HomeMy WebLinkAbout2024-10-08 Select Board PacketTown of Reading
Meeting Posting with Agenda
This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be dis cussed
at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting.
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2018-07-16 LAG Board - Committee - Commission - Council:
Select Board
Date: 2024-10-08 Time: 7:00 PM
Building: Reading Town Hall Location: Select Board Meeting Room
Address: 16 Lowell Street Agenda:
Purpose: General Business
Meeting Called By: Caitlin Nocella on behalf of the Chair
Notices and agendas are to be posted 48 hours in advance of the meetings excluding
Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk’s hours of
operation and make necessary arrangements to be sure your posting is made in an
adequate amount of time. A listing of topics that the chair reasonably anticipates will be
discussed at the meeting must be on the agenda.
All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted.
Topics of Discussion:
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7:00 Overview of Meeting
7:05 Public Comment
7:15 Select Board Liaison and Town Manager Reports
7:30 Close Warrant for State Election
7:45
New Liquor License: Farmer Series Pouring Permit
(Distillery) for New England Barrel Company at One
General Way, Unit 40
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Town of Reading
Meeting Posting with Agenda
This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be dis cussed
at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting.
Page | 2
8:00 Town Accountant Quarterly report
8:20 Discuss multi-unit tiered water rates
9:00 Update on American Rescue Plan Act (ARPA) Funds and
potential reallocation vote
9:10
Recreation and Reading Pickleball Players Association
(RPPA) Presentation and Discussion on Symonds Way Land
for Pickleball
9:20 Update on Downtown Parking Kiosk Rollout
9:30 Ad Hoc Commemorative Establishment Committee (ACE):
Discuss Select Board Designee Appointment
9:40 Future Meeting Agendas
9:50 Approve Meeting Minutes
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November 5, 2024
State Election Warrant
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, Laura A Gemme on October 11, 2024 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the
time specified by posting attested copies of this Town Meeting Warrant in the following public places
within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Reading Police Station, 15 Union Street
Precinct 3 Reading Municipal Light Department, 230 Ash Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Reading Public Library, 64 Middlesex Avenue
Precinct 6 Barrows School, 16 Edgemont Avenue
Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive
Precinct 8 Wood End School, 85 Sunset Rock Lane
Town Hall, 16 Lowell Street
The date of posting being not less than seven (7) days prior November 5, 2024 the date set for the
State Election in this Warrant.
I also caused an attested copy of this Warrant to be posted on the Town of Reading web site.
___________________________________
Town Clerk
A true copy Attest:
________________________________
Laura Gemme, Town Clerk
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COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
STATE ELECTION WARRANT
MIDDLESEX, SS.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of
the Town of Reading who are qualified to vote in the State Election to vote at
Precincts 1, 2, 3, 4, 5, 6, 7, and 8
Reading Memorial High School - Hawkes Field House - Oakland Road
on TUESDAY, THE FIFTH DAY OF NOVEMBER 2024 from 7:00 AM to 8:00 PM for the following
purpose:
To cast their votes in the 2024 State Election for the candidates for the following offices:
ELECTORS OF PRESIDENT AND VICE PRESIDENT ............................... FOR THESE UNITED STATES
SENATOR IN CONGRESS ................................................................ FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS ..................................................................... SIXTH DISTRICT
COUNCILLOR ................................................................................................ SIXTH DISTRICT
SENATOR IN GENERAL COURT ....................................................... FIFTH MIDDLESEX DISTRICT
REPRESENTATIVE IN GENERAL COURT .................................... TWENTIETH MIDDLESEX DISTRICT
REPRESENTATIVE IN GENERAL COURT ..................................... THIRTIETH MIDDLESEX DISTRICT
CLERK OF COURTS .................................................................................. MIDDLESEX COUNTY
REGISTER OF DEEDS ................................................ MIDDLESEX SOUTHERN COUNTY DISTRICT
REGIONAL SCHOOL COMMITTEE ..................................... NORTHEAST METROPOLITAN DISTRICT
QUESTION 1: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House
of Representatives before May 1, 2024?
SUMMARY
This proposed law would specify that the State auditor has the authority to audit the legislature.
A YES VOTE would specify that the State auditor has the authority to audit the legislature.
A NO VOTE would make no change in the law relative to the State Auditor’s authority.
QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House
of Representatives before May 1, 2024?
SUMMARY
This proposed law would eliminate the requirement that a student pass the Massachusetts
Comprehensive Assessment System (MCAS) tests (or other statewide or district-wide assessments)
in mathematics, science and technology, and English in order to receive a high school diploma.
Instead, in order for a student to receive a high school diploma, the proposed law would require the
student to complete coursework certified by the student’s district as demonstrating mastery of the
competencies contained in the state academic standards in mathematics, science and technology,
and English, as well as any additional areas determined by the Board of Elementary and Secondary
Education.
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A YES VOTE would eliminate the requirement that students pass the Massachusetts
Comprehensive Assessment System (MCAS) in order to graduate high school but still require
students to complete coursework that meets state standards.
A NO VOTE would make no change in the law relative to the requirement that a student pass the
MCAS in order to graduate high school.
QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House
of Representatives before May 1, 2024?
SUMMARY
The proposed law would provide Transportation Network Drivers (“Drivers”) with the right to form
unions (“Driver Organizations”) to collectively bargain with Transportation Network Companies
(“Companies”)-which are companies that use a digital network to connect riders to drivers for pre-
arranged transportation-to create negotiated recommendations concerning wages, benefits and
terms and conditions of work. Drivers would not be required to engage in any union activities.
Companies would be allowed to form multi-Company associations to represent them when
negotiating with Driver Organizations. The state would supervise the labor activities permitted by
the proposed law and would have responsibility for approving or disapproving the negotiated
recommendations. The proposed law would define certain activities by a Company or a Driver
Organization to be unfair work practices. The proposed law would establish a hearing process for the
state Employment Relations Board (“Board”) to follow when a Company or Driver Organization is
charged with an unfair work practice. The proposed law would permit the Board to take action,
including awarding compensation to adversely affected Drivers, if it found that an unfair work practice
had been committed. The proposed law would provide for an appeal of a Board decision to the state
Appeals Court. This proposed law also would establish a procedure for determining which Drivers are
Active Drivers, meaning that they completed more than the median number of rides in the previous
six months. The proposed law would establish procedures for the Board to determine that a Driver
Organization has signed authorizations from at least five percent of Active Drivers, entitling the Driver
Organization to a list of Active Drivers; to designate a Driver Organization as the exclusive bargaining
representative for all Drivers based on signed authorizations from at least twenty-five percent of
Active Drivers; to resolve disputes over exclusive bargaining status, including through elections; and
to decertify a Driver Organization from exclusive bargaining status. A Driver Organization that has
been designated the exclusive bargaining representative would have the exclusive right to represent
the Drivers and to receive voluntary membership dues deductions. Once the Board determined that
a Driver Organization was the exclusive bargaining representative for all Drivers, the Companies
would be required to bargain with that Driver Organization concerning wages, benefits and terms
and conditions of work. Once the Driver Organization and Companies reached agreement on wages,
benefits, and the terms and conditions of work, that agreement would be voted upon by all Drivers
who has completed at least 100 trips the previous quarter. If approved by a majority of votes cast,
the recommendations would be submitted to the state Secretary of Labor for approval and if
approved, would be effective for three years. The proposed law would establish procedures for the
mediation and arbitration if the Driver Organization and Companies failed to reach agreement within
a certain period of time. An arbitrator would consider factors set forth in the proposed law, including
whether the wages of Drivers would be enough so that Drivers would not need to rely upon any
public benefits. The proposed law also sets out procedures for the Secretary of Labor’s review and
approval of recommendations negotiated by a Driver Organization and the Companies and for judicial
review of the Secretary’s decision. The proposed law states that neither its provisions, an agreement
nor a determination by the Secretary would be able to lessen labor standards established by other
laws. If there were any conflict between the proposed law and existing Massachusetts labor relations
law, the proposed law would prevail. The Board would make rules and regulations as appropriate to
effectuate the proposed law. The proposed law states that, if any of its parts were declared invalid,
the other parts would stay in effect.
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A YES VOTE would provide transportation network drivers the option to form unions to collectively
bargain with transportation network companies regarding wages, benefits, and terms and
conditions of work
A NO VOTE would make no change in the law relative to the ability of transportation network
drivers to form unions.
QUESTION 4: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House
of Representatives before May 1, 2024?
SUMMARY
This proposed law would allow persons aged 21 and older to grow, possess, and use certain natural
psychedelic substances in certain circumstances. The psychedelic substances allowed would be two
substances found in mushrooms (psilocybin and psilocyn) and three substances found in plants
(dimethyltryptamine, mescaline, and ibogaine). These substances could be purchased at an approved
location for use under the supervision of a licensed facilitator. This proposed law would otherwise
prohibit any retail sale of natural psychedelic substances. This proposed law would also provide for
the regulation and taxation of these psychedelic substances. This proposed law would license and
regulate facilities offering supervised use of these psychedelic substances and provide for the
taxation of proceeds from those facilities’ sales of psychedelic substances. It would also allow persons
aged 21 and older to grow these psychedelic substances in a 12-foot by 12-foot area at their home
and use these psychedelic substances at their home. This proposed law would authorize persons
aged 21 or older to possess up to one gram of psilocybin, one gram of psilocyn, one gram of
dimethyltryptamine, 18 grams of mescaline, and 30 grams of ibogaine (“personal use amount”), in
addition to whatever they might grow at their home, and to give away up to the personal use amount
to a person aged 21 or over. This proposed law would create a Natural Psychedelic Substances
Commission of five members appointed by the Governor, Attorney General, and Treasurer which
would administer the law governing the use and distribution of these psychedelic substances. The
Commission would adopt regulations governing licensing qualifications, security, recordkeeping,
education and training, health and safety requirements, testing, and age verification. This proposed
law would also create a Natural Psychedelic Substances Advisory Board of 20 members appointed by
the Governor, Attorney General, and Treasurer which would study and make recommendations to
the Commission on the regulation and taxation of these psychedelic substances. This proposed law
would allow cities and towns to reasonably restrict the time, place, and manner of the operation of
licensed facilities offering psychedelic substances, but cities and towns could not ban those facilities
or their provision of these substances. The proceeds of sales of psychedelic substances at licensed
facilities would be subject to the state sales tax and an additional excise tax of 15 percent. In addition,
a city or town could impose a separate tax of up to two percent. Revenue received from the additional
state excise tax, license application fees, and civil penalties for violations of this proposed law would
be deposited in a Natural Psychedelic Substances Regulation Fund and would be used, subject to
appropriation, for administration of this proposed law. Using the psychedelic substances as permitted
by this proposed law could not be a basis to deny a person medical care or public assistance, impose
discipline by a professional licensing board, or enter adverse orders in child custody cases absent
clear and convincing evidence that the activities created an unreasonable danger to the safety of a
minor child. This proposed law would not affect existing laws regarding the operation of motor
vehicles while under the influence, or the ability of employers to enforce workplace policies restricting
the consumption of these psychedelic substances by employees. This proposed law would allow
property owners to prohibit the use, display, growing, processing, or sale of these psychedelic
substances on their premises. State and local governments could continue to restrict the possession
and use of these psychedelic substances in public buildings or at schools. This proposed law would
take effect on December 15, 2024.
A YES VOTE would allow persons over age 21 to use certain natural psychedelic substances under
licensed supervision and to grow and possess limited quantities of those substances in their home
and would create a commission to regulate those substances.
A NO VOTE would make no change in the law regarding natural psychedelic substances.
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QUESTION 5: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House
of Representatives before May 1, 2024?
SUMMARY
The proposed law would gradually increase the minimum hourly wage an employer must pay a tipped
worker, over the course of five years, on the following schedule:
To 64% of the state minimum wage on January 1, 2025;
To 73% of the state minimum wage on January 1, 2026;
To 82% of the state minimum wage on January 1, 2027;
To 91% of the state minimum wage on January 1, 2028; and
To 100% of the state minimum wage on January 1, 2029
The proposed law would require employers to continue to pay tipped workers the difference between
the state minimum wage and the total amount a tipped worker receives in hourly wages plus tips
through the end of 2028. The proposed law would also permit employers to calculate this difference
over the entire weekly or bi-weekly payroll period. The requirement to pay this difference would
cease when the required hourly wage for tipped workers would become 100% of the state minimum
wage on January 1, 2029.
Under the proposed law, if an employer pays its workers an hourly wage that is at least the state
minimum wage, the employer would be permitted to administer a “tip pool” that combines all the
tips given by customers to tipped workers and distributes them among all the workers, including
non-tipped workers.
A YES VOTE would increase the minimum hourly wage an employer must pay a tipped worker to
the full state minimum wage implemented over five years, at which point employers could pool all
tips and distribute them to all non-management workers.
A NO VOTE would make no change in the law governing tip pooling or the minimum wage for
tipped workers.
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Hereof fail not and make return of this warrant with your doings thereon at the time and place of
said voting.
Given under our hands this 8th day of October 2024
Carlo Bacci, Chair
Karen Gately Herrick, Vice Chair
Christoper Haley, Secretary
Mark L Dockser
Melissa Murphy
SELECT BOARD OF READING
________________________________
Town Clerk
A true copy Attest:
__________________________________
Laura A Gemme, Town Clerk
Warrant must be posted by October 29, 2024, no fewer than seven days prior to the November 5,
2024 State Election.
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Town of Reading
Legal Notice
To the Inhabitants of the Town of Reading:
Please take notice that the Select Board of the Town of Reading will hold a public
hearing on October 8, 2024 at 7:00 PM in the Select Board Meeting Room at Town Hall, 16
Lowell Street, Reading, MA or also available remotely on Zoom to act on a new Annual All -
Alcohol Farmers Series Pouring Permit for New England Barrel Company, LLC d/b/a New
England Barrel Company at One General Way, Unit 40, Reading, MA.
A copy of the proposed documents regarding this topic will be in the Select Board packet
on the website at www.readingma.gov
All interested parties are invited to attend the hearing in person or remotely via Zoom; or
may submit their comments in writing to townmanager@ci.reading.ma.us
By order of
Matthew A. Kraunelis, Esq
Town Manager
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NEW LICENSE
To apply for an alcoholic beverages retail license, you will need the following:
$200 Fee paid online through our online payment link:
Monetary Transmittal Form
New Retail Application
Manager Application
Vote of the Entity
Business Structure Documents
If Sole Proprietor, Business Certificate
If partnership, Partnership Agreement
If corporation or LLC, Articles of Organization from the Secretary of the
Commonwealth
CORI Authorization Form Complete one for each individual with financial or beneficial
interest in the entity that is applying AND one for the proposed manager of
record. This form must be notarized with a stamp or raised seal.
Proof of Citizenship for the proposed Manager of Record.
Supporting Financial Records for all financing and or loans, including pledge
documents, if applicable.
Legal Right to Occupy, a lease or deed.
Floor Plan
Abutter's Notification
Advertisement
Additional information, if necessary, utilizing the formats provided and or any
affidavits.
Management Agreement, if applicable, requires the following:
Please Note: You may be requested to submit additional supporting documentation if
necessary.
ABCC PAYMENT WEBSITE
Management Agreement Application
Management Agreement
Vote of the Entity
CORI Forms for all listed in Section 11 and attachments
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1
LEASE AGREEMENT
Triple Net Lease
Reading Realty Trust, under declaration of trust dated June 14, 1985, and recorded with Middlesex South
District Registry of Deeds in Book 16225, Page 485, with an address of One General Way, Reading, MA
New Hampshire limited liability
company, with a mailing address of .
BASIC LEASE TERMS
Each reference in this Lease to any of the terms contained in this Lease or otherwise defined herein shall be
construed to incorporate the definitions or data stated under that term.
Shopping Center: 128 Marketplace Shopping Center, One General Way, Reading, MA 01867.
known as 128 Marketplace, One General Way, Reading, MA, including the 20.12 +/- acres of land shown as
buildings, other structures, parking facilities,
roadways, common facilities and the like built (or to be built) thereon and including any parking, access and
utility easements appurtenant thereto, as the same may from time to time be reduced by eminent domain
takings, dedications to public authorities, or exclusions by the Landlord (by written notice given hereafter to
the Tenant) of portions thereof, or increased by the addition of other lands together with structures and the
like thereon which may from time to time be designated by the Landlord (by written notice to the Tenant) as
constituting part of the Shopping Center.
Premises: Approximately 5,341 square feet of leasable square feet located at Unit #40 in the Shopping
Center, as more particularly described in Exhibit A.
Initial Term: Five (5) years, commencing on the date that this Lease is signed by Landlord and Tenant.
Option Period: One (1) Tenant option to extend the Term for five (5) years (the "Option Term"), on the
conditions that Tenant is not in default of its obligations hereunder and that Tenant provides Landlord with
written notice of election to exercise such option not later than six (6) months prior to the expiration of the
initial Lease term.
Tenant's Share: Article 3
In consideration of the rents to be paid and covenants to be performed by Tenant and as otherwise set forth
herein, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the
terms and provisions of this Lease, those certain premises containing approximately 5,341 square feet of
leasable square feet located at Unit #40, as more particularly described in Exhibit A (hereinafter referred to
Premises ral Way, Reading,
MA 01867. In addition, subject to the terms of this Lease, for term of this Lease, Tenant shall have the right
to use, in common with others, the sidewalks, parking areas and ingress and egress roadways and other
Common Areas serving the Shopping Center. Notwithstanding the forgoing, Landlord hereby reserves the
right to redefine and alter the Shopping Center as Landlord shall reasonably determine in its sole and absolute
discretion.
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ARTICLE 1
TERM
Term Term
Lease is executed ). Tenant shall have
one (1) option to extend the Term for a period of five (5) years (the "Option Term"), on the conditions that
Tenant is not in default of its obligations hereunder and that Tenant provides Landlord with written notice of
election to exercise such option not later than six (6) months prior to the expiration of the initial Lease term.
