A communication transmitted from Louis A. DePasquale, City Manager, relative to a request from Boston Properties Limited Partnership (“Boston Properties”) asking to modify two existing open space restrictive covenants on two parks, Broadway Park (also known as South Park) and Binney Park (also known as North Park). Boston Properties has indicated that this request is being made to facilitate the relocation of Eversource’s proposed electrical substation from its property at 135 Fulkerson Street to the so-called “Blue Garage” site within the Mixed-Use Development (MXD) District in Kendall Square owned by affiliates of Boston Properties Limited Partnership (“BPLP”), as contemplated by the zoning amendment ordained by the City Council on February 3, 2021 as Ordinance No. 2020-17 (the “2021 MXD Amendment”) and the further build-out of this site as described below and will include replacement of the open space that will be lost due to this project

BOSTON PROPERTIES LIMITED PARTNERSHIP c/o Boston Properties, Inc. 800 Boylston Street, Suite 1900 Boston, Massachusetts 02199 June 23, 2022 Mr. Louis A. DePasquale City Manager City of Cambridge 795 Massachusetts Avenue Cambridge, Massachusetts 02139 Re: Kendall Center Dear City Manager DePasquale: This letter is to respectfully request that the modification of the open space restriction covenants described below be placed on the City Manager's Agenda for transmittal to the City Council at the meeting scheduled for June 27, 2022. This request is being made to facilitate the relocation of Eversource's proposed electrical substation from its property at 135 Fulkerson Street to the so-called "Blue Garage" site with the Mixed-Use Development (MXD) District in Kendall Square owned by affiliates of Boston Properties Limited Partnership ("BPLP"), as contemplated by the zoning amendment ordained by the City Council on February 3, 2021 as Ordinance No. 2020-17 (the "2021 MXD Amendment). By way of background, the "Blue Garage" site is part of Boston Properties' Kendall Center (formerly known as Cambridge Center) development, which began in 1979 when Boston Properties was designated as the "developer of record" for a portion of the Kendall Square Urban Renewal Area under the Kendall Square Urban Renewal Plan (now known as the Kendall Square Urban Redevelopment Plan) (the "KSURP"). The KSURP was adopted by the City of Cambridge (the "City"') in 1965 in order to facilitate redevelopment within the 42-acre project area and eliminate the blighted conditions and urban decay that had previously characterized the area. In furtherance of that goal, the City adopted Article 14.000 of the Cambridge Zoning Ordinance to specifically govern land use and development within the so-called "Mixed-Use Development (MXD) District of the Urban Renewal Area in which the Kendall Center development is located. Since its original designation in 1979, Boston Properties has completed a total of seventeen buildings and three parking garages within Kendall Center as part of a master planning effort with the Cambridge Redevelopment Authority (the "CRA"), the City Council, the Planning Board, the Community Development Department (the "CDD") and other municipal boards and neighborhood groups. 1

As you are aware, the proposal to relocate the Eversource substation from the Fulkerson Street residential neighborhood was responsive to a planning priority identified by the City and has been the subject of extensive discussion and review. The MXD Amendment provided the pathway for this relocation from a zoning perspective. As was indicated in various public forums during which the substation relocation process and the 2021 MD Amendment were discussed, the complexity of constructing a project of this nature requires that the open space areas known as Broadway Park and Binney Park (as shown on Exhibit A attached to this letter) be utilized in order to accommodate the project. Broadway Park (also known as South Park) consists of 13,970 square feet located on certain parcels of land owned by the Trustees of Cambridge Center North Trust, the Trustees of Ten Cambridge Center Trust and the Trustees of Eleven Cambridge Center Trust. It is subject to an Open Space Restriction Covenant dated March 19, 1990 and recorded with the Middlesex South District Registry of Deeds (the "Registry") in Book 20443, Page 165 (the "Broadway Covenant"), a copy of which is attached to this letter as Exhibit B. The area subject to the Broadway Covenant is shown as the "Open Space Easement" on sheet 11 of that certain plan " Sheets 1 entitled "Master Easement Plan in Cambridge, MA, prepared for Boston Properties", through 12, prepared by Allen Demurjian Major & Nitsch and dated November 7, 1988 and finally revised April 5, 1989 (the "Easement Plan"), which Easement Plan was recorded with the Registry as Plan No. 253 of 1990 in Book 20443, Page 1. A copy of the Sheet 11 of the Easement Plan is attached to this letter as Exhibit C. Binney Park (also known as North Park) consists of 7,815 square feet located on a certain parcel of land owned by the Trustees of Eleven Cambridge Center Trust. It is subject to an Open Space Restriction Covenant dated March 19, 1990 and recorded with the Registry in Book 20443, Page 171 (the "Binney Covenant"), a copy of which is attached to this letter as Exhibit D. The Broadway Covenant and the Binney Covenant are sometimes hereinafter referred to collectively as the "Covenants." The area subject to the Binney Covenant is shown as the "Open Space Easement" on the Easement Plan referenced in the immediately preceding paragraph as Exhibit C. The Covenants were put in place in order to comply with the provisions of Section 14.42 of the Zoning Ordinance and with the KSURP, which both require that a minimum of 100,000 square feet be reserved or designated as public open space for public use and enjoyment within the MXD District. Section 14.42 specifies a number of methods for creating the requisite amount of open space, including "dedication, by covenant or comparable legal instrument, to the community use of the residents, lessees and visitors to the District for reasonable amounts of time on a regular basis." As shown on Exhibit E, the proposed project will completely reconfigure the "Blue Garage", Broadway Park and Binney Park sites. The existing "Blue Garage" would be demolished, with the parking to be replaced in an underground facility on the site. A new residential building would be constructed on portions of the Broadway Park site and existing garage site, and a new commercial building would be constructed on portions of the Binney Park site and the existing garage site. In addition, key transmission and distribution infrastructure for the proposed Eversource substation would be located beneath the Broadway Park and Binney 2

Park sites in the cross-hatched areas shown on Exhibit F, with portions of the proposed residential building and western commercial building to be built above these infrastructure elements. Accordingly, and as previously stated during the prior public hearings on the MXD Amendment, the Covenants will need to be terminated in order to allow for the project to proceed. This would result in a temporary reduction of the dedicated public open space within the MXD District of 21,785 square feet, from 217,369 total square feet to 195,584 total square feet. As described below, new open space within the MIXD District will be provided as an element of the project, and will consist of approximately 28,455 square feet, with 26,602 square feet being "usable" space. This results in a net gain of approximately 4,700 square feet of usable public open space in the area. A new open space covenant will be held in escrow until the parcel of land upon which it is to be located has been created, at which time it will be recorded with the Registry and will take effect upon the completion of the build out of the substation and the open space. The proposed form of the new covenant is attached hereto as Exhibit G. The Covenants, which expire in March 2030, both provide that they may be terminated by a majority vote of the City Council with the approval of the grantor. This letter is to respectfully request that the proposed termination of the Covenants be presented to the City Council by the City Manager. Attached as Exhibit H is the proposed form of termination for the Broadway Covenant, and attached as Exhibit I is the proposed form of termination for the Binney Covenant. In connection with the foregoing, it should be noted that the proposed project shown on Exhibit E required the issuance of an amendment to the existing Infill Development Special Permit PB 315 issued by the Planning Board on March 20, 2017 (as amended by Amendment #1 issued on January 31, 2019). This amendment, which was approved by the Planning Board on March 15, 2022, was the subject of a comprehensive joint review by the Planning Board and the CRA as set forth in Section 14.73 of the Zoning Ordinance, and included the review of "a project specific open space plan depicting the design of open space provided on site and any Public Open Space contributions to the area to be executed by the Project." The Infill Development Concept Plan process was added to Article 14.000 of the Zoning Ordinance in December of 2015, and provides for a more holistic assessment of open space throughout the MIX District in lieu of the somewhat formulaic approach that existed under earlier incarnations of Article 14.000. BPLP has worked in close collaboration with the CRA and CDD staff, and also hosted multiple community forums, to facilitate the design and programming of an active new open space within the project area. Thus, the elimination of open space from the "Blue Garage" site will be a temporary one. Not only has the proposed open space component of the proposed project been thoroughly evaluated by the Planning Board and the CRA, but, as shown on the side-by-side comparison plan attached to this letter as Exhibit J, it is also expected that this new open space will be larger in area and more functional for the public than the existing Broadway and Binney Parks. In addition to enabling the relocation of the Eversource substation from the Fulkerson Street residential neighborhood to the "Blue Garage" site and the provision of new open space as part of this project, BPLP is also proposing to extend current expiration dates for the Open Space Restriction Covenants attached as Exhibits K and L that comprise Danny Lewin Park from March 10, 2038 to March 10, 2081 and to finance targeted improvements to be planned by the 3

CRA on Danny Lewin Park, including the removal of existing brick walls and associated his open space. tand raping eates in ordesed moice hes tualese meany and perched pubi as hi of M and N. Please do not hesitate to contact us should you require any additional information in order to process this request. In the meantime, thank you for your attention. BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner Name: David C. Provost Title: Senior Vice President, Development

