HomeMy WebLinkAbout1676 FALMOUTH ROAD/RTE 28 (4) e
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Town of Barnstable
Building Department
Brian.Florence, CB
Building Commissioner
200 Main Street, Elyannis,MA 02601
www.town bamstabla.ma us
Pre-application-for Business Certificate
Date map c�` G M V�Parcel
Applicant Information
Applicants Name ?
Applicants Address. " ° '- :Z C A9�1' y / g E "`7q U2-,4 � '
Email Address 0rF j CC
Telephone Number �7 Listed. Unlisted ❑
Business Information
NewBusiness7 _______-- ----------- _-• Yes No
------- -----------
Business is a registered corporation? ________________________. es No
If yes Name of Corporation &�C 6-SSo /E�) &
VDoes business operate under the registered corporate name? es No
Is the business a sole proprietorship or home occupation? Yes
If yes then a Home Occupation Registration is required-See Building Division Staff
Name of Business
Business Address (0�< La Imc 1-'�`'- Ca\j-e'UV 0 "' /r y ��q GZ�OQ
Type of Business
d_mg Commissioner Office Use Only
Conditio
Building Commission49 a� 9� Date
Clerk Office Use Only
Town of Barnstable _ Building
wv N�rnBM Post This Card So That It is.Visible From the Street-Approved Plans Must be Retained on Job and this Card Must.be Kept ! •
MAOM Posted Until Final Inspection Has Been Made.
r. �. -; � F _ � - 1
Where a Certificate.of Occupancy is,Required,such Building shall Not be Occupied until a Final Inspection has been,Made. ill ey� l l
Permit No, B-19-2787 Applicant Name: Ehud Benharosh Approvals
Date Issued: 10/11/2019 Current Use: Structure
Permit Type: Building-Alteration INTERIOR Work Only- Expiration Date: 04/11/2020 Foundation:
Commercial Map/Lot: 209-003 Zoning District: HB Sheathing:
71
Location: 1676 FALMOUTH ROAD/RTE 28,CENTERVILLE
Framing: 1
Contractor Name Owner on Record: POYANT,MARCEL R TR Contractor License: s 2
Address: - 20F CAMP OPECHEE RD -�- -•••�-°-�°�� .,,;� Est Protect Cost:_ $0.00 Chimney
:
CENTERVILLE, MA 02632 y Permit Fee: $75.00
Description: Tenant Fit-Out i : Fee Paid- $75.00
Insulation:
No constrution
} 10/11/2019 Final:
APPCESSORIES-cell repair and computers ` Date: >
Plumbing/Gas
AKA-1686 Falmouth Road
Rough Plumbing:
Building Official
Project Review Req: NO CONSTRUCTION. NO CHANGE OF USE CLASSIFICA O. Final Plumbing:
NAME CHANGE ONLY. i Rough Gas:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.
All work authorized by this permit shall conform to the approved application and theapproved construction documents for which this permit has been granted. Final Gas:
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be.maintained open for public inspec n for the entire duration of the Electrical
work until the completion of the same.
j Service:
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.
Minimum of Five Call Inspections Required for All Construction Work: -• Rough:
1.Foundation or Footing
Final:
2.Sheathing Inspection .
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough:
5.Prior to Covering Structural Members(Frame Inspection)
Low Voltage Final:
6.Insulation
7.Final Inspection before Occupancy
Health
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Final:
Work shall not proceed until the Inspector has approved the various stages of construction.
Fire Department
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
Final:
Building plans are to be available on site oar..-y�►�
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT _ S, p—
Application Number...- lq-
..... ............
.....................
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.............Other Fee:.......................
KAS& Pcrmit`Fee.��...
s639.
TotalFee Paid............. ................................................. ......
TOWN OF BARNSTABLE Permit Approval by.....
BUILDING PERMIT
Map ....................
........ ....................Parcel..........._.
APPLICATION
Section 1 — Owner's Information and Project Location
Project Address (OS(9 �--7ALMOUTWe-b CWMVIOZ r- agl
-,- 02-032—
e
Owners Name
Owners Legal Address
City &� State zip
Owners Cell# g I . 2b-7- 3 3 -7 E-mail
Section 2 —Use of Structure
Use Group_ F-1 Commercial Structure over 35,000'cubic feet
Commercial Structure under 35,000 cubic feet
❑ Single/Two Family Dwelling
FSection 3 — Type'of Permit
❑ New Construction Move Relocate 1:1 Accessory Structure 0 Change of use
El Demo/(entire structure) D Finish Basement El Family/Amnesty El. Fire Alarm.
Rebuild FJ Deck Apartment El Sprinkler System
❑ Addition E] Retaining mall ❑ Solar
El Renovation ❑ Pool ❑ Insulation
Other Specify
Section 4 - Work Description
pL esE kt?c com PM C
Last undated: 11/15/2018
e
Application Number....................................................
Section 5—Detail .�
I QO
Cost of Proposed Construction Square Footage of Project
Age of Structure Dig Safe Number
# Of Bedrooms Existing Total#Of Bedrooms (proposed)
110 MPH Wind Zone Compliance Method ❑ MA Checklist ❑ WFCM Checklist ❑ Design
Section 6—Project Specifics
❑ Wiring ❑ Oil Tank Storage ❑ Smoke Detectors
❑ Plumbing ❑ Gas ❑ Fire Suppression
❑ Heating System ❑ Masonry Chimney ❑ Add/relocate bedroom
Water Supply Public ❑ Private
Sewage Disposal Municipal ❑ On Site
Historic District ❑ Hyannis Historic District ❑ Old Kings Highway
Debris Disposal Facility: I am using a crane ❑ Yes ❑ No
i.
Section 7—Flood Zone
Flood Zone Designation
Within or adjacent to a wetland, coastal bank? Yes ❑ No ❑
Section 8—Zoning Information
Zoning District Proposed Use Lot Area Sq. Ft.
Total Frontage Percentage of Lot Coverage # of Dwelling Units(on site)
Setbacks Front Yard Required Proposed
Rear Yard Required Proposed
Side Yard Required Proposed
Has this property had relief from the Zoning Board in the past? Yes 0 No
Last updated: 11/15/2018
Application Number..........................................
