Registration of Securities by a Small-Business Issuer — Form SB-2
Filing Table of Contents
Document/Exhibit Description Pages Size
1: SB-2 Registration of Securities by a Small-Business 81 493K
Issuer
2: EX-3.1 Articles of Incorporation/Organization or By-Laws 28 113K
3: EX-3.2 Articles of Incorporation/Organization or By-Laws 17 74K
4: EX-4.1 Instrument Defining the Rights of Security Holders 2 16K
5: EX-4.2 Instrument Defining the Rights of Security Holders 4± 22K
6: EX-10.1 Material Contract 3 18K
15: EX-10.10 Material Contract 6 34K
16: EX-10.11 Material Contract 6 33K
17: EX-10.12 Material Contract 11 42K
18: EX-10.13 Material Contract 4 21K
19: EX-10.14 Material Contract 10 44K
20: EX-10.15 Material Contract 4 22K
21: EX-10.16 Material Contract 10 43K
22: EX-10.17 Material Contract 3 20K
23: EX-10.18 Material Contract 9 41K
24: EX-10.19 Material Contract 2 15K
7: EX-10.2 Material Contract 2 17K
25: EX-10.20 Material Contract 8 35K
26: EX-10.21 Material Contract 17 62K
27: EX-10.22 Material Contract 2± 13K
28: EX-10.23 Material Contract 2 17K
29: EX-10.24 Material Contract 19 56K
30: EX-10.25 Material Contract 13 50K
31: EX-10.26 Material Contract 7 35K
32: EX-10.27 Material Contract 4 17K
33: EX-10.28 Material Contract 9 40K
34: EX-10.29 Material Contract 10 47K
8: EX-10.3 Material Contract 6 43K
35: EX-10.30 Material Contract 6 35K
36: EX-10.31 Material Contract 6 31K
37: EX-10.32 Material Contract 11 57K
38: EX-10.35 Material Contract 37 125K
39: EX-10.36 Material Contract 18 52K
9: EX-10.4 Material Contract 7 36K
10: EX-10.5 Material Contract 2± 14K
11: EX-10.6 Material Contract 3 21K
12: EX-10.7 Material Contract 4 20K
13: EX-10.8 Material Contract 1 12K
14: EX-10.9 Material Contract 1 14K
40: EX-21.1 Subsidiaries of the Registrant 1 10K
41: EX-23.1 Consent of Experts or Counsel 1 11K
42: EX-27.1 Financial Data Schedule (Pre-XBRL) 2 14K
EXHIBIT 10.24
SUBLEASE AGREEMENT
The parties agree as follows:
Date of this December 1, 1996
Sublease:
Parties to this Overtenant: Tom Rochon
Sublease: Address for notices: 100 Grand Street, 6th floor
You, the Undertenant: Paul H. Berger, c/o Hippo, Inc.
Address for notices: 4400 N. Federal Highway, Suite 210
Boca Raton, Florida 33431
If there are more than one Overtenant or Undertenant,
the words "Overtenant" and "Undertenant" used in this
Sublease includes them.
Information from Landlord: Thomas Rochon Associates
Over-Lease Address for notices: 100 Grand Street, 6th Floor
Overtenant:
Address for notices:
Date of Over-Lease Jan. 1, 1994
Term: From Jan. 1, 1994 to Dec. 31, 1999
A copy of the Over-Lease is attached as an important
part of the Sublease.
Term: 9. __ years: seven months:
Beginning: Jan. 1, 1997 ending: July 31, 1997:
Premises rented: 10. North Space, as shown on Plan Exhibit "A"
5th Floor
Use of premises: 11. The premises may be used for Artist
Living/Working Quarters only.
Rent: 12. The yearly rent is $26,400. You, the Undertenant,
will pay this yearly rent to the Overtenant in twelve
equal monthly payments of $2,200.00. Payments shall
be paid in advance on the first day of each month
during the Term.
Security: 13. The security for the Undertenant's performance is
$2,200.00. Overtenant states that Overtenant has
received it. Overtenant shall hold the security in
accordance with Paragraph __ of the Over-Lease.
Agreement to lease 14. Overtenant sublets the premises to you, the
Undertenant, for the Term.