EXHIBIT A Existing Plan of Broadway Park and Binney Park Parcel 2 (P2) NORTH Parcel 3 (P3) WEST Parcel 4 (P4 EAST

EXHIBIT B Broadway Covenant see attached

NLC 40-16 B20443 P | 65 3/7/90 781-95 D Co = OPEN SPACE RESTRICTION COVENANT (SOUTH PARK) 19t This COVENANT, made effective this day of March, 1990, by DAVID BARRETT, EDWARD H. LINDE and MORTIMER B. ZUCKERMAN, as TRUSTEES OF CAMBRIDGE CENTER NORTH TRUST (the "North Trust"), under Declaration of Trust dated August 17, 1988, recorded with Middlesex South District Registry of Deeds (hereinafter "Deeds") _PAGE 119 in Book 19383, Page 203, having its office c/a Boston Properties, 8 Arlington Street, Boston, Massachusetts, DAVID BARRETT, EDWARD H. LINDE and MORTIMER B. ZUCKERMAN, as TRUSTEES OF TEN CAMBRIDGE CENTER TRUST ("10 CCT"), under Declaration of Trust dated March 9, 1988, recorded with Deeds in Book 18921, Page 233 and DAVID 12.00 BARRETT, EDWARD H. LINDE and MORTIMER B. ZUCKERMAN, as TRUSTEES OF a54 ELEVEN CAMBRIDGE CENTER TRUST ("11 CCT"), under Declaration of Trust dated April 15, 1983, recorded with Deeds in Book 15014, Page 396 (collectively, all of the above are hereinafter sometimes 110 referred to as the "Grantor" ¿Ambai Fe The following are facts relevant to the execution of this Covenant: North Trust is the owner in fee of a parcel of land in 10:10:19 Cambridge, Massachusetts, containing 91,845 square feet, or 2.11 HE PLAN IN RECORD BOOK 20443 acres, more or less, and shown as Tract IV on a plan entitled "Parcel 2 Plan of Land in Cambridge, MA., prepared for Boston May 2, 1989 03/23/90 Payer 1989 pressed sion anu and tolerated concurrently herewith, and also shown as Tract IV on a plan entitled "Master Easement Plan in Cambridge, MA, prepared for Boston Properties", sheets 1 through 12, prepared by Allen Demurjian Major & Nitsch, and dated November 7, 1988, and finally revised April 5, 1989 (the "Easement Plan"), to be recorded with Deeds concurrently herewith. North Trust intends to improve Tract constructing thereon a multi-level parking garage structure "Garage"). B. 10 CCT is the owner in fee of a parcel of land in Cambridge, Massachusetts, containing 49,110 square feet, OI 1.13 acres, more or less and shown as Tract III on both the Subdivision Plan and the Easement Plan. 11 CCT is the owner in fee of a parcel of land in Cambridge, Massachusetts, containing 37,860 square feet, or 0.87 acres, more or less shown as Tract II on both the Subdivision Plan and the Easement Plan. IN RECTRD RMK 20443 D. Contained within Tracts II, III and IV is a parcel of land containing 13,970 square feet, or 0.32 acres, more or less "South Park Open Space Area") which is shown on Sheet ll of the Easement Plan as "Open Space Easement". The South Park Open Space Area is largely, but not wholly, contained within Tract III.

B20443 P 166 A narrow portion of the South Park Open Space Area, along its northwesterly boundary, is contained within Tract II and another portion of the South Park Open Space Area, along its northeasterly boundary, is contained within Tract IV. E. Pursuant to the provisions of Article II, Paragraph 10 of that certain Parcel 2 Easement Agreement (Master Utility and Access Easements) (hereinafter the even date herewith between and among the Grantor, the Cambridge Redevelopment Authority (the "CRA"), 11 CCT and David Barrett, Edward H. Linde and Mortimer B. Zuckerman, as Trustees of Fourteen Cambridge Center Trust, u/d/t dated February 4, 1982 ("14 CCT"), recorded with Deeds in Book 14707, Page 96, the CRA, in title to 10 CCT in respect of Tract III, and 11 CCT have granted to North Trust rights and easements (the "Easement") use the-South Park-Open Space Area for the purpose of installing and maintaining grass, walkways, shrubs and other forms of land- scaping and public amenities, with the intent that North Trust will dedicate of record the South Park Open Space Area as public open space for the benefit of the general public. Dedication of the South Park Open Space Area to such public benefit comports with the requirements of Section 14.42 of the Zoning Ordinance for the City of Cambridge (the "Zoning Ordinance"), which requires that a minimum of 100,000 square feet within the Cambridge Center Mixed Use Development District (the "MXD District") which is contained within the "Kendall Square established by the CRA pursuant to Urban Renewal Plan dated August 30, 1965 as amended by Revised Amendment No. 1, dated October, 1977 and as further amended by Amendment No. 2, dated May 19, 1981, be reserved or dedicated as public open space. The restrictions on the South Park Open Space Area hereby imposed by the Grantor are intended to satisfy, in part, the aforesaid public open space requirement of the Zoning Ordinance. NOW THEREFORE, the Grantor hereby imposes the following the restrictions on the South Park Open Space Area, and assumes following obligations in connection therewith: The South Park Open Space Area shall be used only: (1) improve- to provide light and air to the surrounding buildings and ments; (2) for scenic, recreational, or similar purposes; (3) for subsurface utility services, sanitary sewer and stormwater drainage; (4) for pedestrian ingress and egress to and from the garage; and (5) for such other purposes are specified in the Ease- ment Agreement. The South Park Open Space Area shall be open and available to the community use of residents and lessees of, and visitors to, the MD District, seven days a week, during the period commencing one hour after sunrise and ending one hour before sunset; provided that Grantor may (i) after 15 days' prior written notice to the City Manager of the City of Cambridge, or his successor or designee, adopt reasonable rules and regulations for purposes of safety and security to persons and property, with -2-

B20443 P 167 respect to the use and operation of the South Park Open Space Area, which rules and regulations may, inter alia, modify the days and hours during which the South Park Open Space Area shall be open and available for community use as aforesaid; and (ii) adopt such additional rules and regulations as may be approved by said City Managei, or his successor designee, which approval shall not be unreasonably withheld or delayed. The notice to said City Manager hereinabove required must set forth the proposed rules and rest red at set Port En regulations, a brief explanation of the reason for such rules and regulations, the proposed effective date of such rules and regulations and an offer to meet with said City Manager, or his successor or designee, to discuss such rules and regulations. The Grantor shall use reasonable efforts to so consult with said City Manager, or his ‚successor or designee, at least 10 days prior to the implementation of such proposed rules and regulations. (b) No such rules and regulations shall be valid if they are at variance with the requirements of the Zoning Ordinance that the South Park Open Space Area be open and available to the community use of the residents, lessees and visitors to the MD District for reasonable amounts of time on a regular basis. (C) The aforesaid restriction regarding the use and enjoy- ment of the South Park Open Space Area shall be a burden on the Easement and Tract II, Iract III and Tract IV, respectively, and shall run to. the benefit of, and shall be enforceable by, the City of Cambridge: (d) The Grantor covenants and agrees to keep in effect, or cause to be kept in effect, at all times, general liability insurance naming the City of Cambride and the CRA as parties insured, with limits of not less than $1, 000,000/$5,000,000 against claims for injury to or death of one or more than one Than 5500,00 o: 4 person, not less than $500,000 for property damage and not less than $50,000 for medical payments for such greater limits as said City Manager, or his successor or designee, or the CRA, or its successor public body, may reasonably request from time to time) due to alleged incidents occurring on or about the South Park Open Space Area or the other areas to be open and available for community use pursuant to the terms hereof. Upon request therefor, the Grantor shall promptly furnish, or cause to be furnished promptly, to the CRA and the City of Cambridge evidence, reasonably satisfactory to the CRA and the City of Cambridge, that the aforesaid insurance is being maintained. (e) The Grantor covenants and agrees to maintain, or cause to be maintained, the South Park Open Space Area and all improve- ments thereto (including, without limitation, landscaping) in an attractive, good, clean and sanitary condition, free of debris, and all pedestrian paths and passageways located on the South Park Open Space Area shall be maintained sufficiently free of snow and ice to provide adequate and safe pedestrian access. -3-

