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SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
SUMMONS IN A CIVIL ACTION
V. CASE NUMBER:
JEFFREY EPSTEIN and
IVAN FISHER, 0,1
TO: Mr* inel Awns a Ovnimi
IVAN FISHER
34 East 69th Street
New York, NY 10021
YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon
PLAINTIFFS ATTORNEY in,.. sae addross)
M. CHINTA GASTON
Assistant United States Attorney
100 Church Street — 1943
New York, New York 10007
an answer to the complaint which is herewith served upon you, within 60 days after service of
this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default
will be taken
against you for the relief demanded in the complaint.
CLERK
PARKISON Ii0v.4103.
DATE
BY DEPUTY CLERK
EFTA00597016
MARY JO WHITE
United States Attorney
By: M. CHINTA GASTON (MG - 8392)
Assistant United States Attorney
100 Church Street -- 19th Floor
New York, New York 10007
Tel./ (212) 385-6376
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
x
UNITED STATES OF AMERICA,
Plaintiff,
- against - COMPLAINT
96 Civ.3307(CC )
JEFFREY E. EPSTEIN AND IVAN FISHER,
Defendants.
Plaintiff, the United States of America, by its
attorney, Mary Jo White, United States Attorney for the Southern
District of New York, for its complaint against defendants,
alleges upon information and belief as follows:
1. Plaintiff, the United States of America on behalf
of the Office of Foreign Missions of the Department of State
("OFM" or the "Government") is the custodian of the residence of
the former Iranian Ambassador to the United Nations, which is
located at 34 East 69th Street, New York, New York (the
"Premises").
2. Defendant Jeffrey E. Epstein ("Epstein") is a
resident of the City of New York and party to a residential lease
with OFM for the Premises.
3. Defendant Ivan Fisher ("Fisher") is a resident of
the City of New York and is an unapproved subtenant currently
residing at the Premises.
EFTA00597017
4. This Court has jurisdiction by virtue of 28 U.S.C.
§ 1345 because the United States is a party.
5. Venue in this district is proper pursuant to 28
U.S.C. § 1391 because this is the district in which the
defendants reside and because this is the district in which the
claim arose.
6. Although the Premises belong to the Government of
Iran, OFM functions as the custodian of this and other Iranian
properties that have been frozen pursuant to the International
Emergency Economic Powers Act ("IEEPA"), 50 U.S.C.App. S 1701(a),
and applicable Executive Orders. OFM manages and leases the
Premises pursuant to the terms of a license granted by the Office
of Foreign Assets Control of the United States Department of
Treasury under the authority of IEEPA.
7. As property of a foreign sovereign that the United
States government has frozen, and now administers, in accordance
with federal law, the Premises is not subject to the New York
City Rent Law and Rehabilitation Law, the New York City Rent
Stabilization Law, or any other state or city law or regulation.
8. On or about February 1, 1992, the OFM entered into
a written lease with Epstein for use and occupancy of the
Premises. A true copy of the Lease is attached as Exhibit A and
is incorporated herein by reference.
9. The term of the Lease was from February 1, 1992
through January 31, 1994.
10. On or about August 28, 1992, Epstein and OFM
entered into an amendment to the Lease, which, inter alia,
extended the term of the Lease through January 31, 1997 (the
2
EFTA00597018
"Lease Amendment"). A true copy of the Lease Amendment is
attached as Exhibit B and is incorporated herein by reference.
The Lease Amendment was made retroactively effective to February
1, 1992.
11. The Lease requires that the Premises be occupied
only by Epstein, along with his wife and children, if any, as
their personal residence, and/or by Epstein's personal servants
or employees.
12. The Lease also permits Epstein to have approved
subtenants or assignees, but any sublet or assignment requires
advance written permission from OFM.
13. Under the Lease Amendment, Epstein has a "right of
first refusal" to lease the Premises again at the end of the
lease term, at the then fair market rental of the Premises.
14. On or about February 1, 1992, defendant Epstein
took possession of the Premises.
15. On or about January 3, 1996, Epstein vacated the
Premises. Epstein did not advise OFM that he had vacated the
Premises.
16. Epstein failed to make timely rent payments for
February and March 1996.
11. By letter dated April 19, 1996, Epstein informed
OFM, through his attorney, that he wished to sublet the Premises
or assign the Lease to Ivan Fisher.
12. By letter dated April 26, 1996, the Government
informed Epstein that it would not approve a sublease or
assignment of the Premises to Fisher.
3
EFTA00597019
17. Despite the Government's refusal to approve Ivan •
Fisher as a subtenant, Epstein entered into a sublease for the
Premises with Ivan Fisher on or about May 7, 1996 (the
"Sublease"). A true copy of the Sublease is attached as Exhibit
C and is incorporated herein by reference.
13. On or about May 16, 1996, a Government employee
visited the premises and found that Fisher was occupying and
using the Premises as his home.
14. By letter dated June 3, 1996, sent to Epstein by
certified mail-return receipt requested, the Government notified
Epstein that he was in default of the Lease and Lease Amendment
for not occupying the Premises personally and for permitting an
unapproved subtenant to occupy the Premises (the "Notice of
Default"). The Notice of Default granted Epstein thirty days to
cure the default. True copies of the Notice of Default and the
certified mail receipt are attached as Exhibit D and incorporated
herein by reference.
18. On or about July 19, 1996, a Government employee
visited the Premises and confirmed that Fisher continued to
occupy the Premises.
19. By letter dated August 7, 1996, sent to Epstein by
certified mail-return receipt requested, the Government informed
Epstein that in light of his failure to correct the default and
pursuant to the terms of the Lease, the Lease would be terminated
as of August 23, 1996 (the "Termination Notice"). The
Termination Notice directed Epstein to have the Premises vacated
and to return the keys to the OFM by August 20, 1996. True
4
EFTA00597020
copies of the Termination Notice and the certified mail receipt
are attached as Exhibit E and incorporated herein by reference.
20. As of October 30, 1996, Epstein has not
relinquished the Premises to the Government and Fisher remained
in residence at the Premises.
WHEREFORE, the Government prays for a judgment against
defendants Epstein and Fisher: (a) terminating the Lease and
Lease Amendment; (b) awarding possession of the Premises to the
Government; (c) for all unpaid use and occupancy, including use
and occupancy accruing and unpaid after the date of this action;
(d) for attorneys' fees and the other costs and liquidated
damages specified in the lease; and (e) for such other relief as
the Court deems just.