Physical Condition:
Exhibit D. ,
commencing when Tenant receives final permits necessary to operate and provides Landlord with copies of
such permits.
Possession
complete. Tenant shall not commence business operations at the Premises until such time as Tenant obtains
a Certificate of Occupancy issued by the Town of Reading. Tenant shall be responsible for applying for and
obtaining such Certificate of Occupancy. Landlord agrees to assist Tenant in the Certificate of Occupancy
application process.
The Rent Commencement Date shall occur on the earlier of 120 days after Lease execution or the date Tenant
obtains the
Promptly after the full execution of this Lease, Tenant shall apply for all federal, state, and municipal permits
ither
Landlord or Tenant may terminate this Lease upon written notice to the other made within three (3) business
days after the Permit Deadline, in which event 50 % of the security deposit/
is holding, will be returned to Tenant and Landlord shall be entitled to retain all other funds paid by Tenant
y
while Tenant pursues the Permits. Notwithstanding the foregoing, Tenant shall have the right to extend the
Permit Deadline for a 30-day extension, by written notice to Landlord and payment of 50% of the applicable
Base Rent and applicable Additional Rent, made prior to the initial Permit Deadline. If Tenant has not received
the Permits by the end of such first 30-day extension, Tenant shall have the right to further extend the Permit
Deadline for a second 30-day extension of the Permitting Deadline, by written notice to Landlord and payment
of 100% of the Base Rent and applicable Additional Rent during the second 30 day extension, made prior to
the expiration of the first 30-day extension.
ARTICLE 2
BASE RENT
Base Rent
payable by Tenant to Landlord upon the execution of this Lease, Tenant shall commence paying Base Rent
and Additional Rent (as hereinafter defined) on the Rent Commencement Date.
Base Rent. Fixed Base Rent for the Term in the amount per table below:
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Month Annual
Year 1 $11,127.08 $133,525.00
Year 2 $11,127.08 $133,525.00
Year 3 $11,127.08 $133,525.00
Year 4 $11,460.90 $137,530.75
Year 5 $11,460.90 $137,530.75
Base Rent is due and payable in advance in monthly installments by the first day of each month. Time is of
the essence as to all rental payments. Rent shall be paid electronically if so directed by the Landlord.
In the event that Tenant elects to exercise rights for the Option Term, Fixed Base Rate during the Option Term
shall be as follows: For the first year of the Option Term, monthly $ 11,804.72 and, annually, $141,656.64
Thereafter, Fixed Base Rent shall increase by three (3%) percent each successive Lease Year.
Security Deposit
Provided that Tenant is not in default under this lease agreement, Landlord shall return the Security Deposit
to Tenant as follows: $11,127.08 at the end of Year 2 and $11,127.08 at the end of Year 3.
Upon any event of default that remains uncured beyond any applicable cure period as provided in this Lease,
Landlord may, from time to time and without prejudice to any other remedy, use, apply, or otherwise retain
the Security Deposit to the extent necessary to make good any arrears of Rent or any other damage, injury,
expense, or liability caused to Landlord by the default. If Landlord so uses or applies all or any portion of the
Security Deposit, Tenant, shall, within fifteen (15) business days after written demand therefor, deposit funds
failure to do so shall constitute a material breach of this Lease and shall entitle Landlord to exercise any and
all remedies set forth herein. The Security Deposit will not be considered an advance payment of any Rent or
Security Deposit in a separate escrow account or otherwise provide interest to Tenant regarding the Security
Deposit or prepaid Rent. In the event of a sale or other transfer of the Premises, Landlord may transfer the
balance of the Security Deposit, if any, to the purchaser or transferee, and shall thereupon be released from
any and all liability to Tenant for the return of the Security Deposit and Tenant shall look solely to the
purchaser or transferee for the return thereof.
ARTICLE 3
ADDITIONAL RENT
All amounts to be paid by Tenant under this Lease that are in addition to Base Rent and the Security Deposit
shall be deemed to be Additional Rent, and a failure by the Tenant to make timely payment of Additional
Rent shall be considered a non-payment of Rent, resulting in an event of default and providing the Landlord
the remedies available for non-payment of Rent.
Tenant Share
square footage of the Premises leased hereunder and the denominator of which is 188,170 square feet when
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referring to Building 1 of the Shopping Center, and 255,274 square feet when referring to Buildings 1 and 2
of the Shopping Center.
The Tenant Share is as follows:
o Tenant Share of Building 1 2.8%
o Tenant Share of Buildings 1& 2 2.1%
(as defined above) of all Common Area Costs, which include, but are not limited to real estate taxes, electric,
water and sewer charges, use taxes and other charges, (other than electric, water and sewer charges allocable
and billed to a particular tenant), betterment assessments, personal property taxes (excluding equipment of
other tenants or occupants), and other taxes and governmental charges accruing from the ownership or
operation of the Premises and Shopping Center (other than franchise taxes and taxes on income of Landlord),
all insurance premiums, fees, assessments and costs, equipment repair and maintenance costs, landscape
maintenance, the cost of snow clearing and removal and sanding for the Shopping Center, exterior lighting,
exterior and common area cleaning and repainting, parking lot maintenance and repair, utility charges
(excluding utility charges metered to and paid by a tenant or occupant), inspecting, maintaining, and repairing
fire sprinkler and fire alarm systems, including the assessment of a property management fee equal to five
percent (5%) of the Base Rent, as well as fees associated with maintenance and improvements to the Shopping
Center, and any and all other ordinary and necessary operating costs, legal fees (excluding such fees paid in
connection with negotiations for leases), and accounting fees, all costs and expenses incurred by Landlord for
the inspection, maintenance, and repair of buildings and other structures, components, and improvements,
or portions thereof, in the Shopping Center, and its drainage, common water, sewer and electrical systems,
and other capital expenditures incurred by Landlord in the repair of any of the Common Area; provided,
however, that all such capital expenditures shall be amortized over their useful life in accordance with GAAP
and only such amortization shall be included within Common Area Costs for each calendar year. As used
herein, real estate taxes includes all real estate taxes, all surtaxes, all surcharges, drainage fees and charges,
and other assessments and charges imposed by governmental authorities on the Shopping Center or based on
the value or uses in the Shopping Center. Notwithstanding the foregoing, Common Area Costs shall not
include financing or interest charges or costs to the extent they are specifically and fully covered by (a) leases,
(b) warranties or (c) are actually paid by insurance proceeds. Common Area includes all the Shopping Center,
excepting only those interior areas that are actually leased to a tenant. For the purpose of determining Common
Area Costs, systems within an area leased by a tenant that are not required to be fully maintained by that
tenant shall be considered part of the Common Area. Tenant shall not be responsible for capital
improvements.
Common Area Charges
a portion of Additional Rent.
On each rental due date, Tenant will pay in addition to the Base Rent, an amount equal to one-twelfth (1/12 th)
of the estimated CAM as communicated by Landlord to Tenant. Notwithstanding anything herein to the
contrary, as of the date of this Lease, Landlord estimates the CAM to be paid by the Tenant for the first Lease
year at $3.60 PSF or $3,000.00 per month. Landlord shall advise the Tenant of the actual amount of CAM
and give when known. If actual CAM for any Lease Year exceeds the estimated amount Tenant had paid for
such Lease Year, Tenant shall pay Landlord any CAM deficit withing thirty (30) days of written notice from
Landlord. If the actual amount of CAM is less than the amount of estimated CAM Tenant has paid for a Lease
Year, Tenant shall receive a credit against the Additional Rent next due in the amount of the overpayment.
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Any overpayment or underpayment existing at the end of the Lease term shall be paid by the appropriate party
on demand.
ARTICLE 4
USE
Tenant shall use the Premises solely for the purposes of the operation of a facility for production of spirits and
other alcoholic beverages, bottling spirits and other alcoholic beverages, the operation of a tasting room for
such products, and for sales of such products and other merchandise , and shall not
operate for any other purpose whatsoever. Nevertheless, no Tenant uses shall violate the Shopping Center
restrictions stated in Exhibit B. Landlord does not make any representation that of the Permitted Use shall
be approved or allowed by any applicable permitting authority.
use, storage or application of any Hazardous Substance, except in compliance with this Article 4, and solely
to the extent that such use does not violate the terms of any applicable insurance policy or any state, federal
or local laws, rules or regulations. The parties agree that spirits and alcoholic beverages are not Hazardous
Substances. Tenant shall not use or permit the Premises to be used for any other purpose or purposes other
than the Permitted Use without the written consent of Landlord having been first obtained, which consent
shall not be unreasonably withheld, conditioned or delayed. Tenant further covenants and agrees that it will
not use or suffer or permit any person or persons to use the Premises as a store, auction, distress or fire sale
or bankruptcy or going-out-of-business sale, or for any use or purpose in violation of the laws of the United
States of America or the laws, ordinances, regulations and requirements of the Commonwealth of
Massachusetts and the Town of Reading, and that during the Term of the Lease, the Premises, and every part
thereof, shall be kept by Tenant in a clean and wholesome condition, free of any objectionable noises, odors
or nuisances, and that all applicable laws, regulations health and police regulations shall, in all respects at all
times, be fully complied with by Tenant. Tenant, at its own expense, shall obtain any permits, licenses or other
approvals necessary for its use of the Premises and shall provide copies thereof to Landlord. Tenant shall, on
he Premises.
Tenant further agrees to conform to the following provisions during the term of this Lease: (a) Tenant shall
not use the sidewalks adjacent to the Premises for business purposes without the prior written consent of
Landlord. (b) Tenant shall keep the display windows, if any, of the Premises electrically lighted during its
hours of operation and during such other periods of time as the Shopping Center is kept lighted. (c) Tenant
shall not place on the interior or exterior of the Premises any signs or any other symbol, advertisement, light
or other object or thing visible to public view outside the Premises without the prior written consent of
govern Tenant may also paint,
erect or authorize the installation of signs (which Tenant deems necessary to the operation of its business) on
the interior of the Premises identifying
approvals issued by the Town of Reading or any other local government authority. (d) Tenant and Tenant's
employees and agents shall not solicit business in any Common Area, nor shall Tenant distribute any handbills
or other advertising matter on automobiles parked in any Common Area. (e) All garbage and refuse shall be
kept in the kind of container specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's
refuse or rubbish. (f) No loudspeakers, televisions, phonographs, radios or other devices shall be used in a
manner so as to be heard outside of the Premises without the prior written consent of Landlord. (g) The
plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no
foreign substance of any kind shall be thrown therein, including but not limited to medical, cleansing, eye or
other chemicals, and the expense of any breakage, stoppage, or damage resulting from a violation of this
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provision shall be borne by Tenant. (h) Tenant shall not perform any act or carry on any practice which may
injure the Premises or any other part of the Shopping Center or cause any offensive odors or loud noise
(including, but without limitation, the use of loudspeakers) that would constitute a nuisance or menace to any
other tenant or tenants or other persons in the Shopping Center. (i) Nothing shall be done upon or about the
Premises which shall be unlawful, improper, or contrary to any law, ordinance, regulation or requirement of
any public authority or insurance inspection or rating bureau or similar organization having jurisdiction, or
which may adversely affect the quality or tone of the Premises or the Shopping Center and Tenant will
promptly comply with any such law, ordinance, regulation or requirement, provided that if Tenant wishes to
contest any such compliance, Tenant shall post such security with Landlord as Landlord shall deem adequate
pending such request. (j) Tenant will not drill or make any holes in the roof, stone or brickwork and the
Premises will not be overloaded, damaged or defaced. The foregoing notwithstanding, Tenant shall be
allowed to install its business trade fixtures and improvements and decorations within and upon the Premises.
Tenant shall be entitled to be open for business and operate continuously from the Premises Monday thru
Sunday during normal business hours with the hours of operation to be set at the sole discretion of Tenant. If
Tenant fails to operate its business from the Premises for more than fifteen ( 15) consecutive days during
any period of the Term of this Lease, Landlord, at its option, may treat such failure to operate as a default of
this Lease and is permitted to exercise all of its rights and remedies as set forth in this Lease.
Notwithstanding anything contained in this Lease to the contrary, Tenant shall not use or permit any use of
the Premises which is or would be in violation of any applicable federal, state or local law, statute, rule, code,
regulation, or decision. Tenant further agrees that it shall not use or permit any use of the Premises which is
or would be in violation of the following:
a.) Restrictive Covenants or in violation of those provisions of the Lease between Landlord and Demoulas
Super Markets, Inc. as attached hereto as Exhibit B, provided such Restrictive Covenants apply to all tenants
in the Building.
b.) 128 Marketplace Tenant Rules and Regulations as are attached hereto as Exhibit C, provided such
Rules and Regulations apply to all tenants in the Shopping Center.
Tenant covenants, that except in allowance with applicable law, it will not allow or permit any Hazardous
of, generate, discharge, release, or create any Hazardous Substance at the Shopping Center or permit any
person or entity to do so, except in normal cleaning maintenance amounts as may be used in normal cleaning,
carcinogen by any federal or state agency or the International Agency for Research on Cancer; (ii) any
cts, including
but not limited to gasoline, diesel, and kerosene; (vi) any Hazardous Substance as defined by CERCLA; (vii)
any substance defined or regulated under the Massachusetts Waste Management Act, the Massachusetts
Contingency Plan, and local ordinances, if any; and (vii) asbestos, damaging electromagnetic forces or
radiation producing materials or equipment.
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Tenant agrees to indemnify and hold Landlord harmless from all liabilities relating to Hazardous Substances
the Premises to monitor
Landlord of any release or threat of release materials at or affecting the Premises. Tenant shall cure any
releases or threatened releases of hazardous material arising fro
foregoing covenant and if Tenant fails to do so within the time by applicable law or regulation, Landlord may
in
the prescribed time. Landlord shall have the right to seek injunctive or equitable relief if Tenant releases or
threatens to release hazardous material and thereby violates the Lease.
Tenant agrees that chemical or other waste, generated by Tenant shall be disposed of and removed by the
services of a proper, licensed, professional, waste chemical disposal contractor, and further, that Tenant will
store any permitted Hazardous Substances in compliance with applicable law and regulations.
Tenant shall not store materials or equipment in Common Areas outside of the Premises.
In the event that Tenant shall fail to so keep the Premises in a safe, clean and neat condition, then Landlord
may, after ten (10) calendar days written notice to Tenant, cause such work to be done as may be necessary
to restore the Premises to a safe, clean and neat condition and the cost of such work shall be payable by Tenant
to Landlord.
Tenant shall also contract for its own trash removal with an independent, licensed trash removal firm.
Location of dumpster shall be approved by Landlord and may be relocated if necessary.
Installation of underground tanks by Tenant on the Premises or in Common Areas is prohibited.
Tenant shall not permit any use of the Premises which will make voidable or increase the cost of any
insurance on the Building (apart from the Permitted Uses), or on the contents thereof, or which shall be
contrary to any law or regulation from time to time established by any recognized insurance rating
association.
ARTICLE 5
MAINTENANCE AND SANITATION
Tenant agrees at all times, and at its own cost and expense, to repair, replace and maintain in good and
tenantable condition the interior and non-structural portions of the Premises, including without limitation,
all fixtures, entrances, windows, window system, glass, signs, locks, floor coverings, glazing, , electrical,
lighting and plumbing systems within and exclusively serving the Premises, from the points of connection
xtent not covered by any
such warranty Tenant shall be responsible for the maintenance of the glass on the Premises, excepting as to
any damage caused by the negligence or willful misconduct of Landlord. Landlord shall be responsible for
the removal of snow and ice from all entrances and sidewalks bordering the Premises and this cost will be
billed to Tenant as part of CAM. If Tenant refuses or neglects to make repairs and/or maintain the interior
and non-structural portions of the Premises in a manner reasonably satisfactory to Landlord, Landlord shall
repairs or perform such maintenance on behalf of and for the account of Tenant. In such event,
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Tenant agrees to keep the sidewalk immediately in front of and adjacent to the Premises, free and clear of
refuse and rubbish. Tenant will not operate in the Common Area activities of any kind not specifically
authorized in advance by Landlord. Tenant will not use the Common Area for promotion, entertainment,
amusement or other activities, including the sidewalks immediately adjacent to the Premises, unless Tenant
Notwithstanding the foregoing, Tenant shall be permitted to install or implement security measures at the
limited to video surveillance cameras, and se
consent, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord agrees that
pproval of the
design, mounting systems, and alterations needed on the doors.
Landlord shall keep and maintain in good and tenantable condition the structural and exterior parts of the
Premises, including the roof and roof drains within the building in which the Premises are located, utilities to
the point of connection in the Premises, it being agreed that any utility pipes, HVAC Equipment, wires, ducts
or other facilities above the ceiling shall be maintained by Landlord; provided, however, Tenant, rather than
Landlord, shall be required to make repairs necessitated by reason of the willful acts or negligence by Tenant
make repairs to any improvements performed by Tenant. Exterior walls shall not be deemed to include glass,
window cases, doors and door frames, security grills or similar enclosures.
Tenant shall be responsible, at its sole cost and expense, for the repair of the all building systems and
components thereof within and/or exclusively serving the Premises, including the fire alarm panel, HVAC,
plumbing and electrical fixtures and systems; excepting to the extent that any damage thereto is caused by or
a result of the negligence or willful misconduct of Landlord. Tenant further agrees to maintain the systems in
ion to Landlord upon
written request.
Notwithstanding any of the foregoing, at all times during the Term, Tenant shall be responsible, at its sole
cost and expense, for maintenance, servicing, repair and replacement of the heating and air conditioning
systems serving the Premises in accordance
agrees to secure a maintenance agreement with a qualified contractor to perform the required periodic
maintenance and provide verification to Landlord that said maintenance agreement is in place.
