Quick Cash
TOWN OF WAPPINGER
TOWN CLERK
CHRIS MASTERSON
SUPERVISOR
CHRISTOPHER J. COlSEY
TOWN CLERK'S OFFICE
TOWN COUNCIL
WilLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOlONI
License Registration:
ISSUE DATE:
EXPIRATION DATE:
ISSUED BY:
The1\.pplica
Loan Brok
and.in c
DATE: June 9, 2009
**This license is limited to Monday through Saturday**
* * Sunday hours of operation are not pennitted**
THIS LICENSE IS TO BE POSTED CONSPICUOUSLY
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Collateral Loan Broker License Application
1. Quick Cash of Wappingers Falls LLC
Barbara Buoninfante, Sole Member
Date of Birth: 09/02/45
685 Esplanade Avenue
Pelham Manor, NY 10803
2. The applicant, Barbara Buoninfante, Sole Member of Quick Cash of Wappingers
Falls LLC, expects to employ no more than three employees.
3. The applicant, Barbara Buoninfante, Sole Member of Quick Cash of Wappingers
Falls LLC, has never been convicted of any crime.
4. Barbara Buoninfante has been a collateral loan broker since November 2008.
5. Quick Cash of Wappingers Falls LLC
will operate from:
1708 Route 9
Wappingers Falls, NY 12590
mailing address is:
2712 E. Tremont Avenue
Bronx, NY 10461
6. Applicant leases its business premises. A copy of the lease is attached.
7. The interest rate on loans provided to suitable applicants is four percent (4%) per
Month, as provided by the New York State Banking Department.
8. I, Barbara Buoninfante, hereby authorize the Town of Wappinger to make a request
for a criminal history record from the New York State Division of Criminal Justice
Services (DCJS) or a Town approved private company.
~~
9. I, Barbara Buoninfante, recently provided the Dutchess County Sherriff's Department
two sets of fingerprint cards as part of the process to obtain a license as a Precious
Metal ExchanQe Establishment. The County of Dutchess subsequently issued me
License #00186 on 05/08/09 (copy attached).
IN WITNESS WHEREOF Barbara Buoninfante, Sole Member of Quick Cash of
Wappingers Falls LLC has duly affixed her signature under seal on this 26 day of May,
20~ IUOkU;5~
WifrJ s: S Barbara Buon' fante
DOREEN CHRISTie
Notary Public, State of New YorK
No.01CH4930446
Co ~ali~ed in Bronx County
mm. n Expires May 9,20.1.0
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BOND DEPARTMENT
AGENCY: 31-1025 Oxford Ins Agency Group Ltd
CONTINUATION CERTIFICATE
BOND
S-438628
Principal:
Quick Cash ofWappingers Falls LLC
1708 Route 9
Wappingers Falls, NY 12509
Obligee:
Town of Wappinger
Town Board, 20 Middlebush Rd
Wappingers Falls NY 12590
Bond Term in Months: 12
Effective Date: 5/28/2010
Expiration Date: 5/28/2011
Penalty Amount:
$10,000
Type of Bond: License
Classification:Compliance Runs to State or Municipality
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Remarks:
Pawnbroker/Jewelry Store
MAY 18 2010
TOWN OF vVAPPINGER
TOWN CLERK
It is hereby agreed that the captioned numbered Bond is continued in force in the above amount for the period of the continued
term stated above and is subject to all the convenants and conditions of said Bond.
This continuation shall be deemed a part of the original Bond, and not a new obligation, no matter how long the Bond has
been in force or how many premiums are paid for the Bond, unless otherwise provided for by statute or ordinance applicable.
In witness whereof, the company has caused this instrument to be duly signed, sealed and dated as of the above "continuation
effective date".
NOM INSURANCE COMPANY
By:
~
Attorney-in-fact
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This Continuation Certificate needs to be filed with the obligee. No other proof of renewal has been sent to any other party.
Direct Bill
JUN-22-2009 MON 11:24 AM VERGILIS,STENGER,ROBERTS
FAX NO. 8452982842
P. 01/01
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE \I
W APPINGERS FALLS, NEW YOR1t 12590
GBRAIJ) A. VBRGIUSIIi
KENNETH M. STENGER
AlBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN :e. PlAMOND
.JOAN F. GARRBrr-4I
KJWrNT. MdmRMOTT
ANGEL 1. FAT.c6N
ANTHONY M. DlWAZIO...
JAMBS P. HORAN."
USAM. COBB
(845) 298.2000
FAX (845) 298-2842
www.vsrp.com
e-mail: info@Y.srp.com
· ADMl'ITBD TO PRACTICE
IN NY "FLA.
.. ADMl'I"tm:> TO P!l.ACTICB
IN NY & CONN.
,... ADMrrrBrl TO PRACTJCIl
IN NY Ir:Nl
June 22, 2009
Via Facsimile 298-1478
Hon. John C. Masterscin, Town Clerk
Town of Wappinger
20 MiddlebW!h Road
. Wappingers Falls, New York 12590
Re: Quick C~ ofWappingers Falls
File No. 12949.0556
Dear Chris:
OF OOUNSBL:
KAREN MacNlSH
LEGAl. ASSlST.~:
AMY E. DECARLO
MAR.1A L. JONES
SANDRA A. OAKlEY
CLOSING COORDINATOR:
SUSAN a CAFFINE
POUGHKBEIPSIB OFFICE
276 MAIN MAlI.
POUGllK.BBPSlB, NY 12601
(845) 452-1040
NBWBUROR OFFICE
299 N. PI..ANK ROAD, SUITS 106
NEWBURGlI, NY 12550
(845)567-3783
~1ECI::IVt:D
JUN ~' .... 2009
TO~^.,'f\j Ct,=D'\
For reasons unknown. I did not receive Dutchess County Department of Planning and
Development's response to the Quick Cash project. Apparently, the applicant is .
attempting to open on Sunday. The license should be limited. to Monday through
Saturday. The applicant should be so notified that Sunday hours of operation are not
permitted.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
Cl1. hLt:- +- p. ~ b L L-tA. J C9+CO
ALBERT P. ROBERTS
APRfso
O:\WappingenPlllI\ningBoard\Quick Cuh\061909 letter to Mastcnon.ctoc
DICTA TED BUT NOT PROOF REAP BY APR
QUICK CASH of WAPPINGER FALLS LLC
2712 E. Tremont Ave.
Bronx, NY 10461
Phone: (718) 892 1954
June 29, 2009
Town of Wappinger
Office of the Town Clerk - Attn: Christine
20 Middlebush Road
Wappingers Falls, NY 12590
Dear Christine:
Enclosed please find our Collateral Loan Broker License which you
requested that I send to you. Please send the new license to my attention
at our corporate address above.
Thank you for your service.
Sincerely,
Joe DeCandido
~ on 0/C;;
Oxford Insurance Agency Group,
Ltd.
255 Oser Avenue
Hauppauge, NY 11788
Phone: 631-434-6666 Fax: 631-434-6993
BOND
OS/28/2009 OS/28/2010
Quick Cash of Wappinger Falls
LLC
1708 Route 9
Wappingers Falls, NY 12590
Named Insured; Quick Cash of Wappinger Falls LLC
1708 Route 9
Wappingers Falls , NY 12590
Bond:
$10,000 Pawnbroker/Jewelry License Bond
Bond Number:
LSM0122324
Insurance Co:
RLI Insurance Co.
Effective Date: 5-28-2009 to 5-28-2010
Premium: $200
PAri IN FULL
~~
/Robin Cohen x-267
RLI@
RLI Insurance Company
P.O. Box 3967 Peoria IL 61612-3967
Phone: (309)692-1000 Fax: (309)683-1610
Acknowledgment of Surety
STATE OF
Illinois
COUNTY OF
Peoria
} ss.
On this 28th day of
May
2009 , before me, a Notary Public in and for said County, personally
appeared
Roy C. Die
, personally known to me, who being by me duly sworn did say that
he/she is the aforesaid
Vice President
of the
RLI Insurance Company
of
Peoria
Illinois
, a corporation duly organized and existing under the laws of
the State of
Illinois
, that the seal affixed to the foregoing instrument is the corporate seal of said
corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of
Directors, and further acknowledge that the said instrument and the execution thereof to be a voluntary act and deed of said
corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official seal the day and year last
above written.
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- NOTARY -
':l PUBUC ~ JACQUELINE M BOCKLER
STATE Of
3 IWNOIS COMMISSION EXPIRES 03/01/]0
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My Commission Expires:
A0007204
RLI@
RLI Insurance Company
P.O. Box 3967 Peoria IL 61612-3967
Phone: (309)692-1000 Fax: (309)683-1610
POWER OF ATTORNEY
RLI Insurance Company
Bond No. LSM0122324
Know All Men by These Presents:
That the RLI Insurance Comoany , a corporation organized and existing under the laws of the State of
Illinois , and authorized and licensed to do business in all states and the District of Columbia does hereby make,
constitute and appoint: Roy C. Die in the City of Peoria , State of
Illinois , as Vice President , with full power and authority hereby conferred upon him/her to sign,
execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an
amount not to exceed One Million and 00/100 Dollars ( $ 1.000.000.00 ) for any single
obligation, and specifically for the following described bond.
Principal:
Quick Cash ofWappingers Falls LLC
Obligee:
Town of Wappinger
(Valid only when a County, City, Town or Village is named as Obligee)
Type Bond: Pawnbroker
Bond Amount: $ 10,000.00
Effective Date: May 28, 2009
The RLI Insurance Company
Resolution adopted by the Board of Directors of
further certifies that the following IS a true and exact copy of a
RLI Insurance Company , and now in force to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or
by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the corporatiol}. The signature of any such officer and the
corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the
its Vice President
RLI Insurance Company
with its corporate seal affixed this 28th
has caused these presents to be executed by
day of May 2009
Assistant Secretary
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RLI Insurance Company
ATTEST:
Vice President
On this 28th day of May
and Cynthia S Dohm
Vice President
RLI Insurance Company
said corporation.
as
, 2009 before me, a Notary Public, persona peared Roy C. Die
, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
and Assistant Secretary , respectively, of the said
, and acknowledged said instrument to be the voluntary act and deed of
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= NOTARY =
~ s~\i':&' ~ JACQUELINE M. BOCKLER
IWNO~ COMMISSION EXPIRES 03/01/10
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A0083506
RLI@
RLI Insurance Company
P.O. Box 3967 Peoria IL 61612-3967
Phone: (309)692- I 000 Fax: (309)683- I 6 I 0
CONTINUOUS LICENSE AND
PERMIT BOND
Bond No. LSMOI22324
KNOW ALL MEN BY THESE PRESENTS:
That we, Ouick Cash ofWappingers Falls LLC
1708 Route 9
Wappingers Falls NY 12590
as Principal, and the RLI Insurance Company , a corporation duly
licensed to do business in the State of New York , as Surety, are held and firmly bound unto the
Town ofWappin~er , State of New York
Obligee, in the penal sum of Ten Thousand and 00/100
DOLLARS ( $ 10.000.00 ), lawful money of the United States, to be paid to the said Obligee, for which payment well and
truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed as a(n)
Pawnbroker by the Obligee.
NOW, THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances,
including all Amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in
full force and effect for a period commencing on the 28th day of May 2009
This bond may be terminated at any time by the Surety upon sending written notice to the clerk of the Political Subdivision with whom
this bond is filed and to the Principal, addressed to them at their first known address, and at the expiration of thirty (30) days from the
mailing of said notice, or as soon thereafter as permitted by applicable law, whichever is later, this bond shall terminate and the Surety
shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date.
