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HomeMy WebLinkAbout2010-12-14 Board of Selectmen PacketOF R~qO f~ Cn 4Town of Reading Cdr. F Iwo 16 Lowell Street 639.INC~RQa Reading, MA 01867-2685 FAX: (781.) 942-9071 Email: tow nma nager@ci. read i ng.mams Website: www.readingma.gov TOWN MANAGER (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter 1. Hechenbleikner DATE: December 9, 2010 RE: Agenda - December 14, 2010 4) The Volunteer Appointment Subcommittee is meeting at 6:30 p.m. in the 14th, and may have recommendations for the Board of Selectmen on changes in positions on the Ad Hoc . Advisory Committee on the Cities for Climate Protection Program; a new appointment to the Council on Aging; and a new appointment to the Reading Ice Arena Authority. 5a) The Board of Assessors is completing their hearings on Friday, December 10. They will then be putting together their presentation to the Board on the tax classification information. Bob LeLacheur had previously sent you the tax classification information from last year for your information. 5b) The Board has a hearing on the transfer of the package store license of the Wine Shop of Reading. The information consisting of the application and attachments are included in your packet as well as information from the Police Department. 5c) Steve Goldy is working to compile the Board of Selectmen's comments on the Town Manager's review, and they may be' in your packet or emailed to you separately. 5d) At the end of the day on Thursday we received an application for an A-frame sign for Sammy Jo's Bakery and Cafe. Enclosed in your packet are the application and the Selectmen's policy on A-frame signs. We will be doing a review early next week. Jean Delios is working with our GIS Coordinator to provide the maps as required as part of-the application. 5e) We received at the end of the day on Thursday, a request by Grumpy Doyle's to remain open until 1:00 a.m. on New Year's Eve. Enclosed in your packet is the section of the liquor policy on hours of operation. The Board may choose to extend the hours for this restaurant or for other restaurants. I will have a recommendation from the Police Chief before your meeting on Tuesday. PIH/ps 6 APPOINTMENTS TO BECOME. EFFECTIVE DECEMBER 9, 2010 Cities for Climate Protection Program Committee Term: 3 years 0 Vacancy Appointing Authority: Board of Selectmen Orig. Term Present Member(s) and Term(s) Date Exp. Stephanie Anderberg 181 Lowell Street (06) 2011. **Tracy Ellen Sopchak 364 Franklin Street (06) 2011 Ray Porter, Chairman 529 Franklin Street (07) 2012 Tony Capobianco 8 Gould Street (10) 2013 Joan Boegel 3 Highland Street (10) 2012 Michelle Benson (Associate) 128 Eastway (06) 2011 Gina Snyder (Associate) 11 Jadem Terrace (06) 2011 Ron Taupier (.Associate) 51 Redgate Lane (10) 2011 David Williams (Associate) 258 Haverhill Street (08) 2011 ***Ron Daddario (Associate) 97 Summer Avenue (10) 2011 Candidates: AIndicates incumbent seeking reappointment **Requesting Associate position ***Requesting full membership µa1 7 Page1 of 1 Schena, Paula From: tsopchak@comcast.net Sent: Sunday, October 24, 2010 10:53 AM To: Schena, Paula Cc: Raymond Potter, D'Addario, Ron Subject: Climate Committee Memberships Paula, I have recently returned to work with apart-time job (quickly becoming full-time). To manage my schedule, I will be dropping down to an Associate Member of the Cities for Climate Protection committee. Ron D'Addarrio will be. stepping up to full member. Are any actions required on our part to make those change? Thank you. Tracy 8 10/26/2010 jb/Z6 ~p Wo alLd 0 ~a 1? CL- M 0 o cr 3- rya, 9 APPOINTMENTS TO BECOME EFFECTIVE DECEMBER 9, 2010 Council on A14ina T.erm• 3 years AppointinLy Authority: Board of Selectmen 1 Vacancy Orig. Term Present Member(s) and Term(s) Date EX P. Carole N. Scrima 709 Gazebo Circle (04) 2013 Margaret Havey 23 Van Norden Road (06) 2012 Steve Oston 68 Sturges Road (07) 2013 Sally M. Hoyt 221 West Street . (04) 2013 Carol Oniskey 7 Strawberry Hill Lane (08) 2011 Erica Lynne Deane 124 Franklin Street (09) . 2012 Vacancy ( ) 2011 Stacy Bertocchi, Secretary 250 High Street (05) 2011 Gina Nelson 6 Hurlburt Road (08) 2012 Bosnian Marguerite 46 Putnam Road (05) - 2012 , Candidates: Dorothy Derosa *Indicates incumbents seeking reappointment 10 Town 'of Reading m - yc 16 Lowell Street Et<~ i~~ IJ 1-02D11111 P~ Reading, MA 01867-2:68;; t'°r,.~~ s. INCDReO¢ _ ZEait~ 5co -1 P L►,: 01 FAX: (781) 942-9071 94 MANAGER Email: townmanager@ci.reading.ma.us TOWN ANAL Website: www. readingma.gov VOLUNTEER VACANCY TOWN OF READING COUNCIL ON AGING A vacancy with a term expiring June 30, 2011, exists on the Council on Aging. Then purpose of the. Council on Aging is to ascertain the needs of residents 60 and over, to conduct and sponsor programs and disseminate information addressing those needs, to directly assist.individuals and to be advocates for the elderly of Reading at the community, State and National levels. Interested applicants may apply at the Town Clerks office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on September 17, 2010. q 't 2~1- 1 11 9- C-7 go G ..z r~ A AM a c~ . --o e ' r -40' 'N 413, 12 APPLICATION FOR APPOINTMENT TO BOARDS 1hVY Name: (Last) (First) (Middle) Y Address: l(~O L y i Occupation: Rc--T`1 - ICOMNEITTEESICOMIVIISSIONS Date: Tel. Tel. (Work) (Is this number listed?) _ 4 of years in Readang:_6L6, Are you a registered voter in Reading?~ e-mail address: Place a number next to your preferred position(s) (up to four choices) with #.l being your first priority. (Attach a resume if available) Animal.Control Appeals Committee Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee. Cities for Climate Protection commissioner of Trust Funds Community Planning & Development Comm. ^Conservation Commission Constable Contributory Retirement Board Council on Aging _Cultural Council Custodian of Soldiers' & Sailors' Graves Economic Development Committee Finance Committee _Historical Commission Housing Authority Human Relations Advisory Committee Land Bank Committee _MBTA Advisory Committee -Metropolitan Area.Planning Council Mystic Valley Elder Services RCTV Board of Directors Recreation Committee. RMLD Citizens Advisory Board Telecommunications and Technology Advisory Committee Town Forest Committee Trails Committee West Street Historic District Commission -Other Please outline relevant experience for the position(s) sought: v~ i C'_ 0 E© -s RV o A0 O~oZ 1.3 APPOINTMENTS TO BECOME EFFECTIVE DECEMBER 9, 2010 Readine Ice Arena Authority Term: 3 years 1 Vacancy Appointing Authority: Board of Selectmen Orig. Term Present Member(s) and Term(s) Date Exp.. Vacant ( ) 2011 Candidates: Carl Mcfadden *Indicates incumbents seeking reappointment 14~ OF R~q~rti G' Town of Reading r' 16 Lowell Street s~9=rN oRe°¢P~~4 Reading, MA 01867-2685 FAX: (781) 942-907.1 TOWN MANAGER Email: townmanager@ci.reading.ma.us (781).942-9043 Website: www.readingma.gov VOLUNTEER VACANCY TOWN OF READING READING ICE ARENA AUTHORITY One position with a term expiring June 30, 2011, on the Reading Ice Arena Authority exists. Interested applicants may apply at the Town Clerk's office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on November 29 or until the position is filled. ~-CL 15 READING ICE ARENA AUTHORITY The following is an excerpt from the RIAA lease with the Town, and outlines the duties and responsibilities of the RIAA Board of Directors: 26. LESSEE'S BOARD OF DIRECTORS: Lessee agrees that the number of directors of the arena shall not exceed seven (7) in number and the rights and provisions relating to the Selectmen's Director and the Head Hockey, Coach Director shall be as listed on Exhibit B. Neither the maximum number of directors nor the rights and provisions relating to the Selectmen's Director and the Head Hockey Coach Director may be changed without the 'expressed, written consent of. the Board of Selectmen. The Selectmen's Director shall not be appointed until after execution of this Lease by the Lessor. BOARD OF DIRECTORS 1. Number and Election: The Board of Directors shall be comprised of a maximum of seven people. To be eligible to be a.member of the Board of Directors, a person must be a resident of the Town of Reading, Massachusetts, and must be supportive of the purposes of the corporation. The seven directors shall be as follows: (a) Selectmen Director: One person shall be designated by the Board of Selectmen of the Town-of Reading, Massachusetts. (b) Hockey Coach Director: One person shall be the Reading Memorial High School Varsity Hockey Head Coach who shall serve during such time as he is the High School Varsity Coach. If for any reason there is no Reading Memorial High School Varsity Hockey Head. Coach or if. the Varsity Head Coach declines to serve, or is otherwise disqualified to serve, then this director shall be designated by the Reading Memorial High School Athletic Director. If there is no Athletic Director or if the Athletic Director does not designate a director, the Superintendent of Schools of the Town of the Reading shall designate this director. (c) Youth Hockey Director: The President of Reading Youth Hockey shall serve as the Youth Hockey Director during such time as he or she is the President of Reading Youth Hockey. If there is no President of Reading Youth Hockey, or if there is any dispute as to who should serve in this position, the- other directors in office, by majority vote, shall select 'one person who shall have a specific interest in youth hockey. (d) Figure Skating Director: One person who has a specific interest in figure skating. That person must be a member of the United States Figure Skating Association or a similar non-profit organization for the promotion of figure skating. (e) Directors At Large: Three people who have knowledge or experience in construction, maintenance or operation of an ice skating facility or experience, in youth development. 2. Term: The terms of the initial directors shall be staggered to provide continuity of directorship as the directors change. The Selectmen Director shall serve an initial term of two years. Thereafter; each successive Selectmen Director shall serve a term of three years. The Figure Skating Director shall serve an initial term of two years. Thereafter, the figure skating director shall serve a term of three years. Each Director at Large shall hold office for term of three years. If the Hockey Coach Director is not the Reading Memorial. High School Varsity Hockey Head Coach, the term of the so-called "Hockey Coach Director" shall be for a term of one year. If the Youth Hockey Director is not the President of Youth Hockey, the term of the so-called "Youth Hockey Director" shall be for a term of one year. 3. The affairs of the corporation shall be managed by the directors, who shall have and may exercise all the powers of the corporation, except those powers reserved to others by law, the articles of organization or these By-Laws. ~ ~3 16 4. Committees: The directors may elect or appoint one or more committees and may delegate to any such committee or - committees specific and defined powers. Any committee to which the powers of the directors are delegated shall consist solely of directors. Unless the directors otherwise designate, committees shall conduct their affairs in the same manner as is provided in these By-Laws for the directors. The members of any committee shall remain on that committee at the pleasure of the directors. 