Landlord shall not in any way be liable to Tenant for failure to make repairs as specifically required of it
unless Tenant has previously notified Landlord of the need for such repairs and Landlord has failed to
commence making such repairs within ten (10) days (except in the case of a bona fide emergency involving
risk of personal injury or substantial property damage, in which case only commercially reasonable notice
shall be required, taking into account the nature of the emergency) and complete said repairs within a
liable for any indirect or consequential damages of Tenant of any kind or nature relating to this Lease of the
Premises, including, without limitation, loss of profits and the like. Landlord shall have the right to gain
access to the utility meters, telephone equipment and fire alarm rooms that are accessed through the Premises
for repair and maintenance purposes upon reasonable notic
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in the case of a bona fide emergency involving risk of personal injury or substantial property damage, in which
case only commercially reasonable notice shall be required, taking into account the nature of the emergency.
ARTICLE 6
ALTERATION AND IMPROVEMENTS
Alterations and Improvements. Promptly after the Lease Commencement Date, Tenant shall perform the
diligently and with good
decorative alterations which do not affect the Building structure or systems, are not visible from outside the
Premises and do not cost in excess of $10,000.00 in the aggregate in any calendar year, Tenant shall not make
or allow to be made any alterations, physical additions or improvements in or to the Premises without first
granted or withheld in the sole discretion of Landlord if the alterations will affect the Building structure or
systems or will be visible from outside the Premises but which consent shall not be unreasonably withheld,
conditioned or delayed if the alterations will not affect the Building structure or systems and will not be
specifications for any proposed alterations, additions or improvements requiring Landlord Tenant
Improvements
and specifications. Any Tenant Improvement shall become the property of Landlord and remain as part of
the Premises; provided, however, that Landlord, at its option, may require Tenant to remove any Tenant
Improvement so long as Landlord advises Tenant of the need to remove the same at the expiration or
earlier termination of the Lease at the time it approves the same. In the event Landlord requires removal of
Tenant Improvements, the Tenant also shall repair any damage caused by such removal. Upon expiration or
earlier termination of this Lease, Tenant shall have the right to remove all trade fixtures, equipment, furniture,
furnishings and other personal property located in the Premises not permanently attached to the Premises,
provided that Tenant repairs any damages caused by the removal of such items.
Accordingly, Tenant will bring equipment
property of the Tenant, and shall not become the property of the Landlord. Tenant may
Equipment at the end of the lease. Tenant shall repair any damage caused by the installation or removal of
of this Lease Agreement,
ARTICLE 7
SIGNS
Tenant shall obtain written consent of Landlord and Town approval before erecting any signs on the Premises,
which consent shall not be unreasonably withheld. All signs shall be erected and maintained in accordance
with applicable governmental requirements. Tenant shall promptly remove any sign which does not comply
with the foregoing provisions.
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exterior permitted by applicable law, in accordance
with the Town of Reading Bylaws, consistent with all legal requirements and the aforementioned signage
criteria. Tenant shall be responsible for the design, permitting, and installation of all permitted signage.
ARTICLE 8
PARKING
Tenant agrees to cause its officers, agents, employees, contractors, licensees and concessionaires to park their
cars only on such areas as the Landlord may from time to time designate in writing as employee parking areas.
Tenant shall furnish to the Landlord, within ten (10) days following the request of the Landlord therefor, the
employees, contractors, licensees and concessionaires. If Tenant or any officer, agent, employee, contractor,
licensee or concessionaire of Tenant shall park his or her car other than in designated employee parking areas,
.
No overnight parking or storage of vehicles or trailers is allowed by the Tenant or its officers, agents,
employees, contractors, licensees and concessionaires.
ARTICLE 9
UTILITIES AND COMMON AREAS
electricity, internet, telephone, and water and sewer use charges, separately metered to the Premises and/or
provided directly to the Premises. Before entering the Premises, Tenant shall open separate accounts directly
with the gas and electric companies and other utility providers, so that Tenant is billed directly. Tenant shall
pay for all utilities in a timely manner. Should Landlord choose to use common utilities, Tenant agrees to pay
its pro rata share thereof based on the percentage of use. Tenant agrees to keep the Premises free and clear of
in
sufficient heat in the Premises to prevent the pipes therein from freezing. Landlord shall in no way be liable
for any loss, expense, or damage (whether direct or indirect) that Tenant may sustain or incur by reason of
any change, failure, interference, disruption, interruption, or defect in the supply or character of any utilities
furnished to the Premises or Shopping Center, regardless of its duration, or if the quantity or character of any
utility supplied by its provider or any alternative provider of the utility is no longer available or suitable for
change, failure, interference, disruption, interruption, defect, unavailability, or unsuitability mentioned above
shall not: (a) constitute an actual or construction eviction of Tenant, in whole or in part; (b) entitle Tenant to
any abatement or diminution of Base Rent, Additional Rent, or any other costs due from Tenant pursuant to
this Lease; (c) relieve or release Tenant from any of its obligations under this Lease; or (d) entitle Tenant to
terminate this Lease. Tenant hereby waives all benefits of any applicable existing or future law permitting
the termination of this Lease due to any such change, failure, interference, disruption, interruption, defect,
unavailability, or unsuitability as mentioned above.
Landlord may, at any time, close temporarily any portion of the Common Area to make repairs or changes
therein, do such other acts in and to the Common Area as in its judgment may be desirable to improve the
convenience thereof.
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Landlord shall at all times have full control, management and direction of the Common Areas and the right to
discretion. Landlord shall have the right at any time to change the layout of the Common Area, including
but without limitation, the right to add to or subtract from their shape and size and to alter their location.
Tenant shall be responsible for the failure of its concessionaires, officers, employees or agents to comply with
such reasonable rules and regulations applicable to the Common Area.
Notwithstanding anything to the contrary contained herein, Landlord reserves the right to construct alternative
energy systems for the benefit of the Shopping Center, including solar, wastewater treatment facilities, and
AE Systems
Tenant shall be required to purchase its utilities from Landlord, provided Landlord charges usual and
customary rates as other private utility providers in the area.
ARTICLE 10
INDEMNITY; INSURANCE; RISK
Tenant covenants with Landlord that Landlord shall not be liable for any damage or liability of any kind by
any reason of the use, occupancy and enjoyment of the Premises by Tenant, including any requirement for
the liquor/distillery or related license required for the operation.
Landlord covenants with Tenant that Tenant shall not be liable for any damage or liability of any kind caused
by any act, omission, or negligence of the Landlord.
Tenant will indemnify and save harmless Landlord from and against any and all liabilities, obligations, claims,
damages, penalties, causes of action, costs and expenses (including without limitation reasonable attorneys
fees and costs) imposed upon, incurr
occupancy of the Premises or any breach or default by Tenant of any of its obligations hereunder or arising
from the negligence or willful acts or omissions of Tenant, its agents, employees, contractors, representatives,
guests, licensees or invitees. Tenant shall indemnify and save Landlord harmless from any loss or damage to
personal property, fixtures, equipment, or inventory occasioned by the escape of water or bursting of pipes in
the Pre
harmless agreement shall include indemnity against all costs, expenses and liabilities, including reasonable
any such claim or proceeding brought thereon and the
defense thereof and shall survive termination of this Lease.
Tenant, at its own expense, shall provide and keep in force, with companies acceptable to Landlord, public
liability insurance for the benefit of Landlord and Tenant, jointly, against liability for bodily injury, death and
property damage in the amount of
fixtures, furniture and furnishings and equipment insured against loss or damage by fire or other hazards,
n one hundred percent (100%) of the
full insurable replacement value thereof. Tenant shall provide Landlord with certificates evidencing such
insurance and containing further evidence that such insurance complies with the terms hereof on or before the
Commencement Date. Tenant agrees to maintain workers' compensation insurance providing statutory limits
for the Commonwealth of Massachusetts including employer's liability insurance with current limits of ONE
MILLION DOLLARS ($1,000,000).
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All policies of insurance to be provided by Tenant shall be issued by responsible companies qualified to do
business in the Commonwealth of Massachusetts and shall be issued in the name of Tenant with Landlord
named as an additional loss payee. All polici
prior to termination, cancellation or maturity. All public liability and property damage policies shall contain
a provision that Landlord, although named as an insured shall nevertheless be entitled to recovery under the
policies for any loss occasioned to it, its servants, agents, and employees by reason of the negligence of Tenant
or any part claiming under Tenant.
In the event of a loss in or within the Premises, Tenant shall provide Landlord with written notice of such loss
within ten (10) business days of said loss. In addition, Tenant shall utilize any insurance proceeds available
to it and collected for the repair of the Premises pursuant to the provisions of this Lease.
Each party, notwithstanding any provision of this Lease otherwise permitting such recovery, hereby waives
any rights of recovery against the other for loss or injury against which such party is protected by insurance,
to the extent of the coverage provided by such insurance. Each insurance policy carried by either party with
respect to the Premises or the property of which they are a part which insures the interest of one party only,
shall include provisions denying to the insurer acquisition by subrogation of any rights of recovery against
the other party. The other party agrees to pay any additional resulting premium.
Tenant agrees to use and occupy the Premises and to use such other portions of the Shopping Center as it is
herein given the right to use at its own risk; and that Landlord shall have no responsibility or liability for any
loss of damage to fixtures or other personal property of Tenant not caused by the actions of Landlord or its
contractors, agents and employees. Tenant agrees that Landlord shall not be responsible or liable to Tenant,
or to those claiming by, through or under Tenant, for any loss or damage that may be occasioned by or through
the acts or omissions of persons occupying any premises adjacent to the Premises or any part of the building
of which the Premises are a part, or otherwise, or for any loss or damage resulting to Tenant or those claiming
by, through or under Tenant, or its or their property, from the bursting, stopping or leaking of water, gas,
sewer, or steam pipes, unless such loss or damage is caused by or arises from the gross negligence of Landlord
or its contractors, agents and employees.
ARTICLE 11
OTHER PAYMENTS BY TENANT
Tenant shall pay, prior to delinquency, all taxes against and levied upon fixtures, furnishing, equipment and
all other personal property of Tenant contained in the Premises.
ARTICLE 12
ASSIGNMENT OR SUBLETTING
Tenant shall not assign, transfer, mortgage or pledge this Lease or any interest therein nor will Tenant sublet
its rights hereunder, in whole or in part, or permit the Premises or any part hereof to be used by others
Landlord to any assignment or subletting shall not waive the need of Tenant to obtain the consent of
Landlord to any different or further assignment or subletting. If the Rent and other sums received by the
Tenant on account of any sublease or assignment shall exceed the Base Rent and Additional Rent due
hereunder, Tenant shall pay Landlord, as Additional Rent hereunder, all such excess Rent or other payments
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as received by Tenant, less any reasonable expenses incurred by Tenant with respect to such sublease or
assignment, including brokerage commissions, but expressly excluding any costs or repairs or alterations to
the Premises. Tenant may not, under any circ
Tenant or any guarantor of its obligations under this Lease. For purposes of this paragraph, a change in
ownership of Tenant or the assets of Tenant, which changes the right to control the business or a change of
control of Tenant, shall be deemed an assignment of the Lease.
transfer or sublease the Premises or any portion thereof, if (i) Tenant is in default of any of its obligations
hereunder, (ii) the portion of the Premises proposed for sublease including the proposed means of ingress and
egress and any proposed use thereof will violate city, town, state or federal laws (iii) the proposed use is
different than indicated in Article 4, (iv) the character or financial condition of the proposed assignee or
occupant of other space owned by Landlord, (vi) the proposed subtenant is a state or federal agency or other
quasi-
generation or disposal of Hazardous Substances.
If Tenant proposes to assign this Lease or any interest therein or to sublet all or any portion of the Premises,
Tenant shall submit to Landlord in writing the name of the proposed assignee or subtenant; the rental and
terms of the proposed assignment; and any other information reasonably requested by Landlord. Upon receipt
of the above information, Landlord shall respond to said request within fifteen (15) business days.
Whether or not it is a permitted transfer, the Landlord may require that any assignee or sublessee become a
guarantor of this lease, but by so doing, the Tenant and any other guarantor are not released from their
obligations under this Lease.
obligations hereunder shall remain liable to the Landlord following any approved assignment or sublease.
As an exception to this Article 12, Landlord agrees that Tenant may assign this Lease or sublet the Premises
to an entity, provided that at least 51% of the entity is owned by New England Barrel Company, LLC, or the
owners of New England Barrel Company, LLC. Notwithstanding anything to the contrary contained herein,
any such assignment or sublease.
ARTICLE 13
SUBORDINATION
Tenant agrees that this Lease and all rights of Tenant hereunder shall at all times be and remain subordinate
and subject to any and all mortgages, deeds of trust and other instruments of financing or collateral financing
by Landlord. Tenant shall execute a subordination, non-disturbance and attornment agreement as to any
current or future mortgage-holder or secured creditor of Landlord within ten (10) days after receipt of the
document from the Landlord. A failure or refusal by Tenant to execute such a subordination, non-disturbance
and attornment agreements shall be a material breach of this Lease by Tenant.
In the event that a notice of lease is recorded with the Middlesex South District Registry of Deeds relative to
this Lease, at such time as this Lease terminates for any reason, Landlord may sign for both parties and record
101
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an affidavit of termination. The recording of such an affidavit shall be conclusive proof of termination of this
Lease as to any good faith future transferee, lessee or lender.
ARTICLE 14
ESTOPPEL CERTIFICATES
Tenant shall, at its own cost and expense, on form(s) provided by Landlord, at any time and from time to time,
within fifteen (15) calendar days of a written request from the Landlord, certify by written statement, duly
executed, and delivered to Landlord or any other person, firm or corporation specified by Landlord: (a) that
this Lease is unmodified and in full force and effect, or, if there have been any modifications, that the same is
in full force and effect as modified and stating the modification; (b) whether, to the actual knowledge of
Tenant, there are then existing any setoffs or defenses against the enforcement of the agreements, terms,
covenants or conditions hereof and any modification hereof on the part of Tenant and, if so, specifying the
same; (c) the dates, if any, to which the Rent and any other charges have been paid in advance; (d) the date of
expiration of the current Term of this Lease and any options to renew or extend this Lease, specifying the
same; and. (d) the minimum Base Rent, Additional Rent, and other charges then payable under this Lease.
ARTICLE 15
EMINENT DOMAIN
In the event the entire Premises shall be appropriated or taken under the power of eminent domain by any
public or quasi-public authority, this Lease shall terminate as of the date of such taking, and Tenant and
Landlord shall thereupon be released from any liability thereafter accruing. In the event that any portion of
the Floor Area of the Premises is taken under the power of eminent domain, or if by reason any appropriation
or taking, regardless of the amount so taken, the remainder of the Premises is not one undivided parcel or
property, or if access or parking requirements for Premises are adversely affected, either Landlord or Tenant
shall have the right to terminate this Lease as of the date Tenant is required to vacate. Landlord agrees
promptly after learning of any appropriation or taking, to give Tenant notice in writing.
If this Lease is terminated as a result of a governmental appropriation or taking, Landlord shall be entitled to
the award of compensation in such proceedings, provided that Tenant shall be entitled to that portion of the
condemnation award which is attrib
Landlord agrees to refund to Tenant any Rent or other charges paid in advance and not previously applied to
Tenant obligations.
If neither Landlord nor Tenant elects to terminate the Lease following a governmental appropriation or taking
of a portion of the Premises, Tenant shall remain in that portion of the Premises which shall not have been
appropriated or taken. In the event less than thirty-three percent (33%) of the Floor Area of the Premises shall
be appropriated under the power of eminent domain and the remainder of the Premises is an undivided parcel
onably possible, to restore the
Premises on the land remaining to a complete unity of like quality and character as existed prior to such taking;
and thereafter the Annual Rental shall be reduced on an equitable basis, taking into account the relative value
of the portion taken as compared to the portion remaining; and Landlord shall be entitled to receive the total
fixtures and personal property shall not be affected in any manner hereby.
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For the purpose of this provision of the Lease, a voluntary sale or conveyance in lieu of condemnation, but
under threat of condemnation shall be deemed an appropriation, or taking under the power of eminent domain.
ARTICLE 16
DESTRUCTION OF PREMISES
If the Premises or the building containing the Premises is destroyed or damaged by fire or other casualty to
such an extent that it/they can be repaired and restored within ninety (90) calendar days, Landlord shall repair
and restore the building and/or Premises, as applicable, to substantially their condition immediately prior to
such repair and restoration shall be abated proportionately to the extent that the Premises are rendered
unusable by the Tenant.
If the building or Premises cannot be restored within ninety (90) calendar days following any casualty,
Landlord and Tenant shall each have the right to terminate this Lease by notice to the other at any time within
thirty (30) calendar days from the date of such happening.
ARTICLE 17
BANKRUPTCY
To the extent permitted by law, if Tenant should be adjudged as bankrupt, either by voluntary or involuntary
proceedings, Landlord shall have the option to terminate this Lease, to re-enter the Premises and take
possession.