Dated this --2.8.th... day of
May
2009
Quick Cash ofWappingers Falls LLC
Bar~ #~
(Individual Partner or Corporate Officer)
Owner
RLI Insurllnce Company
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By
Roy C. Die
Vice President
R0060NJ604-30,30
Individual Acknowledgment
State of
County of
On the
day of
, before me personally appeared
to me known and known to me to be the person described in and who executed the foregoing instrument and he/she
thereupon acknowledged to me that he/she executed the same.
Notary Public
Partnership Acknowledgment
State of
County of
On the
day of
, before me personally appeared
to me known and known to me to be one of the firm of
described in and who executed the foregoing instrument and he/she thereupon acknowledged to me that he/she executed
the same as and for the act and deed of said firm.
Notary Public
Corporate Acknowledgment
New York
State of
County of
On the
IS t-
day of
Barbara Buoninfante
depose and say that he/she is the
'Jt.t. V\. ~
?--<..r9 ( , before me personally appeared
to me known, who being by me duly sworn, did
Owner of the
Quick Cash ofWappin~ers Falls LLC
the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation;
that the seal affix to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said
corporation; and that he/she signed his/her name thereto by like order.
~
-
Notary Public
nOREEN CHRISTIE
Norary Public. Slale of New York
No.Ol CH4930446
Q~8Ii~ed in Bronx County
CommIssion Expires May 9. 2o..jD
A3103N04
RLI@
RLllnsurance Company
P.O. Box 3967 Peoria IL 61612-3967
Phone: (309)692-1000 Fax: (309)683-1610
RLllnsurance Company
December 31, 2008
Admitted Assets
Investments:
Fixed maturities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
Equity securities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Short-term investments. . . . . . . . . . . . . . . . . . . . . . . . .
Real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cash on hand and on deposit. . . . . . . . . . . . . . . . . . . . . . .
Other invested assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Receivables for securites. . . . . . . . . . . . . . . . . . . . . . . . . .
Agents' balances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investment income due and accrued . . . . . . . . . . . . . . . . .
Funds held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reinsurance recoverable on paid losses . . . . . . . . . . . . . .
Federal income taxes receivable . . . . . . . . . . . . . . . . . . . .
Net deferred tax asset. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Electronic data processing equipment,
net of depreciation . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Receivable from affiliates. . . . . . . . . . . . . . . . . . . . . . . . . .
Other admitted assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
473,418,131
636,590,162
61,865,001
8,781,991
-5,174,941
o
16,925,208
45,787,561
6,120,428
4,000
6,367,879
o
18,363.143
617,907
4,863,045
4,544,152
Total Admitted Assets. .. . . ...... . . ..... . . ...... . .. $ 1,279,073,667
State of Illinois
}
County of Peoria
Liabilities and Surplus
Liabilities:
Reserve for unpaid losses and loss
adjustment expenses. . . . . . . . . . . . . . . . . . . . . . .. $
Unearned premiums. . . . . . . . . . . . . . . . . . . . . . . . . .
Accrued expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Funds held. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Advance premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amounts withheld. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ceded reinsurance premium payable . . . . . . . . . . . . .
Payable for securities . . . . . . . . . . . . . . . . . . . . . . . . .
Statutory penalties . . . . . . . . . . . . . . . . . . . . . .
Current federal & foreign income taxes . . . . . . . . . . . .
Federal income tax payable. . . . . . . . . . . . . . . . . . . . .
Borrowed money and accrued interest
Drafts outstandi ng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payable to affiliate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
351,089,629
148,165,761
46,098,588
608,919
3,785,888
32,095,258
15,421,779
o
838,000
208,160
o
o
o
o
2,720,516
Total Liabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 601,032,498
Surplus:
Common stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
Additional paid-in capital .......................
Unassigned surplus. . . . . . . . . . . . . . . . . . . . . . . . .
Total Surplus
Total Liabilities and Surplus
10,000,375
242,451,084
425,589,710
$ 678,041,169
$ 1,279,073,667
The undersigned, being duly sworn, says: That he is the President of RLllnsurance Company; that said Company is a
corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of
New York and has duly complied with all the requirements of the laws of said State applicable of
said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly
qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his
knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said
Company on the 31st day of December 2008.
Attest:
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{corporate}
Seal
Affixed
Sworn to before me this 8th day of March, 2009
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~ =' ~ JACQUELINE M. BOCKlER
STATEOf'
ILLINOIS COMMI:'$ION eXPIRES 03101110
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{Notarial }
Seal
Affixed
~~
Vice President
Cynthia S. Dohm
Assistant Secretary
e.,G
Notary Public, State of Illinois
M0058309
Oxford Insurance Agency Group,
Ltd.
255 Oser Avenue
Hauppauge, NY 11788
Phone: 631-434-6666 Fax: 631-434-6993
MEMO
Page 1
BOND
OS/28/2009 OS/28/2010
Quick Cash of Wappinger Falls
LLC
1708 Route 9
Wappingers Falls, NY 12590
Named Insuredi Quick Cash of Wappinger Falls LLC
1708 Route 9
Wappingers Falls 12590
Bond:
$10,000 Pawnbroker/Jewelry License Bond
Bond Number:
8-48628
Insurance Co:
NGM Insurance Co.
Effective Date: 5-28-2009 to 5-28-2010
Premium:
$200
PA..!JfTj. I INN F FULL
~~
10bin Coben x-267
~NGM INSURANCE COMPANY
A member of The Main Street America Group
POWER OF ATTORNEY
S-438628
KNOW ALL MEN BY THESE PRESENTS: That the NGM Insurance Company, a Florida corporation having its principal office
in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company, to wit:
"SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power
and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal
of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond,
recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power
and authority given to them."
does hereby make, constitute and appoint Robin D Cohen its true and lawful Attorney-in-fact, to make,
execute, seal and deliver for and on its behalf, and as its act and deed bond number S-438628 dated May 28 , 2009
on behalf of Quick Cash of Wappingers Falls LLC
in favor of Town of Wappinger
for Ten Thousand and 00/100 Dollars ($ 10 000 00 )
and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the d~ly a~thorized
officers of the NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors
of N GM Insurance Company at a meeting duly called and held on the 2nd day of December 1977.
V oted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking,
recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted
by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon
the company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Senior Vice President and its
corporate seal to be hereto affixed this I sl day of March, 2007.
NOM INSURANCE COMPANY By:
7-'" ~ ~~
/ Susan Mack
Senior Vice President
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State of Florida,
County of Duval
On this 1 sl day of March, 2007 before the subscriber a Notary Public of State of Florida in and for the County of Duval duly
commissioned and qualified, came Susan Mack of the NGM Insurance Company, to me personally known to be the officer described
herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed
and said that he is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said
Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority
and direction of the said Company; that Article V, Section 2 of the By-Laws of said Company is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Jacksonville, Florida this 1st day of March, 2007.
~ G)'PoAo Harrell
. ~.: Commission' 00464125
, Expires August 21, 2009
Iff., _T..,'....__... _1'01'
I, Brian J Beggs, Vice President of the NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct
copy of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF, I have hereunto
set my hand and affixed the seal of said Company at Jacksonville, Florida this 28 day of May 2009
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WARNING: Any unauthorized reproduction or alteration of this document is prohibited.
TO CONFIRM VALIDITY of the attached bond please call 1-603-358-1343.
TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept.
or call our Bond Claim Dept. at 1-603-358-1206.
LICENSE OR PERMIT BOND
BOND NO. S-438628
KNOW ALL MEN BY THESE PRESENTS THAT WE,
Quick Cash of Wappingers Falls LLC
1708 Route 9
of
NGM Insurance ComDanv
office at 220 Salina Meadows Pkwy Ste200
are held and firmly bound unto
Town of Wappinger
Wappingers Falls, NY 12509 as Principal, and
, a Florida corporation with its principal
Syracuse, NY 13221-4742 , as Surety,
in the sum of Ten Thousand and 00/100 Dollars
($ 10,000.00 ), for the payment of which sum, well and truly to be made, we bind ourselves, our
personal representatives, successors and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is such, that whereas the Principal has obtained, or shall obtain, a license or permit from
the Obligee for Pawnbroker/Jewelry Store
at 1708 Route 9 Wappinger Falls, NY 12590
May 2009 and ending on the 28th
for the term commencing on the 28th
day of May 2010
day of
NOW, THEREFORE, if Principal shall faithfully observe and comply with all terms of the underlying license or permit,and
all Ordinances, Rules and Regulations, and any Amendments thereto, applicable to the obligation of this bond, then this
obligation shall become void and of no effect, otherwise to be and remain in full force and virtue.
The Surety may, if it shall so elect, cancel this bond by giving thirty (30) days written notice to the Obligee and the bond
shall be deemed canceled at the expiration of said period; the Surety remaining liable, however subject to all the terms,
conditions and provisions of this bond, for any act or acts covered which may have been committed by the Principal up to
the date of such cancellation.
PROVIDED, HOWEVER, that this bond may be continued from year to year by certificate executed by the Surety hereon.
Regardless of the number of years or terms this bond remains in effect, and regardless of the number and amount of
claims that may be made, the maximum aggregate liability of the Surety is limited to the penal sum of the bond.
SIGNED, SEALED AND DATED on this 28th
day of May
2009
Ouick Cash of Wappingers Falls LLC
By ~~~
NGM Insurance Company
By ~Jj ~
Robin D Cohen
Attorney-in-Fact
68-QQ-0002
FOR PRINCIPAL'S USE ONLY (Use Only One)
INDIVIDUAL ACKNOWLEDGEMENT
Unless a Corporation
STATE OF
ss:
COUNTY OF
On this
day of
, before me personally came
to me known and known to me to be the person mentioned and described in and who executed the foregoing instrument
and daily acknowledged to me the execution of the same.
Notary Public
CORPORATE ACKNOWLEDGEMENT
/Vi
~~'(
s-J-.::
On this J day of ~ -- . j-JO" , before me personally came
~ r b~i'\A e,,,,;:) n I n f":"',1~
to me known, who, being by me duly sworn, did dispose and say that he/she resides in
f.d"tOtY\f\. . to! "1. lotO.3
that he/she is the M'~"~r1 j ~b.M l~wlletL of the
Q UIOC Ca ItI eY.s 'Fa J(,$ Uc. ,
the corporation described in and which exe u ed e above instruments; that he/she knows the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that helshe signed his/her name thereto by like Order-?___ \. ~
Notary Public
STATE OF
ss:
COUNTY OF
b fS- esPla...nade
I
SURETY ACKNOWLEDGEMENT
DOREEN CHRISTIE
Notaty Public, State of t.lew York
NO.01 CI14930446
Qualified in Bronx County 0
Commission Expires May 9. 20-J.
FOR SURETY USE ONLY
STATE OF
ss:
COUNTY OF
day of
. before me personally came
On this
to me known, who being by me duly sworn, did depose and say that he/she resides in
County, that he/she is the Attorney-in-fact of
NGM Corporation, and the corporation described in and which executed the above instruments; that he/she knows the
seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by other of
the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order.
