Return-Path: Delivered-To: stephen@transocean.com Received: from vps.transocean.com by vps.transocean.com with LMTP id 4E8OHOsqrFr5CAAAInt2oQ for ; Fri, 16 Mar 2018 13:36:59 -0700 Return-path: Envelope-to: stephen@transocean.com Delivery-date: Fri, 16 Mar 2018 13:36:59 -0700 Received: from p3plmtsmtp03.prod.phx3.secureserver.net ([184.168.131.16]:36862) by vps.transocean.com with esmtps (TLSv1.2:ECDHE-RSA-AES256-GCM-SHA384:256) (Exim 4.89_1) (envelope-from ) id 1eww5k-0000um-H3 for stephen@transocean.com; Fri, 16 Mar 2018 13:36:59 -0700 Received: from n73.mail01.mtsvc.net ([216.70.64.214]) by :MT-SMTP: with SMTP id ww4befMwQKXFnww4beBzFM; Fri, 16 Mar 2018 13:35:33 -0700 X-SID: ww4befMwQKXFn Received: from [172.58.111.134] (port=48697 helo=[IPv6:2607:fb90:c2ec:710:4c6c:4670:b768:261e]) by n73.mail01.mtsvc.net with esmtpsa (TLSv1.2:ECDHE-RSA-AES256-GCM-SHA384:256) (Exim 4.90_1) (envelope-from ) id 1eww4L-0001kJ-Ue for stephen@transocean.com; Fri, 16 Mar 2018 16:35:32 -0400 From: "Pavan M. Uttam" Content-Type: multipart/alternative; boundary=Apple-Mail-1ACC9377-A465-4772-902A-9A6831580F00 Content-Transfer-Encoding: 7bit Mime-Version: 1.0 (1.0) Date: Fri, 16 Mar 2018 15:35:16 -0500 Subject: Re: Sub basement at 267 Fifth Ave Message-Id: <4C0F57CB-9779-4F5C-AD9A-17CFC0D3DA3A@upreallc.com> References: <96DB9787-A353-4F02-809B-C79FB069160E@upreallc.com> <03e001d3bd62$97181960$c5484c20$@transocean.com> In-Reply-To: <03e001d3bd62$97181960$c5484c20$@transocean.com> To: stephen@transocean.com X-Mailer: iPhone Mail (15D100) X-Authenticated-User: 925164 pavan.uttam@upreallc.com X-MT-ID: 97A5E6382786ADB97043C957B2FCBEA167DE2289 X-CMAE-Envelope: MS4wfB9GARfSCrqdwWw0/R5F3mUGljTXiNIkFuRKyqTv6c+8JLNeRpk6Xk+/imVMEtAkbYgqfnHfiYnvUA+ApkCDyn6oXFMtrFr8cfobyf64h/0MsLhm05TR crKSl1y4XKTyO7024J54JaQA4+XuRE14wVR9NT4kL2Q8hALJ79KmbxypdN+/zWpPZGcmMAocdgYWbw== X-Spam-Status: No, score=-1.9 X-Spam-Score: -18 X-Spam-Bar: - X-Ham-Report: Spam detection software, running on the system "vps.transocean.com", has NOT identified this incoming email as spam. The original message has been attached to this so you can view it or label similar future email. If you have any questions, see root\@localhost for details. Content preview: Hi Stephen: Not a problem at all. It’s my job to facilitate this transaction between you and the landlord. Landlord accepts this change. Kindly sign the lease, initial each page, notarize it and send the security and rent checks as per the terms of the lease, through to my office at suite 903 at 267 Fifth Avenue. We look forward to having Trans-Ocean in the building. Have a great weekend. Kind regards Pavan [...] Content analysis details: (-1.9 points, 3.0 required) pts rule name description ---- ---------------------- -------------------------------------------------- 0.0 URIBL_BLOCKED ADMINISTRATOR NOTICE: The query to URIBL was blocked. See http://wiki.apache.org/spamassassin/DnsBlocklists#dnsbl-block for more information. [URIs: upreallc.com] 0.0 T_SPF_TEMPERROR SPF: test of record failed (temperror) 0.0 T_KAM_HTML_FONT_INVALID BODY: Test for Invalidly Named or Formatted Colors in HTML 0.0 HTML_MESSAGE BODY: HTML included in message -1.9 BAYES_00 BODY: Bayes spam probability is 0 to 1% [score: 0.0001] 0.0 MIME_QP_LONG_LINE RAW: Quoted-printable line longer than 76 chars 0.0 LOTS_OF_MONEY Huge... sums of money 0.0 T_MONEY_PERCENT X% of a lot of money for you X-Spam-Flag: NO --Apple-Mail-1ACC9377-A465-4772-902A-9A6831580F00 Content-Type: text/plain; charset=utf-8 Content-Transfer-Encoding: quoted-printable Hi Stephen: Not a problem at all. It=E2=80=99s my job to facilitate this transaction bet= ween you and the landlord. Landlord accepts this change. Kindly sign the lease, initial each page, notarize it and send the security a= nd rent checks as per the terms of the lease, through to my office at suite 9= 03 at 267 Fifth Avenue. We look forward to having Trans-Ocean in the building. Have a great weekend.=20 Kind regards=20 Pavan Sent from my iPhone > On Mar 16, 2018, at 3:08 PM, wrote: >=20 > Pavan, > I am sorry for all the back and forth here =E2=80=93 I hope this is accept= able.=20 > I appreciate your attention and help through the process. > We can send checks and documents asap. > Just let me know if this works. > Stephen > =20 > =20 > From: Nick Bowers =20 > Sent: Friday, March 16, 2018 4:03 PM > To: Stephen Hoberman > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Suggested paragraph is below : > =20 > 15. Tenant will not at any time use or occupy the Demised Premises= in violation of the certificate of occupancy issued for the Building of whi= ch the Demised Premises are a part. Tenant has inspected the premises and a= ccepts them as is (subject to the Owner=E2=80=99s representation made hereby= that the Demised premises do not contains any hazardous substances or mater= ials such as lead paint, asbestos, etc and further subject to Owner=E2=80=99= s assurances and representations regarding the Certificate of Occupancy) , s= ubject to the riders annexed hereto with respect to Owner=E2=80=99s work, if= any. Except as states in this paragraph, Owner represents that there are n= o violations against the demised premises. If any governmental license or p= ermit shall be required for the proper and lawful conduct of Tenant=E2=80=99= s business, Tenant shall be responsible for and shall procure and maintain s= uch license or permit, except that it is Owner=E2=80=99s sole responsibility= to ensure that Tenant=E2=80=99s Permitted Use is in compliance with the cer= tificate of occupancy (and shall be responsible for all licenses, permits, a= nd violations connected thereto. In connection with Owner=E2=80=99s respons= ibility to ensure that Tenant=E2=80=99s =E2=80=9CPermitted Use=E2=80=9D is i= n compliance with the Certificate of Occupancy issued for the Building, Own= er shall shall indemnify and hold Purchaser harmless from and against any cl= aims, causes of action, costs, expenses and liabilities, including reasonabl= e attorney=E2=80=99s fees and disbursements, in connection any claims from a= ny other party, including but not limited to the cost of any violations, per= mits or licenses from the New York City Department of Buildings relating to c= laim that the Permitted Use is not in compliance with the Certificate of Occ= upancy of the Building. If the New York City Department of Buildings does no= t allow Tenant to occupy the Premises and requires Tenant to vacate the Prem= ises because the Permitted Use is not allowed under the Certificate of Occup= ancy, Tenant may cancel this lease and receive the return of the full securi= ty deposit and have no remaining obligations under the lease to Landlord. > =20 > Best, > Nick > ........................ > The Law Office of Nicholas E. Bowers, PLLC=20 > 108 West 39th Street, Suite 400 > New York, New York 10018 > t: 212 768 0088 > c: 646 325 8988 > f: 530 325 4098 > nb@NBowersLaw.com > www.NBowersLaw.com > =20 > CYBER-FRAUD WARNING Please do not wire any funds to our office or to a t= hird party involved in the transaction, without first calling our office at 2= 12 768 0088 and speaking to Nicholas Bowers or Elizabeth Lappin to confirm t= he instructions and amount. Please be very wary of any request to change w= ire instructions that you already received and do not make any changes witho= ut confirming with us on the phone. Our firm is not responsible for third p= arty fraud or electronic interceptions. > =20 > The information contained in this email is intended only for the personal a= nd confidential use of the named individual or entity to whom it is addresse= d. This message may be an attorney-client communication, and as such it is p= rivileged and confidential. If the reader of this message is not the intende= d recipient or an employee or agent responsible for delivering it to the int= ended recipient, you are hereby notified that you have received this documen= t in error, and any review, dissemination, distribution or copying of this m= essage or any part thereof is strictly prohibited. If you have received this= communication in error, please notify us immediately by telephone and retur= n the original message to us by email. > =20 > From: Stephen Hoberman =20 > Sent: Friday, March 16, 2018 3:07 PM > To: Nick Bowers > Cc: stephen@transocean.com > Subject: Fwd: Sub basement at 267 Fifth Ave > =20 > Hi Nick, > Can you review and advise if all looks in order now?