5. Removal: A person shall no longer be a director if he or she is no longer eligible to be a director. Further, a director may be removed from office for cause by the vote of a majority of the directors then in office. The Selectmen may remove their designated director without cause upon written notice to the President. 6. Resignation: A director may resign by delivering his written resignation to the president, treasurer or clerk of. the, corporation, to a meeting of the directors. Such resignation shall be effective upon receipt, unless specified to be effective at some other time, and acceptance, unless specified to be effective at some other time, and acceptance thereof shall not be necessary to make it effective unless it so states. 7. Vacancies: In the event the Selectmen Directorship remains vacant for 90 days without the Selectmen, Designating a qualified person to fill that vacancy, the other directors may name an interim director-to serve until the Selectmen make such designation or the directors may leave that directorship vacant. In the event the Hockey Coach Directorship remains vacant for 90 days without the Athletic Director or the Superintendent of Schools designating a qualified person to fill that vacancy, the other directors may name an interim director to serve until the Athletic Director or Superintendent of Schools makes such designation or the directors may leave that directorship vacant. Any other vacancy in the board of directors may be filled by majority vote of the directors then in-office. Each successor shall hold office for the unexpired term of the directors whose place is vacant or until he sooner dies, resigns, is removed or becomes disqualified. The directors shall have and may exercise all their powers notwithstanding the existence of one or more vacancies in their number. i ~ I L4 C/ 17 ~ Ic ~G GEORGE V. DINES o 35 GRAND STREET o READING, MA 01867 Mr. James Bonazoli, Chairman. Reading Board of Selectmen Reading Town. Hall 16 Lowell St. Reading,.MA 01867 October 26, 2010 Dear Mr. Bonazoli, I am writing to notify the Board of Selectmen of my resignation as the Board's representative to the Reading Ice Arena Authority (RIAA) effective November 4, 2010. I have been serving the Board in that capacity since the inception of the project. It has been my distinct honor.and privilege to serve the Town of Reading in many capacities including as the RIAA representative. I want to thank the Selectman for that opportunity and hope that the Board will continue support of RIAA as the successful managers of the Burbank Ice Arena since Mr. Burbank.'s generous donation to the community. My. only regret is not being able to complete the term for which you have appointed me but my wife and I are preparing to commence a new chapter in our lives in another community. I leave with one small word of advice and that is to honor the past for that is what has made Reading the great place it is today. Sincerely, George V. Hines d 0 0 r.3 .c 18 2010 NOV 17 KI R Name: McFadden, (Last) Address: 33 Wakefield St Occupation: Self employed Carl Dennis (First) (Middle) Date: November 18, 2010 Tel. (Home) 781 =942-2331 Tel. (Work) 781-983-4976 (Is this number listed?) Yes # of years in Reading: 41 Are you a registered voter in Reading? Yes e-mail address: cmcfadden@readingbasketball.net Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available) Animal Control Appeals Committee Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars -Bylaw Committee .Celebration Committee Cities for Climate Protection Commissioner of Trust Funds Community Planning & Development Comm Conservation Commission Constable Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldiers' & Sailors' Graves Economic Development Committee Finance Committee Historical Commission .Housing Authority -Human Relations Advisory Committee Land Bank Committee _MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services _RCTV Board of Directors -Recreation Committee RMLD Citizens Advisory Board Telecommunications and Technology Advisory Committee Town Forest Committee Trails Committee West Street Historic District Commission _X-Other Burbank Ice Arena Authority Please outline relevant experience for the position(s) sought: 6 Years on School Committee, 1 year as Vice Chair and 1 Year as Chair of School Committee, Oversaw building of Reading HS and 2 Elementary schools. Director of Reading Boys Basketball and Asst. Varsity basketball coach at Reading High. Chairman of Veteran's Memorial Trust Fund, Former Associate Member of Reading Recreation Division. Have had a child in Reading Youth Hockey for 4+ years C~ 19 LEGAL NOTICE 9 iT TOWN OF READING To the Inhabitants of the Town of Reading: Notice is hereby given that. a public hearing will be heIgjn accordance with the Massachusetts General Laws, Chapter 369 of the Acts of 1982 on the issue of determining' a residential factor in assessing the percentage of tax burden to be borne by each class of prop- erty for Fiscal Year 2011. The hearing will be held on Tuesday, December 14, 2010 .at 8:00 p.m. in the Selectmen's Meeting Room, - 16. Lowell - Street; Reading, MA. .Oral or written,information by interested parties will be received by the Selectme0z~ t the hearing, and will - e received by email up to 5:Up p.m. on December 14 to town- manager @ci.reading,ma. us. The five classes of propeify involved are residential, opeh space, commercial, industrial and personal property. By order ~f Peter 1. Hechenbleikner Town Managgr 12/112/7- 20 LEGAL NOTICE TOWN OF READING To the Inhabitants of the . Town of Reading: You are hereby notified that an application for a Transfer of a Package Store Liquor License has been applied for by Reading Fine Wines LLC d/b/a The Wine Shop of Reading. The application is for the premises at 676 Main Street, Reading, Massachusetts. Under the provisions of Chapter 138, Section 15 of the Massachusetts General Laws, a public hearing will be held by the Board of Selectmen con- cerning this application on Tuesday, December 14, 2010 at 9:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. All interested parties are invited to attend or submit their .comments in writing, or by email.prior to 4:00 p.m. on December 14, 2010 to town- manager@ci.reading.ma.us. - By order of Peter I. Hecheribleikner Town Manager 12/2 21 °FR~q~fy Town of Reading t 16 Lowell Street '~~3v,- Reading, MA 01867-2685 ° INCORQO~ FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov MEMORANDUM DATE: December 2, 2010 TO: Police Chief Jim Cormier Town Planner Jean Delios Public Health Administrator Larry Ramdin Building Inspector Glen Redmond - FROM: Lillian Marino, Town Manager's Office TOWN MANAGER (781) 942-9043 RE: Application for a Transfer of a Package Store Liquor License Attached is an application for a Transfer of a Package Store Liquor License for Reading Fine Wines, LLC d/b/a The Wine Shop of Reading located at 676 Main Street. This application will be going before the Board of Selectmen at their meeting on December 14, 2010. Please review this material and get back to us with your comments. Thank you for your assistance. n Attachment 'i~) oJA . 22 Town of Reacting 16 Lowell Street a o s ~ ~~w Reading, MA 01867-2685 9. fNCORQI~ FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us Website: www. readingma.gov Nn Cm klod- 1kr TOWN MANAGER (781) 942-9043 MEMORANDUM DATE: December 2, 2010 TO: Police Chief Jim Cormier Town Planner Jean Delios Public Health Administrator Larry Ramdin Building Inspector Glen Redmond FROM: Lillian Marino, Town Manager's Office RE: Application for a Transfer of a Package Store Liquor License Attached is an application for a Transfer of a Package Store Liquor License for Reading Fine Wines, LLC d/b/a The Wine Shop of Reading located at 676 Main Street. This application will be going before the Board of Selectmen at their meeting on December 14, 2010. Please review this material and get back to us with your comments Thank you for your assistance. lm Attachment 23 OF READING POLICE DEPARTMENT 15 Union Street -Reading, Massachusetts 01867 Emergency Only: 911 All Other Calls: (781) 944-1212 - Fax: (781) 944-2893 Web: www.ci.reading.ma.us/police/ EXECUTIVE SUMMARY Transfer of Liquor License-Reading Fine Wines, LLtC December 6, 2010 Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, ~b 1 As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of the application for a Transfer of Liquor License to Reading Fine Wines, LLC located as 676 Main Street. This application will be going before the Board of Selectmen at their. meeting on December 14, 2010. Officers, directors, stockholders and manager: 1) Manager of Record: Robert H. Carp (DOB 2) President: Robert H. Carp (DOB Ownership Interests: 1) Robert H. Carp -100% stock ownership interest in Reading Fine Wines, LLC, 676 Main Street, Reading, MA 01867 S 24 EXECUTIVE SUMMARY Transfer of Liquor License-Readinst Fine Wines, LLC The person(s) or entity(s) listed above under "Ownership Interests", have direct or indirect. beneficial or financial interest with the following other licenses granted under Chapter 138: None The person(s) or entity(s) listed above under "Ownership Interests", previously held direct or indirect beneficial or financial interest with the following other licenses granted under Chapter 138• None Criminal History ® Board of Probation checks, driver's license checks and out of State criminal histories were run on all person(s) listed above under "Ownership Interests". None ofthem have ever been convicted of violating any state or federal law. o Mr. Carp was arrested twice in his life time. All charges were dismissed. See attached Board of Probation Summary which he provided. Liquor License History: No history I find no reason why the license application should not go forward. Respectfully Submitted, Sgt. Detective Mark D. Segalla Criminal Division Commander Shy 25 Pent Ego The Commonwealth of Massachusetts ~ Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNER, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. REVENUE CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER 471 IF USED EPAY, CONFIRMATION NUMBER: A.B.C.C. LICENSE NUMBER (jr. AN EXISTING LICENSEE, CAN BE OBTAINED PROM THE CITY): 1101600019 LICENSEE NAME: Reading Fine Wines, LLC DBA Wine Shop of Reading ADDRESS: 676 Main Street CITY/TOWN: eading STATE MA ZIP CODE 101867 TRANSACTIONT-YPE kPleose check- a1I relevant transactions.. Q New License. F-1 New Officer/Director Q Pledge of License Change Corporate Name Q Transfer of License M Change of Location M Pledge.of Stock M Seasonal to Annual M Change of Manager M Alteration of Licensed Premises Transfer of Stock Change of License Type Q Cordials/Liqueurs Permit M New Stockholder issuance of Stock other 6-Day to 7-Day License M Management/Operating Agreement F1 Wine & Malt to All Alcohol THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK.., COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX. 3396 BOSTON, MA 02241-3396 26 Application for Detail Alcoholic Beverage License City/Town Reading 1. Transaction: ❑ New License ❑ New Officer/Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Transfer of License ❑ New Stockholder R Management/Operating Agreement The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ 6-Day to 7-Day License ❑ Wine & Malt to All Alcohol IMPORTANT ATTACHMENTS: The applicant must attach a vote of the entity authorizing all requested transactions, including the appointment of a Manager of Record or principal representative. 