Notary Public
58-NY -M004
S-438628
~ THE M.AIN STREET AMERICA GROUP
NGM Insurance Company. Old Dominion Insurance Company
Main Street America Assurance Company. MSA Insurance Company
Information Systems and Services Corporation
I certify that at the Annual Meeting of the Directors of the NGM Insurance Company duly called and held at Jacksonville, Florida on
March 14,2008, the following officers were elected and still remain in office:
THOMAS M. VAN BERKEL..............CHAIRMAN OF THE BOARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER
EDWARD J. KUHL ............................EXECUTIVE VICE PRESIDENT, CHIEF FINANCIAL OFFICER & TREASURER
WILLIAM ANDERSON, DOUGLAS EDEN
ANTONIA M. PORTERFIELD........................................................................................... SENIOR VICE PRESIDENTS
SUSAN MACK ..........................................SENIOR VICE PRESIDENT, GENERAL COUNSEL & SECRETARY
BRIAN J. BEGGS, JOHN THOMPSON, MICHAEL LANCASHIRE,
GEOFFREY S. MOLINA, BARBARA A. PARKER, HENRY J. PIPPINS.........................................VICE PRESIDENTS
JOEL GELB .............................................................................VICE PRESIDENT & CHIEF INFORMATION OFFICER
EDWARD P. LOTKOWSKI................................................................... VICE PRESIDENT & CORPORATE ACTUARY
MARLIN J. CRAWFORD, DAVID S. MEDVIDOFSKY, GREGG EFFNER
SHARON PETRELL DEBRA POSPIEL, RICHARD SCHULTZ,
KEVIN SMICK, , DENNIS B. UHLER .........................................................................ASSISTANT VICE PRESIDENTS
TIMOTHY O. MUZZEY, DEAN DORMAN .................................................. ASSISTANT VICE PRESIDENT/ACTUARY
WILLIAM GARVEY, MICHAEL GROGAN, DEBORAH JANSEN, BRUCE FOX
CATHERINE PARRISH, ROY VIANDS, TIMOTHY COTTON ..........................................ASSISTANT SECRETARIES
THOMAS FRAZiER............................................................................................................. . ASSISTANT TREASURER
RESIDENT VICE PRESIDENTS (Appointed)
MARK BERGER ............................................................................................VICE PRESIDENT, SYRACUSE REGION
STEVE BERRy........................................................................................VICE PRESIDENT,NEW ENGLAND REGION
I further certify that the following statement of the Company is true as take from the records of said Company as of December 31, 2007.
ADMITTED ASSETS
Bonds at Amortized Values ...................... $ 966,032,471
Stocks at Market Value................................ 483,151,940
First Mortgage Loans ...................................... 1,694,330
Real Estate...................................................... 5,425,033
Cash in Office and Banks ............................... (4,850,552)
Short Term Investments ................................ 39,526,450
Agent's Balance (Less than 90 Days) .........236,237,624
Accrued Interest .............................................. 9,134,099
Other Assets.................................................. 80,762,522
TOTAL ADMITTED ASSETS.............. $1,817,113,917
LIABILITIES
Reserve for Losses ............................................. $ 534,743,165
Reserve for Loss Adjustment Expenses ..................99,572,720
Reserve for Unearned Premiums........................... 417,283,967
Reserve for Other Underwriting Expenses...... .........42,108,715
Reserve for Taxes, Licenses, and Fees ...................13,611,173
Loss Drafts in Transit............................................... 17,190,714
Other Liabilities .......................................................73,035,648
Total Liabilities ....................................................1,197,546,102
Policyholders' Surplus ............................................ 619,567,815
TOTAL........................................................... $1,817,113,917
Securities as deposited by law, included above = $ 8,258,593
I further certify that the following is true and exact excerpt from Article IV, Section 2 of the By-Laws of NGM Insurance Company which
is still valid and existing.
"The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint
attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds,
recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to
remove any such attorneys-in-fact at any time and revoke the power and authority given to them."
Subscribed and Sworn to IN WITNESS THEREOF,
before me on this 17th day I hereunto subscribe my
of March, 2008 name and affix the seal of
Q) said company this 17th day
~ fJ ~n;,e:ID004125 of March, 2008
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My Commission Expires
68.1191 (3/08)
DATE:
FROM:
TO:
ATTN:
FAX #:
QUICK CASH of WAPPINGER FALLS LLC
2712 E. Tremont Ave.
Bronx, NY 10461
Phone: (718) 892 1954
COVER PAGE
June .!L, 2009
Joe DeCandido
Town of Wappinger
Chris Masterson
845 298 1478
PHONE: 845 297 5771
Re: Collateral Loan Broker License
. .
Chris,
Enclosed please find:
- two sets of fingerprint cards for Barbara
Buoninfante for you to obtain her criminal history
record
- two - $10,000 Bonds for the Town
Please notify me when the history record is obtained.
Thanks again for your help.
Joe DeCandido
Cell: (914) 227 8287
PERSONAL IDENTIFICATION
INDUSTRIAL
NAME
CLASS.
F.B.I. No
NO. BC.I. No.
.... _-=~~c
, . k b ,po ~:~"--
mpress10ns ta en Y .,,- _c
- ~
1. Ri ht Thumb
.-
---
6. Left Thumb
7. L. Fore Fin er
-'
LEFT HAND Plain Impressions Taken Simultaneously
LEFT HAND - Four Fingers
REF.
-=
: ~ I .:'., '::-)-~
Date
R'GHl HAND
3. R. Middle Fin er
BY
--
4. R. Rin Fin er 5. R. Little Fin er
LEFT HAND
8. L. Middle Fin er
--
L. Thumb
R. Thumb
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_.~---------- -----------
9 L. Rin Fin er
--
i 0 L Little Fin er
PLEASE DO NOT FOLD THIS CARD
RIGHT HAND Plain Impressions Taken Simultaneous
RIGHT HAND - Four Fingers
FC3:
PERSONAL IDENTIFICATION
INDUSTRIAL
NAME
CLASS.
NO.
Impressions taken by ,.. p.
1. Ri ht Thumb
6. Left Thumb
REF.
F.B.\. No.
B.C.\. No.
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=
RIGHT HAND =
3. R. Middle Fin er
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LEFT HAND Plain Impressions Taken Simu!taneously
LEFT HAND - Four Fingers
Date
LEFT HAND
8. L. Middle Fin er
--
L Thumb
R. Thumb
BY
4. R Rin Fin er
-----------_._'--~.-
9 L. Rin Fin er
5. R Little Fin er
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RIGHT HAND Plain Impressions Taken Simultaneous
RIGHT HAND - Four Fingers
FINGER PRINT LABOlIA TORIES
J!IZ2 U.s.A. _1."1711.31201....' 51.11310
PLEASE DO NOT FOLD THIS CAFW
FC3:
COUNTY OF DUTCHESS
LICENSE #00186
William R. Steinhaus, County Executive
Nelson Kranker, Director
Dutchess County
Department of Consumer Affairs
Precious Metal
Exchange Establishment
Owner: Barbara Buoninfante
Lessee: Barbara Buoninfante
DBA: Quick Cash ofWappingers Falls, LLC, 1708 Route 9, Wappingers Falls, NY ]2590
is granted permission to operate said establishment in accordance and compliance with
existing laws and with Dutchess County Law No.8 of ] 987.
This license expires nn May 8, 201 ,;nd mB/ J"~ fnr "7
,~/~
This Hcen is valid for the p riod 0 05/08/09 to 05/08/1 ]
Nelson Kranker, Director, Issuing Officer
THIS LICENSE TO BE POSTED CONSPICUOUSLY
May. 22. 2009 8:11AM
DC Consumer Affairs
No.2751 P. 2
..
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~
D"W1-tcheliJliI Cc>~-ty Adrians~~
She:rKr. O:E~ice
150 North Hamilton Street1 Poughkeepsie, NY 12601
Khk A lmperati
Undemhedff
'"
'f
GeoIge V.krona Jr.
Corrections
Administrator
.
MaIn (M5) 486-3800
Fax t1MS) 4S2-29lf1
TIm (8&S) 486-3888
April 22, 2009
DC Dept. of Consumer Affairs
98 Peach Rd
Poughkeepsie, NY 12603
RE: Precious Metals Applicant BARBARA BUONNFANTE
Dear Holly,
In reference to the application of Barbara A. Buoninfante, be advised the fingerprints have cleared
through the Department of Criminal Justice Services. There are no arrests that would disqualify the
applicant.
The files of the Dutchess COlmty Sheriff s Office do not reflect an arrest record that would disqualify
the applicant or any information that would disqualify the applicant.
AHAlfjl ,
"~AB:rllTG.P.RL.:D.Br..lV..D~..co~ ;;
98 Peach Road
Pougtllccepsie
New York
1260]
(84S) 4i6-2949
Fax (845) 486-2941
crmtlo~of>~~'VlB
Mav.22.2009 8:11AM
DC Consumer Affairs
No.2751 P. 1
. :=:-= Dutcbess
William R. Sad.haul
County ~Ulive
Nclson Kra.ker
Director DATE:
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John J. Matask /
Assistant Director
'/
// FAX#:
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PHONE #:
FROM:
--
~OHN /Y\~/1+<5k.
FAX#:
PHONE #: _ 34<; ~ '1'6-~ ~ ;1'1"1./9
NUMBER OF PAGES TO FOLLOW:
ACTION TO BE TAKEN:
Deliver immediately:
As requested:
For your information:
Please approve & call:
-L
~
OTHER ACTION TO BE T AKl1N:
:J....,." (() R.IM. ,.,.. 1/ ,.., ~\ ~ ~ P.a w.7iU a r;!. c [.LIZ R. L, c.r'l..us ~ ;:::'i). Ie:
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Sending Confirm
Date MAY-22-2009 FRI 08:10AM
Name TOWN CLERK
Tel. (845)298-1478
---------------------------------------------------------------------------
Phone
Pages
Start Time
Elapsed Time
Mode
Result
2982842
2
05-22 08:09AM
00'41"
ECM
Ok
---------------------------------------------------------------------------
06/02/2009 12:57 718892968787
LB NORTHEAST
PAGE 01/03
QUICK CASH of WAPPINGER FALLS LLC
1708 Route 9
Wappingers Falls, New York 12590
Temporary Phone: (914) 227 8287
FAX COVER PAGE
DATE: June 2~ 2009
FROM: Joe DeCandido
TO: Town of Wappinger
ATTN: Chris Masterson
FAX #: 845 297 0579 PHONE: 845 297 5771
# PAGES: 3 (including Cover Page)
Chris,
Last night at the Public Hearing, the Planning Eloard
adopted the resolution granting us a Special Use
Permit. The last thing we need In order to open is a
Collateral Loan Broker license issued by your (]Iffice.
You have the License Application which I droppE.d off
along with the Application Fee. For good order sake,
Barbara Buoninfante, Sole Member, is again gtttting
fingerprinted and I will provide you the two se.ts of
cards, no later than the end of this week. Once
your office sends in the cards, turnaround is us,ually
about 3 weeks.
As you know from our previous correspondencE~, the
Dutchess County Sheriff's office recently obtairlled a
criminal history record on Barbara for Dutchess
County Consumer Affairs. Consumer A1ffairs
subsequently issued Barbara a Precious Mletals
License and they sent you a copy of the letter they
06/02/2009 12:57 718892968787
LB NORTHEAST
PAGE 02/03
received from the sheriff which stated that therle was
nothing in her background which should prohibit her
from being issued a license.
