Filing # 195619511 E-Filed 04/05/2024 05:21:11 PM
`
`KIMCO REALTY OP, LLC
`
`CASE NO.
`
`IN THE CIRCUIT COURT OF THE 9TH
`JUDICIAL CIRCUIT IN AND FOR
`ORANGE COUNTY, FLORIDA
`
`Plaintiff,
`
`v.
`
`TEJVI LASH INC.,
`SURESH K. VANUKURU
`AND TOMER TAGGART
`
`Defendants.
`
`/
`
`COMPLAINT FOR COMMERCIAL
`
`TENANT EVICTION AND FOR DAMAGES FOR
`
`BREACH OF CONTRACT AND BREACH OF GUARANTY
`
`Plaintiff Kimco Realty OP, LLC ("Landlord") hereby sues Defendants Tejvi Lash Inc.
`(Tenant") and Suresh K. Vanukuru (Guarantor") and Tomer Taggart ("Guarantor"), and avers
`
`that:
`
`1.
`
`This is an action for commercial
`
`tenant eviction and for damages greater than
`$50,000.00 for breach of contract and breach of guaranty against
`
`the Defendants relating to a
`
`commercial lease entered for real property located in Orange County, Florida.
`Kimco Realty OP, LLC is a Delaware limited liability company, and the owner and
`
`2.
`
`Landlord of the property at issue in this matter, doing business in Orange County, Florida.
`
`3.
`
`Defendant Tejvi Lash Inc. is a North Carolina corporation doing business in Orange
`County, Florida.
`
`4.
`
`Defendant Suresh K. Vanukuru is a resident of Wake County, North Carolina,
`transacting business in Orange County, Florida at the Property under the name Amazing Lash Studio.
`
`

`

`5.
`
`Defendant Tomer Taggart is a resident of Orange County, Florida,
`
`transacting
`
`business in Orange County, Florida at the Property under the name Amazing Lash Studio.
`Jurisdiction and venue are proper in this Court pursuant to Fl. St. 47.011.
`Plaintiff is the Landlord of the premises located at 8015 Turkey lake Road, Suite 600,
`
`6.
`
`7.
`
`Orlando, FL 32819 ("Property")
`Tenant is in possession of the Property pursuant to a written Lease Contract between
`
`8.
`
`Weingarten Realty Investors and Lash DP LLC, dated November 30, 2016, which was subsequently
`to a Lease Assignment & Assumption dated March 31, 2021,
`
`assigned to Tenant pursuant
`(collectively, the "Lease). A true copy of the Lease is attached hereto as Exhibit A.
`
`9.
`
`As of August 3, 2021, Weingarten Realty Investors merged into Kimco Realty
`Corporation. All of the rights and interests in the Property were
`transferred to Kimco Realty
`
`in interest, by
`Corporation. As of January 3, 2023, Kimco Realty OP, LLC became the successor
`merger, to Kimco Realty Corporation. True copies of documents evidencing the above are attached
`
`hereto as Exhibit B.
`
`10.
`
`Tenant failed to pay total rental amounts accrued and due on the Property under the
`
`Lease through March 2024.
`
`11.
`
`Consequently, pursuant to the default provisions of the Lease, on or about March 15,
`to be served with a Notice for Default (the "Default Notice),
`2024, Landlord caused Tenant
`
`requiring Tenants to pay the outstanding rental amounts due at that time or deliver possession of the
`
`Property within ten (10) days thereof. A true copy of the Default Notice is attached hereto as Exhibit
`
`12.
`
`To date, Tenant has failed to either pay the full amount due as of the Default Notice
`or deliver possession of the Property to Landlord. Consequently, Tenant is in default of the Lease.
`
`2
`
`