Section 9= Construction Supervisor
i
i
Name Telephone Number
Address City State Zip
License Number License Type Expiration Date
Contractors Email Cell #
I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780
CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and
documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your license.
Signature Date
Section 10—Home Improvement Contractor
Name . .Telephone Number
Address City State Zip
Registration Number Expiration Date .
I understand my responsibilities under the rules and regulations for Home Improvement Contractors in accordance with 780
CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and
documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your H.I.C...
Signature Date
Section 11—Home Owners License Exemption,
Home Owners Name:
Telephone Number Cell or Work Number
I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780
CMR the Massachusetts State Building Code. I understand the-construction inspection procedures,specific inspections and
documentation required by 780 CMR and the Town of Barnstable.
Signature Date
PLICANT SIGNATURE
Signature Date
Print Name h elephone Number —IR I "2-Jo�
E-mail permit to: A PPCC-S.Sy R 1eS ELC ,C 0 A
` Last updated: l 1%15/2018
Section 12 —Department Sign-Offs
Health Department ❑ Zoning Board(if required)
Historic District ❑. Site Plan Review(if required) ❑
�§W�
e Department ❑
Conservation ❑
For commercial work,please take your plans directly to the fire department for approval
Section 13 — Owner's Authorization
I, , as Owner of the subject property hereby
authorize to act on my behalf, in all
matters relative to work authorized by this building permit application for:
(Address, of job) a
Signature of Owner date
Print Name
Last updated: 11/15/2018
LEASE OF COMMERCIAL PROPERTY
This lease made this��day of. /11
Y __, 2019.. by and between Marcel R.
Poyant, Trustee of the Centerville Shoppindc.enter 1 Nominee .Trust, of c/o Rene L. Poyant,Inc.,
20F Camp Opechee Road, Centerville, Massachusetts 02632.(hereinafter called the"Lessor,"
which expression shall include his heirs; personal representatives, successors and assigns), and
Appcessories, LLC a Massachusetts limited liability company,.of 6 Smith Street, Braintree,
Massachusetts 02.184 (hereinafter;called "Lessee.," which expression shall includee its successors
and assigns).
WITNESSET1[:
ARTICLE I
Premises
Section 1. The Lessor, for and in consideration of the rent:herein reserved and the mutual
covenants herein contained, does.hereby demise and lease unto the Lessee, and the Lessee does
hereby take and hire. subject to the conditions hereinafter expressed;the shop premises located at
1686 Falmouth Road (containing 472 411;- square feet, more or less) (hereinafter referred to as the
'Demised Premises") in the shopping_center of the Lessor known.as the "Centerville Shopping
Center" situated on the northerly side of Route.28, in Barnstable (Centerville); Barnstable
County, Massachusetts, as shown on site and floor plans hereto annexed and marked Exhibits
"A" and "B" and hereby made a part hereof together with the.right to use,in common with the
Lessor, and others entitled thereto, the walk in front of the Demised Premises and the blacktop
parking area provided for parking in the shopping center,; provided,,however, that.Lessee shall
not at any time obstruct any of the common areas and that use of such areas is at the sole risk and
liability of the Lessee.
The Lessor reserves the right to place and maintain and repair such utility lines, pipes,
drains, and the like over,under, or around the Demised Premises as may be reasonably necessary
or advisable for servicing of other_portions of the shopping center and the Lessor reserves the
right to redesign the parking areas as play be reasonably necessary or advisable for servicing the
Demised Premises or other portions of the shopping center at 1.,essor' sole cost and expense.
ARTICLE rI
Term
Section L The term of this Lease shall be for a period of twenty-four.(2.4).months,
commencing at 12:,01 a.m..on May 1. 220119 and:expiring at 11:59 p.m. on April 30, 2021 unless
sooner terminated as, herein provided;.
ARTICLE.III
Net Minimum Rent
Section 1. The net minimum rent(which is hereinafter defined to mean the dollar
amount of rent to be paid by the Lessee to the Lessor and.which shall be in addition to the
additional rent hereinafter provided to be paid)to be paid by the Lessee to the Lessor during the
term of this.Lease shall be Thirteen Thousand light Hundred,and 00/100 ($13,800.00) Dollars,,
payable as follows: As of the date hereof, Lessee shall make one (1)payment to Lessor in:the
amount of Five Il:undred Seventy-live and 00/1,00 (W5.00) Dollars, Commencing on June 1,
2019, Lessee shall make twenty-three (23).consecutive monthly payments to Lessor in the
amount of Five Hundred Seventy-five and 00/100 ($575.00) Dollars per month, each said
payment:due on the first day of each calendar month during the term hereof.
Lessee covenants and agrees to pay said resit to Lessor at Lessor's office at,20F Camp
Opechee Road, Centerville, Massachusetts 02632, or at such other place as Lessor shall from
time to time designate in writing, on the first day of each and every month, in advance, during the
term hereof or any extensions..
ARTICI:F IV
Additional Rent, Security Deposit and Utilities
Section 1. Common Area Expenses. During the term hereof, the Lessee shall pay as
additional rent to-Lessor its pro rata share (4.91/o) of Lessor's.common area,repair and
maintenance expenses, including but not limited to lighting and other common utilities,parking
lot maintenance and striping, handicapped and other common signage, landscaping, sprinkler
system and,f re extinguisher maintenance, replacements and inspections, cleaning, septic system
cleaning, plus additional cleaning attributable to water use, municipal sewer use charges (when
and if applicable), exterminating, snow removal and plowing;automobile towing, disposal and
storage, and decorations for the Ce terviIle Shopping Center and its pro rata share (4.9%) oi'any
increase in the real estate taxes and other.muni.cipal, assessments over and above the amount
assessed for Fiscal 2018 (July 1,2017 to June 30,2018) and its pro rasa share (4.9%o)of any
increase in the liability. fire replacement and rent loss insurance over,that charged for Fiscal.2018
(May 31,, 2017 to May 31,2018) for the premises at 1:676-1698 Falmouth Road, Centerville,
Massachusetts.