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and pay rent: Overtenant states that it has the authority to do so.
You, the Undertenant, agree to pay the Rent and other
charges as required in the Sublease. You, the
Undertenant, agree to do everything required of you
in the Sublease.
Notices: 15. All notices in the Sublease shall be sent by
certified mail, "return receipt requested".
Subject to: 16. The Sublease is subject to the Over-Lease. It is
also subject to any agreement to which the Over-Lease
is subject. You, the Undertenant, state that you have
read and initialized the Over-Lease and will not
violate it in any way.
Overtenant's 17. The Over-Lease describes the Landlord's duties.
duties: The Overtenant is not obligated to perform the
Landlord's duties. If the Landlord fails to perform,
you, the Undertenant, must send the Overtenant a
notice. Upon receipt of the notice, the Overtenant
shall then promptly notify the Landlord and demand
that the Over-Lease agreement be carried out. The
Overtenant shall continue the demands until the
Landlord performs.
Consent: 18. If the Landlord's consent to the Sublease is
required, this consent must be received within _____
days from the date of this Sublease. If the
Landlord's consent is not received within this time,
the Sublease will be void. In such event all parties
are automatically released and all payments shall be
refunded to you, the Undertenant.
Adopting the 19. The provisions of the Over-Lease are part of this
Over-Lease and Sublease. All the provisions of the Over-Lease
exceptions: applying to the Overtenant are binding on you, the
Undertenant, except these:
(a) These numbered paragraphs of the Over-Lease shall
not apply:
(b) These numbered paragraphs of the Over-Lease are
changed as follows:
RIDER TO SUBLEASE ITEMS 1-9 ATTACHED HEREWITH:
No authority: 20. You, the Undertenant, have no authority to
contact or make any agreement with the Landlord about
the premises or the Over-Lease. You, the Undertenant,
may not pay rent or other charges to the Landlord,
but only to the Overtenant.
Successors: 21. Unless otherwise stated, the Sublease is binding
on all parties who lawfully succeed to the rights or
take the place of the Overtenant or you, the
Undertenant. Examples are an assign, heir, or a legal
representative such as an executor of your will or
administrator of your estate.
Changes: 22. This sublease can be changed only by an agreement
in writing signed by the parties to the Sublease.
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Signatures:
OVERTENANT:
/s/ Tom Rochon
You, the UNDERTENANT:
Witness: /S/ Paul Berger
Paul H. Berger, Hippo, Inc.
December 27, 1996
STATE OF COUNTY OF ss.:
On ______________, 19__ before me personally appeared
to me known and known to me to be the individual(s) described in and who
executed the foregoing Sublease, and duly acknowledged to me that he executed
the same.
GUARANTY OF PAYMENT WHICH IS PART OF THE SUBLEASE
Date of Guaranty: __________________ 19__
Guarantor
and address:
Reason for 1. I know that the Overtenant would not rent the
Guaranty: premises to the Undertenant unless I guarantee
Undertenant's performance. I have also requested the
Overtenant to enter into the Sublease with the
Undertenant. I have a substantial interest in making
sure that the Overtenant rents the premises to the
Undertenant.
Guaranty: 2. The following is my Guaranty: I guaranty the
full performance of the Sublease by the
Undertenant. This Guaranty is absolute and
without any condition. It includes, but is
not limited to, the payment of rent and
other money charges.
In addition, I agree to these other terms:
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Changes in 3. This Guaranty will not be affected by any change
Sublease have in the Sublease, whatsoever. This includes, but is
no effect: not limited to, any extention of time or renewals.
The Guaranty will be binding even if I am not a party
to these changes.
Waiver of notice: 4. I do not have to be informed about any failure of
performance by Undertenant. I waive notice of
nonpayment or nonperformance.
Performance: 5. If the Undertenant fails to perform under the
Sublease, the Overtenant may require me to perform
without first demanding that the Undertenant perform.
Waiver of 6. I give up my right to trial by jury in
jury trial: any claim related to the Sublease or this Guaranty.
Changes: 7. This Guaranty of payment and performance
can be changed only by written agreement signed by
all parties to the Sublease and Guaranty.
