FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`MONROE COUNTY CLERK’S OFFICE
`
`RECEIVED NYSCEF: 06/23/2022
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
`
`INDEX NO. E2022004749
`
`Return To:
`SEAN PETER WILLIAMS
`400 Meridian Centre Boulevard, Suite 200
`Rochester, NY 14618
`
` Ivy Bridge Townhomes
`
` Walker, Brenda
` Anderson, Shaquita
`
`Total Fees Paid:
`
`Receipt # 3116411
`
`Book Page CIVIL
`
`No. Pages: 33
`
`Instrument: EXHIBIT(S)
`
`Control #:
`Index #:
`
`202206231192
`E2022004749
`
`Date: 06/23/2022
`
`Time: 4:58:06 PM
`
`$0.00
`
`Employee:
`
`State of New York
`
`MONROE COUNTY CLERK’S OFFICE
`WARNING – THIS SHEET CONSTITUTES THE CLERKS
`ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
`SECTION 319 OF THE REAL PROPERTY LAW OF THE
`STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
`
`JAMIE ROMEO
`
`MONROE COUNTY CLERK
`
`

`

`202206231192
`FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`Ivy Bridge Town Homes
`25 Silverlight Way • Rochester, NY 14624
`(585) 880-1631
`
`1. Residency and Financials
`
`Index # : E2022004749
`INDEX NO. E2022004749
`
`RECEIVED NYSCEF: 06/23/2022
`
`1.1 TERMS
`This Lease, created on 12/26/2018 , shall be the complete agreement and will constitute all of the terms and conditions under which the
`parties whose signatures appear below have agreed. Landlord/Lessor/Agent, Ivy Bridge Townhomes, LLC, shall be referred to as "OWNER"
`and Tenant(s)/Lessee(s) Shaquita R. Anderson, Brenda Walker shall be referred to as "RESIDENT." As consideration for this agreement,
`OWNER agrees to rent/lease to and RESIDENT agrees to rent/lease from OWNER for use solely as a private, single family residence, the
`unit located at
`28 Ivy Bridge Way
`Rochester, NY 14624
`in the Town of Gates, NY. Only the residential unit is the subject of this lease, and no rights are hereby given in any of the real property at
`the premises.
`
`RESIDENT agrees to pay as rent the sum of:
`$2.00 Total:
`$2.00 Insurance Charge
`$1,500.00 Online Portal
`Liability to Landlord Insurance
`$9.50 Rent
`$1,513.50
`per month on the 1st day of each month. This agreement shall commence on 01/05/2019 and continue until 5PM on 12/25/2019 as
`leasehold. OWNER reserves the right to raise the rent on the lease renewal date. If RESIDENT should move from the premises prior to the
`expiration of the lease term (or any renewal of the lease term), RESIDENT shall be liable for all rent due for the remainder of the lease or
`renewal term. In the event that RESIDENT abandons the property prior to the expiration of the lease or renewal term, and OWNER elects
`to re-let the apartment to a third party, RESIDENT shall remain liable for the difference between any actual rent paid to the OWNER by the
`third party and the rent due from the RESIDENT during the term of the lease or renewal period.
`
`1.2 PAYMENTS
`Rent and/or other charges are to be paid on the 1st of each month by paying online in your tenant portal, a $2.00 is charged monthly. If you
`are paying by check you will be charged an inconvenience fee of $20, checks are made payable to “IBTH, LLC,” to the following address:
`Brickwood Properties, 25 Silverlight Way, Rochester, NY 14624. All payments not made online are to be made by check or money order.
`OWNER acknowledges receipt of the Security Deposit of $2,000.00
`
`(a)Resident agrees to pay the monthly rent and all additional monthly charges in full in advance on the first day of each month during
`the term of the Lease at the post office box of the Landlord or such other place as the Landlord may select without any deductions being
`made from the rent payment. If the Resident’s rent is not received by the Landlord by the end of the third (3rd) day of the month in
`which it is due, Resident agrees to pay a late charge of 10% of the monthly balance owed as additional rent to the Landlord. Resident
`agrees to pay a Fifty dollar ($50.00) service charge as additional rent when any check or draft tendered by Resident to Landlord is returned
`due to insufficient funds, a stop payment order or any similar reasons or matter relating to Resident. In addition, if Resident’s rent check is
`returned, Resident will pay the rent and the applicable late fees and charges by money order or certified check. If Resident’s rent check is
`returned more than once (1) time in any twelve (12) month period, Resident shall pay all rent and other charges by money order or certified
`check. All payments made each month should be in the form of personal check, money order or certified check and made payable to Ivy
`Bridge Townhomes, LLC, or such other entity instructed by Landlord in writing to Resident. A processing fee of $25.00 will be levied upon
`any documents that need to be certified or processed.
`
`(b)Resident and Landlord agree that all additional monthly charges are additional rent. Additional rent is payable together with
`Resident’s next monthly rental installment. If Resident fails to pay the additional rent on time, Landlord shall have the same rights against
`Resident as if Resident failed to pay the rent.
`
`(c)Resident shall be responsible for all utilities and services provided to the Townhome, including but not limited to gas, electric,
`telephone, cable, water and sanitary sewer services. All utilities and services shall be paid by Resident as determined by utility meters or
`sub-meters as assigned to townhome. In the event of any utility issue, the Resident will immediately inform the Landlord and only the
`Landlord will have the authority to decide the correct course of action.
`
`(d) Resident will use reasonable care to use and maintain the carpeting in the Townhome in substantially the same condition as
`delivered to the Resident. If Resident chooses to clean the carpet during the Lease Term, Resident will do so pursuant to manufacturer’s
`specifications. A $200 Carpet Cleaning Fee will be taken from the security at the end of the lease.
`
`1.3 SECURITY DEPOSITS
`The above security, rental, and other deposits shall secure compliance with the terms and conditions of this agreement and shall be refunded
`to RESIDENT within 60 days after the premises have been completely vacated less any amount necessary to pay OWNER; a) any unpaid
`rent, b) cleaning costs, c) key replacement costs, d) cost for repair of damages to premises and/or common areas, and e) any other amount
`legally allowable under the terms of this agreement, including attorneys fees and court costs.
`
`1
`
`Exhibit A
`
`