=20 > Thanks, > Stephen=20 >=20 >=20 >=20 > Begin forwarded message: >=20 > From: "Pavan M. Uttam" > Date: March 16, 2018 at 2:59:01 PM EDT > To: stephen@transocean.com > Subject: RE: Sub basement at 267 Fifth Ave >=20 > Hi Stephen:=20 > Please see attached. Owner has added a line in the lease in occupancy clau= se that says it is owners responsibility to ensure that permitted use is in c= ompliaance with certificate of occupancy. > =20 > =20 > Occupancy: 15. Tenant will not at any time use or occupy the Demi= sed Premises in violation of the certificate of occupancy issued for the Bui= lding of which the Demised Premises are a part. Tenant has inspected the pr= emises and accepts them as is (subject to the Owner=E2=80=99s representation= made hereby that the Demised premises do not contains any hazardous substan= ces or materials such as lead paint, asbestos, etc) , subject to the riders a= nnexed hereto with respect to Owner=E2=80=99s work, if any. Except as state= s in this paragraph,Owner represents that there are no violations against th= e demised premises. If any governmental license or permit shall be required= for the proper and lawful conduct of Tenant=E2=80=99s business, Tenant shal= l be responsible for and shall procure and maintain such license or permit. I= t is Owner=E2=80=99s responsibility to ensure that Tenant=E2=80=99s =E2=80=9C= Permitted Use=E2=80=9D is in compliance with the Certificate of Occupancy i= ssued for the Building. > =20 >=20 > The lease already speaks to the permitted use . > =20 >=20 > AOccupancy: 2. Tenant shall use and occupy Demised Premises fo= r general office, meeting space, and showroom space and for all lawfully re= lated purposes (the =E2=80=9CPermitted Use=E2=80=9D). > =20 > Kind regards=20 > =20 > Pavan=20 > =20 > =20 > =20 > =20 > =20 > From: stephen@transocean.com =20 > Sent: Thursday, March 15, 2018 5:09 PM > To: 'Pavan M. Uttam' > Subject: FW: Sub basement at 267 Fifth Ave > =20 > Pavan, > Thanks for the time on the phone. Lawyer just asked for some language tha= t if violations from the C/O are sent to the building, they are the building= =E2=80=99s responsibility not ours. > =20 > =20 > From: Nick Bowers =20 > Sent: Thursday, March 15, 2018 4:20 PM > To: stephen@transocean.com > Cc: Elizabeth Lappin > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Yes. Try to have broker/landlord=E2=80=99s attorney address and send us ne= w version. Bottom line is you would want indemnification (from violations or= any liability) from landlord from anyone (department of buildings, etc.) th= at your intended use (as stated in lease) is not in compliance with the C of= O or other rules and regulations. You would also want a penalty free out of= the lease (with all security monies returned) if you were ever found to be i= n violation. Basically, the lease has you completely taking on all risks wit= h the C of O. This needs to be completely reversed. Have their side send pro= posed language in new lease and we can review and discuss. > =20 > Best, > Nick > ........................ > The Law Office of Nicholas E. Bowers, PLLC=20 > 108 West 39th Street, Suite 400 > New York, New York 10018 > t: 212 768 0088 > c: 646 325 8988 > f: 530 325 4098 > nb@NBowersLaw.com > www.NBowersLaw.com > =20 > CYBER-FRAUD WARNING Please do not wire any funds to our office or to a t= hird party involved in the transaction, without first calling our office at 2= 12 768 0088 and speaking to Nicholas Bowers or Elizabeth Lappin to confirm t= he instructions and amount. Please be very wary of any request to change w= ire instructions that you already received and do not make any changes witho= ut confirming with us on the phone. Our firm is not responsible for third p= arty fraud or electronic interceptions. > =20 > The information contained in this email is intended only for the personal a= nd confidential use of the named individual or entity to whom it is addresse= d. This message may be an attorney-client communication, and as such it is p= rivileged and confidential. If the reader of this message is not the intende= d recipient or an employee or agent responsible for delivering it to the int= ended recipient, you are hereby notified that you have received this documen= t in error, and any review, dissemination, distribution or copying of this m= essage or any part thereof is strictly prohibited. If you have received this= communication in error, please notify us immediately by telephone and retur= n the original message to us by email. > =20 > =20 > =20 > From: Nick Bowers =20 > Sent: Tuesday, March 13, 2018 5:33 PM > To: stephen@transocean.com > Cc: Elizabeth Lappin > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Just tried you. I am in office for next hour or so. > =20 > Best, > Nick > ........................ > The Law Office of Nicholas E. Bowers, PLLC=20 > 108 West 39th Street, Suite 400 > New York, New York 10018 > t: 212 768 0088 > c: 646 325 8988 > f: 530 325 4098 > nb@NBowersLaw.com > www.NBowersLaw.com > =20 > CYBER-FRAUD WARNING Please do not wire any funds to our office or to a t= hird party involved in the transaction, without first calling our office at 2= 12 768 0088 and speaking to Nicholas Bowers or Elizabeth Lappin to confirm t= he instructions and amount. Please be very wary of any request to change w= ire instructions that you already received and do not make any changes witho= ut confirming with us on the phone. Our firm is not responsible for third p= arty fraud or electronic interceptions. > =20 > The information contained in this email is intended only for the personal a= nd confidential use of the named individual or entity to whom it is addresse= d. This message may be an attorney-client communication, and as such it is p= rivileged and confidential. If the reader of this message is not the intende= d recipient or an employee or agent responsible for delivering it to the int= ended recipient, you are hereby notified that you have received this documen= t in error, and any review, dissemination, distribution or copying of this m= essage or any part thereof is strictly prohibited. If you have received this= communication in error, please notify us immediately by telephone and retur= n the original message to us by email. > =20 > From: stephen@transocean.com =20 > Sent: Tuesday, March 13, 2018 3:26 PM > To: Nick Bowers > Cc: Elizabeth Lappin > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Mobile is best =E2=80=93 917-561-7397. > Thanks =E2=80=93 > Stephen > =20 > =20 > From: Nick Bowers =20 > Sent: Tuesday, March 13, 2018 3:23 PM > To: stephen@transocean.com > Cc: Elizabeth Lappin > Subject: RE: Sub basement at 267 Fifth Ave > =20 > We are checking online as to what we think (architect=E2=80=99s opinion is= much better). Since LL will not represent that C of O is proper for your us= e, we will give you a general impression as to whether the potential use may= or may not be allowed under the C of O for the building. We can then speak l= ater. What number is best to reach you? > =20 > Best, > Nick > ........................ > The Law Office of Nicholas E. Bowers, PLLC=20 > 108 West 39th Street, Suite 400 > New York, New York 10018 > t: 212 768 0088 > c: 646 325 8988 > f: 530 325 4098 > nb@NBowersLaw.com > www.NBowersLaw.com > =20 > CYBER-FRAUD WARNING Please do not wire any funds to our office or to a t= hird party involved in the transaction, without first calling our office at 2= 12 768 0088 and speaking to Nicholas Bowers or Elizabeth Lappin to confirm t= he instructions and amount. Please be very wary of any request to change w= ire instructions that you already received and do not make any changes witho= ut confirming with us on the phone. Our firm is not responsible for third p= arty fraud or electronic interceptions. > =20 > The information contained in this email is intended only for the personal a= nd confidential use of the named individual or entity to whom it is addresse= d. This message may be an attorney-client communication, and as such it is p= rivileged and confidential. If the reader of this message is not the intende= d recipient or an employee or agent responsible for delivering it to the int= ended recipient, you are hereby notified that you have received this documen= t in error, and any review, dissemination, distribution or copying of this m= essage or any part thereof is strictly prohibited. If you have received this= communication in error, please notify us immediately by telephone and retur= n the original message to us by email. > =20 > From: stephen@transocean.com =20 > Sent: Tuesday, March 13, 2018 1:58 PM > To: Nick Bowers > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Please let me know a good time to speak today. > Not sure what the architect can do =E2=80=93 maybe just add this into the l= ease that it=E2=80=99s ok to use as a showroom? > =20 > =20 > From: Nick Bowers =20 > Sent: Monday, March 12, 2018 5:04 PM > To: stephen@transocean.com > Cc: 'Charley Peck' > Subject: RE: Sub basement at 267 Fifth Ave > =20 > This looks pretty good. They made most changes. Feel free to call me to di= scuss if you want. Two quick things. One you should check with an architect t= o make sure the certificate of occupancy for the building/space allows for y= our intended use (since the landlord is having you take this space =E2=80=9C= as is=E2=80=9D (legally and physically speaking). Also, the agreed to remove= various things like charging you extra for electric and tax escalations. Ho= wever, the rent seemed to be all inclusive, but this has you paying for clea= ning services and getting your cleaner approved. Just confirming that you ar= e OK with that. > =20 > Best, > Nick > ........................ > The Law Office of Nicholas E. Bowers, PLLC=20 > 108 West 39th Street, Suite 400 > New York, New York 10018 > t: 212 768 0088 > c: 646 325 8988 > f: 530 325 4098 > nb@NBowersLaw.com > www.NBowersLaw.com > =20 > CYBER-FRAUD WARNING Please do not wire any funds to our office or to a t= hird party involved in the transaction, without first calling our office at 2= 12 768 0088 and speaking to Nicholas Bowers or Elizabeth Lappin to confirm t= he instructions and amount. Please be very wary of any request to change w= ire instructions that you already received and do not make any changes witho= ut confirming with us on the phone. Our firm is not responsible for third p= arty fraud or electronic interceptions. > =20 > The information contained in this email is intended only for the personal a= nd confidential use of the named individual or entity to whom it is addresse= d. This message may be an attorney-client communication, and as such it is p= rivileged and confidential. If the reader of this message is not the intende= d recipient or an employee or agent responsible for delivering it to the int= ended recipient, you are hereby notified that you have received this documen= t in error, and any review, dissemination, distribution or copying of this m= essage or any part thereof is strictly prohibited. If you have received this= communication in error, please notify us immediately by telephone and retur= n the original message to us by email. > =20 > From: stephen@transocean.com =20 > Sent: Monday, March 12, 2018 7:24 AM > To: Nick Bowers > Subject: FW: Sub basement at 267 Fifth Ave > =20 > Hi Nick, > Please see remarks from landlord with revised lease. > Please review and advise if all looks in order. > Thanks, > Stephen > =20 > =20 > From: Pavan M. Uttam =20 > Sent: Friday, March 9, 2018 6:18 PM > To: stephen@transocean.com > Cc: 'Charley Peck' ; 'Dean Smith' > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Stephen: > =20 > Ownership has authorized me to forward you the attached lease. > They accepted most of your proposed changes with the following additions: > =20 > 3Rider #2 > 1. Real Estate Tax Rider Landlord to pay all taxes i= n connection with the Demised Premises. If Tenant chooses to renew t= he lease, 2020-2021 will be considered the Base Tax Year for the purposes of= renewal. > =20 > 49.Cleaning Tenant will provide its own cleaning services for the Demised p= remises. If Tenant chooses to use any third party cleaning service, the thir= d party service must be approved by Landlord. > =20 > If this is acceptable, please sign, initial each page, notarize and return= to us with 1st month=E2=80=99s rent and security deposit. > =20 > Thank you in advance. > =20 > Kind regards > =20 > Pavan > =20 > From: stephen@transocean.com =20 > Sent: Friday, March 9, 2018 8:48 AM > To: 'Pavan M. Uttam' > Cc: Charley Peck ; 'Dean Smith' > Subject: FW: Sub basement at 267 Fifth Ave > =20 > Pavan, > We had our Attorney review the lease, it is attached with his notes. Plea= se pass along to landlord for their review and let us know next steps. > Thanks, > Stephen > =20 > =20 > =20 > From: Pavan M. Uttam =20 > Sent: Tuesday, February 27, 2018 10:58 AM > To: stephen@transocean.com > Cc: 'Nadine Padilla' ; dean@transocean.com > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Hi Stephen: > =20 > Thank you for the offer. > =20 > I spoke with the Landlord last night. The current tenant uses the space on= ly during market and 2 other times a year, so they are low traffic as well. > The Landlord will not take less than what he is currently getting. > =20 > Based on the below email, you are offering $1985.50/month all inclusive. > =20 > Taking into consideration your use and traffic, the Landlord has countered= at: > $2200/month > lease and rent to commence on April 1 > space will be delivered as is basis, vacant and broom clean > 3.5% standard escalations from Year 2 > =20 > Please let us know if this is acceptable. > =20 > Kind regards > =20 > Pavan > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Monday, February 26, 2018 1:14 PM > To: 'Pavan M. Uttam' > Cc: 'Nadine Padilla' ; dean@transocean.com > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Hi Pavan, > We reviewed it here and have some thoughts. If you=E2=80=99re able to run= by the landlord, that would be great. > The accessibility is a major issue for sure, so we=E2=80=99d really only b= e using this space sporadically =E2=80=93 of a week or so per month. > To that end, we can budget the following if it works for the building: > Rent =E2=80=93 we can offer $26 psf > Electric =E2=80=93 we feel since we will be very part time we can offer $2= psf. > Garbage =E2=80=93 again due to light use, we can offer $0.50 psf. > This brings the sum to about $28.50 which is in our range. > =20 > Please let me know if this or something similarly structured can work for t= hem. > Thanks for your help- > Stephen > =20 > =20 > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Friday, February 23, 2018 12:58 PM > To: 'Stephen Hoberman' > Cc: 'Nadine Padilla' ; dean@transocean.com > Subject: RE: Sub basement at 267 Fifth Ave > =20 > That=E2=80=99s fine, have a great weekend. > =20 > From: Stephen Hoberman [mailto:stephen@transocean.com]=20 > Sent: Friday, February 23, 2018 9:32 AM > To: Pavan M. Uttam > Cc: Nadine Padilla ; dean@transocean.com > Subject: Re: Sub basement at 267 Fifth Ave > =20 > Thank you for this information. I=E2=80=99m traveling today and will be b= ack in the office Monday. We=E2=80=99ll have some firm answers for you then= . I hope this works, our whole team is in different places today. =20 > Stephen=20 >=20 > On Feb 22, 2018, at 6:07 PM, Pavan M. Uttam wro= te: >=20 > Stephen:=20 > The space is approx. 836 sf. > LL is asking $30/sf for the space. Electric is $3.50/sf and garbage collec= tion is $0.84/sf. > Term is between 3-5 years.=20 > =20 > Thanks > =20 > Pavan > =20 > Sent from my iPhone >=20 > On Feb 21, 2018, at 12:35 PM, wrote: >=20 > Pavan, > We are interested in pursuing the space. I just called and left a message= as well. I=E2=80=99d like to get an outline of the terms and review the da= tes, etc. Can you call me back when you have a chance? > Thank you, > Stephen > Mobile =E2=80=93 917-561-7397 > Office =E2=80=93 914-949-5656 x118 > =20 > =20 > Stephen Hoberman > Vice President =E2=80=93 Business Development > Trans-Ocean Import Co. > (917) 561-7397 > stephen@transocean.com > =20 > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Wednesday, February 21, 2018 11:54 AM > To: stephen@transocean.com; 'Nadine Padilla' > Cc: dean@transocean.com > Subject: RE: Sub basement at 267 Fifth Ave > =20 > Hi Stephen/ Dean: > =20 > Please advise your interest in the space. > =20 > Kind regards > =20 > Pavan > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Wednesday, February 14, 2018 2:03 PM > To: 'Nadine Padilla' > Cc: 'Pavan M. Uttam' ; dean@transocean.com > Subject: RE: Sub basement at 267 Fifth Ave > =20 > It=E2=80=99s getting pretty late and we=E2=80=99re in Westchester. > Is Friday morning possible? > =20 > =20 > From: Nadine Padilla [mailto:nadinevanda@upreallc.com]=20 > Sent: Wednesday, February 14, 2018 1:57 PM > To: stephen@transocean.com > Cc: Pavan M. Uttam ; dean@transocean.com > Subject: Re: Sub basement at 267 Fifth Ave > =20 > Stephen, > =20 > Today before 5 works tomorrow is no good. > =20 > Best, > Nadine=20 > =20 > Sent from my iPhone >=20 > On Feb 14, 2018, at 1:25 PM, wrote: >=20 > Hi Nadine, > I am trying to schedule time for a colleague to visit today or tomorrow. > His name is Dean Smith =E2=80=93 he=E2=80=99s cc=E2=80=99d here. > Stephen > =20 > =20 > From: Nadine Padilla [mailto:nadinevanda@upreallc.com]=20 > Sent: Wednesday, February 14, 2018 1:12 PM > To: Pavan M. Uttam > Cc: stephen@transocean.com > Subject: Re: Sub basement at 267 Fifth Ave > =20 > yes, i'll go speak with him now. Stephen when are you available ?