenant held by Landlord may be applied by Landlord to any damages
payable by 'tenant (whether provided for herein or by law) as a result of such termination or defauh.
(j) Tenant waives the right of inquisition on auy real estate that may be levied upon
to collect ally amount which may become due under the terms and conditions of this Lease, and does '
volantarily condemn the same and authorizes the Prothonotary or clerk to enter a wfiit of execution
or other process. if proceedings shall be corrunenced by Landlord to recover possession tinder arty
statute or law, either at the end of the Temt or for nonpayment of rent yr any other reason, Tenant
specifically waives the right to any notice required by such statute, and agrees that five (S) da}~s
notice shall be sufficient in tiither or arry such case.
{k) Neither the commencement of any action or proceeding, nor the sculemeut
thereof; nor the entry of judgment thereon shall bar Landlord from bringing subsequent actions or
proceedings from tune tv time, nor shall the failure to include in arty action or proceeding any swn nr '
scans then due be a bar to the maintenance of any subsequent actious al' proceedings for the recovery
of such sum or runts so omitted. I
{1) The late payment by 'tenant to Landlord of Minimum Rent or any other stuns due
herewtder ~+ill cause Landlord to inew- costs not contemplated by this Lease, the exact amowtt of '
which would be extremely difficult :ntd impracticable to ascertain. Such cvsls include, but arc not
limited to, processing, clerical and accounting charges, lost interest, and late charges which may be ;
intpctsed on Landlord by the terms of airy mortgage, security deed ur deed of tnlst encwnbering the j
Shopping Center. '17terc(bre, in the event I_attdlord does not actually receive any installment of
minimum Rent or arty sum due carder this Lease by 5;00 p.m. on the due date thereof, Tenant shall ;
pay to I_altdlord as additional rent a }ate charge equal to five percent {5%) of each such installment of
Minimum Rent or other sum, and "f taro Hundred ):-iffy Dvllars ($250.00) for each check presented to I
Landlord in payment of Minimum Rent or other oblinations heremtder which is not paid by the bank
upon which such check is drawn. V [
(m) "l~enant shall pay all costs- expenses and attorneys' lees that may he incw~~cd or
}>vd by Landlord in enforcing the terms of this Lease.
(nj The (ivegoing provisions of this Paragraph 25 shall apply to any renewal or
extension of this Lease.
ZG. MORTGAGES.
(a) Cpon request by any holder of a nuntaage ("\•]ortgagee") which now yr hereafter ~i
has a mortgage enc:umberiug the Shopping Center ("Mortgage"); and provided the Mortgagee agrees
to deliver w "tenant iitl agreement not to disturb "tenant's quiet enjoyntcnt of the Premises as Ivng as
Tenant is not in default under this l..case, 'tenant covenants and agrees to subordinate 'I-enani's rights
raider this lease to such Mortgat~ec, and to any and all advances to be made tinder its h]otlgage and
the interest thereon, attd to al{ renewals, moditicxtions, rcplaccments. and extensions thereof:
~l~ena;u afro agrees that arty Mortgagee may elect to have this Lease made prior to the Morgagec's
MurtgtlgC. and in the event of such eleclirnt and upon notit3cation by arty such Modgagee to Tenant
so that effect, this Lease shall be deemed prior in lien to any such Mortgage. w~helher this lxast is
dated or filed prior to or sulvsc;lu(~nt to the elate of the Mortgaee. fcrruu a~~rees to such
23
ti'tLi
~ 17 s c.Ptn nrh~n~a,Pcu wUum Colunti rt: (n° hl Cf C rl.i~aac IYJ? IH)(~
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modifications of this Lease as 1vlortgagee may request so long as such changes do not materially and
adversely increase'renant's obligation or decrease Landlord's obligations.
(b) Tenant shall, in the event of the exercise of the power of sale or deed in lieu of
foreclosure under any Moztgage covering the Shopping Center, attozn to and recognize such
purchaser as landlord under this Lease; provided that said purchaser shall not be liable for any act or '
omission of any prior landlord or be subject to any offsets or defenses which Tenant may have
against any prior landlord. Tenant further covenants and agrees chat: should any party so succeeding
to the interest of Landlord regture a separate agreement of attommertt regarding the matters covered
by this Lease, and provided the Mortgagee agrees to deliver to Tenant an agreement not to dishtr•b
Tenant's quiet enjoyment of the Premises as long as Tenant is not in default under this Lease, then
Tenant shall promptly, upon request, enter into any such attornment agreement. Faihtre of Tenant to '
execute any statements, certificates or instruments necessar}~ or desirable to effectuate the provisions
of this Pazagraph within twenty (20) days after written request to do so by Landlord, shall constitute
a breach of this Lease. Tenant hereby irrevocably appoints Landlord as attozncy-ln-fact for Tenant
with full power and authority to execute and deliver in the name of Tenant any such statements or
instruments.
(c) At any tizrte and from time to time, Tenant agrees, upon request from Landlord,
to execute, acknowledge and deliver to Landlord or any potential purchaser of the Shopping Center,
or to any mortgagee or potential mortgagee, within ten (I 0) days after request, an estoppel certificate I
or statement in writing certifying to all or any part of the following infoanation as Landlord shall
request, to the extent such facts aze true and ascertainable: (i) that this Lease constitutes the entire
agreement between Landlord and Tenaztt and is unmodified and in full force artd effect {or if there
have been ntodifacarions, that the same is in full force and effect as modified and stating the
modification), (ii) the amormts of Minimum Rent, Percentage Rent, additional rent and other charges
under this pease and the dates to which same have been paid, and that there are no prepaid rents or
other sums hereunder, and the amount of security, if arty, deposited with Landlord, (iii) that the
Premises have been satisfactorily completed, and that a[1 conditions precedent to this Lease taking
effect have been carried out, {iv) that Tenant has accepted possession of the Premises, that the •I~ernt
has commenced, that Tenant is occupying the Premises aztd operating Tenant's business full-time
therefrom, and there are no defaults or offsets which 7•enant has against enforcement of this T..ease by
Landlord, and {v) the actual Commencement Date and expiration date of this Lease. 'tenant's
certificate or statement shall also contauz such other ntformation as may be reasonably or
customarily required by the present or potential landlord or mortgagee. Failure of Tenant to execute
any statements, certificates or instruments necessary or desirable to effectuate the provisions of this
Paragraph 26 within twenty (1.0) days after Witten request to do so by Landlord shall constitute a
breach of this Lease. Tenant hereby irrevocably appoints landlord as attorney-in-fact for Tenant
with full power and authority to execute and deliver in the name of Tenant any such statements or
instruments.
27. SUCCESSORS A1~I) ASSIGNS. The provisions of this Lease shall bind and inure to
the benefit of Landlord and •fenant and their respective successors, heirs, legal representatives, and
permitted assigns; provided, however, that no assienntent or subletting by, through or under Tenant
in violation of Paragraph 23 hereof shall vest in such assigntee or subtenant any right, title or interest
whatsoever Upon any sale or conveyance of the Premises, the Landlord named herein shall be, artd
hereby is, entirely free and relieved of all covenants and obligations of Landlord hereunder arising or
occurring on or after such sale or conveyance.
28. ACCESS TO PREiyIISES. I,artdlot•d shall he entitled upon notice to Tenant (except no
notice shall be necessazy in the event of an emergency) to have free access to the Premises at all
times for purposes of inspecting, examining, showing or displaying same, or placing "For Rent"
notices no larger titan 10 square: feet upon the Prenuses druing the lass ttivelve (12) months of the
Tenn or for rnal:utg any repairs thereto or to Landlord's adjoining property. 1111 such notices shall
not be removed, molested or hidden by Tenant. Landlord shall use reasonable ef2orts to not I
trru•easonably interfere with the operation of •fenant's business during such entry. Any such entry or
action shall not be deemed an actual or constructive eviction or dishtrbance by Tenant, nor shall
Tenant be allowed any abatement of rent of arty sort, or damages for any injury and inconvenience
occasioned thereby. Not}ilng contained in this Pazagraph 28 or elsewhere in this Lease shall obligate
Landlord in any fashion under ar,}' circumstances to enter or inspect the Premises.
29. TERMINATION. \o termination of this Lease prior to the nornal expiration thereof,
by lapse of tune or otherwise, shall affect Landlord's right to collect rent for the period prior to ;
fennutation thereof, except as otherwise set forth herein. lvo surrender of the Premises or any part;
fhereof by delivery of keys or ot!renrise shall operate [o terninate this Lease unless and until
accepted in wrtiting by an authorized officer or authorized representative of Landlord.
24
S~\LeealJ.eases~Pennsyle~anialF'tnnsbo:o Conuno:~~s\Uw H Ct,tr'~Lcuc D03.DOC
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T
30. ESTATE ll\` LA]\'D. Tlis Lease shall create the relationship of Landlord and Tcnarrt
between the. parties herero, and no estate shall pass out of I_,andlot-d. 'Conant has only a ustrfrtrct
hereunder, not subject to levy and sale, and nol assignable by Tenant except as provided in
Paragraph 23 hereof.
31. tiOLl)ING OVER,.
