|
<br />N
<br />G
<br />G
<br />U1
<br />G
<br /><D
<br />C):l
<br />0)
<br />+:>.
<br />
<br />('\
<br />X
<br />m ,~:>
<br />n ~3
<br />" ..-.ro
<br />:ORDING REQUESTED BY AND ",I
<br />,...... c.:..-:>
<br />EN RECORDED RETURN TO: ::Al ~\ \, .'::"J
<br />) WYNNE, ESQ. ~~;, L': ---4
<br />C TJX COMPANIES, INC. c,-
<br />b ""i'1
<br />COCHITUATEROAD 'let '''.7
<br />.MINGHAM, MA 01701 . l::- In ~.
<br />,:Ix <:'0 -I"YlL' ~J l/, 2 0 0 5 0 9 8 6 if ~;~ 0'
<br />170 (o<;.h;tj).ll-h-~MORANDUM OF LEASE \,I) S' :::;
<br />Fa,('Yn"""'~w\' Iv A \'
<br />u I ~
<br />THIS MEMORANDtfM: ~F LEASE, made and entered into as of the 23rd <.Jl
<br />day of May, 2005, by and between 281 & OLD POTASH LLC, a Nebraska limited liability
<br />company (the "Landlord"), and THE TJX COMPANIES, INC., a Delaware corporation (the
<br />"Tenant"), provides:
<br />
<br />.....c
<br />
<br />:D
<br />::3
<br />
<br />1. Lease. The provisions set forth in a written lease between the parties hereto dated as
<br />of May 23,2005 (the "Lease") are hereby incorporated by reference in this Memorandum.
<br />
<br />2. Demised Premises. The Demised Premises are more particularly described as
<br />follows:
<br />
<br />The Demised Premises consist of a portion of a one~story building, to be
<br />constructed by Landlord as herein provided, and contain approximately twenty six thousand
<br />(26,000) square feet of floor area having a frontage and width of approximately one hundred
<br />thirty (130) feet and other dimensions as shown and labeled Area A upon the plan attached to the
<br />Lease. The Demised Premises are a portion of the Shopping Center land more particularly
<br />described in Schedule A attached hereto as a part hereof. In addition, the Tenant shall have the
<br />exclusive right to use certain service areas adjacent to the Demised Premises which contain an
<br />exterior loading dock and trash storage area.
<br />
<br />3. Term and Option to Extend Term. The original term of the Lease shall be the
<br />period often (l0) years and a fraction of month commencing on the Commencement Date (as
<br />described below) and terminating on the last day of the month during which the tenth (lOth)
<br />anniversary of the Commencement Date shall occur, except, however, that if the Commencement
<br />Date shall be a first day of a calendar month then the original term of this lease shall be the
<br />period of ten (10) years commencing on the Commencement Date and terminating on the day
<br />prior to the tenth (10th) anniversary thereof.
<br />
<br />Tenant shall have the right, at its election, to extend the term of the Lease for
<br />four (4) extension periods of five (5) years each, each commencing upon the expiration of the
<br />original term, or the original term as thus previously extended. In addition, Tenant shall have the
<br />right, at its election, to extend the original term, or the original term as it may have been
<br />previously extended as aforesaid, an extension period of a fraction of a year ending upon the
<br />January 31 st next following the expiration of the original term, or the original term as previously
<br />extended, as the case may be. Such extensions shall be granted upon the terms and conditions set
<br />forth in the Lease.
<br />
<br />4. Commencement Date. An "Opening Day" shall be any Monday through Friday
<br />(except for legal holidays) between April I and the following May 15, and between August 20
<br />and the following November 10. The "Commencement Date" shall be the first Opening Day
<br />after the later to occur of the following dates:
<br />
<br />(I) the twenty~fifth (25th) day after the completion of Landlord's Construction Work,
<br />receipt by Tenant of notice of such completion from Landlord; and
<br />
<br />(2) the day after a store shall open for business to customers in the Shopping Center
<br />under the trade name Kohl's (or a replacement therefore pursuant to Section 4.7(B) of the Leal';e)
<br />containing not less than sixty eight thousand (68,000) square feet of floor area under a lease for a
<br />tenn having not less than ten (10) years thereafter remaining, which shall be non-cancelable
<br />except for events such as are set forth in Articles X, XI and XIII of the Lease, and satisfactory
<br />evidence of all ofthe foregoing shall have been delivered to Tenant; and
<br />
<br />(3) the twenty~fifth (25th) day after Landlord shall have delivered to Tenant all of the
<br />fully executed and acknowledged instruments referred to in Paragraph 8 of Schedule B to the
<br />Lease; and
<br />
<br />(4) the tenth (lOth) day after Landlord shall have delivered to Tenant a current
<br />certificate of occupancy (or its equivalent depending on the jurisdiction) for the Demised
<br />Premises, if the same shall be issuable in accordance with local law or custom. Notwithstanding
<br />
<br />""~
<br />
<br />o (j)
<br />o .-1
<br />C J:l"
<br />~ ~,..~
<br />~ Pl
<br />-< C:'",
<br />C) -'"I
<br />...1.....
<br />
<br />;::w-
<br />
<br />r
<br />r- J.'~
<br />0'.'~
<br />:;><:
<br />:r;...
<br />
<br />--
<br />
<br />(,/')
<br />(J)
<br />
<br />""ti
<br />c::> ::'J
<br />Ntir
<br />C)~
<br />~~
<br />
<br />-
<br />c.::> :J
<br />CDg
<br />CD3
<br />cn~
<br />.....c r+
<br />2
<br />('"
<br />
<br />.5 3,0-0
<br />
|