=20 > =20 > Sent from my iPhone >=20 > On Feb 14, 2018, at 9:26 AM, Pavan M. Uttam wro= te: >=20 > Good morning Nadine=20 > Can you touch base with the landlord and schedule a viewing of the sub bas= ement space either today or tomorrow for Stephen, please ? > Thanks=20 > Pavan=20 >=20 > Sent from my iPhone >=20 > On Feb 14, 2018, at 7:44 PM, wrote: >=20 > Good Morning =E2=80=93 Just following up if we can visit today or tomorrow= . > Thanks, > Stephen > =20 > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Tuesday, February 13, 2018 10:23 AM > To: 'Pavan M. Uttam' > Subject: RE: Textile Market > =20 > Hi Pavan, > I guess we didn=E2=80=99t realize the loss factor was so high. I think we= =E2=80=99d still like to pursue it, can I have one of my colleagues see the s= pace tomorrow or Thursday? > Stephen > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Monday, February 12, 2018 7:40 PM > To: stephen@transocean.com > Subject: Re: Textile Market > =20 > The net is 45 by 13 and when you deduct 30 percent loss factor from 836 yo= u get a net of 585. > LL says to use the freight elevator upto twice a month is acceptable. > Thanks=20 > Pavan=20 >=20 > Sent from my iPhone >=20 > On Feb 13, 2018, at 1:05 AM, wrote: >=20 > Does this say 13=E2=80=99x45=E2=80=99? > That is only 585 sf, that seems like too large a loss factor. > I thought it measured 18=E2=80=99 or so wide. > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Monday, February 12, 2018 2:30 PM > To: stephen@transocean.com > Subject: RE: Textile Market > =20 > Hi Stephen: > =20 > I have forwarded your email to the landlord. Please see attached floorplan= . > =20 > Thanks > =20 > Pavan > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Monday, February 12, 2018 12:13 PM > To: 'Pavan M. Uttam' > Subject: RE: Textile Market > =20 > Pavan, > The team is interested in the sub basement showroom. > Can you just give some firm details on it? > Measurements, usable SF? > =20 > Also, can you find out if we=E2=80=99re able to use the freight elevator f= or deliveries once or twice per month since there is no elevator directly to= the showroom? > Thanks, > Stephen > =20 > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Wednesday, February 7, 2018 7:16 PM > To: 'Pavan M. Uttam' > Subject: RE: Textile Market > =20 > Pavan, > Thank you I will check with the owners. > If any other floors in the 800-1400 sf range open up please let us know. > Thanks, > Stephen > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Wednesday, February 7, 2018 2:43 PM > To: stephen@transocean.com > Subject: RE: Textile Market > =20 > Stephen: > =20 > We have no availability for market. > =20 > =46rom on or around April 1, there is 837 sf available in the sub basement= . Ask is in the low$30=E2=80=99s. > =20 > Thanks > =20 > Pavan > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Wednesday, February 7, 2018 12:23 PM > To: 'Pavan M. Uttam' > Subject: RE: Textile Market > =20 > Just wanted to follow up about market =E2=80=93 we=E2=80=99re trying to fi= nalize plans.=20 > Please let me know availability for market and ongoing. > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Wednesday, January 31, 2018 5:32 PM > To: 'Stephen Hoberman' > Cc: nadinevanda@upreallc.com > Subject: RE: Textile Market > =20 > Stephen: > =20 > I will update you tomorrow. > =20 > Kind regards > =20 > Pavan > =20 > =20 > UP Real Estate Advisors LLC > 146 West 29th St, 12th Fl > New York, NY 10001 > www.upreallc.com > www.universtay.com > > =20 > =20 > =20 > From: Stephen Hoberman [mailto:stephen@transocean.com]=20 > Sent: Wednesday, January 31, 2018 5:10 PM > To: Pavan M. Uttam > Cc: nadinevanda@upreallc.com > Subject: Re: Textile Market > =20 > Pavan- > Can we work on a space for March?=20 > =20 >=20 > On Jan 23, 2018, at 7:56 AM, Pavan M. Uttam wro= te: >=20 > Good morning Stephen=20 > Nadine is checking with the tenant and will confirm shortly. > Kind regards=20 > Pavan=20 >=20 > Sent from my iPhone >=20 > On Jan 23, 2018, at 9:08 AM, wrote: >=20 > Hello, > I am planning to be by there this afternoon around 5pm. Is that ok to see= the available spaces?=20 > My mobile # is (917) 561-7397 if you need to reach me. > =20 > Thanks, > Stephen > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Wednesday, January 17, 2018 11:21 AM > To: stephen@transocean.com > Subject: RE: Textile Market > =20 > The 600 sf just signed a lease. We have two spaces approx. 1250 and 1750 s= f on the 5th floor that are available on or after March 1st on long term bas= is for $62/ sf plus electric. > We could also divide the 1250 sf into 2 spaces with a curtain for market. T= hat would be for $5500 each for market week. > I=E2=80=99m happy to show you next week. > =20 > Kind regards > =20 > Pavan > =20 > UP Real Estate Advisors LLC > 146 West 29th St, 12th Fl > New York, NY 10001 > www.upreallc.com > www.universtay.com > > =20 > =20 > =20 > =20 > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Wednesday, January 17, 2018 10:48 AM > To: 'Pavan M. Uttam' > Subject: RE: Textile Market > =20 > Can you tell me about the 600 sf space? Is it still available =E2=80=93 w= hat floor =E2=80=93 how much would it be for the market? > We like the building very much =E2=80=93 would love to consider for perman= ent down the line. > I=E2=80=99d still like to come see it next week. > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Tuesday, January 9, 2018 3:51 PM > To: stephen@transocean.com > Subject: RE: Textile Market > =20 > Sure, please email or call us at 212 643 8850 closer to the time. > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Tuesday, January 9, 2018 3:45 PM > To: 'Pavan M. Uttam' > Subject: RE: Textile Market > =20 > That sounds very nice and might work. > Can I come and see it on 1/23 when I am back in NYC? > =20 > =20 > From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]=20 > Sent: Tuesday, January 9, 2018 3:41 PM > To: stephen@transocean.com > Subject: RE: Textile Market > =20 > Stephen: > =20 > Thank you for the email. We may have a 600 sf space available for market w= eek. It=E2=80=99s well laid out so it might work for you. I=E2=80=99m happy t= o show you if you like. > =20 > Also, do consider this building for permanent space going forward. It=E2=80= =99s got a very nice lobby, the showrooms have high ceilings, the building i= s well run and the staff is great. > =20 > Kind regards > =20 > Pavan M. Uttam > =20 > UP Real Estate Advisors LLC > 146 West 29th St, 12th Fl > New York, NY 10001 > www.upreallc.com > > =20 > =20 > From: stephen@transocean.com [mailto:stephen@transocean.com]=20 > Sent: Tuesday, January 9, 2018 3:02 PM > To: pavan.uttam@tclnyc.com > Subject: Textile Market > =20 > Pavan, > Was curious if 267 Fifth would want to rent any space out just for the mar= ket week in March. We just moved out of our showroom on Madison and are not= sure which building to move into =E2=80=93 so we wanted to get a temp space= for this market until we figure it out. > We are a rug company and would need 800-2200 sf. > Thanks, > Stephen > =20 > =20 > Stephen Hoberman > Vice President =E2=80=93 Business Development > Trans-Ocean Import Co. > (917) 561-7397 > stephen@transocean.com > =20 --Apple-Mail-1ACC9377-A465-4772-902A-9A6831580F00 Content-Type: text/html; charset=utf-8 Content-Transfer-Encoding: quoted-printable Hi Stephen:
Not a problem at all. It=E2= =80=99s my job to facilitate this transaction between you and the landlord.<= /div>
Landlord accepts this change.
Kindly sign the lease, ini= tial each page, notarize it and send the security and rent checks as per the= terms of the lease, through to my office at suite 903 at 267 Fifth Avenue.<= /div>
We look forward to having Trans-Ocean in the building.
H= ave a great weekend. 
Kind regards 
Pavan