Signatures: /s/ Paul Berger
GUARANTOR:
Witness:
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LEASE AGREEMENT
The Landlord and Tenant agree to lease the Apartment at the Rent and for the
Term stated on these terms:
LANDLORD: Thomas Rochon TENANT: Thomas Rochon Associates
Address for Notices: 100 Grand Street 100 Grand Street
New York, NY 10013 New York, NY
10013
Apartment (and terrace, if any): 5th Floor 100 Grand Street
Lease date: Term: Yearly Rent: $
September __, 1993 beginning: January 1, Monthly Rent: $
1994 Security: $
ending:
Rider: Additional terms on _____ page(s) initialed at the end by the parties
is attached and made a part of this Lease.
8. Use: Legal use only.
9. 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.
10. 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
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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 will then be due and payable.
11. Security.
Tenant has given Security to Landlord in the amount stated above. If Tenant
fully complies with all of the terms 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.
12. 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.
13. 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
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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.
14. 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 Term. Landlord
is not required to do or pay for any work unless stated in this Lease.
15. Fire, accident, defects, damage.
Tenant must give Landlord prompt notice of fire, accident, damage or
dangerous or defective condition. If the Apartment cannot be used because of
fire or other casualty, tenant is not required to pay for the time the Apartment
is unusable. If part of the Apartment cannot 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,
fixtures, furnishings or decorations unless originally installed by Landlord.
Landlord is not responsible for delays due to settling insurance claims,
obtaining estimates, labor and supply problems or any other cause not fully
under Landlord's control.
If the fire or other casualty is caused by an act or neglect of Tenant or
guest of Tenant, or at the time of the fire or casualty Tenant is in default in
any term of this Lease, then all repairs will be made at Tenant's expense and
Tenant must pay the full rent with no adjustment. The cost of the repairs will
be added rent.
Landlord has the right to demolish or rebuild the Building if there is
substantial damage by fire or other casualty. Even if the Apartment is not
damaged, Landlord may cancel this Lease within 30 days after the fire or
casualty by giving Tenant notice of Landlord's intention to demolish or rebuild.
The Lease will end 30 days after Landlord's cancellation notice to Tenant.
Tenant must deliver the Apartment to Landlord on or
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before the cancellation date in the notice and pay all rent due to the date of
the fire or casualty. If the Lease is canceled Landlord is not required to
repair the Apartment or Building.
16. Liability.
Landlord is not liable for loss, expense, or damage to any person or
property, unless due to Landlord's negligence. Tenant must pay for damages
suffered and money spent by Landlord relating to any claim arising from any act
or neglect of Tenant. Tenant is responsible for all acts of Tenant's family,
employees, guests or invitees.
17. Landlord may enter.
Landlord may at reasonable times, enter the Apartment to examine, to make
repairs or alterations, and to show it to possible buyers, lenders or tenants.
18. 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 Tenant does, Landlord has the
right to cancel the Lease as stated in the Default section.
19. Subordination.
This Lease and Tenant's rights, are subject and subordinate to all present
and future: (a) leases for the Building or the land on which it stands, (b)
mortgages on the leases or the Building or land, (c) agreements securing money
paid or to be paid by a lender, and (d) terms, conditions, renewals, changes of
any kind and extensions of the mortgages or leases or lender agreements. Tenant
must promptly execute any certificate(s) that Landlord requests to show that
this Lease is so subject and subordinate. Tenant authorizes Landlord to sign
these certificate(s) for Tenant.
20. Condemnation.
If all of the Apartment or Building is taken or condemned by a legal
authority, the Term, and Tenant's rights shall end on the date the authority
takes title to the Apartment or Building. If any part of the Apartment or
Building is taken, Landlord may cancel this Lease on notice to Tenant. The
notice shall set a cancellation date not less than 30 days from the date of the
notice. If the Lease is canceled, Tenant must rent due to that date. The entire
award for any taking belongs to Landlord. Tenant gives Landlord any
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interest Tenant may have to any part of the award. Tenant shall make no claim
for the value of the remaining part of the Term.
21. Tenant's duty to obey laws and regulations.
Tenant must, at Tenant's expense, promptly comply with all laws, orders,
rules, requests, and directions, of all governmental authorities, Landlord's
insurers, Board of Fire Underwriters, or similar groups. Tenant may not do
anything which may increase Landlord's insurance premiums. If Tenant does,
Tenant must pay the increase as added rent.