`

`202206231192
`FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`
`Index #: E2022004749
`INDEX NO. E2022004749
`
`RECEIVED NYSCEF: 06/23/2022
`
`The parties hereto agree that in the event any of the following items are necessary to be cleaned, repaired, painted or replaced at the end
`of this lease the prices set forth for each shall be the proper charges by the landlord to the tenant. It is understood that the tenant upon
`termination of lease shall leave the premises clean without exception.
`
`a. Cleaning entire bathroom $80.00 or kitchen $120.00.
`
`b. Cleaning kitchen range $40.00, refrigerator $40.00, dishwasher $20.00, microwave $15.00.
`
`c. Replace smoke detector if broken or missing $50.00 each.
`
`d. Replace bathroom light cover $30.00 each; replace bathroom towel bar/or toilet paper holder, $25.00 each.
`
`e. Repair or replace kitchen countertop not to exceed $2500.00.
`
`f. Repair or replace bathroom countertop $650.00.
`
`g. Replace or repair door lock if key is not returned or if lock is damaged, or at the request of tenant, $50.00 for handset, $85.00 for deadbolt
`lock.
`
`h. Replace mailbox lock $125.00.
`
`i.Repair broken windows $150.00 each.
`
`j. Repair or replace window screens $50.00 each.
`
`k. Replace towel bars $40.00 each.
`
`l. Replace refrigerator shelf $75.00 each.
`
`m. Replace sliding glass door $300.00 each panel.
`
`n. Replace frame and screen in sliding screen door $120.00; $75 for screen only.
`
`o. Replace kitchen cabinet door $250.00 each.
`
`p. Drywall repair charge for total TIME and MATERIAL
`
`q. Replace carpet $3.00 per sq. ft., replace kitchen or bathroom flooring $5.00 per sq. ft.
`
`r. Replace interior door $200, with frame $250 each.
`
`s. Replace main door to apartment $500 each.
`
`t. Replace light fixtures $75.00 each, chandelier $175.00, ceiling fan $300, ceiling fan globe $50.
`
`u. Repair or replace any appliance or fixture-cost based on manufacturer's price plus labor for installation
`
`v. Labor to repair damages, painting, or excessive cleaning $52.00 per hour/per man.
`
`w. Replace outlet covers $5.00 each.
`
`x. Remove satellite dish $75.00.
`
`y. Replace carbon monoxide detector $100.
`
`z. Copy lost key $45.00.
`
`aa. Replace garage remote $50.00 each.
`
`bb. Smoke bomb apartment due to odors $180.00.
`
`cc. Prep walls with Kilz before painting due to smoke or stains.
`
`dd. Replace Shower Rods at $75 each.
`
`Note: Tenant will be given a Move-In Inspection Report upon inception and a Move-Out Inspection Report upon Vacating
`
`If deposits do not cover such costs and damages, the RESIDENT shall be liable for said additional costs and for damages to OWNER.
`RESIDENT shall pay said additional amount immediately upon removal from the premises. In no way can security deposit be used for last
`month’s rent. All security deposits will be held in the Escrow department of Evan’s Bank, West Seneca, NY 14224.
`
`2
`
`

`

`202206231192
`FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`
`Index #: E2022004749
`INDEX NO. E2022004749
`
`RECEIVED NYSCEF: 06/23/2022
`
`1.4 UTILITIES
`RESIDENT agrees to pay all utilities and/or services based upon occupancy of the premises including, but not limited to: water, sewer, gas,
`electric, telephone, cable, refuse collection, and exterminating. Any such fees, if unpaid shall be deemed additional rent, due and payable
`immediately. Non-payment of any such charges shall be grounds for default and termination as detailed below. In the event of any utility
`issue, the Resident will immediately inform the Landlord and only the Landlord will have the authority to decide the correct course of
`action.
`
`1.5 OCCUPANTS
