No. 6. Same—another form." AGREEMENT, made January 5, 1923, between John Doe, residing at No. 11% Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 37 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: FIRST: That the First Party hereby lets to the Second Party, and the Second Party hereby takes from the First Party, the entire roof of the "Doe Building," at No. 11 Broadway, Borough of Manhattan, New York City, for the term of three (3) years, beginning on February 1, 1923, and ending on January 31, 1926, for use by the Second Party for the sole purpose of erecting and maintaining thereon a structure for displaying painted and electric advertisements, relating to the products of the Second Party. SECOND: That the Second Party shall pay to the First Party the sum of fifteen thousand ($15,000) dollars per annum, in equal monthly installments, in advance, on the first day of each and every month, during the term hereof, except that the Second Party shall, contemporaneously with the execution of this agreement, pay to the First Party the rent for the first month of the term hereunder. THIRD: That this renting is upon the following express terms and conditions: 1. (a) That the Second Party shall have the right to erect and maintain on said roof a structure and the necessary equipment, for the purpose of enabling the Second Party to display its advertisements; but such structure and equipment shall comply, in all respects, with all ordinances and requirements of the City of New York, and of its various bureaus and departments, and of the Board of Fire Underwriters. (b) That the First Party, upon reasonable notice from the Second Party, shall sign any application, or permits, which may be necessary, in order to enable the Second Party to use the said premises, for the purposes herein provided. Adapted from Mecca Realty Co. v. Kellogg Toasted Corn Flakes Co. (1917), 221 N. Y. 724, 117 N. E. 1076. 2. That such structure and equipment shall be used by the Second Party, for the sole purpose of displaying painted and/or electric advertisements, advertising the products of the Second Party. 3. That the Second Party shall have the right to use not more than twenty-five (25) square feet of space, in such part of the cellar of the building as the First Party may designate, for the purpose of connecting his equipment with the electric light mains, and for the purpose of installing switches and other electric appliances, for use in lighting any sign erected by him; and the Second Party shall, also, have the right, upon obtaining the written consent thereto of the First Party, to install all wires and fixtures that he may require and that the Board of Fire Underwriters may permit him to install, for the purpose of lighting properly the sign structures erected by him on the said premises; but the Second Party shall pay all costs and expenses, which may be incurred in making any of the aforesaid connections and installations. 4. That any structure placed upon, or affixed to, any portion of the roof of said building by the Second Party, and all switches, wires and other property installed by the Second Party, in, or on, said building, shall be, and remain, the personal property of the Second Party, and shall be removed by the Second Party, immediately after the termination of this lease; and the Second Party, upon the termination of this lease, shall, at his own cost and expense, forthwith restore the said roof to its original condition. 5. That the Second Party shall purchase from the First Party all electric current that may be required for illuminating the sign of the Second Party, and the Second Party shall pay the First Party therefor, at the end of each month, during said term, or immediately upon the presentation of any bill therefor. 6. That the Second Party shall, at his own cost and expense, promptly execute and comply with all rules, orders, ordinances and regulations of the City Government, and of any and all of its departments and bureaus, applicable to said premises, for the correction, prevention and abatement of nuisances and other grievances, in, upon, or connected with, the said premises, during said term, and shall, at his own cost and expense, promptly comply with and execute all rules, orders and regulations of the Board of Fire Underwriters, for the prevention of fires. 7. That, if the present rate of insurance premiums upon the said building, or upon any of the contents thereof, shall be raised, or increased, in consequence of the occupancy and use of said premises by the Second Party, then the Second Party shall, upon demand, pay such increase in premiums, in addition to the rent herein provided for, and, if not so paid, the same shall be added to, and become a part of, the next succeeding month's rent. 8. That, during the Second Party's occupancy of the said roof, the Second Party shall promptly repair any injury to the roof, or to any other part of the said building, which may be caused by the erection, or maintenance, of such structure and equipment, or which may otherwise result from the occupancy, or use, of said roof by the Second Party; and, upon the failure of the Second Party promptly to make any such repairs, the First Party shall have the right to make the same, and, thereupon, the Second Party, upon demand, shall repay the cost thereof to the First Party, or, at the election of the First Party, such cost shall be added to, and become a part of, the next succeeding month's rent. 9. That the Second Party, at all reasonable times, shall have a right of access through the building of the First Party, for the purpose of constructing, painting and maintaining advertisements, as herein provided, and for all other purposes, which may be necessary, or proper, to the enjoyment of the Second Party's occupancy; but nothing herein contained shall obligate, or require, the First Party to open the said building for the Second Party on Sundays, legal holidays, or at night. 