`

`COUNT I — COMMERCIAL
`
`TENANT EVICTION
`
`13.
`
`14.
`
`Plaintiff realleges the matters set forth in paragraphs 1-12.
`Pursuant to the default provisions of the Lease and Florida Statutes sections 83.20
`
`and 83.21, Landlord is entitled to recover possession of the Property.
`
`15.
`
`Landlord is entitled to invoke the summary procedure authorized pursuant to Florida
`
`Statutes sections 83.21 and 51.011.
`
`16.
`
`As of the date of this pleading, Tenant owes Landlord $41,662.31 in past due rent,
`but exclusive of interest, costs and attorneysfees.
`
`17.
`
`Pursuant to Florida Statutes section 83.232, the Tenant shall, on or before the date on
`
`which the answer
`
`to the claim for possession is due, deposit into the Registry of the Court the amount
`of rent alleged in the Complaint as unpaid.
`
`18.
`
`Landlord has retained the law firm of Shuham & Shuham, P.A. to represent it in this
`action and has agreed to pay its counsel a reasonable fee for services herein, together with all costs
`
`and expenses of this action.
`
`19.
`
`Pursuant to the Lease, Landlord is entitled to an award of its attorneys' fees and costs,
`and any additional expense incurred or to be incurred by the Landlord as a result of Tenant's breach
`
`of the Lease.
`
`20.
`
`All conditions precedent to the institution of this action, if any, have been satisfied,
`
`discharged or waived.
`
`for possession of
`WHEREFORE, Plaintiff Landlord demands judgment
`against Defendant Tenant and all others in possession of
`the Property, along with a Writ of
`
`the Property
`
`Possession, costs and attorneys' fees incurred in this action, and for such other and further relief as
`
`this Court may deem necessary and appropriate.
`
`3
`
`

`

`COUNT II — BREACH OF CONTRACT BY TENANT
`
`21.
`
`Plaintiff realleges the matters set forth in paragraphs 1-12.
`As of the date of this pleading, Tenants owe Landlord $41,662.31 in past due rent
`under the terms of the Lease. Tenant remains liable to Landlord pursuant to the terms of the Lease.
`
`22.
`
`Landlord shall proceed under Article XV of the Lease for all rent and other indebtedness, greater
`than $50,000.00, through the April 30, 2027 end of the Lease.
`
`23.
`
`Plaintiff has made demand for payment from Defendants and they have failed to
`
`make such payment.
`All conditions precedent to the relief demanded in the Court have been performed or
`
`24.
`
`have occurred.
`
`25.
`
`As a direct and proximate result of the Defendantsactions, the Plaintiff has retained
`
`Shuham & Shuham, P.A. to represent it in this suit and has agreed to pay Shuham & Shuham, P.A.
`a reasonable fee for its services in the prosecution of this action. The Lease provides for the recovery
`
`of attorneys' fees by the Landlord in any litigation.
`
`WHEREFORE, Plaintiff Kimco Realty OP, LLC demands judgment against Defendant Tejvi
`Lash Inc. for money damages, plus post-judgment interest, attorneys' fees and costs and such other
`
`and further relief as this Court may deem appropriate.
`
`COUNT III
`
`— BREACH OF GUARANTY OF SURESH K. VANUKURU
`
`26.
`
`Plaintiff realleges the matters set forth in paragraphs 1-12.
`
`27.
`
`As of the date of this pleading, Tenant owes Landlord $41,662.31 in past due rent
`under the terms of the Lease. Tenant remains liable to the Landlord pursuant to the terms of the
`
`Lease. Landlord shall proceed under Article XV of the Lease for all rent and other indebtedness,
`greater than $50,000.00, through the April 30, 2027 end of the Lease.
`
`4
`
`

`

`28.
`
`Suresh K. Vanukuru executed a Guaranty, attached hereto as Exhibit "D" of this
`
`Complaint, for all amounts due to Landlord under the Lease.
`Suresh K. Vanukuru is indebted to Plaintiff
`for all obligations of the co-Defendant
`
`29.
`
`Tenant
`
`to date, as well as all damages to be assessed through the term of the Lease, including
`
`attorneysfees and costs.
`
`30.
`
`Demand has been made to the Defendants in the attached Exhibit "C" of
`
`the
`
`Complaint. No payment has been made by the Defendants to date on those demands.
`As a direct and proximate result of the Defendants' actions, the Plaintiff has retained
`
`31.
`
`Shuham & Shuham, P.A. to represent it in this suit and has agreed to pay Shuham & Shuham, P.A.
`
`a reasonable fee for its services in the prosecution of this action. The Guaranty provides for the
`recovery of attorneys' fees by the Plaintiff in any litigation.
`
`WHEREFORE, Plaintiff Kimco Realty OP, LLC demands judgment against Defendant
`Suresh K. Vanukuru for money damages, plus post-judgment interest, attorneys' fees and costs and
`such other and further relief as this Court may deem appropriate.
`
`COUNT IV — BREACH OF GUARANTY OF TOMER TAGGART
`
`32.
`
`Plaintiff realleges the matters set forth in paragraphs 1-12.
`
`33.
`
`As of the date of this pleading, Tenant owes Landlord $41,662.31 in past due rent
`under the terms of the Lease. Tenant remains liable to the Landlord pursuant to the terms of the
`Lease. Landlord shall proceed under Article XV of the Lease for all rent and other indebtedness,
`
`greater than $50,000.00, through the April 30, 2027 end of the Lease.
`Tomer Taggart executed a Guaranty, attached hereto as Exhibit
`
`34.
`
`"F' of
`
`this
`
`Complaint, for all amounts due to Landlord under the Lease.
`
`5
`
`