Said charges.shall become due and payable thirty(30)days after notice of same is
delivered:to Lessee.by the Lessor.
C
Section 2. Taxes. Luring the term hereof, the Lessee covenants and agrees that if in any
Town of Barnstable fiscat year subsequent to the fiscal year 2018 (July 1,2017 to June 30,2018).
the amount of real estate taxes and other municipal assessments assessed by the Board of
Assessors of the Town of Barnstable, Massachusetts, on the land and buildings of which the
Demised Premises are a part shall exceed the amount of real estate takes and other municipal
assessments assessed thereon for the said fiscal year 2018, then the Lessee shall pay to the
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Lessor; on or before the due date of the first installment of said increased real,estate taxes and
other municipal assessments; its.pro rata share (4.9%) of such excess.
Section 3.Insurance Premium Increases.. 'The land and building premises of which the
Demised Premises area part are insured Linder,a so-called "Multi peril" package policy issued to
the Lessor, which policy is written on a fiscal year basis ending on May 31st of each year. If, in
any fiscal year subsequent to the.fiscal year ending May 31, 2018,. the insurance.premiums
increase, the Lessee shall pay to the Lessor, as additional rent; its pro rata share(4:9%) of any
increase attributable to liability coverage,;its pro rata share (4.9%) of any increase attributable to
fire replacement coverage on.the,building and improvements, and One Hundred (1.00%o)percent
of any increase attributable to rent losses coverage,pertinent to the Demised Premises or for the
nature of the business being conducted on the Demised Premises.
Said additional rent, if any, shall become dire.and payable thirty(30) days after notice of
the same is delivered by the Lessor tothe Lessee.
Section 4.Security Deposit. Lessee has paid to Lessor,.a security deposit in the amount
of Five hundred Seventy-five and 00 100($57.5..0.0)Dollars, Said security deposit is to
guarantee payment of the rent agreed to be,paid hereunder and for the reimbursement of the
Lessor for any expenses or damages .incurred or suffered.because of the failure of the Lessee to
keep and perform the covenants and conditions herein,containedsaid security deposit to be
returned to the Lessee,.if unused, without interest at the expiration of the term of Ithis Lease,
provided.the Lessee shall have vacated the Demised Premises and shall have in all respects
complied with the covenants and conditions of the agreement herein contained.
The.Lessee understands and:agrees that said.security deposit shall not be held in a
separate escrow: account byLessor:and that no interest will be paid on said deposit.
Section 5. Utilities. The Lessee agrees to pay all charges for electricity,.water, heat.
telephone, gas and any other utility services used on the Demised.Prernises:and.will-have utilities
changed over to the Lessee's name upon commencer cent of the lease term or upon the Lessee's
occupancy of the Demised Premises,, whichever is earlier. If and when the Demised Premises are
connected.to the municipal.sewer, the hessee shall also pay sewer use charges attributable to the
Demised Premises (either as a common area charge or,if separately metered, as a utility charge).
Said charges shall commence to run from and after the fast date on which the Lessee .takes
possession of the Demised Premises even though the same shall be.prior to the commencement
of the term hereof.
ARTICLE V
Construction Obligations
Section 1. The Lessee acknowledges that he is fully aware of the present condition of the
Remised,Premises(both:the.demised land and the structures thereon, and all other improvements
now located on or in. the Demised.Premises) and.agreesto take the same at his own risk on a
strictly "as is"Basis without warranty or obligation whatsoever on the part of the Lessor. Any
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alterations to the septic system servicing the Demised Premises:required by the Town of
Barnstable or other applicable authorities shall.:be at the Lessee's expense.
Section I The Lessee shall not make.any alterations to the:Demised Premises without
the written authorization of the Lessor, which authorization can be withheld for any reason,but,
which shall not be unreasonably withheld. Any alterations which are approved by the Lessor
shall conform to the following requirements: (a) the same shall be done in a:good first-class
workmanlike manner; (b) the same shall not adversely affect the structural components of the I
.Demised Premises;(c) the Lessee shall abide by all.applicable laws., ordinances and any-other
requirements of law; (d)such remodeling,shal 1 be done in full conformity with plans and
specifications which shall first require Lessor's approval;and (e).such remodeling shall be done
at such times and in such a manner so as.not to interfere in any manner with the continued
conduct of the business in the shopping center.
Section I Before commencing remodeling;the Lessee shall provide the Lessor with.
assurances satisfactory to the Lessor that all funds necessary for the completion of said
remodeling are available to the Lessee to the end that the Lessor shall be assured that there will
be no delay or stoppage of.work by reason of non-payment:of bills and. likewise, to the end that
the Lessor shall be assured that no liens for any of such.work will attach,against the Demised
Premises or the shopping center:
ARTICLE, VI
Repairs and Maintenance
Section L The Lessor agrees to keep in good order, condition and repair the foundations,
exterior walls and roof of the Demised.Premises as constructed.by the Lessor and the electrical,
air conditioning, heating and plumbing.systeins installed by the Lessor, except as to any damage
thereof caused by any intentional act or negligence of the Lessee, its employees, agents, visitors;
invitees or licensees. In the event.of damage to the said foundations,exterior walls or roof of the
Demised Premises or.damage to the,said electrical, air conditioning, heating or plumbing systems
or the parking lot or septic system caused by any intentional act or negligence of the Lessee. its
employees, agents; visitors, invitees or licensees, such damage shall be repaired forthwith at the
sole cost and expense of the Lessee.,
The Lessor shall not be responsible for any other improvements or repairs of any kind
upon the Demised'Premises.
Section 2. The Lessee agrees,during the term hereof and any extensions thereof, to keep
and maintain the interior of the.Demised Premises and each and every part.thereof in good order,
condition and repair,reasonable wear and'tear, fire and other casualty excepted, including the
windows, plate glass, exterior and interior portions of all doors, utility connections, plumbing
and electrical fixtures, and similar equipment.