22. 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 Apartment.
4. Failure to fully perform any other term of the Lease.
B. If Tenant fails to correct the defaults in section A, within the 5 days,
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 Tenant must leave the Apartment and give Landlord
the keys. Tenant continues to be responsible for rent, expenses, damages and
losses.
C. If the Lease is canceled, or rent or added rent is not paid on time, or
Tenant vacates the Apartment, Landlord may in addition to other remedies take
any of the following steps:
1. Enter the Apartment and remove Tenant and any person or
property;
2. Use dispossess, eviction or other lawsuit method to take back
the Apartment.
D. If the Lease is ended or Landlord takes back the Apartment, rent and
added rent for the unexpired Term becomes due and payable. Landlord may re-rent
the Apartment and anything in it for any Term. Landlord may re-rent for a lower
rent and give allowances to the new Tenant. Tenant shall be responsible for
Landlord's cost of re-renting. Tenant shall continue to be responsible for rent,
expenses, damages and losses. Any rent received from the re-renting shall be
applied to the reduction of money Tenant
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owes. Tenant waives all rights to return to the Apartment after possession is
given to the Landlord by a Court.
23. Waiver of jury, counterclaim, set off
Landlord and Tenant waive trial by a jury in any matter which comes up
between the parties under or because of this Lease (except for a personal injury
or property damage claim). In a proceeding to get possession of the Apartment,
Tenant shall not have the right to make a counterclaim or set off.
24. Notices.
Any bill, statement or notice must be in writing. If to Tenant, it must be
delivered or mailed to the Tenant at the Apartment. If to Landlord, it must be
mailed to Landlord's address. It will be considered delivered on the day mailed
or if not mailed, when left at the proper address. A notice must be sent by
certified mail. Landlord must send a written notice to Tenant if Landlord's
address is changed.
25. No waiver, illegality
Landlord's acceptance of rent or failure to enforce any term in this Lease
is not a waiver of any of Landlord's rights. If a term in this Lease is illegal,
the rest of this Lease remains in full force.
26. Bankruptcy, insolvency
If (1) Tenant assigns property for the benefit of creditors, (2) Tenants
files a voluntary petition or an involuntary petition is filed against Tenant
under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant
or Tenant's property is appointed, Landlord may give Tenant 30 days notice of
cancellation of the Term of the 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.
27. Rules
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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. Tenant must comply with Co-ops House rules.
28 Representations
Tenant has read this Lease. All promises made by the Landlord are in this
Lease. There are no others.
29 Landlord unable to perform
If due to labor trouble, government order, lack of supply, Tenant's act or
neglect, or any other cause not fully 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.
30 End of term
At the end of the Term, Tenant must: leave the Apartment clean and in good
condition, subject 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 Apartment to its condition at the
beginning of the Term.
31 Space "as is"
Tenant has inspected the Apartment and Building. Tenant states they are in
good order and repair takes the Apartment "as is."
32 Quiet enjoyment and habitability
Subject to the terms of this Lease, as long as Tenant is not in default
Tenant may peaceable and quietly have, hold and enjoy the Apartment for the
Term. Landlord states
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that the Apartment and Building are fit for human living and there is no
condition dangerous to health, life or safety.
33 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.
34 Legal Fees
The successful party in a legal action or proceeding between Landlord and
Tenant for non-payment of rent or recovery of possession of the Apartment may
recover reasonable legal fees and costs from the other party.
35 Lease binding on
This Lease is binding on Landlord and Tenant and those that lawfully
succeed to their rights or take their place.
36 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.
37 Paragraph headings
The Paragraph headings are for convenience only.
38 Changes
The Lease may be changed only by an agreement in writing signed by and
delivered to each party.
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39 Effective date
This Lease is effective when Landlord delivers to Tenant a copy signed by
all parties.
Signatures Landlord and Tenant have signed this Lease as of the date at the top.
LANDLORD: TENANT:
/s/ Thomas Rochon /s/ Thomas Rochon
-------------------------- --------------------------
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Consent of One-Hundred Grand, Inc.