Dated: New York, New York
October 30, 1996
MARY JO WHITE
United States Attorney for the
Southern District of New York
Attorney for the Plaintiff
By:
M. CHINTA GASTON (MC - 8392)
Assistant United States Attorney
100 Church Street, 19th Floor
New York, New York 10007
Telephone: (212) 385-6376
5
EFTA00597021
EXHIBIT A
EFTA00597022
LEASE AGREEMENT
Landlord and Tenant agree to lease the Premises at the rent
and for the term stated as follows:
Landlord: OFFICE OF FOREIGN MISSIONS
DEPARTMENT STATE
2201 C Street, . Room 2236
Washington, Gas
Tenant: Jeffrey E. Epstein
Wexner investment Company
34 East 69th Sheet
Now York, New York 10022
Premisos: 34 East 49th Street, Pew York, New York
rccr.".3 Jill.. <7 1
Lease Terrn: 3 Years; beginning Jettaerrttrt991- f - fife-
through January 31, 1994 •
USE
The Premises will be occupied by: (1) Tenant, his/her spouse
(If any), and his/her children Of any) as their personal residence:
(II) Tenant's personal servants and employees: and/or (1il)
approved subtenants or approved assignees and their respective
families, and for no other purpose.
RENT
The rent payment for each month must be paid on the first
day of that month at Landlord's (Richest at forth above. Rent
received tater than the tenth business day of any month Mat be
accompanied by a late fee amounting to 2% of the rent payable
for such month. Such late too wilt bo deemed additional rent. In
no event may any amount be subtracted from H. The first month's
rent Is to be paid when Tenant signs this lease, If Tenant falls to
payageddittonal font on time, Landlord shall have the same
righ inst Tenant as If It were a !allure to pay rent,
Rent payments shall be made as folioWs:
1&4. /toe cirm"encena..f rie.rt iri a.
*Ind. Twelve thousand dollars ($13,000) per month shall be
payable thereafter on the first of each month, during the first 2
years of the term of the lease. Commencing February 1, 1994,
thirteen thousand dollars ($13,000) per month shall be paid on the
first of each month for the bdance of the term of the lease
agreement.
EFTA00597023
-2-
SECURITY
At the time the tease Is signed the Tenant will give security
deposit to Landlord in the amount of $12,000. if Tenantafully
compiles with all the terms of this lease, Landlord will
security deposit to Tenant within fifteen (15) days afterreturn
the
the
term
ends. Landlord shall place the security deposit in an Interest
bearing account paying the prevailing rate. Tenant shall be
entitled to the interest earned on such security deposit, less one
(1%) pencentum of such interest which Landlord may retain for
administrative costs. If Tenant does not fully comp ly with the
terms of this lease, Landlord may, following the expir ation of the
applicable grace and cure periods oiler notice, use the
deposit to pay amounts owed by Tenant pursuant to this secu lease
rity
during the course of this lease, Landlord sells the Prem . if
Landlord will transfer the security deposit to the ises,
event, Tenant will look to the buyer for the returnbuye
of
r and, In that
the
deposit. Tenant may not utilize the security deposit as security
shall not apply same to the lost month's rent. rent and
UTILITIES AND SERVICE
Tenant Mall pay for the following utilitie and services
billed by the public utility or other third pattys supp lying
when
some
gas, water, electric, fuel, telephone, gardening, extermina :
and trash removaL The foregoing sentence is not inten ting
and does not create any third party beneficiaries or any ded to
anyone not a party to this lease. rights In
An elevator maintenance service contr
maintained, continued and paid for by Landact shall be
lord.
sentence Is not Intended to and does not create The foregoing
arty third party
beneficiaries or any rights In anyone not a party to
Tenant shall maintain The security alarm system. this lease.
REPAIRS, ALTERATIONS
••
Subject to the provisions of this lease Tenant r."-if
I.
at the end of the fawn return the Premises, and all
shall keep, and
;:-
equipment, furniture, furnishings and other appliances,
perso nal
Therein clean and in good order and repair, but nothi property
contained herein or otherwise is intended to nor ng
in landlord any ownership Interest in any of Tena shall It: (I) create
nt's Personally;
or (II) cause Tenant to be responsible for repairing
EFTA00597024
-3-
or maintaining the structural elements or roof of the Premises or
the elevator therein, all of which Landlord hereby agrees to
maintain and repair. Tenant shall not be responsible (or ordinary
wear and tear or damage by acts of God or other similar
casualties or the element., tf Tenant falls to maintain the Premises
as aforesaid, Landlord may, following the expiration of the
applicable grace and cure periods after notice, make such
repairs and charge Tenant the reasonable cost of same.
Tenant may not after, change or add to the Premises without
the advance permission of Landlord. Landlord shall have thirty
calendar days tonowIng Tenant's written request for such
permissions In which to notify Tenant of any disapproval Work
which is not disapproved within that lime shall be deemed
approved. All permits or tees which may be required In
connection with on approved request shall be at tenant expense.
All improvements done by a previous tenant Indicated on the
attached list entitled 'Chandeliers, Sconces, Mirrors,' have
become the sole property of Landlord and may not be disposed
of without the Landlord's written consent.
CARE OF PREMISES, GROUNDS
Tenant shall keep the grounds around the Premises neat and
clean. Vehicles may be driven or parked only in driveways or in
the garage.
FIRE, DAMAGE
Tenant shall give Landlord immediate notice In case of fire or
other damage to the Premises. Landlord WIN have the right to
repair the damage within a reasonable period of time or tf the
damage is so substantial that It cannot be repotted within a
reasonable period of the, to cancel this lease. Tenant shall pay
rent only to the date of the fire or damage. tf Landlord don not
repair the Premises within three months of date of damage Tenant
shall have the right to terminate the lease.
LIABILITY
Landlord shall not be liable for loss, expense or damage to
any person or property caused by Tenant, Tenant's family, guests,
Invitees, Independent contractors or employees. Tenant is
responsible for all acts of tenant, Tenant's Family, employees,
guests, Independent contractors and Invitees. Tenant shall not be
responsible for damage caused by Landlord, his servants,
employees, Independent contractors or Invitees.
EFTA00597025
-4-
ASSIGNMENT, SUBLET
Tenant may sublet all or pal of the Premises, ar assign this
lease or permit any other person to use the Premises with the
advance written permission of Landlord.
LANDLORD MAY EMIR, KEYS, SIGNS
Except III cairn 01life-threalentng or properly-threatening
emergency, Landlord win give Tenant reasonable notice and will
only enter the Premises at reasonable times, to examine, make
repairs or alterations, or to *low the Premises to possible buyers,
lenders or tenants. Tenant shall ghee fo Landlord keys to all locks.
Locks may not be changed or attentions:3i locks Installed wtthout
Landlord's advance consent, which consent shall not be
unreasonably delayed or withheld. Doors shall be locked at all
times they are not In use. Windows shall be locked when Tenant
is out.