In order that we may begin to operate our bush'less, I
respectfully ask if you could either:
1. send a letter to the sheriff (I've enclo!;ed a
DRAFT for your review) requesting a copy .of the
criminal background history they have, OR
2. grant us a temporary license pendlnll the
outcome of the check which you will initiate
when I provide you with the two sets of
fingerprint cards this week.
Your consideration is greatly appreciated.
Sincerely,
Joe DeCandido
Cell: (914) 227 8287
PS I have for you the requisite 2 - $10,000
performance bonds which will be delivered tc~ you
along with the two sets of fingerprint cards
06/02/2009 12:57 718892968787
LB NORTHEAST
PAGE 03/03
DRAFT
Town of Wappinger
Office of the Town Clerk
20 Middlebush Road
Wappingers Falls, NY 12590
Phone: (845) 297 5771 Fax: 845 297 0579
June 1, 2009
Dutchess County Sherriff's Office
Attn: Detective Letizia
150 N. Hamilton Street
Poughkeepsie. NY 12601
Dear Detective Letizia:
Re: Barbara Buoninfante - Collateral Loan Broker License
Barbara Buoninfante has applied for a Collateral Loan Broker licen~se from
our office. We require that all applicants provide two sets of fin~gerprint
cards prepared by your office, State Police or other entity approved by my
office. Additionally, the applicant is required to consent in writing to
authorize the Town to make a request for the applicant's criminal history
record from the New York State Division of Criminal Justice Services
(DCJS) or approved private company.
I understand that your office recently did fingerprinting and obt~lined a
criminal background check on Barbara Buoninfante for Dutchess County
Consumer Affairs. Once your office received the results, your OffiCE~ sent a
letter to the Department of Consumer Affairs which stated that thE~re was
nothing that should prohibit Barbara Buoninfante from being issued a
Precious Metals License.
Would you be so kind as to provide my office with a copy of the lcriminal
history record which you recently obtained from the New Yorl< State
Division of Criminal Justice Services (DCJS) so that we can process
Barbara Buoninfante's application?
Thank you for your consideration.
Sincerely,
Chis Masterson - Town Clerk
06/02/2009 13:10 718892968787
LB NORTHEAST
PAGE 01/03
DATE:
FROM:
TO:
ATTN:
FAX #:
QUICK CASH of WAPPINGER FALLS LLC
1708 Route 9
Wappingers Falls, New York 12590
Temporary Phone: (914) 227 8287
FAX COVER PAGE
June 2, 2009
Joe DeCandido
Town of Wappinger
Chris Masterson
845 298 1478 PHONE: 845 297 5771
~-\ECE\\IEU
JUN 0 ~ 2009
-.""MI!\\ r! r::r'
# PAGES: 3 (including Cover Page)
Ch ris,
Last night at the Public Hearing, the Planning I~oard
adopted the resolution granting us a Special Use
Permit. The last thing we need in order to opeln is a
Collateral Loan Broker license issued by your ()ffice.
You have the License Application which I dropped off
along with the Application Fee. For good order sake,
Barbara Buoninfante, Sole Member, is again getting
fingerprinted and I will provide you the two sets of
cards, no later than the end of this week.. Once
your office sends in the cards, turnaround is usually
about 3 weeks_
As you know from our previous correspondence, the
Dutchess County Sheriff's office recently obtailned a
criminal history record on Barbara for Out.chess
County Consumer Affairs. Consumer Affairs
s.ubsequently issued Barbara a Precious Jlletals
License and they sent you a copy of the letter they
05/02/2009 13:10 718892968787
LB NORTHEAST
PAGE 02/03
received from the sheriff which stated that there was
nothing in her background which should prohibit her
from being issued a license.
In order that we may begin to operate our business, I
respectfully ask if you could either:
1. send a letter to the sheriff (I've enclosed a
DRAFT for your review) requesting a copy ,of the
criminal background history they have, OR
2. grant us a temporary license pendinSI the
outcome of the check which you will initiate
when I provide you with the two sets of
fingerprint cards this week.
Your consideration is greatly appreciated.
Sincerely,
Joe DeCandido
Cell: (914) 227 8287
PS I have for you the requisite 2 - $10,000
performance bonds which will be delivered to you
along with the two sets of fingerprint cards
""~CE'VEU
{'t\:::
jUN 0 ~ 2009
-'0""",'1\11\1 (" '-::",'
136/132/213139 13:10 718892968787
LB NORTHEAST
PAGE 133/133
DRAFT
Town of Wappinger
Office of the Town Clerk
20 Middlebush Road
Wappingers Falls, NY 12590
Phone: (845) 297 5711 Fax: 845 297 0579
June 2, 2009
Dutchess County Sherrifrs Office
Attn: Detective Letizia
150 N. Hamilton Street
Poughkeepsie, NY 12601
Dear Detective L.etizia:
Re: Barbara Buoninfante - Collateral Loan Broker License
Barbara Buoninfante has applied for a Collateral Loan Broker license from
our office. We require that all applicants provide two sets of fingerprint
cards prepared by your office, State Police or other entity approvt9d by my
office. The applicant has consented to authorize the Town to make a
request for her criminal history record from the New York State Division of
Criminal Justice Services (DCJS).
-'_.WCE\VE\J
f,\ \:.
it!N \1 ~ 2009
_0,",' ~.I"'\ r' r;:r
1 understand that your office recently did fingerprinting and obtained a
criminal background check on Barbara Buoninfante for Dutchess County
Consumer Affairs. Once your office received the results, your office sent a
letter to the Consumer Affairs which stated that there was nothing that
should prohibit Barbara Buoninfante from being issued a Precious Metals
License. Consumer Affairs was kind enough to provide my office with a
copy of the letter.
While Barbara Buoninfante has started the process of providing my office
with new fingerprint cards so that we can have another criminal background
check performed for good order sake, would you be so kind as to provide
my office with a copy of the criminal history record which you recently
obtained from the New York State Division of Criminal JustIce Services
(DCJS) so that we can process Barbara Buoninfante's application?
Thank you for your consideration..
Sincerely,
Chis Masterson - Town Clerk
OS/21/2009 10:24
718892968787
LB NORTHEAST
PAGE 01/01
COUNTY OF DUTCHESS
LICENSE #00186
William R. Steinhaus, County Executive
Nelson Kranker, Director
Dutchess Count)"
Department of C.onsumer Affairs
Precious Metal
Exchange Establishment
Owner: Bat'bara Buoninfal1te
Lessee: Barbara Buoninfante
. DBA: Quick Cash ofWappingers Falls, LLC, 1708 Route 9, Wappingers Fan~ NY J2590
is granted pellnission to operate said establishment in accordance and Compliance with
existing laws and with Dutchess County Law No.8 of 1987.
'"
This Iicen.. """ires on May 8, 20 II, and may be voj<ed for eo.... ) /)
.J~ -",/ / /
This lieen is valid for the . fiad 05108/09 to 05/08111
Nelson Kranker, Director, IsSUing Officer
THIS LICENSE TO BE POSTED CONSPICUOUSLY
Qrnunerc8tl ~~s~ A2reemeJ!t
THIS J...EASE (this Ilte.Sen) d:lt.ted tbiS.L::.. d..y of /Ill'1-rc,j , ;;H:JO(
BETWEEN:
M8V R_1t)" LLC ~ 1798 rt 9 W.ppi..fPS FaDs, NY US90
Telephone; 845 264--0087 Fax: 845 23()'6629
(the "tandlord")
OF TIre FIR8T PART
.AND.
Qufc~ Cull on.VappingeMl FaDs LLC of~7U E. 'l'rehlOdt Ave.
Bronl NY 10461
Telephone: 914227.8287 Fax:
(the "Tena.nt.")
OF nIB SECOND PART
, >,
IN CONSJDERA nON or the l.andlord leuin8 certain premises to the Tenant, the
Te1Wl1 leasing those premises-from the Landlord and the mut1Jal benefits and obJ~18t:ions
set forth in this Lease. the receipt and suffic.iency of which consideration is hereby
acknowledged. the patties: to this L.ease agree as follows:
Basio Terms
.
1. The following basic tenn" are hereby approved by the parties and each reference
in tbi$ Lease to any of the' basic terms win be construed to include the pt'O\'isiQDS
set forth below as well as all of the additional terms and conditions of the
applicable soetions ofthi~ Lease where such basic tettrts are more fully set forth:
a Landlord; MHV Rt'.:4lty LLC
b. Address ofLandlol'd: 1708 n 9 Wappingers Falls, NY 12590
c. Tenant; Quick Ca~1 ofWappingers Palls LLC
d. Address ofTenal1t: 2712 E. Tremont Ave. Bronx NY 10461
e. Operating Name: bfTenant: Quick Cash
f. Term of Lease: The. term of the Lease is for 5 years to commence at 12:00
noon on March 1., 2009.
g. Commencement D;ue of Lease: March lp 2009
h. Base Rent: $2,060.17 per month
1. Permitted Use of.:()J.Y.:m1se$: Finanoial ~i.~s such 8!1 moneYoM6o,b!ll ,II
paymtmt,check cashing,Qell pbones, lottery tiekets;phone catds1 i!4/!ffiM( IMNd,f!ro .
j. Advance rent: FiiS'~ ~l.nd last montb's rent ,9fIrl..rltl h)'lff} .
)(. SeeurltylDamage Deposit: $2,000.00
;,
;i).
Dqf~tiODS . (,
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~ I
2. When used in this Lease, the following expressions will have the meanings
indicated:
a. "Additional Rent" means all amounts payable by the Tenant under this
Lease except Base Rent, whether or not specifically designated as
Additional Rent elsewhere in this Lease;
b. "Building" means the Lands together with all buildings, improvements,
equipment, fixtures, property and facilities from time to time thereon, as
from time to time altered, expanded or reduced by the Landlord in its sole
discretion;
c. "Common Areas and Facilities" mean:
i. those portions of the Building areas, buildings, improvements,
facilities, utilities, equipment and installations in or forming part of
the Building which from time to time are not designated or
intended by the Landlord to be leased to tenants of the Building
including, without limitation, exterior weather walls, roofs,
entrances and exits, parking areas, driveways, loading docks and
area, storage, mechanical and electrical rooms, areas above and
below leasable premises and not included within leasable premises,
security and alarm equipment, grassed and landscaped areas,
retaining walls and maintenance, cleaning and operating equipment
serving the Building; and
11. those lands, areas, buildings, improvements, facilities, utilities,
equipment and installations which serve or are for the useful
benefit of the Building, the tenants of the Building or the Landlord
and those having business with them, whether or not located
within, adjacent to or near the Building and which are designated
from time to time by the Landlord as part of the Common Areas
and Facilities;
d. "Lands" means the land legally described as:
a portion of a building consisting of roughly 1300 sq. ft. .
e. "Leasable Area" means with respect to any rentable premises, the area
expressed in square feet of all floor space including floor space of
mezzanines, if any, determined, calculated and certified by the Landlord
and measured from the exterior face of all exterior walls, doors and
windows, including walls, doors and windows separating the rentable
premises from enclosed Common Areas and Facilities, if any, and from
the center line of all interior walls separating the rentable premises from
adjoining rentable premises. There will be no deduction or exclusion for
any space occupied by or used for columns, ducts or other structural
elements;
f. "Premises" means the store at 1708 rt 9 Wappingers Falls NY 12590;
Leased Premises
3. The Landlord agrees to rent to the Tenant the Premises for only the permitted use
(the "Permitted Use") of a Financial services such as money orders, bill
payment, check cashing,cell phones, lottery tickets,phone cards. Neither the
Premises nor any part of the Premises will be used at any time during the term of
this Lease by Tenant for any purpose other than the Permitted Use.