2. Tvne of License: Q §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On-Premise ❑ §12 Tavern (No Sundays) ❑ §15 Package Store 3. License CataEorv: ❑X All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials/Liqueurs Permit 4. License Class: ❑ Annual ❑ Seasonal 5. Contact Person concerning this application (attorney if applicable) NAME: ADDRESS: y. CITY/TOWN: Newton CONTACT PHONE NUMBER: EMAIL: STATE MA ZIP CODE 02464 FAX NUMBER: - _ 27 Licensee Information: Legal Name/Entity of Applicant:(e.g corporation, I-LC, Individual) Reading Fine Wine.s, LLC Business Name (if different) :`Wine Shop of Reading I Manager of Record: `Robert Carp ABBC License Number (for existing licenses only) : No. 101600019 Address of Licensed Premises: 676 Main Street CITY/TOWN: Reading STATE MA ZIP 01867 Business Phone: NA Cell Phone: - Email: Website: NA Description of Premises: ?ase provide a complete description of the premises to be licensed. The description should include the location of all entrances d exits. The premises being leased is physically located at 676 Main Street, Reading, MA. At the front of the store facing Main Street, there is a single means of egress controlled by a double glass door opening inward. The store is 30 feet across at the entrance, and goes back approximately 60 feet. The main part of the store then becomes a storage area with multiple small rooms; and (also includes a bathroom and a single exit to the back of the building. IMPORTANT ATTACHMENTS: The applicant must attach a floor plan with dimensions and square rootage Tor eacn Tioor & room. Occupancy Number: F- Seating Capacity: Occupancy of Premises: By what right does the applicant have possession and/or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS: The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. other:[----- Landlord Landlord is a(n): LLC Other Name Boston Reading, LLC Phone: 617-266-4040 Address: 715 Boylston Street City/Town: Boston State MA Zip 02116 Initial Lease Term: Beginning Date Upon - Transfer Ending Date Fifteen years after Renewal Term: Five years Options/Extensions at Five Years Years Each Rent: $57,992.52 ~ per year Rent: $4,832.71 per month IDo the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ❑ No R RTANT ATTACHMENTS: If yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. individual with an.ownership interest in the Landlord must be disclosed in §10 and must submit a completed Personal nation Form attached to this application. Entity formation documents for the Landlord entity must accompany the application to rm the individuals disclosed. 9R Licensee Structure: The Applicant is a(n): LLC T~ Other : If the applicant is a Corporation or LLC, complete the following: State of Incorporation/Organization: Massachusetts Date of Incorporation/Organization: 11 /22/2010 the Corporation publicly traded?Yes ❑ No X 10. Interests in this License: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) an any person or entity with a direct or indirect, beneficial or financial interest in this licbnse (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACIIWNTS: All individuals or entities listed. below are required to complete a Personal Infornnatioiz Form, Name Title Stock or % Owned Other Beneficial Interest Robert N. Carp, Esq. President 100% *If additional space is needed, please use last page. 11. Existing Interests in Other Licenses: Does any individual listed in §10 have any direct or indirect, beneficial orfinancial interest in any other license to sell alcoholic beverages? Yes ❑ No ❑ If yes, list said interest below: Name T- . - License Type Licensee Name & Address Please Select Please Select Please Select Please Select Please Select Please Select T____,_._~ Please Select *If additional space is needed, please use last page. 54'q 29 12. Previously Held Interests in Other Licenses: Has any individual listed in §10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes F~ No 0 If yes, list said interest below: Name Licensee Name & Address Date Reason Terminated Please Select Please Select Please Select 13. Disclosure of License Disciplinary Action: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and/or §12 ever been suspended, revoked or cancelled? Yes No ❑X If yes, list said interest below: Date I License I Reason of Suspension, Revocation or Cancellation 14. Criminal Record: Has any individual listed in §10 or who has a direct or indirect beneficial interest in this license ever been convicted of a municipal, state, federal or military crime? Yes R No FX-1 If yes, the individual must provide an affidavit as to any and all charges as well as the disposition. 15. Citizenship and Residency Requirements fora (§15) Package Store License ONLY: 1. Are all Directors/LLC Managers U.S. Citizens? Yes XNo n Are a majority of Directors/LLC Managers Massachusetts Residents? Yes XJ No F~ Is the License Manager or Principal Representative a U.S. Citizen? Yes QX No R Are all members and partners involved at least twenty-one years old? Yes RX No R 16. Citizenship and Residency Requirements for (§12) Restaurant, Hotel, Club, General On Premise, Tavern, Veterans Club LicenseONLY• 1. Are all Directors/LLC Managers U.S. Citizens? Yes F-JNo R 2. Are a majority of Directors/LLC Managers Massachusetts Residents? Yes n No F~ 3. Is the License Manager or Principal Representative a U.S. Citizen? Yes F-1 No 4" 30 17. Costs Associated with License Transaction: A. Purchase Price for Real Property: B. Purchase Price for Business Assets: C. Costs of Renovations/Construction: D. Initial Start-Up Costs: E. Purchase Price for Inventory: F. Other: (Specify) G: TOTAL COST H. TOTAL CASH 1. TOTAL AMOUNT FINANCED $0.00 $285,000.00 $20,000.00 $50,000.00 _ i $355,000.00^~ $355,000.00 $0.00 IMPORTANT ATTACHMENTS: Submit any and all records, documents and affidavits including loan agreements that explain the source(s) of money for this transaction. Sources of cash should include a minimum of three (3) months of bank statements. The amounts listed in subsections (H) and (I) must total the amount reflected in (G). 18. Provide a detailed explanation of the form(s) and source(s) of funding for the costs identified in §17 (include loans, mortgages, lines of credit,'notes, personal funds, gifts): The store will be purchased through cash currently in several personal and corporate bank accounts, all entirely owned by the applicant. Please see attached statements. *If additional: space is needed, please use last page. 19. List each lender and loan amount(s) from which tots amount mance no e Name Dollar Amount Type of Financing `If additional space is needed, please use last page. Does any individual or entity listed in §19 as a source of financing have a direct or indirect, beneficial or financial interest in this license or any other license(s) granted under Chapter 1387 Yes ❑ No If yes, please describe: I I 31 20. Pledge: (i.e. collateral for a loan) . Is the applicant seeking approval to pledge the license? Yes R No If yes, describe terms and conditions and to whom: If a corporation, is the applicant seeking approval to pledge any of the corporate stock? n Yes x No If yes, to whom: F Number of Shares F the applicant pledging the inventory? Ej Yes JX No if yes, to whom: IMPORTANT ATTACHMENTS: If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of the Corporation/LLC approving the pledge. 21. Construction of Premise Are the premises being remodeled; redecorated or constructed in anyway? If YES, please provide a description of the work being performed on the premises: ❑ Yes ❑ No if all the information is not completed the application may be returned . 32 APPLICANT'S STATEMENT I, Robert H. Carp the: sole proprietor; ❑ partner; ❑ corporate principal; x LLC/LLP member o Reading Fine Wines, LLC , hereby submit this application for Transfer of License #101600019 (hereinafter the " pp'ica ion o -the local licensing authority (the "LLA") and the Alcohoolici3everages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities") for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) I understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) I state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) I understand that while the Application is pending, I must notify the Licensing Authorities of any change in the info-nation submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) I understand that the licensee will be bound by the statements and representations made, in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) I understand that all statements and representations made become conditions of the license; (7) I understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: Date November 29t1, 2010 Title ner, Reading Fine Wines, LLC 33 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/ab Personal Information Form Each individual listed in §10 of this application must complete this form. 1. Licensee Information: Legal Name of Licensee: Reading Fine Wines, LLC Address: 676 Main Street City/Town Reading Business Name (d/b/a) Wine Shop of Reading ABCC License Number: 101600019 if existing licensee) _ State MA Zip Code 01867 Phone Number of Premise (781) 944-4521 EIN of License: Personal Information: Individual Name Robert H. Carp Horne Phone Number: J..~,. Address: C City/Town Newton State MA Zip Code 02464 Social Security Number Date of Birth 06/17/1955 - Place of Employment Carp Law Offices, LLC & Galaxy Internet Services, Inc. we you ever been convicted of a state, federal or military crime? Yes No Fx yes, attach an affidavit as to all charges and disposition. Financial Interest: a detailed description of your direct or indirect, beneficial or financial interest in this license. I am the sole owner and stock holder of the LLC that is purchasing the Wine Shop of Reading. IMPORTANT ATTACHMENTS: For all cash contributions, attach last 3 months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page* I hereby swear under the ains and penalties of perjury that the. information I have provided in this application is true and ac t Signature Date 11 /30/2010 Title Director If Corporation/LLC Representative) 34 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abe Manager Application All proposed managers are required to complete a Personal Information :Form; and attach a copy of the corporate vote authorizing this action and appointing a manager. Licensee Information: Legal Name of Licensee: Reading Fine Wines, LLC Business Name (d/b/a) Wine Shop of Reading Address: 1676 Main Street I City/Town Reading State MA Zip Code 01867 ABCC License Number: 101600019 Phone Number of Premise (781) 944-4521 (If existing licensee) 2. Manager Information: Name: Robert H. Carp you aU.S. Citizen: Yes M No ❑ Cell Phone Number: Court and Date of Naturalization: ~ 7 proof of citizenship and/or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) List the number of hours per week you will spend on the licensed premises: 40 ave you ever been charged or convicted of a state, federal or military crime? Yes Fx~ No ❑ yes, attach an affidavit as to all charges and disposition. Do you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages? Yes ❑ No ❑ If yes, please describe: Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes ❑ No ❑ If yes, please describe: If additional space is needed, please use the last page, Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): (Galaxy Internet Services, Inc., President, 188 Needham Street, Newton, MA 02464 617-558-0900 x227 If additional space is needed, please use the last page' I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date 1180/2010 Cpl J 35 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.g6v/abcc PETITION FOR TRANSFER OF OWNERSHIP 1 01 60001 9 ABCC License Number Reading City/Town The licensee Robert H. Carp and the proposed transferee Bharatiben A. Patel respectfully petition the Licensing Authorities to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts? M-11 Y t-1 No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. Name Title Address Stock or % Owned Bharatiben Patel President/Director 12207 Inwood Drive, Woburn, MA 01801 . 