`ONLY the undersigned and any immediate family and approved pets and animals, and no others shall occupy the subject residence for more
`than 15 days absent the express written consent of OWNER. Any persons not approved by the OWNER residing at the unit for a period of
`more than 15 days shall be considered a breach of this agreement, and may result in the termination of this lease agreement upon written
`notice to the RESIDENT, in the Owner’s sole discretion. Five person maximum capacity per unit.
`
`By initialing below, you acknowledge and agree to the terms in Section 1.
`X
`X
`
`B W
`
`S A
`
`Brenda Walker
`
`Shaquita R. Anderson
`
`2. Policies and Procedures
`
`2.1 PETS
`No animal, fowl, fish, reptile, and/or pet of any kind shall be kept on or about the premises, for any amount of time, without obtaining the
`prior written consent of the OWNER. Visitors are not allowed to bring their pets onto the premises at any time. Such consent if granted
`shall be revocable at OWNER'S discretion upon giving 30 day written notice. In the event permission is granted to have a pet and/or animal
`of any kind on the premises, an additional deposit in the amount in an amount to be determined at the sole discretion of the OWNER shall
`be required. RESIDENT also shall be required to sign the OWNER’S Pet Agreement. RESIDENT agrees to carry appropriate insurance such
`that said insurance will cover any possible liability and damages that may be caused by such animals, to the premises or to other third
`parties. RESIDENT hereby agrees to indemnify and hold harmless the OWNER for any and all damage or injury, personal or otherwise,
`caused by any approved or unapproved pets or animals kept by the resident. In the event resident brings any kind of pet onto the premises
`without the express written consent of the OWNER, resident will be subject to the current pet rent prorated from the beginning of the lease
`term until present. Resident will also be considered in “Breach of Lease” and pet shall be removed from premises immediately with no
`consideration for keeping the pet.
`
`2.2 LIQUID FILLED FURNISHINGS
`No liquid filled furniture, beds, or receptacles containing more than ten gallons of liquid are permitted without prior written consent of
`the OWNER. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible losses that may be caused by any
`items that contain water.
`
`2.3 PARKING
`If RESIDENT is assigned a parking area/space on OWNER'S property, the parking area/space shall be used exclusively for parking of
`passenger automobiles and/or those approved vehicles listed on RESIDENT'S Application attached hereto. Said space shall not be used for
`the washing, painting, repair or permanent storage of vehicles. No other parking space shall be used by RESIDENT or RESIDENT'S guest(s).
`RESIDENT is responsible for oil leaks and other vehicle discharges for which RESIDENT shall be charged for cleaning if deemed necessary
`by OWNER. In no way is RESIDENT OR RESIDENT’S guests allowed to park in the street for any length of time for any reason. Parking
`in the street by either residents or their guests is a fineable event by management, to be paid immediately upon service. Cars parked in the
`street are subject to towing. The safety of residents and guests is always of paramount importance to management.
`
`2.4 NOISE
`RESIDENT agrees not to cause or allow any noise or activity on the premises which might disturb the peace and quiet of another RESIDENT
`and/or neighbor. Any unreasonable noise and/or activity shall be a breach of this agreement, and a tenant may be terminated subject to the
`provisions of this lease.
`
`3
`
`

