EFTA01128061.pdf

186 - Apartment tease. LEASE AGREEMENT The Landlord and Tenant agree to lease the Apartment at the Rent and for the Term stated on these terms: LANDLORD: TENANT: Leon Black 00 Apollo Management LP Address for Notices 9 Wes 57th Street 43nd Floor New York NY 10019 Attention Melanie Spinella Apartment (and garden, if any) APT 03 AT 55 EAST 73 STREET, NEW YORK NY 10021 Lease date: 07/09/13 Term: 2 YEARS + IODAYS Yearly Rent: $57,600.00 Beginning: JULY 22, 2013 Monthly Rent: $4,800.00 Ending: JULY 31, 2015 Security: 54,800.00 Rider Additional terms on 4 pages (which includes a lease rider) signed at the end by the parties is attached and made a part of this Lease. 1. Use The Apartment must be used only as a private Apartment to live in and for no other reason. Only a party signing this Lease, Diana Howard and the spouse and children and of that party may use the Apartment, 2. Failure to give possession Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the Term. Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. Rent shall then be payable as of the date possession is available. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change. 3. Rent, added rent The rent payment for each month must be paid on the first day of that month at Landlord's address. Landlord need not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. The first month's rent is to be paid when Tenant signs this Lease Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be called "added rent" This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if Tenant failed to pay rent. Payment of rent in installments is for Tenant's convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments. The entire rent for the remaining part of the Term wilt then be due and payable. 4. Security Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all of the lams of this Lease, Landlord will return the Security after the Term ends. If Tenant does not fully comply with the terms of this Lease, Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells or leases the Building. Landlord may give the Security to the buyer or lessee. Tenant will look only to the buyer or lessee for the return of the Security. 5. Services Landlord will supply: (a) heat as required by law, and (b) hot and cold water for bathroom and kitchen sink. Stopping or reducing of service(s) will not be reason for Tenant to stop paying rent, to make a money claim or to claim eviction. Damage to the equipment or appliances supplied by Landlord caused by Tenant's act or neglect, may be repaired by Landlord at Tenant's expense. The repair cost will be added rent. Tenant must pay for all electric, gas, telephone and other utility services used in the Apartment and arrange for them with the public utility company. Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems, because of accident, emergency, repairs, or changes until the work is complete. If unable to supply any service because of labor trouble, Government order, lack of fuel supply or other cause not controlled by Landlord, Landlord is excused from supplying that service. Service shall resume when Landlord is able to supply it 6. Repairs Tenant must take good care of the Apartment and all equipment and fixtures In it. Tenant must, at Tenant's cost, make all repairs and replacements whenever the need results from Tenant's act or neglect If Tenant fails to make a needed repair or replacement, Landlord may do it. Landlord's expense will be added rent. 7. Alterations Tenant must obtain Landlord's prior written consent to install any paneling, flooring, "built in" decorations, partitions, railings or make alterations or to paint or wallpaper the apartment. Tenant must not change the plumbing, ventilating, air conditioning, electric or heating systems. If consent is given, the alterations and installations shall become the property of Landlord when completed and paid for, and shall remain with and as part of the Apartment at the end of the Term. Landlord has the right to demand that Tenant remove the alterations and installations before the end of the Term. The demand shall be by notice, given at least 15 days before the end of the Tenn. Landlord is not required to do or pay for any work unless stated in this Lease. 