`

`35.
`
`Tomer Taggart is indebted to Plaintiff for all obligations of the co-Defendant Tenant
`
`to date, as well as all damages to be assessed through the term of the Lease, including attorneysfees
`
`and costs.
`
`36.
`
`Demand has been made to the Defendants in the attached Exhibit "C" of
`
`the
`
`Complaint. No payment has been made by the Defendants to date on those demands.
`As a direct and proximate result of the Defendants actions, the Plaintiff has retained
`
`37.
`
`Shuham & Shuham, P.A. to represent it in this suit and has agreed to pay Shuham & Shuham, P.A.
`a reasonable fee for its services in the prosecution of this action. The Guaranty provides for the
`recovery of attorneys' fees by the Plaintiff in any litigation.
`
`WHEREFORE, Plaintiff Kimco Realty OP, LLC demands judgment against Defendant
`Tomer Taggart for money damages, plus post-judgment interest, attorneys' fees and costs and such
`
`other and further relief as this Court may deem appropriate.
`
`Dated: April 5, 2024
`
`Respectfully submitted,
`Shuham & Shuham, P.A.
`Attorneys for Plaintiff
`2455 Hollywood Boulevard
`Hollywood, FL 33020
`Tel:
`(954) 370-9550
`marty@shuham.com
`NaiLf.af, Sizzia.M.
`Martin J. Shuham
`Florida Bar No. 0105317
`
`By:
`
`6
`
`

