MassDOT Service Plazas - RFP Form of Lease Appendix H Addendum 3.pdf

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APPENDIX H

PROHIBITED USES

As a material inducement to MassDOT in the execution and delivery of this Lease, the Operator expressly agrees that it shall not use the Service Plazas, or permit the Service Plazas to be used, for the following uses and/or for the sale of the following products except as (a) contemplated in the Master Revitalization Plan and the Plaza Management Plans approved by MassDOT, (b) incorporated in this Appendix H, as amended from time to time in accordance with the Lease, and (c) otherwise agreed to by MassDOT in its discretion:

1. Any use which emits or results in strong, unusual or offensive odors, fumes, dust or vapors, is a public or private nuisance, emits noise or sounds which are objectionable due to intermittence, beat, frequency, shrillness or loudness, creates a hazardous condition, or is used, in whole or in part, as or for warehousing or the dumping or disposing of garbage or refuse (except, in each case, in connection with the Revitalization Work in accordance with this Lease);

2. Any operation primarily used as a storage facility (except with respect to truck trailer storage) and any assembling, manufacturing, distilling, refining, smelting, agricultural, or mining operation;

3. Any “second hand” store or “surplus” store;

4. Any mobile home park, trailer court, labor camp, junkyard, or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction, or maintenance);

5. Any dumping, disposing, incineration, or reduction of garbage (exclusive of trash compactors or trash containers located near the rear of any building);

6. Any fire sale, bankruptcy sale (unless pursuant to a court order), auction house operation, fictitious going-out-of-business sale, lost-our-lease sale or similarly advertised event;

7. Any central laundry, dry cleaning plant, or laundromat (except that laundry equipment and services in commercial trucker facilities provided in accordance with this Lease or drop-off/pick-up for offsite laundry services shall be permitted);

8. Any automobile, truck, trailer, boat, or recreational vehicle body shop repair operation;

9. Any veterinary hospital or animal raising or boarding facilities;

10. Any mortuary or funeral home;

11. Any “pornographic use”, which shall include, without limitation: (x) a store displaying for sale or exhibition books, magazines or other publications containing any combination of photographs, drawings or sketches of a sexual nature, which are not primarily scientific or educational; or (y) a store offering for exhibition, sale or rental video cassettes or other medium capable of projecting, transmitting or reproducing, independently or in conjunction with another device, machine or equipment, an image or series of images, the content of which has been rated or advertised generally as NC-17 or “X” or unrated by the Motion Picture Rating Association, or any successor thereto, or any comparable rating by any similar organization; or (z) a massage parlor;

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12. Any so-called “head shop”, or other establishment primarily selling or exhibiting drug-related paraphernalia;

13. Any catering or banquet hall (except that catering provided pursuant to the Master Revitalization Plan and the Plaza Management Plans approved by MassDOT shall be permitted);

14. Any flea market, night club, discotheque, or dance hall;

15. Any gambling facility or operation, including: off-track or sports betting parlor; table games such as black-jack or poker; slot machines; video poker/black-jack/keno machines or similar devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to governmental sponsored gambling activities, or charitable gambling activities, so long as such governmental and/or charitable activities are incidental to the business operation being conducted by the occupant;

16. Any unlawful use;

17. Any pawn shop, bail bondsman, gun shop (not including a general sporting goods store) or tattoo parlor;

18. Any church or other place of religious worship;

19. Any car wash, automobile repair shop, or any business servicing motor vehicles in any respect, including, without limitation, any quick lube oil change, tire service center or gasoline or service station or facility; except (a) for any truck fueling or maintenance contemplated by the Master Revitalization Plan and the Plaza Management Plans approved by MassDOT or this Lease or

(b) to the extent provided as a service to commercial truckers, which, in the case of (b) may be permitted upon written consent of MassDOT;

20. Any outdoor carnival, amusement park or circus;

21. Any manufacturing use (not ancillary to a retail use);

22. Any facility related to the occult sciences, such as palm readers, astrologers, fortune tellers, tea leaf readers or prophets;

23. Offices or agencies of any foreign government or political subdivisions thereof or any other party enjoying sovereign or diplomatic immunity (in whole or in part);

24. Any business or activity that violates the then-existing certificate of occupancy for the Service Plazas;

25. Any storage of Hazardous Substances on-site, other than Hazardous Substances generated by or required for routine operations and temporary construction activities that are handled, stored and disposed of in accordance with Applicable Law;

26. Any storage of solid waste, other than waste generated by routine operations and temporary construction activities;

27. Any use prohibited by a Permitted Encumbrance;

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28. Any sale or consumption of any intoxicating or alcoholic beverages or any fermented ale, wine, liquor or spirits; or

29. Any use that would make void or voidable any insurance required to be in force under this Lease with respect to the Service Plazas.