8. Fire, accident, defects, damage Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Apartment can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is unusable. If part of the Apartment can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable. Landlord need only repair the damaged structural parts of the Apartment. Landlord is not required to repair or replace any equipment, EFTA01128061  fixtures, furnishings or decorations unless originally installed by Landlord. Landlord is not responsible for delays due to settling ' claims, obtaining estimates, labor and supply problems insurance or any other cause not fully under Landlord's control. If the caused by an act or neglect of Tenant or guest of Tenant, or fire or other casualty is at the time of the fire or casualty Tenant is in default in any then all repairs will be made at Tenant's expense and Tenant term of this Lease, must pay the full rent with no adjustment. The cost of the repairs rent. Landlord has the right to demolish or rebuild the Building if will be added there is substantial damage by fire or other casualty. Even if the is not damaged, Landlord may cancel this Lease within 30 Apartment days after the fire or casualty by giving Tenant notice of Landlo demolish or rebuild. The Lease will end 30 days after Landlo rd's intention to rd's cancellation notice to Tenant Tenant must deliver the Landlord on or before the cancellation date in the notice and pay Apartment to all rent due to the date of the fire or casualty. If the Lease Landlord is not required to repair the Apartment or Building. is cancelled 9. Liability Landlord is not liable for loss, expense, or damage to any person for damages suffered and money spent by Landlord relating to any or property, unless due to Landlord's negligence. Tenant must claim arising from any act or neglect of Tenant Tenant pay all acts of Tenant's family, employees, guests or invitees. is responsible for 10. Landlord may enter Landlord may at reasonable times, enter the Apartment to examine, to make repairs or alterations, and to show it to possible lenders or tenants. buyers, 11. Assignment and sublease Tenant must not assign this Lease or sublet all or part of the Apartment or permit any other person to use the Apartment. If does, Landlord has the right to cancel the Lease as stated in the Defaul Tenant t section. 12. Subordination This Lease and Tenant's rights, are subject and subordinate to all present and future: (a) leases for the Building or the which it stands, (b) mortgages on the leases or the Building or land, land on (c) agreements securing money paid or to be paid by a lender, terms, conditions, renewals, changes of any kind and extensi and (d) ons of the mortgages or leases or Lender agreements. Tenant execute any certificate(s) that Landlord requests to show that this must promptly Lease is so subject and subordinate. Tenant authorizes Landlord these catificate(s) for Tenant. to sip 13. Condemnation If all of the Apartment or Building is taken or condemned by a legal the authority takes title to the Apartment or Building. If any authority, the Term, and Tenant's rights shall end as of the date part of the Apartment or Building is taken, Landlord may cancel notice to Tenant. The notice shall set a cancellation date not less this Lease on than 30 days from the date of the notice. If the Lease is cancell must deliver the Apartment to Landlord on the cancellation ed, Tenant date together with all rent due to that date. The entire award belongs to Landlord. Tenant gives Landlord any interest Tenant for any taking may have to any pan of the award. Tenant shall make no claim of the remaining part of the Term. for the value 14. Tenant's duty to obey laws and regulations Tenant must, at Tenant's expense, promptly comply with authorities, Landlord's insurers, Board of Fire Underwriters, all laws, orders, rules, requests, and directions, of all governmental or similar groups. Tenant may not do anything which may insurance premiums. If Tenant does, Tenant must pay the increase as added increase Landlord's rent 15. Tenant's defaults and Landlord's remedies A. Landlord may give 5 days written notice to Tenant to correct any of the following defaults: 1. Failure to pay rent or added rent on time. 2. Improper assignment of the Lease, improper subletting all or part of the Apartment. 