One-Hundred Grand, Inc. (the Corporation), as the owners of the building known
as and located at 100 Grand Street, New York, New York (the building), consents,
pursuant to paragraph 14 of the Proprietary Lease, to the use by Thomas Rochon
of the 5th Floor of the Building, for legal purposes.
The Corporation also consents, pursuant to paragraph 15 of the Proprietary
Lease, to the subletting by Thomas Rochon of all or a portion of the fifth floor
of the Building as provided herein.
ONE-HUNDRED GRAND, INC.
By: /s/ Thomas Rochon
--------------------------------
Director
By: /s/ Stacy Valla
--------------------------------
Director
By: /s/ William Young
--------------------------------
Director
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HOUSE RULES
(1) The public halls and stairways of the building shall not be obstructed or
used for any purpose other than ingress to and egress from the apartments in the
building, and the fire towers shall not be obstructed in any way.
(2) No patient of any doctor who has offices in the building shall be permitted
to wait in the lobby.
(3) Children shall not play in the public halls, courts, stairways, fire towers
or elevators and shall not be permitted on the roof unless accompanied by a
responsible adult.
(4) No public hall above the ground floor of the building shall be decorated or
furnished by any Lessee in any manner without prior consent of all of the
Lessees to whom such hall serves as a means of ingress and egress; in the event
of disagreement among such Lessees, the Board of Directors shall decide.
(5) No Lessee shall make or permit any distributing noises in the building or do
or permit anything to be done therein which will interfere with the rights,
comfort or convenience of other Lessees. No Lessee shall play upon or suffer to
be played upon any musical instrument or permit to be operated a phonograph or a
radio or television loud speaker in such Lessee's apartment between the hours of
eleven o'clock p.m. and the following eight o'clock a.m. if the same shall
disturb or annoy other occupants of the building. No construction or repair work
or other installation involving noise shall be conducted in any apartment except
on weekdays (not including legal holidays) and only between the hours of 8:30
a.m. and 5:00 p.m.
(6) No article shall be placed in the halls or on the staircase landings or fire
towers, nor shall any be hung or taken from the doors, windows, terraces or
balconies or placed upon the window sills of the building.
(7) No awnings, windows air-conditioning units or ventilators shall be used in
or about the building except such as shall have been expressly approved by the
Lessor or the managing agent, nor shall anything be projected out of the
building without similar approval.
(8) No sign, notice, advertisement or illumination shall be inscribed or exposed
on or at any window or other part of the building, except such as shall have
been approved in writing by the Lessor or the managing agent. (9) No
velocipedes, bicycles, scooters or similar vehicles shall be allowed in a
passenger elevator, and baby carriages and the above-mentioned vehicles shall
not be allowed to stand in the public halls, passageways, areas or courts of the
building.
(10) Messengers and tradespeople shall use such means of ingress and egress as
shall be designated by the Lessor.
(11) Garbage and refuse from the apartments shall be disposed of only at such
times and in such manner as the superintendent or the managing agent of the
building may direct.
(12) Water closets and other water apparatus in the building shall not be used
for any purposes other than those for which they were constructed, nor shall any
sweepings, rubbish, rags or any other article
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be thrown into the water closets. The cost of repairing any damage resulting
from misuse of any water closets or other apparatus shall be paid for by the
Lessee in whose apartment it shall have been caused.
(13) No Lessee shall send any employee of the Lessor out of the building on any
private business of a Lessee.
(14) No pigeons or other birds or animals shall be fed from the window sills,
terraces, balconies or in the yard, court spaces or other public portions of the
building, or on the sidewalk or street adjacent to the building.
(15) No radio or television aerial shall be attached to or hung from the
exterior of the building without the prior written approval of the Lessor or the
managing agent.
(16) No vehicle belonging to a Lessee or to a member of the family or guest,
subtenant or employee of a Lessee shall be parked in such manner as to impede or
prevent ready access to any entrance of the building by another vehicle.
(17) The Lessee shall keep the windows of the apartment clean. In case of
refusal or neglect of the Lessee during 10 days after notice in writing from the
Lessor or the managing agent to clean the windows, such cleaning may be done by
the Lessor, which shall have the right, by its officers or authorized agents, to
enter the apartment for the purpose and to charge the cost of such cleaning to
the Lessee.
