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An application was received from Leesteffy Jenkins, Violette Bakers requesting permission for an awning at the premises numbered 1786 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters

APP 2021 #27·Council meeting May 24, 2021·30 pages·📄 Original PDF (city portal)
General Information Cambridge City Council approval may be required. Awning Information Contractor Sign/Awning Permit 117071 Submitted On: Apr 21, 2021 Applicant leesteffy jenkins [phone removed] [email removed] Location 1786 Massachusetts Ave Cambridge, MA 02140 What option best describes this application? Awning(s) Description of Proposed Work Retractable awning to go across the front because due to covid we have pastry cases in windows, and even though it is refrigerated the sun shines in and melts product. We would keep awning open from approx 8am-2pm on days we are open, as this is when sun hits our front window. And shut when it is cold and other times. That's why we want a retractable one. Estimated Cost of Awning(s) in dollars 2500 Describe any existing signs or awnings that will remain (including the size of the remaining signs/awnings). We have one sign that is 4' across. We have approx 12 feet of window space. The 4' sign is from an old location, we never bought a new larger profile one for this location. Will one or more of the proposed signs extend six (6) inches into the public sidewalk? Yes You must submit a Projected Sign Application and Abutter's Form (https://viewpointcloud.blob.core.windows.net/profile- pictures/City_Clerk_Sign_Awning_Application_Wed_Jan_02_2019_15:28:46_G (Coordinated_Universal_Time).pdf) to the City Clerk's Office. Height of Awning (feet) 8.8 Width of Awning (feet) 11.5 Height from the ground to the top of the awning (feet) 8.8 Height from the ground to bottom of the awning (feet) 7.6 Awning Material sunbrella Weight of the awning (lbs) 120 Projection from the Building (inches) 72 Contractor Name Stanley Kazamias Address 192 New Boston St, Woburn MA 01801 E-mail [email removed] Telephone [phone removed] License Number CS-086626 License Expiration Date 10/02/2021 Page 1 of 2 5/20/2021 https://cambridgema.viewpointcloud.io/
Contractor's Signature Signature of Licensed Contractor Stanley Kazamias Date 04/21/2021 Page 2 of 2 5/20/2021 https://cambridgema.viewpointcloud.io/
4/21/2021 Cowan Insurance Agency, Inc. 359 Main Street Haverhill MA 01830 Stefanie Cowan [phone removed] [phone removed] [email removed] Morgan Industries LLC 192 New Boston Street Woburn MA 01801 Nautilus A x x Blanket Additional Insured x x x NN1183143 10/15/2020 10/15/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A x AN094674 10/15/2020 10/15/2021 5,000,000 Awning Manufacturing and Installation. City of Cambridge 831 Massachusetts Avenue Cambridge, MA 02139 Fax: (617)349-6132 <SC> ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAX PHONE (A/C, No): (A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $ PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE
STANDARD FORM COMMERCIAL LEASE 1. PARTIES: GOLDBERG WEINER REALTY LLC of 1798A Massachusetts Avenue, Suite 6; Cambridge, MA 02140, the LESSOR, which expression shall include its heirs, successors, and assigns where the context so admits, does hereby lease to: Leesteffy Jenkins, dba Violette Bakers,of Cambridge, Mass the LESSEE, which expression shall include its successors, executors, administrators, and assigns where the context so admits, and the LESSEE hereby leases the following described premises: 2. LEASED – PREMESIS: Approximately 600 sq. ft. located on the ground level of the property located at 1780-1798A Massachusetts Avenue, Cambridge, MA (the Building”) and numbered 1786 as shown on the attached plan (the "leased premises"), together with the right to use in common, with others entitled thereto, the hallways and other common areas, necessary for access to said leased premises LESSEE hereby accepts the Premises in their AS IS condition without any obligation on LESSOR'S part to improve or construct the same except as otherwise expressly provided herein. 3. TERM AND OPTION: The term of this lease shall commence on the earlier of the day tenant opens for business or October 1, 2018, and end on August 31, 2023 (the “Initial Term”). Landlord hereby grants to Tenant the option (“Extension Option”) to extend the Initial Term of the Lease for one (1) five (5)-year period commencing when the then current Term expires, upon each and all of the following terms and conditions: The tenant then not being in default at the time of the end of the Initial Term. (a) Not less than six (6) months prior to the expiration of the then current Term, Tenant shall deliver to Landlord a written notice of its intent to exercise its Extension Option (“Extension Notice”), time being of the essence. If the Extension Notice is not timely delivered to Landlord, the Extension Option granted hereunder shall automatically become null and void and be of no further force or effect. (b) All of the terms and conditions of the Lease shall apply to the Extension Term, except the Rent payable during each year of the Extension Term shall be at market provided in no event shall the rent in the first year of the lease extension be less than the rent in the last year of the initial term. 4. RENT: The LESSEE shall pay to the LESSOR rent at the following rate payable in monthly installments due on or before the first day of each month: October 1, 2018 to August 31, 2019 shall be $2795 per month. Sept 1, 2019 the rent shall Increase by 2.5% above the first year and shall increase each year on September 1, by 2.5% above the previous year for the duration of the initial term. 5. RENT IN Upon the execution of this lease, the LESSEE shall pay to the LESSOR the amount of ADVANCE/ $6,170 of which $ 3,085 shall be last month’s rent in advance and $3,085 shall be SECURITY be held as security for the Lessee’s performance as herein provided and refunded to the Lessee DEPOSIT at the end of this Lease Upon the exercise of any Extension Period, the Security Deposit shall be increased to equal last months’ rent at the increased Extension Period rent and the Last’s Month’s Rent shall also be so increased. 6. RENT ADJUSTMENT:
A. TAX ESCALATION: If in any tax year commencing with the fiscal year ending 6/30/19, the real estate taxes on the Building of which the leased premises are a part, are in excess of the real estate taxes thereon for the fiscal year ending 6/30/18 (hereinafter called the "Base Year'), LESSEE will pay to LESSOR as additional rent hereunder, when and as designated by notice in writing by LESSOR, 6.5%% of such excess that may occur in each year of the term of this lease or any extension or renewal thereof and proportionately for any part of a fiscal year. If Lessor requests, Lessee shall pay amounts due in advance on a monthly basis with adjustments made on each new tax bill. If the LESSOR obtains an abatement of any such excess real estate tax, a proportionate share of such abatement, less the reasonable fees and costs incurred in obtaining the same, if any, shall be refunded to the LESSEE. B. OPERATING The LESSEE shall pay to the LESSOR as additional rent hereunder when and as designated by COST- notice in writing by LESSOR, LESSEE'S proportionate share of any increase in operating ADJUSTMENT: expenses above the base year cost for fiscal year ending 6/30/18. Operating costs are defined as insurance for the Building. This increase shall be prorated should lease be in effect with respect to only a portion of any calendar year. C. PROPOR- TIONATE LESSOR SHARE: represents that the proper computation of LESSEE'S proportionate share SHARE: under Section 6A and 6B above is 6.5% based upon the leasable square footage of the Building. 7. UTILITIES: The LESSOR shall provide and LESSEE shall operate and pay for all LESSEE'S utilities, including but not limited to electric, gas, and water and sewer. 7-A.. HVAC SYSTEM: The LESSEE shall operate, maintain and replace with equal quality if not able to be repaired the heating and air conditioning facilities including the exhaust fans which serves the premises at its own expense. LESSEE specifically agrees to maintain) at all times during the term of this Lease, a LESSOR approved maintenance contract with a company qualified to service and repair said equipment, furnishing evidence thereof (including renewals) to the LESSOR. 8. USE The LESSEE shall use the leased premises only for the purpose of a high quality gluten free bakery as set forth in the Exhibit Menu attached hereto. Landlord agrees that Tenant can modify the “Menu” provided the concept is consistent with the original quality in order to provide variety and/or upgrade it marketing concept, all however, within the concept of a gluten free bakery, to fill the needs and wants of its target market segment. and for no other purpose or use without first obtaining the written consent of the Landlord. In the event LESSOR determines, in LESSOR'S reasonable judgment that the Leased Premises are not being used in accordance with the provisions of this Section, the same shall constitute a material default hereunder. 9. COMPLIANCE THE LESSEE acknowledges, on behalf of itself, agents, employees, servants, visitors that no WITH LAWS: trade or occupation shall be conducted in the leased premises of use made thereof which will be unlawful, improper, noisy or offensive, or contrary to any law or any municipal by-law or ordinance in force in the city or town in which the premises are situated. 10. FIRE INSURANCE: The LESSEE shall not permit any use of the leased premises which will make voidable any insurance on the property of which the leased premises are a part, or on the contents of said property or which shall be contrary to any law or regulation from time to time established by the New England Fire Insurance Rating Association, or any similar body succeeding to its powers. The LESSEE shall on demand reimburse the LESSOR, and all other LESSEES, all extra insurance premiums caused by the LESSEE's use of the premises. 11. MAINTENANCE: The LESSEE agrees to maintain the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, damage by fire and other casualty and ordinary wear and tear only excepted, and whenever necessary, to promptly replace plate glass and other glass therein, acknowledging that the leased premises are
now in good order and the glass whole. The LESSEE shall not permit the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. The plumbing facilities shall only be used for the purposes for which they were constructed and not for disposing of any damaging or injurious substance therein. The expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the LESSEE, who shall, or whose employees or agents shall have caused it. The LESSEE shall keep neat and clean the leased premises and common areas described in Section 2, and maintain in good order condition and repair, the leased premises and every part thereof, including, without limitation, the storefront and exterior and interior portions of all doors, windows, all plumbing and sewage facilities serving the premises, fixtures and interior walls, floors, ceilings, signs and all wiring, electrical systems, interior building appliances, HVAC systems and equipment, and similar equipment. LESSEE shall be responsible for repairs, including, but not limited to labor and materials required to maintain LESSOR'S mechanical equipment serving the premises. 12. SIGNS: "Sign" shall mean and include any structure, device, light, letter, word, model, banner, pennant, insignia, trade flag, or representation which is designed to be seen from outside the premises and which advertises or announces a use conducted or goods available. No sign or placard in any material, whether permanent or temporary, shall be erected or maintained by LESSEE unless such shall be in accordance with all laws, rules, regulations, and requirements of all public and other authorities having jurisdiction over the same and which has on each occasion been approved in writing by the LESSOR, which approval shall not be unreasonably withheld, conditioned, or delayed. In the event of a violation of the foregoing by LESSEE, LESSOR may remove same without any liability and may charge the expense incurred by such removal to LESSEE. LESSEE agrees not to install any awning at the Premises. 13. ALTERATIONS/ The LESSEE shall not make structural alterations or additions to the leased premises, but may ADDITIONS: make non-structural alterations provided the LESSOR consents thereto in writing, which approval shall not be unreasonably withheld, conditioned, or delayed. All such allowed alterations shall be at LESSEE'S expense and shall be in quality at least equal to the present construction. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the leased premises for labor and material furnished to LESSEE or claim to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any alterations or improvements made by the LESSEE shall become the property of the LESSOR at the termination of occupancy as provided herein; or at the lessor's option shall be removed. Any holes in walls and other damage to premises caused by the removal of tenant's fixtures shall be repaired at tenant's expense, including the patching and painting of walls to their initial color (or white if initial color is not a neutral color) 14. WINDOW- Landlord shall have the right to approve or disapprove of: TREATMENT DECOR: a) Tenant's window treatment, window displays, signs, draperies, and doors; b) Tenant's interior construction, decor and lighting fixtures. Tenant shall, before beginning any Tenant's work, submit to Landlord complete drawings of Tenant's shop (to at least the scale of I/4"= 1’ 0") including: plans, sections, elevations). Tenant shall also furnish to Landlord's specifications (including any special wiring, mechanical installations, sound systems and anything which will affect the appearance of the building), material samples of all finishes, color samples, lighting layout and fixture specification; c) Tenant shall keep display windows and display areas in the demise premises attractively trimmed with appropriate, clean displays of Tenant's merchandise. Also, tenant will be responsible for the cleaning of all glass, interior and exterior, which comprises or is located within, or any portion of the demised premises. Any disapproval shall be accompanied by a written statement specifying the ground for disapproval. In the event Landlord does not approve of any one of the foregoing and Tenant has installed or commenced installation of same without Landlord's permission, Tenant shall, upon
written notice from Landlord, at Tenant's expense forthwith, remove and cease to use the same. ONLY WRITTEN APPROVAL SHALL BIND LANDLORD, said approval not to be unreasonably withheld, conditioned, or delayed. Landlord hereby approves of Lessee’s initial usual and customary window treatments, window displays, signs, draperies, doors, interior construction, decor and lighting fixtures as found in its other area locations. 15. ASSIGNMENT/ The Lessee shall not assign or sublet the whole or any part of the leased premises without SUBLETTING: LESSOR'S prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding such consent, LESSEE shall remain liable to LESSOR for the payment of all rent and for the full performance of the covenants and conditions of this lease. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity of such consent to any subsequent assignment or subletting. 16. SUBOR- This lease shall be subject and subordinate to any and all mortgages, deeds of trust and other ORDINATION instruments in the nature of a mortgage, now or at any time hereafter, a lien or liens on the property of which the leased premises are a part and the LESSEE shall, when requested, promptly exe- cute and deliver such written instruments as shall be necessary to show the subordination of this lease to said mortgages, deeds of trust or other such instruments in the nature of a mortgage. Upon written request by Landlord, Tenant agrees to execute, acknowledge, and deliver to Landlord a statement certifying that the Lease is in full force and effect, and the dates to which rent and other charges due hereunder have been paid, in advance, if any 17. LESSOR'S Tenant shall permit Landlord to enter all parts of the Premises during normal business hours to inspect the same. In the event of an emergency, Landlord may enter the Premises at any time and make such inspection and repairs as Landlord deems necessary, at the risk and for the account of Tenant. No such entry by Landlord shall be deemed an eviction of Tenant in whole or part. During the last six (6) months of the Term, Landlord may exhibit “To Let” (or similar) signs within the storefront of the Premises. Landlord shall have the right to enter upon the Premises for purposes of showing the Premises to prospective tenants during the last six (6) months of the Term. 18. LESSOR'S LESSOR agrees that within a reasonable period of receipt of written notice of the need thereof, COVENANTS: he will make necessary repairs to the structure, roof, and utility services of the building, provided, however, that the LESSOR shall be under no responsibility or liability for failure or interruption of such services caused by breakage, accident, strikes, repairs, inability after exercise of reasonable diligence to obtain supplies or other services or for any cause of causes beyond the control of LESSOR, (but LESSOR will use all reasonable efforts to restore such services as soon as possible), nor in any event for any indirect or consequential damages; and failure or omission on the part of the LESSOR to furnish such service shall not be construed as an eviction of the LESSEE, nor entitle LESSEE to an abatement of rent; nor release the LESSEE from prompt fulfillment of any of the covenants under this lease. The foregoing to the contrary notwithstanding, however, if such condition shall render the Premises unuseable other than through casualty, fire, or eminent domain and 60 days have elapsed after written notice to Landlord, then Tenant may elect to treat such as a casualty pursuant to Section 21. The requirements of LESSEE will be attended to only upon application at the office of the building. Employees shall not perform any work or do anything outside of the regular duties, unless under special instructions from the office of the LESSOR. 19. INDEMNIFICATION: The removal of snow and ice bordering upon the leased premises shall be LESSEE’S responsibility. Tenant hereby indemnifies Landlord and agrees to save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Premises (except to the extent the same results from the negligence or intentional misconduct of Landlord) or arising by reason of Tenant’s occupancy of the Premises or by reason of any breach or default by Tenant in the performance of any term of this Lease on Tenant’s part to be performed. For the purpose hereof, the Premises shall include the service areas adjoining the