3. Improper conduct by Tenant or other occupant of the Apartm ent. 4. Failure to fully perform any other term in the Lease. B. If Tenant fails to correct the defaults in section A. within the 5 day; Landlord may cancel the Lease by giving Tenant a written 3 day notice stating the date the Term will end. On that date the Term and Tenant's rights in this Lease automatically end and leave the Apartment and give Landlord the keys. Tenant continues Tenant must to be responsible for rent, expenses, damages and losses. C If the Lease is cancelled, or rent or added rent is not paid on time, in addition to other remedies take any of the following steps: or Tenant vacates the Apartment, Landlord may I. Enter the Apartment and remove Tenant and any person or propert y; 2. Use dispossess, eviction or other lawsuit method to take back D. If the Lease is ended or Landlord takes back the Apartm the Apartm ent. ent, rent and added rent for the unexpired Term becomes due payable. Landlord may re-rent the Apartment and any thing and in it for any Term. Landlord may re-rent for a lower rent and give the new Tenant. Tenant shall be responsible for Landlord's allowances to cost of re-renting. Landlord's cost shall include the cost of broker's fees, attorney's fees, advertising and preparation for renting repairs, decoration; . Tenant shall continue to be responsible for rent, expenses, damage losses. Any rent received from the re-renting shall be applied to the s and reduction of money Tenant owes. Tenant waives all rights to return Apartment after possession is given to the Landlord by a Court. to the 16. Waiver of jury, counterclaim, set off Landlord and Tenant waive trial by a jury in any matter which comes for a personal injury or property damage claim). In a proceeding up between the panics under or because of this Lease (excep to get possession of the Apartment, Tenant shall not have the t counterclaim or set off right to make a 17. Notices Any bill, statement or notice must be in writing. If to Tenant , it must be delivered or mailed to the Tenant at the Apartm Landlord it must be mailed to Landlord's address. It will be ent If to considered delivered on the day mailed or if not mailed, when left address. A notice must be sent by certified mail. Landlord must send at the proper a written notice to Tenant if Landlord's address is changed. IS. No waiver, illegality Landlord's acceptance of rent or failure to enforce any term this Lease is illegal, the rest of this lease remains in full force. in this Lease is not a waiver of any of Landlord's rights. If a term in 19. Bankruptcy, insolvency If (1) Tenant assigns property for the benefit of creditors, (2) Tenant files a voluntary petition or an involuntary petition against Tenant under any bankruptcy or insolvency law, or (3) is filed a trustee or receiver of Tenant or Tenant's property is appoint ed, Landlord Lim EFTA01128062  may give Tenant 30 days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the 30 days, the ' Term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses without offset. 20. Rules Tenant must comply with Landlord's Rules. Notice of Rules will be posted or given to Tenant. Landlord need not enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates the Rules. Tenant receives no rights under the Rules, 21. Representations Tenant has read this Lease. All promises made by the Landlord are in this Lease. There arc no others. 22. Landlord unable to perform If due to labor trouble, government order, lack of supply. Tenant's act or neglect, or any other cause not hilly within Landlord's reasonable control Landlord is delayed or unable to (a) carry out any of the Landlord's promises or agreements, (b) supply any service to be supplied, (c) make any required repair or change in the Apartment or Building, or (d) supply any equipment or appliances, this Lease shall not be ended or Tenant's obligations affected. 23. End of term At the end of the Term. Tenant must: leave the Apartment clean and in good condition, subject to ordinary wear and tear; remove all of Tenant's property and all Tenant's installations and decorations: repair all damages to the Apartment and Building caused by moving; and restore the Apartment to its condition at the beginning of the Term. 24. Spate "as is" Tenant has inspected the Apartment and Building. Tenant states they arc in good order and repair and takes the Apartment "as is." 25. Quiet enjoyment and habitability Subject to the terms of this Lease, as long as Tenant is not in default Tenant may peaceably and quietly have, hold, and enjoy the Apartment for the Term. Landlord states that the Apartment and Building are fit for human living and there is no condition dangerous to health, life or safety. 