CONDEMNAtION
It all of the premises Is taken or condemned by o legal
outhorIty, the term hereof, and Tenant's rights hereunder, shall
end as of the date the authority takes title of the Premises. If a
material part of the Premises Is taken, Landlord may cancel this
lease on notice to Tenant setting forth a cancellation date not less
than thirty (30) days from the date oft?* note*. it the Ina Is
cancelled, Tenant shall deliver the Premises to Landlord on the
cancellation date together with an rent due to that date. The
award for any taking shall be apportioned between Landlord,
who Is entitled to that portion derived from the state of the
?remits's on the date fhls lease is signed ( and any Improvements
made by Landlord) and Tenant, who Is 'relied-to that portion
derived from any Improvements made by Tenant.
COMPLIANCE WITH AUTHORMES
Tenant *all, at Tenant's cost, promptly comply with an
orders, toles and directions of di governmental authorities,
property owners' assoclatioru, Insurance carriers, Board of Fire
Underwriters or shrike group which are property Issued to and
directed to the particular uses Tenant Is making of the Insurance
premiums, If any, but If Tenant causes Landlord's Insurance
premiums to be Increased, Tenant shall compensate Landlord for
such additional costs.
EFTA00597026
4-
TENANTS DEFAULTS AND LANDLORD'S REMEDIES
A. Landlord shall give: (I) ten (10) days mitten notice
to Tenant to cure any (allure to pay rent or additional rent on time;
and (II) thirty (30) days written notice to tenant to cure: (a) an
unapproved assignment of this lease, unapproved subletting of
all or part of the Premises or allowing another to use the Premises
wtthout Landlord's approval; (b) unlawful conduct by Tenant or
another occupant of the Premises; or (o) any other defcat under
this lease, unless tarn* Is not susceptible to being cured within
the tune period set forth herein, in which event Tenant shall be
entitled to a cure period equal to the time period that Is
necessary to cure the default provided Tenant is attempting
diligently to effect such cure.
E. If Tenant faits to correct a default within the
applicable period sot forth above after nonce, Landlord may
cancel this lease by giving tenant a written ten (ID) day notice
stating the date the term will end. On that date the term hereof
and tenant's rights in fi ts lease shag end and Tenantshall leave
Premises and give Landlord the Keys.: 'Tenant shall Continue to be
responsible for rent accrued prior to such termination as well as
for all other obligations that accrued under this lease prior to such
termination In respect of time periods prior thereof.
C. If this lease Is cancelled, Landlord may, In addttlon
to its other remedies hereunder, remove any person or property
therefrom; or (b) use dispossess, eviction or other lawsuit method
to take back the Premises.
D. If the Lease Is terminated as result of Tenant's
default hereunder beyond ail applicable grace and cute periods,
Landlord may no-rent the Premises and anything in It for any
term. Landlord may re-rent for a lower rent and give allowance
to the new tenant. Tenant shall be responsible for Landlord's s
reasonable costs or re-renting.
CORRECTING TENANTS DEFAULT
If Tenant falls to correct a default hereunder after the
expiration ofIto applicable grace and cur. period following
notice, Landlord may correct It for Tenant at Tenant's expense.
EFTA00597027
-6-
CANCELLATION
In the event that diplomatic ►elation are re-established
between the United States Government and the Government of
Iran Tenant shall be given one hundred eighty days (180) written
notice during the nye year of the lease and ono hundred twenty
days (120) thereafter prior to the rent due date to vacate the
premises without damage to Landlord. Otherwise, except In the
cases of an uncured default by Tenant or tmrepa1rable damage
covered in the paragraphs entitled 'TENANTS DEFAULTS AND
LANDLORD'S REMEDIES" Landlord will not terminate this lease.
ILLEGALITY
If any part of this lease Is not legal, the rest of the lease will be
unaffected; provided, however, that Tenant shall have no
obligation under the lease It Landlord don not provide Tenant
with use and occupancy and quiet enjoyment of the promises.
NO WAIVER
Landlord's (allure to enforce any terms of this lease shall not
prevent Landlord from enforcing such terms at a later time.
QUIET ENJOYMENT
Landlord agrees that If Tenant pays the rent and is not In
default under this lease, Tenant may peaceably and quietly
hove, hold and enjoy the premises for the term of this lease.
SUCCESSORS
Thit lease is binding on Landlord and will Inure to the benefit
of all parties who lawfully succeed to the rights or take the place
of Tenant.
REPRESENTATIONS, CHANGES IN LEASE
Tenant has read this tease. All promises made by Landlord
are In this lease. There are no others. This lease may be
changed only by an agreement In writing signed by and
delivered to each party.
PARAGRAPH HEADINGS
The paragraph headings are for convenience only.
EFTA00597028
_7_
EFFECTIVE DATE
This lease Is effective when Landlord delivers lo Tenon? a
copy signed by an partial.
INSURANCE
Tenant shall be responsible for obtaining or teeing that
Tenant's contractors performing the approved renovation work
have adequate Insurance.
TENANTS RIGHTS IF LANDLORD SELLS
Should Landlord decide to soil the Premises, Tenant shall
have a 'right of first refusal' to purchase the Promises al a price
commensurate with the current market value.
AUTHORITY
This lease Is being entered into pursuant to the Foreign
Missions Act of 1982, 22 U.S.C. 4306 (d) In that it Is 'entered Info
without regard to laws and regulations otherwise applicable to
solicitation, administration, and performance of government
contracts.'
// id
NAML: Hory W. Porter III
MI: Deputy Director
Office of ore grit Missions
DATE: 2.,
IESIANT
NAME: 4.ff yT Epstein
TITLE: Pre ant
We nor investment Company
DATE:
EFTA00597029
EXHIBIT B
EFTA00597030
alialIDANNT
ASSINDXSOT WO. 1 to the Lease effective February 1, 1092 by
and between office of Foreign Missions, Department of State, as
Landlord, and Jeffrey E. Epstein, as Tenant.
IMINIMIENE
wERREAS, Landlord and Tenant are parties to a certain lease
(the "Lease") effective as of February 1, 1993 for the use and
occupancy of the ?retrainee known es 34 East 67th Street, New York,
New York (the "Premises"); and
wanness, Landlord and Tenant desire to modify the terms of the
!saes as provided herein.
101, 7NICREP0RN, in consideration of the foregoing premises and
the mutual covenants and agreements set forth herein, it is agreed
as follows:
1. All capitalised terms used herein shall have the sane
meaning as such terms ere given in the Lease, unless the context
clearly requires otherwise.
2. Anything contained in the Lease to the contrary
notwithstanding, the Lease term shall be the five (3) year period
beginning on February 1, 1992 and ending on January 31, 1997;
subject however, during the period commencing February 1, 11,92 and
terminating January 31, 1995, to the Landlord's right to terminate
the Leans term pursuant to the paragraph of the Leann entitled
"cancellation" on page 6 of the Lease.