100% Is the PROPOSED transferee a Corporation/LLC, duly registered under the laws of the Commonwealth of Massachusetts? ❑ Yes ❑ No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. To- (Place an * before the name of each DIRECTORILLC Manager.) Name Title Address Stock or % Owned *Robert H. Carp Director 188 Needham Street, #11 OR, Newton, MA 02464 100% The above named proposed transferee hereby joins in this petition for transfer of Bald license. SIGNATURE OF LAST-APPROVED LICENSEE: i~'u f If a C rporatio its authorized representative) Date Signed 11 /30/2010 .1 SIGNATURE OF PROPOSED TRANSFEREE: 36 Additional Space Please note which question you are using this space for. EMPLOYMENT: Galaxy Internet Services, Inc. Dates of Employment: May 1, 1995, to present. Carp Law Offices, LLC, November 2009 to present. MANAGER APPLICATION, QUESTION #2 "Have you ever been charged or convicted of a state, federal, or military crime. Please see attached CORI report. On 10/03/841 was arrested for "Selling Term Papers and Thesis" On 6/22/99 the case was dismissed. On 1/27/881 was arrested for a) Larceny of Property, b)Concealing Mortgaged Property, c)Conveying Mortgaged Property, d) Selling Mortaged Personal Property. On 12/11/91, and 12/12/91, all charges were dismissed. 37 LAW OFFICES OF ROBERT" H. CARP, 'ESQ. 100 NEEDHAM STREET, NEWTON MA 02464 CERTIFICATE OF CO O1ZA►.TE VOTE This is to certify that at a special meeting of the Board of Directors of the Reading Fine Wines, LLC, held at the offices of the Corporation and its attorney, located at 100 Needham Street, Newton, MA 02464, on November 22,, 2010 at 7:00 p.m. the sole director and president of the company, being present and voting, unanimously VOTED: To purchase the assets, goodwill, inventory, liquor license, web site, and all balance sheet assets of the Wine Shop of Reading, MA, and to appoint Robert H. Carp, Esq. as the Manager of Record and principal representative of the company. A TRUE CO ATTEST: President/Sole sharehold r Date• AZJ/10 RCARPI-SCARPLAWOFFICES.COM (VOICE) 617-861-4LAW (4529) (FAX) 866-723-8737 WWW.CARPLAWOFFICES.COM 38 5 7 N} Cpl_ F-ts .6z 'lF~ "i /t°e," I%CuJ /C9r 77b:•`' ti ( t LALIP x 13t ~Ml OPFSCE ' y ' r+~>~ . 511, tip!! izr* r t I i !so ve. ~ tane+em ' -,tlo'c' ° 184>F iLL 1. • J 3x~~u)4'~' ~ 9 Sa ' t t gg b .t cal _ t r. B$8 27`' ---1 - ZZ Pte, 40 5~ s , t i :JIS 613-192 06/06/2L 2D5 23"21 ! 13 11~: F 1 2: _ M1- i3s~Y Y" i✓ xsz•- -„=s.~x,Ly:;ft:~~;~~rn:;.-:L --._.,....r.~~•~- M1s.'-=' #$~k#~• :s: n=.tt_:.c..w`1A e-~(-i F•acs.~:x^ WARNING . ;iS K1. IT IS NOT S~►r:1 ;C,--'- BY FINGEIRPF'INTS. 3C Ir' It`ii Iirtnt _L I. 7r_ Pa EASE AND DATE r% F;y THAT THE NAME RE ERE n BELOW 7 i' ATGH=S THE NAME AND OF BIRTH* ! tLx r~S:E *OF THE K'ERK-N REC!UESTED. 1:f i- :L'•~A.~~~G4_:>_'~:i.~-ti.'.:L'.t:z~~_:t..~.~'Sn~n''innT:.L=~~~_:i:.:w1~n., .,n ;T:.-':''3'i n%r: ,`'r.nTn 'k .s ~'7:T:i -.rT,•".r.- I-.{MM5=4lEALTH OF M,a5A=H;I; ' ' R.LF;R~y i NIIA HISTORY - c''STE°!~ CRls.j..raAL r~i_S;LILt ~ PERSONS COURT SL.11 il'in rL; - CA,'-,,P, RO- E R"•'- + 1. R 11-1L -I'~A N: RI BERT PCF : 00000771003 DOB s SEX .11 RAC : PO B: BOS T 1I i 7• Jr~: ' ` ' ` ' POP : DUDLE`fi` HGT., WGT,. HA I : E r E t !OM . T 1 L.L AL?}11R_tvS. 33 i-•n_NL` ri:"•{_E c::-c..rOr,L_.,E .•Lsr~ n..-3.a. n _ .+-S. ~,n._ ~s A' T Ar f,~C~J?(-•r.h~ "L `+'r J.".-•_ D=L, rI.=F r+r,f-:„C~~ fr..~•.-_ :~-:i•~,. :i :T ARRAIGN iE , (001) I. ST RT't". AR -DDT`: 01,12-7/88 P`i. COURT; i.RPO LINE DS.-•t ILI CT ++ti OFF : LARCENY PROP DISi, a DF Ir/ r`/ 3~'?! C34tF 'iL•`f{11f~ !ni1 CC + DI 1_'/-3/-31 D/'i: SiAIUS - E i~f;r ~ !1 iLf _ 5..:- f 1 12111/91 DISi7 ARRAIGNME,;T: (02) _i iL ~ILII E Dl_ Sz. I R I HI- G-DA! E.- . i-7, i 2 PD, cOL. BROOL OFF. COtZEEPLIt'. I-~, ' 114LRTLAa rr't.~3 PROPERTY F'E ± S DISF' L`F r!/R C 12,'/.12/90 GISM ARR AI!GNME`r T % f"03% /82 PD, COURT: OOI11`41E DISI ,-DATI = ofi/ mar A3'S+; RICT = •t SELL MORC PROP OFF: CRIME OF iSi~E_'IF`; IN FULLS ~ ,i= DICP-. DF D/R C iS/1V'/SCI UISM v 1. ARRAIGNMENT: i• 'ARS-DA E. :_~I/c,i/°° PD- 0 Fr CONVEYING MORTAGE L!iEP: DF D/ R C 12/112;"921 r, COURT. BROOU.LINE FIST L ILJ PROPERTY t t_ r~t.L~Si 12/1-1/931 ijF 1+_- i LFT- _ 4LA CONC 'IORC PROF' 07r'7US: C WFIL: D KT 42- CRIME OF T AT+ S . L WP -r L;1IIT# : PLC F'ROP CONY I i / !J/ ii L ! AT 1_S : 1.r !hlPD r r R GrT' E (005) r' fT nRrsItij +'T: •-T-. r-~ ;,I,~ ~U~.=~ ~GNtLIt`~i~ i: rR~ COURT: DI'tT# : 907 , . ~ ARS-DATE: 09/23/87 PQ LAR t~IORC OFF: LARCENY MORE STATUS: G T~ e 4JF' WAR r~ ~ , DISP: WAR 1/27/88 WAR/WD N ;RRAIGtdMAT: (006) .r.T: Br „ ~ ^OG~LI~ ~lE DISTRICT r- L~„ - ' ' P& & DKT*1 ~07A L _ c, r. 1: 909123187 AR C'-D i 1?~ CONE MORE P ROP _ OFF: CONCEALING MORTGAGED PROPERTY STATES: C WF'D: DISP: WAR 1 /i:lrv'8u WAR/WD NP. . ARRAIGNMEN : (007) COURT : ~'•'"OOKLINE DISTRICT DKT#: : S~7e §9/23/87 F'D: ARC;-DOTE: _ S LL _,EcS ~-•,r~- F Ri_ij- , PROP VIOL 77,v~~'lORG PER S S LL I OFF° PROPERTY VIOLATION STATUS: C D: WP 61SPI WAR 1/E7iS WAR/WD NP , :z•_._. 08) ARRAIGNMENT: COURT: E:FOOKLINE DISTRICT :T~•: D r~ rr i f, ~ - C-DAT=: '009123107 r_, AR CONVEY ,,V,c-..• PER S _ i=,r CCNF'ROF' VIOL ~ PROPERTY VIOLATION OFF: STATUS: C 1/'It : WD 4 ,•~f t DIi;F': WAR 11G7i`8A8 WAR/WD i?/4•~z/ ARRAI GF• MENT : (0090 COURT: BRIGHTON DIS R:CT - v -u DKT#: 8?CR4'~E.7 A ARS-DATE: 02/12/87 PD: LEASE PROP LAR all? OFF: L:-iF1CE:`iY nTFiTL=': C L TOP DIE C /E8/88 DISH r' ,r:' ARRAIGNMENT: (Old,, RT: ROXBURY DISTRICT D11I 10/03/84 PD: P4 i~RC-L}A IE: r:c"= Y IN FULL) - SELL E9M nrr'PER' _ OF E CRIME , T fryFi: iRlt'1E OF (SPECIF tJ r ' UtI' IR SM 6 CC DF 61221,9 D tt C Si A Tl_~ . D ISM 12110/84 CW0F 1/618 -'.',-•~x ~:~cx•x# $#-ic-it# ##iR•#k END OF ADULT APPEARANCES RE4T:UCJ L"EiJ BY! SGT .J-. LYHi`a C-01YIF'LE T ED B'~ : CIt:1NET7Y, PAUL F JR. AGENCY-. NEWTON PD 5 42 RETAIL LEASE AGREEMENT As of the Execution Date set forth in Schedule 1 hereto, Boston Reading LLC, a Massachusetts limited liability company ("Landlord"), hereby leases to the tenant designated in Schedule 1 ("Tenant"), the Premises described in Schedule 1 (the "Premises") for a lease term commencing on the Lease Start Date set forth in Schedule 1 and for the period through and including the Lease End Date designated in Schedule 1 (the "Lease Term"). Section 1. Rent. The annual rent shall be the amount described in Schedule 1 ("Annual Rent"). The monthly rent ("Rent") shall be 1112 of the Annual Rent, as described in Schedule 1, shall be payable, in advance, on the first day of each successive month commencing on the Lease Start Date and continuing on the first day of each successive month thereafter until the month in which the Lease End Date occurs, as set forth in Schedule 1. Rent for the first calendar month and any partial month occurring at the commencement of this Lease shall be paid concurrently with the execution of this Lease. Rent for the partial month shall be prorated with 1130th of the applicable Rent paid for each calendar day in such partial month. The Rent shall be paid to Landlord at its address set forth in Schedule 1, or at such other place, as Landlord shalt notify Tenant in writing. Section 2. Additional Rent. The real estate taxes ("Taxes") for the Initial Tax Year set forth in Schedule 1 are included in the Annual Rent. Tenant covenants and agrees to pay Landlord as additional Annual Rent, with respect to each tax year or portion thereof after the Initial Tax Year, Tenant's Percentage, as set forth in Schedule 1 (-Tenant's Percentage"). of the amount, if any, by which the Taxes on Landlord's Property, as described in Schedule 1 ("Landlord's Property"), for the new tax year in question exceed the Taxes upon Landlord's Property for the Initial Tax Year. A "tax year" shall mean the twelve (12) consecutive month period commencing each January 1 during the Lease Term The term 'Taxes" as used herein shall include all taxes and special assessments of every kind and nature assessed by any governmental authority. If any amount shall be payable by Tenant under this Section,, then Landlord shall give written notice advising Tenant of such amount, Tenant shall pay to Landlord the pro rated portion of such excess for any period of time occurring prior to such.written notice, and the Rent shall be increased by 1112th of such increase in the Taxes. If this Lease shall terminate prior to the end of a tax year, then Tenant shall pay to Landlord a prorated portion of the amount due for the full tax year, based on the number of days of such tax year which have expired by the date of termination hereof. Section 3. Utilities. Tenant is responsible for the costs of all utilities and services serving the Premises except those specifically described in Schedule 1. Utilities and services shall include but not be limited to heat, water and sewer, hot water, electric, gas, oil, telephone, trash storage and removal, and any other utility and service. If the Premises share any utility or service with any other leased space at Landlord's Property, then Tenant's obligation to pay such costs of utilities and services shall be appropriately prorated Section A. Security Deposit. Simultaneously with the execution and delivery hereof. Tenant has by cash or certified check paid to Landlord a security deposit in the amount set forth in Schedule 1 (the "Security Deposit"). The Security Deposit will not earn interest. Within ten (10) days after the termination of this Lease for whatever cause, Landlord shall inspect the Premises and submit to Tenant an itemized statement of damages. Landlord retains the right to apply the Security Deposit to payment for repairs for damage set forth on said itemized statement incurred during the Lease Term (except ordinary wear and tear), to any unpaid rent, and to the payment of any other obligations of Tenant under this Lease. The balance of the Security Deposit after deductions for damages and/or unpaid rent shall be repaid to Tenant within twenty (20) days after the termination of this Lease. In any event, the Security Deposit can only be applied towards payment of any Rent hereunder upon Landlord's written consent or at Landlord's election. Section 5. Subletting and Assignment. (Consent Required.) Boston [leading, LLC Retail Lease Page I of 7 43 (a) Tenant will not transfer or assign this Lease in whole or in part, nor sublet or enter into a license or concession agreement with respect to all or any part of the leased premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Any