4. Subject to the provisions of this Lease, the Tenant is entitled to the use of parking
(the 'Parking') on or about the Premises. Only properly insured motor vehicles
may be parked in the Tenant's space.
5. The Landlord reserves the right in its reasonable discretion to alter, reconstruct,
expand, withdraw from or add to the Building from time to time. In the exercise
of those rights, the Landlord undertakes to use reasonable efforts to minimize any
interference with the visibility of the Premises and to use reasonable efforts to
ensure that direct entrance to and exit from the Premises is maintained.
6. The Landlord reserves the right for itself and for all persons authorized by it, to
erect, use and maintain wiring, mains, pipes and conduits and other means of
distributing services in and through the Premises, and at all reasonable times to
enter upon the Premises for the purpose of installation, maintenance or repair, and
such entry will not be an interference with the Tenant's possession under this
Lease.
7. The Landlord reserves the right, when necessary by reason of accident or in order
to make repairs, alterations or improvements relating to the Premises or to other
portions of the Building to cause temporary obstruction to the Common Areas and
Facilities as reasonably necessary and to interrupt or suspend the supply of
electricity, water and other services to the Premises until the repairs, alterations or
improvements have been completed. There will be no abatement in rent because
of such obstruction, interruption or suspension provided that the repairs,
alterations or improvements are made expeditiously as is reasonably possible.
8. Subject to this Lease, the Tenant and its employees, customers and invitees will
have the non-exclusive right to use for their proper and intended purposes, during
business hours in common with all others entitled thereto those parts of the
Common Areas and Facilities from time to time permitted by the Landlord. The
Common Areas and Facilities and the Building will at all times be subject to the
exclusive control and management of the Landlord. The Landlord will operate
and maintain the Common Areas and Facilities and the Building in such manner
as the Landlord determines from time to time.
Term
9. The term of the Lease is for 5 years to commence at 12:00 noon on March 1,
2009.
10. Notwithstanding that the term of this Lease commences on March 1,2009, the
Tenant is entitled to possession of the Premises at 12:00 noon on February 1,
2009.
~
11. Subject to the provisions of this Lease, the Tenant will pay a base rent (the "Base
Rent") of $2,060.17 per month for the Premises, which includes a monthly charge
for the Parking (collectively the "Base Rent"). In addition to the Base Rent, the
Tenant will pay the following taxes to the Landlord: Real Estate Taxes- $2.51 sq
ft, .
12. The Tenant will pay the Base Rent on or before the first of each and every month
of the term of this Lease to the Landlord at 1708 Rt 9 Wappingers Falls NY
12590, or at such other place as the Landlord may later designate.
13. The Base Rent for the Premises will increase over the Term of the Lease as
follows: 3 % base rent and applicable Real Estate tax and maintenance increases..
14. The Tenant will be charged an additional amount of5% after 10 days of the Rent
for any late payment of Rent.
15. In the event that this Lease commences, expires or is terminated before the end of
the period for which any item of Additional Rent or Base Rent would otherwise
be payable or other than at the commencement or end of a calendar month, such
amounts payable by the Tenant will be apportioned and adjusted pro rata on the
basis of a thirty (30) day month in order to calculate the amount payable for such
irregular period.
Use and Occupation
16. The Tenant will use and occupy the Premises only for the Permitted Use and for
no other purpose whatsoever. The Tenant will carry on business under the name
of Quick Cash and will not change such name without the prior written consent of
the Landlord, such consent not to be unreasonably withheld. The Tenant will open
the whole of the Premises for business to the public fully fixtured, stocked and
staffed on the date of commencement of the term and throughout the term, will
continuously occupy and utilize the entire Premises in the active conduct of its
business in a reputable manner on such days and during such hours of business as
may be determined from time to time by the Landlord.
17. The Tenant covenants that the Tenant will carry on and conduct its business from
time to time carried on upon the Premises in such manner as to comply with all
statutes, bylaws, rules and regulations of any federal, provincial, municipal or
other competent authority and will not do anything on or in the Premises in
contravention of any of them.
Advance Rent and Security Deposit
18. On execution of this Lease, The Tenant will pay the Landlord advance rent (the
"Advance Rent") to be held by the Landlord without interest and to be applied on
account of the first and last installments of Base Rent as they fall due and to be
held to the extent not so applied as security for and which may be applied by the
Landlord to the perfonnance of the covenants and obligations of the Tenant under
this Lease.
19. On execution of this Lease, The Tenant will pay the Landlord a security deposit
equal to the amount of $2,000.00 (the "Security Deposit") to be held by the
Landlord without interest. The Landlord will return the Security Deposit to the
Tenant at the end of this tenancy, less such deductions as provided in this Lease
but no deduction will be made for damage due to reasonable wear and tear.
20. The Tenant may not use the Security Deposit as payment for the Rent.
Ouiet Eniovment
21. The Landlord covenants that on paying the Rent and perfonning the covenants
contained in this Lease, the Tenant will peacefully and quietly have, hold, and
enjoy the Premises for the agreed tenn.
Default
22. If the Tenant is in default in the payment of any money, whether hereby expressly
reserved or deemed as rent, or any part of the rent, and such default continues
following any specific due date on which the Tenant is to make such payment, or
in the absence of such specific due date, for the 3 days following written notice by
the Landlord requiring the Tenant to pay the same then, at the option of the
Landlord, this Lease may be tenninated upon 3 days notice and the term will then
immediately become forfeited and void, and the Landlord may without further
notice or any fonn of legal process immediately reenter the Premises or any part
of the Premises and in the name of the whole repossess and enjoy the same as of
its fonner state anything contained in this Lease or in any statute or law to the
contrary notwithstanding.
23. Unless otherwise provided for in this Lease, if the Tenant does not observe,
perfonn and keep each and every of the non-monetary covenants, agreements,
stipulations, obligations, conditions and other provisions of this Lease to be
observed, perfonned and kept by the Tenant and persists in such default, after 10
days following written notice from the Landlord requiring that the Tenant remedy,
correct or comply or, in the case of such default which would reasonably require
more than 10 days to rectify, unless the Tenant will commence rectification
within the said 10 days notice period and thereafter promptly and diligently and
continuously proceed with the rectification of any such defaults then, at the option
of the Landlord, this Lease may be terminated upon 10 days notice and the term
will then immediately become forfeited and void, and the Landlord may without
further notice or any fonn of legal process immediately reenter the Premises or
any part of the Premises and in the name of the whole repossess and enjoy the
same as of its fonner state anything contained in this Lease or in any statute or
law to the contrary notwithstanding.
24. If and whenever:
a. the Tenant's leasehold interest hereunder, or any goods, chattels or
equipment of the Tenant located in the Premises will be taken or seized in
execution or attachment, or if any writ of execution will issue against the
Tenant or the Tenant will become insolvent or commit an act of
bankruptcy or become bankrupt or take the benefit of any legislation that
may be in force for bankrupt or insolvent debtor or become involved in
voluntary or involuntary winding up, dissolution or liquidation
proceedings, or if a receiver will be appointed for the affairs, business,
property or revenues of the Tenant; or
b. the Tenant fails to commence, diligently pursue and complete the Tenant's
work to be performed under any agreement to lease pertaining to the
Premises or vacate or abandon the Premises, or fail or cease to operate or
otherwise cease to conduct business from the Premises, or use or permit or
suffer the use of the Premises for any purpose other than as permitted in
this clause, or make a bulk sale of its goods and assets which has not been
consented to by the Landlord, or move or commence, attempt or threaten
to move its goods, chattels and equipment out of the Premises other than
in the routine course of its business; or
then, and in each such case, at the option of the Landlord, this Lease may be
terminated without notice and the term will then immediately become forfeited
and void, and the Landlord may without notice or any form of legal process
immediately reenter the Premises or any part of the Premises and in the name of
the whole repossess and enjoy the same as of its former state anything contained
in this Lease or in any statute or law to the contrary notwithstanding.
25. In the event that the Landlord has terminated the Lease pursuant to this section,
on the expiration of the time fixed in the notice, if any, this Lease and the right,
title, and interest of the Tenant under this Lease will terminate in the same manner
and with the same force and effect, except as to the Tenant's liability, as if the
date fixed in the notice of cancellation and termination were the end of the Lease.
Distress
26. If and whenever the Tenant is in default in payment of any money, whether
hereby expressly reserved or deemed as rent, or any part of the rent, the Landlord
may, without notice or any form of legal process, enter upon the Premises and
seize, remove and sell the Tenant's goods, chattels and equipment from the
Premises or seize, remove and sell any goods, chattels and equipment at any place
to which the Tenant or any other person may have removed them, in the same
manner as if they had remained and been distrained upon the Premises, all
notwithstanding any rule of law or equity to the contrary, and the Tenant hereby
waives and renounces the benefit of any present or future statute or law limiting
or eliminating the Landlord's right of distress.
Overholdine:
27. If the Tenant continues to occupy the Premises with the written consent of the
Landlord after the expiration or other termination of the term, then, without any
further written agreement, the Tenant will be a month-to-month tenant at a
minimum monthly rental equal to twice the Base Rent and subject always to all of
the other provisions of this Lease insofar as the same are applicable to a month-to-
month tenancy and a tenancy from year to year will not be created by implication
of law.
28. If the Tenant continues to occupy the Premises without the written consent of the
Landlord at the expiration or other termination of the term, then the Tenant will
be a tenant at will and will pay to the Landlord, as liquidated damages and not as
rent, an amount equal to twice the Base Rent plus any Additional Rent during the
period of such occupancy, accruing from day to day and adjusted pro rata
accordingly, and subject always to all the other provisions of this Lease insofar as
they are applicable to a tenancy at wI1I and a tenancy from month to month or
from year to year will not be created by implication of law; provided that nothing
in this clause contained will preclude the Landlord from taking action for
recovery of possession of the Premises.
