HomeMy WebLinkAbout0575 MAIN STREET (HYANNIS) S4,
i
�I
�i
INISM A®�
No. 10339
smead.com • Made in USA
$HOST-cONSJ��
. . Town of Barnstable Building
�LW�
This,GardSafiThat rt is Vis�blefrom the treet-Appra�edPlansMusLbeRetamed`or►Job and thisT rd ust=beeKept
'!' S d-Llnt�lFinal lnspection$Hasy6een Made: g > Permit
a' `rtifilate of:Oecu an '�s.lte aired uc Bu l in shall Nofi be 0ecu led until a Final Ins ection has:.bee: made.
Permit No. B-17-914 Applicant Name: SHORE,CARYLYN ATR Approvals `y
Datelssued: 06/23/2017 Current Use: Structure
Permit Type: Building-Sign Expiration Date: 12/23/2017 Foundation:
Location: 575 MAIN STREET(HYANNIS),HYANNIS Map/Lot 308-111 00B Zoning District: Sheathing:
Owner on Record: SHORE,CARYLYN ATR ( Y Contract0 a Framing: 1
Address: 1418 COMMONWEALTH AVE � � t
�3ontractoraUcense 2
WEST NEWTON, MA 02165. n3 fst Project Cost: $0.00 Chimney:
Description: one sign for Ricciardelli's 8.7 sq ft Permit fee: $50.00
Insulation:
Project Review Req: one sign for Ricciardelli's 8.7 sq ft Fee Paid: $50.00
D"ate 6/23/2017 Final:
NE
Plumbing/Gas
Rough Plumbing:
.,.._ Zoning Enforcement Officer final Plumbing:
'�.
This permit shall be deemed abandoned and invalid unless the work au 141 61,d bythis permit is commenced within six months after issuance.
i - Rough Gas:
All work authorized by this permit shall conform to the approved applicatioMand thelapproved construction documentsfor which this permit has been granted:
All construction,alterations and changes of use of any building and structures s�hall'be in compliance with the local zoning by laws and codes.
Final Gas:
This permit shall be displayed in a location clearly visible from access stree,or bad and shall be maintained open for publ nspe ton for the entire duration of the
Oft
work until the completion of the same.
g
IWAElectrical
The Certificate of Occupancy will not be issued until all applicable signs�es by tie Building and Fire Offici Is arse provided on this-Permit
Service:
Minimum of Five Call Inspections Required for All Construction Work:
1.Foundation or Footing Rou h'
.A g :
2.Sheathing Inspection
3.All Fireplaces must be inspected at the throat level before firestflue lining is installed final: 4
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction. Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth in MGL c.142A). Fire Department
Building plans are to be available on site Final:
All Permit Cards are the propertyof the APPLICANT-ISSUED RECIPIENT
r
cl 91 Eldredge:Pkwy, Orleans, MA 0265�
Town of Barnstable SU/LDi ,.
Regulatory Services G Depr
° RAWMABM Richard V.Scaly Interim Director APR 0320.17
r
° .` Building Division
Tom Perry, Building Commissioner TOwN OF
E3AP'A(SMILE
200,Main Street, Hyannis,MA 02601
www.town.ba rnstable.ma.us
Office: 508-862-4038 Fax: 5088--,790-6230
Permit#r`Building Official approvuig'
Application for Sign Permit
Applicant: t cc-i-d r-Cej�i15.h+er'c%SeS L L L Assessors No.
Doing Business As: c c 1 ar�� l�' Telephone No. 'SU�C'2�1"���-Z
Sign Location
Street/Road: A vL s.Z N v�v�v- %—S G Z
—�— --r
Zoning District: Old.Kings Highway' Yeso Hyannis Historic District? Yes/No
Property Owner -,
Name:_ 5'1_5..N1Ain, 1.-L CCo. vv►Shorr-Telephone:
�0�'.3W'�
Address: 5 S A A village:. V CL , Sr
Sign Contractor
�e..,. ✓n C.. p
Name: /y c, Tele hone: 0 q-'
Maili►lg Address: y AA
t� Description
Please follow the cover directions.You nnus'"lnave ann accinrate rennditiou of sign«pith dinnensions.aiicl
locations: n
Yes/vo (Note:If yes;a;if r iitis re u&vc l)' h/
Is the sign to be elcctrifiedi?; gpe 2 U
Width of building-face��' ft.s 10-a !2 6 s.10- _ S
Check one Reface existing sign or New y Total Sq.Ft of proposed sign(s)_ n
I%y_ou hate addiliorjal signs please alla�li a sheetlisdngeacli ove stills dinleJzsiotls
If refacing an existing sign.pease provide a picture of the existing sign with dimensions.