B20443 P 168 (f) This Covenant shall terminate automatically without the requirement of the execution or recordation of any further instru- ment of termination, upon the earlier of (i) the date on which the Garage to be constructed upon Tract IV, or any substantial part thereof, no longer exist by reason of casualty or taking; or (ii) the date on which the office building improvements to be constructed upon Tract III, or any substantial part thereof, no longer exist by reason of casualty or taking; or (iii) forty (40) years from the date hereof. Subject to the provisions of the preceding paragraph (I), this Covenant may not be amended, modified or terminated except by a majority vote of the City Council of the City of Cambridge and with the approval of the Grantor, its successors- in-title and assigns. (h) The rights and obligations of the Grantor hereunder (including, without limitation, the right to adopt rules and regulations pursuant to the terms hereof) shall be appurtenant to and a burden upon the Easement and Tract IV and, subject to subparagraph (i) below, upon Tract II and Tract III, and shall run to the benefit of, and (i) for purposes of subparagraphs (a), (d), (e) and (g) hereof, North Trust covenants and agrees to be solely responsible for the obligations of the Grantor as provided hereunder and in the Easement Agreement; and 10 CCT and 11 CCT agree that North Trust shall have exclusive right to exercise the rights of Grantor as provided hereunder and in the Easement Agreement, without any requirement of prior approval or ratification by 10 CCT Or 11 CCT. IN WITNESS WHEREOF, the undersigned have caused this Covenant written. to be duly executed, under seal, on the day and year first above CAMBRIDGE CENTER NORTH TRUST By: Dood Bouett Trustee as David Barrett, aforesaid, not indiøidually By : award a. Trustee as not individually -4-

B 2 0 | 69 TEN CAMBRIDGE CENTER TRUST By: and Banet Trustee as aforesa not individually DAVID BARRETO By : EDWAR LIADE, Trustee as acoresa al yot individually ELEVEN CAMBRIDGE CENTER TRUST By: ana Bauer DAVID Trustee as BARRETT, aforesaid got individually Trustee as not individually Cambridge Redevelopment Authority, for itself, and its successors assigns, hereby joins in this Covenant for the purpose of consenting to and acknowledging the delegation of rights and obligations set forth in paragraph (i). Attest: CAMBRIDGE REDEVELOPMENT AUTHORITY By: Executive Director Name: Thomas and Secretary [ Seal ) -5-

P 170 B20443 1. " COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. March 19, 1990 personally appeared the above-named DAVID BARRETT, Irustee of Cambridge Center North Trust, Ten Cambridge Center Trust and Eleven Cambridge Center Trust, and acknowledged the foregoing instrument to be his free act and deed, as Trustee, before me, 24D. Be NOTARY PUBLIC MY COMMISSION EXPIRES " APRIL 4, 1991 COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX, ss. Marchi9, 1990 appeared the above-named REDEVELOPMENT Murphy Then personalt Enaliman of the CAMBRIDGE I AUTHORITY, and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of Cambridge Redevelopment Authority, before me, NOTARY Expires: 3/30/95 My Commission [SEAL ] 199752 notyriA 8 alISO AM nota:& SERENE

EXHIBIT C Sheet 11 of Easement Plan BINNEY STREET DETAIL OPEN SPACE PARCEL B EASEMENT PLAN TRACTI CAMBRIDGE BOSTON PROPERTIES "'REPARED BY IRACT, IV ALLEN DEMURJIAN MAJOR & GALILEO GALILEI WAY NITSCH, INC no ances ten ІНАСТ, И I HEREBY CERTIFY THAT I TALL DIT 3.1E P0 PRESTONS TRACT, IT. BROADHAT DETAIL CHEET 1SMÍ12

EXHIBIT D Binney Covenant [see attached]

NLC 40-15 820443. P 171 3/7/90 781-98 04 OPEN SPACE RESTRICTION COVENANT (NORTH PARK) This CoVENANT, made effective this lath day of March, 1990, by EDWARD H. LINDE and MORTIMER B. ZUCKERMAN, as DAVID BARRETT, TRUSTEES OF CAMBRIDGE CENTER NORTH TRUST (the "Grantor"), under Declaration of Trust dated August 17, 1988, recorded with Middlesex South District Registry of Deeds (hereinafter "Deeds") Page 203, having its oftice c/o Boston Properties, in Book 19383, 8 Arlington Street, Boston, Massachusetts. AmbRiDga The following are facts relevant to the execution of this Covenant: 10.00 The Grantor is the owner in fee of a parcel of land in Cambridge, Massachusetts, containing 91,845 square feet, or 2.11 111 acres, more or less, and shown as Tract IV on a plan entitled "Parcel 2 Plan of Land in Cambridge, MA., prepared for Boston Properties", prepared by Allen Demurjian Major, & Nitseff, and dated to be recorded with May 2, 1989 "Subdivision Plan"), which is Deeds concurrently herewith, and also shown as Tract IV on a plan _ PAGE L12. entitled "Master Easement Plan in Cambridge, MA, prepared for a54 Boston Properties", sheets 1 through 12, prepared by Allen Demurjian Major & Nitsch, and dated November 7, 1988, and finally be recorded with revised April 5, 1989 (the "Easement Plan"), to The Grantor intends to improve Tract Deeds concurrently herewith: thereon a multi-level parking garage structure IV by constructing 03/23/90 10:10:20 (the "Garage"). MSI B. Contained within Tract IV is an area containing 7,815 square feet, or 0.18 acres, more or less (the "North Park Open Space Area") which is shown on Sheet 11 of the Easement Plan as "Open Space Easement". Pursuant to the provisions of Article II, Paragraph 10 of that certain Parcel 2 Easement Agreement (Master Utility and IT DIAM IN RECORD POOK 20443 Access Easements) (hereinafter the "Easement Agreement") dated of even date herewith between and among the Grantor, the Cambridge Redevelopment Authority (the "CRA"), and David Barrett, Edward H. Linde and Mortimer B. Zuckerman, as they are Trustees of both Fourteen Cambridge Center Trust, u/d/t dated February 4, 1982 and PAGE recorded with Deeds in Book 14707, Page 96 ("14 CCT") and Eleven Cambridge Center Trust, u/d/t dated April 15, 1983 and recorded with Deeds in Book 15014, Page 396 ("11 CCT"), to be recorded concurrently herewith, the CRA has granted to the Grantor rights and easements (the "Easement") to use the North Park Open Space Area for the purpose of installing and maintaining grass, walk- ways, shrubs and other forms of landscaping and public amenities, the intent that the Grantor will dedicate of record the North Park Open Space Area as public open space for the benefit of the general public. OF RAM

B20443 P | 72 Dedication of the North Park Open Space Area to such public benefit comports with the requirements of Section 14.42 of Ordinance for the City of Cambridge (the "Zoning Ordinance"), which requires that a minimum of 100,000 square feet Cambridge Center Mixed Use Development District (the "MXD District") which is contained within the "Kendall Square established by the CRA pursuant to Urban Renewal Plan dated August 30, 1965 as amended by Revised Amendment No. 1, dated October, 1977 and as further amended by Amendment No. 2, dated May 19, 1981, be reserved or dedicated as public open The restrictions on the North Park Open Space Area hereby space. part, the imposed by the Grantor are intended to satisfy, in aforesaid public open space requirement of the Zoning Ordinance. following NOW THEREFORE, the Grantor hereby imposes the restrictions on the North Park Open Space Area, and assumes the following obligations in connection therewith: shall be used only: (1) (a). The North Park Open Space Area to provide light and air to the surrounding buildings and improve- ments; (2) for scenic, recreational, or similar purposes; (3) for subsurface utility services and stormwater drainage; (4) for pedestrian ingress and egress to and from the Garage and (5) for such other purposes as are specified in the Easement Agreement. The North Park Open Space Area shall be open and available to the community use of residents and lessees of, and visitors to, the MD District, seven days a week, during the period commencing one hour after sunrise and ending one hour before sunset; provided that Grantor may (i) after 15 days' prior written notice to the City Manager of the City of Cambridge, or his successor or and regulations for purposes of designee, adopt reasonable rules safety and security to persons and property, with respect to the use and operation of the North Park Open Space Area, which rules and regulations may, inter alia, modify the days and hours during Area shall be open and available which the North Park Open Space foI community use as aforesaid; and (ii) adopt such rules and regulations as may be approved by said City Manager, or his successor designee, which approval shall not be unreasonably withheld or delayed. The notice to said City Manager hereinabove required must set forth the proposed rules and regulations, a explanation of the reason for such rules and regulations, the proposed effective date of such rules and regulations and an offer to meet with said City Manager, or his successor or The Grantor designee, to discuss such Illes and regulations. shali use reasonable efforts to so consult with said City Manager, or his successor or designee, at least 10 days prior to the implementation of such proposed rules and regulations. (b) No such rules and regulations shall be valid if they are at variance with the requirements of the Zoning Ordinance that the North Park Open Space Area be open and available to the community use of the residents, lessees and visitors to the MD District for reasonable amounts of time on a regular basis. -2-