attempt at transfer, assignment, subletting, or license or concession agreement without Landlord's written consent shall be void and confer no rights upon any third person. The prohibitions of this Section shall be construed to refer to any acts or events referred to when they occur by agreement, operation of law, legal process, receivership, bankruptcy, or otherwise. (b) In no event, however, shall the Landlord consent to any proposed transfer, assignment, subletting. or license or concession agreement if such consent would constitute a violation of Landlord's covenants and obligations under any lease with other tenants in the Center or the requirements of any applicable municipal, state, federal, or other governmental or quasi- governmental authorities. (c) The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. (d) If this Lease be assigned, or if the leased premises or any part thereof be under-let or occupied by anybody other than Tenant, Landlord may collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, under-letting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee. under-tenant or occupant as tenant, or a release of Tenant from the further performance by the Tenant of covenants on the part of Tenant herein contained. Notwithstanding any assignment or sublease, Tenant shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants and conditions of this Lease, (e) For purpose of this Section, the sale, issuance, or transfer of any voting capital stock of Tenant which of itself, or together with previous sales, issuances. or transfer effected following the commencement of this. Lease, results in a change in the voting control of Tenant (as presently constituted), shall be deemed to be an assignment of this Lease.. Section 6 Interior and Exterior Alterations. Tenant shall not make any interior or exterior, structural or non-structural alterations, or install any signs in the interior that are visible from the street or on the exterior of the Premises, without the prior written consent of Landlord. The Lessor's consent to a request for a non-structural alteration shall not be unreasonably with held or delayed. Tenant shall submit to Landlord plans and specification for Tenant's any improvements to the Premises and shall obtain Landlord's written approval for such improvements.. In any event, and notwithstanding such consent of Landlord, Tenant shall not make any alteration to any portion of the Premises that would result in a. violation of any zoning, health, building, environmental or other law or ordinance, or would cause any other part of Landlord's Property, including any other leased premises therein, to be in violation of any such zoning, health, building or other ordinance. Tenant shall indemnify and hold harmless Landlord and the Premises for any labor done or. materials supplied to Tenant in connection with any alterations. for the costs of any permits obtained by Tenant, and for any fees due from Tenant. Tenant shall obtain and maintain all necessary building permits and undertake its work in accordance with all applicable laws, codes and regulations and make the Premises conform thereto. The package of quotes on work to be done as upgrades to the property will be submitted to the landlord for full written consent: in addition, all signage for interior and exterior premises. This lease is subject to the Landlord's approval. Section 7. Maintenance of Premises: Signage. Tenant shall keep the Premises in as good order. condition and repair. including the prompt replacement of broken glass in windows and doors, as the same are, at the commencement of this Lease or may be put during the continuation thereof, reasonable use and wear thereof excepted. Tenant shall repair any damage caused by the use of the Premise and any damage caused to the fixtures and apparatus of the Premises. Tenant will promptly give Landlord written notice of any damage occurring at the Premises, and of any hazardous conditions existing at the Premises or the Subject Property. Tenant will pay to Landlord, as additional rent, an annual maintenance fee in the amount set forth in Schedule t (the "Maintenance Fee") payable in monthly installments each month of the Lease Term. for common Boston Reading, LLC Retail Lease Pali` 2 of* 7 S~ 44 areas maintenance of Landlord's Property. All signage for the Premises, whether inside if visible from the street or outside the Premises, must be approved by Landlord before being affixed to the Premises or to Landlord's Property. Section 8. Building and Common Areas. Landlord shall maintain and keep in good order, condition and repair the exterior of the building (including roof and .foundation) in which. the Premises is located. Tenant will be responsible at its own expense for all repairs and maintenance of all equipment and machinery located in the Premises or serving the Premises, wherever located, including all mechanical, electrical, plumbing, heating, ventilating and air conditioning systems serving the Premises. Tenant shall provide and pay for removal of all snow and ice from in front of the Tenant's Premises. Landlord shall be responsible for repair and maintenance of any equipment and machinery which serves the Premises and other leased premises in Landlord's Property, provided that Landlord's responsibility in such case shall extend only up to the exterior walls of the Premises, and Tenant shall be responsible for all ducts, conduits, wires and other hardware that is located in the Premises. Tenant shall also be responsible to promptly remove. at its own expense, from the exterior of the portion of the building encompassing the Premises all graffiti that can be safely reached by use of a six (6) foot ladder Section 9. Use of Premises. Tenant may use and occupy the Premises only as described to Schedule 1 and shall not make any improper, offensive or unlawful use thereof. The Premises may be open for the conduct of business for the hours indicated in Schedule 1. Tenant may only operate the Premises for any longer hours upon Landlord's prior written consent. Tenant shall not use the Premises in any manner so as to increase the fire and public liability insurance risk or rate. Tenant shall, at its sole cost and expense, promptly comply with all present and future laws, ordinances and regulations of all governmental authorities having jurisdiction over Tenant or the Premises. Tenant hereby agrees that any use of the Premises in violation of any provisions of this Lease may be enjoined upon application by Landlord, without prejudice to any other remedy therefore. Tenant agrees to pay Landlord for repair of the Premises when caused by Tenant's use or that of Tenant's family, servants, visitors and invitees. Landlord shall not be responsible for damage or loss of Tenant's ,personal property stored in or about the Premises. For this reason, Tenant shall protect its personal property with its own insurance. Tenant will immediately discharge or cause to be discharged any lien or encumbrance on the Premises or the real estate of which the Premises are a part. Section 10. Landlord's Right of Entry_ Landlord may upon twenty-four (24) hours prior notice to Tenant enter to view the Premises and to show the Premises for sale from 9:00 a.m. to 5:00 p.m., Monday through Saturday. Tenant shall keep the Premises in a neat and orderly condition for the purposes of such showings. Landlord may during the same times upon the same notice.enter the Premises to make alterations or repairs therein and thereto or to other parts of the Premises or to Landlord's adjacent Premises or to fixtures, equipment or apparatus serving the Premises, to perform any service required of Landlord to be performed therein, and Jo enforce any of the covenants, terms and conditions in this Lease referred to. In the event of any condition which Landlord reasonably believes constitutes an emergency, Landlord may have immediate access to the Premises, with or without notice to Tenant. Section 11. Default. If Tenant shall be in default in the payment of rent or any part thereof or of other sums payable by Tenant hereunder at, the times and places herein fixed for the. payment thereof, and such monetary default shall continue for five (5) days, or if default shall. be made in any other of the covenants herein contained on the part of Tenant to be kept and performed, and said non-monetary default shall continue for a period of thirty (30) days (whether or not the payment of said rent shall have been demanded and after the Landlord shall have given Tenant notice of such non-monetary default), or if Tenant shall make an assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or insolvency, or have an involuntary petition in bankruptcy filed against Tenant, or shall be adjudged bankrupt, or if a permanent receiver of the property of Tenant shall be appointed or Tenant shall be declared bankrupt or insolvent according to law, or if the estate hereby created shall be deserted or vacated, then and in any of the said cases, notwithstanding any license or waiver of any former breach of covenant or consent in a former instance, it shall be lawful Boston Reading. LL.C' Retail Lease Page i of 7 5'. 5 45 for Landlord thereupon or at any time thereafter, while such default, assignment, insolvency, legal proceedings, desertion, vacancy or neglect shall continue, or be in effect, to terminate this Lease and all of Tenant's interest hereunder, and/or, at Landlord's option, evict Tenant and those claiming under Tenant in accordance with the laws of the Commonwealth of Massachusetts and without prejudice to Landlord's claims for rent or other claims for breach of covenants hereunder, it being expressly understood and agreed that this Lease shall not continue or inure to the benefit of any assignee, receiver or trustee in bankruptcy, excepting at the option of Landlord. Tenant covenants that in case of the termination of this Lease in any manner specified in the foregoing provision, Tenant shall indemnify and save Landlord harmless against all loss of rent or other payments, costs or losses which Landlord may suffer by reason of such termination, including reasonable attorney's fees and costs of eviction to the extent permitted by the laws of the Commonwealth of Massachusetts. Section 12. Late Rent Charoe. If Tenant does not pay any rent payment within ten (10) days of the first date such payment is due under this Lease, then Tenant shall pay to Landlord, as additional rent due hereunder; a late charge equal to 5% of the amount of the overdue rent payment to compensate Landlord for its administrative expenses and processing expenses, plus an additional charge equal to 1.5% per month of the amount remaining overdue for more than 30 days to compensate Landlord for its cost of funds. Tenant shall also pay Landlord a fee or $50 for any check delivered by Tenant to Landlord which is returned dishonored to Landlord because of insufficient funds in Tenant's account Section 13. Surrender. On the last day of the Lease Term or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Premises, Tenant shall surrender the Premises in good order, condition and repair, reasonable wear and tear excepted, without damage and clear of all liens and encumbrances. Furniture, personal effects, fixtures, equipment, and trade fixtures of Tenant (not constituting part of or affixed to the Premises) shall be removed by Tenant, and upon request of Landlord shall be removed: provided, however, that Tenant shall, with due diligence, and without expense to Landlord, immediately cause any damage to the Premises due to such removal to be promptly repaired.. Any personal property of Tenant which remains on the Premises after the termination of this Lease may. at the option of Landlord, be deemed to have been abandoned by Tenant and either may be retained by Landlord as its property or be disposed of without accountability in such manner as Landlord may see fit. If Landlord shall have requested the removal of the personal property, then the disposal by Landlord shalt be at the expense of Tenant. Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant, The provisions of this Section shall survive any termination of this Lease. Section 14.. Indemnification and Insurance. Tenant agrees to hold Landlord harmless from any and all injury or damage to person or property in, on or about the Premises (excepting pre-existing conditions) including without limitation, all costs, expenses, claims or suits arising in connection therewith, except such claims and demands which are a result of, or due to, the gross negligence of Landlord, its agents or employees; and also including without limitation any costs, expenses, claims, suits, penalties or fees arising by virtue of the release, generation or disposal of any hazardous materials in, on or around the Premises. Tenant will not be responsible for hazardous waste and/or environmental claims or demands which are not a result of or due to the act of the Lessee, its agents or employees. To that end Tenant will, at all times during the term of this Lease, at Tenant's own cost and expense, carry with a company or companies satisfactory to Landlord. (a) primary liability insurance on the Premises with limits of not less than $1,000,000 per occurrence for all liability, including bodily injury sustained by one or more persons as a result of any one occurrence, and such insurance naming Landlord as additional insured, (b) property damage insurance of not less than $500,000.00 for property damage occurring to the Premises, (c) contents insurance insuring Tenant's goods, equipment, contents and property contained in the Premises, and (d) any business interruption insurance. Tenant's liability and property damage policy will include a waiver of subrogation in favor of Landlord. Tenant will also be responsible for its own worker compensation insurance, All such insurance other than worker's compensation coverage shall be written or endorsed as to protect Landlord. Said policy or policies shall contain a provision insuring Landlord against all liability which Tenant might have under this hold harmless provision. If Landlord requests, Tenant shall provide Landlord with copies of all such insurance, or certificates evidencing ~l Boston Reading, LLC Retail Lease./ Page 4 of 7 46 such insurance coverages. In all events, Tenant shall be solely responsible for any loss or damage to the property in the Premises. Landlord will maintain its own policy of insurance to cover its interest in the premises. Section 16. Casuall . If substantial damage to the Premises shall occur during this Lease Term, then Landlord shall have the right to terminate this Lease as of the date of such damage provided that it gives Tenant notice thereof not later than sixty (60) days after such damage. The term ..substantially damaged" shall mean damage of such a character as cannot reasonably be expected to be repaired or the premises restored within sixty (60) days from the time that such repair or restoration would be commenced. In such event Landlord shall have the right to retain the proceeds of insurance. In the event of such termination rent shall be abated as of the date of such damage. Except as otherwise provided in this Section, no damage to or destruction of the Premises by fire or other casualty shall result in an abatement of the rent. If the damage renders the Premises unienantable, in whole or in part, then there shall be an apportionment of rent until the damage has been repaired. If the whole of the Premises shall be taken for any public or quasi-public use under any statute or by right of eminent domain or by private purchase in lieu of any such taking for public or quasi-public use under any or by right of eminent domain, then this Lease shall automatically terminate as of the date that possession has been taken. All compensation awarded or paid upon such taking of the Premises shall after payment of all expenses relating to such taking or purchase be paid to Landlord. Section 16. Subordination. Tenant acknowledges that Landlord has executed or may hereafter execute a mortgage on the Premises, and Tenant hereby agrees to subordinate this Lease to the existing mortgage or to any new mortgage granted by Landlord on the Premises. Tenant further agrees to execute any subordination and attornment agreements. and any estoppel certificates, required by Landlord's mortgagee, prospective mortgagee, or prospective purchaser, from time to time and at any time requested by Landlord. If Tenant shall. fail at any time to execute, acknowledge and deliver any such subordination instrument or estoppel certificate within ten (10) days after receipt thereof, Landlord in addition to any other remedies available to it in consequence thereof, may execute, acknowledge and deliver the same as the limited attorney-in=fact, of Tenant and in Tenant's name, place and stead, and Tenant hereby irrevocably makes, constitutes and appoints Landlord, its successors and assigns, with full power of substitution for this purpose. Tenant's execution of this Lease hereby constitutes and appoints Landlord as Tenant's limited attorney-in-fact to execute any such certificate or document necessary to achieve any original financing or refinancing desired by Landlord. Section 17. Condition of Property, Quiet Enjoyment. Tenant represents and agrees that the Premises, the sidewalks and structures adjoining the same, and the present uses and non-uses thereof, have been examined by Tenant and that Tenant accepts the same in the condition or state in which they or any of them now are, without representation or warranty, express or implied in fact or by law, by Landlord and without recourse to Landlord, as to the title thereto, the nature, condition or usability thereof or the use or uses to which the Premises or any part thereof may be put. Landlord covenants and agrees that Tenant, upon paying the rent and other charges herein provided for and observing and keeping all covenants, agreements and conditions of this Lease on its part to be observed and kept. shall quietly have and enjoy the Premises during the term of this Lease without hindrance or molestation by anyone claiming by, or through Landlord, subject, however. to the exceptions. reservations and conditions of this Lease. Section 18. Environmental. Tenant shall not release, generate or dispose of any hazardous materials in or at the Premises or any properties adjacent to the Premises in violation of any local, state, Federal or other laws, ordinances, rules or regulations applicable to the Premises; and in the event of any such release, generation or disposal of such hazardous materials in, on or around the Premises, Tenant shall promptly contain and remove the same. Section 19. Hold Over. Any holding over by Tenant, after the expiration of the term on this Lease. shall be treated as a tenancy, at sufferance at one and one half (1 %Z) times the rent and other charges herein set forth, and shall otherwise be on the terms and condition set forth in this Lease, as far as the same applicable, except that such holding over shall be on a month-to-month basis. Boston Reading, LLC Retail Lease Pa ,re of 7 a~ 47 Section 20. Miscellaneous. The captions of this Lease are for convenience and reference only and in no way define, limit or describe the scope or intent of this Lease. This Lease shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. The covenants and agreements herein contained shall bind and inure to the benefit of Landlord, its successors and assigns, and Tenant, its successors and permitted assigns, except. as otherwise provided herein. Tenant agrees that it will not record this Agreement, but may record a "Notice of Lease" in usual and customary form acceptable to the Landlord. Section 21. Tenant Shall Discharge its Liens. Tenant shall promptly pay all amounts owing to its contractors and rnaterial-men, so as to minimize the possibility of a lien attaching to the leased premises, and should any such lien be made or filed, Tenant shall bond against or discharge the. same within ten (10) days after written request by Landlord and shall furnish Landlord with written evidence of the same. Section 22. Right to Relet. Should Landlord elect to reenter, as herein provided. or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may, from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the premises, and relet the leased premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and a t such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable: upon each such reletting all rentals received by Landlord from such reletting shall be applied, first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord: second, to the payment of any costs and expenses of such reletting, including brokerage.fees and attorney's fees and of costs of such alterations and repairs: third, to the payment of rent due and unpaid hereunder, and the residue, if any. shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during the month by Tenant hereunder. Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the leased premise by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the leased premises. reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the leased premises for the remainder of the stated term, all of which amounts shall be immediately due and payable by Tenant hereunder. Section 23. Entire Agreement. This Lease and the exhibits attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions, and understandings between Landlord and Tenant concerning the leased premised, and there are no covenants, promises, agreements. conditions or understandings, either oral or written, between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shalt be binding upon Landlord or Tenant unless reduced to writing and signed by them. Section 24. Notices. Any notice, demand, request or other instrument which may be or are required to be given under this Lease shall be delivered in person or sent by United States certified mail postage' prepaid and shall be addressed (a) if to Landlord at the address first here-in-above given, or at such other address as Landlord may designate by written notice and (b) if to Tenant at the leased premises or at such other address as Tenant shall designate by written notice. Section 25. Prior Leases. The enforcement of this Lease is subject to the Landlord discharging and releasing any prior Leases of these premises concerning the demised term hereunder. Boston heading, LL( Retail Lease Page 6 of 7 fax S 48 IN WITNESS WHEREOF, the undersigned have executed this Lease Agreement by their duly authorized representatives as of the date first above written. Landlord: Boston Readin . LLC By. ELLIOT GO Manager Tenant I By: Rob C~tp' Guarantor: f L.i f /f Bostoli Reading, LLC Retail Lease I'agi: 7 of r S~ 49 SCHEDULEI TO LEASE AGREEMENT BETWEEN BOSTONREAIDING LLC & ROBERT CARP Landlord: BostonReading LLC 715 Boylston Street Boston, MA 02116 Execution Date: Landlords Property: Premises: Lease Start Date: Lease End Date: Tenant: Robert Carp 676 Main Street Reading, MA 01867 To be determined, somewhere around closing of transaction. 