EFTA00597031
3. During the period =flouncing upon February 1, 1995 and
throughout the remainder of the term of the Lease, the paragraph of
the Lease entitled "Cancellation" on page 6 of the Lease shall be
asended to read as follows*
In the event that custodial responsibility for the
Premises is relinquished by the Department of State, thin
Lease say be terminated upon one hundred twenty (120)
days written notice prior to the rant due date to vacate
the promisee without damage to Landlord. Otherwise,
except in the cases of an uncured default by Tenant or
unreparable damage covered in the paragraph entitled
"TENANT'S DEFAULTSANDWO:LORD'S REMEDIES" Landlord will
not terminate this Lease.
4. The rent payable under the Lease shall be as follovst
Lease UAL Yonthlv Rent
rebruary 1, 1992-January 31, 1994 $12,000.00
February 1, 1994-January 31, 1995 13,000.00
February 1, 1995-January 31, 1996 14,000.00
February 1, 1996-January 31, 1997 15,000.00
5. Upon the termination of the Lease Term, the Tenant shall
have tha "right of first refusal" to release the Premises at the
then fair market rental of the PrOM1S42.
6. Except as expressly amended hereunder, the Lease shall
remain in full force and effect.
BY:
Nara: Harry W. Porter III
(Type of Print)
Title: Acting Director
Dates August 28, 1992
015017CC
EFTA00597032
EXHIBIT C
EFTA00597033
UHLUSE
of the premises kn
own as
34 EAST 69111 ST
REET
by and between
.TErTREY E. EP.S
TETN,
as Overtenant
anti
iVAN FISHER,
as Clothrtenant
as or
May 7, 1996
EFTA00597034
.•'
"1'A OLE OF - ONTENTS
SUCTION
PAGE NUMBER
1. Lease Agreement.
1
2. Ovcrtenant's Duties.
3. Authority to Deal with Landlord.
2
4. Term.
2
5. Rent.
3
0. Sow. ity.
4
7. Agreements to Lefa,..: and to Pay Rent.
4
8. Successors and Assigns.
4
9. New Lease Agreement.
10. Improvements ✓w•ncd by Overtcnnnt.
6
11. Assignronnt.
12. Indemnification • 1,itigation.
7
11. Entire Agreement.
7
14. Notices.
7
15. Governing Law.
16. Waiver.
17. Scvcrabliity.
8
18. Headings.
9
19. Counterparts.
9
EFTA00597035
ABLE OF CONT
ENTS (Cont'd)
Exhibit A Lease Agreement date
d January 2, 1992
Missions, Departm by
ent of State, as Landlo and between Office of Foreign
Tenant (including rd, and Jeffrey 11
Amendment thereo . Cpstcin, as
f dated August 28
Schuiule A , 1992).
Schedule of Overte
nant's Improvem
ents.
EFTA00597036
1311111,MASE AGREEMENT
SUBLEASE AGREEMENT, effective as of
May 7. 1996, by and between
JEFFREY E. EPSTIUN (the "Overtenant"), havins an
address at 358 El Brillo Way, Palm
Beach, Fiorida 33480, and IVAN FISHER (the
"Undcrtcnant"), having an address at 34
East 69th Street, Ncw York, Ncw York 10021.
WITN'ESSETili
WIIEREAS, the Overtenart is the tenant of
those certain premises known as. and
located at, 34 East 69th Street, New York, New
York 10021 (the "Premises"), which
Ovenenant leases from the Office or Foreign Miss
ions of ate Department of State of the
United States of America (the "Landlord"), upo
n the terms and conditions set forth in a
certain Lease dated January 2, 1992 by and betw
een the Landlord, as landlord, and the
Ova•-tenant, as tenant, as amended pursuant to that .
certain Amendment dated August
1992 by and between the Landlord and the Ove 28,
rtcnant (the "Lease Amendment"
together with such Lease, the "Lease Agreeme and
nt"), a true and correct copy of whic ,
Lease Agreement is attached as Exhibit A to this h
Agreement; and
WHEREAS, the Overtenant desires to
subict the Premises to the Undertcnan
and the Undertenant desires to sublet the t,
Premises from the Overt ant, upon the
and conditions hereinafter net forth; terms
NOW, THEREFORE, in consideration of
the foregoing premises and the mutual
covenants herein containtai, the parties hereto
agree as Wows:
I. firciatiellt. Except as otherwise provided here
Agreement is subject in ail respect:: to the in, this
Lease Agreement, die terms and conditio
which arc incorporated herein by this refe ns of
rence as ir fully set forth herein,
any other agreement to which the Lease and subject to
Agreement is subject. The
acknowledges that he has read and initialed the Undertenant
Lease Agreement and will not
of the provisions therein a?plying to the violate any
Tenant thereunder. Except as otherwis
herein, as between the °vomit:nit and e provided
the Undertenant, (a) all provisions
Agreement applying to the °venetiant of the Lowe
shall be binding upon the Underte
Undone:taut were the original Tenant und nadi as if the
er the Agre eme nt, and (b) ail rights of the
Landlo•ci provided in the Lan Agre
ement shall be rights of the Ove
Overtenan: were the original landlord in rtenant as if the
the Lease Agreement and tlx: Und
the original Tenant in the Lease Agreeme ertenant welc
nt. Anything to the contracy
Agreement or the Lease Anna:client notw contained in fit
ithstanding, in the event that the
commits a non-munetary breach Undertenant
under this Agreement or ter:; Lease
Agreement shall, at the optioa of the Agreement, this
°vent:slant, be deigned to be term
Undertenant fails to cure such breach inated if the
within fourteen (14) days of notice
Oycrtenant. • • thereof from the
EFTA00597037
The °verb:rant represents that, afte
will not violate any provision of the r the execution of this Ago:tim
Lease Agreement. except for any ed', ho
Agreement caused bj the Undertenant. The brea ch of the Lease
Overtenant further represents that
all lent rtspiircd to he paid to tho Landlor he has paid
d under the Lease. Agreement
er April 19% and that, promptly after he through the month
receives from the Undcrtenant
from and after the month or May 199 each month's rent
0 through the end of the "Sub
hereinafter defined), he will pay the corr 'oase Term" (as
esponding rent payment to the
Lease Agreement. Landlord under the
Ail capitali..ed terms used and not
meanings ascribed to such terms in the othcrwise defined herein shall have
Lease Agreement. The terms, the
provisions orthis Agreement shall conditions and
supersede the Lease Agreement to the
terms, conditions aryl provisions dire extent dad such
ctly contravene those of the
Notwithstanding anything to the contrary prov Lease Agreement.
