UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15 (d) of the
Securities Exchange Act of 1934
Date of Report (date of earliest event reported)
November 10, 2003
FOODARAMA SUPERMARKETS, INC.
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(Exact name of registrant as specified in charter)
New Jersey 1-5745-1 21-0717108
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(State or other (Commission (IRS Employer
jurisdiction of File Number) Identification No.)
incorporation)
922 Highway 33, Building 6, Suite 1, Freehold, New Jersey 07728
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (732) 462-4700
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Not Applicable
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(Former name or former address, if changed since last report)
Item 5. Other Events
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Foodarama Supermarkets, Inc. ("Foodarama") previously reported that it had
engaged in settlement discussions with one of its landlords, Levin Properties,
L.P. ("Levin"), regarding certain litigation wherein the correct commencement
date for the payment of occupancy expense under the lease for Foodarama's new
Woodbridge, New Jersey location was disputed. The parties have since completed
the settlement and have entered into a Joint Release and Settlement Agreement
which was fully executed by them as of November 10, 2003. The Joint Release and
Settlement Agreement required, among other things, an amendment to the lease
which increases Foodarama's minimum rent payments by approximately $550,000 over
the term of the lease, commencing October 1, 2003, and the reimbursement by
Levin of construction allowances and other costs and fees advanced by Foodarama
totaling $1,755,182. The pending litigation has been dismissed with prejudice.
In addition, Foodarama previously reported a separate litigation initiated
by Levin wherein Levin alleged that it entered into a lease with Foodarama
providing for the construction of a supermarket on property owned by Levin in
Hamilton, New Jersey and that Foodarama failed to comply with its contractual
obligations under the lease. The parties have since entered into a Settlement
Agreement, which was fully executed by them as of November 10, 2003, providing
for certain amendments to the lease, confirming that the lease, as amended,
constitutes an enforceable contract between the parties and dismissing the
pending litigation with prejudice.
* * * * *
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as
amended, the registrant has duly caused this report to be signed on its behalf
by the undersigned hereunto duly authorized.
FOODARAMA SUPERMARKETS, INC.
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(Registrant)
By: /S/ Michael Shapiro
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Michael Shapiro
Senior Vice President and Chief Financial
Officer
Date: November 12, 2003