B20443 P / 73 (C) The aforesaid restriction regarding the use and enjoy- ment of the North Park Open Space Area shall be a burden on Tract IV, and shall run to the benefit of, and shall be enforceable by, the City of Cambridge. (d) The Grantor covenants and agrees to keep in effect, or cause to be kept in effect, at all times, general liability the CEs once insurance naming the City of Cambridge and the CRA as parties insured, with limits of not less than $1, 000,000/$5,000,000 against claims for injury to or death of one or more than one person, not less than $500,000 for property damage and not less than $50,000 for medical payments (or such greater limits as said Manager, or his successor or designee, or the CRA, or its successor public body, may reasonably request from time to time) due to alleged incidents occurring on or about the North Park Open Space Area or the other areas to be open and available for Upon request community use pursuant to the terms hereof. therefor, the Grantor shall promptly furnish, or cause to be furnished promptly, to the CRA and the City of Cambridge evidence, reasonably satisfactory to the CRA and the City of Cambridge, that the aforesaid insurance is being maintained. (e) The Grantor covenants and agrees to maintain, or cause to be maintained, the North Park Open Space Area and all improve- ments thereto (including, without limitation, landscapinal in an attractive, good, clean and sanitary condition, free of debris, and all pedestrian paths and passageways located on the North Park Open Space Area shall be maintained sufficiently free of snow and ice to provide adequate and safe pedestrian access. (E) This Covenant shall terminate automatically without the requirement of the execution or recordation of any further instru- ment of termination, upon the earlier of (i) the date on which the Garage to be constructed upon Tract IV, or any substantial part thereof, no longer exists by reason of casualty or taking; and from the date hereof. (ii) forty (40) years (g) Subject to the provisions of the preceding paragraph (E), this Covenant may not be amended, modified or terminated except by a majority vote of the City Council of the City of Cambridge and with the approval of the Grantor, its successors- in-title and assigns. (1) The rights and obligations of the Grantor hereunder (including, without limitation, the right to adopt rules and regulations pursuant to the terms hereof) shall be appurtenant to and a burden upon Tract IV and shall run to the benefit of, and be enforceable by, the City of Cambridge. - 3-

B20443 P/74 •:.- IN WITNESS WHEREOF, the Grantor has caused this Covenant to be duly executed, under seal, on the day and year first above written. CAMBRIDGE CENTER NORTH TRUST By: Ted Ponet David Barrett, Trustee as пО: aforesaidy Indigidually By: Lynde Trustee as COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. March19, 1990 Trustee Of ersorally appeared the above-named DAVID BARRETT, cambridge Center North Trust, and acknowledged the foregoing instrument to be his free act and deed, as Trustee, before me, NOTARY PUBLIC My Commission Expires: [ SEAL) FRANK D. BURT, NOTARY PUBLIC MY COMMISSION EXPIRES APRIL 4, 1991

EXHIBIT E Proposed New Development BINNEY STREET GALILEO GALILEI WAY BROADWAY

EXHIBIT F Transmission and Distribution Infrastructure

EXHIBIT G Proposed Center Plaza Open Space Covenant OPEN SPACE RESTRICTION COVENANT (CENTER PLAZA) This COVENANT, made effective as of this Bryan J. Koop and David C. Provost, as Trustees of Cambridge Center North Trust under Declaration of Trust dated August 17, 1988 and recorded with the Middlesex South District Registry of Deeds (the "Registry") in Book 19383, Page 203, as amended, having an office c/o Boston Properties, Inc., 800 Boylston Street, Suite 1900, Boston, Massachusetts 02199- 8103 (the "Grantor"). The following are facts relevant to the execution of this Covenant: A. The Grantor is the owner in fee of a parcel of land known as and numbered 290 Binney Street in Cambridge, Massachusetts, containing 72,613 square feet, more or less ("Tract X"), which is shown as "Tract X" on a plan entitled "Subdivision/Consolidation Plan in Cambridge, Massachusetts" prepared by Vanasse Hangen Brustlin, Inc. and dated April 11, 2017, recorded with the Middlesex South District Registry of Deeds (the "Registry") as Plan No. 509 of 2017 by deed dated March 19, 1990 recorded with said Registry in Book 20443, Page 144. Contained within Tract X is a surface parcel of land containing 28,455 square feet, more or less, which is shown as "Center Plaza Public Open Area" on Exhibit A attached hereto (the "Center Plaza Open Space Area"). The Center Plaza Open Space Area is a component of phased project approved by the City of Cambridge Planning Board (the "Planning Board") in Amendment #2 (Major) to Infill Development Special Permit PB #315 dated March 15, 2022 (the "IDCP Special Permit Amendment") and recorded with the Registry in Book 80298, Page 375. The IDCP Special Permit Amendment contemplates that the improvements to the Center Plaza Open Space Area will be constructed upon the completion by NSTAR Electric Company, a Massachusetts corporation d/b/a Eversource Energy ("Eversource") of an electrical substation and related equipment and supporting infrastructure (the "Substation") on a parcel of land located underneath the Center Plaza Open Space Area. E. By the dedication thereof as set forth herein, the Center Plaza Open Space Area shall constitute public open space under Section 14.42 of the Zoning Ordinance for the City of Cambridge.

NOW THEREFORE, the Grantor, hereby imposes the following restrictions on the Center Plaza Open Space Area, and assumes the following obligations in connection therewith: (a) Upon completion of the Center Plaza Open Space Area and issuance of a final certificate of occupancy for the Substation, the Center Plaza Open Space Area shall be used only: (1) to provide light and air to the surrounding buildings and improvements; (2) for scenic, recreational, or similar open space purposes; (3) for access to, and operation, maintenance, repair and replacement of the Substation or for any other purpose otherwise associated with the Substation, including for the use and maintenance by Eversource of any equipment or infrastructure located within or related to the Center Plaza Open Space Area and for emergency management related to the Substation, as set forth and to the extent permitted herein; (4) for pedestrian ingress and egress to and from the buildings and other improvements that may be constructed from time to time on parcels adjacent to the Center Plaza Open Space Area; (5) for public use and enjoyment; and (6) for such other purposes as are specified in the IDCP Special Permit Amendment and design approvals by the Planning Board and the Cambridge Redevelopment Authority (the "CRA) in each case as the same may be amended from time to time. Subject to the foregoing, the Center Plaza Open Space Area shall be open and available to the community use of residents and lessees of, and visitors to, the MXD District, seven days a week, and shall at all times referred to herein be accessible from a public way: provided that Grantor may (i) after 30 days' prior written notice to the City Manager of the City of Cambridge, or his successor or designee, adopt reasonable rules and regulations as may be approved by said City Manager, or his successor or designee, which approval shall not be unreasonably withheld, conditioned, or delayed, for the purposes of safety and security to persons and property, with respect to the use and operation of the Center Plaza Open Space Area, which rules and regulations may, inter alia, modify the days and hours during which the Center Plaza Open Space Area shall be open and available for community use as aforesaid; and (ii) adopt such additional rules and regulations as may be approved by said City Manager, or his successor or designee, which approval shall not be unreasonably withheld, conditioned, or delayed. The notice to said City Manager hereinabove required shall set forth the proposed rules and regulations, a brief explanation of the reason for such rules and regulations, the proposed effective date of such rules and regulations and an offer to meet with said City Manager, or his successor or designee, at least 30 days prior to the proposed implementation of such proposed rules and regulations. Notwithstanding such rules, Eversource shall have the right, in perpetuity, to take such actions as it deems necessary, consistent with prudent utility practices, to manage emergencies, including outages and which may include restricting access to the Center Plaza Open Space Area, or portions thereof, without prior notice if required and for so long as is required to protect life and safety of persons or the Substation. No such rules and regulations shall be valid if they frustrate the requirements of the Zoning Ordinance that the Center Plaza Open Space Area be open and available to the community use of the residents, lessees and visitors to the MD District for reasonable amounts of time on a regular basis and otherwise in accordance with the terms hereof. Notwithstanding such rules, Eversource shall have the right to take such actions as it may deem necessary, consistent with prudent utility practices, to manage emergencies, including

outages and including restricting access to the Center Plaza Open Space Area, or portions thereof, without prior notice if required and for so long as is required to protect life and safety of persons or the Substation. The aforesaid restriction regarding the use and enjoyment of the Center Plaza (c) Open Space Area (including exceptions granted to Eversource pursuant to the terms hereof) shall be a burden on the Center Plaza Open Space Area, and shall run to the benefit of, and shall be enforceable by, the City of Cambridge. The Center Plaza Open Space Area is subject to those easements, encumbrances and other title exceptions in effect as of the date hereof, as well as any future easements that may be necessary in order to effectuate the completion of the development contemplated by the IDCP Special Permit Amendment (provided that any future easements shall not frustrate the requirements of the Zoning Ordinance that the Center Plaza Open Space Area be open and available to the community use of the residents, lessees and visitors to the MXD District for reasonable amounts of time on a regular basis and otherwise in accordance with the terms hereof, subject to the Eversource exceptions relating to the Substation described herein). (d) The Grantor covenants and agrees to keep in effect, or cause to be kept in effect, at all times, general liability insurance naming the City of Cambridge and the CRA as additional insureds, with limits of not less than $1,000,000/$5,000,000 against claims for injury to or death of one or more than one person, not less than $1,000,000 for property damage and not less than $500,000 for medical payments, and umbrella coverage in an amount not less than $5,000,000 (or such greater limits as said City Manager, or his successor or designee, or the CRA, or its successor public body, may reasonably require from time to time) due to alleged incidents occurring on or about the Center Plaza Open Space Area. The Grantor shall promptly furnish or cause to be furnished promptly to the City of Cambridge and the CRA certificates of insurance of all insurance such policies, and upon request therefor, the Grantor shall promptly furnish, or cause to be furnished promptly, to the CRA and the City of Cambridge, copies of all above mentioned insurance policies, and evidence, reasonable satisfactory to the CRA and the City of Cambridge, that the aforesaid insurance is being maintained. (e) The Grantor covenants and agrees to maintain, or cause to be maintained, the Center Plaza Open Space Area and all improvements thereon (including, without limitation, any landscaping) in an attractive, good, clean and sanitary condition, free of debris, and all pedestrian paths and passageways located on the Center Plaza Open Space Area as well as those paths and passageways providing public access to and from the Center Plaza Open Space Area shall be maintained sufficiently free of snow and ice to provide adequate and safe pedestrian access in accordance with City of Cambridge Department of Public Works' guidelines or direction. This Covenant shall terminate automatically without the requirement of the execution or recordation of any further instrument of termination fifty (50) years from the date hereof.

