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HomeMy Public PortalAboutAHOLD consent letter_201308230902070402 CIPAhold USA c/o The Stop&Shop Supermarket Company LLC 1385 Hancock Street Quincy,MA 02169 May�J 2013 Home Depot U.S.A. New England Division Office 15 Dan Road Canton,MA 02021 Re: Location No. 1352 Consent re: Penske Truck Parking 615 Arsenal Street,Watertown,MA;Home Depot Store No. 2602 Dear Sir or Madam: Reference is made herein to that certain Construction,Operating&Reciprocal Easement Agreement dated November 15, 1983(the"COREA")by and among Watertown Arsenal Associates("Developer"),Ann&Hope Watertown Associates("Realty")and Ann&Hope Marketplace,Inc. (either"Realty or Ann&Hope"). Further reference is herein made to a certain Supplemental Agreement dated February 19,2001 (the"Supplemental Agreement")by and among EDF Watertown,LLC("Landlord")and The Stop&Shop Supermarket Company("Stop &Shop")and Home Depot U.S.A.,Inc. ("Home Depot"). All capitalized terms used herein without definition shall have the meanings ascribed to them in the COREA and Supplemental Agreement. Specific reference is made herein to the COREA and Supplemental Agreement,which provides in part that consent of the Parties is required before any changes can be made to the parking layout or pattern of traffic flow or access within the Common Areas therein.Home Depot is seeking consent to lease twelve(12)parking spaces to be located within the area marked "Location of Penske Trucks"on the attached Exhibit A(the"Parking Space"),to Penske Trucking for the purpose of parking rental vehicles,pursuant to the terms of the COREA as modified by the Supplemental Agreement. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Stop&Shop hereby consents to Home Depot's use of the Parking Space for the purpose of parking rental vehicles. Stop&Shop's consent herein is subject to the following conditions: 1. Home Depot shall use commercially reasonable efforts to ensure that the Parking Space shall be kept safe,clean and clear from all debris and trash,any cost of enforcement shall be Home Depot's sole cost and expense and shall not be reimbursable by Stop&Shop pursuant to Section 6.3 of the Supplemental Agreement;and 2. the Parking Space shall only be located within the area labeled"Location of Penske Truck"as set forth on the attached Exhibit A; and 3. in no event shall more than twelve(12)trucks shall be located in the Parking Space at any given time. The foregoing agreement by Stop&Shop shall apply solely to the use of the twelve(12)parking spaces located on Exhibit A,hereto,consistent with the terms hereof and the COREA as amended by the Supplemental Agreement.This consent agreement in not intended,nor shall it be deemed or construed,to be consent to the operation of any other type of businesses in the Parking Spaces. Should the size,location, style,type,name,operator,use of said Parking Spaces differ from that contemplated by this consent agreement, Stop&Shop shall require said changes to be presented to it for its consent in accordance with its rights under the Lease. Except as expressly consented to herein,none of the covenants,terns, obligations and conditions of the COREA or Supplemental Agreement,including without limitation,the exclusives, restrictions,prohibitions or requirements contained in the COREA or Supplemental Agreement, shall be deemed waived,supplemented or modified hereby,and all of said covenants,terms, obligations and conditions shall remain in full force and effect. Nothing herein shall be deemed to be an agreement by Stop&Shop that any occupant of the Parking Space is permitted to conduct any other uses in the Parking Spaces that violate,or cause Home Depot to breach,any provisions of the COREA or Supplemental Agreement.Any failure of Stop&Shop to complain of any act or omission on the part of the Home Depot,or anyone claiming,by,through or under the Home Depot(however long the same may continue),shall not be deemed to be a waiver of any rights hereunder. Kindly indicate your acknowledgement of and agreement to the foregoing by dating and countersigning the enclosed originals of this consent agreement in the space provided below and returning one(1)fully-executed original to the attention of Julia D. Commesso,Senior Real Estate Paralegal for Ahold USA,Inc.,c/o The Stop&Shop Supermarket Company LLC at 1385 Hancock Street,Quincy,Massachusetts 02169,upon receipt of which the terms and conditions contained herein shall be deemed to be of full force and effect. The failure to return this letter agreement fully-executed as requested within thirty(30)days of the date hereof shall result in the consent and waiver granted herein null and void. -2— For good and valuable consideration,the receipt of which is hereby acknowledged,the undersigned accepts and agrees to the foregoing this 20--day of May,2013. THE STOP&SHOP SUPE 'PANY LLC �/ rl lBUSI E _ `Y-f-�. - 9.' Name: Timothy ahTitle: i Senior Vic Pre Real Estate Development For good and valuable consideration;the receipt of which is hereby acknowledged,the undersigned accepts and agrees to the foregoing this 74"-Iday of May,2013.4 EDF WATER�OWN LLC v� ~ Name:—L>oie-1 Z"•-boh tea[ Title: 1 kOroo3aC" c ,- ►deal +h&-+'Z acre -I�c4 and a re - ©C44 all not i� , or' be g 5kUej as a unde.�s� ned s�» �y n� d r- Cc�E� 5+a-ba� -I s-� nO 0 ' conse s e - kQ, reP�:sen -- ff , a(C- "Itoi«O• -3- Hof J)"ei ou 4; nil oil,IN I OEM I A now RAI Ir-N,I Kill 1014 wa=-