JACK SITT REPLY AFFIDAVIT EXHIBIT D

Transcription

1 FILED: NEW YORK COUNTY CLERK 01/11/ :27 PM INDEX NO /2014 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 01/11/2016 Motion Seq. No. 001 JACK SITT REPLY AFFIDAVIT EXHIBIT D

2 flssrfmaiiacaiem Via 10/30/2015 Re: 2 Herald Square Victoria s Secret s option notice Sitt Asset Ivlanaqmenl 625 Madison Avenue Mew York, NY A88 telephone telefax Dear Investor, We are proud to announce that Victoria's Secret has exercised their option to renew all then space (approximately 114,000 square feet) at 100% of fair market rent (TBD) for another 5 years.this will be welcome news to any bank looking to refinance the building and solidifies the building s cash flow and value. The new rent will begin on Attached is the option notice for your records. Please contact us with any questions. Sincerely, Ralph Sitt President

3 Date: /- /f- Dear Sir/Madam: Enclosed are tenant executed counterparts. Please return a fully executed counterpart of all enclosed documents to my attention. In accordance with our standard procedure, each tenant reserves the right to revoke its execution prior to receipt of one (i) fully executed counterpart of all of the enclosed documents. if you have any questions, please feel free to contact me at ; or by at: kwachtman@lb.com. Thank you. Very truly yours. Kristen A. Wachtman AVP, Real Estate - Legal Enclosures VICTORIA'S SECRET / BATH & BODY WORKS / PINK / LA SEN2A / HENRI BENDEl Thrt»<? LimitucI PcVkvMy Columbus. OH com

4 ora August 18,2015 BV FEDERAL EXPRESS 1328 Broadway Owners LLC c/o Sitt Asset Management, LLC 625 Madison Avenue, Suite 1202 New York, New York Re: Reference is made to that certain Agreement of Lease, dated as of August 22,2001 (the Original Lca5e»y between 1328 BROADWAY OWNERS LLC ( Landlord"), successor in interest to 1328 Broadway LLC, as landlord, and VICTORIA S SECRET STORES, LLC ( Tenant"), successor in interest to Victoria s Secret Stores, Inc., as tenant, as amended by the First Amendment of Lease, dated as of December 13,2002 (the First Amendment ), as further amended by the Second Amendment of Lease, dated as of July 11,2003 (the Second Amendment"), as further amended by the Third Amendment of Lease, dated as of December 18,2006 (the Third Amendment ), as further amended by the Fourth Amendment of Lease, dated as of September 5,2008 (the Fniirtli Amendment"), as further amended by the Fifth Amendment of Lease, dated as of November 8,2010 (the Fifth Amendment ), as further amended by the Sixth Amendment of Lease, dated as of October 31,2011 (the Sixth Amendment ), as further amended by the Seventh Amendment of Lease, dated as of January 20,2012 (the Seventh Amendment ), as further amended by the Eightli Amendment of Lease, dated as of January 14,2013 (the Eighth Amendment"), and as further amended by the Ninth Amendment of Lease, dated as of April 23,2013 (the Ninth Amendment, which together with the Original Lease, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, and the Eighth Amendment is collectively referred to herein as the Lease"), pursuant to which Landlord leased to Tenant and Tenant did hire certain store premises and related storage space and signage rights, including, without limitation, the Lower Level Premises (as defined in the Sixth Amendment) (collectively, the Retail Premises ) and certain office premises (the Office Premises, and together with the Retail Premises, collectively, the "Premises") in the building known as 1328 Broadway, New York, New York. Dear Sir/Madam: This letter shall constitute notice of the exercise by Tenant of its First Renewal Option (as defined in the Lease) to extend the term of the Lease for each of the Retail Premises and the Office Premises, respectively, for one (1) additional term of five (5) years in accordance with Section 39 of the Original Lease. The new expiration date for the Lease of the Premises will be March 31,2022. [the rest of this page is blank; signature page follows] v3\0 9330\0006 VICTORIA'S SECRET / BATH & BODY WORKS / PINK / LA SENZA / HENRI BENDEL Three LimUed Parkway Columbus, OH

5 Page 2 Very tnily youi s, Victoria s Secret Stores, LLC By; les L. Bersani President, Real Estate cc; Eric Hoberman, Esq. (via Federal Express) Kriss & Feiierstein LLP 360 Lexington Avenue, Suite 1200 New York, New York "iophoveo isfl mimivz \oiw3o\<in<ki