The Lessee, its:employees or agents shall not mark, paint,drill or in any way deface:any
walls; .ceilings, partitions,floor, wood; stone or iron work, except as provided in Article XI,
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Section 1 or Article V, Section 2, but the Lessee shall have the right to install trade fixtures when
necessary; provided, however, that any damage to the building caused by such installation shall
be repaired by the Lessee at the termination of the Lease.
ARTICLE VIt
Public Liability and Indemnity
Section 1.. The Lessee covenants and agrees that it will, at its'sole cost and expense,
procure and maintain in force throughout the term of this Lease, or any extension.thereof, for the
mutual benefit of the Lessor and the Lessee, general.public liability insurance, so-called; against
claims for bodily injury or death and property damage occurring upon, in, or about the Demised
Premises and on,in. or about the adjoining sidewalks adjacent thereto, such insurance.to afford
protection in the limits of not less than $1',000,000.00 per occurrence and $2,000.000.00 annual
aggregate for bodily injury or death and $1-,000,000.00 f'or property damage of any one owner.
All of the aforesaid shall be kept in effect under valid and enforceable policies issued by an
insurance company or companies satisfactory to the Lessor, and such policy or policies shall
name the Lessor as an additional insured.
'The Lessee shall have included (so long as commercially reasonable and obtainable).in all
policies of all.risks, fire., extended coverage, business.interruption and other property insurance-
respectively obtained by it covering the Demised.Premises:and the contents contained therein, a
waiver by the insurer of all rights of subrogation.against the'Lessor in connection.with any loss or
damage thereby insured against. Any additional premium,fo.r such waiver shall be paid by the
Lessee. To the full extent permitted'by Taw, the Lessee waives all right of recovery against the
Lessor(and:any beneficiaries of the Lessor)for, and agrees to release the.I_,essor;from liability,
for, loss or damage to the extent such loss or damage is cowered by valid and collectible
insurance in effect covering.the party seeking recovery at the time Of such loss:or damage or
would be covered by the insurance required to be maintained'under this Lease'bythe Lessee. if
the release of the Lessor, as set forth in the immediately preceding sentence, should contravene
any law with.respect:.to exculpatory agreements, the,liability'of the Lessor-shall be deemed:not
released to that extent but.shall.be secondary to the liability ol'the Lessee's insurer.
All.such policies of insurance shall provide that.they are not to be canceled without a
minimum of ten(10) days prior written notice to,the Lessor. The Lessee shall,upon the.earlier of
the commencement of the term of this Lease or upon its occupancy of the Demised Premises,
deposit with the Lessor certificates of insurance provided.for herein. In the event that the I-essee
shall fail to take out, pay for, maintain or deliver any of the insurance policies with coverages and
limits provided for in this paragraph,then the Lessor may, in his sole discretion, and without
waiving or releasing the Lessee from its agreements to be performed under this paragraph, take
out, pay for, and maintain any and all of the said insurance coverages and limits and shall have
the right to designate any and all sums paid for such insur€nee as additional rent under this Lease
payable to the lessor'on,demand.
Section 2., The Lessee agrees that it w ll indet'?ini fy and save the.Lessor harmless from
any and all liability, damage, expense. causes of action, suits, claims, or judgments, of any nature
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arising from injury to persons or property on the Demised Premises or upon:the adjoining
parking lots, streets and sidewalks which arise out of the act, failure to act, or negligence of the
Lessee, its agents; employees or invitees, from the time the Lessee takes possession of the
Demised Premises and continuing until the:expiration of the term hereof or the permanent
vacating of the Demised Premises by the I:,essee, whichever is later. This indemnity and hold
harmless agreement shall include:indemmty against all costs, expenses and liabilities incurred in
or in connection with any such claim or proceeding brought thereon, and the defense thereof.
ARTICLE V1I1
Use of D.entised Premises.
Section 1. It is understood and the Lessee so.agmes;that the Demised Premises
throughout the term of 4his.Lease and the Lessee's occupation thereof shall be used and occupied
by the.Lessee only for the following purposes: the operation of a year round business offering
electronics repairs services.
Section 2. The Lessee shall comply with all laws,_ordinan.ces and regulations of the
Town,County, State and federal authorities applicable:to the business to be conducted by the
Lessee in the Demised Premises.
Section I The Lessee shall conduct its business in such a manner,;with regard to noise.
and.other nuisances,;as will not interfere with, annoy,:or disturb any other tenant in the conduct
of its business or the Lessor.in the management of the shopping center.
Section 4. The Lessee shall not-keep within the Demised Premises any article of
dangerous. inflammable, or explosive character which increases the danger of fire upon the
Deanised Premises nor shall the Lessee keep, store;deposit, spill., or allow to be spilled any
hazardous waste in or upon said Demised Premises.
Section 5. All garbage and refuse shall be kept in the kind of container specified by the
Lessor and shall be placed outside of the Demised Premises prepared for collection in the manner
and at the times and places specified by the Lessor. The Lessee shall arrange for and pay the cost
of removal of any of its.refuse and rubbish.
Section 6. The Lessee agrees tol keep the walks in front of the Demised Premises clear of
snow, ice, rubbish.and other debris and also to keep the back area;clear of rubbish;and debris of
any and all kinds and to hold the Lessor harmless against any.loss,cost or damage resulting'from
a breach of this covenant.
Section 7. All loading and unloading of goods and delivery and shipment of inerchandise
and supplies shal be done at such times and areas designated by the Lessor and shall be subject
to the rules and regulations as in the=judgment of the Lessor are necessary for the proper conduct
of the shopping center.
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ARTICLE IX
Lessee's Covenants
Section L The Lessee shall always:conduct his:operation in the Demised.Premises under
a trade name.which accurately and only reflects the uses permitted hereunder unless the Lessor
shall otherwise consent in writing,:such consent not being unreasonably. withheld_
Section 2. No auction, fire or bankruptcy sale may: be conducted.within the Demised'
Premises without the previous written consent of the Lessor.
Section 1 The Lessee shall not use the walks adjacent to the Demised Premises for
business purposes without.the previous written consent of the Lessor.