same and any loading area allocated to the use of Tenant. In case Landlord shall be made a party to any litigation arising out of any such occurrence, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney fees incurred or paid by Landlord in connection with such litigation. Tenant’s obligations under this Section shall survive the termination of this Lease. Landlord hereby indemnifies Tenant and agrees to save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in or upon the Project and the Building (except to the extent the same results from the negligence or intentional misconduct of Tenant). In case Tenant shall be made a party to any litigation arising out of any such occurrence, then Landlord shall, upon notice from Tenant, defend such litigation. In case Tenant shall be made a party to any litigation arising out of any such occurrence, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorney fees incurred or paid by Tenant in connection with such litigation. Landlord’s obligations under this Section shall survive termination of this Lease. 20. LESSEE'S The LESSEE shall maintain with respect to the leased premises and the property, of which the LIABIUTY leased premises are a part, comprehensive public liability insurance. The minimum limits of such INSURANCE: insurance shall be One Million Dollars ($1,000,000.00) for injury (or death) to any one person, and One Million Dollars ($1,000,000.00) for injury (or death) to more than one person, and Two Hundred and Fifty Thousand Dollars ($250,000.00) with respect to damage to property, or such higher limits as LESSOR may from time to time request, provided such higher limits are then customarily carried for such use in the Building. Said insurance to be carried with responsible companies qualified to do business in Massachusetts and in good standing therein insuring the LESSOR as well as LESSEE against injury to persons or damage to property as provided. Lessor shall be named as additional insured on all policies. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of the term, and thereafter within thirty (30) days prior to the expiration of any such policies. AIl such insurance certificates shall provide that such policies shall not be cancelled without at least ten (ten) days prior written notice to each assured name therein. 21. FIRE, Should a substantial portion of the leased premises, or of the property of which they are a part, be CASUALTY, substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may EMINENT elect to terminate this lease. When such fire, casualty, or taking renders the leased premises DOMAIN substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if: (a) The LESSOR fails to give written notice within thirty (30) days of intention to restore leased premises, or (b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. LESSEE shall have no obligation to pay any Rent or other sums due hereunder during any period when the leased premises are substantially unsuitable for their intended use and are not used or occupied by the Tenant. The LESSOR reserves, and the LESSEE grants to the LESSOR all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE'S fixtures, property or equipment. 22. DEFAULT In the event that:
AND (a) The LESSEE shall default in the payment of an installment of rent or other sum herein BANKRUPTCY specified and such default shall continue for ten (10) days after written notice thereof; or (b) The LESSEE shall default in the observance of performance of any other of the LESSEE’S covenants, agreements, or obligation hereunder and such default shall not be corrected within thirty (30) days after written notice thereof; provided, however, if additional time shall be required to cure such default, then so long as LESSEE has started and is diligently pursuing such cure, then LESSEE shall be permitted such additional time as is required to effect such cure, not to exceed one hundred eighty (180) days; or (c) The LESSEE or any guarantor of this Lease shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE’s property for the benefit of creditors, unless the rental payments to LESSOR continue, (d) Any obligation to provide written notice shall be limited to twice during the initial term or any Extended Term. Landlord’s remedy – upon the occurrence of an event of default, the LESSOR may declare the term of this lease ended and terminated by giving tenant written notice of such intention and if possession of the leased premises is not surrendered. LESSOR may reenter said premises. LESSOR shall have in addition to the remedy above provided, the right to remedy such default for the account and at the expense of the LESSEE and other right to LESSOR makes remedy such default for the account and at the expense of the LESSEE and any other right or remedy available to LESSOR on account of any tenant default either in law or equity. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of twelve percent per annum and costs, whichever is greater, shall be paid to the LESSOR by the LESSEE as additional rent. Landlord shall have the right to recover damages from Tenant, as set forth in this Section 22 Upon any termination of this Lease or of Tenant’s right of possession, Landlord, at its sole election, may (i) re-enter the Premises, either by summary proceedings, ejectment or otherwise, and remove and dispossess Tenant and all other persons and any and all property from the same, as if this Lease had not been made, (ii) remove all property from the Premises and store the same in a public warehouse or elsewhere at Tenant’s expense, and/or (iii) deem such property to be abandoned, and, in such event, Landlord may dispose of such property at Tenant’s expense, free from any claim by Tenant or anyone claiming by, through or under Tenant. It shall not constitute a constructive or other termination of this Lease or Tenant’s right to possession if Landlord (a) exercises its right to repair or maintain the Premises, (b) performs any unperformed obligations of Tenant, (c) stores or removes Tenant’s property from the Premises after Tenant’s dispossession, (d) attempts to relet, or, in fact, does relet, the Premises or (e) seeks the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease. If this Lease shall have been terminated as provided in this Article, Tenant shall pay the Basic Rent, Escalation Charges, Additional Rent and other sums payable hereunder up to the time of such termination, and thereafter Tenant, until the end of what would have been the Term of this Lease in the absence of such termination, and whether or not the Premises shall have been relet, shall be liable to Landlord for, and shall pay to Landlord, as liquidated current damages: (x) the Basic Rent, Escalation Charges, Additional Rent and other sums that would be payable hereunder if such termination had not occurred, less the net proceeds, if any, of any reletting of the Premises, after deducting all expenses incurred by Landlord in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys’ fees, advertising, expenses of employees, alteration costs and expenses of preparation for such
