Matters ▸ Attachment
Grove St Pkg-Somerville 3rd Amend 04-29-2024 — File 24-0720
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S:\Ext&Amen-Dana\Grove St Pkg Somerville 3rd Amend 04-29-2024
THIRD AMENDMENT TO LEASE AGREEMENT
This Third Amendment to Lease Agreement is made by and between Dana Family Series,
LLC, a Delaware limited liability company, and the Herman Dana Foundation, LLC, a
Massachusetts limited liability company, as present Landlord (the “Landlord”), and the City of
Somerville, Massachusetts, a municipal corporation, as Tenant (the “Tenant”).
RECITALS:
A. Reference is hereby made to a written lease dated March 27, 2018 between Dana Family
Series, LLC, a Delaware limited liability company, and the Herman Dana Foundation,
LLC, a Massachusetts limited liability company, as landlord, and said City of Somerville,
as tenant, of the vacant land shown as Lots 1 and 2 and known as 6-8 and 12 Grove Street,
Somerville, Massachusetts and the adjacent vacant land shown as Lot 3 substantially as
indicated on the plan attached to said Lease entitled Exhibit A, a copy of which is also
attached hereto and incorporated herein by reference, as amended by First Amendment to
Lease Agreement dated June 14, 2022 and Second Amendment to Lease Agreement dated
August 16, 2023 (herein collectively called the “Lease”).
B. The term of said Lease will expire on June 30, 2024, and the Tenant has no rights of
extension or renewal.
C. The Tenant has requested an extension of the lease term.
D. The Landlord is willing to accede to the Tenant’s said request subject to certain terms and
conditions.
AGREEMENTS:
In consideration of the mutual covenants contained herein and for other good and sufficient
consideration said Landlord and Tenant hereby agree as follows:
1. The prefatory recitals are incorporated herein by reference.
2. Capitalized terms used in this Agreement and not otherwise defined shall have the
meanings ascribed to such terms in the Lease.
3. The term of said Lease is hereby extended for the one (1) year period commencing July 1,
2024 and terminating June 30, 2025 (the “Extended Term”).
4. For and with respect to said Extended Term the Base Rent shall be the annual rental of
Forty Thousand Three Hundred Four and 76/100 Dollars ($40,304.76) payable by the
Tenant to the Landlord in equal monthly installments in advance of Three Thousand Three
Hundred Fifty-Eight and 73/100 Dollars ($3,358.73) on or before the first day of every
month.
5. This Agreement may be executed in any number of counterparts, or by each party on
separate counterparts, with the same effect as if all parties hereto had signed the same
document. All such counterparts shall be construed together and shall constitute one
instrument, but in making proof hereof it shall only be necessary to produce one such
counterpart. Delivery by electronic mail file attachment or by facsimile transmission of any
executed counterpart of this Agreement shall be deemed the equivalent of the delivery of
the original executed instrument.
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6. Said Lease, as herein amended, is ratified and confirmed in all respects.
Executed as an instrument under seal as of __________________, 2024.
LANDLORD:
Dana Family Series, LLC
Herman Dana Foundation, LLC
By:
By:
Myer R. Dana, Manager
Myer R. Dana Manager
Hereunto Duly Authorized
Hereunto Duly Authorized
1340 Centre Street, Suite 101
Newton, MA 02459
Myer Dana and Sons, Agents LLC
Tax ID #04-6206558
TENANT
City of Somerville
I hereby certify that the total contract amount is $40,304.76 and that the total
unencumbered balance of said amount is available for the fiscal year commencing
July 1, 2024 for the purposes of this contract.
Edward Bean, City Auditor
Katjana Ballantyne, Mayor
Angela M. Allen
Suzanne Rinfret
Chief Procurement Officer
Director of Parking
APPROVED AS TO FORM:
Cynthia Amara, City Solicitor
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EXHIBIT A