26. Landlord's consent If Tenant requires Landlord's consent to any act and such consent is not given. Tenant's only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because such consent was not given. 27. Legal Fees The successful party in a legal action or proceeding between Landlord and Tenant for non-payment of rent or recovey of possession of the Apartment may recover reasonable legal fees and costs from the other party. 28. Lease binding on This Lease is binding on Landlord and Tenant and those that lawfully succeed to their rights or take their place. 29. Landlord Landlord means the owner, or the lessee of the Building, or a lender in possession. Landlord's obligations end when landlord's interest in the Building is transferred. Any acts Landlord may do may be performed by Landlord's agent or employees. 30. Paragraph, headings The Paragraph headings are for convenience only. 31. Changes This Lease may be changed only by an agreement in writing signed by and delivered toeach party. 32. Effective date This Lease is effective when Landlord delivers to Tenant a copy signed by all parties. 33. TENANT(s) HAVE THE OPTION TO RENEW THE LEASE SUBJECT TO TENANTS COMPLIANCE WITH THE TERMS OF THE LEASE AND SUBJECT TO AN AGREED RENT AND TERM OF LEASE. TENANT(S) SHALL NOTIFY LANDLORD IN WRITING AT LEAST 3 MONTHS PRIOR TO LEASE EXPIRATION, OF THEIR INTENT TO RENEW. Signatures Landlord and Tenant have signed this Lease as of the date at the top. LANDLORD: TENANT: , WITNESS: EFTA01128063  RIDER TO LEASE LEASE DATE: July 9, 2013 LEASE TERM: 7/22/13 -7/31115 LANDLORD: TENANT(S): LEON BLACK PREMISES: 55 East 73 Street, Apt #3, New York NY 10021 A. Subletting or taking in boarders is not permitted. Only a party signing this Lease and his/her children shall occupy the apartment. No other party shall have a set of keys without prior landlord consent. B. Rent is to be paid within 3 days of the due date of each month. Any action taken by Landlord for the collection of past due rent, including any costs incurred for same, shall be paid by Tenant as additional rent. An additional charge of $25.00 will be assessed if rent is paid after the tenth of the month. C. It is understood and agreed that the security deposit will not and cannot be used by tenant for payment of final month's rent. The security deposit shall be returned to the Tenant when the apartment is vacated, broom cleaned, inspected and all keys are returned to the Landlord. D. Within a reasonable time prior to occupancy, Tenant shall have utilities (gas and electric) converted to their name. Tenant is responsible for any gas or electric usage during the tenancy. E. Landlord has supplied one gas cooktop, one electric oven, one refrigerator, and one dishwasher. Air conditioners left in the apartment upon occupancy do not belong to the Landlord. They can be used by tenants at their discretion, but tenants will be responsible for repair or replacement. F. Locks are not to be changed by Tenant without Landlord's permission. A duplicate key is to be given to the landlord for use in an emergency. Tenant is responsible for any lock changing costs. G. Waterbeds and/or any water-filled furniture are not permitted. H. Pets are not permitted except by written permission of landlord. I. Tenant will notify Landlord 60 days prior to the expiration of this Lease as to their intentions to renew this Lease or vacate the apartment. Notice must be in writing, addressed to the Landlord. If Tenant is vacating the apartment, Landlord shall have the right to show the apartment to any prospective Tenants, during reasonable hours, Monday through Sunday. Landlord may authorize his Agent to conduct viewings of the apartment to prospective Tenants. J. Tenant agrees to adhere to all local recycling laws, and understands that if landlord receives a fine due to their improper disposal of garbage or recyclables, that they will be responsible for paying the fine. Landlord .2n7;/Z27 Landlord Tenant EFTA01128064  Page I of I APPENDIX A Re: Apartment: Building: 440 East 62nd Soul WINDOW GUARDS REQUIRED LEASE NOTICE TO TENANT or OCCUPANT You are required by law to have window guards installed if chid 10 years of age or younger lives In your apartment. Your Landlord Is required by law to install window guards in your apartment. ire If you ask him to put in window guards at any time (you need not give a reason). OR + If a child 10 years of age or younger lives in your apartment IT IS A VIOLATION OF LAW to refuse, interfere with installation, or remove window guards where required. CHECK ONE: lE1 HILDREN 10 YEARS OF AGE OR YOUNGER LIVE IN MY APARTMENT & NO CHILDREN 10 YEARS OF AGE OR YOUNGER LIVE IN MY APARTMENT I I WANT WINDOW GUARDS IN MY APARTMENT EVEN THOUGH I HAVE NO CHILDREN 10 YEARS OR YOUNGER IN MY APARTMENT. j_ e_ONIN LA TENANT (PRI TENA (PRINT AND SIGN) FOR FURTHER INFORMATION CALL Window Falls Prevention Program New York City Department of Health 125 Worth Street Room 222 A New York, New York 10013 (212) 566 - 8082 https://doca.google.corn/viewer?attid=0.1&pid=gmail&thid=13f3b5f5e8a9d9abecurl=https... 