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  • Page 1
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  • ESBA land building cost percentages
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  • Empire State Building $600 Million lawsuit against Peter Malkin and Tony Malkin
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  • Case 1:14-cv-01140 EDELMAN v. SECURITIES AND EXCHANGE COMMISSION Complaint
  • AGREEMENT BETWEEN MALKIN HOLDINGS LLC AND HELMSLEY ENTERPRISES, INC.
  • PARTNERSHIP AGREEMENTS and FORM OF PARTICIPATING AGREEMENT For Lincoln and Fish Buildings
  • Helmsley Management to self manage
  • SEC Division of Corporation Finance Staff Legal Bulletin No. 1 (with Addendum) "Confidential Treatment Requests"
  • Untitled
  • EDELMAN v. SECURITIES AND EXCHANGE COMMISSION-Case Assigned to Judge Rosemary M. Collyer. (md, )
  • About 20% of the people who were warned over a two-year period that they might be sued by U.S. regulators for allegedly violating securities law ended up not facing charges
  • justice.gov guide-freedom-information-act
  • September 19, 2013
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  • GAVIN v. UNITED STATES SECURITIES EXCHANGE COMM., Civil No. 04-4522 (PAM/JSM). , at 4 (D. Minn. Oct. 13, 2006)
  • Empire State Realty Trust Ownership
  • Improvements ownership
  • Therefore, each of Associates and Lessee will ultimately bear one-half of the cost of the improvement program
  • CF Memo
  • SEC Is Steering More Trials to Judges It Appoints
  • 10/20/14 Activity in Case 1:14-cv-01140-RMC EDELMAN v. SECURITIES AND EXCHANGE COMMISSION Order
  • NYC Rooftop RF Options Widen
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  • Law360: Empire State Building Investors Launch Another Suit Over IPO
  • 2/17/15: PLAINTIFF’S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT
  • ESB SEC FOIA Requests Updated List
  • ESB SEC FOIA Requests Updated List March 2015
  • 04/17/15 RICHARD EDELMAN, ) Plaintiff, ) ) v. ) Case No. 1:14-CV-1140 (RDM) ) SECURITIES AND EXCHANGE ) COMMISSION, ) Defendant.
  • Malkin attorneys FOIA requests for ESB investigation files rebuffed by SEC
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  • Malkin Holdings lawyers Dewey Pegno SEC FOIA requests Empire State Building
  • Federal Court to Rule on release of SEC ESRT-Malkin Holdings Investigation Files
  • Peter Malkin Tony Malkin Lose Empire State Building Case Ruling
  • Malkin Holdings, Peter Malkin and Tony Malkin lose counterclaim ruling in Empire State Building Arbitration case.
  • Federal Court to rule on release of SEC ESRT Malkin Holdings ​Empire State Building investigation files.
  • SEC FOIA Lawsuit Empire State Realty Trust Malkin Holdings Consumer Complaints
  • Empire State Realty Trust Income Tax Treatment according to Malkin Holdings LLC
  • February 20, 2013 Re: In re Empire State Realty Trust, MNY-08894
  • SEC 662
  • SEC lawyers Empire State Building sale notes from calls and meetings with Malkin Holdings managers ordered released by Federal Judge
  • Malkin answer to SEC about unauthorized renewal of Empire State Building Master Lease
  • "SEC Ordered To Turn Over Empire State REIT Docs Index"
  • Empire State Building Department of Justice FOIA ruling Malkin Holdings

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