662-678 Main Street & 12 Woburn Street Reading, MA Approximately 2,900 square feet located at 676 Main Street, Reading, MA To be determined upon business/tenant purchase of liquor store. June 30, 2016 Secti on 1 Secti on 8 Period Initial Initial Initial Annual . Initial Monthly Annual Monthly Maintenance Maintenance Fee Rent Rent Fee 7/l/10-6/30/11 557,992.52 $4,832.71 N/A N/A 7/1/11-6/30/12 Greater of Greater of N/A N/A Boston CPI Boston CPI or 3% or 3% 7/1/12-6/30/13 Greater of Greater of N/A N/A Boston CPI Boston CPI or 3% or 3% 7/1/13-6/30/14 Greater of Greater of N/A N/A Boston CPI Boston CPI or 3% or 3% 7/9/14-6/30/15 Greater of Greater of N/A N/A Boston CPI Boston CPI or 3% or 3% 7%1/15,6/30/16 Greater of Greater of N/A N/A Boston CPI Boston CPI or 3% or 3% Section 2 Taxes for initial Tax Year: Initial Tax Year: 2001-$18,809.96 Tenant's Percentage: 17% Section 3 Utilities: Tenant shall pay for all *utilities. Tenant will reimburse Landlord for water and sewer. Landlord pays water and sewer bill directly to town. SCHEDULE I / PAGE 1 OF 3 TO.LEASE'AGREEMENT BETWEEN BOSTONREADING LLC & 5 50 Section 4 Section 5 Section 9 Security Deposit: $10,000.00 Tenant shall not assign or sublet the premises without Landlord's prior consent. Permitted Use: Tenant may only use the Premises only fore purpose of a smoke shop and gourmet wine and cheese shop including beer and spirits and variety of specialty foods not to be consumed on the premises. SCHEDULE I / PAGE 2 OF 3 TO LEASE AGREEMENT BETWEEN BOSTONREADING LLC & 51 Additional Provisions ,hereby (Wade part of Lease Agreement :k. Parking: \one It. Condition of Prrmiscs: femani accept: the t're'llises "AS IS." C. Guarunts: Robert Carp will pcr.onally. jointly and severally, guaranty' all payments and obligtnu»ts of I enaw und;:r the l.c:tse, and will execute guaranty prepared by Landlord 1). ('rash Itemo~al: t enant „ill proherl% handle and dispose of all trash tram thepremises at ICTIMIl's E. Option tt> Extend: 'I enmu bar two live-vear option:, to renetr raid lease. fhe first fixe-year option .ball he adiastetl annually by the greater of the I.tustint CPI or 'I'hc second live-year opnon ,hall he adjusted cmntially by the ;greater of the Boston CPI or 3"; . F. Ft nu" of Operation: 1 he hoots of operitiiint are :Monday through 5uturday !trim 10 am throwuh X pun And Sunday 12 noon through 0 pm. and stich additional hoar, as mm, he allowed by law, l..nullord: HUS]()N RLADIMi. 1. U.' 'Icnat 13, _ By. Date S(.1If.-Pt.1.1 I PAGE 3 01 3. R t I I•:\>h AG1U-_LPv1FN 1 131:'I WFEN, BON 'l U ~'Kl:i\I)IN{ i I I 52 ~,~~FR89A n ~QIO DEC tl~ 2Q r" Town of.Rea i , ri ~ f ~ • APPLICATION. FOR PORTABLE A-FRAME! {6~s:rNCOaep4~ SANDWICH• BOARD SIGNS New License Renewal 1. Business Applicant Business Name & Address Business Owner Business Manager Contact information (mailing address, phone number, bmail address) ~ZIV A, l C'j z,,~M v i,~ ; ~ l~ r/ t r la~i~i~: CC7l>'•i . 239 2. Buiidinn Owner; Contact information (name, mailing address, phone number, email address) 3. Specify type of sign message,'i.e. restaurants special of the day; and-.hours the' sign will be put out and taken in (this is the applicant's responsibilify) 00 4. Description of sign including type'of materials, colors, and haw it will be weighted I attest that I have read and understand the Town of Reading Regulations for Portable A-F'rame/3andwich Pnard signs and agree to uphold these regulations. ; Date Sdt. 5 3' COWIERCIAL LEASE 1. Parties: LESSOR, which expression shall include At the Depot Realty Trust of 286 Park Street, Ndrth Reading, Massachusetts 01864, its heirs, successors, and assigns where the context so admits, does hereby lease to Melinda Nimblett, whose address is: 58 Hopkins Street, Wakefield, Massachusetts 01880, which expression shall include her heirs, successors, and assigns where the context so admits, and the LESSEE hereby leases the following described premises: 2. Premises: The demised premises consists of: Unit 102 at the Haven Junction Condominium, 2 Haven Street, Reading, Massachusetts, said premises being located on the first floor of the building and containing approximately 1,040 square feet, more or less. The area of the unit is an approximation, based on the condominium plan for the unit. Any discrepancy in the area shall not affect the rent hereunder. Together with the exclusive right to use Parking Space #20, formerly shown as a loading space on the condominium site plan. The LESSOR shall have the right to substitute another.parking space on or adjacent to the condominium property upon written notice to the LESSEE. Together with the right to use in common, with others entitled thereto, the common areas of the condominium, including the hallways, stairways, and elevators, necessary for access to said leased premises, and lavatories nearest thereto. 3. Term: The term of this lease shall be for ten years, commencing on July 19, 2010 and ending on July 18, 2020. LESSEE shall have one option to extend the term of this Lease for one separate extension period of five lease years (such period being hereinafter called the "Extension Period") commencing upon the day after the expiration date of the original term, provided that LESSEE shall not be in terminable default under any of the terms of this Lease beyond applicable grace periods, at the time of the exercise of any option, and that LESSEE continues to occupy the Premises. NLESSEE elects to exercise said option, LESSEE shall do so by givingnotice of such election to LESSOR at any time during the term of this Lease on or before the date which is six (6) months prior to the commencement of the Extension Period for which such election is exercised. The LESSEE shall have the right.to terminate this lease, effective as of the end of the fifth year of the term. If LESSEE elects to exercise this option to terminate, LESSEE shall do so by giving notice of such election to LESSOR at any time during the fourth year of this Lease on or before the date which is six (6) months prior to the last day of the fifth year of this Lease. 4. Terms During Extensions: The extension period resulting from the exercise of an option contained in Paragraph 3 shall be upon the same terms and conditions as the original term of the Lease, except for the annual rent which will be the fair rental value of the Premises determined as follows: LESSOR and LESSEE shall attempt to agree upon such fair rental value. If the Commercial Lease Lessor. At the Depot Realty Trust Lessee: MelindaNimblett Premises: Unit 102 Haven Junction Condominium, 2 Haven Street, Reading, Massachusetts Page I of 11 N AI AI ' M.G.H. M.N. Sdz 54 Said payments shall be made commencing on September 1, 2010 and on the First day of each month thereafter. Security De sit: Upon the execution of this lease, the LESSEE shall pay to the LESSOR the amount of $2,775.00, which shall be held as a security for the LESSEE'S performance as herein provided and refunded to the LESSEE at the end of this lease subject to the LESSEE' satisfactory compliance with the conditions hereof. 7 Additional Rent: a_. Real Estate Taxes. LESSEE will pay to LESSOR as additional rent hereunder, when and as designated by notice in writing by LESSOR, all real estate taxes assessed against the premises in each year of the term of this lease or any extension or renewal thereof. If the LESSOR obtains an abatement of any such excess real estate tax, such abatement, less the reasonable fees and costs incurred in obtaining the same, if any, shall be refunded to the LESSEE. I Condominium Fees: LESSEE will pay to LESSOR as additional rent hereunder, when and as designated by notice in writing by LESSOR, all condominium fees assessed against the premises in each year of the term of this lease or any extension or renewal thereof. 8 Rent Adjustments Operating Cost Escalation: - The LESSEE shall pay to the LESSOR as additional rent hereunderwhen and as designated by notice in writing by LESSOR, 100 per cent of any increase in operating expenses over those incurred during the calendar year 2010. Operating expenses are defined for the purposes of this agreement as the cost of insuring the premises, and the cost of condominium fees. This increase shall be prorated should this lease be iii effect with respect to only a portion of any calendar year. 9. MUM The LESSEE shall pay, as they become due, all bills for electricity and other utilities (whether they are used forfumishing heat or other purposes) that are furnished to the leased premises and presently separately metered,-and all bills. for fuel furnished to a separate tank servicing the leased premises exclusively. The LESSEE shall also provide all other utility service and to furnish reasonably hot and cold water and reasonable. heat and air conditioning to the leased premises. Utilities serving the hallways, stairways, elevators, lavatories, elevator service, cleaning service and heating, air conditioning lighting in the passageways and stairways are normally available Commercial Lease Lessor. At the Depot Realty Trust Lessee: Melinda Nimblett Premises: Unit 102 Haven Junction Condominium, 2 Haven Street, Reading, Massachusetts Page 3 of 11 G.H. _ l M.N. sd3 55 a part is the responsibility of the condominium association, and not the LESSOR 14. Lessee's Covenants: In addition to all other covenants and agreements of LESSEE contained herein, LESSEE hereby covenants with LESSOR that LESSEE, duri ng the said term and for such further time as it shall hold the Premises or any part thereof will pay all charges for heat, water, gas, electricity, sewerage, and all oth eruti lities services used by LESSEE upon the Premises; will save LESSOR hamaless from all loss and damage occasioned by the use of water in or escape of waterfront the Premises orby the bursting or cracking of the water pipes, including the sprinkler system, if any, except for such loss or damage as is caused by the negligence of LESSOR, its agents; employees, servants, or contractors or LESSOR's failure to properly make repairs required to be made by LESSOR hereunder; at the expiration of said term will remove its goods and defects and those of all persons claiming under it and will peaceably yield up to LESSOR the Premises and all additions and improvements made upon them (except those which LESSEE is permitted to remove hereunder) and leave them clean and in such repair, order and condition as the same are in at the commencement of said term or may be put in by LESSOR or LESSEE during the continuance thereof, reasonable wear and tear and damage by fire oranyother casualty or takings excepted; will not commit any nuisance on the Premises; will not overload the Premises; will not carry on any business, trade or occupation upon the Premises or make any use thereof which shall be unlawful or offensive or contrary to any law or ordinance for the time being in force; will not do any act or thing upon the Premises which will make them uninsurable against fire or which is liable to increase the premium for fire insurance on the Premises over the normal premium at the time in question for the stipulated use of the Premises, and if such premiums are increased, LESSEE shall pay the amount of such increase; will keep the Premises equipped with all safety appliances required by law or ordinance, or any order or regulation of any public authority because of the use made of the Premises; except only for the structures on thePremises, repairs to which are to be made byLESSOR, will make all repairs, alterations, and replacements so required; will procure any authorizations or licenses required for LESSEE's use or repair of the Premises; that LESSOR or its agents may during the term during normal business hours and with LESSEE's prior approval which approval LESSEE agrees not to unreasonably withhold or delay (or at any time in the event of an emergency) enter to view the Premises and make repairs or improvements, but LESSOR will not be required to do so, except as otherwise expressly provided in this Lease; and LESSOR may show Premises to others at mutually agreeable times during normal business hours, and at any time during normal business hours within. one hundred eighty (180) days before the expiration of the term (as the same may be .extended), and may affix to any suitable part of the exterior of the Premises a notice of reasonable size for letting or selling the Premises and keep the same as affixed without molestation by LESSEE. 