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HomeMy WebLinkAbout228 Route 28 Signed Land Lease Weekends ONLY 11.01.25COMMERCIAL LEASE Indenture of Lease made as of the 01st day of November 2025 (Weekends ONLY), by and between A Plus Real Estate, LLC., 206 Barnstable Road, Hyannis, Massachusetts, (hereinafter referred to as "Landlord") and Michelle Jean Baptiste / Cape Bloom Floral Design Boston Massachusetts, (hereinafter referred to as "Tenant"). Background A. This is an agreement (The Agreement’) for the ground lease of real property according to the terms set out below. B. The Landlord, the Tenant and the Site are as set out in Schedule 1 of this Agreement. C. Collectively, the Landlord and Tenant will be referred to as ‘The Parties’. D. The Effective Date is set out in Schedule 1 of this Agreement. E. Landlord owns and desires to lease to Tenant, and Tenant desires to lease, the Site; and NOW, THEREFORE for good and valuable consideration stated herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: Agreement to Lease 1. Landlord agrees to lease to Tenant and Tenant agree to lease from Landlord, according to the terms and conditions set forth herein, the real estate described in Schedule 1 (Vacant lot located at 228 Route 28, West Yarmouth Ma 02673.). Purpose 2. The Site may be used and occupied only for the following purposes (Holiday spirit Retail / Entertainment on weekends) set out in Schedule 1. Nothing herein shall give Tenant the right to use the Site for any other purpose without the prior written consent of Landlord. Landlord makes no representation or warranty regarding the legality of the Permitted Use, and Tenant will bear all risk of any adverse change in applicable laws. Term 3. This Agreement will be for a term beginning at 01st of November 2025 and ending at 28th of Decamber 2025. The Parties hereto may elect to extend this Agreement upon such terms and conditions as may be agreed upon in writing and signed by the Parties at the time of any such extension. Rent 4. Tenant will pay Landlord rent in $250/Weekley (Two hundred per weekend “Businesses Operate on Saturday and Sunday Only) on the Rent Payment Schedule set out in Schedule 1. Late Fee 5. Rent to be paid on 10/31/2025 Taxes 6. Landlord shall pay real estate taxes or assessments which are levied or charged on the Site during the Term. Utilities 7. Tenant shall pay the cost of all utility services during the Term, including but not limited to gas, water, dumpsters, rent toilets, trailer waste tanks and electricity used on the Site. Delivery of Possession 8. Landlord will deliver exclusive and lawful possession of the Site to Tenant on the start date of the Term. In the event Landlord is unable to give possession of the Site to Tenant on such date, Landlord will not be subject to any liability for such failure, the validity of this Agreement will not be affected, and the Term will not be extended. Tenant will not be liable for rent until Landlord gives possession of the Site to Tenant; provided however, that if Landlord does not give possession of the Site to Tenant within 14 days from the start of the Term, Tenant may cancel this Agreement by notice in writing to Landlord. Holdover Tenancy 9. Unless this Agreement has been extended by mutual written agreement of the Parties, there will be no holding over past the Term under the terms of this Agreement under any circumstances. If Tenant does retain possession past the Term, Tenant shall pay 150% of the then applicable rent computed on a monthly basis for each month or portion thereof during such holdover. In addition, Tenant shall be liable for any damages incurred by Landlord because of the holdover. Condition of the Site 10. Tenant has examined the Site and accepts the Site in its current condition “as is” and “with all faults.” Except as expressly set forth herein, landlord makes no representation or warranty, express or implied, or arising by operation of law, including but not limited to, any warranty of fitness for a particular purpose, merchantability, habitability, suitability, or condition. Tenant acknowledges that Tenant has not relied on any representations or warranties by Landlord in entering this Agreement. The tenant should maintain the site and responsible for any damage or cleaning or repair fee if needed at the end of the lease period. Use of Site 11. Tenants agree to use the Site only for the Permitted Use on WEEKENDS ONLY and will not commit waste upon the Site. Tenant will, at its sole expense, maintain the Site in good repair and make all necessary repairs thereto. Tenants will not use the Site for any unlawful purpose or in any manner that will materially harm Landlord’s interest in the Site. Improvements and