`

`202206231192
`FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`
`Index #: E2022004749
`INDEX NO. E2022004749
`
`RECEIVED NYSCEF: 06/23/2022
`
`2.5 DESTRUCTION OF PREMISES
`If the premises become totally or partially destroyed during the term of this Agreement so that RESIDENT'S use is seriously impaired,
`OWNER or RESIDENT may terminate this Agreement immediately upon three day written notice to the other, and all obligations of this
`lease shall terminate upon written notice to the RESIDENT.
`
`2.6 CONDITION OF PREMISES
`RESIDENT acknowledges that he has examined the premises and that said premises, all furnishings, fixtures, furniture, plumbing, heating,
`electrical facilities, all items listed on the attached property condition checklist, if any, and/or all other items provided by OWNER are
`all clean, and in good and satisfactory condition except as may be indicated elsewhere in this Agreement. RESIDENT agrees to keep the
`premises and all items in good order and good condition and to immediately pay for costs to repair and/or replace any portion of the above
`damaged by RESIDENT, his guests and/or invitees, except as provided by law. At the termination of this Agreement, possession of all items
`contemplated by this provision shall be returned to OWNER in clean and good condition and the premises shall be free of all personal
`property, debris of all kinds, and trash not belonging to OWNER. It is agreed that all holes, tears, burns, and stains of any size or amount in
`the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear.
`
`2.7 ALTERATIONS
`RESIDENT shall not paint, wallpaper, alter or redecorate the interior, change or install locks, install antenna or other equipment, screws,
`fastening devices, large nails, or adhesive materials, place signs, displays, or other exhibits, on or in any portion of the premises without
`the written consent of the OWNER except as may be provided by law. Even in the event that permission is granted by the OWNER upon
`moving out, RESIDENT shall return walls or alterations to the condition and color at the time RESIDENT moved in.
`
`2.8 PROPERTY MAINTENANCE
`RESIDENT shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles with the lid closed and shall
`cooperate in keeping the garbage area neat and clean. RESIDENT shall be responsible for disposing of items of such size and nature as are
`not normally acceptable. RESIDENT shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause
`clogging. RESIDENT shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or
`damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks.
`
`RESIDENT agrees that in the event of an appliance malfunction, management or owner will not be responsible for laundry services or
`spoilage. Management will make all reasonable attempts to repair and or replace, as needed, any appliance that has malfunctioned. Resident
`also agrees to be held liable for damage to any appliance that has been determined by the repairing company to be caused by negligence on
`the part of the resident or by failure to adhere to the manufacturer’s directions and specifications for operation.
`
`RESIDENT agrees that any and all garbage and/or recycling receptacles shall be placed neatly and appropriately at the curb, in such a
`manner as not to impair or impede regular vehicle or pedestrian traffic. All such garbage and/or recycling receptacles shall be placed at the
`curb for no more than twenty-four (24) hours. Any persons repeatedly allowing their receptacles to remain at the curb for more than twenty-
`four (24) hours shall be subject to a fine of $25.00 per day, which shall be deemed additional rent due the next month. In event RESIDENT
`fails to pay such additional rent, or refuses to correct the situation, may be deemed in default, and subject to termination as discussed below
`at the OWNER’S sole discretion.
`
`RESIDENT agrees that the RESIDENT, and not the OWNER, shall be responsible for snow and ice removal from front porch and front porch
`pavers or steps. RESIDENT hereby agrees to indemnify and hold the OWNER harmless in the event of any injury or loss to any person or
`property resulting from the RESIDENT’S failure to properly maintain the sidewalks appurtenant to the leased premised as described above.
`
`RESIDENT agrees to keep all grills and grilling equipment that includes any flammable materials, including but not limited to propane, gas,
`and lighter fluid, at least ten (10.00) feet away from the structure at all times.
`
`RESIDENT accepts responsibility for control and/or elimination of all insects and rodents including but not limited to ants, spiders,
`springtails, earwigs, mites, fleas and mice."
`
`RESIDENT acknowledges that all units are NON-SMOKING. If resident is found to be in violation of this then an additional security
`deposit equal to one month’s rent will be due within 10 days of the violation. Failure to pay the additional security deposit will result in
`TERMINATION OF RESIDENCY. Honesty is appreciated.
`
`By initialing below, you acknowledge and agree to the terms in Section 2.
`X
`X
`
`B W
`
`S A
`
`Brenda Walker
`
`Shaquita R. Anderson
`
`4
`
`