Subject to the provisions of paragraphs (f) and (i), this Covenant may not be (g) amended, modified or terminated except by a majority vote of the City Council of the City of Cambridge and with the approval of the Grantor, its successors-in-title and assigns. The rights and obligations of the Grantor hereunder (including, without limitation, the right to adopt rules and regulations pursuant to the terms thereof) shall be appurtenant to and a burden upon the Center Plaza Open Space Area and shall run to the benefit of, and be enforceable by, the City of Cambridge,and by Eversource, but only to the extent of the limited benefits granted to Eversource described herein. Notwithstanding anything contained herein to the contrary, Eversource's use of the Center Plaza Open Space Area from time to time as necessary and only for so long as necessary for the limited purposes of constructing, operating and maintaining the Substation (including, without limitation, any improvements owned by Eversource on the Center Plaza Open Space Area) shall not be deemed to frustrate the requirements of the Zoning Ordinance that the Center Plaza Open Space Area be open and available to the community use of the residents, lessees and visitors to the MXD District for reasonable amounts of time on a regular basis; provided, however, that any temporary restrictions placed on access to the Center Plaza Open Space Area in connection with any such necessary construction, operations and maintenance shall be consistent with prudent utility practices in light of the nature of the work being done by Eversource within the Substation that requires such temporary access restrictions.

IN WITNESS WHEREOF, the undersigned has caused this Covenant to be duly executed, under seal, on the day and year first above written. CAMBRIDGE CENTER NORTH TRUST David C. Provost, as Trustee of Cambridge Center North Trust for himself and his fellow Trustee but not individually COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. personally appeared David C. Provost, proved tomeru gh satisfactory eatence of _ to be the person whose name is signed on the preceding document and acknowledged to me that (he)(she) signed it voluntarily for its stated purpose, as Trustee of Cambridge Center North Trust for himself and his fellow Trustee but not individually. _(official signature and seal of notary) My commission expires:

EXHIBIT H Termination of Broadway Covenant TERMINATION OF OPEN SPACE RESTRICTION COVENANT (SOUTH PARK) THIS TERMINATION OF OPEN SPACE RESTRICTION COVENANT (the "Termination") is made as of the _, 2022 by BRYAN J. KOOP AND _day of DAVID C. PROVOST, AS TRUSTEES OF CAMBRIDGE CENTER NORTH TRUST under Declaration of Trust dated August 17, 1988 and recorded with the Middlesex South District Registry of Deeds (the "Registry") in Book 19383, Page 203, as amended ("CC North Trust"), Trust"), BRYAN J. KOOP AND DAVID C. PROVOST, AS TRUSTEES OF TEN CAMBRIDGE CENTER TRUST under Declaration of Trust dated March 9, 1988 and recorded with the Registry in Book 18921, Page 233, as amended ("1OCC Trust") and MORTIMER B. ZUCKERMAN, MICHAEL A. CANTALUPA AND BRYAN J. KOOP, AS TRUSTEES OF ELEVEN CAMBRIDGE CENTER TRUST under Declaration of Trust dated April 15, 1983 and recorded with the Registry in Book 15014, Page 396, as amended ("11CC Trust"). RECITALS WHEREAS, reference is made to that certain Open Space Restriction Covenant dated as of March 19, 1990 (the "Covenant") granted by CC North Trust, 10CC Trust and 11CC Trust and recorded with the Registry in Book 20443, Page 165. WHEREAS, CC North Trust was the owner in fee of a certain parcel of land shown as Tract IV on a plan entitled "Parcel 2 Plan of Land in Cambridge, MA, prepared for Boston Properties", prepared by Allen Demurjian & Major and dated March 22, 1990 (the "1990 Subdivision Plan"), which 1990 Subdivision Plan was recorded with the Registry as Plan No. 253 of 1990 in Book 20443, Page 119. WHEREAS, CC North Trust is the owner in fee of that portion of Tract IV now constituting Tract X as shown on that certain plan entitled "Subdivision/Consolidation Plan in Cambridge Massachusetts" prepared by Vanasse Hangen Brustlin, Inc. and dated April 11, 2017 (the "2017 Subdivision Plan"), which 2017 Subdivision Plan was recorded with the Registry as Plan No. 509 of 2017. WHEREAS, 10CC Trust is the owner of in fee of a certain parcel of land shown as Tract III of the 1990 Subdivision Plan. WHEREAS, 11CC Trust is the owner in fee of a certain parcel of land shown as Tract XI on the 2017 Subdivision Plan (which Tract XI includes that certain parcel of land shown as Tract II on the 1990 Subdivision Plan).

WHEREAS, included in Tracts III, X and XI is an area containing 13,970 square feet, ntitled "Master Easement Plan in Cambridge, MA miled lester ch semen man ine open fe, eRa prepared Posesto roarie near through 12, prepared by Allen Demurjian Major & Nitsch and dated November 7, 1988 and finally revised April 5, 1989 (the "Easement Plan"), which Easement Plan was recorded with the Registry as Plan No. 253 of 1990 in Book 20443, Page 1. WHEREAS, capitalized terms used herein and not otherwise defined have the meaning set forth in the Covenant. WHEREAS, CC North Trust, 10CC Trust and 11CC Trust now desire to terminate the Covenant. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration in hand this date paid by each of the parties to the other, the receipt and sufficiency of which are hereby severally acknowledged, and in further consideration of the mutual promises herein contained, the parties hereby agree to and with each other as follows: 1. The Covenant is hereby terminated, released in its entirety and is null and void and of no further force or effect. [signatures appear on next page]

WITNESS the execution hereof under seal as of the day and year first written above. CAMBRIDGE CENTER NORTH TRUST By:_ Bryan J. Koop, for himself and his fellow Trustee, but not individually TEN CAMBRIDGE CENTER TRUST By: Bryan J. Koop, for himself and his fellow Trustee, but not individually ELEVEN CAMBRIDGE CENTER TRUST By: Bryan J. Koop, for himself and his fellow Trustees, but not individually Agreed to and accepted: CITY OF CAMBRIDGE By: Name: Title:

COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF SUFFOLK ) , 2022, before me, the undersigned notary public, personally appeared Bryan J. Koop, proved to me through satisfactory evidence of identification, which , to be the person whose name is signed on the preceding and acknowledged to me that he signed it voluntarily for its stated purpose as Trustee of Cambridge Center North Trust, Ten Cambridge Center Trust and Eleven Cambridge Center Trust but not individually. (official signature and seal of notary) My commission expires: COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX _day of _ 2022, betore me, the undersigned notary public, personally →, proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding and acknowledged to me that he/she signed it voluntarily for its stated purpose as the City of Cambridge. _(official signature and seal of notary) My commission expires:

EXHIBITI Termination of Binney Covenant TERMINATION OF OPEN SPACE RESTRICTION COVENANT (NORTH PARK) THIS TERMINATION OF OPEN SPACE RESTRICTION COVENANT (the "Termination" is made as of the day of , 2022 by MORTIMER B. ZUCKERMAN, MICHAEL A. CANTALUPA AND BRYAN J. KOOP, AS TRUSTEES OF ELEVEN CAMBRIDGE CENTER TRUST under Declaration of Trust dated April 15, 1983 and recorded with the Middlesex South District Registry of Deeds (the "Registry") in Book 15014, Page 396, as amended (the "Trust"). RECITALS WHEREAS, reference is made to that certain Open Space Restriction Covenant dated as of March 19, 1990 (the "Covenant") granted by David Barrett, Edward H. Linde and Mortimer B. Zuckerman, as Trustees of Cambridge Center North Trust ("CC North Trust") and recorded with the Registry in Book 20443, Page 171. WHEREAS, CC North Trust was the owner in fee of a certain parcel of land shown as Tract IV on a plan entitled "Parcel 2 Plan of Land in Cambridge, MA, prepared for Boston Properties", prepared by Allen Demurjian & Major and dated March 22, 1990 (the "1990 Subdivision Plan"), which 1990 Subdivision Plan was recorded with the Registry as Plan No. 253 of 1990 in Book 20443, Page 119. WHEREAS, the Trust is the successor-in-title to CC North Trust to that portion of Tract IV now constituting a portion of Tract XI as shown on that certain plan entitled "Subdivision/Consolidation Plan in Cambridge Massachusetts" prepared by Vanasse Hangen Brustlin, Inc. and dated April 11, 2017 (the "2017 Subdivision Plan"), which 2017 Subdivision Plan was recorded with the Registry as Plan No. 509 of 2017. WHEREAS, included in Tract XI is an area containing 7,815 square feet, more or less, which is shown as the "Open Space Easement" on sheet 11 of that certain plan entitled "Master Easement Plan in Cambridge, MA, prepared for Boston Properties", Sheets 1 through 12, prepared by Allen Demurjian Major & Nitsch and dated November 7, 1988 and finally revised April 5, 1989 (the "Easement Plan"), which Easement Plan was recorded with the Registry as Plan No. 253 of 1990 in Book 20443, Page 1. WHEREAS, capitalized terms used herein and not otherwise defined have the meaning set forth in the Covenant. WHEREAS, the Trust now desires to terminate the Covenant.

NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration in hand this date paid by each of the parties to the other, the receipt an ufficiency of which are hereby severally acknowledged, and in further consideration of th mutual promises herein contained, the parties hereby agree to and with each other as follows: 1. The Covenant is hereby terminated, released in its entirety and is null and void and of no further force or effect. WITNESS the execution hereof under seal as of the day and year first written above. ELEVEN CAMBRIDGE CENTER TRUST By: Bryan J. Koop, for himself and his fellow Trustees, but not individually Agreed to and accepted: CITY OF CAMBRIDGE By: Name: Title:

COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF SUFFOLK On this _ 2022, before me, the undersigned notary public, personally appeared Bryan J. Koop, proved to me through satistactory evidence of identitication, which , to be the person whose name is signed on the preceding an were icknowledged to me that he signed it voluntarily for its stated purpose as Trustee of Eleve Cambridge Center Trust but not individually. (official signature and seal of notary) My commission expires: COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX On this_ _, 2022, before me, the undersigned notary public, personally _ day of , proved to me through satisfactory evidence of identification, appeared of acknowledged to me that he/she signet it person aho for astil si pred on the preceding and the City of Cambridge. (official signature and seal of notary) My commission expires:_

EXHIBIT J Open Space Comparison Plan OPEN SPACE COVENANT OPEN SPACE COMPARISON PROPOSED CONDITIONS EXISTING CONDITIONS Connardsl Buiding C Brey sen Galleo Gallei Way Calio Gatter Way PHASE 1 commercial Bullding A Commertal Bullding B rosionia Buding Souu Opon Space Coverant with bxp 112670 357 (Parcel 2) Commerdal Bullding D (Parcel 4) (Parcel 2) Trachot Bourdar Birenay Park Ine Numbe Daniel Lown Park • Phase Il Enhanced 05 Phase | Open Space | Phase Il Open Space Phase Koompos find wa, 3W Wost Phase IV Open Space 4 807 SE 3C Central main UDon Space Covenan Ar Proposed Placo 26 455 SF my Par 781550 SASAKI -1T01 OPEN SPACE

EXHIBIT K Tract IVA Open Space Covenant [see attached]

BK 28297 P6 339 OPEN SPACE RESTRICTION COVENANT (TRACT IVA) This COVENANT, made effective as of this 11th day of March, 1998, by BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, having its office c/o Boston Properties, Inc., 8 Arlington Street, Boston, Massachusetts 02116 (the "Grantor"). The following are facts relevant to the execution of this Covenant: A. The Grantor is the owner in fee of a parcel of land in Cambridge, Massachusetts, containing 30,958 square feet, more or less 277 ("Tract IVA"), which is shown as "Tract IVA" on a plan entitled "Property Line Plan, Tract IVA & IVB of Parcel 3, Cambridge, MA," prepared by Allen & Major Associates, Inc., and dated January 9, 1998 (the "Property Line Plan"), to be recorded with the Middlesex South District Registry of Deeds concurrently herewith, and also shown as "Tract IVA" on a plan 28297 entitled "Master Easement Plan, Tract IVA & IVB of Parcel 3, Cambridge, MA," sheets E-1 through E-2, prepared by Allen & Major Associates, Inc. 1998 (the "Easement Plan"), to be recorded and dated January 9, concurrently herewith with said deeds and a print of said Easement Plan is attached as an Exhibit to an original counterpart of the Easement Agreement (hereinafter defined) to be filed with the Middlesex South Registry District of the Land Court concurrently herewith. The Grantor IAN intends to improve Tract IVA by constructing thereon a nine (9) story SEE PLAN IN REC office building (the "Building"). Contained within Tract IVA is a parcel of land containing B. 11.00 4,955 square feet, more or less, which is shown as the "Tract IVA Public Open Space Easement Area" on sheet E-2 of the Easement Plan (the 995 "Tract IVA Open Space Area"). PASE 276 Pursuant to the provisions of Article II, Paragraph 4A of that certain Parcel 3 Easement Agreement (Master Utility and Access Basements) dated as of October 29, 1997 by and between the Grantor and 28297 the Cambridge Redevelopment Authority (the "CRA") recorded with said •3* Deeds on November 4, 1997 as Instrument No. 155 and filed with said CORD BOOK Registry on November 4, 1997 as Document No. 1045790, as amended by First Amendment to Parcel 3 Easement Agreement of even date herewith to be concurrently recorded with said Deeds and filed with said Registry (hereinafter, as so amended, the "Easement Agreement"), Grantor has MSD 03/12/98 03:44:45 BOS-BUSN:503653.3 PIAN

BK 28297 P6 340 -2- space for the benefit of the general public and to use the Tract IVA Open Space Area for the purpose of installing and maintaining grass, walkways, shrubs and other forms of landscaping and public amenities. Dedication of the Tract IVA Open Space Area to such public benefit comports with the requirements of Section 14.42 of the Zoning Ordinance for the City of Cambridge (the "Zoning Ordinance"), which requires that a minimum of 100,000 square feet within the Cambridge Center Mixed Use Development District (the "MXD District") which is contained within the "Kendall Square Urban Renewal Project" established by the CRA pursuant to Urban Renewal Plan dated August 30, 1965, as amended by Revised Amendment No. 1, dated October, 1977, as further amended by Amendment No. 2, dated May 19, 1981 and as further amended by Amendment No. 3, dated June 11, 1993, and as further amended by Amendment No. 4, approved by the CRA on April 15, 1997, be reserved or dedicated as public open space. The restrictions on the Tract IVA Open Space Area hereby imposed by the Grantor are intended to satisfy, in part, the aforesaid public open space requirement of the Zoning Ordinance. NOW THEREFORE, the Grantor, hereby imposes the following restrictions on the Tract IVA Open Space Area, and assumes the following obligations in connection therewith: (a) The Tract IVA Open Space Area shall be used only: (1) to provide light and air to the surrounding buildings and improvements; (2) for scenic, recreational, or similar purposes; (3) for subsurface utility services (including, without limitation, gas, electric, telephone and cable), water service and stormwater drainage; (4) for pedestrian ingress and to ice arom the Bater d egress to and from the Building and other improvements that may be constructed from time to time on Tract III and Parcel B shown on the Property Line Plan; and (5) for such other purposes as are specified in the Easement Agreement. The Tract IVA Open Space Area shall be open and shapecifed in available to the community use of residents and lessees of, and visitors to, the MD District, seven days a week, during the period commencing one hour after sunrise and ending one hour before sunset; provided that Grantor may (i) after fifteen (15) days' prior written notice to the City Manager of the City of Cambridge, or his successor or designee, adopt reasonable rules and regulations for purposes of safety and security to persons and property, with respect to the use and operation of the Tract IVA Open Space Area, which rules and regulations may, inter alia, modify the days and hours during which the Tract IVA Open Space Area shall be open and available for community use as aforesaid; and (ii) adopt such additional rules and regulations as may be approved by said City Manager, or his successor designee, which approval shall not be BOS-BUSN:503653.3