Additional Ril!hts on Reentry
29. If the Landlord reenters the Premises or terminates this Lease, then:
a. notwithstanding any such termination or the term thereby becoming
forfeited and void, the provisions of this Lease relating to the
consequences of tennination win survive;
b. the Landlord may use such reasonable force as it may deem necessary for
the purpose of gaining admittance to and retaking possession of the
Premises and the Tenant hereby releases the Landlord from all actions,
proceedings, claims and demands whatsoever for and in respect of any
such forcible entry or any loss or damage in connection therewith or
consequential thereupon;
c. the Landlord may expel and remove, forcibly, if necessary, the Tenant,
those claiming under the Tenant and their effects, as allowed by law,
without being taken or deemed to be guilty of any manner of trespass;
d. in the event that the Landlord has removed the property of the Tenant, the
Landlord may store such property in a public warehouse or at a place
selected by the Landlord, at the expense of the Tenant. If the Landlord
feels that it is not worth storing such property given its value and the cost
to store it, then the Landlord may dispose of such property in its sole
discretion and use such funds, ifany, towards any indebtedness of the
Tenant to the Landlord. The Landlord will not be responsible to the
Tenant for the disposal of such property other than to provide any balance
of the proceeds to the Tenant after paying any storage costs and any
amounts owed by the Tenant to the Landlord;
e. the Landlord may relet the Premises or any part of the Premises for a term
or terms which may be less or greater than the balance of the term of this
Lease remaining and may grant reasonable concessions in connection with
such reletting including any alterations and improvements to the Premises;
and
f. after reentry, the Landlord may procure the appointment of a receiver to
take possession and collect rents and profits of the business of the Tenant,
and, if necessary to collect the rents and profits the receiver may carry on
the business of the Tenant and take possession of the personal property
used in the business of the Tenant, including inventory, trade fixtures, and
furnishings, and use them in the business without compensating the
Tenant;
g. after reentry, the Landlord may terminate the Lease on giving 5 days
written notice of termination to the Tenant. Without this notice, reentry of
the Premises by the Landlord or its agents will not terminate this Lease;
h. the Tenant will pay to the Landlord on demand:
i. all rent, Additional Rent and other amounts payable under this
Lease up to the time of reentry or termination, whichever is later;
11. reasonable expenses as the Landlord incurs or has incurred in
connection with the reentering, terminating, reletting, collecting
sums due or payable by the Tenant, realizing upon assets seized;
including without limitation, brokerage, fees and expenses and
legal fees and disbursements and the expenses of keeping the
Premises in good order, repairing the same and preparing them for
reletting; and
iii. as liquidated damages for the loss of rent and other income of the
Landlord expected to be derived from this Lease during the period
which would have constituted the unexpired portion of the term
had it not been terminated, at the option of the Landlord, either:
i. an amount determined by reducing to present worth at an
assumed interest rate of twelve percent (12%) per annum
all Base Rent and estimated Additional Rent to become
payable during the period which would have constituted the
unexpired portion of the term, such determination to be
made by the Landlord, who may make reasonable estimates
of when any such other amounts would have become
payable and may make such other assumptions of the facts
as may be reasonable in the circumstances; or
11. an amount equal to the Base Rent and estimated Additional
Rent for a period of six (6) months.
Inspections
30. The Landlord and the Tenant will complete, sign and date an inspection report at
the beginning and at the end of this tenancy.
31. At all reasonable times during the Term of this Lease and any renewal of this
Lease, the Landlord and its agents may enter the Premises to make inspections or
repairs, or to show the Premises to prospective tenants or purchasers.
Renewal of Lease
32. Upon giving written notice no later than 60 days before the expiration of the term
of this Lease, the Tenant may renew this Lease for an additional term. All terms
of the renewed lease will be the same except for this renewal clause.
Sie:nine: Incentives
33. The Landlord will give, make or perform the following signing incentiv.es~g~
month fre~ rent to start February 2009 than the next 6 months rent-to-be$2?00')
gross startmg March 1 2009 than the next 6 months to be $2250 gr~ ..
September 1 2009. .
Tenant ImDrovements
34. The Tenant will obtain written permission from the Landlord before doing any of
the following:
a. applying adhesive materials, or inserting nails or hooks in walls or ceilings
other than two small picture hooks per wall;
b. painting, wallpapering, redecorating or in any way significantly altering
the appearance of the Premises;
c. removing or adding walls, or performing any structural alterations;
d. installing a waterbed(s);
e. changing the amount of heat or power normally used on the Premises as
well as installing additional electrical wiring or heating units;
f. placing or exposing or allowing to be placed or exposed anywhere inside
or outside the Premises any placard, notice or sign for advertising or any
other purpose; or
g. affixing to or erecting upon or near the Premises any radio or TV antenna
or tower.
Utilities and Other Chare:es
35. The Tenant is responsible for the payment of the following utilities and other
charges in relation to the Premises: electricity, natural gas, water, sewer,
telephone, Internet and cable. The Tenant will also pay for the following:
Maintenance- $1.05 sq ft, Insurance- .50 cents per sq ft first year to begin March 1
2009.
Sie:ns
36. The Tenant may erect, install and maintain a sign of a kind and size in a location,
all in accordance with the Landlord's design criteria for the Building and as first
approved in writing by the Landlord. All other signs, as well as the advertising
practices of the Tenant, will comply with all applicable rules and regulations of
the Landlord. The Tenant will not erect, install or maintain any sign other than in
accordance with this section.
Tenant's Insurance
such reletting including any alterations and improvements to the Premises;
and
f. after reentry, the Landlord may procure the appointment of a receiver to
take possession and collect rents and profits of the business of the Tenant,
and, if necessary to collect the rents and profits the receiver may carry on
the business of the Tenant and take possession of the personal property
used in the business of the Tenant, including inventory, trade fixtures, and
furnishings, and use them in the business without compensating the
Tenant;
g. after reentry, the Landlord may terminate the Lease on giving 5 days
written notice of termination to the Tenant. Without this notice, reentry of
the Premises by the Landlord or its agents will not terminate this Lease;
h. the Tenant will pay to the Landlord on demand:
i. all rent, Additional Rent and other amounts payable under this
Lease up to the time of reentry or termination, whichever is later;
ll. reasonable expenses as the Landlord incurs or has incurred in
connection with the reentering, terminating, reletting, collecting
sums due or payable by the Tenant, realizing upon assets seized;
including without limitation, brokerage, fees and expenses and
legal fees and disbursements and the expenses of keeping the
Premises in good order, repairing the same and preparing them for
reletting; and
lU. as liquidated damages for the loss of rent and other income of the
Landlord expected to be derived from this Lease during the period
which would have constituted the unexpired portion of the term
had it not been terminated, at the option of the Landlord, either:
i. an amount determined by reducing to present worth at an
assumed interest rate of twelve percent (12%) per annum
all Base Rent and estimated Additional Rent to become
payable during the period which would have constituted the
unexpired portion of the term, such determination to be
made by the Land1or~ who may make reasonable estimates
of when any such other amounts would have become
payable and may make such other assumptions of the facts
as may be reasonable in the circumstances; or
ll. an amount equal to the Base Rent and estimated Additional
Rent for a period of six (6) months.
Inspections
30. The Landlord and the Tenant will complete, sign and date an inspection report at
the beginning and at the end of this tenancy.
31. At all reasonable times during the Term of this Lease and any renewal of this
Lease, the Landlord and its agents may enter the Premises to make inspections or
repairs, or to show the Premises to prospective tenants or purchasers.
37. The Tenant will, during the whole of the term and during such other time as the
Tenant occupies the Premises, take out and maintain the following insurance, at
the Tenant's sole expense, in such form as used by solvent insurance companies in
the State of New York:
a. Comprehensive general liability insurance against claims for bodily injury,
including death, and property damage or loss arising out of the use or
occupation of the Premises, or the Tenant's business on or about the
Premises; such insurance to be in the joint name of the Tenant and the
Landlord so as to indemnify and protect both the Tenant and the Landlord
and to contain a "cross liability" and "severability of interestlt clause so
that the Landlord and the Tenant may be insured in the same manner and
to the same extent as if individual policies had been issued to each, and
will be for the amount of not less than $1,000,000.00 combined single
limit or such other amount as may be reasonably required by the Landlord
from time to time; such comprehensive general liability insurance will for
the Tenant's benefit only include contractual liability insurance in a form
and of a nature broad enough to insure the obligations imposed upon the
Tenant under the terms of this Lease.
b. All risks insurance upon its merchandise, stock-in-trade, furniture, fixtures
and improvements and upon all other property in the Premises owned by
the Tenant or for which the Tenant is legally liable, and insurance upon all
glass and plate glass in the Premises against breakage and damage from
any cause, all in an amount equal to the full replacement value of such
items, which amount in the event of a dispute will be determined by the
decision of the Landlord. In the event the Tenant does not obtain such
insurance, it is liable for the full costs of repair or replacement of such
damage or breakage.
c. Boiler and machinery insurance on such boilers and pressure vessels as
may be installed by, or under the exclusive control of, the Tenant in the
Premises.
d. Owned automobile insurance with respect to all motor vehicles owned by
the Tenant and operated in its business.
38. The Tenant's policies of insurance hereinbefore referred to will contain the
following:
a. provisions that the Landlord is protected notwithstanding any act, neglect
or misrepresentation of the Tenant which might otherwise result in the
avoidance of claim under such policies will not be affected or invalidated
by any act, omission or negligence of any third party which is not within
the knowledge or control of the insured(s);
b. provisions that such policies and the coverage evidenced thereby will be
primary and noncontributing with respect to any policies carried by the
Landlord and that any coverage carried by the Landlord will be excess
coverage;
c. all insurance referred to above will provide for waiver of the insurer's
rights of subrogation as against the Landlord; and
d. provisions that such policies of insurance will not be cancelled without the
insurer providing the Landlord thirty (30) days written notice stating when
such cancellation will be effective.
39. The Tenant will further during the whole of the term maintain such other
insurance in such amounts and in such sums as the Landlord may reasonably
determine from time to time. Evidence satisfactory to the Landlord of all such
policies of insurance will be provided to the Landlord upon request.
40. The Tenant will not do, omit or permit to be done or omitted upon the Premises
anything which will cause any rate of insurance upon the Building or any part of
the Building to be increased or cause such insurance to be cancelled. If any such
rate of insurance will be increased as previously mentioned, the Tenant will pay to
the Landlord the amount of the increase as Additional Rent. If any insurance
policy upon the Building or any part of the Building is cancelled or threatened to
be cancelled by reason of the use or occupancy by the Tenant or any such act or
omission, the Tenant will immediately remedy or rectify such use, occupation, act
or omission upon being requested to do so by the Landlord, and if the tenant fails
to so remedy or rectify, the Landlord may at its option terminate this Lease and
the Tenant will immediately deliver up possession of the Premises to the
Landlord.
41. The Tenant will not at any time during the term of this Lease use, exercise, carry
on or permit or suffer to be used, exercised, carried on, in or upon the Premises or
any part of the Premises, any noxious, noisome or offensive act, trade business
occupation or calling, and no act, matter or thing whatsoever will at any time
during the said term be done in or upon the Premises, or any part Premises, which
will or may be or grow to the annoyance, nuisance, grievance, damage or
disturbance of the occupiers or owners of the Building, or adjoining lands or
premIses.
Landlord's InsuraBee
42. The Landlord will take out or cause to be taken out and keep or cause to be kept
in full force and effect during the whole of the term:
a. extended fire and extended coverage insurance on the Building, except
foundations, on a replacement cost basis, subject to such deductions and
exceptions as the Landlord may determine; such insurance will be in a
form or forms normally in use from time to time for buildings and
improvements of a similar nature similarly situate, including, should the
Landlord so elect, insurance to cover any loss of rental income which may
be sustained by the Landlord;
b. boiler and machinery insurance of such boilers and pressure vessels as
may be installed by, or under the exclusive control of, the Landlord in the
Building (other than such boilers and pressure vessels to be insured by the
Tenant hereunder);
c. comprehensive general liability insurance against claims for bodily injury,
including death and property damage in such form and subject to such
deductions and exceptions as the Landlord may determine; provided that
nothing in this clause will prevent the Landlord from providing or
maintaining such lesser, additional or broader coverage as the Landlord
may elect in its discretion.
43. The Landlord agrees to request its insurers, upon written request of the Tenant, to
have all insurance taken out and maintained by the Landlord provide for waiver of
the Landlord's insurers' rights of subrogation as against the Tenant when and to
the extent permitted from time to time by its insurers.