`

`202206231192
`FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`
`Index #: E2022004749
`INDEX NO. E2022004749
`
`RECEIVED NYSCEF: 06/23/2022
`
`3. Responsibilities
`
`3.1 POSSESSION
`If OWNER is unable to deliver possession of the residence to RESIDENTS on the agreed date, because of the loss or destruction of the
`residence or because of the failure of the prior residents to vacate or for any other reason, the RESIDENT and/or OWNER may immediately
`cancel and terminate this agreement upon written notice to the other party at their last known address, whereupon neither party shall have
`liability to the other, and any sums paid under this Agreement shall be refunded in full. If neither party cancels, this Agreement shall be
`prorated and begin on the date of actual possession.
`
`3.2 INSURANCE
`RESIDENT acknowledges that OWNERS insurance does not cover personal property damage caused by fire, theft, flooding, rain, war, acts
`of God, acts of others, and/or any other causes, nor shall OWNER be held liable for such losses. RESIDENT is hereby required to obtain a
`renter’s insurance policy to cover personal liability (including for failure to properly maintain the property and sidewalks as indicated in
`paragraph 14 above), the contents of the unit, and to cover liability for injury or damage caused by pets or animals kept. In the event that
`RESIDENT fails to obtain such insurance, or such insurance is inadequate to cover a claim made against the insured, OWNER shall not be
`responsible for any losses incurred by RESIDENT to the contents of the unit, or injury of any kind to third parties, guests, invitees, licensees,
`that would have been covered had RESIDENT obtained proper contents and liability insurance. RESIDENT hereby indemnifies and holds
`the OWNER against any losses occasioned for failure to obtain adequate coverage, and will reimburse the OWNER for any successful claims
`made against OWNER as a result of lacking or inadequate coverage within 30 days of any such claim.
`
`3.3 ATTORNEY FEES
`If any legal action or proceedings are commenced by the OWNER pursuant to this agreement, to enforce any provision of this lease, or
`to evict the RESIDENT for non-payment of rent or any other default, RESIDENT shall be liable for all reasonable attorney's fees, costs,
`and disbursements in connection with the legal action taken, in addition to other damages awarded. This includes but is not limited to
`legal actions by Owner to enforce any provision of the lease, actions relating to a default by the tenant and actions to recover damages as a
`result of damage to Owner's property caused by the Tenant.
`
`3.4 INVENTORY
`The premises contain the following items that the RESIDENT may use. Refrigerator, Range, Microwave, Dishwasher, Washer, and Dryer.
`
`3.5 KEYS AND ADDENDUMS
`RESIDENT acknowledges receipt of the following which shall be deemed part of this Agreement: House Rules, 2 garage door Openers, 2
`House keys, 2 mailbox keys, pet agreement and any other addendum added.
`
`By initialing below, you acknowledge and agree to the terms in Section 3.
`X
`X
`
`B W
`
`S A
`
`Brenda Walker
`
`Shaquita R. Anderson
`
`4. General Clauses
`
`4.1 HOUSE RULES
`RESIDENT shall comply with all additional rules as stated on separate addendum, but which are deemed part of this rental agreement, and