8K 28297P6341 -3- unreasonably withheld or delayed. The notice to said City Manager hereinabove required must set forth the proposed rules and regulations, a brief explanation of the reason for such rules and regulations, the proposed etfective date of such rules and regulations and an offer to meet with said City Manager, or his successor or designee, at least ten (10) days prior to the implementation of such proposed rules and regulations. IVA Open Space Area be open and available to the community use of the residents, lessees and visitors to the MD District for reasonable amounts of time on a regular basis. (c) The aforesaid restriction regarding the use and enjoyment of the Tract IVA Open Space Area shall be a burden on Tract IVA, and shall run to the benefit of, and shall be enforceable by, the City of Cambridge. The Tract IVA Open Space Area shall be subject to and burdened by the "Access and Utility Easement #ZA", as defined in the Easement Agreement. The Grantor covenants and agrees to keep in effect, or cause (d) to be kept in effect, at all times, general liability insurance naming the City of Cambridge and the CRA as parties insured, with limits of not less than $1,000,000/$5,000,000 against claims for injury to or death of one or more than one person, not less than $500,000 for property damage and not less than $50,000 for medical payments (or such greater limits as said City Manager, or his successor or designee, or the CRA, or its successor public body, may reasonably request from time to time) due to alleged incidents occurring on or about the Tract IVA Open Space Area or the other areas to be open and available for community use pursuant to the terms hereof. Upon request therefor, the Grantor shall promptly furnish, or cause to be furnished promptly, to the CRA and the City of Cambridge evidence, reasonably satisfactory to the CRA and the City of Cambridge, that the aforesaid insurance is being maintained. The Grantor covenants and agrees to maintain, or cause to be maintained, the Tract IVA Open Space Area and all improvements thereto (including, without limitation, landscaping) in an attractive, good, clean and sanitary condition, free of debris, and all pedestrian paths and passageways located on the Tract IVA Open Space Area shall be maintained sufficiently free of snow and ice to provide adequate and safe pedestrian access. 4 (f) This Covenant shall terminate automatically without the requirement of the execution or recordation of any further instrument of BOS-BUSN:503653.3

฿K 28297 6 342 -4- termination, upon the earlier of (i) the date on which the Building improvements to be constructed upon Tract IVA, or any substantial part thereof, no longer exist by reason of casualty or taking; or (ii) forty (40) years from the date hereof. (g) Subject to the provisions of the preceding paragraph (f), this Covenant may not be amended, modified or terminated except by a majority vote of the City Council of the City of Cambridge and with the approval of the Grantor, its successors-in-title and assigns. (h) The rights and obligations of the Grantor hereunder including, without limitation, the right to adopt rules and regulation. ursuant to the terms hereof shall be appurtenant to and a burden upon the Tract IVA Open Space Area and Tract IVA and shall run to the benefit of, and be enforceable by, the City of Cambridge. IN WITNESS WHEREOF, the undersigned has caused this Covenant to be duly executed, under seal, on the day and year first above written. BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its sole general partner Title: Vice President BOS-BUSN: 503653.3

BK2829786343 -5- COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. March 12, 1998 Then personally appeared the above-named Michael A. Cantalupa, • Vice President of Boston Properties, Inc., the general partner of Bostor and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of said corporation and limited partnership, before me, (2r7 NOTARY PUBLIC My Commission Expires: JAMES L. BLACK, JR. NOTARY PUBLIC My Commission Expires July 13, 2001 . BOS-BUSN:503653.3

EXHIBIT L Tract IVB Open Space Covenant [see attached]

BK 28297 P6 344 OPEN SPACE RESTRICTION COVENANT (TRACT IVB) This COVENANT, made effective as of this 11th day of March, 1998, by BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, having its office c/o Boston Properties, Inc., 8 Arlington Street, Boston, Massachusetts 02116 (the "Grantor"). 11.00 The following are facts relevant to the execution of this Covenant: ....- 996 The Grantor is the owner in fee of a parcel of land in A. Cambridge, Massachusetts, containing 5,297 square feet, more or less ("Tract IVB"), which is shown as "Tract IVB" on a plan entitled "Property Line Plan, Tract IVA & IVB of Parcel 3, Cambridge, MA," prepared by Allen & Major Associates, Inc., and dated January 9, 1998 (the "Property Line Plan"), to be recorded with the Middlesex South District Registry of PARE CENTER Deeds concurrently herewith, and also shown as "Tract IVB" on a plan entitled "Master Easement Plan, Tract IVA & IVB of Parcel 3, Cambridge, 03/12/98 03:44:46 MA," sheets E-1 through E-2, prepared by Allen & Major Associates, Inc. and dated January • 9, 1998 (the "Easement Plan"), to be recorded 28297 MSD concurrently herewith with said deeds and a print of said Easement Plan is attached as an Exhibit to an original counterpart of the Easement Agreement (hereinafter defined) to be filed with the Middlesex South Registry District of the Land Court concurrently herewith. Contained within Tract IVB is a parcel of land containing B. RIGHT CAMBRIDGE 4,807 square feet, more or less, which is shown as the "Tract IVB Public SEE PLAN IN RECORD BOO Open Space Easement Area" on sheet E-2 of the Easement Plan (the "Tract IVB Open Space Area"). Pursuant to the provisions of Article II, Paragraph 4B of that certain Parcel 3 Easement Agreement (Master Utility and Access Easements) dated as of October 29, 1997 by and between the Grantor and *+7 EP804 che Cambridge Redevelopment Authority (the 27840-21 Deeds on November 4, 1937 as Instrument No. 15s and Filed with said Registry on November 4, 1997 as Document No. 1045790, as amended by 28297 53 02:41•97 First Amendment to Parcel 3 Easement Agreement of even date herewith to be concurrently recorded with said Deeds and filed with said Registry (hereinafter, as so amended, the "Easement Agreement"), Grantor has 8: 1. agreed to dedicate of record the Tract IVB Open Space Area as public open space for the benefit of the general public and to use the Tract IVB Open SEEPLATIN RCOROBOOK BOS-BUSN:505178.2 P/AN'

BK 28297 345 -2- Space Area for the purpose of installing and maintaining grass, walkways, shrubs and other forms of landscaping and public amenities. D. Dedication of the Tract IVB Open Space Area to such public benefit comports with the requirements of Section 14.42 of the Zoning Ordinance for the City of Cambridge (the "Zoning Ordinance"), which requires that a minimum of 100,000 square feet within the Cambridge Center Mixed Use Development District (the "MXD District") which is contained within the "Kendall Square Urban Renewal Project" established by the CRA pursuant to Urban Renewal Plan dated August 30, 1965, as amended by Revised Amendment No. 1, dated October, 1977, as further as further amended by Amendment No. 2, dated May 19, 1981 and amended by Amendment No. 3, dated June 11, 1993, and as further amended by Amendment No. 4, approved by the CRA on April 15, 1997, be reserved or dedicated as public open space. The restrictions on the Tract IVB Open Space Area hereby imposed by the Grantor are intended to satisfy, in part, the aforesaid public open space requirement of the Zoning Ordinance. NOW THEREFORE, the Grantor, hereby imposes the following restrictions on the Tract IVB Open Space Area, and assumes the following obligations in connection therewith: (a) The Tract IVB Open Space Area shall be used only: (1) to provide light and air to the surrounding buildings and improvements; (2) for scenic, recreational, or similar purposes; (3) for subsurface utility services (including, without limitation, gas, electric, telephone and cable), water service and stormwater drainage; (4) for pedestrian ingress and egress to and from the improvements on Tract IVB and the other improvements that may be constructed from time to time on Tract III, Tract IVA and Parcel B shown on the Property Line Plan; and (5) for such other purposes as are specified in the Easement Agreement. The Tract IVB Open Space Area shall be open and available to the community use of residents and lessees of, and visitors to, the MXD District, seven days a week, during the period commencing one hour after sunrise and ending one hour before sunset; provided that Grantor may (i) after fifteen (15) days' prior written notice to the City Manager of the City of Cambridge, or his successor or designee, adopt reasonable rules and regulations for purposes of safety and security to persons and property, with respect to the use and operation of the Tract IVB Open Space Area, which rules and regulations may, inter alia, modify the days and hours during which the Tract IVB Open Space Area shall be open and available for community use as aforesaid; and (ii) adopt such additional rules and regulations as may be approved by said City Manager, or his successor designee, which approval shall not be unreasonably withheld or delayed. The notice to BOS-BUSN:505178.2

BK 28297P6 346 -3- said City Manager hereinabove required must set forth the proposed rules and regulations, a brief explanation of the reason for such rules and regulations, the proposed effective date of such rules and regulations and an offer to meet with said City Manager, or his successor or designee, at least ten (10) days prior to the implementation of such proposed rules and regulations. No such rules and regulations shall be valid if they are at variance with the requirements of the Zoning Ordinance that the Tract IVB Open Space Area be open and available to the community use of the residents, lessees and visitors to the MD District for reasonable amounts of time on a regular basis. (C) The aforesaid restriction regarding the use and enjoyment of the Tract IVB Open Space Area shall be a burden on Tract IVB, and shall run to the benefit of, and shall be enforceable by, the City of Cambridge. The Tract IVB Open Space Area shall be subject to and burdened by the "Tract IVA & IVB Telephone, Electric and Cable Easement" and the "Access and Utility Easement #2B", each as defined in the Easement Agreement. (d) The Grantor covenants and agrees to keep in effect, or cause to be kept in effect, at all times, general liability insurance naming the City of Cambridge and the CRA as parties insured, with limits of not less than $1,000,000/$5,000,000 against claims for injury to or death of one or more than one person, not less than $500,000 for property damage and not less than $50,000 for medical payments (or such greater limits as said City Manager, or his successor or designee, or the CRA, or its successor public body, may reasonably request from time to time) due to alleged incidents occurring on or about the Tract IVB Open Space Area or the other areas to be open and available for community use pursuant to the terms hereof. Upon request therefor, the Grantor shall promptly furnish, or cause to be furnished promptly, to the CRA and the City of Cambridge evidence, reasonably satisfactory to the CRA and the City of Cambridge, that the aforesaid insurance is being maintained. (e) The Grantor covenants and agrees to maintain, or cause to be maintained, the Tract IVB Open Space Area and all improvements thereto (including, without limitation, landscaping) in an attractive, good, clean and sanitary condition, free of debris, and all pedestrian paths and passageways located on the Tract IVB Open Space Area shall be maintained sufficiently free of snow and ice to provide adequate and safe pedestrian access. BOS-BUSN:505178.2