reletting. Tenant shall pay the portion of such current damages referred to in clause (x) above to Landlord monthly on the days which the Basic Rent would have been payable hereunder if this Lease had not been terminated, and Tenant shall pay the portion of such current damages referred to in clause (y) above to Landlord upon such termination. At any time after termination of this Lease as provided in this Article, whether or not Landlord shall have collected any such current damages, as liquidated final damages and in lieu of all such current damages beyond the date of such demand, at Landlord’s election Tenant shall pay to Landlord an amount equal to the excess, if any, of the Basic Rent, Escalation Charges, Additional Rent and other sums as hereinbefore provided which would be payable hereunder from the date of such demand assuming that, for the purposes of this paragraph, annual payments by Tenant on account of Taxes and Operating Expenses would be the same as the payments required for the immediately preceding Operating or Tax Year plus a three percent (3%) annual increase per year for what would be the then unexpired Term of this Lease if the same remained in effect, over the then fair net rental value of the Premises for the same period. In case of any Event of Default, re-entry, expiration and dispossession by summary proceedings or otherwise, Landlord may (i) relet the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may at Landlord’s option be equal to or less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and may grant concessions or free rent to the extent that Landlord considers advisable and necessary to re let the same and (ii) make such alterations, repairs and decorations in the Premises as Landlord considers advisable and necessary for the purpose of reletting the Premises; and the making of such alterations, repairs and decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Tenant, for itself and any and all persons claiming through or under Tenant, including its creditors, upon the termination of this Lease and of the term of this Lease in accordance with the terms hereof, or in the event of entry of judgment for the recovery of the possession of the Premises in any action or proceeding, or if Landlord shall enter the Premises by process of law or otherwise, hereby waives any right of redemption provided or permitted by any statute, law or decision now or hereafter in force, and does hereby waive, surrender and give up all rights or privileges which it or they may or might have under and by reason of any present or future law or decision, to redeem the Premises or for a continuation of this Lease for the term of this Lease hereby demised after having been dispossessed or ejected therefrom by process of law, or otherwise. In addition to any other remedies under this Section 22, Tenant shall immediately become liable to Landlord for all damages proximately caused by Tenant’s breach of its obligations under this Lease, including all costs Landlord incurs in reletting (or attempting to relet) the Premises or any part thereof, including, without limitation, brokers’ commissions, expenses of cleaning, altering and preparing the Premises for new tenants, legal fees and all other like expenses properly chargeable against the Premises and the rental received therefrom and like costs, provided that nothing set forth in this Section 22 shall be construed to impose upon Landlord any obligation to relet the Premises or to mitigate its damages hereunder, except to the extent expressly required under applicable Law. If Landlord does elect to relet the Premises (or any portion thereof), such reletting may be for a period shorter or longer than the remaining Term, and upon such terms and conditions as Landlord deems appropriate, in its sole and absolute discretion, and Tenant shall have no interest in any sums collected by Landlord in connection with such reletting except to the extent expressly set forth herein. If the Premises or any part thereof shall be relet in combination with any other space, then proper apportionment on a per-square foot basis shall be made of the rent received from such reletting and of the expenses of such reletting. If Landlord shall succeed in reletting the Premises during the period in which Tenant is paying monthly rent damages as described in Section 22, Landlord shall credit Tenant with the net rents collected by Landlord from such reletting, after first deducting from the gross rents, as and when collected by Landlord, (A) all expenses incurred or paid by Landlord in collecting such rents, and (B) any theretofore unrecovered costs associated with the termination of this Lease or Landlord’s reentry into the Premises, including any theretofore unrecovered expenses of reletting or other damages payable hereunder. If the Premises or any portion thereof be relet by Landlord for the unexpired portion of
