RK Centers And CVS Pharmacy Memorandum Of Lease

Remember, Daniel Katz, the owner of RK Centers, testimony under the oath done on May 15, 2012 in Miami Court.

  "RK Centers include an acceleration clause in their typical leases with their tenants".

Todd Levine, of Miami based law firm Kluger, Kaplan, Silverman, Katzen, Levine, represents RK Centers, Raanan Katz, Daniel Katz in their frivolous lawsuits against this blog. Here is Mr.Levine examination of Daniel Katz.

" BY MR. LEVINE:

16      Todd Levine:   Does RK Associates and RK Centers include an

17  acceleration clause in their typical leases with their

18  tenants?

19      Daniel Katz:   Yes, we do.  It's standard industry practice.

20      Todd Levine:   And I forgot to ask you:  What business is RK

21  Centers and RK Associates engaged in?

22      Daniel Katz:   Commercial real estate development and

23  management."


Here is RK Centers Memorandum of Lease with CVS Pharmacy. As you can see below there is no lease acceleration, automatic "gotcha" clause, 6 month notice in CVS Lease. Why...? Why CVS Pharmacy Corporation does not share RK Centers, Raanan Katz, and Daniel Katz "standard industry practice."

"MEMORANDUM OF LEASE
Notice is hereby given of the Lease hereinafter described PARTIES TO LEASE:
LANDLORD: 18100 COLLINS AVENUE SHOPPING CENTER, LTD. 17100 COLLINS AVE., SUITE 225
SUNNY ISLES, EL 33160
TENANT: HOLIDAY CVS, L.L.C.
ONE CVS DRIVE
WOONSOCKET, RI 02895
ATH PROPERTY ADMINISTRATION STORE # 8903-01
DATE OF EXECUTION OF LEASE: August    2008
TERM OF LEASE: Fifteen (15) Years
The term shall commence on the Commencement Date as defined in the Lease. SHOPPING CENTER AND LEASED PREMISES:
Shopping Center: that certain lot or parcel of real estate located at the Southwest intersection of Collins Avenue and N. B. 183w Street, Sunny Isles, Florida, described on Exhibit A and shown on Exhibit B, including the Leased Premises described below and including all buildings and other improvements situated on said property, and all rights, easements, rights of way, and other appurtenances thereto. (The Shopping Center is located in Miami-Dade County.)
Leased Premises: the portion of the Shopping Center shown on Exhibit B as the Leased Premises including the portion of the Building comprising a part of the Shopping Center, which
Building is also shown on Exhibit B and all other buildings and improvements situated on the Leased Premises and all rights, easements, rights of way and other appurtenances thereto.
The Leased Premises is also shown on Exhibit
The portion of the Building comprising leased Premises shall have the following dimensions:
ground floor dimensions: 105'9" x 89'8"x 114'2" x 110'4" ground floor total square footage: 11,000' Irregular
The Leased Premises are leased with the nonexclusive right of Tenant (and all persons claiming under Tenant, including Tenant's employees, vendors, customers and other invitees), to use, free of charge, all Shopping Center "Common Areas". Such Common Areas shall include, without limitation, paved parking areas, paved service areas, sidewalks, ramps, roadways, driveways, curbs, curb cuts and all similar facilities and areas of the Shopping Center now or hereafter existing in the Shopping Center.
Tenant's Parking Field as shown as "CVS Primary Non-Exclusive Parking Area" on Exhibit B shall be reserved for parking by Tenant's customers and Tenant may erect signs in front of each parking space within such area reading "Reserved for CVS Customers" or the like as allowed by Laws. Landlord shall have no obligation to enforce such restrictions, but to the extent permitted by Laws, Tenant may do so.
Landlord shall not constitute the Leased Premises as a separate legal parcel from the Shopping Center without first executing a cross easement and restriction agreement which is in all respects satisfactory to Tenant, preserving Tenant's rights hereunder with respect to the Shopping Center and recording the same in the records of land evidence.
OPTIONS TO EXTEND LEASE:
The Lease, at the option of the Tenant exercised by written notice to the Landlord, given not less than one hundred eighty (180) days prior to the expiration of the initial term or the expiration of any extension period may be extended for six (6) immediately successive periods of five (5) years each.
RIGHT OF FIRST REFUSAL:
The Lease contains a right of first refusal in favor of Tenant upon terms and conditions set forth in the Lease.
USE RESTRICTIONS FOR SHOPPING CENTER -
Landlord warrants that it will not lease any space in the Shopping Center or allow any such space to be used for the following purposes: a pinball, video game, or any form of
entertainment arcade; a gambling or betting office, other than for the sale of lottery tickets; a massage parlor (except a day or health spa or health club otherwise permitted hereunder providing massage services shall be permitted; a cinema, video store or bookstore selling, renting, or exhibiting primarily material of a pornographic or adult nature; an adult entertainment bar or club; a bowling alley; a roller skating or ice skating rink; a billiards parlor or pool hail; a firearms shooting range or any other use which creates or causes excessive noise; a theater; a health club or exercise salon not exceeding 4,000 square feet; any type of educational or vocational institution exceeding 10,000 square feet; a flea market; a warehouse; a gas station; a facility which performs on-site auto repair or a so-called "dollar store" or similar type store or any similar operation such as, by way of example only, "Family Dollar", "Dollar General", "Dollar Zone", "Maxway", "Allied Stores", or "Bills Dollar" (collectively, "Dollar Type Stores") provided (i) the existing Dollar Store shall be permitted to operate in the Shopping Center for the remainder of the term of its lease) and (ii) one Dollar Type Store not exceeding 3,500 square feet (in replacement of the existing Dollar Store) shall be permitted provided it is located not closer to the Leased Premises than the existing Dollar Store located at 18200 Collins Avenue. Notwithstanding anything contained in this Section to the contrary, those premises in the Shopping Center which are now subject to a lease which would otherwise be restricted under this Section which are listed on Exhibit B of the Lease may be used for the purposes expressly permitted or not permitted by the terms of said lease during the term of said lease and/or any extensions thereof, provided that if Landlord's approval is required for such use and Landlord shall not grant such consent without the prior written consent of Tenant. Said premises may continue to be used by the present tenant thereof or by any successor tenant for the same use for which said premises are currently used under the same lease.