ided in the foregoing, the Underte
have no right of first refusal to purchase nant shall
the Premises in the event that the
should decide to sell same. Landlord
2. crepoteant's .flyties. The Larase Agreement describes
Lanctnrd's duties. The Ovcrtenant shall not the
be °blip; cti under this Agreement to
the Landlord's duLiz.. under the Lease perform
Agreement. fr ilw Landlord Fails to
duties under the Lease Agreement, the Und perform its
ertenant shall give the Overtcnant
%qv;h ramie, whereupon the Overtcaant shall notice of
promptly give notice to the Landlord of such
failure and deii;.;... tam the Landlord perf
orm its duties under the Lease Agreement
it ittried to pexfoirn. The Overtenant shal which
l send to the Undertenant a copy of each
Over-a-nines notices of default and demands of the
to cure to the. Landlord. promptly afte
Ow:natant SC.1(iN the same 19 the landlord. r the
In the event that the Overtenant fails to give
notice of such failure to the Landlord within
a reasonable period of time after the
Overtenant receives notice of such failure from
the Undertenant. then the Undcrtenan
I II contact the LaiAord directly and dem
that it is necessary to initiate legal action to
and the l.andlortrs compliance. In
the event
t
compel the Landlord's compliance with
respect to :Is utilizations uncle' the Lease Agre
ement. such legal action shall be at the sole
cost itnil rspen.ie of the Uncle:ten:rat;
provided, however, that the Overtenant
coo crate with the Undenenant in all reasonab will
le respects, including by consenting
liciai; flied as a, or On, sole, party ther to
eto, in connection with any such legal actio
coranameed by the Undertenant. n
3. anthfizilyjt fkabAtiLl.a.ri.41
Agreement, the Undertenant shall have no 9.04. ExceN as provided in this
authority to contact, enter into agreements
make arrangements with, complain or or
send notices to, or otherwise deal
Landlord. The Lladcrtenant shah not pay with , the
rent or other charges under this Agreeme
the Landlord and shall pay all such rent and nt to
other charges directly to the Overtenant.
'rm. The tarn of this Agreement shall com
hereof and shall terminate on January 3I, mence on the date
1997, unless sooner terminated or
the Overtenant as hereinafter provided canceled by
or renewed or extended as hereinafter
provided
2
EFTA00597038
(the "Sublease T. Jan"). As
between the Overienant and
shall have the same rights the Undertenant, Cto Ov
to terminate and cancel ertenant
Undertenant's defaults under this Agreement and to cur
this Agrecinent and/or the e the
has to terminiCe or caned the Lease Agreement as the
Lease Agreement and cure the Lan dlord
under the Lctse Agreeme defaults c; the Overtenant
nt. In the event that the
Agreement and fails to timely dir Overtenant breaches the
e the same (as provnitx1 Lease
the Undertcnant shah have in the Lease Agreement),
the right to curt such bre then
termination of the Lease Agreem ach in order to preven
ent. In the event that the t the
he shall be ei•tittcd to Lindertenant cures such bre
recover all reasonable cos ach,
Underumant in doing the sam ts and expenses incurred
e. by the
;a the event that the Landlord
Lease Agreement un the gro institutes legal proceedings to
uncis that this Agreement le t...aate the
Tiede tenant has taken possession was eniered into, and that
of Inc Premises, withou the
Overtenant shall take all steps t the Landlord's approval,
neeessacy to defend this Ag the
possession of the Pollutes reement and the t Meld-tenant's
hereunder as being in complia
In the event that, as a res nce with the Lease Agreem
ult of such proceedings, the ent.
dispossessed of, or otherwise Undertenant is involuntarily
forced, pursuant to a valid wa
similar in effect, to vacate, the rrant of eviction or other order
realises, then this Agreement
date of such dispossession or shall be terminated as of
eviction. In the event of such the
Undertenant shall not be liable dispossession or eviction, the
to pay the Overtenant install
subsequent to tie: date of such ments ofRent Mr any month
dispossession or eviction, bu s
unpaid installments of Rent for per t shall remain liable for all
iods prior to the date of such
the event ofsuch a dispossess disirossession or evicticn.
ion or an eviction, the Underten
Overtenant shall have no further ant acknowledges that the
liability to the Undertenant
otherwise. in connection with the. , under this Agreement or
Premises, except that the Overte
Undertenant any portion of the nant shall return to the
Security Deposit (as hereinafte
Undertenant in accordance with r
Section 6 hereof and refund a py9 defined) duc to the
installment paid (or the month dur nun portion of the Rent
ing which such disposses
based upon the number of days rem sion or eviction took place,
aining in such month after the
eviction. date of dispossession or
S. [tent. The IMdertcnant sha
Undertenant's use and occupancy of ll pay the Overtenant rent for
the Premises during the Sub the
any extensions or renewals of lease Term (excluding
the Sublease Term) in the
hundred Seventr-Seven Tho aggregate amount of One
usand Ninety-Six and Se
(5177,096.77) Dollars (di.: venty-Seven Hundredths
"Rent"). The Undertenant shall
nine (9) monthly installments pay the Overtenatu the Rent in
. Ths first such installme
Thousand Ninety-Six'and Sevent nt, consisting of Sevent
y-Seven Hundredths ($17,096. een
from the Undertenant upon 77) Dollars, shall be due
the execution of this Agree
successive installments thereafter ment. Each of the eight (8)
shall be in the amount of Tw
Dollars and shall be due on each enty Thousand ($20,000)
of the first (1st) day of June
of each of the seven successive 1996 and the first (1st) day
months thereafter. In the
extended as provided in Sectio event that this Agreement is
n 9 hereof, then the Underten
additional rent as provided in tutt shall pay the Overtcnan
Section 9 hereof on the first t
(1st) day of each month during
EFTA00597039
such e.'iendcd term of this Agre
ement (or the Undertenant's use and
Prahises &jog such extended turn. uccup; .y of the
A late fee shall be assessed aga
for each iastallmert of Rent or add inst the Undertcnunt
itional rent, or portion thereof, whic
Overtutant after the tenth (10th) day h is received by the
of the month in which -aril insta
Albion:it rent is du.: hereunder. llment of Rent ort,
Such late fee shall be equal to two
installment of Rent or additional rent, (2%) percent of the" 400
or portion Illefoof, which was rece
tenth (10th) day and will be paid upon dem ived after such
and by the Overtenant. If the Und
to pay any sut.it laic fee promptly afte ertenant fails
r the Overtenant makes de..und for
the Overtenant shall have the sam the same, then
e rights against the Undertenant for such
as the Ovencnant would have against failure to pay
the Undertenant in twc a that
failed to pay any installment ofRent or the Undertenant
additional rent due under this Agreeme
nt.
6. Segiray. As security for the faithful and
Undertenant of his obligations tinder, timely performance by the
and compliance by the Undertenan
provisions of this Agreement and the t with, the
Lease Agreement, the Undertenant sha
Overtenant Twenty Thousand ($20,000 ll pay the
) Dollars concurrently with the executio
Agreement (the "Security Deposit"). The Ove n of this
rtenant shall hold and apply and/or
the Security Deposit in the same manner as return
the LandlonJ is required to hold, app
return the Overeaant's security deposit ly and /or
pursuant to the Lease Agreement.