Alterations 12. Tenant may make improvements, alterations, additions, or other changes to the Site ONLY with the written approval of the Landlord. Tenant agrees that any additions will be performed in a good and workmanlike manner and will comply with all applicable laws. All improvements, alterations, additions, or other changes to the Site shall become the property of Landlord upon the termination of this Agreement. Tenants shall have the right to erect any sign related to their business. No Mechanics Lien 13. Tenant will not permit any mechanics or other liens to be filed against Landlord’s interest to the Site as a result of any work performed for or obligations incurred by Tenant. Tenant will indemnify Landlord for any liability, cost, or expense, including attorney’s fees, in the event any such lien is filed. Permits and Approvals 14. Tenants will be responsible for obtaining all licenses, permits, and approvals required by any federal, state or local authority in connection with its use of the Site. Landlord will cooperate with Tenant and provide the necessary documents to obtain such licenses, permits, and approvals. Compliance with Laws 15. Tenant covenants and agrees to comply with all federal, state and local laws, regulations and ordinances affecting the Site and use of the Site, including applicable environmental laws. In addition, Tenant will comply with all requirements necessary to keep in force fire and liability insurance covering the Site. Hazardous Substances 16. Tenants will not keep or store on the Site any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Site or that might be considered hazardous or extra hazardous by any responsible insurance company. Insurance 17. Insurance. At all times during the Term, Tenant will maintain insurance for the Site covering: a. Property Insurance. Property insurance covering all of Tenant’s improvements, equipment, and other personal property located on the Site. b. General Liability. Commercial liability insurance covering bodily injury, death, or property. c. Workers’ Compensation. Workers’ compensation and employee insurance in an amount not less than the amount required by law. d. Automobile Insurance. Tenants undertake to obtain automobile liability, collision and comprehensive insurance for any and all automobiles near the property. 18. All insurance policies, other than worker’s compensation, shall name Landlord as an additional insured or interested party. Tenant will provide Landlord certificates evidencing the required insurance policies prior to the start date of the Term. Indemnification 19. To the extent permitted by law, Tenant agrees to indemnify, defend, and hold harmless Landlord from any and all claims, actions, liabilities, suits, demands, damages, losses, or expenses, including attorneys’ fees, arising out of or relating to (i) Tenant’s use and occupancy of the Site, (ii) any work done by or on behalf of Tenant on the Site, (iii) Tenant’s negligence or willful misconduct, and/or (iv) Tenant’s breach or default of any of the terms of this Agreement, provided however, Tenant’s obligations under this section shall not extend to any claims actions, liabilities, suits, demands, damages, losses, or expenses arising from the sole negligence or willful misconduct of Landlord. Access to Site 20. Landlord or its agents may have access to the Site at reasonable times to inspect the Site, to make any necessary repairs, to show the Site to prospection lenders or buyers, and as otherwise needed to perform its obligations under this Agreement. Default 21. The following shall each constitute an “Event of Default” by Tenant: a. Tenant fails to make any required payment due under this Agreement. b. Tenant fails to perform any obligation or condition or to comply with any term or provision of this Agreement. c. Tenant files a petition for bankruptcy, reorganization or similar relief, or makes an assignment for the benefit of creditors. Termination by Landlord 22. Upon the occurrence of an Event of Default by Tenant which continues for a period of 28 days after receiving written notice of the default from Landlord, Landlord has the right to terminate this Agreement and take possession of the Site. Landlord’s rights hereunder shall be in addition to any other right or remedy now or hereafter existing at law or equity. Termination by Tenant 23. In the event of a breach by Landlord of any of its obligations, covenants, or agreements under this Agreement which continues for a period of 28 days after receiving written notice of the breach from Tenant, Tenant has the right to terminate this Agreement, upon written notice to Landlord, without penalty. Surrender of the Site 24. Tenant shall return the Site to Landlord