SHOPPING CENTER LAYOUT -
(a)    Landlord warrants and agrees that the layout shown on Exhibit B will be adhered
to so as to maintain the position of the building(s), parking areas, curb cuts, traffic patterns, and roadways and passageways provided that the parties acknowledge that the northern edge of the Common Areas of the Shopping Center along 183d may be changed by the City of Sunny Isles, Florida.
Tenant agrees that Landlord may make minor, non-material modifications to the Shopping Center layout. However, Landlord agrees that, unless Landlord first shall obtain Tenant's consent: there will be no additional construction in the area designated as "No Change Area" on Exhibit B or in the Tenant Access Ways as shown on Exhibit B, there will be no change in the location, shape, or dimensions of the Leased Premises; and, there will be no change in the layout of the No Change Area or the Tenant Access Ways which would adversely affect the accessibility to the Leased Premises from the parking areas or from the public streets and roadways bordering the Shopping Center, or the visibility of Tenant's signs or storefront(s). Landlord shall not place any kiosks, planters, trees, shrubs, stairs, or other obstructions in any place in front of the Leased Premises without Tenant's prior written consent. Landlord shall not block or close any drive aisles the No Change Area or the Tenant Access Ways without Tenant's written consent. Tenant shall not unreasonably withhold or delay its consent hereunder.
(b)    Landlord shall not permit any vertical or horizontal projection (other than
Tenant's signs) on the Building, which projection shall obstruct the visibility of any Tenant sign or storefront. Landlord shall not permit any sign to be placed on the Leased Premises exterior walls or roof, except for Tenant's signs.
EXCLUSIVE -
(a)    (i)    Landlord warrants and agrees that (i) so long as Tenant is operating
(without being closed for more than 12 months and such additional time as may be reasonably necessary due to remodeling, condemnation, casualty or force majeure) a health and beauty aids store, and/or a drug store and/or a pharmacy prescription department, then provided the Lease is in effect, Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for a health and beauty aids store, a vitamin store, or a retail health center, and, (ii) provided the Lease is in effect, Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for a drug store and/or the operation of a pharmacy
(ii)    Landlord warrants and agrees that, so long as Tenant is utilizing a portion
of the Leased Premises (without being closed for more than 12 months and such additional time as may be reasonably necessary due to remodeling, condemnation, casualty or force majeure) for the sales of greeting card and gifts, for the sales of candy; and/or for the operation of photo processing department, provided the Lease is in effect. Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for the primary purpose of: a greeting card and gift store; a candy store; or a photo processing store, with such limitations and restrictions being applied, individually, to the individual uses set forth above in this subsection (ii); for instance if Tenant discontinues sales of candy in Leased Premises as provided above but continues to sell greeting cards and gifts and operates a photo processing department in the Lease4 Premises, Landlord may lease space in the Shopping Center for primary use as a candy store.
(b)    As used in this Lease: the term "operation of a pharmacy" shall mean the dispensing, distribution or furnishing of prescription drugs for a fee or profit or a facility which accepts prescriptions from customers which are filled elsewhere and delivered to the customer. The distribution or furnishing of free samples of prescription drugs by physicians, dentists, other health care practitioners, or entities such as clinics or health maintenance organizations shall not be deemed the "operation of a pharmacy"; and a "health and beauty aids store" shall mean a store which devotes more than 5% of its retail selling space to the display and sale of health and beauty aids but shall not include a beauty salon of less than 1000 square feet which sells health and beauty aids.
Notwithstanding anything contained in this provision to the contrary, any premises in the Shopping Center or on any land immediately adjacent to the Shopping Center or at the same intersection as the Shopping Center which are now subject to a lease which would otherwise be restricted under this provision may be used for the purposes expressly permitted or not prohibited by the terms of said lease during the term of said leas and/or any extensions thereof; provided that if Landlord's approval is required for such use and Landlord has the ability to withhold its consent, Landlord shall not grant such consent without the prior written consent of Tenant. Said premises may continue to be used by the present tenant thereof or by any tenant for the same use for which said premises are currently used under the same lease.
MISCELLANEOUS:
This instrument is only a brief summary of certain provisions for the purpose of giving notice of the Lease and is not deemed to amend the Lease in any respect. Reference is hereby made to the Lease for a more complete description of the terms."