Abandonment
44. If at any time during the term of this Lease, the Tenant abandons the Premises or
any part of the Premises, the Landlord may, at its option, enter the Premises by
any means without being liable for any prosecution for such entering, and without
becoming liable to the Tenant for damages or for any payment of any kind
whatever, and may, at the Landlord's discretion, as agent for the Tenant, relet the
Premises, or any part of the Premises, for the whole or any part of the then
unexpired term, and may receive and collect all rent payable by virtue of such
reletting, and, at the Landlord's option, hold the Tenant liable for any difference
between the Rent that would have been payable under this Lease during the
balance of the unexpired term, if this Lease had continued in force, and the net
rent for such period realized by the Landlord by means of the reletting. If the
Landlord's right of reentry is exercised following abandonment of the premises by
the Tenant, then the Landlord may consider any personal property belonging to
the Tenant and left on the Premises to also have been abandoned, in which case
the Landlord may dispose of all such personal property in any manner the
Landlord will deem proper and is relieved of all liability for doing so.
Subordination and Attornment
45. This Lease and the Tenant's rights under this Lease will automatically be
subordinate to any mortgage or mortgages, or encumbrance resulting from any
other method of financing or refinancing, now or afterwards in force against the
Lands or Building or any part of the Lands or Building, as now or later
constituted, and to all advances made or afterwards made upon such security; and,
upon the request of the Landlord, the Tenant will execute such documentation as
may be required by the Landlord in order to confirm and evidence such
subordination.
46. The Tenant will, in the event any proceedings are brought, whether in foreclosure
or by way of the exercise of the power of sale or otherwise, under any other
mortgage or other method of financing or refinancing made by the Landlord in
respect of the BuildiJl&or any portion of the Building, attorn to the encumbrancer
upon any such foreclosure or sale and recognize such encumbrancer as the
Landlord under this Lease, but only if such encumbrancer will so elect and
require.
47. Upon the written request of the Tenant, the Landlord agrees to request any
mortgagee or encumbrancer of the Lands (present or future) to enter into a non-
disturbance covenant in favor of the Tenant, whereby such mortgagee or
encumbrancer will agree not to disturb the Tenant in its possession and enjoyment
of the Premises for so long as the Tenant is not in default under this Lease.
Re2istration of Caveat
48. The Tenant will not register this Lease, provided, however, that:
a. The Tenant may file a caveat respecting this Lease but will not be entitled
to attach this Lease, and, in any event, will not file such caveat prior to the
commencement date of the term. The caveat will not state the Base Rent
or any other financial provisions contained in this Lease.
b. If the Landlord's permanent financing has not been fully advanced, the
Tenant covenants and agrees not to file a caveat until such time as the
Landlord's permanent financing has been fully advanced.
Estoppel Certificate and Acknowled2ement
49. Whenever requested by the Landlord, a mortgagee or any other encumbrance
holder or other third party having an interest in the Building or any part of the
Building, the Tenant will, within ten (10) days of the request, execute and deliver
an estoppel certificate or other form of certified acknowledgement as to the
Commencement Date, the status and the validity of this Lease, the state of the
rental account for this Lease, any incurred defaults on the part of the Landlord
alleged by the Tenant, and such other information as may reasonably be required.
Sale bv Landlord
50. In the event of any sale, transfer or lease by the Landlord of the Building or any
interest in the Building or portion of the Building containing the Premises or
assignment by the Landlord of this Lease or any interest of the Landlord in the
Lease to the extent that the purchaser, transferee, tenant or assignee assumes the
covenants and obligations of the Landlord under this Lease, the Landlord will
without further written agreement be freed and relieved of liability under such
covenants and obligations. This Lease may be assigned by the Landlord to any
mortgagee or encumbrancee of the Building as security.
Tenant's Indemnitv
51. The Tenant will and does hereby indemnify and save harmless the Landlord of
and from all loss and damage and all actions, claims, costs, demands, expenses,
fines, liabilities and suits of any nature whatsoever for which the Landlord will or
maybeoome liable, incur Qr suffer by reason of a breach, violation or
nonperformance by the Tenant of any covenant, term or provision hereof or by
reason of any builders' or other liens for any work done or materials provided or
services rendered for alterations, improvements or repairs, made by or on behalf
of the Tenant to the Premises, or by reason of any injury occasioned to or suffered
by any person or damage to any property, or by reason of any wrongful act or
omission, default or negligence on the part of the Tenant or any of its agents,
concessionaires, contractors, customers, employees, invitees or licensees in or
about the Building.
52. It is agreed between the Landlord and the Tenant that the Landlord will not be
liable for any loss, injury, or damage to persons or property resulting from falling
plaster, steam, electricity, water, rain, snow or dampness, or from any other cause.
53. It is agreed between the Landlord and the Tenant that the Landlord will not be
liable for any loss or damage caused by acts or omissions of other tenants or
occupants, their employees or agents or any persons not the employees or agents
of the Landlord, or for any damage caused by the construction of any public or
quasi-public works, and in no event will the Landlord be liable for any
consequential or indirect damages suffered by the Tenant.
54. It is agreed between the Landlord and the Tenant that the Landlord will not be
liable for any loss, injury or damage caused to persons using the Common Areas
and Facilities or to vehicles or their contents or any other property on them, or for
any damage to property entrusted to its or their employees, or for the loss of any
property by theft or otherwise, and all property kept or stored in the Premises will
be at the sole risk of the Tenant.
Liens
-
55. The Tenant will immediately upon demand by the Landlord remove or cause to be
removed and afterwards institute and diligently prosecute any action pertinent to
it, any builders' or other lien or claim of lien noted or filed against or otherwise
constituting an encumbrance on any title of the Landlord. Without limiting the
foregoing obligations of the Tenant, the Landlord may cause the same to be
removed, in which case the Tenant will pay to the Landlord as Additional Rent,
such cost including the Landlord's legal costs.
Attornev Fees
56. All costs, expenses and expenditures including and without limitation, complete
legal costs incurred by the Landlord on a solicitor/client basis as a result of
unlawful detainer of the Premises, the recovery of any rent due under the Lease,
or any breach by the Tenant of any other condition contained in the Lease, will
forthwith upon demand be paid by the Tenant as Additional Rent. All rents
including the Base Rent and Additional Rent will bear interest at the rate of
Twelve (12%) per cent per annum from the due date until paid.
(;overDiD!! Law
57. It is the intention of the parties to this Lease that the tenancy created by this Lease
and the performance under this Lease, and all suits and special proceedings under
this Lease, be construed in accordance with and governed, to the exclusion of the
law of any other forum, by the laws of the State of New York, without regard to
the jurisdiction in which any action or special proceeding may be instituted.
Severabilitv
58. If there is a conflict between any provision of this Lease and the applicable
legislation of the State of New York (the "Act"), the Act will prevail and such
provisions of the Lease will be amended or deleted as necessary in order to
comply with the Act. Further, any provisions that are required by the Act are
incorporated into this Lease.
59. If there is a conflict between any provision of this Lease and any form oflease
prescribed by the Act, that prescribed form will prevail and such provisions of the
lease will be amended or deleted as necessary in order to comply with that
prescribed form. Further, any provisions that are required by that prescribed form
are incorporated into this Lease.
Maintenance
60. The Tenant will, at its sole expense, keep and maintain the Premises and
appurtenances in good and sanitary condition and repair during the term of this
Lease and any renewal of this Lease.
61. The Tenant will be responsible at its own expense to replace all electric light
bulbs, tubes, ballasts or fixtures serving the Premises.
62. Major maintenance and repair of the Premises involving anticipated or actual
costs in excess of $100.00 per incident not due to the Tenant's misuse, waste, or
neglect or that of the Tenant's employee, family, agent, or visitor, will be the
responsibility of the Landlord or the Landlord's assigns.
Amendment of Lease
63. Any amendment or modification of this Lease or additional obligation assumed
by either party to this Lease in connection with this Lease will only be binding if
evidenced in writing signed by each party or an authorized representative of each
party.
Additional Provisions
64. Tenant agrees to carry Commercial General Liability Insurance on the Demised
premises during the term and name Landlord as additional insured. Such
Insurance shall be for limits of not less than One Million Dollars ($1,000,000) per
occurence combined bodily injury and property damage liability.Iftenant decides
to terminate prior to end of lease, tenant will pay landlord 4 months rent..
Damaee to Premises
65. If the Premises, or any part of the Premises, will be partially damaged by fire or
other casualty not due to the Tenant's negligence or wiUful act or that of the
Tenant's employee, family, agent, or visitor, the Premises wiU be promptly
repaired by the Landlord and there win be an abatement of rent corresponding
with the time during which, and the extent to which, the Premises may have been
untenantable. However, if the Premises should be damaged other than by the
Tenant's negligence or willful act or that of the Tenant's employee, family, agent,
or visitor to the extent that the Landlord will decide not to rebuild or repair, the
term of this Lease will end and the Rent will be prorated up to the time of the
damflge.
Eminent Domain and Exorooriation
66. If during the term of this Lease, title is taken to the whole or any part of the
Building by any competent authority under the power of eminent domain or by
expropriation, which taking, in the reasonable opinion of the Landlord, does not
leave a sufficient remainder to constitute an economically viable building, the
Landlord may at its option, terminate this Lease on the date possession is taken by
or on behalf of such authority. Upon such termination, the Tenant will
immediately deliver up possession of the Premises, Base Rent and any Additional
Rent will be payable up to the date of such termination, and the Tenant will be
entitled to be repaid by the Landlord any rent paid in advance and unearned or an
appropriate portion of that rent. In the event of any such taking, the Tenant will
have no claim upon the Landlord for the value of its property or the unexpired
portion of the term of this Lease, but the parties will each be entitled to separately
advance their claims for compensation for the loss of their respective interests and
to receive and retain such compensation as may be awarded to each respectively.
If an award of compensation made to the Landlord specifically includes an award
for the Tenant, the Landlord will account for that award to the Tenant and vice
versa.
Condemnation
67. A condemnation of the Building or any portion of the Premises will result in
termination of this Lease. The Landlord will receive the total of any consequential
damages awarded as a result of the condemnation proceedings. All future rent
installments to be paid by the Tenant under this Lease will be terminated.
Tenant's Reoairs and Alterations
68. The Tenant covenants with the Landlord to occupy the Premises in a tenant-like
manner and not to permit waste. The Tenant will at all times and at its sole
expense, subject to the Landlord's repair, maintain and keep the Premises,
reasonable wear and tear, damage by fire, lightning. tempest, structural repairs,
and repairs necessitated from hazards and perils against which the Landlord is
required to insure excepted. Without limiting the generality of the foregoing, the
Tenant will keep, repair, replace and maintain all glass, wiring, pipes and
mechanical apparatus in, upon or serving the Premises in good and tenantable
repair at its sole expense. When it becomes (or, acting reasonably, should have
become) aware of same, the Tenant will notify the Landlord of any damage to or
deficiency or defect in any part of the Premises or the Building.
69. The Tenant covenants with the Landlord that the Landlord, its servants, agents
and workmen may enter and view the state of repair of the Premises and that the
Tenant will repair the Premises according to notice in writing received from the
Landlord, subject to the Landlord's repair obligations. If the Tenant refuses or
neglects to repair as soon as reasonably possible after written demand, the
Landlord may, but will not be obligated to, undertake such repairs without
liability to the Tenant for any loss or damage that may occur to the Tenant's
merchandise, fixtures or other property or to the Tenant's business by such reason,
and upon such completion, the Tenant will pay, upon demand, as Additional Rent,
the Landlord's cost of making such repairs plus fifteen percent (15%) of such cost
for overhead and supervision.