Section 4. The Lessee agrees that it and.its employees and others connected with the.
Lessee's operations at the Demised Premises will abide by all reasonable rules and regulations
from time to time established by the Lessor by written noticeto the Lessee with respect to the
shopping center..
ARTICLE X
Assignment or Subletting of Lease
Section 1. The Lessee.shall not assign this Lease in whole or in part, or sublet(which
term.shall include the granting.of concessions: licenses and the like) all or any part of the
Demised Premises, without the written consent of the Lessor first having:been obtained, which
consent shall.not be unreasonably withheld. In any event, the Lessee shall not be permitted to
assign or subleasefor any use which would:be in violation of any outstanding restrictions of
record or existing leases or existing non-competitive clauses of the lessor or Marcel IZ. Poyant>
owner of the adjacent buildings in the shopping center,or said adjacent buildings, or which Would.
be in violation of"Fown Zoning Ordinances Or restrictions.
Consent by the Lessor to any assignment or subletting shall not constitute a waiver of the
requirement for such consent to any subsequent assignment or subletting. `Phis prohibition
against assignment or subletting shall be construed to include a prohibition against any subletting,
or assignment by operation of law.
Where.the Lessor shall consent to such assignment.or subletting, the Lessee named herein
shall remain fully liable for the obligations hereunder, including, without.limitation, the
obligation to pay the rent and the other amounts provided under this Lease.
ARTICLE XI
Suns
Section L Except as hereinafter provided,the Lessee shall not place, hang, paint, write,
install, erect Or permit to be placed;hung, painted, written,installed or erected:any sign to the
outside of the building or anywhere upon the outside of the Demised Premises without the
Lessor's prior written consentt in each instance; provided,however, that.the Lessee shall have the
right to erect a sign within the existing metal ``can" over.the.Demised Premises,which sign shall.
be internally illuminated with white letters on brown background in conformity with the majority
of signs on the building in'th.e shopping center: and a.sign on the Common street,sign pylon, all of
the above being subject to the prior written approval of the Lessor and in compliance with the
Town of Barnstable:Zoning Ordinance.
The Lessee acknowledges that the common street,sign pylon may be required to be
removed by the'Town at some future date. ft is acknowledged that a previous zoning ordinance
prohibited roof signs,.requiring the Lessor to.place the.font sign at gutter level,where it
presently exists. The Lessor reserves the right to elect during the term hereof to reposition the
sign to its original roof location at his expense.
The existing sign can is acceptable to the Lessor. The sign can is owned by the Lessor.
During the term of this Lease; the Lessee shall keep and maintain the sign.aind sign can in good
order, appearance and condition;and the lessee shall be responsible for replacing the sign can
and.sign to the.extent necessary to keep:the same in.good order appearance and condition. It is
agreed that the Lessee's sign and any replacement sign can purchased by the Lessee shall, at the
termination of the Lease,become the property of the Lessor without further consideration..
Notwithstanding the above,the Lessor shall have:the right to approve any said signs as
sire, color,.compatibility, eontentand precise location thereof; which.consent and approval shall
not be unreasonably withheld or Unduly delayed and the Lessee agrees that all signs shall be
fabricated and:erected through.Plymouth Sign Company, of South Yarmouth, Massachusetts, or a
company approved by the Lessor mid all signs shall.Conform to all rules, regulations and
ordinances of the Town of Barnstable and other applicable authorities.
Section 2. The Lessee shall not erect, place or allow to be placed any sign, advertising
matter, Stand, booth or showcase on outside windows or walks in which the. Demised Premises
are located without the prior written consent.of the Lessor.
ARTICLE XII
Removal of Fixtures and Alterations
Section 1. Any and all alterations, decorations, installations, additions or improvements
to the Demised Premises, including, but not limited to wall-to-wall carpeting, shall, at the
termination of this I:.ease or any extension thereof, at the election of the Lessor become the
property of the Lessor and shall remain upon and be surrendered with the Demised Premises as a
part thereof.
In the event that the Lessor shall elect otherwise, then such of the alterations,.decorations,
installations, additions or improvements made by the:Lessee upon the Demised.Premises as the
Lessor may select shall be removed by the Lessee and the Lessee shall'restore the Demised
Premises to its original condition_(except with respect to those ]*terns which the Lessor has
elected to retain) at the Lessee's own cost and expense at or prior to,the expiration of the term:
8 ,
Section 2. The Lessee shall have the right to install.personal property; trade fixtures, and
equipment on.or in the Demised Premises and shall have the.right to remove such personal
property and trade fixtures at the expiration or earlier termination of this Lease;provided,
however, that such removal shall not cause injury to the Demised Premises or the buildings of
which.the.Demised Premises are.a.part,
Any of the Lessee's_property which shall remain on the Demised Premises following the
expiration of the Term., or any earlier termination of the Lease,may at the option of the Lessor, be
deemed to have been abandoned and either may be retained by the Lessor as his property or be
disposed of at the Lessee's expense or at the Lessor's option may be disposed of without
accountability in such manner as the Lessor may see fit. In the event of the Lessee's failure to
remove any of its property, if the Lessor shall cause such property to be removed, then.any
damage caused by the removal thereof and any other damage to the..Demised Premises caused by
the Lessee's removal of its property from the Demised Premises may be repaired.at the Lessee's
expense, and the Lessee shall pay the Lessor upon demand all such costs and expenses incurred
by the Lessor in this regard:
ARTICLE XIII
Damage to Demised Premises
Section 1. If the Demised Premises shall be damaged by fire, the elements, unavoidable
accident, or other casualty, but are not thereby rendered untenantable, in whole or in part, the
Lessor shall promptly, at his own expense and undertaking, cause such damage to be repaired;
and the rents payable hereunder shall-not be abated. If, by reason of such occurrence, the
Demised Premises shall be rendered untenantable only in part, then;the Lessor shall promptly, at
his own expense and undertaking; cause"the damage to be repaired, and the rent meanwhile shall
be abated proportionately; as to the portion.of the Demised Premises rendered untenantable. If
by reason of such occurrence the.Demised Premises-shall be rendered wholly untenantable, the
Lessor sha..11 promptly, at his own.expense and undertaking,cause such damage to,be. repaired,
and the minimum rent meanwhile shall be abated in whole,unless within .sixty (60) days after
said occurrence, the Lessor shall give the Lessee written notice that he has elected not to
reconstruct the Demised Premises,, in which event this L ease.and tenancy hereby created shall
cease as of the date of said occurrence, the rent and other charges to be adjusted;as of such date.