Sent from my iPhone
<= br>On Mar 16, 2018, at 3:08 PM, <stephen@transocean.com> <stephen@transocean.com> wrote:

Pavan,

I am sorry for all the b= ack and forth here =E2=80=93 I hope this is acceptable. 

I appreciate your attention and help through the pro= cess.

We can send checks and documents a= sap.

Just let me know if this works.

Stephen

 

 

From: Nick Bowers <Nb@nbowerslaw.com>
Sent: Friday, March 1= 6, 2018 4:03 PM
To: Stephen Hoberman <stephen@transocean.com>
Subject: RE: Sub b= asement at 267 Fifth Ave

<= o:p> 

Sugg= ested paragraph is below :

 =

   &n= bsp;   15.  Tenant will no= t at any time use or occupy the Demised Premises in violation of the certifi= cate of occupancy issued for the Building of which the Demised Premises are a= part.  Tenant has inspected the premises and accepts them as is (s= ubject to the Owner=E2=80=99<= /span>s representation made hereby that the Demised p= remises do not contains any hazardous substances or materials such as lead p= aint, asbestos, etc and further subject to Owner=E2=80=99s assurances and= representations regarding the Certificate of Occupancy) , subject to th= e riders annexed hereto with respect to Owner<= span lang=3D"FR" style=3D"font-size:12.0pt;font-family:UICTFontTextStyleBody= ">=E2=80=99s work, if any.  Except as state= s in this paragraph, Owner represents that t= here are no violations against the demised premises.  If any government= al license or permit shall be required for the proper and lawful conduct of T= enant=E2=80=99s business, Tenant shall be responsible for and shall procure and main= tain such license or permit, except that it is Owner=E2=80=99s sole respo= nsibility to ensure that Tenant=E2=80=99s Permitted Use is in compliance wit= h the certificate of occupancy (and shall be responsible for all licenses, p= ermits, and violations connected thereto. In connection with &nb= sp;Owner=E2=80=99s responsibility to ensure that Tenant=E2=80=99s =E2=80=9CP= ermitted Use=E2=80=9D is in compliance with the Certificate  of Occupan= cy issued for the Building, Owner shall shall indemnify and hold Purchaser h= armless from and against any claims, causes of action, costs, expenses and l= iabilities, including reasonable attorney=E2=80=99s fees and disbursements, i= n connection any claims from any other party, including but not limited to t= he cost of any violations, permits or licenses from the New York City Depart= ment of Buildings relating to claim that the Permitted Use is not in complia= nce with the Certificate of Occupancy of the Building. If the New York City D= epartment of Buildings does not allow Tenant to occupy the Premises and requ= ires Tenant to vacate the Premises because the Permitted Use is not allowed u= nder the Certificate of Occupancy, Tenant may cancel this lease and receive t= he return of the full security deposit and have no remaining obligations und= er the lease to Landlord.

<= o:p> 

Best, =

Nick

.........= ...............

The Law Office of Nichola= s E. Bowers, PLLC
108 West 39th Street, Suite 400

New York, New York 10018

t:  212 768 0088

c: 646 325 8988

f:  <= a href=3D"tel:530%20325%204098" target=3D"_blank">530 325 4098=

nb@NBowers= Law.com =

www.NBowersLa= w.com

 

CYBER-FRAUD WARNING =    Please do not wire any funds to our office or to a third party i= nvolved in the transaction, without first calling our office at 212 768 0088= and speaking to Nicholas Bowers or Elizabeth Lappin to confirm the instruct= ions and amount.    Please be very wary of any request to cha= nge wire instructions that you already received and do not make any changes w= ithout confirming with us on the phone.   Our firm is not responsi= ble for third party fraud or electronic interceptions.

 

The information contained= in this email is intended only for the personal and confidential use of the= named individual or entity to whom it is addressed. This message may be an a= ttorney-client communication, and as such it is privileged and confidential.= If the reader of this message is not the intended recipient or an employee o= r agent responsible for delivering it to the intended recipient, you are her= eby notified that you have received this document in error, and any review, d= issemination, distribution or copying of this message or any part thereof is= strictly prohibited. If you have received this communication in error, plea= se notify us immediately by telephone and return the original message to us b= y email.

 =

From: Stephen Hoberman <stephen@transocean.com>
<= b>Sent: Friday, March 16, 2018 3:07 PM
To: Nick Bowers <Nb@nbowerslaw.com>
Cc: stephen@transocean.com
Subje= ct: Fwd: Sub basement at 267 Fifth Ave

 

Hi Nick,

Can you review and advise if a= ll looks in order now? 

Thanks,

Stephen <= /o:p>



Begin forwarded message:

From: "Pavan M. Uttam" <pavan.uttam@upreallc.com>
Date: Marc= h 16, 2018 at 2:59:01 PM EDT
To: stephen@transocean.com
Subject: RE: Sub basement a= t 267 Fifth Ave

<= span class=3D"nonea0">Hi Stephen: 

Please see attached. Ow= ner has added a line in the lease in occupancy clause that says it is owners= responsibility to ensure that permitted use is in compliaance with certific= ate of occupancy.

 

 =

= Occupancy:     &nb= sp;   15.  Tenant will not at= any time use or occupy the Demised Premises in violation of the certificate= of occupancy issued for the Building of which the Demised Premises are a pa= rt.  Tenant has inspected the premises and accepts them as is (subject t= o the Owner=E2=80=99s representation made hereby that the Demised premises do not contains any hazardous substances or materials su= ch as lead paint, asbestos, etc) , subject to the riders annexed hereto with= respect to Owner=E2=80=99s work, if any.&n= bsp; Except as states in this paragraph,Owner = represents that there are no violations against t= he demised premises.  If any governmental license or permit shall be re= quired for the proper and lawful conduct of Tenant=E2=80=99s business, Tenant shall be= responsible for and shall procure and maintain such license or permit. It is Owner=E2=80=99s responsibility to ensure that Tenant=E2= =80=99s =E2=80=9CPermitted Use=E2=80=9D is in compliance with the Certificat= e  of Occupancy issued for the Building.

 

The lease already speaks to the permitted use .

 

AOccupancy:        &nbs= p;    2. Tenant shall use and occupy Demised Premi= ses for general office, meeting space, and showroom space  <= span class=3D"NoneA">and for all lawfully related purposes (the =E2=80= =9CPermitted Use=E2=80=9D= ).

 

Kind regards 

 

P= avan 

 

 

 

=

 

 

From: stephen@transocean.com <stephen@transocean.com>
Sent: Thursday= , March 15, 2018 5:09 PM
To: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>
Subject:<= /b> FW: Sub basement at 267 Fifth Ave

 

Pavan,

Thanks for the time on the phone.  Lawyer just a= sked for some language that if violations from the C/O are sent to the build= ing, they are the building=E2=80=99s responsibility not ours.

=

 

 

From: Nick Bowers <= ;Nb@nbowerslaw.com>
Sent:= Thursday, March 15, 2018 4:20 PM
To: stephen@transocean.com
Cc: Elizabeth Lappin &= lt;elappin@nbowerslaw.com><= br>Subject: RE: Sub basement at 267 Fifth Ave

 

Yes. T= ry to have broker/landlord=E2=80=99s attorney address and send us new versio= n. Bottom line is you would want indemnification (from violations or any lia= bility) from landlord from anyone (department of buildings, etc.) that your i= ntended use (as stated in lease) is not in compliance with the C of O or oth= er rules and regulations. You would also want a penalty free out of the leas= e (with all security monies returned) if you were ever found to be in violat= ion. Basically, the lease has you completely taking on all risks with the C o= f O. This needs to be completely reversed. Have their side send proposed lan= guage in new lease and we can review and discuss.

 

= Best,

Nick

......................= ..