ARTICLE 18
DEFAULT AND RE-ENTRY REMEDIES
If Tenant shall default in the payment of Rent when due hereunder; or if Tenant shall be in default in
performing any of the terms or provisions of this Lease other than the provisions requiring the payment of
Rent, and fails to cure such default within thirty (30) days after written notice of such default is given to
property and such receiver is not removed within thirty (30) days after written notice from Landlord to Tenant
to obtain such removal; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief
proceedings under any present or future law, whereby the Rent or any part thereof, is, or is proposed to be,
or attachment is not satisfied or dissolved within thirty (30) days after written notice from Landlord to Tenant
to obtain satisfaction thereof; then, and in any of said events, Landlord, at its option, may exercise any or all
of the remedies set forth in below.
a. Upon the occurrence of any default as set forth herein, and following the expiration of any
applicable notice and/or cure period, without timely cure by Tenant, Landlord may, at Landlord's option,
declare the term of this Lease ended and enter into the Premises or any part thereof, with due process of law,
evict Tenant or any person or persons occupying the Premises. Notwithstanding any termination pursuant to
the above provisions, or any entry or re-entry by Landlord, Tenant agrees to pay and be liable to Landlord for
all Base Rent, Additional Rent and other payments required under this Lease on the dates they would become
due as if this Lease had not been terminated or if Landlord had not entered or re-entered as aforesaid, and
whether the Premises be relet or remain vacant in whole or in part or for a period less than the remainder of
the Term, or for the whole thereof; but in the event the Premises be relet, in whole or in part by Landlord,
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Tenant shall be entitled to a credit in the net amount of rent received by the Landlord in reletting, after
commissions and costs of reletting, incurred in reletting the Leased Premises and in collecting the rent in
connection therewith. Landlord shall use commercially reasonable efforts to re-let the Premises.
b. Any action taken by Landlord under this Section shall not operate as a waiver of any right
which Landlord would otherwise have against Tenant for Rent or otherwise, and Tenant shall remain
responsible to Landlord for any loss and/or damage suffered by
--
meaning.
c. The various rights and remedies herein granted to Landlord shall be cumulative and in
addition to any other Landlord may be entitled to by law or in equity, and the exercise of one or more rights
ise any other right or remedy. In all events, Landlord
Tenant which continues beyond any applicable notice and cure period set forth herein at T
and expense, and Tenant shall reimburse Landlord for such expense upon demand, plus an administrative fee
of 10% of Landlord's costs.
d. If Landlord shall not be permitted to terminate this Lease as hereinabove provided because
Bankruptcy
Code
Tenant, as a debtor in possession or any Trustee for Tenant agrees promptly, within no more than fifteen (15)
days following request by Landlord to the Bankruptcy Court, to assume or reject this Lease, and Tenant on
behalf of itself, and any Trustee in Bankruptcy agrees not to seek or request any extension or adjournment of
any application to assume or reject this Lease by Landlord with such Bankruptcy Court. In such event, Tenant
or any Trustee for Tenant may only assume this Lease if it (i) cures or provides adequate assurance that the
Trustee will promptly cure any default hereunder; (ii) compensates or provides adequate assurance that Tenant
will promptly compensate Landlord for any actual pecuniary
defaults; and (iii) provides adequate assurance of performance during the fully stated term hereof of all of the
terms, covenants, and provisions of this Lease to be performed by Tenant. Adequate assurance of performance
of this Lease as set forth hereinabove shall include, without limitation, adequate assurance (of the source of
rent reserved hereunder.
e.
unless and until Landlord shall have failed to perform such obligations within thirty (30) days, or such
additional time as is reasonably required to correct any such default, after notice by Tenant to Landlord
specifying in detail wherein Tenant believes that Landlord has failed to perform any such obligation.
In addition to the damages hereinbefore set forth as a result of Tenant's default, Tenant shall pay to Landlord,
as damages, all expenses, including reasonable attorney's fees incurred by Landlord in enforcing its rights
hereunder and in reletting the Premises. Tenant hereby expressly waives any and all rights of redemption
granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any
cause, or in the event Landlord terminates this Lease as herein provided.
TO THE EXTENT PERMITTED BY LAW, NEITHER LANDLORD NOR TENANT SHALL SEEK A
JURY TRIAL IN ANY LAWSUIT PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION
BASED UPON OR ARISING OUT OF THIS LEASE, ANY RELATED INSTRUMENT, ANY
COLLATERAL OR THE DEALINGS OF THE RELATIONSHIP BETWEEN OR AMONG THE
PARTIES, OR ANY OF THEM. NO PARTY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION, IN
112
39
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WHICH A JURY HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL
CANNOT OR HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN
FULLY DISCUSSED BY THE PARTIES HERETO. NO PARTY HAS IN ANY WAY AGREED WITH
OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL
NOT BE FULLY ENFORCED IN ALL INSTANCES.
ARTICLE 19
SURRENDER OF PREMISES
Tenant, upon expiration of this Lease, or upon earlier termination of this Lease for any reason, shall surrender
personal property, except as otherwise set forth herein. Tenant shall promptly surrender all keys for the
Premises at the place then fixed for payment or Rent and shall inform Landlord of the combination of any
locks or safes on the Premises.
ARTICLE 20
HOLDING OVER
If Tenant holds over after the Term of this Lease, Tenant shall become a tenant at sufferance and shall pay
Landlord for use and occupancy in an amount equal to one hundred twenty percent (120%) of Base Rent and
Additional Rent that was due for the most recent rental period during the term of the Lease, upon the terms,
covenants and conditions specified in this Lease. This provision shall not imply that Tenant has any right to
become a holdover tenant. Nothing herein shall be construed as granting Tenant the right to hold over at any
time and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises
and may collect damages resulting from such holding over, which may include consequential damages.
ARTICLE 21
FIXTURES AND PERSONAL PROPERTY
Any trade fixtures, equipment, and personal property of Tenant shall remain the property of Tenant, and
Landlord agrees that Tenant shall have the right, provided Tenant is not in default under the terms of this
Lease, to remove any and all of its trade fixtures, equipment, signs or other personal property which it may
have stored or installed in the Premises. Tenant, at its own cost and expense, shall immediately repair any
damage occasioned to the Premises by reason of the removal of any such trade fixtures, improvements,
equipment and other personal property installed or attached to the Premises.
All improvements to the Premises by Tenant, including but not limited to floor coverings, carpeting and
partitions, but excluding trade fixtures, draperies and signs, shall be deemed to be the property of Tenant .
Except as otherwise provided herein, Tenant shall remove all of its personal property from the Premises by
the termination of the Lease. Tenant shall not abandon or leave property of others in the Premises when the
Lease terminates.
ARTICLE 22
REIMBURSEMENT
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18
All covenants and terms to be performed by Tenant shall be performed by Tenant, at its own cost, and expense,
and if Landlord shall pay any sum of money or do any act which requires the payment of money by reason of
the failure, neglect or refusal of Tenant to perform such covenant or term, the sum or sums of money so paid
by Landlord shall be considered as Additional Rent and shall be payable by Tenant to Landlord on the first
prime interest rate plus two
percent (2%) per annum, but not to exceed the maximum rate permitted by law.
ARTICLE 23
NOTICES
Any notice by either party to the other shall be deemed to be duly given when delivered personally or mailed
by registered or certified mail, return receipt requested, in a postpaid envelope addressed as follows, or to
such other address as Tenant or Landlord may designate to the other in writing.
Tenant:
New England Barrel Company, LLC
With copy to:
Bielagus Law Offices PLLC
Landlord:
Danis Reading Realty Trust
One General Way
PO Box 672
Reading, MA 01867
ARTICLE 24
Landlord may enforce its rights hereunder by any means allowed by law. Nothing herein contained shall be
construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which,
in addition to the damages particularly provided herein, Landlord may lawfully be entitled by reason of any
default hereunder on the part of Tenant.
Tenant may enforce its rights hereunder by any means allowed by law. Nothing herein contained shall be
construed as limiting or precluding the recovery by Tenant against Landlord of any sums or damages to which,
in addition to the damages particularly provided herein, Tenant may lawfully be entitled by reason of any
default hereunder on the part of Landlord.
If Landlord is involuntarily made a party defendant in any litigation concerning this Lease by reason of any
act or omission or Tenant, including, without limitation, any insolvency or bankruptcy proceeding, then
Tenant shall hold Landlord harmless from al
41
19
In the event that any time during the Term of the Lease, Landlord shall institute any action or proceeding
against Tenant relating to the provisions of this Lease, or any default hereunder, then and in that event,
Landlord shall be entitled to recover from
Tenant submits to the jurisdiction of the courts and laws of the Commonwealth of Massachusetts.
ARTICLE 25
SALE OR ASSIGNMENT
In the event of any sale or exchange of the Premises by Landlord and assignment by Landlord of this Lease,
Landlord shall be entirely free and relieved of all liability under any and all covenants and obligations
contained in or derived from this Lease arising out of any act, occurrence or omission relating to the Premises
of this Lease occurring after the consummation of such sale or exchange and assignment.
In the event the property is redeveloped, Landlord shall give notice to the Tenant 12 months in advance and
will assist the tenant in relocation or terminating the lease agreement.
ARTICLE 26
ENTRY AND INSPECTION
notice to Tenant (which may be verbal or may be electronically communicated), but notice is not required in
case of an emergency.
ARTICLE 27
QUIET ENJOYMENT
Landlord agrees and promises that if and so long as Tenant pays the Rent, Additional Rent and other charges
due under this Lease, and fully performs its agreements and covenants of this Lease, Tenant shall peaceably
and quietly have, hold and enjoy the Premises for the Term of the Lease free from interference by the
Landlord, but subject to the provisions of this Lease.
ARTICLE 28
In addition to any statutory lien, Landlord will have and Tenant hereby grants to Landlord a continuing
security interest for all sums of money, becoming due hereunder, on all personal property and fixtures of
Tenant and such property and fixtures shall not be removed therefrom without the prior written consent of
Landlord. In the event of a default under this Lease, Landlord shall have, in addition to all other rights and
remedies herein or by law, all rights and remedies under the Uniform Commercial Code, including without
limitation the right to sell the property or fixtures at public or private sale upon five (5) business days notice
to Tenant. If Tenant has permits or licenses, the Landlord may require that they be collaterally assigned as
security. Tenant agrees to execute such financing statements or other instruments as necessary or desirable in
be in addition to any statutory lien for Rent.
ARTICLE 29
42
20
BROKERAGE COMMISSIONS
Landlord and Tenant confirm that no broker(s) were involved in this Lease or any related transaction.
ARTICLE 30
INDEPENDENT COVENANT
Tenant acknowledges and agrees that its obligation to pay Base Rent, Additional Rent and other costs due
hereunder in accordance with the terms and provisions the Lease is at all times not dependent upon the
condition of the Premises or the performance by Landlord of its obligations hereunder, and except as otherwise
expressly provided in the Lease, Tenant shall continue to pay the Base Rent, Additional Rent and other costs
due hereunder when required under the Lease without abatement, demand, counterclaim, setoff or deduction,
notwithstanding any breach by Landlord of its duties or obligations hereunder, whether express or implied.
ARTICLE 32
GENERAL
Time is of the essence of this Lease.
The terms and conditions of this Lease shall be extended to and be binding upon the heirs, personal
representatives, successors and assigns to the parties hereto.
This Lease and its exhibits set forth all the covenants, promises, agreements, conditions or understandings,
either oral or written, between them. The submission of this Lease or a summary of some or all of its
provisions for examination does not constitute a reservation of or option for the Premises or an offer to lease
and no legal obligations shall arise with respect to the Premises or other matters herein until this Lease is
executed and delivered by Landlord and Tenant and approved by the holder of any mortgage on the Building
having the right to approve this Lease. No subsequent alteration, amendment, change or additional exhibits
to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them.
The laws of the Commonwealth of Massachusetts shall govern the construction and enforcement of the Lease.
In the event that the holder of any mortgage or prospective mortgage on the property of which the Premises
are a part, shall request any modification of any of the provisions of this Lease not substantially affecting
Tenant's rights, Tenant agrees it will enter into a written agreement with such holder or prospective holder,
which shall effect such modification and shall provide that such modification shall become effective and
binding upon Tenant and shall have the same force as an amendment to this Lease in the event of a
foreclosure or other similar action taken by such holder or prospective holder. A provision directly relating
to the rent payable hereunder, the duration of time hereof, or the size, use or location of the Premises shall
be deemed a provision substantially affecting Tenant's rights.
the necessary bond in the full amount of the lien, or otherwise) any mechanics', materialmen's or other lien
against the Premises and/or Landlord's interest therein, which liens may arise out of any payment due for, or
purported to be due for, any labor, services, materials, supplies or equipment alleged to have been furnished
to or for Tenant in, upon or about the Premises. Tenant agrees to defend the same and indemnify Landlord
against any such claim.
43
21
If any term or provision of this Lease, or the application thereof to any person or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law.
Should the holder of a mortgage or mortgages secured in part by the Premises or any other subsequent owner
of the Shopping Center shall become the owner of the Property by reason of the foreclosure such mortgage
or the acceptance of a deed or assignment in lieu of foreclosure or by reason of any other enforcement of the
subsequent owner, the Lease shall not be terminated or affected thereby but shall continue in full force and
-in-interest and Tenant upon all of the terms, covenants
and conditions set forth in the Lease and in t -in-
-in-interest by virtue of such acquisition of the Shopping Center shall be
deemed to have agreed to accept such attornment, whereupon, subject to the observance and performance by
Tenant of all the terms, covenants and conditions of the Lease on the part of Tenant to be observed and
-in-interest shall recognize the leasehold estate of Tenant under all of the
terms, covenants and conditions of the Lease for the remaining balance of the term with the same force and
-in-interest were the Landlord under the Lease.
Tenant agrees that all repairs, alterations, additions, improvements, installations and other work other than its
ordinary course of business done upon or about the Premises by it or anyone claiming under it, will be done
by persons compatible to persons engaged by the Landlord so that all such work will be done or carried on in
such manner as to avoid or prevent labor disputes. Tenant agrees that any roof penetrations will be performed
No payment by Tenant or receipt by Landlord of a lesser amount than the rental herein stipulated shall be
deemed to be other than on account of the earliest stipulated rent nor shall any endorsement or statement on
any check or any letter accompanying any check or payment as rent be deemed on accord and satisfaction,
of such rent or pursue any other remedy provided for in this lease or available at law or in equity.
IN WITNESS WHEREOF, the parties have set their hands and seals on ____________________, 2024. The
signatory for a party represents and warrants to the other that such signatory has full authority to bind such
party to this Lease.
TENANT:
New England Barrel Company, LLC
By ________________________________
44
22
James Saunders, Manager
LANDLORD:
Danis Reading Realty Trust
By ________________________________
George E. Danis, Trustee, not individually
Exhibits:
Exhibit A - Description or plan of Premises
Exhibit B - Restrictive Covenants from Demoulas Super Markets, Inc. Lease
Exhibit C - Rules and Regulation by which the Tenant must abide
Exhibit D
Exhibit E
45
23
PERSONAL GUARANTEE
-described
premises, and at the request of the undersigned, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the Guarantor, and in consideration of the making of the
lease agreement by and between George E. Danis, as Trustee of Danis Reading Realty Trust, as Landlord, and
New England Barrel Company, LLC, dated of even date herewith, for the premises consisting of
approximately 5,341 leasable square feet located in Space 40 of the 128 Marketplace Shopping Center, One
General Way, Reading, Massachusetts as more particularly described in the Lease (hereinafter referred to as
assigns, without deduction by reason of setoff, defense or counterclaim the full and prompt payment of all
rent, additional
ce of as, conditions, covenants, obligations and agreements
-party costs and expenses (including reasonable
Guaranteed Obligations or incurred in enforcing this Guaranty as well as all damages which Landlord may
suffer in consequence of any default or breach under the Lease or this Guaranty.
The liability of the undersigned under this Guaranty shall in no way be affected or impaired by any failure
or delay in enforcing any Guaranteed Payment or Guaranteed Obligation or this Guaranty or any security
therefor or in exercising any right or power in respect thereto, or by any compromise, waiver, settlement,
change, subordination, modification or disposition of any Guaranteed Payment or Guaranteed Obligation or
of any security therefor.
The undersigned waives presentment, protest, demand, notice of dishonor or default, notice of acceptance of
this Guaranty, notice of any extensions granted or other action taken in reliance hereon and all demands and
notices of any kind in connection with this guaranty or any Guaranteed Payment of Guaranteed Obligation.
This Guaranty shall be continuing, absolute and unconditional and remain in full force and effect until all
Guaranteed Payments are made, all Guaranteed Obligations are performed, and all obligations of the
undersigned under this Guaranty are fulfilled except to extent otherwise provided in the Lease. This
Guaranty shall also bind the heirs, personal representatives, successors and assigns of the undersigned and
inure to the benefit of Landlord, its successors and assigns. This Guaranty shall be construed according to
the laws of the Commonwealth of Massachusetts.
If Tenant shall at any time default in the performance or observance of any of the terms, covenants or
perform and observe same, as the case may be, in the place and stead of Tenant. Guarantor agrees to pay to
Landlord any and all reasonable and necessary incidental damages and expenses incurred by Landlord as a
asonable
payment.
any security given for the performance and observance of any covenant or condition contained in the Lease
rved.
46
24
The liability of Guarantor hereunder shall in no way be affected by (a) the release or discharge of Tenant in
the impairment, limitation or modification
of the liability of Tenant or the estate of Tenant in bankruptcy, or of any remedy for the enforcement of
national Bankruptcy Act or other statute or from the decision in any court; (c) the rejection or disaffirmance
of the Lease in any such proceedings; (d) the assignment or transfer of the Lease by Tenant; (e) any
disability or other defense of Tenant; (f) the cessation from any cause whatsoever of the liability of Tenant;
(g) the exercise by Landlord of any of its rights or remedies reserved under the Lease or by law; or (h) any
termination of the Lease.
fully performed and observed, Guarantor subordinates any liability or indebtedness of Tenant now or
hereafter held by Guarantor to the obligations of Tenant to Landlord under the Lease. This Guaranty shall
apply to the Lease, any extension, renewal, modification or amendment thereof, and to any assignment,
subletting or other tenancy thereunder or to any holdover term following the Term granted under the Lease
or any extension or renewal thereof. No delay on the part of Landlord in exercising any right hereunder or
under the Lease shall operate as a waiver of such right or of any other right of Landlord under the Lease or
hereunder, nor shall any delay, omission or waiver on any one occasion be deemed a bar to a waiver of the
same or any other right on any future occasion.