For purposes of this section, the teen`the Demised Premises" shall be taken to exclude fixtures,
floor coverings,.furniture, equipment and any other property owned by the Lessee.
ARTICLE XIV
Vminent Domain
Section 1., If the whole or any part of the Demised Premises shall be taken under the
power of eminent domain,this Lease shall terminate; as to the part so taken, on the day when. the
Lessee is required to yield possession thereof to the taking authority, and the Lessor shall make
such repairs and alterations as may be necessary in order to restore the part not taken to useful
condition; and the rent shall be.reduced proportionately, due regard being given to the nature and
9
extent ol'the portion of the Demised Premises so taken; provided, however,if the amount of the
Demised Premises so taken is such as to impair substantially the usefidness.of the balance of the
Demised Premises for the purposes for which the same are hereby leased Of and when restored),
then either party shall have the option to terminate this Lease, exercised bywritten notice to the
other party delivered within thirty(30) days after,the I.essor has notified the.Lessee of the taking,
effective as of the date when the Lessee is required by the taking authority to yield possession of`
the taken portion.
If this.Lease i&so terminated, the rent.and other charges reserved shall be apportioned and
adjusted as of the date of termination, and any rent or other charges paid in advance shall be
refunded by the Lessor to the Lessee subject to the Lessor's rights therein as set forth in this
Lease.
All compensation.awarded for such taking of the fee an&the leasehold shall belong to and
be the property of the Lessor except that the Lessor shah not be entitled to any portion of the
award made.to,the,Lessee for the cost of removal of stock and fixtures owned by the Lessee.
ARTIC'Ll±, XV
Defaults by Lessee = Lessor's Remedies
Section 1. I:1 the Lessee defaults in lulf fling any of the covenants of this Lease other than
the covenant for the payment of rent and such default shall not be made good within thirty (30)
days after written notice and demand, or if the default is of such a character as to require more
than thirty (30) days to cure and the Lessee fails to proceed diligently to cure:such default or if
the estate hereby created shall be taken on execution or by other process of law or if the Lessee
shall be declared bankrupt or insolvent according to law, the.Lessor may give the Lessee thirty
(30) days notice of his intention to end the term of this Lease and thereupon at the expiration of
said thirty (30) days,the term under this Lease shall expire as fully and completely as if that day
were the day herein definitely fixed for the expiration of said term, and the Lessee shall then quit
and surrender the Demised.Premises to the Lessoi;.;but the Lessee shall remain liable as
hereinafter provided,
Section 2. If the Lessee defaults in the payment of the rent reserved herein or any part
thereof and such default is not corrected within fourteen (14) days after written notice thereof, the
Lessor may, without written notice, terminate this Lease and re-enter the Demised Premises and
dispossess the Lessee or other occupants of the)demised Premises by judicial proceedings or
otherwise and remove the.Lessee's effects and hold the Demised premises as if this Lease had
not been made. ,
Section 3. The provisions ofSections I and 2 of this Article are cumulative to and not in
exclusion of, but are in addition,to any other right or remedy which may be available to the
Lessor bylaw.
Section 4. In the event of any repossession of.the Demised Premises by the Lessor
because of any default of the Lease either under Sections 1 or? of this Article or by reason of any
10
other right or remedy available to the Lessor, the Lessor may, if he so elects,re-let the Demised
Premises or any part thereof and for the remainder of the term or.for;a longer or shorter period in
the discretion of the Lessor, and"the:Lessee agrees to pay to the Lessor the rent"herein reserved on
the days when the same becomes due less the net rent received by the.Lessor in re-letting the.
Demised Premises after deducting all costs associated with said breach and re-letting(including,
without limitation,deductions forremodeling costs, brokerage fees, a.ttorney's fees and the like)
and in collecting the rent in convection therewith.
Section 5.. If this Lease shall be guaranteed on behalf of the Lessee, all of the foregoing
provisions of this Article XV with respect to the I:,essee shall be deemed to read "the Lessee and
the guarantor(s) hereof."
Section 6. The Lessor shall in:no event be in default in the.performance of any of his
obligations hereunder runless and until the llessor shall have failed.to perform such obligations
within thirty(30) days after written notice is delivered by Lessee to Lessor properly specifying
wherein the Lessor has failed to perform any such obligation or within such additional time as is
reasonably regtured to correct any such default
ARTICLE XVI
Miscellaneous Provisions
Section 1. Waiver. Failure owthe part of the Lessor to complain of any action or non-
action on the.part of the Lessee, no matter how long the same:may continue,,shall never be
deemed to be a waiver by the,Lessor of any of.his rights hereunder.. "Further, it is covenanted and
agreed that no waiver at any time or of any of the provisions hereof by the Lessor shall be
construed as a waiver of any of the other provisions hereof and that a waiver at any time of any of
the provisions hereof shall not be construed as a waiver at any subsequent.time of the same
provisions. The consent or approval of the Lessor to or of any action by the.Lessee requiring the
I`,essor's consent or approval shall not be deemed to waive"or render unnecessary the Lessor's
consent or approval to or of any subsequent similar act by the Lessee,
No: payment by the Lessee, or acceptance by.the Lessor, of a lesser amount than shall be
due from the Lessee to the Lessor shall be treated otherwise than.as a payment on account. The
acceptance by the Lessor of a check for a lesser amount with an endorsement or statement
thereon; or upon any letter accompanying such check, that such .lesser amount is payment in full, �
shall be given no effect, and;the i.:,essor.may accept such check without prejudice to any other
rights or remedies which the Lessor may have against.the Lessee.