`a violation of any of the house rules is considered a breach of this agreement.
`
`4.2 CHANGE OF TERMS
`The terms and conditions of this agreement are subject to future change by OWNER after the expiration of the agreed lease period upon
`30-day written notice setting forth such change and delivered to RESIDENT. Any changes are subject to laws in existence at the time of the
`Notice of Change of Terms.
`
`5
`
`

`

`202206231192
`FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`
`Index #: E2022004749
`INDEX NO. E2022004749
`
`RECEIVED NYSCEF: 06/23/2022
`
`4.3 DEFAULT AND TERMINATION
`This agreement may be terminated by the OWNER upon default by the RESIDENT by OWNER giving 3-day written notice of termination
`to the RESIDENT. The premises shall be considered vacated only after all areas including storage areas are clear of all RESIDENT'S
`belongings, and keys and other property furnished for RESIDENT'S use are returned to OWNER. Should the RESIDENT hold over beyond
`the termination date or fail to vacate all possessions on or before the termination date, RESIDENT shall be liable for additional rent and
`damages.
`
`Events of default, include, but are not limited to, the following:
`
`Failure to pay rent or additional rent/late charges on time.
`
`Improper assignment of the Lease, improper subletting all or part of the Premises, or allowing another to use the Premises.
`
`Improper, immoral, or illegal conduct by Tenants or other occupant of the Premises.
`
`Failure to fully perform any other term of the Lease.
`
`Keeping of unapproved pets at any time.
`
`Keeping of unapproved residents for a period in excess of 15
`
`Unreasonable noise.
`
`Failure to keep proper insurance on the contents or pets.
`
`1.
`
`1.
`
`1.
`
`1.
`
`1.
`
`1.
`
`Days.
`
`1.
`
`1.
`
`OWNER may elect, but is not required, to give Tenants a 5-day notice to correct any such defaults. If Tenants fail to correct an event of
`default within 5 days, Landlord may cancel the Lease by giving Tenants a 3-day written notice of such cancellation, as detailed above. On
`that date the Term and Tenants' rights in this Lease automatically end and Tenants must leave the Premises and give Landlord the keys.
`Tenants continue to be responsible for rent, expenses, damages and losses.
`
`If the Lease is canceled, or rent or added rent is not paid on time, or Tenant vacates the premises, Landlord may in addition to other remedies
`take any of the following steps:
`
`1. Enter the Premises and remove Tenant and any person or property.
`2. Use dispossesses eviction, or other summary lawsuit or proceedings to take back the Premises.
`3. Any other legal remedy or action at law.
`
`If RESIDENT breaks this lease early this would result in a forfeit of the security deposit. RESIDENT would also be charged rent until the
`unit is again occupied.
`
`4.4 RIGHT OF ENTRY AND INSPECTION
`OWNER may enter, inspect, and/or repair the premises at any time in case of emergency or suspected abandonment. OWNER shall give 24
`hours advance notice and may enter for the purpose of showing the premises during normal business hours to prospective renters, buyers,
`lenders, for smoke alarm inspections, and/or for normal inspections and repairs. OWNER is permitted to make all alterations, repairs and
`maintenance that in OWNER'S judgment is necessary to perform.
`
`6
`
`