10. That the Second Party shall keep and save the First Party harmless from any damage, or injury, to any person, or property, which may result from the erection, or maintenance, of any structure, or equipment, by the Second Party. 11. That if the Second Party shall, at any time, be prevented by reason of any law, or ordinance, from erecting, or maintaining, any reasonably safe sign, or structure, as herein authorized, then, and in such event, the Second Party shall have the right to cancel and annul this lease, by giving to the First Party thirty (30) days' notice in writing of the Second Party's intention so to do. 12. That, if the said building shall be torn down, or if the said building shall be so injured that the Second Party shall be prevented from maintaining his advertising sign on the roof thereof, then, and in such event, this lease shall be terminated as of the date when said building shall have been so torn down or injured. 13. (a) That, if default shall be made by the Second Party in the payment of any rent, or in the payment of electric current, or any part thereof, or if default, or violation, shall be made by the Second Party in the performance of any of the other covenants, promises or agreements herein contained, this 'ease shall, if the First Party shall so elect, terminate forthwith; and the said First Party, his legal representatives and assigns, are hereby authorized, in any such case, at his, or their, election, to re-enter the said premises and hold the same as if this lease had not been made; and the said First Party shall have the right to institute summary proceedings for the recovery of the possession of the premises as for a holding over, after the expiration of the term hereunder. (b) That the Second Party hereby expressly waives the service of notice of intention to re-enter, or of legal proceedings to that end, and, in such case, no demand for the possession of the premises, or for the payment of said rent, or electric current, shall be necessary, as a condition precedent to the institution of any legal proceedings. 14. That if, at any time during the term of this lease, a building shall be erected on the plot of ground adjoining the First Party's building on the south, of such a height as to obstruct the view of the signs of the Second Party, then the Second Party may, upon giving to the First Party thirty (30) days' notice in writing of his intention so to do, cancel this lease; and such cancellation shall take effect, at the expiration of said thirty (30) days' notice, and thereupon this lease shall cease and determine. 15. That, if the Second Party shall terminate this lease, in pursuance of any of the options given to him hereunder, no claim, or claims, in connection therewith, or by reason thereof, shall be made against the First Party. 16. That the Second Party shall not assign this lease, nor let, or underlet, the whole, or any part, of the said roof, nor make any alterations thereto, without first obtaining the written consent of the said First Party, under the penalty of forfeiture and damages; and that he shall not occupy, or use, the said premises, nor permit the same to be occupied, or used, for any purpose other than that herein expressed, without the like consent under the like penalty. FOURTH: That the Second Party shall have the right, option and privilege of renewing this lease, for an additional term of two years from and after February 1, 1925, upon the same terms H and conditions as are herein contained, provided written notice. of his intention to exercise such right, option and privilege of renewal shall have been given to the First Party, at least one year prior to February 1, 1925. FIFTII: That the First Party hereby covenants that, upon the payment of the rent herein reserved, and upon the performance by the Second Party of all the other terms, conditions and covenants herein provided to be performed by the Second Party, the Second Party may, and shall, peaceably and quietly have, hold and enjoy the said demised premises, for the term aforesaid. SIXTI: That this agreement shall be binding upon the parties hereto, and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. In the presence of John Doe (L. S.). John Jones. No. 7. Agreement to display illuminated advertising sign. AGREEMENT, made January 5, 1923, between Doe Advertising Corporation, a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 11% Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 37% Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. That the First Party hereby lets to the Second Party, and the Second Party hereby hires from the First Party, the signboard, erected on the roof of the building, known as No. 112 Broadway, Borough of Manhattan, New York City, for the term of two years, beginning February 1, 1923, at the yearly rent of four thousand ($4,000) dollars, which shall be paid to the First 7 Adapted from Realty Advertising Co. v. Hickson (1918), 184 App. Div. 168, 171 N. Y. Supp. 455. |