7. AiweemeRtS lalicase atis.USLIN3LgettS. The Overten
the Premises to the Undertenant, and the ant shall sublet
Undertenant shall sublet the Premises
Overtenant, upon the terms, malitions and from the
other provisions set forth in this Agreeme
The Undertenant agrees io pay the Rent and nt.
additional rent under this Agreement
other charges required to he paid under and
this Agreement or the Lease Agreeme
comply with evcry'provision of this Agreeme nt and to
nt and the Lease Agreement with
hereunder required to comply. which he is
8. Sucespora and Assigns. This Agreeme
inure to ;lie benefit of, the parties hereto. nt is binding upon, and shall
and the permitted successors, assigns, heirs
legal representatives thereof. , and
9. b!pw Leam Aereeiesat.
(a) 'NA: Lease Term of the Lease Agreement
31, 1997. In the event that the Lease axpires on January
Agreement is renewed or extended or the
utters into a new lease agreement with Landlord
the Overtcnnnt or the Undertenant with
the use and occupancy of tae Prem respect to
ises after the expiration of the Lease
Agreunent (whether by passage of time, Term of the Lease
termination or cancellation), then:
;a) in the event that the Lease Agreeme
renewed and the rent required to be paid nt is extended or
under the terms of the extended or rene
Lease Agee :tient is not in excess of Twe wed
rty Thousand ($20,000) Dollars per
Agreement shall automaiiudly be deem month, this
ed to be extended for the full term of
or renewed Lem:-.: Agreement, and all the extended
of the provisions hereof shall equally
apply to the
4
EFTA00597040
extension of this Agreement, exce
pt
extended term hereof shad be equ that rent charged ander this Agreement Car the
al to the rent charged under the
extended or renewed Lease Agreement; provisions of the
(ii) in the event that the Ove
new lease agreement with the landlord rienant enters into such n
and the rent required to be paid und
the new lease agreement is not in exce er the terms of
ss of Twenty Thousand ($20,000
month, then the Overenant and the Und ) Dollars per
ertenant shall automatically be dee
entered into a new sublease agreement, med to !lave
upon the terms, conditions and prov
in this Agreement, except that rent isions set forth
charged under the new sublease agre
equal to the rent charged under the prov ement shall be
isions of the new lease agreement; or
(iii) in the even that the IJndenenant
new lease agreement with the Landlord, then t enters into such a
at the end of the Sublease Term,
Overtenant shall have no further liability to the
the Undertenant, except to return any
of the Security Deposit which was not portion
applied in accordance with Section 6
the Undertenant shall have no further oblig hereof, and
ations to the Overtenant under this Agre
except for those obligations arising prior ement,
the end of the Sublease Term and exce
hereinafter set forth. pt as
(b) In the event that the Lease Agre
renewed as aforesaid for a term of no less ement is extended or
than three (3) years or the Landiord
willing and able to enter into a new leas is ready,
e agreement with the Overtenant
Undertenant with respect to the use and or the
occupancy of the Premises for a term
than three (3) years alter the expiration of no less
of the Lease Term of the Lease Agreeme
(whether by passage of time, terminati nt
on or cancellation), then, promptly
Overtenant gives the Undertenant notice of such after the
extension, renewal or of the landlord
bcin8 ready, willing and able to enter into the new 's
lease agreement, the Undertcnant shal
pay the Overtenant the sum of lefty-Fiv l
e Thousand ($55,000) Dollars, representin
paymod to the Overtenant for the Und g
erienant's use of improvements mad
Overtenant to the Premises; provided, however, e by the
that, if the rent required to be paid under
the terms of any xueli renewed, extended
or new lease agreement is in excess
Thousand ($20,000) Dollars per month, then of Aventy
the Undertenant shall have no obligation
pay such Fitly-Else Thousand ($55,000) to
Diniar sum to the Overtenant, unle
Underterient agrees nevertheless to ss the
continue to occupy the Premises during
such extended, renewed or new lease agre the term of
ement.
(c) Unless :he Undertenant obtains the Lan
enter into a new lease agreement with the Und dlord's a(recn'ent to
ertenant at the end of the Lease Term
Overtenant shall t..ke seeps necessary to cause the Lease Agre , the
extended in aecoreance with the term:, eme nt to be rene wed or
thereof, including, without limitation, com
an:' maintaining, at the Ove
rtcnant's sole cost and expense, legal men cing
are:. nod appellate court proceed proceedings, including
ings, in a court of competent jurisdiction.
EFTA00597041
(d) Ln the event that the Lan
Sublease Tcrrn or any extended dlord consents, during the
tam of this Agreement, to the initial
its rights and obligations under Overtenant's assignment
the Lease Agreement to of
notice given by the Overtenant the Undertenant, that,
to the Undcrtcnant of such upon
he deemed to have accept
ed such an assignment fro consent, the Undcrtcnant sha
m the Overtennnt and to ll
all of the obligations to be hav e assumed
performed by the Ova-tenant
of such notice, In the event tha thereunder from and afte
t, at any time prior to the r the date
Term, such assigarnent and expiration of the initial Sub
assumption takes place, lease
Agreement and enters into a new the Landlord terminates the
lease agreement with the Un Lea se
terminates this Agecuncnt as dcrtenant, or the Overtenant
ti result of a bre
Agreernen. by the Undet tcnant, the ach of this Agreement or
n upon :inch assignment, the the Lease
and the Underwent etsuch new execution by the Landlord
tease agreement, or the ter
a result of such bran l% as the min
case may he, the Undcrtcnant ation of this Agreement as
imprevements made by the shall pay the Overtenant for
Overtenant to the Premises an
of (i) One Hundred Thousand amount equal to the difference
($100,000) Dollars, less (ii)
multiplied by the number of ins the product of $5,000
tallments of Rent which the Un
to the Overtenant as of the dat dcrtcnant had already pai
e of such assigtuniuu, es:ration d
may be. From and alter the dat or termination, as the case
e of such assignment, execut
may be, neither party hereto shall hav ion or termination, as the cas
e any further liability to the e
this Agreement or otherwise, except other party hereto, under
that the Undcrtcnant shall be
la the foregoing payment and liable to the Overtcnant
for All installments of Rent due
assignment and assumption. In through the date of such
the event of such assignme
°verve:ant may, at its discretion, nt and assumption, the
assign the Security Deposit to the
for the release of ail or a portion Landlord in exchange
of the security deposit of the Ov
being held by the Landlord. ertenant which is then
10. alsrlrirMilis
acknowledges tIke all property list —Ckv.aCti QYcLign4111. The Undcrtcnant
ed on the schedule attached to the
which is eetitlai "Chandeliers, Sco tease Aettement
nces and Mirrors." all improve
A athletic,: hereto. and all hardware ren ts listed on Schedule
or other property constituting
system :or the Premises arc the sui part of the alarm
t property of the Overtenant and
of without the Overuntant's prior sha ll not be disposed
mitten consent, which consen
withheld in the sole, absolute t may be granted or
and unfettered discretion of
Undertenan; acknowledges tha the Overtenut. The
t the Ovenenant is a party to
security alarm system for the Pre an agreement relating to the
mises and agrees to assume,
perform the Overtenant's obligation be bound by and fully
s under said agreement.