The Law Office= of Nicholas E. Bowers, PLLC
108 West 39th Street, Suite 400<= /span>

New York, New Yor= k 10018

t:  <= /span>212 7= 68 0088

c: 646 32= 5 8988

f:  530 325 4098

= nb@NBowersLaw.com

www.NBowersLaw.com

 

CYBER-FRAUD WARNING    Pl= ease do not wire any funds to our office or to a third party involved in the= transaction, without first calling our office at 212 768 0088 and speaking t= o Nicholas Bowers or Elizabeth Lappin to confirm the instructions and amount= .    Please be very wary of any request to change wire instru= ctions that you already received and do not make any changes without confirm= ing with us on the phone.   Our firm is not responsible for third p= arty fraud or electronic interceptions.

 

The information contained in this email is intended only for the per= sonal and confidential use of the named individual or entity to whom it is a= ddressed. This message may be an attorney-client communication, and as such i= t is privileged and confidential. If the reader of this message is not the i= ntended recipient or an employee or agent responsible for delivering it to t= he intended recipient, you are hereby notified that you have received this d= ocument in error, and any review, dissemination, distribution or copying of t= his message or any part thereof is strictly prohibited. If you have received= this communication in error, please notify us immediately by telephone and r= eturn the original message to us by email.

 

 

 

From: Nick Bowers <= Nb@nbowerslaw.com>
Sent: Tuesday, March 13, 2018 5:33 PMTo: stephen@transocean.co= m
Cc: Elizabeth Lappin <elappin@nbowerslaw.com>
Subject: RE: Sub basement at= 267 Fifth Ave

 =

Just tried you. I am in office for next hou= r or so.

 

Best,

Nick

........................

The Law Office of Nicholas E. Bowers, PLLC
108 West 3= 9th Street, Suite 400

New York, New York 10018

t:  212 768 0088

c: 646 325 8988

f:  530 325 4098

nb@NBowersLaw.com <= /span>

www.NBowersLaw.com

 

CYBER-FRA= UD WARNING    Please do not wire any funds to our office or t= o a third party involved in the transaction, without first calling our offic= e at 212 768 0088 and speaking to Nicholas Bowers or Elizabeth Lappin to con= firm the instructions and amount.    Please be very wary of a= ny request to change wire instructions that you already received and do not m= ake any changes without confirming with us on the phone.   Our fir= m is not responsible for third party fraud or electronic interceptions.

 

The information contained in this em= ail is intended only for the personal and confidential use of the named indi= vidual or entity to whom it is addressed. This message may be an attorney-cl= ient communication, and as such it is privileged and confidential. If the re= ader of this message is not the intended recipient or an employee or agent r= esponsible for delivering it to the intended recipient, you are hereby notif= ied that you have received this document in error, and any review, dissemina= tion, distribution or copying of this message or any part thereof is strictl= y prohibited. If you have received this communication in error, please notif= y us immediately by telephone and return the original message to us by email= .

 

From: stephen@transocean.com <stephen@transocean.com>
Sent: Tuesday, March 13, 2= 018 3:26 PM
To: Nick Bowers <Nb@nbowerslaw.com>
Cc: Elizabeth Lappin <elappin@nbowerslaw.com>
Subject:<= /b> RE: Sub basement at 267 Fifth Ave

 

Mobile is best =E2=80= =93 917-561-7397.

Thanks =E2=80=93

Stephen

 

 

From: Nick Bowers <Nb@nbowerslaw.com>
Sent: Tuesday, March 1= 3, 2018 3:23 PM
To: step= hen@transocean.com
Cc: Elizabeth Lappin <elappin@nbowerslaw.com>
Subject: RE= : Sub basement at 267 Fifth Ave

 

We are checking online as t= o what we think (architect=E2=80=99s opinion is much better). Since LL will n= ot represent that C of O is proper for your use, we will give you a general i= mpression as to whether the potential use may or may not be allowed under th= e C of O for the building. We can then speak later. What number is best to r= each you?

 

Best,

Nick

<= span style=3D"font-size:12.0pt;font-family:"Times New Roman",serif= ;color:black">........................

The Law Office of Nicholas E. Bowers, PLLC
108 Wes= t 39th Street, Suite 400

New York, New York 10018

t:  212 768 0088

c: 646 325 8988 <= o:p>

f:  530 325 4098

nb@NBowersLaw.com=

www.NBowersLaw.com<= /o:p>

 

<= p class=3D"MsoNormal">CYBER-= FRAUD WARNING    Please do not wire any funds to our office o= r to a third party involved in the transaction, without first calling our of= fice at 212 768 0088 and speaking to Nicholas Bowers or Elizabeth Lappin to c= onfirm the instructions and amount.    Please be very wary of= any request to change wire instructions that you already received and do no= t make any changes without confirming with us on the phone.   Our f= irm is not responsible for third party fraud or electronic interceptions.

 

The information contained in this e= mail is intended only for the personal and confidential use of the named ind= ividual or entity to whom it is addressed. This message may be an attorney-c= lient communication, and as such it is privileged and confidential. If the r= eader of this message is not the intended recipient or an employee or agent r= esponsible for delivering it to the intended recipient, you are hereby notif= ied that you have received this document in error, and any review, dissemina= tion, distribution or copying of this message or any part thereof is strictl= y prohibited. If you have received this communication in error, please notif= y us immediately by telephone and return the original message to us by email= .

 

From: stephen@transocean.com <stephen@transocean.com>
Sent: Tuesday, March 13, 2= 018 1:58 PM
To: Nick Bowers <Nb@nbowerslaw.com>
Subject: RE: Sub basement at 267 Fift= h Ave

 

Please let me know a good time to speak today.<= /o:p>

Not sure what the architect can do =E2=80=93= maybe just add this into the lease that it=E2=80=99s ok to use as a showroo= m?

 

 

From: Nick Bowers <Nb@nbowerslaw.com= >
Sent: Monday, March 12, 2018 5:04 PM
To: stephen@transocean.com
Cc: 'Ch= arley Peck' <charley@transocean= .com>
Subject: RE: Sub basement at 267 Fifth Ave

 

This looks pretty good. They made most changes. Feel free to call me= to discuss if you want. Two quick things. One you should check with an arch= itect to make sure the certificate of occupancy for the building/space allow= s for your intended use (since the landlord is having you take this space =E2= =80=9Cas is=E2=80=9D (legally and physically speaking). Also, the agreed to r= emove various things like charging you extra for electric and tax escalation= s. However, the rent seemed to be all inclusive, but this has you paying for= cleaning services and getting your cleaner approved. Just confirming that y= ou are OK with that.

 =

Best,

<= p class=3D"MsoNormal">Nick

........................

The Law Office of Nicholas E. Bowers, PLLC <= br>108 West 39th Street, Suite 400

New York, New York 10018

t:  212 768 0088

c: 646 325 8988=

f:  530 325 40= 98

nb@NBowersLaw.com

www.NBowersLaw.com

 =

CYBER-FRAUD WARNING    Please do not wire any funds to o= ur office or to a third party involved in the transaction, without first cal= ling our office at 212 768 0088 and speaking to Nicholas Bowers or Elizabeth= Lappin to confirm the instructions and amount.    Please be v= ery wary of any request to change wire instructions that you already receive= d and do not make any changes without confirming with us on the phone. =   Our firm is not responsible for third party fraud or electronic inter= ceptions.

 

The information contai= ned in this email is intended only for the personal and confidential use of t= he named individual or entity to whom it is addressed. This message may be a= n attorney-client communication, and as such it is privileged and confidenti= al. If the reader of this message is not the intended recipient or an employ= ee or agent responsible for delivering it to the intended recipient, you are= hereby notified that you have received this document in error, and any revi= ew, dissemination, distribution or copying of this message or any part there= of is strictly prohibited. If you have received this communication in error,= please notify us immediately by telephone and return the original message t= o us by email.

 =

From: stephen@transocean.com <stephen@transocean.com>
Sent: Monday= , March 12, 2018 7:24 AM
To: Nick Bowers <Nb@nbowerslaw.com>
Subject: FW: Sub basemen= t at 267 Fifth Ave

 <= o:p>

Hi Nick,

Please see remarks from landlord with revised lease.

Please review and advise if all looks in order.

Thanks,

S= tephen

 

 

From:= Pavan M. Uttam <pavan.ut= tam@upreallc.com>
Sent: Friday, March 9, 2018 6:18 PM
<= b>To: stephen@transocean.com
Cc: 'Charley Peck' <charley@transocean.com>; 'Dean Smith' <dean@transocean.com>
Subject: RE: Sub basemen= t at 267 Fifth Ave

 <= o:p>

Stephen:

 = ;

Ownership has authorized me to forwa= rd you the attached lease.

<= span class=3D"NoneA">They accep= ted most of your proposed changes with the following additions:

 

3Rider #2

1.&= nbsp; Real Estate Tax Rider      &n= bsp;            =     Landlord to pay all taxes in connection with the Demised P= remises.         If Tenant choose= s to renew the lease, 2020-2021 will be considered the Base Tax Year for the= purposes of renewal.

 

49.Cleaning <= /b>Tenant will provide its own cleaning services for the Demised prem= ises. If Tenant chooses to use any third party cleaning service, the third p= arty service must be approved by Landlord.

 

If this is acceptable, pleas= e sign, initial each page, notarize and return to us with 1st mon= th=E2=80=99s rent and security deposit.

 

Thank you in advance.

 

Kind= regards

 

Pavan

 

=

From: stephen@transocean.com <stephen@transocean.com>
Sent: Friday, March 9, 2= 018 8:48 AM
To: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>
Cc: Charley Peck &= lt;charley@transocean.com>;= 'Dean Smith' <dean@transocean.com= >
Subject: FW: Sub basement at 267 Fifth Ave

 

Pavan,

We had our Attorney review t= he lease, it is attached with his notes.  Please pass along to landlord= for their review and let us know next steps.

Thanks,

Stephen

 

 =

 

From: Pavan M. Uttam <pavan.uttam@upreallc.com>
Sent: Tuesday, Febru= ary 27, 2018 10:58 AM
To: stephen@transocean.com
Cc: 'Nadine Padilla' <nadinevanda@upreallc.com>; dean@transocean.com
Subject: RE: S= ub basement at 267 Fifth Ave

 

Hi Stephen:

 

Thank you for= the offer.

 

I spoke with the Landlord last night. The current tenant u= ses the space only during market and 2 other times a year, so they are low t= raffic as well.

The Landlord will not t= ake less than what he is currently getting.

 

Based on the below email, y= ou are offering $1985.50/month all inclusive.

 

Taking into consideration= your use and traffic, the Landlord has countered at:

  1. = $2200/month
  2. lease and rent to commence on April 1
    3. =
  3. spac= e will be delivered as is basis, vacant and broom clean
  4. 3.5% stan= dard escalations from Year 2

 

Please let us know if this is acceptable.

 

Kind regards

=

 

Pavan

 

From: stephe= n@transocean.com [mailto:steph= en@transocean.com]
Sent: Monday, February 26, 2018 1:14 PMTo: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>
Cc: 'Nadine Padilla' <nadinevanda@upreallc.com>; dean@transocean.com
Subject:= RE: Sub basement at 267 Fifth Ave

 

Hi Pavan,

We reviewed it here and have some thoughts.  If= you=E2=80=99re able to run by the landlord, that would be great.=

The accessibility is a major issue for sure, so w= e=E2=80=99d really only be using this space sporadically =E2=80=93 of a week= or so per month.

To that end, we can b= udget the following if it works for the building:

Rent =E2=80=93 we can offer $26 psf

Electric =E2=80=93 we feel since we will be very part time we can of= fer $2 psf.

Garbage =E2=80=93 again due= to light use, we can offer $0.50 psf.

= This brings the sum to about $28.50 which is in our range.

 

Please let me= know if this or something similarly structured can work for them.

Thanks for your help-

Stephen

 

 

 

 

From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]
Sent: Friday, = February 23, 2018 12:58 PM
To: 'Stephen Hoberman' <stephen@transocean.com>
Cc: '= Nadine Padilla' <nadinevanda@= upreallc.com>; dean@transocean= .com
Subject: RE: Sub basement at 267 Fifth Ave

 

That=E2=80=99s fine, have a great weekend.

 

From: Stephen Hoberman [mailto:stephen= @transocean.com]
Sent: Friday, February 23, 2018 9:32 AM
<= b>To: Pavan M. Uttam <pav= an.uttam@upreallc.com>
Cc: Nadine Padilla <nadinevanda@upreallc.com>; dean@transocean.com
Subject: Re: S= ub basement at 267 Fifth Ave

 

Thank you for this infor= mation.   I=E2=80=99m traveling today and will be back in the office Mo= nday.  We=E2=80=99ll have some firm answers for you then.  I hope t= his works, our whole team is in different places today.  

Stephen 


On Feb 22, 2018, at 6= :07 PM, Pavan M. Uttam <pavan= .uttam@upreallc.com> wrote:

Stephen: 

The space is approx. 836 sf.

LL is asking $30/sf for th= e space. Electric is $3.50/sf and garbage collection is $0.84/sf.

Term is between 3-5 years. 

 =

Thanks

 

Pavan

 

Sent from my iPhone


On Feb 21, 2018, at 12:35 PM, <= stephen@transocean.com> <= ;stephen@transocean.com> wr= ote:

Pavan,

We are interested in pursuing the space.  I just called and left a m= essage as well.  I=E2=80=99d like to get an outline of the terms and re= view the dates, etc.  Can you call me back when you have a chance?=

Thank you,

Stephen

Mobile =E2=80=93 917-561-7= 397

Office =E2=80=93 914-949-5656 x118<= o:p>

 

 

Stephen Hoberman=

Vice President =E2=80=93 Business Development

Trans-Ocean Import Co.

(917) 561-7397

stephen@transocean.com

 

 

 

From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]
Sent: Wednesda= y, February 21, 2018 11:54 AM
To: stephen@transocean.com; 'Nadine Padilla' <nadinevanda@upreallc.com>
Cc: dean@transocean.com
Subject:<= /b> RE: Sub basement at 267 Fifth Ave

 

Hi Stephen/ Dean:

 

Please advise your interest in the space.

 

Kind regards

 

Pavan

 

From: steph= en@transocean.com [mailto:step= hen@transocean.com]
Sent: Wednesday, February 14, 2018 2:03 P= M
To: 'Nadine Padilla' <nadinevanda@upreallc.com>
Cc: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>; dean@transocean.com
Subject:<= /b> RE: Sub basement at 267 Fifth Ave

 

It=E2=80=99s getting= pretty late and we=E2=80=99re in Westchester.

Is Friday morning possible?

&nb= sp;

 

<= p class=3D"MsoNormal">From: Nadine Padilla [mailto:nadinevanda@upreallc.com]
Sent: Wed= nesday, February 14, 2018 1:57 PM
To: stephen@transocean.com
Cc: Pavan M. Uttam <pavan.uttam@upreallc.com>; <= a href=3D"mailto:dean@transocean.com">dean@transocean.com
Subject:= Re: Sub basement at 267 Fifth Ave

 

Stephen,<= /p>

 

Today before 5 works tomorrow is no good.

 

Best,

Nadine 

 

Sent from my iPhone

<= /div>


On Feb 1= 4, 2018, at 1:25 PM, <stephen@t= ransocean.com> <stephen@= transocean.com> wrote:

Hi Nadine,=

I am trying to schedule time for a colleagu= e to visit today or tomorrow.

His name i= s Dean Smith =E2=80=93 he=E2=80=99s cc=E2=80=99d here.

Stephen

 

 

From: Nadine Padilla [mailto:nadinevanda@upreallc.com]
Sent: Wednesday, Febr= uary 14, 2018 1:12 PM
To: Pavan M. Uttam <pavan.uttam@upreallc.com>
Cc: stephen@transocean.com
Subject= : Re: Sub basement at 267 Fifth Ave

 

yes, i'll go speak w= ith him now. Stephen when are you available ? 

 

Sent from my iPhone


On Feb 14, 2018, at 9:26 AM, Pav= an M. Uttam <pavan.uttam@upre= allc.com> wrote:

Good morning Nadine&n= bsp;

Can you touch base with the l= andlord and schedule a viewing of the sub basement space either today or tom= orrow for Stephen, please ?

= Thanks 

Pavan 

Sent from my iPhone


On Feb 14, 2018, at 7:44 PM, &= lt;stephen@transocean.com> &= lt;stephen@transocean.com> w= rote:

Good Morning =E2=80=93 Just following u= p if we can visit today or tomorrow.