(a) If t}is Lease is not re;netved or• extended or a new Lease is not entered vtto '
between the parties. and if Tenant shall then hold over alter dte ter~rrinaCion date, and if Landlord
shall then not proceed to remove Tenant from the Premises in t}te manner permitted by law (or shall
not have given written notice to •I'enazrt drat "Conant may vacate the Premises) irrespective of whether
or not Landlord accepts rent iiom Tenant for a period beyond the termination date, the parties agree '
that Tenant's occupancy of dte Premises after the tcnnination date shall be upon all of the terns set
forth in t}is Lease except 'tenant shall pay on the first day of each month of the holdover period as
Minimum Rent, an amount equal to t}ze higher of (i) an amount equal to two times one-tw•elfttr '
(1112th) of the sum of the Minimum Rent, Percentage Rent, Taxes, Common Area Maintenance
Cost and additional rent payable by Tenant during the last year of the Term (i.e.; the year
immediately prior to the holdover period) or (ii) an aznotutt equal to dre dten market rental value for '
the Premises as shall be established by Landlord giving notice to Tenant of Landlord's good faith
estimate of such market retail value, except that Landlord shall not be required to perform any work,
furnish arty materials or make azry repairs within the Premises during the holdover period and except
drat such tenancy shall be on a month-to-month basis. if Landlord shad, at any time ai3er dte
expiration of dre Term or after the expiration of the term created thereafter, proceed to remove
Tenant from the Premises as a holdover, the Minimum Rent for the use and occupancy of the
Premises during arty holdover period sbaD be calculated in the same manner as set forth above. In '
addition to the foregoing, Landlord shall be entitled to recover from T'errant any losses or damages '
arising from such holdover.
(b) If Landlord shall, at any time after the expiration of the Term or after dre
expiration of any term created thereafter, proceed to remove 'T'enant from the Premises as a holdover,
dre Minimum Rent for the use trod occupancy of the Premises dm•ing any holdover period shall be
calculated in the same manner as set forth above. Lr addition to the foregoing, Landlord shall be '
entitled to recover from any losses or damages arising from such hold-over (whether direct or '
indirect). I
(c) If T'enazrt shat] hold-over or remain in possession of any portion of the Premises
beyond the termination date, Tenant shall be subject not only to sttnrmary proceeding and aq
damages related thereto, but also to arty damages arising out of any lost opportunities (and/or new
Leases) by landlord to toter the Premises (or any part thereof). A11 damages to Landlord by reason
of such holding over by •I•enarrt may be subject of a separate action and they need not he asserted by
Landlord in arty summary proceedings against Tenant. '
32. INTERF,ST• ATTORNEYS' FEES.
(a} All Minimum Rent, Percentage Rent, additional rent; other rent, acrd any odter
costs, expenses, sums or amounts payable or reimbursable hereunder by Tenant to Izndlord shall be
deemed to be rental hereunder whether or not designated as such, which, if not promptly paid on or
before the date due, time being of the essence, shall bear interest at the rate of the heater of (a) I
fifteen percent (1 per annum, or (b) four percentage points in excess of the prime rate published '
in ttte Wall Street Jottrna] or its successor (but in no event hig}rer thatr the highest rate enforceab}e by
late) horn the due date turtil paid. Such interest shall be due if pa}anent is not made on dte due dart,
regardless of whether Paragraph 25 provides for azry additional grace period or notice.
(b) If any atnowris ottrirrg under this Lease are collected from "l~enatu or arty
guarantor of 1'enattt's obligations hereunder by or with any assistance 5ont or consultation with any
attorney at law or a collection agent, 'I~enant covenants and agrees to reimburse Landlord for its Icgal
fees and collection agency fees, and such fees shall constitute additional rem hereunder.
33. RECORDING. Neither dte ]..ease nor a tuemorandum of the Lease may be recorded
without the consent oCthe Landlord.
34. NON-WAIVER.
(a) No failure by Landlord to tinrc;ly bill Tenant for any pa}~rnents hereunder, or to -
insist upon the strict perfonnarnce, in any of one or more instances, upon any breach of any tern},
25
S'd.cgal~ica: c,,Pcnncy{rznia\Pcnnsboro ConnnmulG ui H Ch "•nllra+e f>t13 IXX'
covenatt, or condition herein contained shall be deemed to be a waiver of such temr• covenant or
conditivn; nor of any subseyuent breach of the same or any other term, covenant or condition herein
contained. Any subseyuent acceptance by Landlord of any Minin3um Rent, Percentage Rent,
additional rent, other rent, or arty other sums due heretuder shall not be deemed to be a waiver of
any preceding breach yr default by Tenant of any term, covenant, or condition of this Lease
regardless of Landlord's knowledge v#• such preceding breach at the time of acceptance of such sum.
No cavettant, term, or condition of this Lease sha1I be deemed to have been waived by Landlord
unless such waiver be in writing by an authorized ofT'icer of Landlord.
(h) No payment by Tenant ar receipt by L.arrdlvrd of an amow•rt less than the entire j
Miturnurn Rent or other rent or other sutra herein stipulated shall he deemed a waiver of Landlord's
right iv receive the entire amount herein stipulated. No partial payment or endorsement on any
check or any letter accompanying such payment or rent shat3 be deemed art accord and satisfaction,
and Landlord may accept such payment without prejudice to Landlord's right to collect the balance
of any rents due under this Lease. After service of any notice of temtination, or other notice, or
cotnmencemertt of any suit or dispossessory or distress proceeding, Landlord may receive and collecl
any real due and such collection or receipt shall not operate as a (a) reinstatement, continuance, j
renewal, or extension of the Tenn of (b) waiver affecting such notice: suit or proceeding.
35. TIME OF TIIE ESSENCE. Time is of the essence with respeca tv Tenant's
obligations and covenants under this Lease.
36. SEVERABILTTI'. If any clause, provision, subparagraph or paragraph of this Lease
is yr becomes unconstitutional, illegal, invalid, or tu~enforceable because of present or future Laws,
the remaining parts of this Lease shall not be affected thereby unless such invalidity is, in the sole
detenrritration of Latdlord, atr essential element of this Lease in which event I_andtord has the right
to terminate this Lease on w7itten notice to Tenant.
37. I2EI.OCAT'ION. 'T'enant agrees drat, at any time during the teen of tlvs Lease, "tenant
shall, if requested by Landlord, vacate the Premises to a space designated by Latdlord in the
Shopping Center irr which the Premises are located, such space to be comparable to the dimensions
of the Premises, and such designated space to be occupied by Tenant for the balance of the Tetra set
forth herein. The Minimum Rent and additional rent shall. be proportionately adjusted should the
designated space be larger or smaller than the Premises. Landlord shall reimburse to Tenant
T'enant's actual and reasonable out-of-pocket costs inctxned to move Tenant to the space designated
by Landlvrd.
38. NO'17CES. All notices, consents, approvals or demazrds with respect to this Lease shall
be in writing, and if to Tenant the original shall be sent by certified or registered mail, return receipt
requested, or overnight courier to the Tenant specified in the Fundamental Lease Provisions ar to
such other persons at such other addresses as Tenant shall notify Landlord in accordance with this
Paragraph 38. All. notices or denrarrds to Landlord shall be sent certified mail or registered mail,
retwn receipt requested, or nations] overnight cotrttnercial courier to the address of Landlord
specified in the Fundamental Lease Provisions or to such other persons and at such other places as
Landlord may designate to Tenant in writing in accordance with this Paragraph 38. lJpon request by
Landlord or any Mortgagee of the Shopping Center, a copy of all notices or demands to Landlord
shall also he sent to such Mot•tgagee(s).
39. FORCE MAJEL'RE. 'T'he patties hereto shall be excused for the period of any delay in
the performance of any obligations hereunder, when prevented from so doing by cause or causes
beyond such party's control which shall include; without limitation, industry-wide Tabor disputes,
civil cormrnvtion, war, war-like operations, invasion, rebellion, hostilities, military or usurped power,
sabotage, governmental regulations or controls, fire or other casualty, inability to obtain vIy
material, services or through acts of God except that in no event shall 'tenant's oUligation to pay
Minimwn Rent, Percenta~c Rent or any additional rent be affected by the provisions of this '
Para~aph 39.
40. I3I201{EI2AGL:. Laadlard and "tenant each warrants to the other that it had no dealing I
with arty brokc;r or agent except as indicated in the Fundamental Lease Provisivns in connection with
this Lease vther than Cedar Shopping Centers Partnership, 1..P. (`Brokers'). '1-errant agrees tv hold
harmless and indemnify the Landlord from and against any and al] costs, expense or liability
(including attorneys' fees) for any compensation, commissions and charges claimed by any broker yr
agent (other lhau the Brokers) by reason of arty broker or agent having had conversations or dealings
with Tenarrt w~tlr respect to this Luse or the negotiation thereof.
5'•d.eeaJttea t~Yenncylran in'Pennbcn('ornmons',GuiMChcnlLc;iac x2000'
I
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dl. I.ANllLORI)'S 1IA13if..I'I'Y. I.n the event of a sale by I..andlord of its interest in the
Shopping Center or in the event of the creation by l.,arxllord of a Lease of all or substa»tially all of
the Shopping Center, thc? the transferor or the lessor, as the case may tx;, shall thereafter lx entirely
relieved of all tetras; covenants and obligations thereafter to be perfonneci by Landlord under this
Lease to the extent of interest or portion so sold, transferred or leased.
42. (:AP'1'IONS. 7'he captions of Pu•agraphs hereunder are inserted only as a matter of
convenience attd, for reference, vtd in no way define, limit; or desenbe the scope or intent of this
Icasc nor ur any maruter affect this lease.