I hereby certify that I ar n the owner or tliat.l have the authority of the owner.lo nnake dais application,
that the utformadon is correct and that the use mid construction shall co&rhi'to the provisions:of
§240.59.through§240-89 of(he Town of astable Lonung Ord nanice
Signature of Owner/Authorized Agen Dat4 3 /
SIGNS/SIGNREQU , ;revisedl,10413
� I cc
6tl ��+"e '14.• $.�'1. �+k# s, Y - �' raR�,• 't t '#�� .-�' r f
tea•.
i
k�l
et *, to m�
''" U��1Y'f'!�Ayt`'
t�
� � ? �♦ �aP'�5, '. ?• it �'�.''� 1. seF`fr. y 6. "_r♦ � I rGs '' ,� t� '. gyp( ♦♦ L ( j(�.y�'.
''ram �,'lf"� �� ���' ��, �+9A� ���� d� v� .� • } � !? �.y� � "' � ��;ye�:; ; �� �.
^L.� ' .9+ r�. •cam._ +.�+�+'�'a�3'P i��IF �..� �� � T• jp� � ��j y~• �j -.
.-3 ♦ �a may'" �J'S xxmi
10
tlk
"4.kW.
'v "Mfi%' • '�`;' y •s' '�`xit '# '*s, r�- ' y y,�'gc �A « ". M,,4l,�`
t''Jhl:.
r
10 to
AWL
*� �s,__/^rr �4b r ,�._ _ ds.-YS + .w..�-�` �3a �• _ ��' s rg.. '.�' r of
* � �� � ��. a« r ��4 �v� �•TSB �s ^� � � �'e
e�♦ -"'F _ ► ��i� F�#�� �+�j �A I _-_ i �L � rY'�� '�le ll��k.'o' ���� ��4�� '���t P ��� a
. alc i fir, •k •
�� * ,.�, gyy ��, •�T"� e'' �a VA 194 r� •'� � � w� P "x emu.. ,y* ,� �_,�•
'�N 'fie '�'. <M ` �� t � .r� `- � P� ��F 'f;���Ha - ��+7�".��. �',b�� K �� � g ' S �♦
�yy i o
� v s ya- ♦ ,.F- B v a,� it � 4 'y" j�y`��,f�r,Ik�''` �';,as - �t7 � !�
of
II �°
t
w e
r
w
ft,: .
i
: 7
S
Xv.
�';�� � � • _ � � ' s A•r-��*, , 'h_ .` tic �+ .� �yE'�
s1Y� dal°•�� � d i M ,S' k A � ,...,4.+• • �M.
} � +5. ! ����y eke � •� •
• Z .. � ' r 6 1 F • {�.. 1��.
h
e`
P �r
a
+�� , 47�{ +��. :p i�, ';., - �' '�,• ;•f _ s:. a �� -. � 'er4v w r" _ °
.. . .�Aa� �.•,�! �L�ti..a P.�,�; rii�h, �'- ;. �.' 9c,_ .F .�'i.f T r i� �i��� � � .
�f��%'pia. .� r �'"� -•A.:•�+' �ti� _ .! •* •yti ! .� •? a a
m
•s
IST
v.
; it v
to
z,
x
-
dV l'
� r
,! ' i96
�� , S�• Tvs+:
707
x�, sty.,.`a.�•" x',gyl� '-7 �� — w�• I���. - •�4.
e
J
w�...:. .w», a a '•�e�=a- -_- r
.-na.ews—sR r a a yr i ,„� • _; _. a,! •ti - �.
faCC'��aik �
s
If,
w ,
low
r �n
''�•" � � ,_ ,.,.:. .__ .,,,r. " ,.. .�'+ m'.dC°�i.�,a{'s... ,`,'_.n.a., _ ;, � •„w ,aW,-
A r
,
n�
�n
N A .
r
e
" • 9
J,
PROPOSED DOUBLE SIDED,HAND CARVED,FREE STANDING SIGN FOR 575.MAIN STREET,HYANNIS
SIGN DIMENSIONS:26'HEIGHT X 48'WIDTH,8.7 SOFT
LETTER HEIGHT:CAPS 5'.LOWER CASE 3'
LOGO 7'X Tr
MATERIALS:I'EXTIRA,
BACKGROUND:ONE SHOT BLACK PAINT
LETTERING AND PINSTRIPE EDGES ARE CARVED AND
L.000 IS CARVED:PAINTED WITH ONE SHOT PAINTS.MEDIUM GREEN AND RED
HEIGHT OF POST:12'
BRACKET IS 1/4'SCROLL WROUGHT'IRON
HANGERS ARE WROUGHT IRON AND ATTACH TO
BRACKET WITH THRU BOLTS VIA EYELETS
HANGERS WRAP UNDER SIGN 3'FOR
INCREASED SECURITY
x
L
� 11 2f
y '
O
12
g
V s 1 o s ct. YY� -e 'J(),s-4 cz/+
16 c CL- �
Nlld
Town of;Barnstable
Growth Management Department
Hyannis Main Street.Waterfront Historic District Commission •
www.town.bamstable.ma.uslhyannismainstreet
Decision-Certificate of Appropriateness -
Chris Ricciardelli.d/b/a Mcciardelift -
575 Main Street, Hyannis
The Hyannis Main Street Waterfront Historic District Commission,pursuant to the Code ofthe.Town.of
Barnstable Chapter 112,Historic Properties,Article III;Hyannis Main Street Waterfront Historic District;
hereby approves a:Certificate of Appropriateness.for the following property:
Property Address: 575 Main Street
Assessor's Map/Parcel: 308/118
The public hearing on this application was opened .on April 19,'2017i After consideration:of the testimony
given and materials submitted by the applicant and members of the public,the Commission found the proposed
business sign will appropriately contribute to:the historic character .of the Hyannis Main Street Waterfront
Historic District.The Commission considered the:design,color,size,location,and context:of.the proposed signage
and found it to be appropriate for,the protection and preservation of the.:district. Based on these findings, the
Commission voted to grant the certificate of appropriateness subject to the following conditions:
1. The application-dated April 3,`2017;;is approved as submitted for one.`26".x 48" carved wood,
free standing,hanging, double sided sign worded."RicciardelliYl—black background with white
lettering and green,white, and red. accent `To:•be mounted`on existing post with a colonial cap
suggested for top of post.
2. The Applicant shall obtain sign'permits,_from the"Building ;Division prior to display of any
signage.
Present and voting in the affirmative to;grant the certificate of.appropriateness were:.Paul S. Arnold, David
Colombo,John Alden and Taryn Thoman:
Opposed:None
Paul( .Arnold Dat
Hyannis Main Street Waterfront Historic District Commission
cc: Chris Ricciardclli;Applicant:
Building Commissioner
File
.1,Ann Quirk,Clerk of the Town ofBarnstable,Barnstable.County;Massachusetts,hereby certify,that twenty
(20)days have elapsed since the Hyannis.Main&rest Waterfront Historic District Commission filed this
decision and that no appeal of the decision-has been filed in the office of the Town Clerk.
Signed and sealed this o&20 day of/ A{�' 4,D/.under the pains and penalties of perjury.
Ann Q._uirk,Town= Jerk
- Iof 1
Town of Barnstable 11
Pi�r ✓*tea,«'. ,.n '"-; R " n
Post,This ._rd,SaTt►at it�s U's�bl-1- m'the,Str,.eet ;A roved Plans:Must.bMMC,10 med on Job-and this yard Mus :aH v-
ru�xsresus - �� s, z= .. pp r C t be Kept
i9
hjA88; fKs b ,..»�:.. " ,ter'` �/ z s ^
Posted Until na)Inspection as BeensMade
R < .. p ya m
Wher-e Certificate;: fOrrcG ,an �sR aired,-such Bu�ldm ;shall Notbe.Occu ied untla'1=i al;lns'ec#�on.has 1 �j jjll�
P �, Q g �,
.......
Permit No. B-17-1389 Applicant Name:
Approvals
Date Issued: 06/01/2017 Current Use: : Structure
Permit.Type: ,Building-Alteration INTERIOR Work Only- 'Expiration Date': `' 12/01/2017 Foundation:
Commercial Map/Lot 308-111 00B Zoning District: Sheathing:
Location: 575 MAIN STREET(HYANNIS),HYANNIS W�
GOntractorlName Framing: 1
C
Owner on Record: SHORE CARYLYN A TR ontractor License,
2
Address: 1418 COMMONWEALTH AVE
Est Project Cost: $0.00 Chimney:
WEST NEWTON,MA 02165 Permit Flee:
�= $75.00
Description: TENANT FITOUT NO CONSTRUCTION. RICCIAR' ELLI-S`�Seating Plan is ` Insulation:
z, Fee Paidd.' $75.00
included with permit app.. 'u Final:
1 N Date 6/1/2017
Project Review Req: TENANT FITOUT NO CONSTRUCTION. IZICCIARDELL�ISSeatng �� -
Plan is included with permit app y xf4; Plumbing/Gas
Rough Plumbing:
Building Official
.d.. Final Plumbing:
�.- _.
This permit shall be deemed abandoned and invalid unless the work authonzed�by<this permit is commenced within six months after�issuance.
°' '' � Rou h Gas:
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. g
All construction,alterations and changes of use of any building and struetures shall be in compliance with the local zoning bylaws and codes..
Final Gas:
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public nspectiori for the entire duration of the
work until the completion of the same. `
Electrical
The Certificate of Occupancy will not be issued until all applicable sign atures by he BuiI i &and Fire Officials are provideAm this,'permit.
Minimum of Five Call Inspections Required for All Construction Work:' Service:
1.Foundation or Footing
2.Sheathing Inspection Rough:
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy
Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
:.'.Persons contracting.with unregistered.contractors do not.have access to the guaranty fund" (as set forth in MGL c.142A).
Fire Department
Building plans are to be available on site Final
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
+^ TOWN OF BARNSTABLE BUILDING PERMIT APPLICATIONrip ..
Map 3 A Parcel - V V Application WJ
Health Division Date Issued
Conservation Division Application Fee
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board �-
Historic - OKH _ Preservation/Hyannis
I1y"i�/s/�7
X Project Street Address 7!�- '7 J Mar cS T-
XVillage u y e- n V, ,s
XOwner 011R IS i ke 11 K T►CC ► .A r- de l/i AddresX -5 5 Yho, i n S
XTelephone C -e I C
XPermit Request Tle 0 L,'}" Z Al 6 C G S�. �' i,C� ) y
�. 0 C on S 4 r- U C �1 6 ti. A C ► cc, 1 cz-r dle�1 I � �S
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
Project Valuation Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units)
Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No
Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other r'
Basement Finished Area (sq.ft.) Basement Unfinished Area
Number of Baths: Full: existing new Half: existing >r new
Number of Bedrooms: existing _new
"J
Total Room Count (not including baths): existing new First Floor Room Count---a-
Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No
Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_
Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial ❑Yes ❑ No If yes, site plan review #
Current Use Proposed Use
APPLICANT INFORMATION
f� (BUILDER OR HOMEOWNER)
Name �/ ],'C' TIC c )o rcJ-r, I Telephone Number // l �I) &4 0!*
xAddress 677,f NIa i n St% gvo nn IS JY IA License #
Home Improvement Contractor#
Email C. r I C C 1 -kr de I k i9h 61 Ma i i . C 0 iv Worker's Compensation #
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE, YZVZ 7
FOR OFFICIAL USE ONLY
6
-APPLICATION #
DATE ISSUED
MAP/ PARCEL NO.