(18) Complaints regarding the service of the building shall be made in writing
to the managing agent of the Lessor.
(19) Any consent or approval given under these House Rules by the Lessor shall
be revocable at any time.
(20) No Lessee shall install any plantings on the terrace, balcony or roof
without the prior written approval of the Lessor. Plantings shall be contained
in boxes of wood lined with metal or other material impervious to dampness and
standing on supports at least 2 inches from the terrace, balcony or roof
surface, and if adjoining a wall, at least three inches from such wall. Suitable
weep holes shall be provided in the boxes to draw off water. In special
locations, such as a corner abutting a parapet wall, plantings may be contained
in masonry or hollow tile walls which shall be at least three inches from the
parapet and flashing, with the floor of drainage tiles and suitable weep holes
at the sides to draw off water. It shall be the responsibility of the Lessee to
maintain the containers in good conditions, and the drainage tiles and weep
holes in operating condition.
(21) The agents of the Lessor, and any contractor or workman authorized by the
Lessor, may enter any apartment at any reasonable hour of the day for the
purpose of inspecting such apartment to
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ascertain whether measures are necessary or desirable to control or exterminate
any vermin, insects or other pests and for the purpose of taking such measures
as may be necessary to control or exterminate such vermin, insects or other
pests. If the Lessor takes measures to control or exterminate carpet beetles,
the cost thereof shall be payable by the Lessee, as additional rent.
(22) These House Rules may be added to, amended or repealed at any time by
resolution of the Board of Directors of the Lessor.
17
RIDER TO SUBLEASE AGREEMENT
1 North Space can be occupied as living-working space for Paul H. Berger of
Hippo, Inc. Undertenant of South-West Space of 5th Floor.
2 Undertenant to accept leased area "as is" and additional improvements,
additional electrical, telephone, alarms, partitions, ac units, etc., are the
sole responsibility of the Undertenant. Replacement or repair of appliances
shall be the responsibility of the Undertenant. Upon termination of the lease by
the Landlord, Undertenant shall leave space, as received, with reasonable wear
and tear accepted. All alterations, additions or deletions must be improved by
Overtenant prior to the start of the work. Fixtures, air conditioning unit,
lighting, etc. are properties of Overtenant.
3 Elevator is to be locked at all times for security.
4 Undertenant shall pay 35% of Con Edison for the 5th floor which is metered
separately from the rest of the building but shared with other tenants on the
fifth floor. Bills shall be paid to Thomas Rochon Associates within 10 days of
presentation.
5 All tenants of the 5th floor shall maintain common hall. Undertenants of South
Spaces are responsible for maintaining the toilet room adjacent the hall. If
lobby or elevator is abused by undertenant, undertenant shall compensate the
Landlord for damages.
6 All commercial garbage is the responsibility of Undertenant. Undertenant
responsible for exterminators, locks, alarms, cable TV, and telephone.
7 Overtenant agrees to provide Undertenant any notice from the Landlord and/or
Coop which relates to the 5th floor.
8 Undertenant is hereby granted an option to renew this sublease for a
additional one year term for $2300.00 per month in rent provided the Undertenant
is not in default and that the Undertenant notifies the Overtenant by certified
mail two months prior to termination.
9 There will be 5% late fee if rent is received later than the 5th of each
month.
10 Space cannot be sublet and Lease cannot be assigned.
/s/ Thomas Rochon
---------------------------
Thomas Rochon Associates
/s/ Paul Berger
---------------------------
Paul H. Berger, Hippo, Inc.
Dec. 27, 1996
18
Exhibit "A"
Fifth Floor
100 Grand Street
New York, New York 10013
FLOOR MAP
19
Dates Referenced Herein
| Referenced-On Page |
---|
This ‘SB-2’ Filing | | Date | | First | | Last | | | Other Filings |
---|
| | |
| | 12/31/99 | | 1 | | | | | None on these Dates |
Filed on: | | 7/7/98 |
| | 7/31/97 | | 1 |
| | 1/1/97 | | 1 |
| | 12/27/96 | | 3 | | 18 |
| | 12/1/96 | | 1 |
| | 1/1/94 | | 1 |
| List all Filings |
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