вк 28297 p6 347 -4- (f) This Covenant shall terminate automatically without the requirement of the execution or recordation of any further instrument of termination, upon the earlier of (i) the date on which the improvements te be constructed upon Tract IVB, or any substantial part thereof, no longer exist by reason of casualty or taking; or (ii) forty (40) years from the date hereof. Subject to the provisions of the preceding paragraph (f), this Covenant may not be amended, modified or terminated except by a majority vote of the City Council of the City of Cambridge and with the approval of the Grantor, its successors-in-title and assigns. (h) The rights and obligations of the Grantor hereunder (including, without limitation, the right to adopt rules and regulations pursuant to the terms hereof) shall be appurtenant to and a burden upon the Tract IVB Open Space Area and Tract IVB and shall run to the benefit of, and be enforceable by, the City of Cambridge. IN WITNESS WHEREOF, the undersigned has caused this Covenant to be duly executed, under seal, on the day and year first above written. BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its sole general aartner Name: Michael A. Cantalupa Title: Vice President BOS-BUSN:505178.2

8K 28297P6 348 -5- COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. March 12, 1998 Then personally appeared the above-named Michael A. Cantalupa, a Vice President of Boston Properties, Inc., the general partner of Boston Properties Limited Partnership, and acknowledged the foregoing instrument to be his free act and deed and the free act and deed of said corporation and limited partnership, before me, - 201 OTARY PUBLIC My Commission Expires: JAMES L. BLACK, JR. NOTARY PUBLIC My Commission Expires July 13, 2001 BOS-BUSN:505178.2

EXHIBIT M Modification of Tract IVA Open Space Covenant MODIFICATION OF TRACT IVA OPEN SPACE RESTRICTION COVENANT THIS MODIFICATION OF TRACT IVA OPEN SPACE RESTRICTION COVENANT day of (the "Modification") is made as of the - 2022 by BUSION PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership having an address in care of Boston Properties, Inc., 800 Boylston Street, Suite 1900, Boston, Massachusetts 02199 (the "Grantor"). RECITALS Reference is made to that certain Open Space Restriction Covenant (Tract IVA) dated as of March 11, 1998 (the "Covenant") granted by the Grantor and recorded with the Middlesex South District Registry of Deeds (the "Registry") in Book 28297, Page 339. The Grantor is the owner in fee of the parcel of land in Cambridge, Massachusetts shown as "Tract IVA" on a plan entitled "Master Easement Plan, Tract IVA & Tract IVB of Parcel 3, Cambridge, MA", sheets E-1 through E-2, prepared by Allen & Major Associates, Inc. and dated January 9, 1998 (the "Easement Plan"), which Easement Plan was recorded with the Registry as Plan No. 263 of 1998 in Book 28297, Page 277. Contained within Tract IVA is a parcel of land containing 4,955 square feet, more or less, which is shown as the "Tract IVA Public Open Space Easement Area" on sheet E-2 of the Easement Plan. Pursuant to Section (f) of the Covenant, the Covenant automatically terminates upon the earlier to occur of (i) the date on which the Building improvements to be constructed upon Tract IVA, or any substantial part thereof, no longer exist by reason of casualty or taking; or (ii) forty (40) years from the date of the Covenant (March 10, 2038). WHEREAS, the Grantor desires to extend the forty (40) year period referenced in said Section (f) of the Covenant. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration in hand this date paid by each of the parties to the other, the receipt and sufficiency of which are hereby severally acknowledged, and in further consideration of the mutual promises herein contained, the parties hereby agree to and with each other as follows:

1. Section (f) of the Covenant is hereby amended by deleting the words and numerals "forty (40)" in clause (ii) thereof and substituting the words and numerals "eighty-three (83) (being March 10, 2081)" therefor. Except as herein modified, the Covenant shall remain unmodified and in full force and 2. effect. All references to the "Covenant" shall be deemed to be references to the Covenant as modified hereby. WITNESS the execution hereof under seal as of the day and year first written above. BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: Name: Title: Agreed to and accepted: CITY OF CAMBRIDGE By: Name: Title:

COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF SUFFOLK On this day of , 2022, before me, the undersigned notary public, personally → proved to me through satisfactory evidence of identification, appeared which were , to be the person whose name is signed on the preceding and acknowledged to me that he signed it voluntarily for its stated purpose as Senior Vice President of Boston Properties, Inc., the general partner of Boston Properties Limited Partnership. (official signature and seal of notary) My commission expires: COMMON WEALTH OF MASSACHUSETTS ) ) COUNTY OF MIDDLESEX ) On this _day of , 2022, before me, the undersigned notary public, personally → proved to me through satisfactory evidence of identification, appeared which were _, to be the person whose name is signed on the preceding and of acknowledged to me that he/she signed it voluntarily for its stated purpose as the City of Cambridge. _(official signature and seal of notary) My commission expires:

EXHIBIT N Modification of Tract IVB Open Space Covenant MODIFICATION OF TRACTIVB OPEN SPACE RESTRICTION COVENANT THIS MODIFICATION OF TRACT IVB OPEN SPACE RESTRICTION COVENANT (the "Modification") is made as of the _ 2022 by BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership having an address in care of Boston Properties, Inc., 800 Boylston Street, Suite 1900, Boston, Massachusetts 02199 (the "Grantor"). RECITALS Reference is made to that certain Open Space Restriction Covenant (Tract IVB) dated as of March 11, 1998 (the "Covenant") granted by the Grantor and recorded with the Middlesex South District Registry of Deeds (the "Registry") in Book 28297, Page 344. The Grantor is the owner in fee of the parcel of land in Cambridge, Massachusetts shown as "Tract IVB" on a plan entitled "Master Easement Plan, Tract IVA & Tract IVB of Parcel 3, Cambridge, MA", sheets E-1 through E-2, prepared by Allen & Major Associates, Inc. and dated January 9, 1998 (the "Easement Plan"'), which Easement Plan was recorded with the Registry as Plan No. 263 of 1998 in Book 28297, Page 277. Contained within Tract IVB is a parcel of land containing 4,807 square feet, more or less, which is shown as the "Tract IVB Public Open Space Easement Area" on sheet E-2 of the Easement Plan. Pursuant to Section (f) of the Covenant, the Covenant automatically terminates upon the earlier to occur of (i) the date on which the Building improvements to be constructed upon Tract IVB, or any substantial part thereof, no longer exist by reason of casualty or taking; or (ii) forty (40) years from the date of the Covenant (March 10, 2038). WHEREAS, the Grantor desires to extend the forty (40) year period referenced in said Section (f) of the Covenant. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration in hand this date paid by each of the parties to the other, the receipt and sufficiency of which are hereby severally acknowledged, and in further consideration of the mutual promises herein contained, the parties hereby agree to and with each other as follows: Section (f) of the Covenant is hereby amended by deleting the words and numerals "forty (40)" in clause (ii) thereof and substituting the words and numerals "eighty-three (83) (being March 10, 2081)" therefor.

Except as herein modified, the Covenant shall remain unmodified and in full force and effect. All references to the "Covenant" shall be deemed to be references to the Covenant as modified hereby. WITNESS the execution hereof under seal as of the day and year first written above. BOSTON PROPERTIES LIMITED PARTNERSHIP By: Boston Properties, Inc., its general partner By: Name: Title: Agreed to and accepted: CITY OF CAMBRIDGE By: Name: Title:

COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF SUFFOLK On this day of , 2022, before me, the undersigned notary public, personally , proved to me through satisfactory evidence of identification, appeared which were _ to be the person whose name is signed on the preceding and acknowledged to me that he signed it voluntarily tor its stated purpose as Senior Vice President of Boston Properties, Inc., the general partner of Boston Properties Limited Partnership. (official signature and seal of notary) My commission expires: COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX On this _ 2022, before me, the undersigned notary public, personally _, proved to me through satisfactory evidence of identification, , to be the person whose name is signed on the preceding and acknowledged to me that he/she signed it voluntarily for its stated purpose as _(official signature and seal of notary) My commission expires: