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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.. 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' 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