ADDRESS VILLAGE
OWNER
DATE OF INSPECTION:
FOUNDATION
FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT
ASSOCIATION PLAN NO.
r
�ICG ��i'C" �L � I L✓1�C•! �'r !$ � l L- L Cl �7�, J��!\ S L �i� �j is
UV—(p2L�-0(O—A�
` 0, �tP9x TABLE
11717
3
OL
�i t 1'�i3Jig�'a#t F \ \ \, � 'tiR.]!.. �?�•.�r,�c�'911..., .,�, .:: '':�: . " 1a p� e`"•�°„""�..�3„, . . _ _�._:.
mom.
0000®OmO4s9a9AAJAA9t9 c709 v � "�--- •� "�'-�`��•'��I "� f s'�`�w ��""'
j• 6 f / T _ .3•R
M1.1! N�1 I L•d ,3I7. -. I •' / `I 1 :� �_
ram• .,j f ..
I,^ m
OP
_ 1
• Restaurant Lease
This Lease Agreement(this "Lease") is dated April 1, 2017, by and between 575 MAIN,
LLC ("Landlord"), and Ricciardelli's,LLC, Chris Ricciardelli ("Tenant"). The parties agree
as follows:
RESTAURANT.Landlord, in consideration of the lease payments provided in this Lease,
leases to Tenant The premises located in a building numbered as 575 Main St. Hyannis,
Ma. 02601 site unit approximately sq. ft. (the "Restaurant")located at 575 Main Street,
Hyannis, Massachusetts 02601.
TERM. The lease term will begin on April 15,2017 and will terminate on April 14,2022.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of$2,200.00,
for the first two years, after that each year will have a cost of living increase of 5%
annually,payable in advance on the first day of each month. Lease payments shall be made
to the Landlord at 1418 Commonwealth Ave., West Newton,
Massachusetts 02465, which address may be changed from time to time by the Landlord.
SECURITY DEPOSIT.At the time of the signing of this Lease, Tenant shall pay to Q
Landlord, in trust, a security deposit of$2,200.00 to be held and disbursed for Tenant
damages to the Restaurant(if any) as provided by law. 00 1
POSSESSION. Tenant shall be entitled to possession on the first day of the term otthis
Lease, and shall yield possession to Landlord on the last day of the term ofthis Lease, 4
unless otherwise agreed by both parties in writing.At the expiration of the.term,Tenant m
shall remove its goods and effects and peaceably yield up the Premises to Landlord-in as
good a condition as when delivered to Tenant, ordinary wear and tear excepted.
USE OF RESTAURANT. Tenant may use the Premises only for the purpose of
conducting a restaurant or coffee shop business together with other uses normally and
customarily incident to the operation of a restaurant or coffee shop. The Tenant shall not
sell alcoholic beverages(except beer and wine if licensed) in the Restaurant with out the
concerned liquor license. The Restaurant may be used for any other purpose only with the
prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall
notify Landlord of any anticipated extended absence from the Restaurant not later than the
first day of the extended absence.
The Tenant, Tenant's agents,employees and invitees, shall have the right to use the
common areas and common facilities jointly with Landlord, Landlord's agents and
This is a RocketUwvencom document
employees, and other tenants(except such service areas as may be designated by Landlord
for the exclusive use of a particular tenant or tenants)their agents, employees and invitees.
All of such use of any of the common areas and common facilities shall be such as will not
unreasonably obstruct or interfere with the joint use thereof,and shall be in compliance
with all applicable laws, rules and regulations.
FURNISHINGS: A complete inventory of equipment and furnishings will be conducted
and attached and made a part of the agreement, in order that both parties know what the
tenant has purchased, and has the right to sell or remove at the termination of said lease.
Tenant agrees that interior shingles on walls bar, and bar hood are to remain unpainted and
not removed. Tenant also agrees that large bar and bar shelving behind existing bar remain
intact,not cut, and not painted. Side bar near kitchen shall also remain intact, uncut and not
painted.