`

`n.)
`
`o
`
`AE/11/KI
`10/31/16
`11/17/16
`11/23/16
`
`2008SF-NPR
`
`T - 20568
`
`T I
`
`LE SE CONT
`
`"Tenant"
`entered into by and between
`"Landlord'' and
`accordance with the tcrms and conditions hereinafter sct forth.
`
`on
`
`this the
`
`X-Y*day of
`
`LEASE CONTRACT
`
`WITNESSETH:
`
`ARTICLE I. BASIC PROVISIONS AND CERTAIN DEFINED TERMS
`
`Whcn used herein, the following terms shall have thc indicated meanings:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`"LANDLORD": Weingarten Realty Investors
`"NOTICE ADDRESS": P.O. Box 924133, Houston, TX 77292-4133, Attn: General Counsel
`"TENANT": Lash DP LLC
`"TENANT'S TRADE NAME" (d/b/a): Amazing lash Studio
`"NOTICE ADDRESS% 926 Aragon Avenue, Winter Park. FL 32789, Attn: Tomer Taggart
`With a copv
`of all default notices to: Amazing Lash Studio Franchise, LLC, 9383 E. Bahia Drive, Suite 100, Scottsdale,
`AZ 85260, Attn: Franchisc Lcasing
`
`•
`
`"GUARANTOW: Tomer Taggart and Anat Taggart
`Address: 926 Aragon Avenue, Winter Park, FL 32789
`"LEASED PREMISES": Approximately 1,769 square feet constituting part of the Shopping Center as shown on Exhibit '
`"A"..
`
`LEASE TERM:
`(i) ninety (90) days following thc date upon which Tenant receives all
`"COMMENCEMENT DATE":
`Earlier of:
`necessary permits and approvals to operatc thc Leased Premises for the "Pcrmitted Use (as defined in Article 1.8 hereof)
`the "Permits"); or (ii) the date upon which Tenant opens for business in the Leased
`(for purposes of this Article 1.5,
`the Commencement Date be later than one hundred fifty (150) days
`shall
`in no event
`Premises; provided, however,
`following thc execution date hereof. Tenant hcrcby acknowledges and agrees that: (i) Tenant shall apply for the Permits
`the Condition.of Lease as set forth in Section 25.01 hereof, and
`within ten (10) business days following the satisfaction of
`(ii) if the Permits has/have bccn issued by thc relevant licensing authority or
`the Permits is/arc available for
`issuance to
`the Permits.
`Tcnant, Tenant shall be deemed to have "rcceivecr
`"TERMINATION DATE":
`last day of the 1206 full calendar month aftcr the Commencement Date. Notwithstanding
`the Lease Tcrm for five (5)
`anything to the contrary contained in the foregoing, Tenant shall have two
`(2) options to renew
`years each as sct forth in the Option Rider attached hereto and made a part hereof.
`"MINIMUM RENT":
`Lease Years I
`$6,191.50 per month
`5:
`$6,810.65 per month
`Lease Years 6 — 10:
`
`—
`
`"PERCENTAGE RENT": N/A
`
`Primarily for the purpose of an eyelash studio providing eyelash extensions and refills; eye
`"PERMITTED USE:
`cnhancing services, including eyebrow and eyelash tinting and eyelash perming; permanent eye makeup; hair extensions;
`forth herein.
`in any way expanding the Permitted Use as set
`and other retail sales directly related to Tenant's use. Without
`in no event shall Tenant provide facial and/or body waxing services, or body
`Tenant hereby acknowledges and agrees that
`hair removal services.
`
`"SECURITY DEPOSIT": $15,31933; of which $7,350.19 shall be applied to the first month's Minimum Rent and
`additional chargcs.
`ADDITIONAL CHARGES (Except Water Costs, Additional Chargcs shall commence
`on the "Commencement Date" as
`on the date upon which Landlord tenders possession of the
`defined in Paragraph 5 above. Water Costs shall commence
`Leased Premises to Tenant):
`"TAX PAYMENT":
`"COMMON AREA PAYMENT": $707.60/month
`$355.27/month
`"WATER COSTS":
`"INSURANCE PAYMENT:
`$ 40.00/month
`$ 95.82/month
`"RENT SALES TAX": To be determined (not otherwise included in any of
`the foregoing amounts for Minimum Rent or
`Additional Charges)
`
`•
`
`THE SUBMISSION OF THIS LEASE FOR EXAMINATION BY TENANT AND/OR EXECUTION THEREOF BY TENANT
`DOES NOT CONSTITUTE A RESERVATION OF OR OPTION FOR THE LEASED PREMISES AND THIS LEASE SHALL
`BECOME EFFECTIVE ONLY UPON EXECUTION BY ALL PARTIES HERETO AND DELIVERY OF A FULLY
`EXECUTED COUNTERPART HEREOF BY LANDLORD TO TENANT.
`
`EXHIBIT A
`
`