the Term before presentation of proof of such damages to any court, commission or tribunal, the amount of rent reserved upon such reletting shall, prima facie, constitute the fair and reasonable rental value for the Premises, or part thereof, so relet for the term of the reletting. Landlord shall not be liable in any way whatsoever for its failure or refusal to relet the Premises or, if the Premises or any part are relet, for its failure to collect the rent under such reletting, and no such refusal or failure to relet or failure to collect rent shall release or affect Tenant’s liability for damages or otherwise under this Lease. If the trustee or the debtor in possession assumes the Lease under applicable bankruptcy law, it may assume and assign its interest in this Lease only if the proposed assignee first provides Landlord with (1) notice of such proposed assignment, setting forth (i) the name and address of the proposed assignee, its proposed use of the Premises, reasonably detailed character and financial references for such person (including its most recent balance sheet and income statements certified by its chief financial officer or, if available, a certified public accountant) and any other information reasonably requested by Landlord, and (ii) all of the terms and conditions of such offer, shall be given to Landlord by Tenant or such trustee no later than twenty (20) days after receipt by Tenant or such trustee of such offer, but in any event no later than ten (10) days prior to the date that Tenant or such trustee shall make application to a court of competent jurisdiction for authority and approval to assume this Lease and enter into such assignment; (2) Adequate Assurance of Future Performance (as hereinafter defined) of all of Tenant’s obligations under this Lease, and (3) Landlord determines, in the exercise of its reasonable business judgment, that the assignment of this Lease will not breach any other lease, or any mortgage, financing agreement, or other agreement relating to the Property by which Landlord or the Property is then bound (and Landlord shall not be required to obtain consents or waivers from any third party required under any lease, mortgage, financing agreement, or other such agreement by which Landlord is then bound). Landlord shall have the option, to be exercised by notice to Tenant or such trustee given at any time prior to the date the application is filed for court approval of the assumption and assignment of this Lease to the proposed assignee, to accept an assignment of this Lease upon the same terms and conditions and for the same consideration, if any, as the bona fide offer made by such proposed assignee, less any brokerage commissions which may be payable out of the consideration to be paid by such person for the assignment of this Lease. For purposes only of the above, and in addition to any other requirements under the Bankruptcy Code, any future federal bankruptcy law and applicable case law, “Adequate Assurance of Future Performance” means at least the satisfaction of the following conditions, which Landlord and Tenant acknowledge to be commercially reasonable: (a) the proposed assignee submitting a current financial statement, audited by a certified public accountant, that allows a net worth and working capital in amounts determined in the reasonable business judgment of Landlord to be sufficient to assure the future performance by the assignee of Tenant’s obligation under this Lease; and (b) if requested by Landlord in the exercise of its reasonable business judgment, the proposed assignee obtaining a guarantee (in form and substance satisfactory to Landlord) from one or more persons who satisfy Landlord’s standards of creditworthiness; and (c) the proposed assignee is of a character and financial worth such as is in keeping with the standards of Landlord in those respects for the Property, the assignee’s tenancy is of the same quality as other tenants at the Property, and the purposes for which the proposed assignee intends to use the Premises are uses expressly permitted by and not prohibited by this Lease or prohibited by any other lease at the Property. 23. NOTICE: Any notice from the LESSOR to the LESSEE relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if left at or mailed to the address of Lessee described under item 1 of this lease, registered or certified mail, addressed to the LESSEE. Any notice for the
LESSEE to the LESSOR relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if mailed to the LESSOR by registered or certified mail, return receipt requested, postage prepaid, addressed to the LESSOR at such address as the LESSOR may from time to time advise in writing. All checks shall be made payable to: GOLDBERG WEINER REALTY LLC. . All rent notices shall be paid and sent to the LESSOR or the LESSEE at the addresses set forth hereinabove. 24. SURRENDER: The LESSEE shall at the expiration or other termination of this lease remove all LESSEE’s goods and effects from the leased premises, (including without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the LESSOR the leased premises broom clean and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the leased premises, in good condition, ordinary wear and tear and damage by fire or other casualty only excepted. Tenant may remove their trade fixtures provided any damage caused by said removal is repaired as per item 13 of this lease. In the event of the LESSEEs failure to remove any of LESSEE's property from the premises, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the properly at LESSEEs expense, or to retain same under LESSOR's control or sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. 25. NO WAIVER: No assent, express or implied, by the LESSOR or LESSEE to any breach of any agreement or condition herein contained on the part of the LESSEE or LESSOR to be performed or observed, and no waiver, express or implied, of any such agreement or condition shall be deemed to be a waiver of or an assent to any succeeding breach of the same or any other agreement or condition, the acceptance by the LESSOR of rent or other payment hereunder or silence by the LESSEE to any breach shall not be construed as waiving any of the LESSOR's rights hereunder unless such waiver shall be in writing. No payment by the LESSEE or acceptance by the LESSOR of a lesser amount that shall be due the LESSOR from the LESSEE shall be deemed to be anything but payment on account, and the acceptance by the LESSOR of a check for a lesser amount with an endorsement or statement thereto or upon a letter accompanying said check that said lesser amount is payment in full shall not be deemed an accord and satisfaction, and the LESSOR may accept said check without prejudice to recover the balance due or pursue any other remedy. 