70. The Tenant will keep in good order, condition and repair the non-structural
portions of the interior of the Premises and every part thereof, including, without
limiting the generality of the foregoing, all equipment within the Premises,
fixtures, walls, ceilings, floors, windows, doors, plate glass and skylights located
within the Premises. Without limiting the generality of the foregoing, the Tenant
will keep, repair, replace and maintain all glass, wiring, pipes and mechanical
apparatus in, upon or serving the Premises in good and tenantable repair at its sole
expense. When it becomes (or, acting reasonably, should have become) aware of
same, the Tenant will notify the Landlord of any damage to or deficiency or
defect in any part of the Premises or the Building. The Tenant will not use or keep
any device which might overload the capacity of any floor, wall, utility, electrical
or mechanical facility or service in the Premises or the Building.
71. The Tenant will not make or have others make alterations, additions or
improvements or erect or have others erect any partitions or install or have others
install any trade fixtures, exterior signs, floor covering, interior or exterior
lighting, plumbing fixtures, shades, awnings, exterior decorations or make any
changes to the Premises or otherwise without first obtaining the Landlord's
written approval thereto, such written approval not to be unreasonably withheld in
the case of alterations, additions or improvements to the interior of the Premises.
72. The Tenant will not install in or for the Premises any special locks, safes or
apparatus for air-conditioning, cooling, heating, illuminating, refrigerating or
ventilating the Premises without first obtaining the Landlord's written approval
thereto. Locks may not be added or changed without the prior written agreement
of both the Landlord and the Tenant.
73. When seeking any approval of the Landlord for Tenant repairs as required in this
Lease, the Tenant will present to the Landlord plans and specifications of the
proposed work which will be subject to the prior approval of the Landlord, not to
be unreasonably withheld or delayed.
74. The Tenant will promptly pay aU contractors, material suppliers and workmen so
as to minimize the possibility of a lien attaching to the Premises or the Building.
Should any claim of lien be made or filed the Tenant will promptly cause the
same to be discharged.
75. The Tenant will be responsible at its own expense to replace all electric light
bulbs, tubes, ballasts or fixtures serving the Premises.
Landlord's ReDairs
76. The Landlord covenants and agrees to effect at its expense repairs of a structural
nature to the structural elements of the roof, foundation and outside walls of the
Building, whether occasioned or necessitated by faulty workmanship, materials,
improper installation, construction defects or settling, or otherwise, unless such
repair is necessitated by the negligence of the Tenant, its servants, agents,
employees or invitees, in which event the cost of such repairs will be paid by the
Tenant together with an administration fee of fifteen percent (15%) for the
Landlord's overhead and supervision.
Care and Use of Premises
77. The Tenant will promptly notify the Landlord of any damage, or of any situation
that may significantly interfere with the normal use of the Premises or to any
furnishings supplied by the Landlord.
78. Vehicles which the Landlord reasonably considers unsightly, noisy, dangerous,
improperly insured, inoperable or unlicensed are not permitted in the Tenant's
parking stall(s), and such vehicles may be towed away at the Tenant's expense.
Parking facilities are provided at the Tenant's own risk. The Tenant is required to
park in only the space allotted to them.
79. The Tenant will not make (or allow to be made) any noise or nuisance which, in
the reasonable opinion of the Landlord, disturbs the comfort or convenience of
other tenants.
80. The Tenant wIll dispose of its trash in a timely, tidy, proper and sanitary manner.
81. The Tenant will not engage in any illegal trade or activity on or about the
Premises.
82. The Landlord and Tenant will comply with standards of health, sanitation, fire,
housing and safety as required by law.
83. The hallways, passages and stairs of the building in which the Premises are
situated will be used for no purpose other than going to and from the Premises
and the Tenant will not in any way encumber those areas with boxes, furniture or
other material or place or leave rubbish in those areas and other areas used in
common with any other tenant.
Surrender of Premises
84. The Tenant Covenants to surrender the Premises, at the expiration of the tenancy
created in this Lease, in the same condition as the Premises were in upon delivery
of possession under this Lease, reasonable wear and tear, damage by fire or the
elements, and unavoidable casualty excepted, and agrees to surrender aU keys for
the Premises to the Landlord at the place then fixed for payment of rent and will
inform the Landlord of all combinations to locks, safes and vaults, if any. All
alterations, additions and improvements constructed or installed in the Premises
and attached in any manner to the floor, walls or ceiling, including any leasehold
improvements, equipment, floor covering or fixtures (including trade fixtures),
will remain upon and be surrendered with the Premises and will become the
absolute property of the Landlord except to the extent that the Landlord requires
removal of such items. If the Tenant abandons the Premises or if this Lease is
terminated before the pmper expiration of the term due to a default on the part of
the Tenant then, in such event, as of the moment of default of the Tenant all trade
fixtures and furnishings of the Tenant (whether or not attached in any manner to
the Premises) will, except to the extent the Landlord requires the removal of such
items, become and be deemed to be the property of the Landlord without
indemnity to the Tenant and as liquidated damages in respect of such default but
without prejudice to any other righter remedy of the Landlord. Notwithstanding
that any trade fixtures, furnishings, alterations, additions, improvements or
fixtures are or may become the property of the Landlord, the Tenant will
immediately remove all or part of the same and win make good any damage
caused to the Premises resulting from the installation or removal of such fixtures,
all at the Tenant's expense, should the Landlord so require by notice to the
Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to
promptly remove any trade fixtures, furnishings, alterations, improvements and
fixtures in accordance with such notice, the Landlord may enter into the Premises
and remove from the Premises aU or part of such trade fixtures, furnishings,
alterations, additions, improvements and fixtures without any liability and at the
expense of the Tenant, which expense wiU immediately be paid by the Tenant to
the Landlord. The Tenant's obligation to observe or perform the covenants
contained in this Lease will survive the expiration or other termination of the term
of this Lease.
Hazardous Materials
85. The Tenant will not keep or have on the Premises any article or thing of a
dangerous, flammable, or explosive character that might unreasonably increase
the danger of fire on the Premises or that might be considered hazardous by any
responsible insurance company.
Rules and Reflulations
86. The Tenant will obey all rules and regulations posted by the Landlord regarding
the use and care of the Building, parking lot, laundry room and other common
facilities that are provided for the use of the Tenant in and around the Building on
the Premises.
Address for Notice
87. For any matter relating to this tenancy, whether during or after this tenancy has
been terminated:
a. the address for service of the Tenant is the Premises during this tenancy,
and 2712 E. Tremont Ave. Bronx NY 10461 after this tenancy is
terminated. The phone number of the Tenant is 914 227.8287; and
b. the address for service of the Landlord is 1708 rt 9 Wappingers Falls, NY
12590, both during this tenancy and after it is terminated.
The Landlord or the Tenant may, on written notice to each other, change their
respective addresses for notice under this Lease.
Ril!ht to Show Premises
88. The Tenant acknowledges that the Landlord or its agent will have the right to
enter the Premises at all reasonable times to show them to prospective purchasers,
encumbrancers, lessees or assignees, and may also during the ninety days
preceding the termination of the terms of this Lease, place upon the Premises the
usual type of notice to the effect that the Premises are for rent, which notice the
Tenant will permit to remain on them.
No Waiver
89. No provision of this Lease will be deemed to have been waived by the Landlord
unless a written waiver from the Landlord has first been obtained and, without
limiting the generality of the foregoing, no acceptance of rent subsequent to any
default and no condoning, ex~ng {)f QVerlooking by the Landlord on previous
occasions of any default nor any earlier written waiver will be taken to operate as
a waiver by the Landlord or in any way to defeat or affect the rights and remedies
of the Landlord.
Landlord's Performance
90. Notwithstanding anything to the contrary contained in this Lease, if the Landlord
is delayed or hindered or prevented :from the performance of any term, covenant
or act required under this Lease by reason of strikes, labor troubles, inability to
procure materials or services, power failure, restrictive governmental laws or
regulations, riots, insurrection, sabotage, rebellion, war, act of God or other
reason, whether of a like nature or not, which is not the fault of the Landlord, then
performance of such term, covenant or act will be excused for the period of the
delay and the Landlord will be entitled to perform such term, covenant or act
within the appropriate time period after the expiration of the period of such delay.
Remedies Cumulative
91. No reference to or exercise of any specific right or remedy by the Landlord will
prejudice or preclude the Landlord :from any other remedy whether allowed at law
or in equity or expressly provided for in this Lease. No such remedy will be
exclusive or dependent upon any other such remedy, but the Landlord may from
time to time exercise anyone or more of such remedies independently or in
combination.
Landlord Mav Perform
92. If the Tenant fails to observe, perform or keep any of the provisions of this Lease
to be observed, performed or kept by it and such failure is not rectified within the
time limits specified in this Lease, the Landlord may, but will not be obliged to, at
its discretion and without prejudice, rectify the default of the Tenant. The
Landlord will have the right to enter the Premises for the purpose of correcting or
remedying any default of the Tenant and to remain until the default has been
corrected or remedied. However, any expenditure by the Landlord incurred in any
correction of a default of the Tenant will not be deemed to waive or release the
Tenant's default or the Landlord's right to take any action as may be otherwise
permissible under this Lease in the case of any default.
Guarantee bv Shareholders of Tenant
93. The Tenant will provide the Landlord with the list of its current shareholders and
notify the Landlord of any new shareholders. The Tenant will cause the current
shareholders to enter into a personal guarantee of the Tenant's obligations and
covenants in this Lease in the form attached to this Lease as Schedule "B".
General Provisions
94. This Lease will extend to and be binding upon and inure to the benefit of the
respective heirs, executors, administrators, successors and assigns, as the case
may be, of each party to this Lease. All covenants are to be construed as
oonditionsof this Lease.
95. All sums payable by the Tenant to the Landlord pursuant to any provision of this
Lease will be deemed to be Additional Rent and will be recovered by the
Landlord as rental arrears.
96. Where there is more than one Tenant executing this Lease, all Tenants are jointly
and severally liable for each other's acts, omissions and liabilities pursuant to this
Lease.
97. The Tenant will be charged an additional amount of $25.00 for each N.S.F. check
or check returned by the Tenant's financial institution.
98. All schedules to this Lease are incorporated into and form an integral part of this
Lease.
99. Headings are inserted for the convenience of the parties only and are not to be
considered when interpreting this Lease. Words in the singular mean and include
the plural and vice versa. Words in the masculine mean and include the feminine
and vice versa.
100. This Lease r.l'uiy he executed in COWlterpans. Facsimile signa.tures llre
bindjng and ate consi~crM to be ori.ginal signatures.
J 01. Time is Qfthe. ~~ce in this Lease.
102. This Lease win constitute tbe e1;lti.re agreement between the LandlCtl'd and
the Tenant. Any prior! !Jo~erstanding or representation of any kind precedil'S the
date of this Leas!;; willnot. be binding 0t1 either party to tb1s Lease except b) lhe
extent incorporated j~'~bis T..ease. In particular, no warranties of tlw Landlord not
expressed in this ~~ a~e to be implied.
TN WITNESS WHEREOF 1\.1H'V Realty LtC and Quick Cash ofWappingers Falls
LLf have duly affixed their $i.[Pf.latw'es by duly authori?ed officers under seal on this
day of. J1 q,,1l.. ~~:1~'f
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(SEAL)
Witness:
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~itness:
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Quiek Cash ofWappingers FaIls L:LC
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