`

`tc
`
`o
`
`20085E-NPR
`
`ARTICLE II
`
`- PREMISES
`
`SECTION 2.01. Landlord hereby leases to Tcnant, and Tenant hereby leases from Landlord the Leased Prcmiscs which shall
`the Leased Premises on Exhibit "A", attached
`a building situated substantially in the location identified as
`be a portion of
`hereto and made a part hereof for all purposes, such building being constructcd on part of the tract of properly described in
`(as may bc reduced
`Exhibit "B", attached hereto and made a part hcrcof for all purposes. Thc land described in Exhibit "B"
`futurc buildings, parking arca, sidewalks, service areas
`increased from time to timc) and any existing and/or
`or other
`or
`improvements now existing or hereafter erected thereon arc sometimes herein referred to as the "Shopping Center. Landlord
`the Leased Premises pipes, wircs and lines serving other areas of
`to place undcr or
`thc Shopping
`the right
`reserves
`over
`Center provided Landlord's right to place such pipes, wires and lines is exercised in a manner which does not unreasonably
`interfere with Tenant's business.
`
`SECTION 2.02. In determining thc floor arca of the Leased Premises, distances shall bc measured from the exterior face of
`all exterior walls and the center of all partition walls, which separate the Leased Premises from any interior arca. Walls
`separating thc Leased Premises from a mall and corridor walls shall be deemed to be exterior walls of the Leased Premises.
`SECTION 2.03. Thc Leased Premises shall be constructcd in accordance with the Construction Ridcr attached hereto and
`incorporated by reference herein for all purposes.
`
`ARTICLE
`
`III
`
`- TERM
`
`on thc Commencement Date and shall terminate
`this Lease (the "Lease Term") shall commence
`SECTION 3.01. The term of
`forth. At
`terminated in accordance with the terms and conditions hereinafter sct
`the
`on the Termination Date, unless sooner
`request of Landlord from time to time made, Tenant will cxccutc
`stating thc
`or morc memoranda or
`letters
`one
`commencement and termination dates of thc Lease.
`
`this
`at a date subsequent to the execution of
`SECTION 3.02. Notwithstanding thc fact that the Lease Term will
`commence
`instrument by Landlord and Tenant, such parties intend that each shall have vested rights immediately upon the signing of
`this instrument and that this instrument shall be fully binding and in full forcc and effect from and after execution hereof by
`Landlord and Tenant.
`
`the period which commences
`SECTION 3.03. The term "Lease Year" shall, in the casc of the first Lease Year, mean
`with the
`Commencement Date and terminates on thc last day of the twelfth (12th) full calendar month after the Commencement Date.
`If the Commencement Datc is not
`the first day of a calendar month, the first Lease Year shall
`include the partial month, if
`the beginning of the Lease Tcrm.
`Each subsequent Lease Year shall mean
`full calendar
`a period of twelve (12)
`any, at
`months commcncing with the datc following the last day of thc first Lease Year, and commencing with each subsequent
`annual anniversary of such day. The last Lease Year of thc Lease Term shall be the period which commences
`on the day
`the Lease Term.
`the last day of
`thc preceding Lease Year and terminates on
`immediately following the last day of
`Accordingly, such last Lease Year may be less than twelve (12) full calendar months.
`
`SECTION 3.04. Landlord covenants that Tenant, upon paying all Minimum Rent and othcr charges due undcr this Lease and
`performing and observing all of the othcr terms and conditions of this Lease to be performed or observed by Tenant, shall