SIGNS. Tenant shall install at its sole expense new sign. Such sign shall be installed in
such locations as are approved by Landlord. The design and type of sign shall be subject to
the prior written approval of Landlord, which Landlord may grant in its sole discretion, it
being understood that the Restaurant are part of an integrated and uniform building, and
that control of exterior awnings and signs by Landlord is essential in order to maintain
uniformity and aesthetic value in said building. Tenant agrees to submit to Landlord as
soon as reasonably possible its outside elevation plans showing such proposed changes.
Tenant shall maintain said signs in good condition and repair at all times, and shall hold
Landlord harmless from injury to person or property arising from the erection or
maintenance of said signs. Any sign placed in or upon the Restaurant, upon the written
request of Landlord, shall be removed by Tenant at Tenant's expense upon the expiration
or sooner termination of this lease, and all damage caused by the removal of such sign
shall be fully repaired at the cost and expense of Tenant.
B.I.D. MEMBERSHIP: Tenant understands, and agrees to the terms of the BID
membership,which is a Main Street organization that promotes activities for Main
Street business. The cost of which is $775.00 for the location, and can be paid monthly
with the lease or annually.
QUIET ENJOYMENT. The Landlord covenants that Landlord has lawful title to the
above described real property and the right to make this lease for the term aforesaid and,
conditioned upon the prompt performance and observance by the Tenant, Tenant's agents
and employees of all of the terms, covenants and conditions hereof required to.be
performed or observed by Tenant, Tenant's agents and employees, Tenant shall at all times
during the term of this lease have the peaceable and quiet enjoyment of the Demised
Restaurant.
PROPERTY INSURANCE. Tenant shall maintain casualty insurance on the Restaurant
in an amount not less than$1,000,000.00. Landlord shall be named as an additional insured
in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that
adequate insurance is in force issued by companies reasonably satisfactory to Landlord.
This is a RacketLawver_cnm dncument_
Landlord shall receive advance written notice from the insurer prior to any termination of
such insurance policies. Tenant shall also maintain any other insurance which Landlord
may reasonably require for the protection of Landlord's interest in the Restaurant.Tenant is
responsible for maintaining casualty insurance on its own property.
LIABILITY INSURANCE.Tenant shall maintain liability insurance on the Restaurant in
a total aggregate sum of at least$1,000,000.00. Tenant shall deliver appropriate evidence
to Landlord as proof that adequate insurance is in force issued by companies reasonably
satisfactory to Landlord. Landlord shall receive advance written notice from the insurer
prior to any termination of such insurance policies.
MAINTENANCE.Tenant shall have the responsibility to maintain the Restaurant in good
repair at all times during the term of this Lease.
UTILITIES: Tenant upon commencement shall pay for all of it's requirements for
utilities, directly to the applicable utility company, including but not limited to gas,
electric,telephone,water and sewer(if applicable).
ELECTRICAL COMPONENTS: Tenant is responsible, at it's sole cost and expense, for
the replacement of all light bulbs and ballasts within the Demised Premises and any
electrical work or parts.
FIRE INSPECTIONS: Tenant,at it's sole cost and expense, shall be responsible for
yearly inspections of fire extinguishers in the Demised Premises. Tenant shall provide and
maintain appropriate fire extinguishers and carbon monoxide detectors(if applicable)in
sufficient number and type appropriate to the Demised Premises, all as may be proscribed
by the local Fire Department regulations.
PEST CONTROL. Tenant, at its sole expense, shall engage exterminators to control
vermin and pests on a regular basis. Such extermination services shall be supplied in all
areas where food is prepared, dispensed or stored and in all areas where trash is collected
and deliveries are made.
JANITORIAL SERVICE. The Tenant shall provide regular janitorial service to the
Leased Restaurant at its sole expense.
COVENANT AGAINST WASTE. Tenant agrees that Tenant will not commit waste in or
upon the Restaurant or any portion thereof. The Tenant shall be responsible for the
ventilation and cleanliness of the demised premises and for keeping the waste sewerage
lines free from grease stoppages. Tenant shall be responsible for the professional removal
of grease to avoid spillage and for grease recycling of shortening.