26. RULES AND LESSEE covenants that LESSEE, its agents, employees, servants, licensees, invitees, and REGULATIONS: visitors will comply with all such reasonable rules and regulations of uniform applicability as LESSOR may from time to time hereafter promulgate and revise to regulate the conduct of all LESSEES of the building therein as if all such rules and regulations were set forth in this lease at length. LESSEE further agrees to abide by all the following rules and regulations: (a) Store and dispose all trash and garbage within the demised premises, or such other places as the LESSOR may designate, located so as not to be visible to those shopping in the store and not to create or permit any health or fire hazard. Trash, refuse and the like shall be kept in covered metal cans, which metal cans shall be kept within the Premises at all times, and in no event stored outside of the same. LESSEE shall be responsible for own trash removal, and shall not use any of the dumpsters outside without the express written consent of the individual leasing said dumpsters. (b) Receive deliveries and load and unload all cars, trucks or their vehicles only in that portion of the property, designated by the LESSOR for such purpose. LESSOR has the right to schedule hours for deliveries if it becomes necessary for the overall operation of the building. (c) The entire Leased Premises shall be kept and maintained in a manner so as to . prevent fire or other hazard. Tenant shall be responsible for their pro-rata share of any
pest control program for the building (d) If LESSEE is permitted to connect any electric lines from currently available outlets, said lines must be electrical service gauge, UL approved, and otherwise subject to the approval of the LESSOR or his authorized representatives. Telephone installation shall be performed by LESSEE at its sole cost and expense. (e) Parking Lot/Towing: Should there be another car in the LESSEE'S designated and signed parking space, LESSEE shall notify LESSOR of the make, model, color, and license plate of the car so that LESSOR can determine if the car is to be towed or to authorize LESSEE to tow the car. (f) The replacement of light bulbs within the demised premises shall be a tenant responsibility and the common area waiting rooms and baths shall be a shared tenant responsibility. 27. LIMITATION OF LESSEE specifically agrees to look solely to LESSOR's insurance policies and its then equity OF LIABILITY: interest in the building known as 1780-1798 Massachusetts Avenue for recovery of any judgment from LESSOR it being specifically agreed that neither the LESSOR nor anyone claiming under the LESSOR shall ever be personally liable to LESSEE for any indirect, special or consequential damages suffered by LESSEE from whatever cause. Lesser shall in no event be in default of the performance of any of it obligations hereunder unless and until Landlord shall have failed to perform such obligations within thirty (30) days or such additional time as reasonably required to correct any such default after notice in writing by Tenant to Landlord properly specifying wherein Landlord has failed to perform any such obligation. 28. RENT LESSEE shall pay, without offset for any reason except as set forth herein, rent, and as Additional OTHER Rent on account of Real Estate Taxes and Operating Costs, and all other charges payable by. CHARGES: LESSEE to LESSOR. If LESSEE fails to pay any Additional Rent, LESSOR shall have all rights and remedies for that of failure to pay Rent. 29. LATE PAYMENT If LESSEE shall fail to pay Rent, Additional Rent or other charges after the same become due and AND payable under this Lease, such unpaid amounts, after a five day grace period, shall bear interest ADMINISTRATIVE from the due date thereof to the date of payment at the rate of six percent (6%) per annum, or EXPENSES such rate as may be the maximum lawful rate ("Interest Payment"). In addition, if LESSOR is required to redeposit any check which is returned for insufficient funds or if LESSEE shall fail to pay Fixed Minimum Rent, Additional Rent or other charges after the same become due and payable, then LESSEE shall also pay to LESSOR an administrative expense charge ("Administrative Expense") of Seventy-Five Dollars ($75.00) for each calendar month or part thereof after the due date of such payment until such payment is received by LESSOR. The provisions herein for Interest Payment and Administrative Expense shall not be construed to relieve LESSEE of the obligation to pay Rent, Additional Rent and all other charges when due and shall be in addition to and not in limitation of LESSOR'S other remedies as provided for in Lease. 30. LESSEE'S LESSEE agrees to perform all of "LESSEE'S WORK" as specified herein on Exhibit B. All of WORK: LESSEE'S WORK shall be done in a good and workmanlike manner using new and high quality materials and in accordance with the provisions of all laws, rules and regulations and insurance requirements applicable thereto. 31. REFUR- The LESSEE shall, at its sole expense, repaint, refurbish, replace carpeting or flooring, and BISHMENT change light bulbs and assure that the Leased Premises are kept in a first-class, tenantable and attractive condition throughout the term of this Lease. 32. CONTENTS All inventory, equipment, goods, merchandise, furniture, fixtures and property of every kind which AT LESSEE'S may be on or about the Premises shall be at the sole risk and hazard of LESSEE, and if the whole RISK: or any part of thereof shall be destroyed or damaged by fire, water or otherwise, or by the abuse of
water or by the leaking or bursting of water pipes or by rising water, or by roof or other structural leak, or in any other way or manner, no part of such loss or damage shall be charged to borne by LESSOR in any case whatsoever, except that to the extent required by applicable Massachusetts law, the foregoing shall not exculpate the LESSOR from acts of its own negligence. LESSEE agrees to maintain full and adequate insurance coverage on all of its property at the Premises and in all of its property located elsewhere on the LESSOR'S property including physical damage, theft and business interruption insurance, or LESSEE shall so advise LESSOR in writing and shall be fully responsible for all such damage, and shall indemnify and save harmless the LESSOR from any loss, cost, expense, damage or liability resulting from LESSEE'S failure to have such insurance as required in this Lease. Such in-durance on LESSEE'S property shall contain a waiver of subrogation clause in favor of LESSOR, or shall name LESSOR as an additional insured for the sole purpose of preventing a subrogation claim against LESSOR. If LESSEE is a self-insurer, in whole or in part, LESSOR shall be entitled to the same benefits it would have enjoyed had insurance covering the loss in full with a waiver of subrogation clause been in effect, or as if the LESSOR had been named on insurance covering the loss in full as an additional insured for the purpose of preventing a subrogation claim. LESSOR agrees to insure its interest in the property at 1780-1798A Massachusetts Avenue, Cambridge. 