`

`202206231192
`FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`
`Index #: E2022004749
`INDEX NO. E2022004749
`
`RECEIVED NYSCEF: 06/23/2022
`
`4.5 ASSIGNMENT
`RESIDENT agrees not to transfer, assign or sublet the premises or any part thereof.
`
`4.6 SEVERANCE/PARTIAL INVALIDITY
`Nothing contained in this Agreement shall be construed as waiving any of the OWNER'S or RESIDENT'S rights under the law. If any part
`of this Agreement shall be in conflict with the law, that part shall be void to the extent that it is in conflict, but shall not invalidate this
`Agreement nor shall it affect the validity or enforceability of any other provision of this Agreement.
`
`4.7 NO WAIVER
`OWNER'S acceptance of rent with knowledge of any default by RESIDENT, or waiver by OWNER of any breach of any term of this
`Agreement, shall not constitute a waiver of subsequent breaches. Failure to require compliance or to exercise any right shall not be
`constituted as a waiver by OWNER of said term, condition, and/or right, and shall not affect the validity or enforceability of any provision
`of this Agreement.
`
`4.8 JOINTLY AND SEVERALLY
`The undersigned RESIDENTS are jointly and severally responsible and liable for all obligations under this agreement.
`
`4.9 REPORT TO CREDIT/TENANT AGENCIES
`You are hereby notified that a nonpayment, late payment or breach of any of the terms of this rental agreement may be submitted/reported
`to a credit and/or tenant reporting agency, and may create a negative credit record on your credit report.
`
`4.10 NOTICES
`All notices to RESIDENT shall be served at RESIDENT'S unit and all notices to OWNER shall be served at 25 Silverlight Way, Rochester, NY
`14624. The parties hereto agree that in the event of an eviction proceeding for default under the lease, the parties may be served by Certified
`U.S. Mail, and that such service shall be deemed sufficient for the purposes of that legal action. Personal service shall not be necessary.
`
`4.11 ENTIRE AGREEMENT
`This Agreement constitutes the entire Agreement between OWNER and RESIDENT. No oral agreements have been entered into, and all
`modifications or notices shall be in writing to be valid. This instrument and all addenda and exhibits attached hereto, signed and/or initialed
`by the parties hereto, constitute the entire agreement between
`
`Lessor and Lessee. This Lease Agreement shall not be amended, changed or extended except by written instrument signed by both parties
`hereto. Paragraph captions are for convenience only and neither limit nor amplify the provisions of this instrument. The provisions
`contained herein shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of both parties.
`
`4.12 ADDITIONAL OCCUPANTS
`
`4.13 ABANDONMENT
`If at any time the Resident vacates the unit leased, it will be considered Abandoned and the Landlord may enter and take possession.
`Abandonment is considered when fifty percent of Residents belongings are removed, and or the utilities are cancelled.
`
`4.14 SUBORDINATION
`This Lease and Resident's rights are subject and subordinate to any and all present and future mortgages the Owner may have already, or
`will in the future, give to any Lender. Resident agrees to execute, within five (5) business days of receipt, any and all documents Owner
`and/or Owner's Lender may require to confirm such subordination of the Lease and should Resident refuse to sign such document, Owner
`may execute the document on behalf of Resident.
`
`4.15 RENEWALS
`This lease agreement is not constructed to be automatically renewed at the end of the term for which drawn, however the intent to renew this
`agreement by the Tenant(s) will be assumed. All parties will need to sign a new agreement in order to activate a renewal term. If Tenant(s)
`intends to vacate the Premises at the end of the lease term, Tenant(s) must give at least sixty (60) days written notice prior to the end of this
`
`7
`
`