Section"2. Covenant Of Quiet Enjoyment. The Lessor covenants and.agrees with the
Lessee that; in.consideration of the Lessee paying the rents as aforesaid and performing and
Observing the covenants-and agreements herein contained.on his part.to.be performed,_the Lessee
steal l peaceably hold.and enjoy the said .Demised Premises hereinbefore described without
hindrance or interruption by the Lessor or any persons claiming under him.
11
Notwithstanding the above_ it is understood and agreed that this covenant and any and all
other covenants of the Lessor contained in,this Lease shall be binding upon the Lessor and the
Lessor's successors only with respect to breaches occurring during the Lessor's and the Lessor's
successors' respective ownership of the I_;essor's 'interest hereunder. It is further understood and
agreed that with respect to any services to be furnished by the Lessor to the Lessee, the Lessor
shall in no event be liable for failure to furnish the same when prevented.from so doing by strike,
lockout;breakdown, accident, order or regulation of or by,a government authority,or failure of
supply or inability by the exercise of reasonable diligence to obtain supplies; parts, or employees
necessary to furnish.such.services, or because of war or other emergency,or Tor any cause
beyond the Lessor's reasonable control, or,for any cause d,ue to any act or neglect of'the Lessee or
its servants, agents,employees, licensees; or any persons claiming by, through, or under the
Lessee, or any termination for any reason of the Lessor's occupancy of the premises from which
the service is being supplied by Lessor, and in no event shall.the Lessor ever be liable to the
Lessee for any indirect or consequential damages.
Section 3. lifter receiving written notice from any person; firm, or other entity, that it
holds a mortgage.(which.term:shall include a deed:of trust) which includes as part of the
mortgaged premises the Demised Premises,the l..essee shall, so long as such mortgage is
outstanding; be:required to give to such holder the same notice as is required.to be given to the
.Lessor under the terms of this Lease; but such notice may be given by Lessee to the Lessor and
such holder concurrently. It is further agreed thatt such holder shall have the same opportunity to
cure any default,, and.the same time within which to effect such curing, as is available to the
Lessor; and; if necessary to cure such a default, such holder shall have access to the Demised
Premises.
Section 4. Mechanic's Liens. The Lessee agrees to discharge immediately (either by
payment or by filing of the necessary bond, or otherwise) any mechanic's, material men Is, or
other lien against the Demised Premises and/or the Lessor's interest therei►i, which liens may
arise out of any payment due for, or,purported.to be due for,any labor, services, material,
supplies, or equipment,alleged to have been furnished.to or for the Lessee in, upon or about the
Demised Premises.
Section 5. No Brokerage.. Lessee represents and warrants that it h.as dealt with no
broker in connection with the Lease of this property. ':The Lessee further covenants that if, as.a
result of its conduct with.any real estate broker,,a tee on this Lease.shall be payable, the Lessee
shall make said payment of fee forthwith and bold the Lessor harmless and indemnified
therefrom. Rene L. Poyant, Inc:,.is acting solely as manager of the shopping center and not as a
real estate broker.
Section 6. Definition of,Additional Kent, Without limiting any other provisions of this
Lease, it is expressly understood and agreed that all rent,Lessee's participation in real estate
taxes, common area charges, insurance and.all other charges which.Lessee is required to pay
hereunder: or to reimburse the.Lesser therefor, together with all interest and penalties that may
accrue thereon, shall be deemed to be additional (but not minimum) rent, and, in the event of
1.2
non-payment thereof by the Lessee,the I..,esso.r shall have all of the rights and remedies with
respect thereto as would accrue to the L,;essor for non-payment of the minimum rent.
:Section 7. Lessor's Fees and;Expenses. In the event of default by the Lessee..the Lessee
will pay to the Lessor reasonable attorney's. fees and expenses paid or incurred by the.Lessor for
enforcing the terms,.provisions, covenants, conditions and agreements, or any of them:herein
contained, including reasonable attorney's fees,incurred in proceedings to collect rent or to evict
the Lessee.
Further, if the Lessee shall request the Lessor's consent of or joinder to any instrument
pertaining to this Lease, the.Lessee:agrees to reimburse the Lessor forthwith for the legal fees
incurred by the Lessor in processing such request; whether or not the Lessor complies therewith;
and, if the Lessee.shall fail to so promptly reimburse the Lessor, the same shall be deemed to be a
default in Lessee's monetary obligations under this Lease..
Section 8. 'invalidity of Particular Provisions. If any terms of this Lease or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Lease or the application of such term or provision to persons
or circumstances other than those as to which it is held invalid or unenforceable shall not be
affected thereby-, and each term.and provision of this Lease shall be valid and be enforced to the
fullest extent permitted by law.
Section 9. Provisions Binding, Etc.. Except as herein otherwise expressly provided, the
terms hereof shall be binding upon and shall inure to.the benefit of the successors and assigns,
respectively, ol.the Lessor and the'Lessee. Each term and each provision of this Lease to be
performed by the Lessee shall be construed to be both a covenant and a condition.
Section 10.{governing Law. This.Lease shall be governed exclusively by the provisions
hereof and by the laws of the.Commonwealth of Massachusetts as the same may from time to
time exist.
Section 11. Recording. The Lessee agrees not to record the within Lease; but each party
hereto agrees, on request of the other, to execute a Notice of Lease in recordable form and
complying with applicable Massachusetts laws and reasonably satisfactory to the Lessor's
attorneys. In no event shall such document.set forth the rental or other charges payable by the
Lessee.under this Lease;and any such document shall expressly state that it is executed pursuant
to the provisions contained in this:Lease and is not intended to vary the terms and conditions of"
this Lease.
Section 1.2. Notices.: Whenever in this Lease it shall be required or permitted that notice
or demand be given or served by either party to this Lease to the other, such notice or demand
shall.be. given,or served.and shall not be deemed to have been duly given or served unless in
writing and forwarded by certified or registered mail addressed as follows: to the Lessor,c/o
Marcel R. Poyant, 20.F Camp Opechee Road: Centerville,Massachusetts 02632 or to the Lessee,
at 1686Falmouth Road, Centerville,,Massachusetts 02632.
