Search â–¸ Agenda item attachment
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
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