`peacefully and quietly have, hold and cnjoy the Leased Premises and the appurtenances thereto throughout the Lease Term
`without hindrance, ejection or molestation by Landlord.
`
`ARTICLE IV - RENTAL
`
`in Houston, Hanis County, Texas, at
`and agrees to pay to Landlord thc Minimum Rent
`SECTION 4.01. Tenant
`covenants
`P.O. Box 301074, Houston, TX 75303-1074, or at such other address as Landlord may from time to time designate in writing.
`reviewed or
`or notices addressed to the lock box or
`read, and any writtcn statements
`Payments made to a
`lockbox arc not
`writtcn on a check deposited in a lockbox arc not binding or enforceable upon Landlord. All Minimum Rent payments shall
`bc made on the first day of each calendar month, monthly in advance, for each and every month during the Lease Tcrm.
`full calendar month of the
`Upon the Commencement Datc, Minimum Rent and Additional Rent shall bc payable for the first
`on the first day of a calendar month, a pro rata part of Minimum Rent
`thc Lease Term does not commence
`Lease Term; but if
`and Additional Rent shall bc payable for such partial month. Any prepaid or advance rental actually paid by Tenant shall be
`applied toward all amounts duc undcr this Lease as the same accrue.
`SECTION 4.02. The term "Gross Sake includes all moneys, rights, or property of value received or
`receivable, without
`licensees or concessionaires
`its sublessees,
`for merchandise sold or services
`or any other party,
`deductions, by Tenant,
`time-price differential,
`rcntcd or business conductcd (including interest,
`inventory leased or
`performed or equipment, or
`finance charges and service charges on time-payment sales, credit
`from the Leased Premises
`sales or
`lay-a-way sales)
`(including, without limitation, orders received in person or by mail, telephone, internet, or electronically). Gross Sales shall
`the Leased Premises but thc
`include, but shall not bc limited to,
`transactions in which delivery is made to the customcr at
`is taken elsewhere and transactions in which the delivery is madc from the Leased Premises regardless of where the
`order
`(i) excise or sales taxes added to thc selling pricc of the itcm and paid to the
`is taken. Gross Sales shall not include:
`order
`Government; (ii) refunds to customers not
`of
`the original selling price of
`the item; (iii) transfers or exchanges of
`in excess
`of business; (iv) returns
`(v) sales of
`merchandise to other stores madc in the regular course
`to shippers or manufacturers;
`trade fixtums; (vi) insurance proceeds, or (vii) gratuities. All Gross Sales will be recorded through modem cash registers or
`point of sales terminals. Tcnant shall accurately maintain all records of Gross Sales ("Gross Sales Records"). Tenant shall
`the end of cach Lean Year,
`retain all Gross Sales Records for three (3) years after preparation. Within thirty (30) days after
`Tenant will deliver to Landlord a statement, certified by Tcnant to be accurate and complete, setting forth the amount of
`Gross Sales made during such Lease Year, itemized in reasonable detail.
`
`and othcr sums hereunder provided to bc paid by Tenant shall be duc and payable by Tenant
`SECTION 4.03. All
`rent
`without demand, deduction, abatement or off-set except as expressly provided herein. Minimum Rent and other payments
`thc rate of twelve percent (12%) per annum
`than ten (10) days past duc shall bear interest from maturity at
`which arc more
`required to be paid by Tenant pursuant to the terms
`sums and chargcs of whatsoever naturc
`from the date due until paid. All
`of this Lease (including, without limitation, all payments sct forth in Article XX, below entitled "Additional Rent") constitute
`
`

