01/06/2020 BOARD OF SELECTMEN Agenda Packet

Home Browse Search

EXEnIT D PROVISIONS REGARDING USE of SIDEWALK AREA AND PATIO If Tenant is granted permission by Landlord, in writing, to use the sidewalk area in Front of the Premises (the "Sidewalk Area") for selling purposes (see Section 5.1(c) above), or, if there is a patio area appurtenant to the Premises which Landlord intends to be used by Tennant for outdoor cafe seating in connection with the use of the Premises(a"Patio"), then any such use shall comply with the terins and standards set forth below. Use o1'Sideit1rr11(,4rea,Tenant's use of the Sidewalk Area shall be subject to the following tenus and conditions: (a) The Sidewalk Area may be used only for the purpose of sideway sales up to four (4) times per calendar year,not to exceed four(4)days per event. Prior to each sidewalk sale,Tenant shall secure Landlord's prior approval as to the dates of such sale. (b) Tenant shall, at its sole cost and expense, obtain any pennnits and approvals necessary for the use of the Sidewalk Area for such sidewalk sales. e} Tenant's maintenance, repair, insurance and indenviif ication obligations set f6 th in this Lease with A respect to the Prennrses shall apply, in.full, to Tenant's use of the Sidewalk Area,just as though the Sidewalk Area were also part of the Premises. (d) Tenant's right to use the Sidewalk Area shall be subject to reasonable rules and regulations established by Landlord with respect- thereto and. Tenant's failure to comply with such rules and regulations shall constitute a default under this Lease. (e) The Sidewalk Area shall be maintained by Tenant in a neat,clean and orderly condition and all litter; and other debris shall be reinoved promptly therefrom. (f) The use by Tenant of the Sidewalk Area shall not result in any material and adverse hiterference with the operation of the Shopping Center, In no event shall Tenant obstruct pedestna.n traffic on, over or aeross the sidewalk. Pur-thet-more, in the event Tenant's use of the sidewalks becomes a nuisance or detriment to the Shopping Center or in the event a third party tenant should complain of Tenant's use of the sidewalks, then Landlord may require, Tenant to remove all of its merchandise promptly upon written notice, and thereafter Tenant shall have no further right to use any portion of the Sidewalk Area for its outdoor sales. Use o f'Patio.4rcoa. Tenant's use of the Patio shall be subject to the following tenns and conditions: (a) Tenant shall, at its sole cost and expense, obtain any permits and approvals necessary for the use of the Patio; (la) Tenant's maintenance, repair, hisurance and indemnification obligations set forth in this Lease with respect to the Premises shall apply,in full,to Tenant's use of the Patio,just as though the Patio were part of the Premises; (c) Tenant's right to use the Patio shall be subject to reasonable rules and regulations established by Landlord with respect thereto and Tenant's failure to comply with such rules and regulations shall constitute a default under this Lease; (d) The Patio shall be maintained by Tenant in a neat, clean and orderly condition and all litter and other debris shall be removed promptly therefrom; and (e) The use by Tenant of the Patio shall not result in any material and adverse interference with the operation of the Shoppisng Center. OCT I% is