11. bssigemcl. The Overtenan
rights sad obligations henunclec t may not assign this Agreeme
withuat the prior consent of the nt 0. its
consent shall not be unreasohably Undcrtcnant, which
withheld. In the event that the
Aereement, then the Undertenant Over tenant assigns this
shall no longer be subject to the
Section 3 athis Arrcement rela restrietiots set forth in
ting to the Undenenant's dea
Untkertenant .shall• not assigr. this ling with the Landlord. 'flit
Agra:mem or sublet the Premis
c0nsent‘ of the Overtcnare, which es without the prior
consent may he granted or wit
and unfettered discretion of the hheld in the sole, absolute
Overtenant.
EFTA00597042
12. Indemnification; Liticojeop_,
(a) The Undcncnant shall indemni
the Ovcrienant harmless from and fy the °venetian( and hold
against any and all liabilities and loss
Own-tenant (including, without limitatio es suffered by the
n, amounts paid in respect ofjudg
in settlement of litigation and expenses, ments or fines or
including attorney's Ices, reasona
the Overtcnant in connection with bly incurred by
any pending or threatened titillation
arising out of, relating to, or connected or proceedirg)
with, in anyway whatsoever, the
use and °cur—gr.:), of the Premises Undertentint's
and/or the Undertenant's failure to
provisions of tins Agra:mat and/or the Lea comply with the
se Agreement..
(b) Notwithstanding anything to the con
Agreement, the Overtenant shall not trary provided in this
be deemed under any provision of
be required to expend or incur aggregat this Agreement to
e expenses and casts (including,
limitation, attorney's fees and disburse without
ments) in excess of Fifty Thomatral
Dollars fur, as a result of anti/or in conn ($50,000)
ection with all local proceedings und
or, arising out or", tic relating to, this Agre er, in respect
ement and/or the Lease Agreement. in
that said aggregate expenses and 'cats of the event
the Ova-tenant exceed St: it amo
Overtenant desires to discontinue ils eari unt and the
cipation in any such legal proc
Ovenenant shall not discontinue its participa eed ing, the
tion in such proceeding for so long as
Undo-tenant pays all of the Overtenant's cost the
s and expenses in excess of ..ach agg
amount. regate
13. faircLAwsginenl. This Agreement cont
of the parties hereto concerning the subj ains the entire agreement
ect matter hereof, and supersedes any
prior agreements among the parties and all
hereto concerning the subject matter here
prior agreements arc hereby canceled. This of, which
Agreement may only be changed, mod
amended by an ttgreement in writing, signed iried or
by the parties hereto.
Pl. Notices All notices, requests. reports.
, ,her communications requ instructions, consents and
ired or permitted to be µven under this
writing and shall he deemed to have Agreement shall be in
been duly sent or given, if delivered
certified mail. return receipt requested, by hand or
postage prepaid, to the patties hereto
following addresses (or to such other address at the
as shall be specified by like notice, prov
that notices of a change of address shall ided
be effective only upon receipt thereof):
(a) jf to the Overtenant to:
Jeffrey E. Epstein
358 El Maio Way
Palm Beach, Florida 33480
7
EFTA00597043
with a copy to:
Jeffrey A. Schantz, Esq.
I. iipstein te Company
457 Madison Avenue
4th Floor
New York, New York 10022
(b) if_t_p_Owjlativrtenant. to:
Ivan Fisher
34 East 69th Street
New York, New York 10021
Notices delivered by hand shall be effe
ctivc upon delivery, and notic,..:i sent
mail, itturn receipt segue:dad, postage by certified
prepaid, shall be effective five days
after dispatch.
15. chwqrvit law. This Agreeme
construed and caromed in act:on:a:Ace with nt shall be governed by, and
, the laws of the State ofNew Yor
to zontracts excaited and to be fully k applicable
performed therein, without giving Ok
of law principals thereof. a to conflicts
10. Waiver. No failure or dtday on the part
exercise of any power, right, or privilege he, of any party hereto in the
etinder or under the Lease Agreeme
constitute a waiver thereof, nor shall nt shall
any single or partial exercise of any such
and privilege- constitute a further waiver power, right
thereof or of any other provision
Agxement or the Le:rac Agreement. of this
All rights and remedies existing under
Agreement and the Lease Agreement arc this
cumulative of, and not exclusive of, any
remedibs otherwise available. rights or
17, Spiel-A.:44y. Any term or provision of
Agreement that is invalid or unenforceab this Agreement or the Lease
le in any jurisdiction shall, as to such juris
be ineflitaive iv the extent' of such invalidity diction. .
or unenforecablility without renderin
or unenforceable the remaining terms and prov g invalid''
isions of this Agreement and the
Agreement or alteeling the validity or Lease
enforceability of any of the terms or prov
this Agreement and the Lease Agreeme isions of
nt in any other jurisdiction. The part
expressly acknowledge that this Agre ies hereto
ement and the Lease Agreement emb
intentions. Should any part of this Agre odies their
ement or the Lease Agreement be declared
or unenforct.itble, the parties hereto invalid
expressly obligate themselves to effectuate
of such invalid or unenforceable part the intent
of this Agreement oi the Lease Agreeme
manner that is lawful ah,u enforceable. nt in a
EFTA00597044
18. kleadinits. : The Section headin
convenience of reference only gs use.: in this Agreeme
and shall not be constru nt ace for
expanding any meaning of the ed as imps tin) limiting or
provisions of this Agreement wh
ich follow such headings.
19. courtterparls. Fur the oan
number of counterparts or this Agreement may execut
venierrc or the parties hereto, any
such executed counterpart shall ed by the parties hereto,
be, and shall be deemed to and each
of such counteeptuts :v ether be, an original hereof, and all
shall be one and the same ins
trument.
IN WITN1
Agreement as of the date of.',SS WHEREOF, the panics hereto have executed this
the day, month and year firs
t above writ
The Qyerterom:
The Under,
•
i i 9
EFTA00597045
SCHEDULE A
SCHEDULE OF 0VEI4TE
NANT'S IMPROVEMENTS
1. The telephoue system on the
Premises.
