Michael A. McGrath and Frances Y. McGrath - Page 6




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          installments and due on the first day of each month at the rate             
          of $2,192.67 per month.  Petitioners were not obligated to pay              
          the fixed minimum rent until 6 months after the day the Bakery              
          was first opened for business to the public.                                
               In addition to their obligation to pay the fixed minimum               
          rent, petitioners were also obligated to pay to TUP 130 various             
          other charges such as real estate taxes (estimated as $276.47 per           
          month), common area (estimated as $476.67 per month), insurance             
          (estimated as $10.49 per month), water and sewer service ($16.80            
          per month), and merchants’ association or marketing fund charges            
          ($166.83 per month).  These other charges totaled $947.26 per               
          month.  Other than the water and sewer charge, petitioners’                 
          obligation to pay these charges did not begin until 6 months                
          after the day the Bakery was first opened for business to the               
          public; petitioners’ obligation to pay water and sewer charges              
          did not include the 6-month delay language.                                 
               As a result, the Lease’s 6-month delay language applied to a           
          total of $3,123.13 per month ($2,192.67 fixed minimum, plus                 
          $947.26 other charges, less $16.80 water and sewer services), or            
          $18,738.78 for the 6 months.                                                
               The Lease further obligated petitioners to maintain                    
          throughout the term thereof and at their own expense, (1) public            
          liability insurance covering the store space and their use                  
          thereof, and (2) “fire and extended coverage” insurance.                    






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Last modified: May 25, 2011