33. HOLDOVER: If the LESSEE remains in the premises beyond the expiration of this Lease at the end of the Term, or sooner, following an early termination as provided for herein, such holding over shall not be deemed to create any tenancy, but the LESSEE shall be a LESSEE at sufferance only subject to all of the LESSEE obligations set forth herein, but at a daily rate equal to one and one-half (1.5) times the Rent, then in effect, and Additional Rent and other charges provided for under this Lease. The acceptance of a purported rent check following termination shall not constitute the creation of a tenancy at will, it being agreed that LESSEE'S status shall remain that of a LESSEE at sufferance, at the aforesaid dally rate. 34. QUIET LESSOR covenants that as long as LESSEE is not in breach of this Agreement, LESSEE shall ENJOYMENT: have quiet use and enjoyment of the premises. 35. OTHER A.. Tenant has the right to lease one parking space in the rear parking lot during business hours at the current rate of $100 per month and 1 additional spaces at the rate of $200 per month currently. The landlord reserves the right to increase the parking rate to Tenants periodically provided that the rate is below the average rate charged for non-tenant parking. B. The Lessee agrees to prohibit its employees, invitees and guests from smoking in the premises or common areas; nor shall smoking be allowed within 10 feet of the Building of which the Premises are apart other than on outdoor public areas where smoking is permitted. C. Lessee shall at Lessee’s sole expense, maintain in effect at all times a service contract, satisfactory to Lessor, for pest control service at a minimum service interval of twice per month including the real alleyway. A copy of said service contract must be forwarded to Lessor for Lessor’s approval, which approval shall not be unreasonably withheld or delayed. D. Lessee shall, at Lessee sole expense and with Lessor’s prior approval, be responsible for any upgrades necessary for HVAC, including installation of filters if necessary to minimize odors, Lessee also agrees to raise existing exhaust on roof or do other work recommended by HVAC professional to minimize odors to adjacent tenants. E. Lessee shall insure that flooring in the kitchen and bathroom areas are waterproof and in good structural condition before opening for business and agrees to keep flooring waterproof at all times while this lease is in effect. F. Lessee shall insure that all plumbing including commercial garbage disposal and grease trap and sinks are to code and without leaks, are kept clean on a regular basis and as needed and have a service contract satisfactory to Landlord for removal of grease.
G. Tenant is responsible for installing filters or filter system to control odors so that there are no problems with odors due to their use. Tenant shall change filters every other month. Further Lessee shall at Lessee’s sole expense, be responsible for the repair of any damage to the roof caused by persons servicing the tenant’s HVAC or exhaust fans and/or changing filters of the demised premises. Tenant shall provide name of service agents and advise Lessor of service dates. The allowance of bad odors so as to constitute a nuisance shall be a violation of the lease. H. Lessee shall be responsible for its own fit-out and permits required for its use. All work shall be done to code, subject to Landlord’s approval. Tenant shall submit plans and/or specifications of work for Landlord’s approval, before commencing work. . I The Tenant shall operate the business and said business shall remain open during usual business days and hours, a minimum of 6 (six) days per week. In the event that the restaurant is closed for more than 30 consecutive days or more than a total of 52 days in any calendar years, such event shall constitute a default under the terms of the lease, subjecting the Tenant to all remedies available to the Landlord hereunder, unless said closure is approved by Landlord. J. Any garbage or waste disposal system shall be of commercial grade and the Tenant shall maintain in place a contract reasonably satisfactory to landlord for the regular cleaning and servicing of all grease traps and the periodic cleaning of all drains. All drains shall be free and clear of debris. 36. EXECUTION This Lease is executed in triplicate, the copies of which are identical, and either one of which is to be deemed to be complete in itself and may be introduced in evidence or used for any purpose without the production of the other copy. The headnotes throughout this lease are for the convenience of reference only, and shall in no way be held or deemed to define, limit explain, describe, modify, add to the interpretation, construction, or meaning of any provisions of this Lease. 38. ENTIRE This Lease sets forth the entire agreement between the parties hereto and cannot be modified or AGREEMENT: amended, except in writing and duly executed by the parties hereto. IN WITNESS WHEREOF, the said parties hereunto set their hands and seals this day of ____________2015. ________________________________________ ___________________________________________ WITNESS Managing Agent of GOLDBERG WEINER REALTY" and not individually, LESSOR ___________________________________________ WITNESS LESSEE,___________________________________ Guarantor(s): Name_____________________________________ Address___________________________________
Phone_____________________________________ WITNESS_____________________________ LESSEE________________________________ Guarantor(s): Name_____________________________________ Address___________________________________ Phone_____________________________________ The following Exhibits are attached hereto and incorporated herein by reference: Exhibit A: Leased Premises Exhibit B Lessee’s Work Exhibit C: Menu 2512398_2/13103-2