2 All curtains cm the Premises locate
d in the following rooms. the
dining room and the study. living room, the
3. All lighting fixtures on the Premis
es, except those set forth in the
Lease Agrcancnt entitled "Ch attachment to the
andeliers, Sconces, Mirrors."
4. !All carpeting on the Premises.
5. All aluicmcnt on the Premises loc
ated in the steam room.
6. The window air conditioning uni
ts on the Premises located in
the exercise room, the master bed the following rooms:
room, and the main kitchen.
7. The large refrigerator located on
the. Premises in the 6th floor kitchen.
a
EFTA00597046
EXHI TD
EFTA00597047
United States Department of State
Office of Fore' Missions
Washington, 20520
June 3, 1996
CERTIFIED MAIL -- RETURN RECEIPT REQUESTED
Jeffrey E. Epstein
J. Epstein & Company, Inc.
The Villard House
457 Madison Avenue
New York, New York 10002
Re: 34 East 69th Street. New York. New York
Dear Mr. Epstein:
I write to inform you that you are in violation of
the lease that you entered into as of February 2, 1992,
as amended, with the Office of Foreign Missions of the
Department of State ("OFM") for the above-referenced
property (the "Lease"). The first paragraph of the
Lease, which is entitled "USE," requires that premises
be occupied by:
(i) Tenant, his/her spouse (if any), and
his/her children (if any) as their personal
residence; (ii) Tenant's personal servants
and employees; and/or (iii) approved
subtenants or approved assignees and their
respective families and for no other purpose.
I understand that you are no longer residing at the
premises. I further understand that you are permitting
a Mr. Ivan Fisher to use the premises. The Lease
requires that either you and your family or retinue, or
an approved subtenant, occupy the premises. As you
know, Mr. Fisher is not an approved subtenant under the
Lease. See April 26, 1996 Letter from Thomas Burns to
Jeffrey A. Schantz. Nor does Mr. Fisher appear to be
your personal servant or employee. Mr. Fisher does not
have OFM's permission to use the premises.
Accordingly, you are in violation of the "USE"
provision of the Lease.
This letter constitutes formal notice of your
default under the Lease. Pursuant to the section of
the Lease entitled "Tenant's Defaults and Remedies,"
you are entitled to thirty days to cure "an unapproved
EFTA00597048
-2-
assignment of this lease, unapproved subletting all or
part of the Premises or allowing another to use the
Premises without the Landlord's approval . . . or any
other default under the lease."
Please cure this default immediately by having
Mr. Fisher leave the premises permanently and by
reoccupying the premises yourself. If you have not
cured your default within thirty days after receipt of
this letter, the Office of Foreign Missions will
exercise its rights, as set forth in the Lease as well
as under state and federal law.
Sincerely,
au4n-e
Thomas E. Burns
Deputy Director
cc: Mr. Jeffrey Schantz
J. Epstein & Company
The Villard House
457 Madison Avenue
New York, New York 10002
EFTA00597049
,,'SENDER:
sICOnblete NOM I and/or 2 for addrtberal services. I also wish to receive the
eectoblete Items 3, 4e. and Ob. following services (for an
• PrInt your name and address on the reverse of this love so that we can 'rum this extra fee):
card you.
0 @Attachtothis loon to the front of the magpies& or on the back it space does not 1. 0 Addressee's Address
Writ •
LI
• Write'Retum Receipt Requesteron the mailpiece below the article number. 2. 0 Restricted Delivery CI)
5 • The Return Receipt MI show to whom the snide was delivered and the 0320
o.
&EMMA Constit postmaster tor fee.
0
yr 3. Article Addressedlo:
104 TeRre tZe or frati r 319 ,50 rt
de Number
4b. Service Type
!CS-46i2m4 O Registered Ele6artitled.
'
`soy' filitietssa O Express Mal 0 Insured C
ri 157 rna O Return Rececit for Merchandise 0 COD
8
'
vet` N esA)
Cc()
7. Date.of livery
• c
O
(Only requested C
end foe Is
6. Sig
>i
a X
— PS Fenn 11, Domestic Return Receipt
EFTA00597050
EXHIBIT E
EFTA00597051
United States Department of State
Office ofFortiAMissions
Washington,M. 20520
August 7, 1996
CERTIFIED MAIL -- RETURN RECEIPT REQUESTED
Jeffrey E. Epstein
J. Epstein & Company, Inc.
The Villard House
457 Madison Avenue
New York, New York 10002
Re: 34 Fast 69th Street, New York, New York
Dear Mr. Epstein:
By letter dated June 3, 1996, this office issued you a
formal notice of default under the terms of the lease that you
entered into as of February 1, 1992, as amended, with the Office
of Foreign Missions of the Department of State ("OFM") for the
above referenced property (the "Lease"). As set forth in that
letter, you were entitled to thirty days to cure your default by
having the unapproved subtenant, Mr. Fisher, vacate the premise
and by reoccupying the premises yourself.
As of July 25, 1996, however, Mr. Fisher continued to occupy
the premises. I therefore regret to inform you that, in
accordance with paragraph B of the Lease section entitled
"Tenant's Defaults and Landlord's Remedies," the Lease will be
terminated as of August 23, 1996. Please have Mr. Fisher vacate
the premises on or before that date. In addition, please return
all keys to the premises to OFM's Office in New York at 866 UN
Plaza, Suite 265.
Sincerely
Thomas E. Burns, Jr.
Deputy Director
cc: Jeffrey A. Schantz, Esq.
J. Epstein & Company, Inc.
The Villard House
457 Madison Avenue
New York, New York 10002
EFTA00597052
SENDER:
"ts acorn/Mete erns 1 and/or 2 for additonal services.
• Correafete items 3, 4a. and 4b. I also wish to receive the
• Prim your name and address on the reverse of this following services (for an
ken so that we can return Ns
card to you. extra fee):
> eAtuch this form to the front of the melipiece. oron
the back d space does not
perm. 1. O Addressee's Address
0 • Wrile etutn Receipt Requestect' on the marrow.. babes
the article number.
• m. Return Receipl will show to whom the article was delivered
and the date
2. O Restricted Delivery 3
delivered.
0 Consult postmaster for lea.
3. Article Add to: 4a. Artide Number
I 5ffetk e ET -te p snm35- 3418 cc
E
J.Epstue;re 4b. Service Type P.
"1-64 1 O Registered
O Express Mai
Ertertified lil
O Insured 1
H57 yrknotscen "the O Return for We O COD
10?) gti 7. DateåD
J'? .2
S. Received By: (Print Nome) 8. Addressee's Address (Only Nrequested t
and fee is paid)
.4 6. signat e or Agent)
•
• PS can 3811, December 1994 Domestic Return Receipt
EFTA00597053