upon termination of this Agreement in good condition and repair, ordinary wear and tear excepted. Within 10 days following the termination of this Agreement, Tenant will remove all equipment, materials, fixtures and other personal property belonging to Tenant from the Site. Any property left on the Site after 10 days following the termination of this Agreement will be deemed to have been abandoned by Tenant and may be retained by Landlord. Subordination 25. This Agreement and Tenant’s right hereunder shall be subject and subordinate in all respects to any mortgage, deed of trust, or other lien now or hereinafter incurred by Landlord. Upon request of Landlord, Tenant will enter into a subordination agreement or other customary form as required by the lien holder. No Partnership 26. Nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture or any other fiduciary relationship between the Parties other than that of Landlord and Tenant. Neither Party is authorized to act as an agent or on behalf of the other Party. Limitation of Liability 27. Landlord is not responsible or liable for any loss, claim, damage or expense as a result of any accident, injury or damage to any person or property occurring anywhere on the Premises. Assignment and Subletting 28. Tenant will not assign this Agreement as to all of or any portion or the Site or make or permit any total or partial sublease or other transfer of all of or any portion of the Site without Landlord’s consent. Notices 29. All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be delivered in person, sent by overnight courier service or sent via certified or registered mail, addressed to Landlord or Tenant at the address stated above, or to another address that either Party may designate upon reasonable notice to the other Party. Further Assurances 30. Each Party hereto agrees to execute and deliver any additional documents and to do all such other acts as may be necessary to carry out this Agreement and each Party’s rights and interests in this Agreement. No waiver 31. No Party shall be deemed to have waiver any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly in writing. Successors and Assignees 32. This Agreement will inure to the benefit of and be binding upon the Parties and their respective permitted successor and assigns. Governing Law and Disputes 33. The terms of this Agreement shall be governed exclusively by the laws of the State of Jurisdiction named in Schedule 1, without regards to its conflicts of laws rules. Any dispute arising from this Agreement shall be resolved in the courts of the same. Attorney’s Fees 34. If either Party brings legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover from the other Party its expenses (including reasonable attorneys’ fees) incurred in connection with the action and any appeal. Amendment 35. This Agreement may not be modified except in writing signed and acknowledged by both Parties. Counterparts 36. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together, shall constitute one and the same document. Headings 37. The section heading herein are for reference purposes only and shall not otherwise affect the meaning, construction, or interpretation of any provision in this Agreement. Entire Agreement 38. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to the Site. Schedule 1 Effective Date 11/01/2025 Tenant Name Michelle Jean Baptiste / Cape Bloom Floral Design Boston Massachusetts Tenant Address (if left blank, assumed to be the Site Address) Tenant Phone No. 25 Captain Besse Rd South Yarmouth MA 02665 7742123658 Tenant Email Address. Landlord Name A Plus Real Estate Landlord Address (This should be the Seller’s new address for correspondence purposes) 206 Barnstable Rd, Hyannis MA 02601 Landlord Phone No. 508-523-4388 Landlord Email Address emad@aplusclenacape.com Site Address Vacant lot of 228 Route 28, West Yarmouth Ma 02673 More particularly Rental Price for Property (in USD) $250/ Weekley Rent Payment Schedule for the Site (if not enough space, attach payment schedule as Exhibit A) Due on 10/31/2025 Permitted Use (if not enough space, attach Permitted Use Document as Exhibit B) Holiday spirit Retail / Entertainment on weekends Security Deposit Amount (in USD) $0 State of Jurisdiction Massachusetts Inquiry@capebloomfloraldesign.com Lease Start Date 11/01/2025 Lease End Date 12/28/2025 IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on the Agreement Date as specified in Schedule 1. ____________________________ ___________________________ Landlord Name Landlord Signature ____________________________ ___________________________ Tenant Name Tenant Signature ____________________________ ___________________________ Witness Name Witness Signature