TAXES.Taxes attributable to the Restaurant or the use of the Restaurant shall be allocated
as follows:
This is a RockedAwver.00m document
REAL ESTATE TAXES. Tenant shall pay all real estate taxes and assessments which
are assessed against the Restaurant during the time of this Lease.
PERSONAL TAXES. Landlord shall pay all personal taxes and any other charges
which may be levied against the Restaurant and which are attributable to Tenant's use
of the Restaurant, along with all sales and/or use taxes(if any)that may be due in
connection with lease payments.
DESTRUCTION OR CONDEMNATION OF RESTAURANT. If the Restaurant is
partially
destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use
of the Restaurant in a normal manner, and if the damage is reasonably repairable within
sixty days after the occurrence of the destruction,and if the cost of repair is less than
$0.00,Landlord shall repair the Restaurant and a just proportion of the lease payments
shall abate during the period of the repair according to the extent to which the Restaurant
have been rendered untenantable. However, if the damage is not repairable within sixty
days, or if the cost of repair is $0.00 or more, or if Landlord is prevented from repairing the
damage by forces beyond Landlord's control, or if the property is condemned,this Lease
shall terminate upon twenty days'written notice of such event or condition by either party
and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it.
Tenant shall give Landlord immediate notice of any damage to the Restaurant.
DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease
obligation or term by which Tenant is bound. Subject to any governing provisions of law to
the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other
obligation within 10 days) after written notice of such default is provided by Landlord to
Tenant,Landlord may take possession of the Restaurant without further notice(to the
extent permitted by law), and without prejudicing Landlord's rights to damages. In the
alternative, Landlord may elect to cure any default and the cost of such action shall be
added to Tenant's financial obligations under this Lease. Tenant shall pay all costs,
damages, and expenses (including reasonable attorney fees and expenses)suffered by
Landlord by reason of Tenant's defaults.All sums of money or charges required to be paid
by Tenant under this Lease shall be additional rent, whether or not such sums or charges
are designated as "additional rent". The rights provided by this paragraph are cumulative in
nature and are in addition to any other rights afforded by law.
HOLDOVER If Tenant maintains possession of the Restaurant for any period after the
termination of this Lease("Holdover Period"), Tenant shall pay to Landlord lease
payment(s)during the Holdover Period at a rate equal to the most recent rate preceding the
I Holdover Period. Such holdover shall constitute a month-to-month extension of this Lease.
This is a Rocked mver.com document
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative,and
shall not be construed as exclusive unless otherwise required by law.
NON-SUFFICIENT FUNDS. Tenant shall be charged$ for each check that is returned
to Landlord for lack of sufficient funds.
REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the
obligation
to conduct any construction or remodeling(at Tenant's expense)that may be required to
use the Restaurant as specified above. Tenant may also construct such fixtures on the
Restaurant(at Tenant's expense)that appropriately facilitate its use for such purposes.
Such construction shall be undertaken and such fixtures may be erected only with the prior
written consent of the Landlord which shall not be unreasonably withheld. Tenant shall not
install awnings or advertisements on any part of the Restaurant without Landlord's prior
written consent.At the end of the lease term, Tenant shall be entitled to remove(or at the
request of Landlord shall remove)such fixtures, and shall restore the Restaurant to
substantially the same condition of the Restaurant at the commencement of this Lease, and
all built-in fixtures such as hood and exhaust system,dishwasher, all sinks, grease trap are
a part of the building and cannot be removed, except for the need for replacement and with
the permission of the landlord.
ACCESS BY LANDLORD TO RESTAURANT. Subject to Tenant's consent(which
shall not be unreasonably withheld),Landlord shall have the right to enter the Restaurant
to make inspections,provide necessary services,.or show the unit to prospective buyers,
mortgagees,tenants or workers. However, Landlord does not assume any liability for the
care or supervision of the Restaurant. As provided by law, in the case of an emergency,
Landlord may enter the Restaurant without Tenant's consent. During the last three months
of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual
"To Let" signs and show the Restaurant to prospective tenants.
INDEMNITY REGARDING:USE OF RESTAURANT. To the extent permitted by law,
Tenant agrees to indemnify, hold harmless,and defend Landlord from and against any and
all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any,
which Landlord may suffer or incur in connection with Tenant's possession, use or misuse
of the Restaurant,except Landlord's act or negligence.