43. EN'I'IRA: A(;12CfsIViI:N'1'• AblisNUP4FN'1'• CONSFti'f'S. 'I'bis ].,ease and al[
exhibits or riders attached hereto (if any} set forth the entire agreement between the parties hc;reto
concerting the Premises artd uo representations, iuducerments, promises and agreements, oral or
otherwise, between the parties not embodied herein, shall be of any force and elTcct. No
atnendment, modification, temtination, change or addition to this lease shall be binding upon either
party unless reduced to writin; artd signed by •I'enattt and t..andlord. Any consent required oz
requested of landlord under this lease or any portion thereof, including, without limitation,
Paragraph 23, may be grastted or exercised arbitrarily, without inquiry into the reasonableness of
unreasonableness of the granting or withholding of same wt3ess this lease provides that such amsent
or approval must be reasonable.
44. JGRISDIC'ITON AND V)E;NLiE. 1'he parties agree that with respect to arty dispute
arising under or ut catuection with ibis Lease that the exclusive jw-isdiction artd venue shall reside
with the courts of the county and State in which the Shopping Center shall be located andlor the
Urutcd States District Courts, and such appellate courts as have supervision thereover, and the
parties agreed to submit to such exclusive jurisdiction and venue, and ser~~ice of process by certified '
mail to the addresses for notice set forth in Paragraph 38 hereof. '
~#i. Th:NANT OIILIGe#TIUNS. All rent payable tender this lease shall be absolutely "net"
to the Landlord except as to the nbligations of Landlord contained herein, and accordingly, all costs,
expenses, and obligations of every kind related io all taxes, utsut-attce, repair, replaccntent,
rebuilding, painting, cleaning, maintenance, operation, and upkeep of the Premises which are not
specifically asstuned by landlord in this Lease arc deemed to be the responsibility of Tenant, and
'T'enant shall, and does hereby, release and indcnutify Landlord from artd against all such costs;
expenses and obligations not assumed by Landlord in this Lease. If Tenant shall default in the full
attd punctual keeping, observance, or perforrnance of any provision or obligation of Tenant's under
this Lease, Landlord, without tPrereby waiving such default, may perform the same for the account '
and at the expense of Tenant (but shall have no obligation to do so), without notice by Landlord to
Tenant of landlord's intention to do so. Any expense incurred b} Landlord in coru~ection with any
such performance by Landlord :f'or the atx;ount of "Tenant, shall immediately be due artd payable by
Cenvtt to Landlord as additional rent under this Lease, and in the event of non-payment of same,
Landlord shall have all of the rights and remedies provided for herein or by law in the case of non-
payment of rent. TVotwithstanding arty default by Landlord hereunder. Tenant shall not be entitled to
tonttinate this lease, nor receive any aiiatentent, deduction, deferment, suspension, or reduction or
setoif~, defense or counterclaim ;against any rentals, charges, or other starts payable by 'T'enant under
this Lease, it being the intention that the obligations of L:artdlord and 7 errant hemttnder shall he
separate and independent coven:utts artd agreements, and that the Mirtinxnn Rent. Percentage Rent,
atxi all other charges and scans payable i>y "Tenant hereunder shall continue to I>e payable in all
events unless the obligatiou to pay the sarnc shall be terminate purs#aant to the provisions of this
Lease.
4G. I2ITLES ANl) 12IsGL1LA'I70NS. The rules and regulations, if any, annexed hereto,
and all reasonable ntles and regulations which Landlord Wray hereafter from tune to time adopt aad
promulgate for the govenunent turd utturagement ol'the Shopping Center; are hereby ntadc a pan. of
this ].ease attd shall, cha•ing and within the term, be ftrlh obserned and perl'omted by T~enarrt as if the
carne were contained herein as covenants. A breach of said n#les artd regulations by Tenant shall be
deemed a material breach of this ].,case.
47. TRANSFI;it TAXES. 7 errant shall pay any attd alt u<tnsler taxes arising out of t~#is
T"care or the recording ofa mcntcx-(mdum thercoC
48. CO:VhI?SSION Off' .IUD{;iVll?NT N'AIVFR. 7~cnaut acknowledges that this Lease.
contains Confession o1~ Judi>,ment which permit the Landlord, or Agi;nt, without prior notice to
"Tenant to obtain a judgment ar:ainst "I-errant and in favor of Landlord for any unpaid rent or I'or
possession of the Premises witho#Lt am~ oppcirtunit~- or? the- pan of Tenant to be present at trial or
27
3'I~cgal~i.caud'trtrs{vnnm'3'cmuharO CUnunou5:(i•di fl C#nar.Lcs~c (p±EXK
_ ~ -
hearing before the entry of such judgment against Tenant, Tenant acknowledges that by executing
this Lease. it is waiving substantial rights it may have otltetwise to a hearing or trial prior to the entry
of a judgment against it, and Tenant reaffirms the waiver of these rights and acknowledges that it has
waived these rights knowingly and voluntarily, without any coercion or undue influence. Tenant also
represents and acknowledges that this Lease is for a business purpose and not for residential
proposes whatsoever, and that the Tenant has consulted an attorney, or has had the opportunit,° to
consult an attorney, prior to the execution of this Lease.
49. QUIET ENJOYMENT. Upon pa}7nent by Tenant of the rents herein provided, and
upon the observance of all covenants, terms and conditions on 'T'enant's pat•t to be observed aztd ,
performed, Tenant shall peaceably attd quietly hold and enjoy the Premises for the Term without
hindrance or internrption by Landlord or any other person or persons lawrfirlly claiming by, through
or under Landlord, subject, nevertheless, to the teens and conditions of tlvs Lease, and any mortgage
and/or deed of trust to which this Lease is subordinate. I
50. FURNISHING OF FINANCIAL STATEMENTS. Upon Landlord's request, Tenant
shall promptly furnish Landlord, with financial statements (ittctuding, without limitation, operating
statements including an annual profit and loss statement for the individual store unit covered by this
Lease) reflecting Tenant's cwzent financial condition, and ~+Titten evidence of ownership of
managing and controlling interests in ~'enant and in any entities which directly or indirectly control
or manage Tenant.
51. TRADE NAME. 'Tenant agrees to operate its business in the Premises only under the
name designated on the Fundamental Lease Provisions so long as the same shall not be held to be in
violation of any applicable law. Tenant hereby' wan•ants that it has the full and unfettered right to
use such name and that such use dues not in any way infringe upon the rights of others. Tenant shall
protect, defend, save and hold h<•trmless Landlord against and from any and all claims, demands,
fines, suits, actions, proceedings, orders, decrees and judgments of any kind or nature and against
and fi~ont any and all costs, damages and expenses, inchtdittg attorneys' fees, resulting from, or in
coturection with Tenant's use of its trade name at the Pretrrises.
52. WAIVER OF COlJN1'ERCLAIM A.ND TRIAL I3Y JURY. Landlord and Tenant
waive their right to trial by jun' itt any action; proceeding or cow~terclaim brought by either of the
parties hereto against the other (except for personal injun~ or property damage) on any matters
whatsoever arising out of or in arty way cautected with this Lease, the relationship of f,arrdlord and
Tenant, Tenant's use of or occupancy of the Premises, and any emergency statutory or any other
statutory remedy. Tenant shall not interpose any counterclaim or counterclauns or claims for set-off,
recoupment or deduction of rent in a summary proceeding for nonpaytnent of rent or other action
based on termination, holdover or other default in which Landlord seeks repossession of the
Premises from Tenant
53. SPrCIFIC PF,RFORMANCE OF LANDLORD'S I2IGHT5. Landlord shall have
the right to obtain specific performance of any and all of the covenants or obligations of Tenant
under this Lease, and nothing contained in this Lease shall be construed as or shalt have the etTect of
limiting such right.
54. FXECUTIUN AND AUTHORITY.
(a) "this Lease shall not be binding upon either party until each party actually
physically receives a fully executed copy of (i) this Lease, and (ii) each guaranty agreement, if any,
of all guaratttots of this Lease. In the event Landlord executes this Lease first, carne shall be
regarded as an offer to Tenant, wlvch may be accepted by Tenant only by delivering a fully executed
copy of this Lease to Landlord, together with a fully executed copy of each guaranty agreement
attached hereto which offer may be withdrawn at any time before Tenant so delivers the full}'
executed Lease to Landlord.
(bl As a material inducement to Landlord to enter into this Lease. Tenant (arid,
individually which parry executing this Lease on behalf of Tenant), knowing that Landlord is relying
on each such representation and w<uYanty, represents and wan ants to L.artdlord that
(ij Tensn~t and the part}' and`or individual executing on behalf of'I~enant are
fitlly and properly authorized to execute this Lease on behalf of Tenant and to deliver same *.e
Landlord:
(ii) The execution, delivery and full performance of this L.easc by Tenant
do not and shall not constitute z. violation of any contract. agreement. undertaking, judgment, lads, '
28
5~~1.cgsliLeucs S'ennsylvanislPcruuUeru Cummons~.VUi H Cheu1Lc35c 003 UOC
decree; governmental or court order or other restriction of any kind to wlrich Tenant is a parTy or by
wluch 'tetraru may be bound;
(iii) Tenant has executed and entered into this Lease free and from fraud,
undue influence, druess, coercion er other defenses to the execution of this Lease;
(iv) 'I'bis Lease constitutes a valid and bindurg obligation of tenant,
enforceable against Tenant in accordartcc with i[s terms;
(v) Tenant is duty orgatuzed, validly existing and in good standing under the
laws of the state of its organization and has full power and authority to enter into this Lease, to
perfom~ 'tenant's obligations under this Lease in accordance with its terms, and to transact business
in the state in which the Premises are located, the execution of this Lease by the individual or
individuals executing it on behalf of Tenant, and the performance by Tenant of Tenant's obligations
under this Lease, have been duly authorized and approved by all necessary corporate or partnership
action, as the. case may be, and the execution, delivery and performance of this lease by Tenant. is
not in conflict with Tenant's bylaws or articles of incorporation (if a corporation}, agreement of
partnership (if a partnerslp), or other charters, agreements, rules or regulations governing Tenant's
business as any of the foregoing may have been supplemented, modified, amended, or altered in any
manner.
Phis Izase shall be executed in duplicate, each of which shall be deemed an original and
each of which shall be deemed to he complete of itself and may be introduced utto evidence or used
for any purpose without the production of the copies.
55. 1'ENAN'T UAIVIA(YES. If Tenant shall request Landlord's consent and Landlord shill
fail or refuse to give such consent, Tenant shall not be entitled to any damages for arty withholding
by Landlord of its consent, it beinE intended that Tenant's sole remedy shall be an action for specific
performance or injunction, and that such remedy shall be available only in those cases where
Landlord has agreed not to umreasonably withhold its consent or where, as a matter of law, Landlord
may not unreasonably witlilrold its consent.
( TttE BAi.A:'~1CE Or THIS PAGE 1S IN'IF.N"PIONALLY LEFT $LANK. 1
29
S ~L.ceeSd.casei`J'uuis~~hac+aV'cnnsboro Cmm~nms•.Gm H Cicen•Leuc 00?. DfK
_ _ _ _ _ ~
SG. "I'P,rtiAN'I' E}CCLIJSIVI:. During the "1'ertu of this Lease rmd any extension or
renewal thereto, provided that Tenant is not in default after notice and the expiration of any
applicable grace or cure period; and further provided that 'Tenant is open and operating lix the
primary use of a so called "dollar store" or doliat• price point retailer pursuant to the use clause
existing in this Lease, Landlord shall not lease, license or permit the use of• any in-line space by
another operator for the primary use as a "dollar store" or other similar one dollar or below price
point retail store. The aforementioned provision expressly excludes existing "dollar store" retail
stores and discoarlt stores operating in the Shopping Center and existin~~ tenants, their
replacements and/or assigns and retail stores }xrmitted, pursuant to their existing leases, to offer
dollar price point bargains and other discounts as an accessory to their retail sales. ff Landlord
v=iolates 8iis exclusive, "Tenant's sole remedy shall he the abatement of fifty percent (50°/a) of
Tenant's Minimwn Rcnt during the period of such violation following a period of thirty (30) days
notice to Landlord. Such abatement shall icmtinate upon the cure of such vsolatimt by Landlord. ;
Notwithstanding the foregoing, in the event that "]'chant elects to exercise any option to renew this
Lease or to otherwise extend the Temt of this Lease during any use violation then in existence, upon
€he effective date of such renewal or extension, Tenant shall waive any right of rent abatement as
may otherwise be contained in this Article 56. bt no event shall Tenant's additional rent or charges
be reduced as a result of atry such violation.
During the existence of any uncured exclusive use violation; provided that Tenant
is otherwise not in default of a monetary or material term of the Lease, after notice and beyond the
expiration of any applicable grace or cure period. 'Tenant shall have the right to terminate this
]..ease effective upon the last day of any calendar month, following not less than ninety (90) days
notice (the "Cancellation Bate"). In such event, provided that on or before the Cancellation Date,
Tenant delivers to Landlord possession of the Premises in vacant a,td broom clean condition, and
otherwise in compliance with the terms covenants and conditions of this ]..ease, Landlord shall
reimbut•se Tenant S10U,UOOAO for the costs of leasehold improvements made to the Premises
during the Term of the Lease, lJpon "tenant's receipt of such sums, the Lease shall be deemed
cancelled and neither party shall have any fisrthcr or continuing obligations or liabilities to the
other, as of the Cancellation Date were the Expiration Date of the Lease. Nohvithstanding the
foregoing, Tenant shall remain responsible for all claims of injury to persons or property accruing
at or about the ]'remises through and including the Cancellation date.
IN WITNESS WHEREON, the parties hereto have dul}= executed this Lease and exhibits
thereto in duplicate, individually or through their authorized officers. agents, or attorneys-in-fact, as
the case may he, causing their respective seals to he af;ixed hereto the day at~d year first above
t~rinen.
V?71'NLSS: LANULOI2I):
(`Eb,~R P~'~S13ORO CO in1O<`S, LE'
l~ Name: 3ren ~ i~~.
TiQc: Vice President
WITNESS: "T•I:NANT: I
GI71 TT. CI.1T:N
30
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_ _ _
T
EXHIBIT C
TENAN'T'S WORK
NOT SUBti1ITI'LU AT I'HL "r1.'bfB OF LEASI? I;XI:CU7ION
33
S'1c~ai3_asei.Yzevu}~Iran~a~Pennsbore Coaimoas ~ iw )i ChenJaa z CU3 JXX~
_ _ i
EXHIBIT D
SHOPPING CENTER RULES AIVD REGULATIONS
MADE A PART OF LEASE FOR
PREMISES AT PEN'NSBORO COMMONS SHOPPING CENTER
The following Rues and Regulations are required to be observed by the `tenant as well as all
employees, agents and invitees of Tenant. 'T'hese Rules and Regulations, which Landlvrd may
amend or add to at any tune by notifying Tenant in writing, shall be binding upon the Tenant and arc
expressly made a part of the Tenant's Lease. Violation of any Rule or Regulation shall have the
same force and effect as the violation of any term; covenant or condition of the Lease and shall
constitute an event of default thereunder. In the event of any conflict between the terms of these
Rules and Regulafivns and the other teens of the Lease, the other terms of the Lease shall cwttrol.
1. Hours of Operation. 71te Center shall remain open daring the following hours {unless
Tenant is specifically permitted by the Lease or the Laztdlord to do otherwise):
Monday through Satwday: 10:00 AM tluough 9:00 PM
Sunday: 12:00 Noon through 5:00 PM
Stores aztd retail establishments shall be open and operating for business not later than 10:00 AM,
Monday through Saturday, and not later than 12:00 Noon. on Sunday. and remain open until the
Center closes.
Landlord reserves the right to allow one or more tenants to have additional operating hours at
Landlord's sole discretion. "fenartt shall remain closed, or, if Landlvrd consents in writing, operate
on Sunday how•s on the follownhg holidays
C}uistmas Day
Thanksgiving Day j
2. Window Disalavs. Tenant agrees to confomt to Landlord's criteria for window displays, and
to change displays seasonally and at least monthly for the purpose of creating interest and chance
within the Center. d•enartt agrees to keep window displays and storefionts illuminated (at least 200
candlepower per lineal foot, but not more than. 1,000 candlepower per lineal foot} when the store is
vpen.
3. Conduct of Employees. Tenant shall use all diligence to ensure that his.Rter employees take
care to present themselves in riress and demeanor to customers and the general public in such
mamter as to be a credit to the shop specifically and the Center generally. '
4. L1se of Common Areas,. The sidewalks, entrances, passages, courts, plazas, escalators,
elevators, vestibules, stairways, corridors, halls and Common Areas of the Center shall not be
obshucted or enewnbered by Tenant or any servant, agent, guest, licensee, or invitee of Tenant; or
used for any purpose other than the ingress and egress to and from the Premises except for such use
of the Common Area as Landlord may from tune to time authorize.
5. Awnings and Projections. No awmings or other projections shall be attached to the exterior
swface of the walls enclosing the Prenvses. No curtains, blinds, shades or screens shall be attached
to or hung in, or used in connection wilt, arty window or door of Tenant's space without the privr
written approval of Landlord as to quality, type, design, color and manner of attaching the sante. No
protective screen, grating, shade or other enclosing device shall be used on the part of the Premises
abutting the Cvmmon Area, cotsts or public corridors without Landlord's prior written approval as
to the quality, type, design, color and manner of attaching the same; to the end that all storefronts
lacing the Common Area will be compatible in appearance. i
G. Suns and Displays. Nu sign, streamer, bamter, advet•tisetnent, notice or other lettering shall
be exhibited, inscribed, appointed or affixed by "1-errant at any place outside the Premises or inside
the Premises so that the sante is visible from outside the Premises without the prior consent of the
L~artdlord as to form, evlor, quality, and manner of attachment. Under no circumstartccs shall Tenant
exhibit or a~x artytivhcre inside the Prenuses yr on the walls or windows cnclvsing the Premises or
in the Cantmvn Area any hand-painted sins. In the event of the violation of the foregving by
Tenant, Landlord may remove the same without any liability, attd may charge the expense incurred ;
by such removal to Tenant. Tena:u will maintain azty such sign, decoration, lettering, advertising
matter or other thinr;; as may he approved by Landlord; in good condition at all times.
7. Maintenance of Premises. Tenant will, a± Tenant`s expense, maintain the Premises ir. a
clean, order]} and sanitary condition and free of insects, vermin, rodents, and other pests: no refuse.
trash or garbage shall be suffered by 7-errant to remain in the Premises a[ night after normal working
5~1.c~aP`Lcaec>'PennsylvznialPannsbom Cmm~:o~as`.Gui H Chcn`•Lta~c 003 DCK;
_ _ _ _ _ _ _ t _ _
hours. 1]uring normal working hours al] refuse, trash, garbage and containers will be so placed in
the Premises as to be not visible from the exterior of the Premises or from the interior areas of the
Premises normally used by the public.
Furthermore, nothing shall be thrown or swept out of doors or windows of the Premises onto
sidewalks; entrances, passages, cotuts, plazas, vestibules, stairways, corridors, halls or the Common
Area. Tenant will promptly reptur at Tenant's expense, any damage to the Premises or elsewhere in
the Center caused by the delivery to or removal from the Premises of any trash, refuse, or garbage
Curless such damage is caused by Laudiord or its agents, employees, contractors or authorized agents.
In default of such repairs by Tenant, Landlord may make the same and Tenant agrees to pay the cost
thereof to Landlord promptly on demand.
3. Repairs by Tenant. All repairs done by Tenant shalt be made only according to plans and
specifications attd by persons approved by Landlord. Before any repairs required to be made by
Tenant under the covenants and conditions of the Lease and/or under these Rules and Regulations
are conunenced, Tenant shall provide written notice to Landlord's mall manager specifying the date
that such repairs shall commence, the projected completion date of the repairs and the names of all
persons who will be engaged in performing the repair work. Landlord shaft be entitled to inspect the
repair work while in progress and upon completion.
9. Work in Progress. No tenant shall mazk, paint, drill into, or in any way deface any pan of the
Premises attd no borutg, cutting or stringing of wires shall be permitted, unless the prior written
consent of Landlar•d has first been obtained.
10. Use of Landlord's EmUlo~ees. -Tenant shall neither require nor request that the maintenance
crew employed by Landlord at the Center perform any repair or maintenance work whether such j
repairs or maintenance are the obligation of Landlord or Tenant raider either the Lease or these Rules
and Regulations, nor shall Tenant pay any remuneration for maintenance services directly to any I
member of Landlord's maintenance crew- All requests for assistance from Landlord's maintenance
crew shall be made, in writing, to the mall manager, who shall detemairte whether such repairs and
maintenance are the responsibility of Landlord or Tenant,tn accordance with the requirements of the
Lease, and whether and at what time such repairs and maintenance shall be performed by the
Landlord's maintenance crew, provided, however, that Landlord agrees that it will not act
unreasonably or arbitrarily in msilting such determination and shall commence all repair and
maintenance work for which l,attdlord is responsible as soon as reasonably possible without,
thereby, disrupting the orderly operation of the Center- Tenant shat] reunburse Landlord, within five
(5) days after receipt of a written statement from Landlord, for all costs incurred by Landlord in
effectvtg repairs and maintenance at the request and on behalf of Tenant that are not the
responsibility of Landlord under the Lease.
11. Public Rest Rooms. All rest rooms at the Center that are designated by Landlord as public
rest rooms shall remain urilocked during the regular business hours of the Center and public access
thereto shall not be obstructed by Tenant or its employees. The water and wash closets and other
plumbing fixtures shat] not be used for any purposes other than those for wlilch they were
constructed, and no sweepings, rabbish, rags or other substances shall be t}rrowv therein. All
damage resultit:g from arty misuse of such fixtures shall be borne by the Tenant who, or whose
servants, employees, agents, guests or {icensces, shall have caused the same.
12. Bicycles attd Pets. No bicycles, vehicles or atumals of any kuid shalt be brought into or kept
or permitted in or about the Premises or the Common Area.
33. Storage and Equipment. Tenant shall use only such space in the Premises for storage
purposes as is reasonably required for T'enant's business therein, and shall not store in the Premises
disptay racks, equipment, signs, merchandise or items of personal property for use at any other
restaurant, shop, store or office that Tenant is occupying outside the Center. "Tenant shall also not
use any area at the Center; other than the Premises, for storage. No Tenant, nor any of T'enant's
servants, employees, agents, guests or licensees, shall at any time bring or keep upon the Center or
the Premises any flammable, combustible, highly toxic. corrosive or explosive fluid, chemical or
substance without the Landlord's prior approval, nor shall such material be kept in the Nremises
except to zhc extent pernutted by law and then only with prior written consent of Landlord.
Landlord reserves the right to have removed from the Premises any maclvne, instnuncnt or
appliance requiring the use of etas or elecu-ic cun~ent that 'T'enant may have utstalled, attached, or
brought into tlye Premises without handlord's prior approval, and Landlord may charge the cost of
such removal and any damage sustained thereby as additional rent, applicable at the option of
Landlord, immediately or with the next month's rent payable under this Lease.
Si~Lcg;JlL.rnscslPenniyl~~aniatl'cnnsMro Commons\Gui H Ctenil.cau 003 IBC
t
14. Autotnobit_eParking. '1'enam shall cause its employees to park their motor vehicles within
the area designated by Landlord for Tenant imd its employees }.andlorct may, front time to time,
designate a different area for parking by 'tenant and its employees.
15 Cooking, Odors and Noise. Unless Cenant is specifically permitted by the lease to do so, no
cooking shall he done or pemtitted by the "I"enanl on the Premises without the prior written consent
of the Landlord. iJnder no circwnstwtces shall 'icnartt cause or permit arty unusual or objectionable
noise oc odor to be produced upon or emitted from the Premises.
16. Promotions..Sales and Advenisinu. 7"enant shall not permit, allow or cause any public or
private auction or any fire, smoke, "going out of business", bankruptcy, sheriff or receiver sales in
the Premises, nor shall Tenant solicit busutess troy distribute any handbills or other advertising
matter in the Common Area, nor shall 'T'enant use or pemmit the use of advertising media such as
loudspeakers, phonographs, public address systems, sound amplifiers, radio, or broadcasts within the
Common Area or within the Premises so as to be audible in the Convnon Area, nor shall 't'enant use
or permit any use of the Premises except in a ntanrter consistent with the highest standards of
merchandising and services. 'Conant shall not make, or pernit or suffer to be made on the Premises,
wry tuveasonable or disturbing noises or vibrations either by persons or machines of any type, and
shall not interfere with the occupants of arty other part of the Center or their guests, invitees or
persons using the Cotmnort Area. "Conant shall not use or pernit the use of any apparatus of sound
reproduction or transmission, or any musical instrument, such that tltc; sotmd shall be audible beyond
the Premises. Cate=assittg, soliciting and peddling are totally prohibited and each Tenatrt shat!
cooperate to prevent the same.
Landlord reserves the right to prohibit arty advertising ttu•ough any medium whatsoever that
in Landlord's opinion tends to impair the reputation cJf the Center or its desirability as a loeation for
stores or oftrces; and upon request of landlord, TenaJU shall irttntediately discontinue snob
advertising.
l7. Safety and Security. Landlord reserves the right to exclude all persons from the Center at
arty time commencing one (1) hour after Tenant closes or is required to close its Premises for
business with the public attd ending one (1) hour before Tenant opens or is required to open its
Premises for business with the public, unless Tenant or its authorized representative is present at the
Center specifically requests the Landlord to admit any particular person and Landlord, in its sole
discretion, agrees to such admission. Tenant will be responsible for the conduct of any person
admitted to the Center during such hours at t'enant's request.
Further, Landlord reserves the right tv close wtd keep locked any and all cniranccs and exit
doors of the Center and gates or doors closing arty parking areas thereof during such bona as
Landlord may deem to be advisable for the adequate protection of the Center and all tenarris therein.
Artd, Landlord reserves the right to exclude or expel from the Center any person who, in the
judgment of Landlord, is intoxicated or under the influence of liquor or dm~s; or who shall in arry
manner do azty act in violation of the Rules astd 12egulations of the Center.
1•enani, when closing the Premises, shall see that all windows and exit doors from "tenant's
Premises are closed and locked. Conant will furnish Landlord "after-hours' emergency telephone
nwnbers and with a kev to the Prertiscs. ii7r the sole use of the Tandlord at its discretion.
iA. Waiver. Landlord reserves the right to waive <uty Rule or Regulation in any particular
instance or as to any paticular person or occul-rence, and tirrther, Landlord reserves the right to
wneard or rescind new' rules wad regulations to the extent Landlord in its sole judgment, deems
suitable far the safety, care and cleanliness of the Center.
I y. Moditication. Whenever any notice, approval, consent, request, or election is given or made
pursuant to these Rules and Regulations, it shall be in writing. No consent or waiver. expressed ar
implied, by Landlord to or of any Urcach of any rule or re~trlation shall be construed as a consent or
waiver of wty other breach of s<•rnte or tnty other lute or dur~. \>?Irenever any approval or consent by
landlord or'Cenant is express~l~''~ required by these Rules and Regulations, the approval or consent
shall not be withheld unrea~rfal~ly
Enitials: Landlord "I'cnant(~x~l ~`~C ..~,,t,~%--~\~
36
S.'d ~~gal-Lcax~s~Pum±yfvaninlPcunsLum Conundn:'-c iu~ H CtiriiJ.c~ssr lip: IXfi- '
EXHIBIT E
SIGN CRITERIA
SignaQe Criteria for Ne~~• and Rcnlacemcnt Tenant Sgns
The following construction speciftcations and submission procedures pertain to ALL new ancUor
replacement signage proposed to be installed b}= any tenarrt at arty of the properties owzted, managed '
or otherwise operated by Cedar Shopping Centers, inc.:
I. All proposed signage must be in full compliaztce with the applicable rules and
regulations of the municipality having jurisdiction over the progeny where the proposed
signage is to be located.
2. All proposed signage must be constructed of individual, internally illuminated charmel
letters, which must be mounted on a raceway. Under no circwnstances will individually
mounted channel letters be permitted.
3. Only one (1) sign per tenant space will be permitted, uriless otherwise expressly provided
in this Lease.
4. The size of the proposed tenant signage must not exceed one and one half (1.5) squaze
feet of signage for each one (I) foot of storefront. In no event shall the proposed tenant
signage exceed one hundred and fifty 50) square feet in area, regardless of the length of
the storefront.
5. The raceway for all proposed tenant sigttagc must be painted (or manufactured of a
material that matches) the color of the fascia of the buslding where the signage is
proposed. The fascia color of each property will be provided upon request to the
appropriate parties.
b. Any and all hardware relevant to the installation of any proposed tenant signage
referenced herein shall be of galvanized metal, stai~ttess steel or otherwise have a ~ust-
resistant coating, and shall be of a grade sufficient to safely fasten such signage to the
building.
7. Plans and specifications for any proposed tenant signage must be submitted to Cedar
Shopping Centers, Inc. for review and (if appropriate) written agproval. It is strongly
suggested that a submission to Cedar Shopping Centers, Inc. be made prior to submission
to the municipality havingjurisdictionnver sign .permitting. Plans and specifications I
must consist of (at minimum) a color representation of the proposed signage on the
intended storefront (and/or side, if applicable) in elevation view, and a detailed cross
section of the signage itself identifying the various components of the sign's intended
construction and method of attaclunent to the buildiztg. All submissions, and any
questions with respect to submission requixements and procedures; aze to be made to:
Pau•ieia A. Hansel
Cedaz Shopping Centers, Inc.
3307 Trindle Rd
Camp HiH, Pemtsylvania 1711 l
'telephone: ;717) 909-5474 Fax: (717) 737-6429
E-mail: ghansel~cedazshoppingcenters.com
37
S:Usgd`l.cases`~Pennsyivania~PcnnsM+ro CumrtwnaGui N ChedJxase 003.DOC
i
_ _ _ _ i _
EXHIBIT "B"
t _
Database: CEDARSHOPCTR Aged Delinquencies Page: 1
Report ID: CSC_CMAGEDEL Cedar Shopping Centers Date: :7/11!2012
Style: @ PENNSBORO COMMONS Time: 10:22 AM
ENTITY' 1285 Date: 7/11/2012
Invoice Date Category Source Amount Current 30 60 90 120
X1285-002981 DOLLAR SURPLUS Master Occupant Id: 00002099-1 Suita: 012 Current
Monthly Rent CAM Recovery _ RETAX Recover~__ Day l~ue: 1
Contact: Gui Chen ~ Delq ay: 5
Tel. No.
Fax No. Last Payment: ,
~ E mail 916/2011 I 3,936.00
11/1/2011 RNT Base Renf CH 691.64 Q00 0.00 O.DO D.00 691.64
11/1!2011 TXS Real estate tax estimate CH 429.00 0.00 0.00 0.00 0.00 429.00
11/16/2011 TXY Annual Real Estate Taxes CH 1,563.37 0.00 0.00 0.00 0.00 1,563.37
12/1(2011 RNT Base Rent CH 3,090.00 0.00 0.00 0.00 0.60 3,090.00
12!1!2011 TXS Real estate tax estimate CH 429.00 0.00 0.00 0.00 0.00 429.00
1!1/2012 ESC Carn estimates CH 1,000.00 0.00 0.00 0.00 0.00 1,000.00
1/1/2012 RNT Base Rent CH 3,090.00 0.00 0.00 0.00 0.00 i 3,090.00
1/1/2012 TXS Real estate tax estimate CH 560.00 0.00 0.00 0.00 0.00 i 560.00
2/1/2012 ESC Cam estimates CH 1,000.00 0.00 0.00 0.00 0.00 1,000.00
2/1/2012 RNT Base Rent CH 3,090.00 0.00 0.00 0.00 0.00 3,090.00
2/1/2012 TXS Real estate tax estimate CH 560.00 0.00 0.00 0.00 0.00 ' 560.00
2/7/2012 CMM Annual Cam Expenses CH 1,638.18 D.00 0.00 0.00 0.00 i 1,638.18
3/1/2012 ESC Cam estimates CH 1,000.00 0.00 0.00 0.00 0.00 j 1,000.00
3/1/2012 RN7 Base Rent CH 3,090.00 0.00 0.00 0.00 0.00 i 3,090.00
3/1/2012 TXS Real estate tax estimate CH 560.00 0.00 0.00 0.00 0.00 560.00
4/1/2012 ESC Cam estimates CH 1,000.06 0.00 0.00 O.OD 1,000.00 ! 0.00
4(1;2012 RNT Base Rent CH 3,090.06 0.00 0.00 0.00 3,090.00 , 0.00
4/112012 7XS Real estate tax estimate CH 560.00 0.00 0.00 0.00 560.00 0.00
5!112012 ESC Cam estimates CH 1,000.00 0.00 0.06 1,000.00 0.00 O.DO
5/1;2012 RNT Base Rent CH 3,090.00 0.00 0.06 3,090.00 0.00 0.00
5/1/2012 TX5 Real estate tax estimate CH 560.00 0.00 0.00 560.OD 0.00 ! O.DO
6/1/2012 ESC Cam estimates CH 1,000.00 D.00 1,000.06 O.OD 0.00 0.00
6/1;2012 RNT Base Rent CH 3,090.00 0.00 3,090.00 0.00 0.00 0.00
6/1;2012 TXS Real estate fax estimate CH 560.00 0.00 560.00 0.00 0.00 0.00
711;2412 ESC Cam estimates CH 1,000.00 1,000.00 0.06 0.00 0.00 0.00
7/1/2012 RNT Base Rent CH 3,690.00 3,090.00 0.00 0.00 0.00 0.00
7/1/2012 TXS Real estate tax estimate CH 560.00 560.00 0.00 D.00 0.00 0.60
CMM Annual Gam Expenses 1,638.18 O.DO 0.00 0.00 0.00 ~ 1,638.18
ESC Cam estimates 7,000.00 1,000.60 1,OOOA6 1,000.00 1,000.00 i 3,000.00
RN'(' Base Rent 25,411.64 3,090.00 3,090.00 3,090.00 3,090.00 13,051.64
TXS Real estate tax estimate 4,778.00 560.00 560.00 560.00 560.OD 2,538.00
TXY Annual Real Estate Taxes - 1,563.37 0.00 0.00 0.00 0.00 j 1,563.37
DOLLAR SURPLUS Total: 40,391.19 4,650.00 4,650.00 4,650,00 4.650.00 ~ 21,791.19
_ _
CMM Annual Cam Expenses 1,638.18 0.00 0.00 0.06 0.00 1,638.18
ESC Cam estimates 7,000.00 1,004.00 1,000.00 1,000.00 1,000.00 3,000.00
RNT Base Rent 25,411.64 3,090.00 3,090.C0 3,090.00 3,090.00 i 13,051.64
7XS Real estate tax estimate 4,778.00 560.00 560.00 560.00 560.00 ! 2,538.00
7XY Annual Real Estate Taxes 1,563.37 0.00 0.00 0.00 0.00 ! 1,563.37
ENTITY 1285 Total: 80,391.19 4,650.00 4,650.00 4,650.00 4,650.00 21,791.19
GMM Annual Cam Expenses 1,638.18 p 00 D.00 0.00 0.00 1,638.18
ESC Cam estimates 7,000.00 1,000.00 1,000.00 1,000.00 1,000.00 ; 3,000.00
RNT Base Rent 25,411.64 3,090.00 3,090.00 3,09C.00 3,090.00 :13,051.64
TXS Real estate tax estimate 4,778.00 560.00 560.00 560.00 560.00 2,538.00
TXY Annual Real Estate Taxes 1,563.37 R00 0.60 0.00 0.00 1,563.37
_ _ _
_ _ _ I
Database: CEDARSHOPCTR Aged Delinquencies Page: 2
Report ID: CSC_CMAGEDEL Cedar Shopping Centers Date: 7!11/2012
Style: (a~ PENNSBORO COMMONS Time: 10:22 AM
ENTITY: 1285 Date: 7!11/2012
Invoice Date Category Source Amount Current 30 60 90 120
Grand Totat: 40,391.19 4,650.00 4,650.00 4,650.00 4,650.00 21,791.19
EXHIBIT "C"
_ _ _
• ~ 51 RLIN CALLOGLY 8 LESSER
~ A PROFESSIONAL CORPORATION
ATTORNEYS AT I1~W
"~N C. SIRLIN PHNNSYLVANIA OFP14E
'17MOTHY A. GALLQGLY 123 SouTl-i BROAD S7RI~ET
PETER A LESSER* suITE 1100
IOHN D. BENSON* PHILADELPHIA, PA 191b9
SUSAN J. KUPERSMITH*~ (215) 864-9700
DANA S. PLON* FAX (215) 864-9665
DOROTIiYANNE HAMILL*
LISA M. RUTENSURG** NEW JERSEY OFFICE
JERRY I. DREW Ioz BROwNINC LAN
KIERSTIN M. LANGE* BUILDING C
ADAM NACHMANI* CHERRY HILL, N) 0800
June 28, 2012 (BS6) 6x6-~QOO
FAX (856) 216-?4591
+PA 6. Nl BAR
••PA, Nl ~ MD
PERSONAL & CONFIDENTIAL
Gui H. Chen d/b/a
Dollar Surplus
2221 W. Market Street
Pottsville, PA 17901
Re: Cedar-Pennsboro LLC Gui H. Chen d/b/a Dollar Surplus
DEFAULT NOTICE
Our File No. 18880
Dear Mr. Chen:
Please be advised of our representation of your Landlord at Pennsbaro Commons. I havd
been advised by my client that you are in default of your Lease dated June 2, 2010 for failing to pa
rent and proper charges through the date hereof in the amount of $36,491.19 which includes leg
fees in the current amount of $750.00.,
This letter will serve as formal notice of default pursuant to Section 25 of the Lease. Unless
the arrearage is paid in full within five (5) days from the date of this letter, I have been instructed to
commence appropriate legal action you without further notice or delay. Judgment by Confession
will be entered seeking money damages in the principal amaunt of the debt plus interest, costs, late,
fees, accelerated rent through the remainder of the Lease term and/or possession of the premises
and additional attorney's fees. Execution will commence pursuant to the law.
~
SIRLIN GALLOGLY 8 LESSER, P. C.
-June 28, 2012
Page Two
Please avoid the expense and inconvenience of litigation and execution by making
immediate payment and by contacting me to discuss this matter.
Sincerely,
PETER A. LESSER
PAL/dp
Via Certified and Regular Mail
cc: Brenda Walker
Ronald Becker
i
Copy Also Sent To: Gui H. Chen d/b/a
Dollar Surplus
Pennsboro Commons
348 E. Penn Drive
Enola, PA 17025
IN THE COURT OF COMMON PLEAS O t`,~`~tgL=r2.L-AN~ COUNTY,
PENNSYLVANIA
Cedar-Pennsboro LP By Its Agent: Cedar
Realty Trust Partnership, L.P.
Port Washington, NY 11050
Gui H. Chen dlb/a Dollar Surplus NO.
346 E. Penn Drive, Enola PA 17025
236 NOTICE
NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS
BEEN ENTERED AGAINST YOU.
~~
~ 3~~ ~
PROTHONOTARY
IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTAC"T:
__~~
"`" _
Signature/ID Number
PETER A. LESSER, ESQUIRE
Print Name
123 S. Broad Street, Suite 2100
Address
~~w~~
Philadelphia PA 19109 ',
215 864 9700
Phone Number
(6/42)
~~~ ~
IN THE COURT OF COMMON PLEAS ~~ BE~~All9 ~j 'COUNTY, PENNSYLVANIA
Cedar-Pennsboro LP By Its Agent: Cedar
Realty Trust Partnership, L.P.
44 South Bavles Avenue
Port Washington, NY 11050
VS_ NO.
Gui H. Chen d/b/a Dollar Surplus
Pennsboro Commons, Store #12
346 E. Penn Drive.,Fnola PA 17075
NOTICE UNDER RULE 2973.3 OF JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
To: Gui H. Chen dba Dollar Surplus ,Defendant(s).
A judgment for possession of real property has been entered against you and in favor of the plaintiff
without prior notice and hearing based on a confession of judgment contained in a promissory note or other
document allegedly executed by you. The court has issued and the sheriff has served a writ of possession which
directs the sheriff to remove you from possession of die real property.
You may have legal rights to defeat the judgment or to prevent your being removed from the property or
to regain possession of the property if you have been removed, if you did not voluntarily, intelligently and
knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have
defenses or other valid objections to the judgment. ANY PETITION SEEKING RELIEF FROM THE
JUDGMENT AND TO REGAIN POSSESSION MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
If you have been removed from the property without notice or the opportunity for a hearing, you have a
right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your
rights to notice and hearing prior to the entry of judgment. If you wish to exercise this right, you must
inunediately fili out and sign the request for hearing which accompanies the writ of possession and deliver it to
the Sheriff of Cumberland County at: One Courthouse Square, Carlisle PA 17013
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYE
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT Ali~'ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-91.08
717 249 316E
CE
Attorney for Plaintiff
123 S. Broad St. Ste 2100 Phila PA
Address
21 5 864 9700
Telephone
(9/03) Page 4 of 8
Cedar-Pennsboro LP By Its Agent: Cedar
Realty Trust Partnership, L.P.
dd Knuth Ra,}las A~ieniia _
Port Washington, NY 11050
VS..
Gui H. Chen d/b/a Dollar Surplus
Pennsboro Commons, Store #12
346 E. Penn Drive, Enola PA 17025
NO.
NOTICE UNDER RULE 2958.3
OF JUDGMENT AND EXECUTION THEREON
Notice of Defendant=s Rights
Gui H. Chen d/b/a Dollar Surplus
To: ,Defendant(s).
A judgment in the amount of $~,(~S(. $~ has been entered against you and in favor of the
plaintiff without any prior notice or hea~~ing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you. The court has issued a writ of execution which
directs the sheriff to take your money or other property owned by you to pay the judgment.
If your money or property has been taken, you have the right to get the money or property back i
you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and
hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment.
You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently
and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish
to exercise this right, you must immediately fill out and sign the petition to strike the judgment which
accompanies the writ of execution and deliver it to the Sheriff of Cumberland
County at One Courthouse Square, Carlisle., PA 17013 .
IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR
PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR
TURNED OVER TO THE PLAINTIFF.
YOU' MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT 'I
A JUDGE WITHIN THIRTY.(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON
YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE 'THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYEI
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TOE GIBLE
PERSONS AT A REDUCED FEE OR NO FEE. /I /7
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
717 249 3166
123 S. Broad St. St. 2100 Phila R'A
215 864 9700
Telephone
IN THE COURT OF COMMON PLEAS OF c~~teE~LA~' COUNTY, PENNSYLVANIA
y for Plainti
(9/03} Page 4 of 9
SIRLIN GALLOGLY & LESSER, P.C.
123 South Broad Street, Suite 2100
Philadelphia, PA 19192
(215) 864-9700
By: Peter A. Lesser, Esquire
Identification No. 59433
CEDAR-PENNSBORO COMMONS LP
By Its Agent: Cedar Realty Trust
Partnership, L.P.
44 South Bayles Avenue
Port Washington, NY 11050
v.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
GUI H. CHEN d/b/a DOLLAR SURPLUS NO.
Pennsboro Commons, Store #12
346 E. Penn Drive
Enola, PA 17025
Notice of Defendant's Rights
To: GUI H. CHEN d/b/a DOLLAR SURPLUS
Pennsboro Commons, Store # 12
346 E. Penn Drive
Enola, PA 17025
A judgment in the amount of $46,651.81 has been entered against you and in favor
of the plaintiff without any prior notice or hearing based on a confession of judgment contained fn
a written agreement or other paper allegedly signed by you. The Court has issued a Writ of
Execution which directs the Sheriff to take your money or other property owned by you to pay tl~e
judgment.
In addition, a judgment for possession of real property has been entered agai I st
you and in favor of plaintiff without prior notice and hearing based on a confession of judgm nt
contained in a promissory note or other document allegedly executed by you. The court as
issued and the Sheriff has served a writ of possession which directs the Sheriff to remove ybu
from possession of the real estate.
You have the right to seek to Strike the judgment:
1. If you did not voluntarily, intelligently and knowingly give up your
constitutional right to notice and hearing prior to the entry of judgment or if you have defenses'~or
other valid objections to the judgment.
You have a right to a prompt court hearing if you claim that you did riot
voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the envy
of judgment. If you wish to exercise this right, you must immediately fill out and sign the petiti n
to strike judgment which is attached to this Notice. It should be then delivered to the Sheriff~f
Cumberland County at One Courthouse Square, Carlisle, PA 17013. ',
2. If you have been incorrectly identified as the defendant in this action,
should promptly do the following in order to strike the judgment. In addition, you may be enti
to recover from plaintiff reasonable attorneys' fees and costs if it is determined that you have I
incorrectly identified.
YOU MUST FILE A PETITION TO STRIKE THE JUDGMENT
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHI
THIS NOTICE IS SERVED ON YOLJ OR YOU MAY LOSE YOUR RIGHTS.
IT IS IMPORTANT THAT YOU ACT PROMPTLY.
YOLT SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
1-800-990-9108
717 249 3166
Peter A. Lesser, Esquire
Sirlin Gallogly & Lesser, P.C.
123 South Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700
2
IN THE COURT OF COMMON PLEAS OF .Gt1l4.~ '~ h~; `~ 'COUNTY, PENNSYLVANIA
Cedar-Pennsboro LP By Its Agent: Cedar
Realty Trust Partnership, L.P.
44 Smith Ra~c A~~ .,~o ..
Port Washington, NY 11050
VS.
Gui H. Chen d/b/a Dollar Surplus
Pennsboro Commons, Store #12
346 E. Penn Drive, Enola PA 17025
PETITION TO STRIKE JUDGMENT
NO.
REQUEST FOR PROMPT HEARING
I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice 'i
and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and
request a prompt hearing on this issue.. ',
I verify that the statements made in this Request for Hearing are true and correct, I understand ',
that false statements herein are made subject to the penalties of 18 Pa.C.S §4904 relating to unswom
falsification to authorities. ',
Notice of the hearing should be given to me at:
Dated:
Phone # ',
Address
Defendant(s):
(9/03) Page 5 of 8
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUME3ERL,AND)
NO 2012-4869 Civil
CIVIL ACTION-LAW
"f0 THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs clue CEDAR-PENNSBORO COMMONS, LP Plaintiff (s)
From GU[ H. CH EN U/B/A DOLLAR SURPLUS, PENNSBORO COMMONS, STORE #12, 346
E. PENN DRIVE, ENOLA, PA 17025
(1)You are directed to levy upon the property of the defendant (s)and to sell KINDLY LEVY UPON
ANY AND ALL FURNITURE FIXTURES EQUIPMENT INVENTORY AND ANY CASH IN THE
REGISTER .
(?j You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
METRO BANK, 1249 MARKET STREET, LEMOYNF,, PA 17043
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof:.
(3 j 1 f property of thc: defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due546,651.81
L.L. 5.50
Interest
Attv's Comm `%
Atty Paid $122.50
Plaintiff Paid
Due Prothy 52.25
Other Costs
Date: AUGUST 13, 2012
(Seal)
KEQUESTING PAR'T'Y:
Name : PETER A. LESSER, ESQUIRE
Address: SIRLIN, GALLOGLY & LESSER
123 S. BROAD STREET, SUITE 2100
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-864-9700
• ~-
David D. Buell, Prothonotary
v: _
Deputy- -~
Supreme Court ID No. 59433
'. try '~~Ll~(iV~~iV~~iS i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION ?~I2 AUG ! 3 APB ~ I : 05
PRAECIPE FOR WRIT OF EXECUTION
Cedar-Pennsboro Commons, LP ^/ Confessed Judgment
Plaintiff ^ Other /~ , I
V S. File No. ~Ot " 7 ~~
Gui H. Chen dba Dollar Surplus
Defendant
Address:
Pennsboro Commons, Store #12
346 E. Penn Drive
Enola, PA 17025
TO T'HE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland COllnty
County, for debt, interest and costs, upon the following described property of the defendant (s)
Gui H. Chen d/b/a Dollar Surplus
Pennsboro Commons, Store # 12
346 E. Penn Drive
Enola PA 17025
PRAECIPE FOR ATTACHMENT EXECUTION
Amount Due $46,651.81
Interest
~~'~~~~~ERl.AND AUNTY
~ ~.NNSYLYA~+11~
l~ - I/l ~ II,
Atty's Comm
Costs
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
Metro Bank, 1249 Market Street, Lemoyne, PA 17043
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(sj.
^ (Indicate) Index this writ against the garnishee (s) as a lis
defendant(s) described in the attached exhibit.
Date July 30, 2012 __ Signature:
G~~ .~~,oo ~ 4
~~ d ~ ~~
k~
~-. " y ~- a
4 `n T
a~. V"'
Print Name:
Address:
Attorney for:
Telephone:
pendens a 'ns real, the
Peter .Lesser, Esquire
123 S. Broad Street, Ste 2100
Philadelphia PA 19109
Plaintiff
215 864 9700
Supreme Court ID No:
~ a~ as ~'~ ~'.
~-. so '.~
~~# ~ 3~ 3l
~ a~9 a3`~
59433
~Jr,~ o~ ~ rss~.a~
IN TIE COURT OF COMMON PLEAS OF L'~..'f~ ~'~k"-LAht ~> COUNTY, PENNSYLVANIA
Cedar-Pennsboro LP By Its Agent: Cedar
Realty Trust Partnership, L.P.
44 South Bavles Avenue _
Port Washington, NY 11050
VS.
Gui H. Chen d/b/a Dollar Surplus
Pennsboro Commons, Store #12
346 E. Penn Drive, Enola PA 17025
NO.
PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue a writ of execution upon a judgment entered by confession. in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Gui H. Chen dba Dollar Surplus ,defendant and
(Name of Defendant)
(3) against Metro Bank ,garnishee
(Name of Garnishee)
(4) and index this writ
(a} against ,defendant
(Name of Defendant)
(Address of Defendant)
(b) against , as garnishee, as a
(Name of Garnishee)
lis pendens against real property of the defendant in name of garnishee as follows:
.(See attachedZ
(5) Amount due $ 54, LS/• ~
Interest from $
Attorney's fees** $ .
[Costs to be added]
**Where judgment has been entered under Rulc; 259I(a), attorney's fees may be included if they are authorir_ed in the
instrument and there has been a record appearance of counsel at any stage of the proceedings.
CERTIRICATION
I certify that:
(a} This Praecipe is based upon a judgment entered by confession, and
(Delete four of the follotiving paragraphs which are inapplicable)
(b once as een serve
(~) r
(d) Notice will be served with the writ of execution pursuant to Rule 2958.3
(e ~ with ~ rt' „ nn thic;,~dg~,rand p~Sn nt to Rule 29J8 4(bl
fu
se a petition to open or
for Plaintiff
123 S. Broad Street, Ste 2100, Phila Pa 1109
Address
215 864 9700
Telephone
(9/03) Page 1 of 9
Iuf?
WRIT OF POSSESSION (Ejectment Proceedings PRC'P3160-3165 etc.)
[N THE COURT OI~ COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CEDAR-PENNSBORO COMMONS, LP
VS.
No. 12-4869 Civil "berm
GUI L{. CHEN D/B/A DOLLAR SURPLUS
PENNSBORO COMMONS. STORE #12
346 E. PENN DRIVE
ENOL,A, PA 17025
Costs
Attorney's S 120.00
Plaintiffs $
Prothonotar}~ $ 2.25
COMMONWEAL"hH OF PENNSYLVANIA:
COUN~f'Y OF CUMBERLAND:
To the Sheriff of Cumberland County, Pemisylvania
(l) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
C}?DAR-PENNSI30R0 COMMONS, LP
being: (Premises as follows):
APPROXIMATELY 3,600 SQUARE FEET OF COMMERICAL SPACE LOCATED AT THE
PI;NNS130R0 COMMONS, 4STORE #]2, 346 E. PENN DRIVE, ENOLA, PA 17025
(2) To satisfy the costs againsr, the defendant (s) you are directed to levy upon any
property of the defendant (s) and sell his/her (or their) interest therein.
Date 8/ i 3/ 12
(Seal)
~,1 JQ~P.LI.IJL~ _~/t~~it ~ II
David D. Buell, Prothonotary,
Common Pleas Court of Cumberland Cou ~ PA ~~~
~,
~ ~,
? of 2
No 12-4869 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CEDAR-PENNSBOR.O COMMONS, LP
V S.
GUT H. CHEN D!B/A DOLLAR SURPLUS
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 120.00
Plff (s~ $ _
Prothy $ 2.25
Sheriff $
Plaintiff (s) attorney name and address:
PETER A. LESSER, ESQUIRF, - ID #59433
SIRLIN, GALLOGLY & LESSER.
123 S. BROAD STREET, SUITE 2100
PHILADELPHIA, PA 19109
215-864-9700
Attorney for Plaintiff (s)
By virtue of this writ, on the
named
appurtenances, and
Sworn and subscribed to before me this
Dav of
Prothonotary
Where papers may be served
day of• 1 caused the within
to have possession of the premises described with the
So Answers,
By
Sheriff
Deputy
IN THE COURT OF COMMON PLEAS OF ~ JM ~,~ u,t. ~ ~ ~. 'COUNTY, PENNSYLVANIA
Cedar-Pennsboro LP By Its Agent: Cedar
Realty Trust Partnership, L.P.
44 South Rgyles Avenyl?
Port Washington, NY 11050 Q
0~~1~(/,f ! ~.
STS No 1 a ~ `~ -~:..~ °'~'' --` ~-
.~~:: -~,
r*,t~ zs rv,. W
Gui H. Chen d/b/a Dollar Surplus ~~ ~
• ~' ~ ~~ ;
Pennsboro Commons, Store #12 .~{~" Wi "~~
.43 6 E- Ppnn Drive Fr~la PA 17f1~5 ~ C~ ~ -~~
~~ ~ p-r
~~~~C ~ rr•:
PRAECII'E FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMEN'1'~ ~
..~ ~ ~~
To the Prothonotary: ',
matter.
Issue writ of possession upon the judgment in ejectment entered by confession in the above
CERTIFICATION
I certify that:.
(1}This Praecipe is based upon a judgment entered by confession, and
(Delete three of the following paragraphs that are inapplicable)
('~1 i.r..a:,.o ..t 4n Rnla 7077 7 1,~~ ~ - -~' - - - ~' +1--- ~':1' f rl.id
J ~ J Y ~°'
P rvlce
(3) Notice pursuant to Rule 2973.3 will be served with the writ of possession.
~~1P 2~-7r~i~i+Q~f nn lrthPr nnfirP is rP~
. ion o open or stn e t e ~u 1
has not been~i3ed.
a
~2~-~~
1 ~o.
123 S. Broad St. Ste 2100 Phila PA
Address
215 864 9700
Telephone
8.85 eve.
(9/03} Page 1 of 8
c~~ ~~3a
2~~ ~~a~6
I
~~~~ ~
IN THE COURT OF COMMON PLEAS OF ~~ KgE2~aN p !COUNTY, PENNSYLVANIA
Cedar-Pennsboro LP By Its Agent: Cedar
Realty Trust Partnership, L.P.
_44 South j~,ayles Avenue
Port Washington, NY 11050
VS.
Gui H. Chen d/b/a Dollar Surplus
Pennsboro Commons, Store #12
34fi F_ Pann f)riva Fnnla PA 17r1~F
WRIT OF POSSESSION
NO.
COMMONW)/ALTII OF PENNSYLVANIA, COUNTY OF ' Cuh( BEF'-LpAT p
TO THE SHERIFF cuMBERLAND
OF COUNTY, PA.
(1) To Satisfy the judgment for possession in the above matter, you are directed to deliver
possession of the following described property to:
Cedar-Pennsboro LP By Its Agent: Cedar Realty Trust Partnership, L.P. 44 South Bayles Avenue
Port Washington, NY 11050 Plaintiff(s~
being: {Premises as follows): ',
Approximately 3,600 square feet of commercial space located at the Pennsboro Commons, 4Store #12, 346 E. Penny Drive,
Enola, PA 17025.
(2) To satisfy the costs against the defendant(s), you are directed to levy upon any property of ~,
the defendant(s) and sell his/her (or their) interest therein.
Gui H. Chen d/b/a Dollar Surplus
Pennsboro Commons, Store #12 I
346 E. Penn Drive
Enola PA 17025 '~
COSTS
Prothonotary: $
Sheriff'. $ Prothonotary
Deputy
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