A communication transmitted from Louis A. DePasquale, City Manager, requesting approval of 1) a disposition order permitting the City of Cambridge (the “City”) to lease the Harvard Square Kiosk to the Tenant currently occupying the premises on a short term basis for a period of three months with three three-month extension options to be offered in the sole discretion of the City Manager; and 2) an order approving a diminution of the requirements of Section 2.110.010 of the Municipal Code to relieve the City of the requirements of that section

City of Cambridge Agenda Item Number 1A IN CITY COUNCIL January 14, 2019 WHEREAS: WHEREAS: The City of Cambridge (the “City”) is the owner of the structure known as the Harvard Square Kiosk located at Zero Harvard Square, in Cambridge, Massachusetts, which is a one-story structure containing four hundred fifty-one (451) square feet of rentable space and is located proximate to the northerly end of the main Massachusetts Bay Transit Authority Red Line subway entrance in Harvard Square (the “Kiosk”); and By an Order dated November 17, 2008, the City Council approved and authorized the City Manager to enter into a lease with a successful bidder to use the Kiosk as a newsstand and for the possible distribution of public information-related materials for an initial term of five years with a renewal option for an additional five year term, on such conditions and terms the City Manager deems necessary and appropriate; and WHEREAS: Muckeys Corporation (“Muckeys” or the “Tenant”) as Tenant has leased the Kiosk from the City as Landlord (the “Lease”) for an initial term commencing on February 1, 2009 and expiring at midnight on January 31, 2014 (the “Initial Term”), which was then extended by four successive amendments to January 31, 2015, January 31, 2016, January 31, 2017, and finally January 31, 2019 which is the termination date of the Lease as amended; and WHEREAS: The Lease is set to expire with no further possibility of renewal without prior approval from the City Council on January 31, 2019; and WHEREAS: WHEREAS: WHEREAS: ORDERED: The Tenant has notified the City that it would accept an offer from the City to extend the Lease beyond January 31, 2019; and The City is currently involved in preparations to begin work on improvements to the Kiosk, but such work may not commence until mid-2019; and It is in the best interest of residents and businesses in Harvard Square that the Kiosk not remain vacant for any period of time between the termination of the Lease and the date that construction work on the Kiosk commences; now therefore be it That the City Council, pursuant to Section 2.110.010 of the Cambridge Municipal Code, hereby authorize the City Manager on behalf of the City to dispose of a leasehold interest in the Kiosk by offering same to Muckeys Corporation as Tenant on a short-term basis which shall not exceed one year in duration, and on such conditions and terms the City Manager deems necessary and appropriate.