http://sec.gov/Archives/edgar/data/32776/000119312512159041/d329525d10k.htm
PART I
Item 1.Business.
(a) General
"The Sublease provided four separate options for Sublessee to renew the term, in each case for an additional 21 years, on the terms of the original Sublease. Such renewals have been exercised by Sublessee (a) on January 30, 1989, for the first renewal period from January 5, 1992 through January 4, 2013 and (b) as of February 11, 2010, for the remaining three renewal periods from January 5, 2013 through January 4, 2076 (the last two such renewals being exercised by Sublessee with Registrant’s consent for early exercise). "
1
EX-10 2 esbaexh10e4letters.htm EXHIBIT 10 EExhibit 10 (e)
EMPIRE STATE BUILDING ASSOCIATES L.L.C.
c/o MALKIN HOLDINGS LLC
One Grand Central Place
60 East 42nd Street
New York, New York 10165
As of January 1, 2010
BY HAND &
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Empire State Land Associates L.L.C.
c/o Malkin Holdings LLC
One Grand Central Place
60 East 42nd Street
New York, New York 10165
Re:
Empire State Building
350 Fifth Avenue
New York, New York
Gentlemen:
Reference is made to the Modification of Indenture of Lease, dated December 27, 1961, between us, as amended (the “Lease”), relating to the above-captioned property.
Pursuant to Article 20 of the Lease, the undersigned hereby notifies you that it elects to and does hereby exercise its option to renew the Lease for the Second Renewal Term, so that the term of the Lease is hereby extended for a period of twenty-one years from January 5, 2013 to January 5, 2034.
Very truly yours,
EMPIRE STATE BUILDING ASSOCIATES L.L.C.
By: /s/ Peter L. Malkin
Peter L. Malkin, Member
The undersigned hereby acknowledges receipt of this notice of extension of the Lease term for the Second Renewal Term
EMPIRE STATE LAND ASSOCIATES L.L.C.
By: Empire State Building Associates, L.L.C., Sole Member
By: /s/ Anthony E. Malkin
Anthony E. Malkin, Member
EMPIRE STATE BUILDING ASSOCIATES L.L.C.
c/o Malkin Holdings LLC
One Grand Central Place
60 East 42nd Street
New York, N.Y. 10165
as of January 1, 2010
VIA REGISTERED MAIL
RETURN RECEIPT REQUESTED
Empire State Land Associates L.L.C.
c/o Malkin Holdings LLC
One Grand Central Place
60 East 42nd Street
New York, New York 10165
Re:
Lease dated as of December 21, 1951, as amended (the “Lease”) between The Prudential Insurance Company of America, as Lessor, and Alglan Realty Corporation, Rostev Realty Corporation and Bentob Realty Corporation, as Lessee;
Premises: 350 Fifth Avenue, New York, New York
Gentlemen:
Empire State Building Associates L.L.C. (successor in interest to Alglan Realty Corporation, Rostev Realty Corporation, and Bentob Realty Corporation) hereby exercises its remaining two options to renew the term of the Lease two 21-year terms, aggregating an additional 42 years, commencing January 5, 2034, notwithstanding any provision of Section 20.01 of the Lease requiring the undersigned to exercise such renewal options, respectively, between January 5, 2013 and January 5, 2031 and between January 5, 2034 and January 5, 2052. Please consent to the early exercise of these renewal options, thereby waiving such requirement.
.
Very truly yours,
EMPIRE STATE BUILDING ASSOCIATES L.L.C.
By:
/s/ Peter L. Malkin
Peter L. Malkin, Member
By:
/s/ Anthony E. Malkin
Anthony E. Malkin, Member
The undersigned hereby consents to the exercise of the foregoing renewal options for an additional 42 years commencing January 5, 2034, notwithstanding the requirement of such Section 20.01 that such options be exercised, respectively, between January 5, 2013 and January 5, 2031 and between January 5, 2034 and January 5, 2052.
EMPIRE STATE LAND ASSOCIATES L.L.C.
By: EMPIRE STATE BUILDING ASSOCIATES L.L.C., its sole member
By:
/s/ Peter L. Malkin
Peter L. Malkin, Member
By:
/s/ Anthony E. Malkin
Anthony E. Malkin, Member
EMPIRE STATE BUILDING COMPANY L.L.C.
c/o Malkin Holdings LLC
One Grand Central Place
60 East 42nd Street
New York, N.Y. 10165
as of February 11, 2010
VIA REGISTERED MAIL
RETURN RECEIPT REQUESTED
Empire State Building Associates L.L.C.
c/o Malkin Holdings LLC
One Grand Central Place
60 East 42nd Street
New York, New York 10165
Re:
Sublease dated December 27, 1961, as amended (the “Lease”) between Empire State Building Associates L.L.C. (then known as Empire State Building Associates), as Sublessor, and Empire State Building Company L.L.C. (then known as Empire State Building Company), as Sublessee;
Premises: 350 Fifth Avenue, New York, New York
Gentlemen:
Empire State Building Company L.L.C. hereby exercises its remaining two options to renew the term of the Lease for two 21-year terms, aggregating an additional 42 years, commencing January 4, 2034, notwithstanding any provision of Section 20.01 of the Lease requiring the undersigned to exercise such renewal options, respectively, between January 4, 2013 and July 4, 2031 and between January 4, 2034 and July 4, 2052. Please consent to the early exercise of these renewal options, thereby waiving such requirement.
Very truly yours,
EMPIRE STATE BUILDING COMPANY L.L.C
By:
/s/ Peter L. Malkin
Peter L. Malkin, Member
The undersigned hereby consents to the exercise of the foregoing renewal options for an additional 42 years commencing January 4, 2034, notwithstanding the requirement of such Section 20.01 that such options be exercised, respectively, between January 4, 2013 and July 4, 2031 and between January 4, 2034 and July 4, 2052.
EMPIRE STATE BUILDING ASSOCIATES L.L.C.
By:
/s/ Peter L. Malkin
Peter L. Malkin, Member
By:
/s/ Anthony E. Malkin
Anthony E. Malkin, Member
EMPIRE STATE BUILDING COMPANY L.L.C.
February 11, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND BY HAND
Empire State Building Associates L.L.C.
c/o Wien & Malkin LLP
60 East 42nd Street
New York, New York 10165
Empire State Building Associates L.L.C.
c/o Malkin Holdings LLC
60 East 42nd Street
New York, New York 10165
RE:
Empire State Building – 2nd Renewal and Extension
350 Fifth Avenue
New York, New York
Gentlemen:
Reference is made to that certain sublease, dated December 27, 1961, between us, as amended (the “Sublease”), relating to the above-captioned premises. All terms used but not defined herein shall have the meanings ascribed to them in the Sublease.
Pursuant to Sections 20.01 and 20.04 of the Sublease, the undersigned does hereby notify you that it is exercising its option to renew the Sublease for the Second Renewal Term from January 4, 2013 to January 4, 2034. Therefore, pursuant to Section 20.04 of the Sublease, within seven days after the receipt of this notice you are required to give notice to Empire State Land Associates L.L.C. exercising your then current option to renew the Lease (as defined in the Sublease) for the period from January 4, 2013 to January 4, 2034 and notify the undersigned within ten days after you give such notice. Please provide the undersigned with a copy of your notice to Empire State Land Associates L.L.C.
Very truly yours,
EMPIRE STATE BUILDING COMPANY L.L.C.
By LMH EBC LLC, Member
By Helmsley Enterprises, Inc.
its non-member manager
By:
/s/ Harold A. Meriam
Harold A. Meriam
Senior Vice President
Copy:
Empire State Building Associates L.L.C., by hand
Wien & Malkin LLP by certified mail, return receipt requested and by hand
Malkin Holdings LLC by certified mail, return receipt requested and by hand