`

`DP
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`o
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`0
`
`2008SF-NPR
`
`additional rent (whether or not same bc designated "Additional Rent') and failure by Tenant to timely pay any amount duc
`to pay Minimutn Rent.
`hereunder may be treated by Landlord as a failure by Tenant
`SECTION 4.04. The relation created by this lease is that of landlord and tenant. No provision of this Lease shall be
`construed to create a joint venture, partnership, or other business association between Landlord and Tenant.
`In no event shall
`Tenant be the agent of L.andlord nor shall Landlord be liable for the debts of Tenant
`ARTICLE V - UTILITIES
`
`SECTION 5.01. Commencing upon tender of possession of the Leased Premises to Tenant. Tenant will at
`its own cost and
`expense pay for all water, sanitary sewer, gas, electricity and other utilities used in the Leased Premises and will save and
`Such payments shall bc madc directly to the supplier of any
`liability for same.
`hold Landlord harmless from any charge or
`utility separately metered (or submetercd)
`to the Leased Premises and on such equitable basis as may be determined by
`with other occupants of the Shopping
`to any such utilities which are metered to Tenant in common
`Landlord with respect
`service, Tenant shall pay the "Water Costs" set forth in Article I of this Lease,
`For water and sanitary sewer
`Center.
`tender and continuing for cach and every month thereafter through the end of the Lease Tcrm. Landlord
`commencing on
`shall have the right, exercisable by notice to Tenant at any time during thc Lease Term, to adjust the monthly Water Costs to
`more accurately reflect Landlord's estimate of Tenant's actual water usagc, and additionally, Landlord may submit an invoice
`to Tcnant for the difference between the actual cost of supplying water to the Leased Premises and the amount
`theretofore
`paid by Tenant during any calendar year. Additionally, Tcnant shall pay to Landlord a proportionate share (determined on an
`equitable basis) of any reasonable professional
`fees and expenses incurred by Landlord for utility consultants employed in
`connection with attcmpts to reduce thc utility costs for thc Shopping Center.
`Interruptions or malfunctions of any utility services shall not constitute an eviction or disturbance of
`SECTION 5.02.
`a breach by Landlord of any of Landlord's obligations hereunder or
`or possession of the Leased Premises or
`Tenant's use
`render Landlord liable for any damages or entitle Tenant to be relieved from any of Tenant's obligations hereunder or grant
`Tenant any right of off-set or
`any utility service to the Lcased Premises is interrupted
`rccoupment, except that
`in the event
`due to thc negligence or willful misconduct of Landlord, or Landlord's employees, agents or contractors, and, as a result,
`Tenant is unable to and does not, conduct business in thc Leased Premises, and if such interruption continues for a period of
`twenty-four (24) consecutive hours or more after Tenant notifies Landlord of such interruption, then commencing upon the
`date thc twenty-fourth (20) hour of continuous interruption occurs
`and continuing through the date prior to the date the
`interrupted service is restored, Minimum Rent and Additional Rent shall be abated based upon the number of days of
`continuous interruption as compared to the total number of days in thc applicable calendar month. Such abatement shall be
`sole and exclusive remcdy arising out of any interruption of utility services due to Landlord's negligence or
`Tenant's
`the
`negligence of Landlord's employees, agents or contractors.
`
`ARTICLE VI - USE
`SECTION 6.01. Tenant will use the Leased Premises solely for the Permitted Use. Tenant will not use or permit use of thc
`of Landlord. The Leased PremiSes shall be advertised as
`Leased Premises for any other purpose without the written consent
`its own expense: will comply with all Federal, State, municipal and
`and operated under Tenant's Trade Name. Tenant, at
`other
`laws, codes, ordinances, rules and regulations applicable to the Leased Premises, any construction by Tenant at the
`Leased Premises, and the business conducted therein by Tenant. Tenant will comply with such reasonable regulations as
`the Leased Premises or within the Shopping
`Landlord may promulgate regarding sanitation, cleanliness and other matters
`at
`limitation removal of garbage, trash and other waste. Tenant will not conduct any auction or
`including without
`Center,
`"going-out-of-business" or similar sale or make any unlawful use of the Leased
`fire or
`"lost-our-leasc" or
`bankruptcy or
`Premises or permit any unlawful use thereof.
`SECTION 6.02. Tenant shall occupy and use the entire Leased Premises continuously dhring the entire Lease Tcrm seven
`(7) days per week during reasonable business hours for the Permitted Usc and will operate such busincss during such period
`with diligence and in accordance with the best standards of operation of such busincss; provided, however, in no event shall
`Tenant bc required to operate on nationally recognized holidays. Notwithstanding thc forcgoing, Tenant may close
`temporarily for purposcs of performing repairs, alterations or
`for the purpose of taking inventory, providing
`remodeling, or
`routine training or other appropriate business needs (hereinafter "Temporary Closures"); provided, however, the aggregate •
`number of days Tenant may close for Temporary Closures shall not exceed.thirty (30) days during any five (5) year period.
`for the supplying of a "dumpster" for Tenant's use. Tenant shall place
`SECTION 6.03. Landlord hereby agrees to contract
`all of its trash from the normal operation of its business activities at
`thc Leased Premises (excluding construction) into the
`dumpstcr container provided by Landlord, and Tenant agrees that no other trash container may be utilized by Tcnant outside
`the Leased Premises. Landlord hereby agrees to contract
`for a dumpstcr service which will empty the dumpstcr on a regular
`basis.
`
`In consideration for Landlords supplying a dumpstcr and contracting for the service to said dumpster, Tenant shall reimburse
`Landlord for the cost of such service, which such cost shall be included in Tenant's "Common Area Payment" (as hereinafter
`In Landlords sole judgmcnt, should Tenant's usage of said dumpster service exceed the usage of other tenants in
`defined).
`the Shopping Center (calculated on a per square foot basis), Landlord shall have thc right to increase the amount paid by
`in its Common Area Payment to more accurately reflect Tenant's actual usage.
`Tenant
`
`to use
`Alternatively, at any time upon ten (10) dayswritten notice to Tenant, Landlord may terminate Tenantk right
`Landlords dumpstcr service program and require that Tenant contract separately for
`trash disposal services. Thereafter,
`its solc cost and expense, for the removal of its trash and rubbish, and Tenant's Common Arca
`Tenant shall be responsible, at
`Paymcnt shall not
`include fees for such services.
`
`SECTION 6.04.
`
`Intentionally deleted.
`
`is opcn and operating its busincss in the Leased Premises for
`SECTION 6.05. So long as Tenant
`the Permitted Use
`described in Article 1.8 hereof, and there has not occurred an "Event of Defaule (as defmed in Article XV hereof), Landlord
`it will not, after thc date hereof, directly lease space in the Shopping Center to any other tenant whose primary
`agrees that
`
`

`

`•
`
`2008SF-NPR
`
`business will be providing eyelash extensions and refills; cyc enhancing services (including eyebrow and eyelash tinting and
`eyelash perming services); and /or permancnt makcup (hereinafter a "Competing Businesr). This limitation shall not apply
`in the
`to (i) present tenants (or their assignees or sublessees) whose leases may not prohibit such use; (ii) to any tenant
`(10%) of its gross annual
`from any one of thc following
`Shopping Center who derives less than tcn percent
`revenue
`(a) providing eyelash extensions and refills; (b) cyc enhancing services (including eyebrow and eyelash tinting
`categories:
`and eyelash perming services); and/or (c) permanent cyc makeup; or (iii) any tenant, present or
`future, occupying 7,500
`the Lease. Tenant should cease
`square feet or morc of
`If, at any time during the term of
`lease space in the Shopping Center.
`the Leased Premises (except for cessation of operations caused and continuing solely by rcasons of
`operating its business at
`Forcc Majeure, as hereinafter defined in Section 24.14) then thc provisions of this Section 6.05 Ihniting Landlords right to
`lease space in thc Shopping Center for the purpose sct forth above shall be immediately rendered null and void.
`
`If Tenant validly determines that Landlord has violated the provisions of this Section 6.05, Tenant shall give Landlord written
`notice of such violation, and Landlord shall have thirty (30) days from receipt of
`the notice within which to cure
`thc
`If such violation is not cured within such thirty (30) day period.
`violation.
`then Tenant, as its exclusive remedy, shall have
`to fifty percent (50%) of the Minimum
`the right to pay, in lieu of thc Minimum Rcnt stated in the Lease, an amount equal
`the terms of the Lease (hereinafter "Reduced Ren) until
`the violation has been cured;
`Rent otherwise payable under
`provided, however, the payment of such Reduced Rent shall not continue in effect for longer
`than twelve (12) months, and
`after twelve (12) months of the paymcnt of Reduced Rent, Tenant must elect to cithcr (i) terminate this Lease upon thirty (30)
`payment of Minimum Rent at
`daysprior written notice to Landlord, or (ii) keep this Lease in effect and to again commence
`If Tenant fails to give Landlord written notice of termination within
`thc rates provided in this Lease. Timc is of thc essence.
`(10) days after expiration of the twelve (12) month Reduced Rent period, Tenant will be deemed to have elected to keep
`ten
`the payment of Minimum Rent at
`this Lease in effect and recommence
`thc rates provided in thc Lease. Nothing contained
`herein shall be deemed to reduce the amounts payable by Tenant as Additional Rent during any period that Tenant has the
`right to pay Reduced Rent.
`
`Tenant acknowledges that other occupants of the Shopping Center, notwithstanding prohibitions contained in their respective
`a Competing Business in violation of thc rights grantcd Tcnant
`thcir premises for
`leases, may violate their leases and usc
`Tenant agrees that Landlord shall have no
`herein ("Rogue Tenanr).
`liability whatsoever with respect
`a Competing
`to
`Business operated by a Rogue Tenant nor shall Landlord bc obligated to incur any expenses or
`take any action other than to
`thc operation of the Competing Business bc terminated. However, Landlord
`give such Rogue Tenant a written demand that
`agrees, upon Tenant's request, to join with Tenant as a plaintiff in a suit seeking to enjoin the operation of the Competing
`the failure of Tenant to obtain an injunction shall affect any of the
`Business. Ncithcr the existence of the Roguc Tenant, nor
`obligations of Tenant under this Lease. Tenant shall pay all court
`costs, expenses and attorney fees arising out of any such
`action and hereby agrees to indemnify, defend, and hold Landlord harmless from and against liability for any of thc foregoing
`in connection therewith.
`
`ARTICLE V11 - COMMON AREA
`
`SECTION 7.01. Landlord will provide and maintain a "Common Atte (as hereinafter defined) in the Shopping Center and
`bcyond its control, Landlord will also
`make necessary repairs thereto and, except when prevented from doing so by causes
`in the Shopping Center from dusk until thc later of (i) 9:30 o'clock P.M., or
`(ii) one-half
`provide lighting in the parking arca
`hour after the closing hour of the tenants
`thc floor arca of all
`occupying ninety perccnt (90%) of
`in thc Shopping
`stores
`and invitees shall have the non-exclusive usc, along with others, of thc Common
`Center. Tenant, its employees, customers
`Arca. Landlord shall have the right, from time to time, to change the arrangement, layout and/or size of the Common Area,
`truck loading zones, and to do and perforrn such other acts in the Common
`and designate employee parking spaces and tcnant
`Arca as Landlord shall, in its good faith judgment, dctcrminc to bc advisable. Landlord shall have thc right. from timc to
`to establish, modify and enforce reasonable, non-discriminatory and uniformly enforced rules and regulations with
`time,
`respect to