`

`202206231192
`FILED: MONROE COUNTY CLERK 06/23/2022 03:35 PM
`NYSCEF DOC. NO. 2
`
`Index #: E2022004749
`INDEX NO. E2022004749
`
`RECEIVED NYSCEF: 06/23/2022
`
`lease. If sixty (60) days’ notice of non-renewal is not given prior to lease term, Tenant(s) are responsible for the equivalent rent amount due
`for the sixty (60) days after notice is given, even though this lease does not automatically renew.
`
`By initialing below, you acknowledge and agree to the terms in Section 4.
`X
`X
`
`B W
`
`S A
`
`Brenda Walker
`
`Shaquita R. Anderson
`
`5. Brickwood Management Fitness Center Addendum
`
`5.1 BRICKWOOD MANAGEMENT FITNESS CENTER ADDENDUM
`The Fitness center is located in the clubhouse and is open 24 hours a day and can be accessed by using the keypad at the side door.
`
`The Fitness Center is available only by tenants in good standing with Brickwood Management, (“Good standing” shall be defined as having
`no rent or additional rent arrears, as defined in the lease or any other defaults under the lease.)
`
`The following rules have been established by Brickwood Management (the “Management”) for your health, safety and convenience:
`
`1. The Fitness Center is for REGISTERED RESIDENTS only. “Registered” being those persons who are legal residents of King’s Crossing
`Townhomes LLC, IBTH, LLC, and Ivy Bridge Extension, LLC and who have executed this Brickwood Management Fitness Center
`Addendum.
`
`2. Absolutely NO ONE UNDER THE AGE OF 18 may use the Fitness Center UNLESS ACCOMPANIED BY A PARENT AND WITH PRIOR
`WRITTEN OFFICE APPROVAL.
`
`3. All persons using the Fitness Center do so at their own risk and sole responsibility. The property accepts no liability for injury, death or
`any loss associated with the use of the Fitness Center facilities.
`
`4. All persons using the Fitness Center do so under the consent of their medical provider, and with the understanding that they are in
`satisfactory health for use of the facility.
`
`5. Any abuse of the facilities or equipment is prohibited. The Management reserves the right, in its sole discretion to remove any Resident
`from the Fitness Center for any activity that the Management views, in its sole discretion is harmful to the Fitness Center, the Management,
`or to other Residents.
`
`6. Appropriate clothing and foot wear is required in all areas of the Fitness Center. The Management reserves the right, in its sole discretion
`to remove any Resident from the Fitness Center who is not, in Management’s sole discretion, dressed appropriately.
`
`7. Guests of Residents may use the Fitness Center only when accompanied by the Resident. The Resident must accompany the guest during
`the entire duration of their time in the Fitness Center. Residents are responsible for their guests at all times. Guests of Residents must abide
`by the rules set forth in this Addendum.
`
`8. Fitness Center hours of operation will be posted by Management and are subject to change in Management’s sole discretion.
`
`9. Residents are responsible for all articles of clothing and possessions for themselves and their guests. Management will not be responsible
`any articles left in any areas of the Fitness Center.
`
`10. Appropriate behavior is required and expected at all times during use of the Fitness Center. Any person in violation of routine and
`expected appr