Th= anks,

Stephen

 

 

From: stephen@transocean.com [mailto:stephen@transocean.com]
Sent: Tuesday, Febru= ary 13, 2018 10:23 AM
To: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>
Subject:= RE: Textile Market

 <= o:p>

Hi Pavan,

I guess we didn=E2=80=99t realize the loss factor was so high. = I think we=E2=80=99d still like to pursue it, can I have one of my colleagu= es see the space tomorrow or Thursday?

= Stephen

 

 

From:= Pavan M. Uttam [mailto:pava= n.uttam@upreallc.com]
Sent: Monday, February 12, 2018 7:40 PM=
To: stephen@transocean.= com
Subject: Re: Textile Market

 

The net i= s 45 by 13 and when you deduct 30 percent loss factor from 836 you get a net= of 585.

LL says to use the f= reight elevator upto twice a month is acceptable.

<= p class=3D"MsoNormal">Thanks 

Pavan 

Sent from my iPhone

=


On Feb 1= 3, 2018, at 1:05 AM, <stephen@t= ransocean.com> <stephen@= transocean.com> wrote:

Does this say 1= 3=E2=80=99x45=E2=80=99?

That is only 58= 5 sf, that seems like too large a loss factor.

I thought it measured 18=E2=80=99 or so wide.

 

 =

From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com] Sent: Monday, February 12, 2018 2:30 PM
To: stephen@transocean.com
Subject: R= E: Textile Market

 

Hi Stephen:

 

I have forwarded your em= ail to the landlord. Please see attached floorplan.

 

Thanks

 

Pavan

 

From: steph= en@transocean.com [mailto:step= hen@transocean.com]
Sent: Monday, February 12, 2018 12:13 PM<= br>To: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>
Subject: RE: Textile Market

 

Pavan,

The team is inter= ested in the sub basement showroom.

Can= you just give some firm details on it?

Measurements, usable SF?

 

Also, can you find out if we=E2=80=99re able t= o use the freight elevator for deliveries once or twice per month since ther= e is no elevator directly to the showroom?

Thanks,

Stephen

 

 

From: stephen@transocean.com [mailto:stephen@transocean.com]
Sent: Wednesda= y, February 7, 2018 7:16 PM
To: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>
Subjec= t: RE: Textile Market

&= nbsp;

Pavan,

Thank you I will check with the owners.

If any other floors in the 800-1400 sf range open up please let u= s know.

Thanks,

Stephen

 

 

From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]
Sent: Wednesday, February= 7, 2018 2:43 PM
To: ste= phen@transocean.com
Subject: RE: Textile Market

=

 

Stephen:

 

We have no availability for market.

 

=46rom on or around A= pril 1, there is 837 sf available in the sub basement. Ask is in the low$30=E2= =80=99s.

 

Thanks

 

Pavan

 

From: stephen@transocean.com [mailto:stephen@transocean.com]
Sent: Wed= nesday, February 7, 2018 12:23 PM
To: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>
= Subject: RE: Textile Market

 

Just wanted to follow up ab= out market =E2=80=93 we=E2=80=99re trying to finalize plans. 

Please let me know availability for market and o= ngoing.

 

 

From:= Pavan M. Uttam [mailto:pava= n.uttam@upreallc.com]
Sent: Wednesday, January 31, 2018 5:32 P= M
To: 'Stephen Hoberman' <stephen@transocean.com>
Cc: nadinevanda@upreallc.com
Subject: RE: Textil= e Market

 <= /p>

Stephen:

&nbs= p;

I will update you tomorrow.

 

Kin= d regards

 

Pavan

 =

 

UP Real Estate Advisors LLC

146 West 29th St, 12th Fl

New York, NY 10001

www.upreallc.com

www.universtay.com

<image001.jpg><image002.jpg>=

 

 = ;

 

From: Stephen Hoberman [mailto:stephen@transocean.com]
Sent: Wednesday= , January 31, 2018 5:10 PM
To: Pavan M. Uttam <pavan.uttam@upreallc.com>
Cc: <= a href=3D"mailto:nadinevanda@upreallc.com">nadinevanda@upreallc.com
<= b>Subject: Re: Textile Market

 

Pavan-

Can we work on a space for March? 

 


On Jan 23, 2018= , at 7:56 AM, Pavan M. Uttam <pavan.uttam@upreallc.com> wrote:

Good= morning Stephen 

Nadine is c= hecking with the tenant and will confirm shortly.

<= p class=3D"MsoNormal">Kind regards 

Pavan 

Sent from my iPhone


On= Jan 23, 2018, at 9:08 AM, <ste= phen@transocean.com> <st= ephen@transocean.com> wrote:

Hello,

I am planning to be by there this afterno= on around 5pm.  Is that ok to see the available spaces? 

My mobile # is (917) 561-7397 if you need to re= ach me.

 

Thanks,

Stephen

 =

 

From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]
Sent: Wednesd= ay, January 17, 2018 11:21 AM
To: stephen@transocean.com
Subject: RE: Textile Market

 

The 600 sf just signed a lease. We have two spaces approx. 1= 250 and 1750 sf on the 5th floor that are available on or after M= arch 1st on long term basis for $62/ sf plus electric.=

We could also divide the 1250 sf into 2 spaces wi= th a curtain for market. That would be for $5500 each for market week.<= /o:p>

I=E2=80=99m happy to show you next week.

 

Kind regards

 

Pavan

 <= o:p>

UP Real Estate Advisors LLC=

146 West 29th St, 12th Fl

New York, NY 10001

w= ww.upreallc.com

www.universtay.c= om

<image001.jpg>&= lt;image002.jpg>

 

 

 <= o:p>

 

 

From: <= a href=3D"mailto:stephen@transocean.com">stephen@transocean.com [mailto:stephen@transocean.com]
Sent: Wednesday, January 17, 2018 10:48 AM
To: 'Pavan M. Utta= m' <pavan.uttam@upreallc.com<= /a>>
Subject: RE: Textile Market

 

Can you tell m= e about the 600 sf space?  Is it still available =E2=80=93 what floor =E2= =80=93 how much would it be for the market?

We like the building very much =E2=80=93 would love to consider for per= manent down the line.

I=E2=80=99d still= like to come see it next week.

 <= o:p>

 

From: Pavan M. Uttam [mailto:pavan.uttam@upreallc.com]
Sent: Tuesday= , January 9, 2018 3:51 PM
To: stephen@transocean.com
Subject: RE: Textile Market<= /o:p>

 

Sure, please email or call us at 212 643 8850 closer to the time= .

 

From: ste= phen@transocean.com [mailto:st= ephen@transocean.com]
Sent: Tuesday, January 9, 2018 3:45 PM<= br>To: 'Pavan M. Uttam' <pavan.uttam@upreallc.com>
Subject: RE: Textile Market

 

That sounds very nice and might work.

Can I come and see it on 1/23 when I am back in NYC?<= /p>

 

 =

From: Pavan M. Utt= am [mailto:pavan.uttam@upreallc.= com]
Sent: Tuesday, January 9, 2018 3:41 PM
To: stephen@transocean.com
Subje= ct: RE: Textile Market

=  

Stephen:

 

Thank you for the em= ail. We may have a 600 sf space available for market week. It=E2=80=99s well= laid out so it might work for you. I=E2=80=99m happy to show you if you lik= e.

 

Also, do consider this building for permanent space going forward. I= t=E2=80=99s got a very nice lobby, the showrooms have high ceilings, the bui= lding is well run and the staff is great.

 

Kind regards

 

Pavan M. Ut= tam

 

UP Real Estate Advisors LLC

146 West 29th St, 12th Fl

New York, NY 10001

www.upreallc.com

<image001.jpg>

<= p class=3D"MsoNormal"> 

 

From: stephen@transocean.com [mailto:stephen@transocean.com]
Sent: Tues= day, January 9, 2018 3:02 PM
To: pavan.uttam@tclnyc.com
Subject: Textile Market

 

Pavan,

Was curious if 267 Fi= fth would want to rent any space out just for the market week in March. = ; We just moved out of our showroom on Madison and are not sure which buildi= ng to move into =E2=80=93 so we wanted to get a temp space for this market u= ntil we figure it out.

We are a rug com= pany and would need 800-2200 sf.

Thanks= ,

Stephen

 

 

Stephen Hoberman

Vic= e President =E2=80=93 Business Development

Trans-Ocean Import Co.

(917) 561-73= 97

stephen@transocean.com

 =

=
= --Apple-Mail-1ACC9377-A465-4772-902A-9A6831580F00--