If there is more than one undersigned Guarantor, this Guaranty shall be binding on each and every one of
the undersigned jointly and severally liable hereunder; and Landlord shall have the right to join one or all of
them in any proceeding or to proceed against them in any order. Guarantor submits to the jurisdiction of the
courts and laws of the Commonwealth of Massachusetts and court action shall be initiated and held in
Massachusetts.
LANDLORD AND GUARANTOR HEREBY WAIVE THEIR RESPECTIVE RIGHT TO TRIAL BY
JURY OF ANY CAUSE OF ACTION, CLAIM, COUNTERCLAIM OR CROSS-COMPLAINT IN ANY
ACTION, PROCEEDING AND/OR HEARING BROUGHT BY EITHER LANDLORD AGAINST
TENANT OR TENANT (OR GUARANTOR) AGAINST LANDLORD ON ANY MATTER
WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE LEASE, THIS
GUARANTY, THE RELATIONSHIP OF LANDLORD AND TENANT (AND GUARANTOR).
THIS PERSONAL GUARANTEE SHALL EXPIRE AT THE END OF THE FIFTH YEAR OF THE
LEASE AGREEMENT
IN WITNESS WHEREOF, the undersigned has executed this guaranty as a sealed instrument on
_______________, 2024
_________________________________ ____________________________________
Witness Signature Guarantor Signature
James Saunders
__________________________________ Address:_____________
Print Witness Name __________
47
25
EXHIBIT A
Premises
Sketch Plan
48
26
EXHIBIT B
Restrictive Covenants
Provisions of Demoulas Super Markets Inc. Lease Relating to Other
conduct must conform to these restrictions.
49
27
EXHIBIT C
128 MARKETPLACE TENANT RULES AND REGULATIONS
1. Any construction or maintenance activity involving roof access must be completed by a contractor
preapproved by Landlord, a list of pre-approved subcontractors by Landlord will be provided upon request.
Tenant may submit subcontractors for approval.
2. Landlord requires 24-hour notice prior to any construction or maintenance activities. In the event of
an emergency please contact Landlord immediately to coordinate.
3. No sub contractor or Tenant representative shall do any work for the Tenant that would cause a
ladder or any other apparatus to be put against or on the façade of the building.
4. Absolutely NO SOLICITING.
5. NO PETS are allowed in the center (whether in common area or in demised spaces unless that pet is
needed for medical assistance).
6. Tenant shall not deface or modify any part of the Premises or Shopping Center, erect any advertising
or promotional signs, affix signs or other material on the premises or in and around the Shopping Center
anners, handmade or otherwise non-professional, will be
SIGNS ARE ALLOWED.
7. All signs must be approved by Landlord and if necessary, the Town of Reading in accordance with
be the responsibility of the Tenant.
8. The Landlord has the right to designate Trash Dumpster locations and quantities of dumpsters
allowed by Tenant.
9. Tenant agrees to maintain the physical appearance of the Premises in a neat, clean (including glass
windows) and in good repair, to assure the professional appearance and conduct of its employees at all
times.
10. Tenant shall not block or obstruct any of the entries, passages, sidewalks, doors or Common Area of
Shopping Center or parking facilities. All deliveries shall be received through the common loading areas.
Each Tenant shall only utilize one loading bay at a time; the Landlord reserves the right to restrict times for
loading access, no overnight vehicle parking (Tenant or employees) at the loading area or on the center
unless approved by Landlord.
11. Landlord shall not be responsible for loss of stolen property, equipment, money or article taken from
Premises regardless of how or when loss occurs.
50
28
12. Tenant shall take all necessary measures to prevent odors from emanating from the Premises.
13. All boxes are to be broken down before being placed in dumpsters.
14. Any wet trash, including but not limited to food debris, shall be placed in plastic bags and tied before
being placed in trash.
15. The Tenant shall not cause any noise, vibration, electrical or magnetic interference, or any other
nuisance to any other tenants or the Shopping Center.
16. Tenant shall report, as soon as practicable to the Landlord any theft, accident or unauthorized
solicitation that has occurred in the demised premises of the shopping center.
17.
applicable provisions of the Lease shall control.
18. Tenant shall be responsible for the compliance with these rules and regulations by its employees,
agents and customers.
19. Landlord reserves the right, without the approval of Tenant, to add new rules and regulations, and to
waive, rescind, add to and amend any rules or regulations with respect to any Tenant or Tenants.
51
29
EXHIBIT D
WORK
UNIT#40
Remove ceiling in first floor office.
Update existing lighting fixtures to LED fixtures.
Deliver HVAC in good working order.
Add exterior insulated Overhead door
authorized by Landlord, including those needed for Tenant to obtain an occupancy permit.
52
30
Exhibit E
Open brick walls to accommodate glass wall
Install interior overhead door (8x8 roll up door)
Provide trench drain per plans approved by Landlord and Tenant
Install interior glass wall
Fit up for Tenant's uses
53
54
55
56
57
58
59
60
61
62
63
64
65
Commonwealth of Massachusetts
Office of the State Treasurer
Alcoholic Beverages Control Commission
Jean Lorizio, Chairman Crystal Matthews, Commissioner Deborah Baglio, Commissioner
WHOLESALER’S & IMPORTER’S LICENSE
M.G.L. c. 138, § 18
This License authorizes the following licensee to import, keep and expose for sale, all alcoholic beverages:
THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A CONSPICUOUS PLACE WHERE IT CAN BE EASILY READ
THIS LICENSE WILL EXPIRE DECEMBER 31, 2024 UNLESS REVOKED OR CANCELLED DURING THIS PERIOD
License Number:
Record Number:
WA-LIC-000555
2024-000014-WH-APP
New England Barrel Company, LLC
One General Way Unit 40
Reading, MA 03823
Approved by the Alcoholic Beverages Control Commission on September 06, 2024
All Alcoholic BeveragesLicense Category:
66
Commonwealth of Massachusetts
Office of the State Treasurer
Alcoholic Beverages Control Commission
Jean Lorizio, Chairman Crystal Matthews, Commissioner Deborah Baglio, Commissioner
FARMER-DISTILLERY LICENSE
M.G.L. c. 138, § 19E
This Farmer-Distillery License authorizes the following licensee to
manufacture, and keep and expose for sale and to sell, distilled spirits:
THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A CONSPICUOUS PLACE WHERE IT CAN BE EASILY READ
THIS LICENSE WILL EXPIRE DECEMBER 31, 2025 UNLESS REVOKED OR CANCELLED DURING THIS PERIOD
New England Barrel Company, LLC
FD-LIC-000080
2024-000005-FD-REN
License Number:
Record Number:
Reading, MA 03823
1 General Way Unit 40
Capacity: 5K Gallons or Less
Approved by the Alcoholic Beverages Control Commission on September 06, 2024.
67
10/02/2024 TOWN OF READING PAGE 1
16:29:52 GENERAL FUND REVENUE SUMMARY - BUDGETED CATEGORIES
BUDGET TO ACTUAL (REVSUMBD/A) PRIORMNTH SEE PRINT
LAST YEARS LAST YEARS CURRENT YEAR CURRENT YR LAST YRS CURRENT
REVISED COLLECTED TO REVISED COLLECTED TO PERCENT % PERCENT
BUDGET THIS MONTH BUDGET THIS MONTH COLLECTED COLLECT
01 REVENUES
41000 DELINQUENT PROPERTY TAXES 0 102,500 .00 91,208.78 .00 .00%
41100 PERSONAL PROPERTY TAX 904,385 219,901 926,925.00 248,015.60 24.32 26.76%
41200 REAL ESTATE TAXES 86,055,811 21,736,494 87,832,035.00 22,106,162.43 25.26 25.17%
41500 MOTOR VEHICLE EXCISE TAX 3,915,000 259,300 4,300,000.00 225,612.15 6.62 5.25%
41600 OTHER EXCISE TAXES 565,000 159,588 675,000.00 163,695.02 28.25 24.25%
41700 PENALTY & INTEREST 350,000 139,696 385,000.00 73,244.44 39.91 19.02%
41800 PAYMENT LIEU OF TAX 440,000 16,017 465,000.00 15,343.03 3.64 3.30%
43000 FEES 2,353,000 507,362 2,580,000.00 566,534.64 21.56 21.96%
44000 LICENSE, PERMITS 165,000 9,845 181,000.00 11,112.50 5.97 6.14%
45000 FEDERAL REVENUE 155,000 36,501 170,000.00 .00 23.55 .00%
46000 STATE REVENUE 15,554,202 3,874,129 16,086,023.00 4,129,390.17 24.91 25.67%
47500 SPECIAL ASSESSMENTS 0 0 .00 .00 .00 .00%
47700 FINES & FORFEITS 73,000 34,012 80,000.00 25,680.58 46.59 32.10%
48000 MISCELLANEOUS REVENUE 0 27,105 .00 2,485.89 .00 .00%
48200 EARNINGS ON INVESTMENTS 1,170,000 1,070,446 1,900,000.00 112,377.49 91.49 5.91%
48210 RESTRICTED INTEREST INCOME 0 0 .00 .00 .00 .00%
TOTAL 01 REVENUES 111,700,398 28,192,902 115,580,983.00 27,770,862.72 25.24 24.03%
02 OTHER FINANCING SOURCES
46000 STATE REVENUE 0 0 .00 .00 .00 .00%
48000 MISCELLANEOUS REVENUE 0 0 .00 .00 .00 .00%
49000 OTHER FUNDING SOURCES 2,862,356 1,269,303 2,522,510.00 1,261,255.00 44.34 50.00%
49700 ENTERPRISE FUND SUPPORT 1,243,882 195,960 1,294,677.00 1,000.00 15.75 .08%
49720 OTHER FUND SUPPORT(NON ENT FD 125,000 0 125,000.00 .00 .00 .00%
49900 DESIGNATED FUND BALANCE USED 5,846,157 0 4,611,281.00 .00 .00 .00%
TOTAL 02 OTHER FINANCING SOURCES 10,077,395 1,465,263 8,553,468.00 1,262,255.00 14.54 14.76%
TOTAL 121,777,793 29,658,165 124,134,451.00 29,033,117.72 24.35 23.39%
68
TOWN OF READING
YEAR-TO-DATE BUDGET REPORT
Report generated: 10/02/2024 17:57
User: sangstrom
Program ID: glytdbud
Page 1
FOR 2025 03
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET % USED
0105 ADMINISTRATIVE SERVICES
03 SALARIES
1,295,600.00 0.00 1,295,600.00 291,415.03 0.00 1,004,184.97 22.5%
05 EXPENSES
1,709,700.00 5,121.40 1,714,821.40 1,017,658.56 6,549.35 690,613.49 59.7%
TOTAL ADMINISTRATIVE SERVICES
3,005,300.00 5,121.40 3,010,421.40 1,309,073.59 6,549.35 1,694,798.46 43.7%
0106 TECHNOLOGY
03 SALARIES
511,800.00 0.00 511,800.00 116,186.32 0.00 395,613.68 22.7%
05 EXPENSES
654,700.00 19,760.80 674,460.80 215,591.85 34,954.91 423,914.04 37.1%
08 CAPITAL EXPENDITURES
555,000.00 28,105.00 583,105.00 0.00 28,105.00 555,000.00 4.8%
TOTAL TECHNOLOGY
1,721,500.00 47,865.80 1,769,365.80 331,778.17 63,059.91 1,374,527.72 22.3%
0110 PUBLIC SERVICES
03 SALARIES
1,479,684.00 0.00 1,479,684.00 366,561.91 0.00 1,113,122.09 24.8%
05 EXPENSES
302,100.00 225,184.94 527,284.94 29,651.43 218,830.35 278,803.16 47.1%
08 CAPITAL EXPENDITURES
0.00 267,041.54 267,041.54 15,837.10 251,204.44 0.00 100.0%
TOTAL PUBLIC SERVICES
1,781,784.00 492,226.48 2,274,010.48 412,050.44 470,034.79 1,391,925.25 38.8%
0130 FINANCE
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Program ID: glytdbud
Page 2
FOR 2025 03
0130 FINANCE
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET % USED
03 SALARIES
1,005,500.00 0.00 1,005,500.00 227,029.80 0.00 778,470.20 22.6%
05 EXPENSES
172,650.00 49.50 172,699.50 19,183.96 270.19 153,245.35 11.3%
TOTAL FINANCE
1,178,150.00 49.50 1,178,199.50 246,213.76 270.19 931,715.55 20.9%
0140 FINANCE RESERVE FUND
05 EXPENSES
200,000.00 -135,000.00 65,000.00 0.00 0.00 65,000.00 .0%
TOTAL FINANCE RESERVE FUND
200,000.00 -135,000.00 65,000.00 0.00 0.00 65,000.00 .0%
0200 PUBLIC SAFETY
03 SALARIES
13,886,471.00 0.00 13,886,471.00 3,308,675.17 0.00 10,577,795.83 23.8%
05 EXPENSES
724,946.00 7,685.37 732,631.37 180,945.27 192,352.50 359,333.60 51.0%
08 CAPITAL EXPENDITURES
50,000.00 1,762,689.50 1,812,689.50 1,331.00 1,761,358.50 50,000.00 97.2%
TOTAL PUBLIC SAFETY
14,661,417.00 1,770,374.87 16,431,791.87 3,490,951.44 1,953,711.00 10,987,129.43 33.1%
0300 SCHOOL COMMITTEE - EDUCATION
08 CAPITAL EXPENDITURES
135,000.00 7,630.88 142,630.88 18,814.00 0.00 123,816.88 13.2%
10 PROFESIONAL SALARIES
40,984,181.00 0.00 40,984,181.00 4,011,171.30 0.00 36,973,009.70 9.8%
20 CLERICAL SALARIES
1,176,476.00 0.00 1,176,476.00 271,876.80 0.00 904,599.20 23.1%
30 OTHER SALARIES
5,870,050.00 0.00 5,870,050.00 738,066.46 0.00 5,131,983.54 12.6%
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User: sangstrom
Program ID: glytdbud
Page 3
FOR 2025 03
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET % USED
40 CONTRACTED SERVICES
2,859,715.00 25,006.00 2,884,721.00 230,346.51 1,970,865.50 683,508.99 76.3%
50 SUPPLIES & MATERIALS
981,794.00 17,830.83 999,624.83 339,708.14 96,720.27 563,196.42 43.7%
60 OTHER EXPENSES
4,438,595.00 313,572.25 4,752,167.25 1,002,522.88 3,461,202.90 288,441.47 93.9%
TOTAL SCHOOL COMMITTEE - EDUCATION
56,445,811.00 364,039.96 56,809,850.96 6,612,506.09 5,528,788.67 44,668,556.20 21.4%
0400 PUBLIC WORKS
03 SALARIES
3,219,700.00 0.00 3,219,700.00 726,299.01 0.00 2,493,400.99 22.6%
05 EXPENSES
1,015,400.00 72,074.18 1,087,474.18 193,083.77 178,327.40 716,063.01 34.2%
08 CAPITAL EXPENDITURES
2,115,000.00 2,301,339.96 4,416,339.96 413,437.60 2,058,204.61 1,944,697.75 56.0%
TOTAL PUBLIC WORKS
6,350,100.00 2,373,414.14 8,723,514.14 1,332,820.38 2,236,532.01 5,154,161.75 40.9%
0401 DPW-TRASH SNOW STREET LIGHTING
03 SALARIES
130,000.00 0.00 130,000.00 0.00 0.00 130,000.00 .0%
05 EXPENSES
2,771,278.00 25,990.48 2,797,268.48 253,020.67 129,387.95 2,414,859.86 13.7%
08 CAPITAL EXPENDITURES
0.00 900,000.00 900,000.00 0.00 900,000.00 0.00 100.0%
TOTAL DPW-TRASH SNOW STREET LIGHTING
2,901,278.00 925,990.48 3,827,268.48 253,020.67 1,029,387.95 2,544,859.86 33.5%
0480 FACILITIES
03 SALARIES
1,016,000.00 0.00 1,016,000.00 222,913.89 0.00 793,086.11 21.9%
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Program ID: glytdbud
Page 4
FOR 2025 03
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET % USED
05 EXPENSES
3,311,210.00 225,489.96 3,536,699.96 557,860.62 411,774.51 2,567,064.83 27.4%
08 CAPITAL EXPENDITURES
180,000.00 336,175.43 516,175.43 82,614.12 282,752.11 150,809.20 70.8%
TOTAL FACILITIES
4,507,210.00 561,665.39 5,068,875.39 863,388.63 694,526.62 3,510,960.14 30.7%
0600 LIBRARY
03 SALARIES
1,754,250.00 0.00 1,754,250.00 385,373.06 0.00 1,368,876.94 22.0%
05 EXPENSES
426,900.00 0.00 426,900.00 157,412.78 0.00 269,487.22 36.9%
TOTAL LIBRARY
2,181,150.00 0.00 2,181,150.00 542,785.84 0.00 1,638,364.16 24.9%
0700 DEBT SERVICE
07 DEBT SERVICE
4,818,738.00 0.00 4,818,738.00 1,436,937.50 0.00 3,381,800.50 29.8%
TOTAL DEBT SERVICE
4,818,738.00 0.00 4,818,738.00 1,436,937.50 0.00 3,381,800.50 29.8%
0820 STATE ASSESSMENTS
05 EXPENSES
930,739.00 0.00 930,739.00 151,064.00 0.00 779,675.00 16.2%
TOTAL STATE ASSESSMENTS
930,739.00 0.00 930,739.00 151,064.00 0.00 779,675.00 16.2%
0840 REGIONAL SCHOOL ASSESSMENTS
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Report generated: 10/02/2024 17:57
User: sangstrom
Program ID: glytdbud
Page 5
FOR 2025 03
0840 REGIONAL SCHOOL ASSESSMENTS
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET % USED
05 EXPENSES
1,100,992.00 0.00 1,100,992.00 214,575.00 0.00 886,417.00 19.5%
TOTAL REGIONAL SCHOOL ASSESSMENTS
1,100,992.00 0.00 1,100,992.00 214,575.00 0.00 886,417.00 19.5%
0900 EMPLOYEE BENEFITS
03 SALARIES
82,500.00 0.00 82,500.00 17,797.52 0.00 64,702.48 21.6%
05 EXPENSES
22,267,782.00 25,000.00 22,292,782.00 7,508,456.33 38,000.00 14,746,325.67 33.9%
TOTAL EMPLOYEE BENEFITS
22,350,282.00 25,000.00 22,375,282.00 7,526,253.85 38,000.00 14,811,028.15 33.8%
GRAND TOTAL
124,134,451.00 6,430,748.02 130,565,199.02 24,723,419.36 12,020,860.49 93,820,919.17 28.1%
** END OF REPORT - Generated by Sharon Angstrom **
73
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Report generated: 10/02/2024 17:57
User: sangstrom
Program ID: glytdbud
Page 6
REPORT OPTIONS
Field # Total Page Break
Sequence 1 2 Y N
Sequence 2 5 Y N
Sequence 3 0 N N
Sequence 4 0 N N
Report title:
YEAR-TO-DATE BUDGET REPORT
Includes accounts exceeding 0% of budget.
Print totals only: Y Year/Period: 2025/ 3
Print Full or Short description: F Print MTD Version: N
Print full GL account: N
Format type: 1 Roll projects to object: N
Double space: N Carry forward code: 1
Suppress zero bal accts: Y
Include requisition amount: N
Print Revenues-Version headings: N
Print revenue as credit: Y
Print revenue budgets as zero: N
Include Fund Balance: N
Print journal detail: N
From Yr/Per: 2024/ 1
To Yr/Per: 2024/13
Include budget entries: Y
Incl encumb/liq entries: Y
Sort by JE # or PO #: J
Detail format option: 1
Include additional JE comments: N
Multiyear view: D
Amounts/totals exceed 999 million dollars: Y
Find Criteria
Field Name Field Value
Fund 0100
Budgetary
School Budg
Division/loc
Category
Object Sumry
GAAP
Reserved
Character Code
Org
Object
Project
Account type Expense
74
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Report generated: 10/02/2024 17:57
User: sangstrom
Program ID: glytdbud
Page 7
REPORT OPTIONS
Account status
Rollup Code
75
10/02/2024 TOWN OF READING PAGE 1
16:30:24 WATER FUND REVENUE COMPARISON - DETAIL
BUDGET TO ACTUAL (REVWATERDT) PRIORMNTH SEE PRINT
LAST YEARS LAST YEARS CURRENT YRS CURRENT YR LAST YRS CURRENT
REVISED COLLECTED TO REVISED COLLECTED TO PERCENT % PERCENT
BUDGET THIS MONTH BUDGET THIS MONTH COLLECTED COLLECT
01 REVENUES
61001410 412500 WTR DEFERRED PROPERTY TAXE 0 0 .00 .00 .00 .0 %
61001410 414200 WTR TAX LIENS REDEEMED 0 3,376 .00 2,321.23 .00 .0 %
61001410 414500 WTR TAX FORECLOSURES 0 0 .00 .00 .00 .0 %
61001410 417600 WTR INTEREST CHARGES 0 10,307 .00 9,708.39 .00 .0 %
61001410 417700 COLLECTOR DEMANDS AND FEES 0 0 .00 .00 .00 .0 %
61001417 417000 WTR PEN/INT TAXES/EXCISE 0 0 .00 .00 .00 .0 %
61001420 421100 COLLECTOR WATER USAGE CHAR 7,460,507 1,805,970 7,729,999.00 1,726,766.29 24.21 22.3 %
61001420 421107 COLLECTOR WATER LIENS 2007 0 0 .00 .00 .00 .0 %
61001420 421108 WATER LIENS 2008 0 0 .00 .00 .00 .0 %
61001420 421109 2009 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421110 2010 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421111 2011 WATER LIENS 0 0 .00 -.06 .00 .0 %
61001420 421112 2012 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421113 2013 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421114 2014 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421115 2015 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421116 2016 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421117 2017 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421118 2018 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421119 2019 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421120 2020 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421121 2021 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 421122 2022 WATER LIENS 0 451 .00 .00 .00 .0 %
61001420 421123 2023 WATER LIENS 0 3,493 .00 1,932.19 .00 .0 %
61001420 421124 2024 WATER LIENS 0 0 .00 13,255.68 .00 .0 %
61001420 421125 2025 WATER LIENS 0 0 .00 .00 .00 .0 %
61001420 422100 COLLECTOR OTHER WATER NON- 0 10,101 .00 6,989.60 .00 .0 %
61001430 430000 WTR FEES CHARGES FOR SERVI 0 5,271 .00 5,338.42 .00 .0 %
61001450 450900 WTR RETIREE DRUG SUBSIDY 0 0 .00 .00 .00 .0 %
61001480 480000 WATER OTHER REVENUES 0 0 .00 .00 .00 .0 %
61001480 480500 WTR REIMBURSEMENTS 0 0 .00 .00 .00 .0 %
61001480 484010 REFUND PRIOR YEAR EXPENDIT 0 0 .00 .00 .00 .0 %
61001480 484400 WTR DEVELOPER MITIGATION F 0 0 .00 .00 .00 .0 %
61001480 484410 MWRA BUY-IN JOHNSON WOODS 0 0 .00 .00 .00 .0 %
61001480 484420 WTR MWRA BUY-IN 0 0 .00 .00 .00 .0 %
61001480 484430 MWRA BUY-IN READING WOODS 0 0 .00 .00 .00 .0 %
61001480 485100 WTR INSURANCE REIMB UNDER 0 0 .00 .00 .00 .0 %
61001480 493000 GAIN OR LOSS IN INVESTMENT 0 0 .00 .00 .00 .0 %
61001480 494000 WATER DEPT SALE OF FIXED A 0 0 .00 .00 .00 .0 %
61001480 495000 WTR INSURANCE PROCEEDS 0 0 .00 .00 .00 .0 %
61001482 482000 WTR INVESTMENT EARNINGS 200,000 255,793 150,000.00 .00 127.90 .0 %
TOTAL 01 REVENUES 7,660,507 2,094,764 7,879,999.00 1,766,311.74 27.34 22.4 %
76
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16:30:24 WATER FUND REVENUE COMPARISON - DETAIL
BUDGET TO ACTUAL (REVWATERDT) PRIORMNTH SEE PRINT
LAST YEARS LAST YEARS CURRENT YRS CURRENT YR LAST YRS CURRENT
REVISED COLLECTED TO REVISED COLLECTED TO PERCENT % PERCENT
BUDGET THIS MONTH BUDGET THIS MONTH COLLECTED COLLECT
02 OTHER FINANCING SOURCES
61002490 490099 TRANS FROM MULTI-YR PROJEC 0 0 .00 .00 .00 .0 %
61002490 490900 PREMIUM ON BOND SALE 0 0 .00 .00 .00 .0 %
61002490 491000 BOND PROCEEDS 0 0 .00 .00 .00 .0 %
61002490 492000 TEMPORARY LOAN PROCEEDS 0 0 .00 .00 .00 .0 %
61002490 495100 LEGAL SETTLEMENT 0 0 .00 .00 .00 .0 %
61002490 499984 RESERVED PREMIUMS 0 0 .00 .00 .00 .0 %
61002490 499990 WTR FREE CASH OP BUD SUPPO 1,000,000 0 600,000.00 .00 .00 .0 %
61002497 497100 XFER IN GENERAL FUND 0 0 .00 .00 .00 .0 %
61002497 497200 XFER IN SPECIAL REVENUE FU 145,000 0 .00 .00 .00 .0 %
TOTAL 02 OTHER FINANCING SOURCES 1,145,000 0 600,000.00 .00 .00 .0 %
TOTAL 8,805,507 2,094,764 8,479,999.00 1,766,311.74 23.79 20.8 %
77
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Report generated: 10/02/2024 18:47
User: sangstrom
Program ID: glytdbud
Page 1
FOR 2025 03
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET % USED
6100 WATER FUND
03 SALARIES
913,000.00 0.00 913,000.00 209,053.81 0.00 703,946.19 22.9%
05 EXPENSES
4,148,129.00 242,723.56 4,390,852.56 946,200.37 281,616.99 3,163,035.20 28.0%
07 DEBT SERVICE
2,635,500.00 0.00 2,635,500.00 300,000.00 0.00 2,335,500.00 11.4%
08 CAPITAL EXPENDITURES
75,000.00 573,923.63 648,923.63 0.00 573,923.63 75,000.00 88.4%
09 OTHER FINANCING USES
708,370.00 0.00 708,370.00 0.00 0.00 708,370.00 .0%
TOTAL WATER FUND
8,479,999.00 816,647.19 9,296,646.19 1,455,254.18 855,540.62 6,985,851.39 24.9%
GRAND TOTAL
8,479,999.00 816,647.19 9,296,646.19 1,455,254.18 855,540.62 6,985,851.39 24.9%
** END OF REPORT - Generated by Sharon Angstrom **
78
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Report generated: 10/02/2024 18:47
User: sangstrom
Program ID: glytdbud
Page 2
REPORT OPTIONS
Field # Total Page Break
Sequence 1 1 Y N
Sequence 2 5 Y N
Sequence 3 0 N N
Sequence 4 0 N N
Report title:
YEAR-TO-DATE BUDGET REPORT
Includes accounts exceeding 0% of budget.
Print totals only: Y Year/Period: 2025/ 3
Print Full or Short description: F Print MTD Version: N
Print full GL account: N
Format type: 1 Roll projects to object: N
Double space: N Carry forward code: 1
Suppress zero bal accts: Y
Include requisition amount: N
Print Revenues-Version headings: N
Print revenue as credit: Y
Print revenue budgets as zero: N
Include Fund Balance: N
Print journal detail: N
From Yr/Per: 2024/ 1
To Yr/Per: 2024/13
Include budget entries: Y
Incl encumb/liq entries: Y
Sort by JE # or PO #: J
Detail format option: 1
Include additional JE comments: N
Multiyear view: D
Amounts/totals exceed 999 million dollars: Y
Find Criteria
Field Name Field Value
Fund 6100
Budgetary
School Budg
Division/loc
Category
Object Sumry
GAAP
Reserved
Character Code
Org
Object
Project
Account type Expense
79
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User: sangstrom
Program ID: glytdbud
Page 3
REPORT OPTIONS
Account status
Rollup Code
80
10/02/2024 TOWN OF READING PAGE 1
16:30:44 SEWER FUND REVENUE COMPARISON - DETAIL
BUDGET TO ACTUAL (REVSEWERDT) PRIORMNTH SEE PRINT
LAST YEARS LAST YEARS CURRENT YRS CURRENT YR LAST YRS CURRENT
REVISED COLLECTED TO REVISED COLLECTED TO PERCENT % PERCENT
BUDGET THIS MONTH BUDGET THIS MONTH COLLECTED COLLECT
01 REVENUES
62001410 412500 SEWER DEFERRED PROPERTY TA 0 0 .00 .00 .00 .0 %
62001410 414200 SEWER TAX LIENS REDEEMED 0 3,551 .00 2,464.07 .00 .0 %
62001410 414500 SEWER TAX FORECLOSURES 0 0 .00 .00 .00 .0 %
62001410 417600 SEWER INTEREST CHARGES 0 10,636 .00 9,721.88 .00 .0 %
62001417 417000 SEWER PEN/INT TAXES/EXCISE 0 0 .00 .00 .00 .0 %
62001420 421108 2008 WTR LIENS 0 0 .00 .00 .00 .0 %
62001420 421200 SEWER USAGE CHARGES 6,941,992 1,701,340 7,607,251.00 1,658,408.16 24.51 21.8 %
62001420 421207 2007 COLLECTOR SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421208 2008 COLLECTOR SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421209 2009 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421210 2010 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421211 2011 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421212 2012 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421213 2013 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421214 2014 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421215 2015 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421216 2016 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421217 2017 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421218 2018 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421219 2019 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421220 2020 SEWER LEINS 0 0 .00 .00 .00 .0 %
62001420 421221 2021 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001420 421222 2022 SEWER LEINS 0 0 .00 .00 .00 .0 %
62001420 421223 2023 SEWER LIENS 0 3,243 .00 2,046.11 .00 .0 %
62001420 421224 2024 SEWER LIENS 0 0 .00 11,667.39 .00 .0 %
62001420 421225 2025 SEWER LIENS 0 0 .00 .00 .00 .0 %
62001430 430000 SEWER FEES CHARGES FOR SVC 0 0 .00 .00 .00 .0 %
62001430 430440 SEWER SEPTIC TANK SEWERAGE 0 0 .00 .00 .00 .0 %
62001430 432200 SEWER INSPECTION FEE 0 950 .00 1,425.00 .00 .0 %
62001460 460000 SEWER STATE GRANT FUNDS 0 0 .00 .00 .00 .0 %
62001475 475400 SEWER/HOUSE ASMT-PAID IN A 0 0 .00 .00 .00 .0 %
62001475 475408 2008 SEWER/HOUSE ASMNT-TAX 0 0 .00 .00 .00 .0 %
62001475 475409 2009 SEWER/HOUSE ASMNT-TAX 0 0 .00 .00 .00 .0 %
62001475 475410 2010 SEWER/HOUSE ASMNT TAX 0 0 .00 .00 .00 .0 %
62001475 475411 2011 SEWER/HOUSE ASMNT TAX 0 0 .00 .00 .00 .0 %
62001475 475412 2012 SEWER/HOUSE ASMNT TAX 0 0 .00 .00 .00 .0 %
62001475 475413 2013 SEWER/HOUSE ASMNT TAX 0 0 .00 .00 .00 .0 %
62001475 475414 2014 SEWER/HOUSE ASMNT TAX 0 0 .00 .00 .00 .0 %
62001475 475415 2015 SEWER/HOUSE ASMNT TAX 0 0 .00 .00 .00 .0 %
62001475 475416 2016 SEWER/HOUSE ASMNT TAX 0 0 .00 .00 .00 .0 %
62001475 475417 2017 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
62001475 475418 2018 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
81
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16:30:44 SEWER FUND REVENUE COMPARISON - DETAIL
BUDGET TO ACTUAL (REVSEWERDT) PRIORMNTH SEE PRINT
LAST YEARS LAST YEARS CURRENT YRS CURRENT YR LAST YRS CURRENT
REVISED COLLECTED TO REVISED COLLECTED TO PERCENT % PERCENT
BUDGET THIS MONTH BUDGET THIS MONTH COLLECTED COLLECT
62001475 475419 2019 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
62001475 475420 2020 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
62001475 475421 2021 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
62001475 475422 2022 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
62001475 475423 2023 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
62001475 475424 2024 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
62001475 475425 2025 SEWER/HOUSE ASMT TAXE 0 0 .00 .00 .00 .0 %
62001475 475500 SEWER ASMT-PAID IN ADVANCE 0 0 .00 .00 .00 .0 %
62001475 475508 2008 SEWER ASMT - TAXES 0 0 .00 .00 .00 .0 %
62001475 475509 2009 SEWER ASMT - TAXES 0 0 .00 .00 .00 .0 %
62001475 475510 2010 SEWER ASMNT TAXES 0 0 .00 .00 .00 .0 %
62001475 475511 2011 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475512 2012 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475513 2013 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475514 2014 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475515 2015 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475516 2016 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475517 2017 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475518 2018 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475519 2019 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475520 2020 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475521 2021 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475522 2022 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475523 2023 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475524 2024 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475525 2025 SEWER ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475614 2014 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475615 2015 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475616 2016 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475617 2017 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475618 2018 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475619 2019 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475620 2020 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475621 2021 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001475 475622 2022 STREET ASMT TAXES 0 0 .00 .00 .00 .0 %
62001480 480500 SEWER REIMBURSEMENTS 0 0 .00 .00 .00 .0 %
62001480 484010 REFUND PRIOR YEAR EXPENDIT 0 0 .00 .00 .00 .0 %
62001480 484440 SEWER I & I DEVELOPER FUND 0 0 .00 .00 .00 .0 %
62001480 484450 SEWER I&I READING WOODS PU 0 0 .00 .00 .00 .0 %
62001480 484460 SEWER I&I JOHNSON WOODS 0 0 .00 .00 .00 .0 %
62001482 482000 SEWER INTEREST 200,000 139,245 150,000.00 .00 69.62 .0 %
TOTAL 01 REVENUES 7,141,992 1,858,967 7,757,251.00 1,685,732.61 26.03 21.7 %
82
10/02/2024 TOWN OF READING PAGE 3
16:30:44 SEWER FUND REVENUE COMPARISON - DETAIL
BUDGET TO ACTUAL (REVSEWERDT) PRIORMNTH SEE PRINT
LAST YEARS LAST YEARS CURRENT YRS CURRENT YR LAST YRS CURRENT
REVISED COLLECTED TO REVISED COLLECTED TO PERCENT % PERCENT
BUDGET THIS MONTH BUDGET THIS MONTH COLLECTED COLLECT
02 OTHER FINANCING SOURCES
62002490 490099 TRANS FROM MULTI-YR PROJEC 0 0 .00 .00 .00 .0 %
62002490 490900 PREMIUM ON BOND SALE 0 0 .00 .00 .00 .0 %
62002490 499984 RESERVED PREMIUMS 0 0 .00 .00 .00 .0 %
62002490 499990 SEWER FREE CASH OP BUD SUP 1,000,000 0 1,300,000.00 .00 .00 .0 %
62002497 497100 XFER IN GENERAL FUND 0 0 .00 .00 .00 .0 %
TOTAL 02 OTHER FINANCING SOURCES 1,000,000 0 1,300,000.00 .00 .00 .0 %
TOTAL 8,141,992 1,858,967 9,057,251.00 1,685,732.61 22.83 18.6 %
83
TOWN OF READING
YEAR-TO-DATE BUDGET REPORT
Report generated: 10/02/2024 18:51
User: sangstrom
Program ID: glytdbud
Page 1
FOR 2025 03
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET % USED
6200 SEWER FUND
03 SALARIES
496,800.00 0.00 496,800.00 110,401.60 0.00 386,398.40 22.2%
05 EXPENSES
6,259,491.00 213,458.49 6,472,949.49 1,198,655.92 208,123.59 5,066,169.98 21.7%
07 DEBT SERVICE
1,331,075.00 0.00 1,331,075.00 42,200.00 0.00 1,288,875.00 3.2%
08 CAPITAL EXPENDITURES
675,000.00 210,146.40 885,146.40 1,136.06 558,994.34 325,016.00 63.3%
09 OTHER FINANCING USES
294,885.00 0.00 294,885.00 0.00 0.00 294,885.00 .0%
TOTAL SEWER FUND
9,057,251.00 423,604.89 9,480,855.89 1,352,393.58 767,117.93 7,361,344.38 22.4%
GRAND TOTAL
9,057,251.00 423,604.89 9,480,855.89 1,352,393.58 767,117.93 7,361,344.38 22.4%
** END OF REPORT - Generated by Sharon Angstrom **
84
TOWN OF READING
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Report generated: 10/02/2024 18:51
User: sangstrom
Program ID: glytdbud
Page 2
REPORT OPTIONS
Field # Total Page Break
Sequence 1 1 Y N
Sequence 2 5 Y N
Sequence 3 0 N N
Sequence 4 0 N N
Report title:
YEAR-TO-DATE BUDGET REPORT
Includes accounts exceeding 0% of budget.
Print totals only: Y Year/Period: 2025/ 3
Print Full or Short description: F Print MTD Version: N
Print full GL account: N
Format type: 1 Roll projects to object: N
Double space: N Carry forward code: 1
Suppress zero bal accts: Y
Include requisition amount: N
Print Revenues-Version headings: N
Print revenue as credit: Y
Print revenue budgets as zero: N
Include Fund Balance: N
Print journal detail: N
From Yr/Per: 2024/ 1
To Yr/Per: 2024/13
Include budget entries: Y
Incl encumb/liq entries: Y
Sort by JE # or PO #: J
Detail format option: 1
Include additional JE comments: N
Multiyear view: D
Amounts/totals exceed 999 million dollars: Y
Find Criteria
Field Name Field Value
Fund 6200
Budgetary
School Budg
Division/loc
Category
Object Sumry
GAAP
Reserved
Character Code
Org
Object
Project
Account type Expense
85
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YEAR-TO-DATE BUDGET REPORT
Report generated: 10/02/2024 18:51
User: sangstrom
Program ID: glytdbud
Page 3
REPORT OPTIONS
Account status
Rollup Code
86
10/02/2024 TOWN OF READING PAGE 1
16:31:08 STORM WATER FUND REVENUE COMPARISON - DETAIL
BUDGET TO ACTUAL (REVSTMWATDT) PRIORMTH SEE PRINT
LAST YEARS LAST YEARS CURRENT YRS CURRENT YR LAST YRS CURRENT
REVISED COLLECTED TO REVISED COLLECTED TO PERCENT % PERCENT
BUDGET THIS MONTH BUDGET THIS MONTH COLLECTED COLLECT
01 REVENUES
65001410 412500 STM WTR DEFERRED PROPERTY 0 0 .00 .00 .00 .0 %
65001410 414200 STM WTR TAX LIENS REDEEMED 0 475 .00 248.59 .00 .0 %
65001410 414500 STM WTR TAX FORECLOSURES 0 0 .00 .00 .00 .0 %
65001410 417600 STM WTR INTEREST CHARGES 0 871 .00 799.82 .00 .0 %
65001417 417000 STM WTR PEN/INT TAXES/EXCI 0 0 .00 .00 .00 .0 %
65001420 421300 STM WTR MGMT CHARGES 558,700 155,116 647,545.00 146,713.50 27.76 22.7 %
65001420 421308 STM WTR MGMT LIENS 2008 0 0 .00 .00 .00 .0 %
65001420 421309 2009 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421310 2010 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421311 2011 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421312 2012 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421313 2013 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421314 2014 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421315 2015 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421316 2016 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421317 2017 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421318 2018 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421319 2019 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421320 2020 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421321 2021 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001420 421322 2022 STORM WATER MGMT LIEN 0 26 .00 .00 .00 .0 %
65001420 421323 2023 STORM WATER MGMT LIEN 0 255 .00 269.48 .00 .0 %
65001420 421324 2024 STORM WATER MGMT LIEN 0 0 .00 1,104.13 .00 .0 %
65001420 421325 2025 STORM WATER MGMT LIEN 0 0 .00 .00 .00 .0 %
65001482 482000 STM WTR INVESTMENT EARNING 25,000 20,073 20,000.00 .00 80.29 .0 %
TOTAL 01 REVENUES 583,700 176,818 667,545.00 149,135.52 30.29 22.3 %
87
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16:31:08 STORM WATER FUND REVENUE COMPARISON - DETAIL
BUDGET TO ACTUAL (REVSTMWATDT) PRIORMTH SEE PRINT
LAST YEARS LAST YEARS CURRENT YRS CURRENT YR LAST YRS CURRENT
REVISED COLLECTED TO REVISED COLLECTED TO PERCENT % PERCENT
BUDGET THIS MONTH BUDGET THIS MONTH COLLECTED COLLECT
02 OTHER FINANCING SOURCES
65002490 490099 TRANS FROM MULTI-YR PROJEC 0 0 .00 .00 .00 .0 %
65002490 490900 PREMIUM ON BOND SALE 0 0 .00 .00 .00 .0 %
65002490 499990 STM WTR FREE CASH OP BUDSU 400,000 0 475,000.00 .00 .00 .0 %
65002497 497100 XFER IN GENERAL FUND 0 0 .00 .00 .00 .0 %
TOTAL 02 OTHER FINANCING SOURCES 400,000 0 475,000.00 .00 .00 .0 %
TOTAL 983,700 176,818 1,142,545.00 149,135.52 17.97 13.1 %
88
TOWN OF READING
YEAR-TO-DATE BUDGET REPORT
Report generated: 10/02/2024 18:56
User: sangstrom
Program ID: glytdbud
Page 1
FOR 2025 03
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET % USED
6500 STORM WATER MANAGEMENT FUND
03 SALARIES
125,300.00 0.00 125,300.00 18,276.92 0.00 107,023.08 14.6%
05 EXPENSES
137,750.00 96,982.18 234,732.18 14,912.13 92,095.96 127,724.09 45.6%
07 DEBT SERVICE
111,575.00 0.00 111,575.00 0.00 0.00 111,575.00 .0%
08 CAPITAL EXPENDITURES
650,000.00 91,289.86 741,289.86 3,428.63 440,011.23 297,850.00 59.8%
09 OTHER FINANCING USES
117,920.00 0.00 117,920.00 0.00 0.00 117,920.00 .0%
TOTAL STORM WATER MANAGEMENT FUND
1,142,545.00 188,272.04 1,330,817.04 36,617.68 532,107.19 762,092.17 42.7%
GRAND TOTAL
1,142,545.00 188,272.04 1,330,817.04 36,617.68 532,107.19 762,092.17 42.7%
** END OF REPORT - Generated by Sharon Angstrom **
89
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Report generated: 10/02/2024 18:56
User: sangstrom
Program ID: glytdbud
Page 2
REPORT OPTIONS
Field # Total Page Break
Sequence 1 1 Y N
Sequence 2 5 Y N
Sequence 3 0 N N
Sequence 4 0 N N
Report title:
YEAR-TO-DATE BUDGET REPORT
Includes accounts exceeding 0% of budget.
Print totals only: Y Year/Period: 2025/ 3
Print Full or Short description: F Print MTD Version: N
Print full GL account: N
Format type: 1 Roll projects to object: N
Double space: N Carry forward code: 1
Suppress zero bal accts: Y
Include requisition amount: N
Print Revenues-Version headings: N
Print revenue as credit: Y
Print revenue budgets as zero: N
Include Fund Balance: N
Print journal detail: N
From Yr/Per: 2024/ 1
To Yr/Per: 2024/13
Include budget entries: Y
Incl encumb/liq entries: Y
Sort by JE # or PO #: J
Detail format option: 1
Include additional JE comments: N
Multiyear view: D
Amounts/totals exceed 999 million dollars: Y
Find Criteria
Field Name Field Value
Fund 6500
Budgetary
School Budg
Division/loc
Category
Object Sumry
GAAP
Reserved
Character Code
Org
Object
Project
Account type Expense
90
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Report generated: 10/02/2024 18:56
User: sangstrom
Program ID: glytdbud
Page 3
REPORT OPTIONS
Account status
Rollup Code
91
TOWN OF READING
YEAR-TO-DATE BUDGET REPORT
Report generated: 10/02/2024 19:01
User: sangstrom
Program ID: glytdbud
Page 1
FOR 2025 04
ACCOUNTS FOR: 2280 FGRT ARPA CLFRF GRANT
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD ACTUAL ENCUMBRANCES AVAILABLE BUDGET % USED
01 REVENUES
228J1450 450000 FEDERAL REVENUE
-7,592,234.00 0.48 -7,592,233.52 -7,592,233.52 0.00 0.00 100.0%
TOTAL REVENUES
-7,592,234.00 0.48 -7,592,233.52 -7,592,233.52 0.00 0.00 100.0%
03 SALARIES
228J3511 511000 PREMIUM PAY
592,234.00 307,765.52 899,999.52 894,972.17 0.00 5,027.35 99.4%
228J3511 511154 ADD'L STAFF HRS - SR PROGRAMS
100,000.00 25,000.00 125,000.00 122,975.00 0.00 2,025.00 98.4%
TOTAL SALARIES
692,234.00 332,765.52 1,024,999.52 1,017,947.17 0.00 7,052.35 99.3%
05 EXPENSES
228J5530 530000 BURBANK Y DISABILITY PROGRAMS
3,500,000.00 -3,403,900.00 96,100.00 96,100.00 0.00 0.00 100.0%
228J5530 530001 TREE & INVASIVE SPECIES REMOVA
100,000.00 0.00 100,000.00 99,183.00 560.00 257.00 99.7%
228J5530 530002 CONSERVATION SURVEYS
8,000.00 -8,000.00 0.00 0.00 0.00 0.00 .0%
228J5530 530003 MAILLET SOMMES STWTR PROJECT
77,000.00 0.00 77,000.00 77,000.00 0.00 0.00 100.0%
228J5578 578000 COVID19 MITIGATION
3,500,000.00 -3,261,034.00 238,966.00 217,606.09 0.00 21,359.91 91.1%
228J5578 578019 TRAILS COMMITTEE SUPPLIES
11,620.00 0.00 11,620.00 11,581.01 0.00 38.99 99.7%
228J5578 578023 LITERACY CURRICULUM & PD
0.00 2,000,000.00 2,000,000.00 1,490,266.00 509,734.00 0.00 100.0%
228J5578 578041 SR PROGRAMS & FEASABILITY STDY
800,000.00 -25,000.00 775,000.00 384,491.05 267,668.02 122,840.93 84.1%
228J5578 578042 SR CTR DUE DILIGENCE EXP
0.00 8,034.00 8,034.00 8,034.00 0.00 0.00 100.0%
92
TOWN OF READING
YEAR-TO-DATE BUDGET REPORT
Report generated: 10/02/2024 19:01
User:sangstrom
Program ID: glytdbud
Page 2
FOR 2025 04
ACCOUNTS FOR: 2280 FGRT ARPA CLFRF GRANT
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD ACTUAL ENCUMBRANCES AVAILABLE BUDGET % USED
228J5578 578043 RHC DIGITIZING PHOTOS/MAPS
0.00 13,500.00 13,500.00 4,323.35 0.00 9,176.65 32.0%
228J5578 578044 CC SURVEYS & BM STEWARDSHIP
0.00 30,500.00 30,500.00 14,900.00 0.00 15,600.00 48.9%
228J5578 578045 READING CHAMBER BUS SUPPORT
0.00 29,000.00 29,000.00 29,000.00 0.00 0.00 100.0%
228J5578 578046 RR FALL ST FAIR EXPENSES
0.00 25,000.00 25,000.00 25,000.00 0.00 0.00 100.0%
228J5578 578047 READING GARDEN LOST REVENUE
0.00 4,000.00 4,000.00 4,000.00 0.00 0.00 100.0%
228J5578 578048 READING FD PANTRY ASSISTANCE
0.00 74,200.00 74,200.00 74,200.00 0.00 0.00 100.0%
228J5578 578049 FIRST CONGRESSIONAL ASSIST
0.00 4,000.00 4,000.00 4,000.00 0.00 0.00 100.0%
TOTAL EXPENSES
7,996,620.00 -4,509,700.00 3,486,920.00 2,539,684.50 777,962.02 169,273.48 95.1%
08 CAPITAL EXPENDITURES
228J8581 581005 BM MASTER PHASE I
0.00 1,500,000.00 1,500,000.00 1,500,000.00 0.00 0.00 100.0%
228J8588 588460 WATER CAPITAL PROJECTS
0.00 785,314.00 785,314.00 785,314.00 0.00 0.00 100.0%
TOTAL CAPITAL EXPENDITURES
0.00 2,285,314.00 2,285,314.00 2,285,314.00 0.00 0.00 100.0%
09 OTHER FINANCING USES
228J9596 596500 XFER TO ENTERPRISE FDS
0.00 795,000.00 795,000.00 795,000.00 0.00 0.00 100.0%
TOTAL OTHER FINANCING USES
0.00 795,000.00 795,000.00 795,000.00 0.00 0.00 100.0%
TOTAL FGRT ARPA CLFRF GRANT
1,096,620.00 -1,096,620.00 0.00 -954,287.85 777,962.02 176,325.83 100.0%
TOTAL REVENUES
-7,592,234.00 0.48 -7,592,233.52 -7,592,233.52 0.00 0.00
TOTAL EXPENSES
8,688,854.00 -1,096,620.48 7,592,233.52 6,637,945.67 777,962.02 176,325.83
93
TOWN OF READING
YEAR-TO-DATE BUDGET REPORT
Report generated: 10/02/2024 19:01
User: sangstrom
Program ID: glytdbud
Page 3
FOR 2025 04
ORIGINAL APPROP TRANS/ADJSMTS REVISED BUDGET YTD ACTUAL ENCUMBRANCES AVAILABLE BUDGET % USED
GRAND TOTAL
1,096,620.00 -1,096,620.00 0.00 -954,287.85 777,962.02 176,325.83 100.0%
** END OF REPORT - Generated by Sharon Angstrom **
94
TOWN OF READING
YEAR-TO-DATE BUDGET REPORT
Report generated: 10/02/2024 19:01
User: sangstrom
Program ID: glytdbud
Page 4
REPORT OPTIONS
Field # Total Page Break
Sequence 1 1 Y Y
Sequence 2 5 Y N
Sequence 3 0 N N
Sequence 4 0 N N
Report title:
YEAR-TO-DATE BUDGET REPORT
Includes accounts exceeding 0% of budget.
Print totals only: N Year/Period: 2025/ 4
Print Full or Short description: F Print MTD Version: N
Print full GL account: N
Format type: 1 Roll projects to object: N
Double space: N Carry forward code: 1
Suppress zero bal accts: Y
Include requisition amount: N
Print Revenues-Version headings: N
Print revenue as credit: Y
Print revenue budgets as zero: N
Include Fund Balance: N
Print journal detail: N
From Yr/Per: 2024/ 1
To Yr/Per: 2024/13
Include budget entries: Y
Incl encumb/liq entries: Y
Sort by JE # or PO #: J
Detail format option: 1
Include additional JE comments: N
Multiyear view: D
Amounts/totals exceed 999 million dollars: Y
Find Criteria
Field Name Field Value
Fund 2280
Budgetary
School Budg
Division/loc
Category
Object Sumry
GAAP
Reserved
Character Code
Org
Object
Project
Account type
95
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Report generated: 10/02/2024 19:01
User: sangstrom
Program ID: glytdbud
Page 5
REPORT OPTIONS
Account status
Rollup Code
96
Amazon Item Description #Total Events Event Name Description Ages EST Price
1 ThermoWork
Thermapen Inspector 1 $115 1 Maternal Health Free Birthing/Maternal Class with a Doula and Refreshments 20 to 40 500
2 Medical Info Cards Event Handouts 6 95.94 2 Female Health Post Menopause How to help and prepare body with OBGYN 40+400
3 Stress Ball Keychains Event Handouts 5 94.95 3 Healing with Herbs Herbs and Supplements improving Health with Herbalist ALL 350
4 Paper Weights Office Supply 2 26.98 4 Artisitic Embrace Expand Creativity for kids with Dandelion and Refreshments 4 to 15 700
5 Desk Partition Office Supply 1 1,181.99 5 The BS on BMI How to talk to your kids about Healthy Lifestyles without Shaming with
Nutrionist and Refreshemnts
Parents of
adolescents and 350
6 Secchi Disk Inspector 1 24.08 6 Sex Education Sex Education For Different Groups with Sex Ed Teacher Different Groups 1000
7 Taylor Pool Kit Inspector 1 164.99 Total:3300
8 CPR Manikin Kit Nurse 1 1835.95
9 Batteries AA/AAA Office Supply 2 42.49
10 Neuro Reflex
Hammer Nurse 1 12.37
11 Nurse Bag Nurse 1 39.99 Total:12519.83
12 Finger Pulse
Oximeter Nurse 1 22.95
13 Stethoscope Bag Nurse 1 14.96 Stop the Bleed Item Description #Total
14 Calendar Office Supply 2 24.94 1 Training Kit Nurse 1 1200
15 Pupil Penlight Nurse 1 8.99 Total:1200
16 First Aid Kit Nurse 2 42.7
17 Trauma Shears Nurse 1 23.99
REHS
Examinatio
n
Item Description #Total
18 Gauze Nurse 1 23.87 1 Course Workbook Inspector 1 199
19 Gloves Nurse 1 59.98 Total:199
20 Journal Notebooks Nurse 1 37.99
21 Pens Office Supply 3 37.94
22 Ultraviolet LED Light Inspector 1 13.99 TOTAL:21359.91
23 Dishwasher
Thermometer Inspector 1 64.96
24 Scissors Office Supply 1 12.99
25 Stapler Office Supply 1 14.78
26 Tissues Office Supply 1 27.47
27 Notepads Office Supply 1 16.45
28 Ipad Keyboard Inspector 1 24.83
29 Bandaids Nurse 1 32.57
Total:4141.08
PRICES CHANGE DAILY ON AMAZON SO MAY BE A FEW DOLLARS DIFFERENT
Rodent Mitagation
Health Department ARPA Proposal
97
98
99
S Y M O N D S W A Y
RANGE ROAD
PROPOSED
GYMNASIUM
PROPOSED
COMMUNITY
CENTER
BURBANK ICE ARENA
51 SYMONDS WAY
PROPERTY LINE
35' WETLAND BUFFER
WETLAND DROP OFFPARKING
(+/- 91 SPACES)
7
17
12
17
7
PARKING LOT
SETBACK
EASEMENT
EDGE OF EXISTING
UNPAVED ROAD
PROPOSED
PROPERTY LINE
5
17
5
4
North
Bargmann Hendrie + Archetype 9 Channel Center Street Boston, MA 02210
V.2.1
Site Plan
ReCAL Symonds Way Conceptual Plan
Town of Reading
P:\3513 Reading CAL\dwg\01-sd\2024 0807 8 Pickleball
08/07/2024 0'100' 200'50'
100
PICKLEBALL AT SYMONDS WAY
This Photo by Unknown Author is licensed under CC BY-NC-ND
101
CURRENT PICKLEBALL PROCESS/INFORMATION
Memorial Park: 4 courts located within two tennis courts.