DANGEROUS MATERIALS.Tenant shall not keep or have on the Restaurant any
article or thing of a dangerous, flammable,or explosive character that might substantially
increase the danger of fire on the Premises, or that might be considered hazardous by a
responsible insurance company, unless the prior written consent of Landlord is obtained
and proof of adequate insurance protection is provided by Tenant to Landlord.
COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws,
This is a RockctLawvercom document_
r
ordinances, requirements and regulations of the federal, state, county, municipal and other
authorities, and the fire insurance underwriters. However, Tenant shall not by this
provision be required to make alterations to the exterior of the building or alterations of a
structural nature. Tenant will promptly procure, maintain and comply with all permits,
licenses and other authorizations required for the use of the Property as a restaurant and for
the lawful operation,maintenance, and repair of the Property or any part thereof. Tenant
will not do any act or thing which constitutes a public or private nuisance. Landlord will
join, if necessary, in the application for any permit or authorization with respect to any
Legal Requirements. In connection with its use of the Property, Tenant shall comply with
all applicable governmental laws, rules and regulations, federal, state and local, including
those relating to environmental matters.
MECHANICS LIENS.Neither the Tenant nor anyone claiming through the Tenant shall
have the right to file mechanics liens or any other kind of lien on the Restaurant and the
filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to
(1) give actual advance notice to any contractors, subcontractors or suppliers of goods,
labor, or services that such liens will not be valid,and(2)take whatever additional steps
that are necessary in order to keep the Restaurant free of all liens resulting from
construction done by or for the Tenant.
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the
Restaurant, nor effect a change in the majority ownership of the Tenant(from the
ownership existing at the inception of this lease),nor assign, mortgage or pledge this
Lease,without the prior written consent of Landlord,which shall not be unreasonably
withheld.
OPTION TO RENEW LEASE: Tenant shall be granted an option to renew the lease
for an additional five year period, provided however that the lease is current at the
time of option period, and tenant must give landlord 60 days notice in order to
exercise its option to renew.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the
State of Massachusetts.
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire
agreement of the parties and there are no other promises, conditions, understandings or
other agreements, whether oral or written,relating to the subject matter of this Lease. This
Lease may be modified or amended in writing, if the writing is signed by the party
obligated under the amendment.
SEVERABILTTY. If any portion of this Lease shall be held to be invalid or unenforceable
for any reason,the remaining provisions shall continue to be valid and enforceable. If a
court finds that any provision of this Lease is invalid or unenforceable,but that by limiting
11is is a Rocketiavwer.com document
such provision, it would become valid and enforceable,then such provision shall be
deemed to be written, construed, and enforced as so limited.
WAIVER The failure of either party to enforce any provisions of this Lease shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and compel
strict compliance with every provision of this Lease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the
benefit of both parties and their respective legal representatives, successors and assigns.
SIGNATURES AND NOTICE.This Lease shall be signed by the following parties.No
notice under this Lease shall be deemed valid unless given or served in writing and
forwarded by mail, postage prepaid, addressed to the parties below:
LANDLORD:
� J
575 TREET,LLC
1418 Commonwealth
Ave.
West Newton, Massachusetts 02465
The signatures indicates that this Document has been reviewed by each of the Parties Attorney
TENANT:
Ricciardelli's,LLC
Owner
TENANT:
's Ricci elli
Such addresses may be changed from time to time by either party by providing notice as
set forth above. Notices mailed in accordance with the above provisions shall be deemed
received on the third day after posting.
LANDLORD.
Date:
nic is a Rnr M awver mm cimMlment.
I'
ADDENDUM TO LEASE BETWEEN
Ricciardelli's Enterprises, LLC (Lessee) and 575Main Street (lessor)
In paragraph#4 "Lease Payment" Automatic increases were inadvertently
omitted. It should say the lease payment will increase $100.00 per month
per year after the second year Le. $2300.00 per month in the third year and
$2400.00 per month in the forth year and so on.
1