7/9/2013 EFTA01128065  Disclosure of information on Lead Based Paint And/or Lead Based Paint Hazards (Leases) LEblp_WARNING STATEMENT Agent's Acknowledgement (Please below) _ Agent has Informed the lessor of the Lessor's obligations under 42 U.S.0 48520 and is aware of his/her responsibility to ensure compliance. ggijIMARQUES2028,2y The following parties have reviewed the infomiatian above and certify. to the best of their knowledge that the information they have provided is true and accurate Lent; Sig:mire - 5.5..ltaataird_St-taet_LLC Print Name Date Leon Black 3.- ft -9 Print Nene. .. Dale Elie Ellen Agent Signature Print Name Dale . _ ......._......._._.. ... NOTE: The use of this form and the preparation of its contents may have significant togal consequences. Consult your attorney as to the proper use arid preparation of this fonn. Retain this record and copies of all documents I to which it refers for at least three years. i I EFTA01128066  - - -- State of New York Division of Housing and Community Renewal Office of Rent Administration Web Site: www.nysdhcr.gov NOTICE TO TENANT DISCLOSURE OF BEDBUG INFESTATION HISTORY Pursuant to the NYC Housing Maintenance Code, an ovmer/managing agent of residential rental property shall furnish to each tenant signing a vacancy lease a notice that sets forth the property's bedbug infestation history. Name of tenant(s): Leon Black Subject Premises: 55 East 73rd Street S 3 Nev York NY 10065 Apt. #: 3 Date of vacancy lease: July 22, 2013 BEDBUG INFESTATION HISTORY (Only boxes checked apply) bj There is no history of any bedbug infestation within the past year in the building or in any apartment. ( 1 During the past year the building had a bedbug infestation history that has been the subject of eradication measures. The location of the infestation was on the floor(s). During the past year the building had a bedbug infestation history on the floor(s) and it has not been the subject of eradication measures. [ ] During the past year the apartment had a bedbug infestation history and eradication measures were employed. l 1 During the past year the apartment had a bedbug infestation history and eradication measures were not employed. j Other: Signature of Tenant(s): Dated: 7 — ir-() Signature of Owner/Managing Agent: Dated: Imin.P, (9/10) EFTA01128067  Disclosure of Information on Lead Base Pain d t And/or Lead Based Paint Hazards (Leases) l-EAD WARNING ,TATEMENT Housing built before 1978 may contain lead-based paint. Lead from paint chips and dust curl pose health hazards d not managed properly. Load exposure is especially harmful In young children and preg nant women. Before renting pre-1978 housing, lessors must disclose The presence of know hazards in the dwelling Lessees n lead based paint and/or lead based paint must also receive a federally approved pamphlet on lead poisoning Lessor's Disclosure (a) Presence of lead based pain t and/or lead based paint hazards (check (I) or (Ii) below-. (3 (I) Known lead based paint and/or lead based paint hazards are present in the housing. (Explain below. If trio spac e provided is not adequate, attach additional sheets). (10 Lessor has no knowledg e of lead based paint and/or lead based paint hazards in the housing. (b) Records and reports available to the Lessor (check (i) or (ii) below (0 Lessor has provided the Lessee with all available records and reports pertaining to lead based paint and/or lead base d paint hazards in the housing. (List documents below). ea•M••••• • • ID (ii) Lessor has no reports or records pertaining to lead based paint and/or lead based paint hazards in the hous ing. Lessee s Acknowledgement (Plea se initial one below) Lessee has received copies of all information listed above. Lessee has received the pamphlet 'Prot Your Homes. ect Your Family from I ead in EFTA01128068