13
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Section 13.Lessor's Inspect ion.and Placement of"For Lease" Sign.
(a)The Lessee>shall.permit the Lessor. his agents, employees and contractors, to enter the
Demised Premises and all parts thereof during business hours to inspect or repair the same and to
enforce or carryout any provisions of this Lease.
(b) The Lessor;shallHave tlme right to exhibit a"For Lease" sign on the exterior clapboard
of the Demised Premises during the:last One Hundred Eighty (180) days of this Lease.
Furthermore, the I.,essgr shall be permitted to show the Demised Premises.to prospective tenants
during reasonable business Hours.
Section 14. Oration To Renew. The Lessee; have the right to extend the term of this
I.xase for one (1) additional three-year term on the same.terms; covenants and conditions as are
herein contained, except for(a)the minimum rent, which shall be calculated pursuant to the
provisions of the following paragraph and(b)the security deposit, which shall be.increased to
Eight Hundred and 00/1.00 ($800.00) Dollars by Lessee's payment to Lessor at the time of
exercise of said right to extend the sum of'Two Hundred Twenty-five and 00/100 ($225.00)
Dollars. Such right to extend shall be exercised by written.notice delivered to the Lessor at least
One 1lundred Eighty (180) days prior to.the expiration of the term hereof. Notwithstanding the
above, it is understood and agreed that the Lessee shall have no right to so extend the term of this
Lease if the Lessee is then in default of this Lease.
The minimum rent to be paid by the.Lessee to the Lessor during said three (3)year
extended term of this Lease shall be Twenty-eight Thousand Eight.Hundred and.00/1.00
($28,800.00)Dollars, payable as follows; Commencing on May 1, 2021,the.Lessee shall make
thirty-six(36) consecutive monthly payments to Lessor in the amount of Eight Hundred and.
00/100($800.00)Dollars pe.r.month, each said payment due on the first day of each calendar.
month during the term thereof.
Section B. Lease.Subordinate to..Mortgages,late.. The rights of the I,e:ssee under this
Lease are hereby made.subject and subordinate to all mortgages and encumbrances of record-now
or hereafter placed upon the:Demised.Premises by the Lessor,
Section 16. Modification of Lease. It.is understood.and agreed that no modification or
extension of this Lease shall be binding.unless endorsed hereon by the parties hereto, which
endorsement shall be properly executed in.the same manner as the original.Lease.
Section 17. Titles or'Ileadings.Not Part of Agreement. It is mutually understood and
agreed.that the titles or headings:of the.articles and.Sections of,this Lease are intended for
purposes of identification only;and arej not to be construed;as part of the agreement between the
parties.
14
IN WI":1'NESS WHEREOF,the parties hereunto and to another instrument of like tenor,
have set their hands and seals on the day and year first above written.
Landlord Tenant
Centerville Shopping Center I Appeessodes, LI.,C
Nominee"Trust.
By
Ma cel R..Ppyant, Tr . ee Ehind Ben-Harosh; Manager
15
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(GUARANTY
FOR VALUE RF,CEIVED, and in for and as an inducement to the Lessor
named in that certain Lease of Commercial Property of.even date,'by and between Centerville
Shopping Center. I Nominee;Trust, as Lessor, (hereinafter referred to as "Lessor")and
Appcessories, LLC, as Lessee. (hereinafter referred to as "Lessee") of the premises.known as
1686 Falmouth Road, Centerville, Massachusetts, (hereinafter referred to as:the "L.ease"),,to
make the Lease with the.Lessee,:the undersigned, Ehud Ben-Harosh, of 6 Smith Terrace,
Braintree,Massachusetts.02184 (here inafter.referred to as the"Guarantor"), unconditionally
guarantees the full performance and observance of all the covenants, conditions and agreements
therein provided to be performed and observed by the Lessee and/or its successors and assigns,
and expressly agrees that the validity of the lease and the:obligations of the Guarantor hereunder
shall in no way be terminated, affected,or impaired-by reason of the-granting by the Lessor of
any indulgences to the.Lessee or by reason of the assertion by the Lessor against the Lessee of
any of the rights or remedies reserved to the Lessor pursuant to the provisions of the within Lease
or by the.relief of the Lessee from any of the Lessee's obligations under the Lease by operation of
law or otherwise (including,but without Iiinitation,the rejection:of the Lease ill connection with
proceedings under the bankruptcy Im now or hereafter enacted); the undersigned hereby
waiving all:suretvship defenses.
The undersigned further agrees:that his liability shall he primary and that in any right of
action which shall accrue to the Lessor under the Lease., the L,essor.may, at the Lessor's.option,
proceed against the undersigned and the Lessee,jointly or severally, and may proceed against the
undersigned without having commenced any action against or having any'udgment against the
Lessee; and.that, in.any such action, the Lessor shall be entitled to reimbursement from the
Guarantor for any and all costs relating thereto, Deluding reasonable attorneys' fees.
It is agreed that the failure of the.Lessor to insist in any one or more:instances upon a
strict,performance or observance of any of the terms,provisions, covenants or rights of the Lease
or to exercise any right therein contained, shall not be construed or deemed,to be a waiver or
relinquishment for the future of such terms,.provisions, covenants or rights; but'the same shall
continue and.remain:in full force and effect: Receipt by the Lessor of rent or other charges with
'knowledge of the breach ofany provision of the foregoing Lease shall not be deemed a waiver of
such breach.
No subletting, assignment or other transfer of the Lease, or any interest therein; shall
operate to extinguish or diminish the liability of the undersigned Guarantor under this Guaranty;
and whenever-reference is made to the liability of the Lessee named in the Lease, such reference
shall be deemed likewise to refer to the undersigned Guarantor.
It is further agreed that all of the terms and provisions hereof shall be binding upon the
heirs, executors administrators and assigns'of the undersigned and shall 'inure to the benefit of
the successors and.assigns of the Lessor.
WITNESS the execution hereof, under sea], in anv number of counterpart copes, each of
which shall. be deemed an original for all purposes, as of this ay of 2019:
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