-Reservation required online at playlocal.com
-Can reserve courts 2 weeks in advance starting 6AM
-Reservation limited (Minimum 1hr with a 2hr daily max per person)
-Reservations available from 8:00AM to 8:00PM (Weekday/Weekends)
-Resident NO fee for reservations, Non-Residents $25 per reservation
102
BY THE NUMBERS
MONTHLY COURT USAGE: MAY TO AUGUST 2024
4 COURTS AVAILABLE EACH HOUR FROM 8:00AM TO 8:00PM
12HRS PER DAY X 4 COURTS: 48 TOTAL AVAILABLE RESERVATIONS PER DAY
May 2024 (31 Days)-1488 potential hours of available bookings-1233 hours booked (83.53%)
June 2024 (30 Days)1440 potential hours of available bookings1286 hours booked (89.30%)
July (31 Days)1488 potential hours of available bookings1194 hours booked (80.24%)
August (31 Days) 1488 potential hours of available bookings1258 hours booked (84.54%)
September (30 Days) 1440 potential hours of available bookings1144 hours booked (79.44%)
*MONTHLY ESTIMATED COURT USAGE WHEN
COUNTING INDIVIDUALS ON COURT HOURLY.
May : 3,699
June: 3,858
July: 3,582
August: 3,744
September: 3,432
TOTAL: 18,315 (5 months)
* Based on an average of 3 per court (single play 2/double play 4) with
the understanding some individuals are playing 2 hours vs 1 hour and a
number of times each month.
103
Symonds Way Exploratory Committee (SWEC)
Put together last year to provide input on the best
usage of the Symonds Way Land prior to the Reading
Center for Active Living Committee. This Committee
put an emphasis on community involvement with
surveys.
Question 1: What are your top priorities for
improving the quality of life in Reading
Top answer: Recreation 66.76%
362 Fill in responses: Top 3
1. Additional Hockey Rink (113)
2. Pickleball Courts (73)
3. Field (turf/outdoor/athletic fields) (39)
Question 2: Rank the priority of following projects
from important to least important.
TOP 3 Rankings
1. Outdoor Athletic Fields/Courts
2. Recreation Center (Indoor)
3. Conservation
104
Obtained from SWEC presentation to Select Board
105
Obtained from SWEC Presentation to Select Board
106
READING CENTER FOR ACTIVE LIVING COMMITTEE
RCALC
▪MISSION: Explore the current and future
needs of the Community, and initiate
planning for a potential new
Senior/Community Center in town that
will focus on residents aged 60+ and
possibly other members of the
Community.
▪PROPOSED CONCEPTUAL
DESIGNS FOR SYMONDS WAY
LOCATION AS PRESENTED TO
SELECT BOARD
▪1 of 3 Locations EXPLORED
-Pleasant Street
-Oakland Road
-Symonds Way
▪DESIGN ONLY SHOWS 6 COURTS, would
like to explore the potential of 8 courts to
meet the community need.
107
CONCEPTUAL WITH
PROPOSED 8 COURTS
▪WILL MEET THE NEED OF THE FASTEST
GROWING SPORT IN AMERICA AND
OUR COMMUNITY
▪DOES NOT CHANGE THE LAYOUT OF
THE PROPOSED READING CENTER FOR
ACTIVE LIVING AND WOULD BE AN
IDEAL LOCATION FOR ALL AGES.
▪NO HOMES IN THE GENERAL AREA TO
ALLEVIATE ANY NOISe ISSUES
▪WILL BE ABLE TO PROVIDE ADEQUATE
AND ACCESSIBLE PARKING
▪ABLE TO MAXIMIZE THE SMALL
AVAILABLE PIECE OF LAND IN THAT
AREA
▪LOCATION DOES ALLOW FOR LIGHTS
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GOALS/NEXT STEPS:
HAVE SELECT BOARD ALLOCATE LAND TO BEGIN EXPLORING THE PROCESS OF BUILDING EIGHT (8) PERMANENT
PICKLEBALL COURTS ON THE SYMONDS WAY PROPERTY.
IF ALLOCATED, READING PICKLEBALL PLAYERS ASSOCIATION (RPPA) WOULD LOOK TO RAISE MORE PRIVATE
FUNDING FOR DONATIONS AND THIS WOULD BE ONGOING. CURRENTLY HAVE $140,000 RAISED.
TEST LAND FOR CONTAMINANTS
DEVELOP INITIAL PLANS FOR ESTIMATE PLANNING PURPOSES INCLUDING SITE PREPARATION, COURTS, FENCING,
LIGHTING, PARKING AND OBTAIN INITIAL ESTIMATES
DEVELOP WARRANT FOR SPRING TOWN MEETING INCLUDING ESTIMATE AND PROPOSED PRIVATE DONATION
FROM RPPA.
GOAL WOULD BE TO POTENTIALLY AWARD THE CONTRACT FOR THE START OF FY26, WITH THE BREAKING OF
GROUND IN LATE SUMMER OR FALL 2025.
109
PRESENTATION
110
Downtown Paid Parking Rollout Update
Date
Daily
Trans
Upper
Haven
Brande
Ct
# users
paying
# users
w/App
% using
app
1 hour
$0
% 1 hr
users App $Kiosk $
# coin
trans
% coin
trans
M 23-Sep 66 52 14 25 20 30%41 62%17$ 57$ 6 9%
T 24-Sep 59 35 24 26 21 36%33 56%12$ 33$ 2 3%
W 25-Sep 58 43 15 27 26 45%31 53%29$ 25$ 2 3%
TH 26-Sep 80 57 23 43 31 39%37 46%33$ 41$ 6 8%
F 27-Sep 79 69 10 26 43 54%53 67%34$ 49$ 2 3%
Sat 28-Sep 22 22 0 10 22 100%12 55%10$ -$ 0 0%
Sun 29-Sep 5 5 0 1 5 100%4 80%1$ -$ 0 0%
Totals 369 283 86 158 168 46%211 57%136$ 205$ 18 5%
Date
Daily
Trans
Upper
Haven
Brande
Ct
# users
paying
# users
w/App
% using
app
1 hour
$0
% 1 hr
users App $ Kiosk $
# coin
trans
% coin
trans
M 30-Sep 53 44 9 18 30 57%35 66%26$ 21$ 3 6%
T 1-Oct 98 70 28 35 33 34%63 64%32$ 26$ 5 5%
W 2-Oct 87 69 18 26 41 47%61 70%21$ 17$ 4 5%
TH 3-Oct 88 71 17 30 40 45%58 66%11$ 45$ 8 9%
F 4-Oct 156 134 22 32 63 40%124 79%33$ 51$ 14 9%
Sat 5-Oct 13 13 0 3 13 100%10 77%3$ -$ 0 0%
Sun 6-Oct 3 3 0 1 3 100%2 67%23$ -$ 0 0%
Totals 498 404 94 145 223 45%353 71%149$ 160$ 34 7%
Total 2
weeks:867 564 65%285$ 365$
2020: 125 Employee Placards sold out of 150
2021: 146 Employee Placards sold out of 150
2022: 236 Employee Placards sold out of 250 (PARC formed to address needs of Businesses; 80 spots added for Employee Parking)
2023: 223 Employee Placards sold out of 250
2024: To date 218 Placards sold out of 250 (12 of them being sold on or after 9/23/2024 once the Kiosks were up and running)
111
2024
DRAFT - SELECT BOARD
AGENDAS
Staff Responsibility Estimated start time
October 15, 2024 Tuesday
Presentation on Tax Classification Santaniello 6:00
October 29, 2024 Tuesday
Overview of Meeting 7:00
Public Comment 7:05
Select Board Liaison and Town
Manager Reports 7:15
Hearing Discuss and Vote on Tax Classification 7:30
Discuss and Vote on Symonds Way
Land for Pickleball
Second Water Meter Pilot Program
Discussion
Future of the Pleasant Street Center
Building
Executive Session Facilities Union Contract Discussion
November 5, 2024 STATE ELECTION
November 12, 2024 SUBSEQUENT TOWN MEETING
November 14, 2024 SUBSEQUENT TOWN MEETING
November 18, 2024 SUBSEQUENT TOWN MEETING
November 19, 2024 Tuesday
November 21, 2024 SUBSEQUENT TOWN MEETING
December 3, 2024 Tuesday
Vote to approve Annual Liquor
Licenses
December 4, 2024 Wednesday
Department Budget Presentations
December 10, 2024 Tuesday
Department Budget Presentations
Recurring Agenda Items
Close Warrant: Annual Town
Meeting March
Close Warrant: Subsequent Town
Meeting September
Appoint Town Accountant March Annual
HEARING
Approve Classification &
Compensation May Annual
Appointments of Boards &
Committees May/June Annual
HEARING Approve Tax Classification October Annual
Approve Licenses December Annual
112
2024
DRAFT - SELECT BOARD
AGENDAS
Staff Responsibility Estimated start time
Arbor Day Proclamation April Annual
Liaison: RCTV members Report Annual
Liaison: CAB (RMLD) member
Report Annual
Liaison: MAPC member Report Annual
Liaison: Reading Housing Authority
Report Annual
Liaison: Reading Ice Arena Report Annual
Town Accountant Report Qtrly
Economic Development Director Semi-ann
Parking/Traffic/Transportation
Task Force (PTTTF)
Town Board & Committee visits
Town Department visits
Review Select Board Goals
Review Town Manager Goals February/March
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Select Board Draft Minutes
September 10, 2024
Public Comment
Chris Haley noted he is speaking as a resident and not a Select Board member. He noted he
is unable to give his opinions on anything related to MBTA Communities or Haven
Streetscape project tonight as a Select Board member because he owns commercial property
on Haven Street. He thanked Guy Manganiello for filing his disclosure form to participate in
the MBTA Communities properly but unfortunately, he was attacked by members in this room
and the public online. He then noted he does not support the Haven Streetscape project or
MBTA Communities.
Liaison Reports
Murphy gave updates on the recent School Committee meeting. She also noted there will be
two more public hearings hosted by CPDC regarding MBTA Communities, one on
September 16 and another on September 19.
Herrick attended a recent Lunch N’ Learn at the Pleasant Street Center. She attended a recent
Recreating and CPDC meeting. She also attended the Fall Street Faire. The library trustees
met last night and discussed their ongoing landscape plan.
Haley noted the Charter Review Committee met and went over all the changes they will be
proposing. They will meet again September 23rd with Town Counsel.
Dockser noted ReCalc has now sunset and had their final meeting. The Permanent Building
Committee has now taken the project and the next step is to hire an Owners Project Manager.
He noted the Fall Street Faire had a great turnout.
Bacci thanked the Rotary for the Fall Street Faire. He attended the Recreation and CPDC
meetings as well.
Town Manager Report
Thanked the Rotary as well for the Fall Street Faire. There is a financial forum on September
18th. They have hired a nurse advocate/ public nurse. They are in the process of hiring a
health inspector which will make them fully staffed. Fire Chief Greg Burns announced he will
be retiring in May after over 20 years of service as Chief!
Haven Streetscape Discussion
Town Engineer Ryan Percival along with Scott Ridder and Darshan Jhaveri from BETA Group
gave the board a presentation on the Haven Streetscape project. The presentation can be
found in the Select Board packet on the Town website. This project would be using some
funds from a MassWorks Grant but they would be looking to borrow around $5 million.
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The board discussed and got a better explanation of the loss of parking spaces and the
accessible parking that will be added. Percival explained this plan is not finalized and options
can be changed.
Inter-Municipal Agreement for Health Services
Health Director Ade Solarin gave a brief overview of the shared services that the agreement
would cover. The towns participating in this shared services agreement are: Reading, North
Andover, Andover, North Reading, Lynnfield and Haverhill.
Shared Services Coordinator Annete Garcia then spoke in more detail about the agreement
and answered any questions the board had.
Haley moved to approve the Inter-Municipal Agreement for the Public Health
Excellence for Shared Services Grant between the Towns of North Andover, Andover,
Reading, North Reading, Lynnfield and the City of Haverhill, as presented. The motion
was seconded by Dockser and approved with a 5-0 vote.
MBTA Communities Discussion
Community Development Director Andrew MacNichol gave the board a presentation on
MBTA Communities and the 2 concepts they are proposing. The presentation can be found in
the Select Board packet on the Town website.
Concept 1: A-80 Expansion would maintain the existing Downtown 40-R District zoning as is.
Concept 2: Main Street + Downtown would upzone within the existing Downtown Smart
Growth District zoning geography. It would also allow additional multifamily use where it
already exists along Main Street.
They have two more public hearings coming up on September 16th and 19th to get additional
feedback and allow CPDC to decide which concept they want to put forth to Town Meeting.
Town Forest Committee Presentation
Bill Sullivan, Chair of the Town Forest Committee, gave the board a presentation on the
warrant articles they are bringing to Town Meeting in November as well as a general update
on things they have been working on. The presentation can be found in the Select Board
packet on the town website.
They have been working on removing dead trees and invasive species from the Town Forest
as well as replanting new trees. This work requires multiple phases, and they need funding
from Town Meeting to complete the project. They have received some grant money but will
be asking Town Meeting in November for $150,000.
They are also proposing a Bylaw Amendment regarding off-leash dogs in the Town Forest.
They are first proposing to expand and clarify the definition of “effective voice control on an
animal”. They will then be proposing to change the number of dogs allowed off-leash per
handler to two dogs. These changes were reviewed by Town Counsel, approved by the Bylaw
Committee and supported by the Health Department and Animal Control Officer.
115
MassDOT Land Taking
Town Engineer Ryan Percival and Town Manager Matt Kraunelis explained to the board the
request from the State. The Town owns some land in Wilmington on Route 38 and there is a
project going on there and MassDot is requesting a friendly taking. We have no need for the
land nor do we know why we own it.
Haley moved to approve the MassDOT Land Damages Agreement relative to 435 Main
Street, Wilmington, and authorize the Town Manager to execute said document on
behalf of the Town. The motion was seconded by Dockser and approved with a 5-0
vote.
Parking Kiosk Update
Jayne Wellman noted the kiosks are working and will be going live on September 23rd to the
public.
Recreation Committee Appointment
Laura Noonan and Kevin Leete are both associate members of the Recreation Committee and
are seeking to fill the one full position vacancy.
Laura Noonan was present and explained she is on the committee to focus on making sure
recreation activities are inclusive and available to children with disabilities.
Haley moved to appoint Kevin Leete to a full membership on the Recreation Committee
with a term expiring June 30, 2026. The motion was seconded by Herrick and failed
with a 2-3 vote.
Haley moved to appoint Laura Noonan to a full membership on the Recreation
Committee with a term expiring June 30, 2026. The motion was seconded by Dockser
and approved with a 4-1 vote.
Town Counsel Exemption
Ivria Fried and Ethan Dively from Harrington & Heep, explained to the board their reasoning
for filing a Section 19(b)(1) exemption. This exemption is because they have been asked to
participate and advise in the review of the Town Charter. They noted they will recuse
themselves from any discussion of Article 6.2 and the substantive amendments to the role of
the Town Counsel. Any advice they provide will be limited to the overall Charter amendment
process.
The full memo of an explanation from Town Counsel can be found in the Select Board packet
on the town website.
Haley moved to approve the Section 19(b)(1) exemption request filed by Town Counsel
on September 4, 2024 and authorize the Carlo Bacci, Chair of the Select Board, to sign
the agreement on behalf of the Board. The motion was seconded by Dockser and
approved with a 5-0 vote.
Future Agendas
116
The board discussed future agenda items.
Haley moved to adjourn the meeting at 9:48 PM. The motion was seconded by Dockser
and approved with a 5-0 vote.
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