15. Al tions - Additions- The LESSEE shall not make structural alterations or additions to the leased premises, but may make non-structural alterations provided the LESSOR consents thereto r in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations shall be at LESSEE's expense and shall be in quality at least 'equaI to the present Commercial Lease Lessor. At the Depot Realty Trust Lessee: Melinda Nmblett Premises: Unit 102 Haven Junction Condominium, 2 Haven Street, Reading, Massachusetts Page 5 of 11 -M..-G-H.. M~ M.N. SAN 56 prior written notice to each assured named therein. The limits of liability under such insurance shall be increased, from time to time, as determined in the LESSOR'S sole discretion. 21. Fire Casualty and Eminent Domain Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made; and the LESSEE may elect to terminate this lease if (a) The LESSOR fails to give written notice within thirty (30) days of intention to restore leased premises, or (b) The LESSOR fails to restore.the leased premises to a condition substantially suitablefor their intended use within ninety (90) days of said fire, casualty or taking. (c) Definition of "Substantial Damage" and "Partial Damage" The term "substantial damage" as used herein, shall refer to damage which is of such character that in the LESSOR' reasonable opinion the same cannot, in ordinary course, be expected to be repaired within one hundred twenty (120) calendar days from the time that such repair work would commence. Any damage which is not "substantial damage" is "partial damage". (d) . Partial Damage to the Premises If during the term there shall be partial damage to the leased premises by fire, the elements, accident or other casualty covered by insurance which the LESSOR is required to maintain (any such causes are referred to herein as a "Casualty"), and if such damage shall materially interfere with the LESSEE's use of the leased premises as contemplated by this lease, then, subject to the provisions of section (f) hereof, the-LESSOR shall, promptly proceed to restore the leased premises to substantially the condition in which they were immediately prior to the occurrence of such damage. (e) Substantial Damage to the Premises If during the term there shall be substantial damage to the leased premises by Casualty and if such damage shall materially interfere with the LESSEE's use of the leased premises as contemplated by this lease, the LESSOR shall promptly restore the leased .premises to the extent reasonably necessary to enable the LESSEE's use of the leased premises, unless the LESSOR, within ninety (90) days after the occurrence of such damage, shall give notice to the LESSEE of the LESSOR' election to terminate this Commercial Lease Lessor. At the Depot Realty Trust Lessee: Melinda Nimblett Premises: Unit 102 Haven Junction Condominium, 2 Haven Street, Reading, Massachusetts Page 7of 11 AGH.' M.N. SdS 57 22. Default and Bankrnntcy: In the event that: (a) The LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten (10) days after written notice thereof; or (b) The LESSEE shall default in the observance or performance of any other of the LESSEE's covenants, agreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof, or (c) The LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the leased premises, to declare the term of this lease ended, and remove the LESSEE's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE's part to be observed or performed under or by virtue of any of the provisions in any provision of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at.the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of ten per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent. 23. Notice: Any notice from the LESSOR to the LESSEE relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if left at the leased premises addressed to the LESSEE, orif trailed to theleased premises, registered or certified mail, return receipt requested, postage prepaid, addressed to the LESSEE. Any notice from the LESSEE to the LESSOR relating to the leased premises or to the occupancy thereof, shall be deemed duly served, if mailed to the LESSOR by registered or certifiedmail, return receipt requested, postage prepaid, addressed to the LESSOR at 286 Park Street, North Reading, Massachusetts 01864 or at such address as the LESSOR may from time to time advise in writing. All rent shall be paid and sent to the LESSOR at 286 Park Street, North Reading, Massachusetts 01864, or at such address as the LESSOR may from time to time advise in writing. 24 Surrender. The LESSEE shall at the expiration or other termination of this lease remove all LESSEE's goods and effects from the leased premises, (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the LESSOR the leased premises and Commercial Lease Lessor. At the Depot Realty Trust Lessee: Melinda Nimblett Premises: Unit 102 Haven Junction Condominimn, 2 Haven Street, Reading, Massachusetts j t Page 9 of 11 'Y/1/ Mt.G.H. M.N. ~0e 58 the requirements of the Haven Junction Condominium Association and with the consent of the Association. LESSOR shall cooperate with the LESSEE in procuring necessary approvals for such signs, by signing such applications as may require LESSOR's signature. In no event shall LESSOR have an obligation to cooperate in LESSEE's efforts to procure approval of such signs to the extent that the sign to be permitted will result in the LESSEE'S having a sign which, under local by-law, exceeds LESSEE' proportionate share of the number or square footage of signs allowed for the building as a whole. 29. Lessor's Interest: LESSOR reserves the right to assign or transfer any and all of its rights, title and interest under this Lease, including but not limited to the benefit of all covenants of the LESSEE hereunder. Notwithstanding anything contained in this Lease to the contrary, it is specifically understood and agreed that the obligations imposed upon LESSOR hereunder shall be binding upon LESSOR and LESSOR's successors in interest only with respect to breaches occurring during LESSOR's successors' respective ownership of LESSOR's interest hereunder, and LESSOR and its said successors in interest sball not be Iiablefor acts and occurrences arising from and after the transfer of their interest as LESSOR hereunder. 30. Notice of Lease:. LESSOR shall execute a short form of notice of lease for recording purposes upon written request by the LESSEE. 31. Other Provisions: It is also understood and agreed that_ a. LESSOR shall remove inter ior walls in the front of the space, leaving the two offices in the back intact. b. LESSOR shall finish the floors to presentable condition in either carpet or tile. C. LESSOR shall explore the viability of providing venting for possible oven use and discuss the options with LESSEE. d. Confidentiality: The parties agree to maintain confidentiality related to the terms and arrangements of this proposal. e. This agreement represents the entire agreement between the parties. No prior or contemporaneous representations or statements made by either party shall, not included in this tease are of any force and effect. IN WITNESS WHEREOF, the said parties hereunto set their hands and seats this V D day of July, 2010. At the Depot Realty Trust By. Mark G. Hall, Trustee eel 4,1da tCommercial Lease. Lessor_ At the Depot Realty Trust Lessee: Melinda Nimblett Premises: Unit 102 Haven Junction Condominium, 2 Haven Street, Resding, Massachusetts kA 0-- Page 11 of 11 M.G.H. 1'!v M.N. Sil 59 v\ 24. The Licensee shall comply with all applicable. laws (including, the sign portions of the Zoning by-laws), rules, regulations, and conditions of other licenses and permits. 25. The license fee for the use of the public sidewalk shall be $100 per year and shall be payable upon initial application for an Outdoor Dining License, and for annual renewal of the license. In granting a License, the Board of Selectmen may impose such additional conditions as it determines to be appropriate. Adopted 7-14-09 amended 5111/10 Section 3.11 - Permit/License for Portable A-Frame/Sandwich Board Signs At the 2010 Annual Town Meeting, Section 6.2. "Signs" of the Zoning By"Law was amended to permit the use of Portable A-Frame or Sandwich Board signs in the Business B Zone. Prior to this zone change, Portable A-Frame signs were prohibited by zoning. The amended sign by-law stipulates that Portable A-Frame signs fall under the regulatory control of the Board of Selectmen. Applicants will be required to apply to the Board of Selectmen for an annual permit. The following policies regulate the use and installation. of A-Frame and Sandwich Board signs. 3.11.1 - Purpose and Intent This policy is developed in order to promote, a pedestrian friendly community that supports businesses. The regulation of Portable A-Frame/Sandwich Board Signs is intended to balance the aesthetic, safety, and economic development needs of the community. By regulating this use, sidewalk access will be preserved for pedestrians, particularly those with disabilities; and required ongoing maintenance of sidewalks including snow and ice control can be accomplished. 3 11 2 Requirements and Rules - Portable A-Frame/Sandwich Board signs General: 1. A license and annual permit from the Board of Selectmen is required r~ for to the placement of any Portable A-Frame/Sandwich Board sign. 2. Permits are valid for one calendar year (January 1 - December 315) or remainder thereof, and must be renewed annually. The license to utilize the public way will continue as long as a permit is issued and renewed for consecutive years. 3. Portable A-Frame/Sandwich Board signs are permitted in the Business-B zoning district, only. 4. The Board of Selectmen will generally issue licenses and permits only for retail business uses and consumer services, excluding banks, realtors, attorneys, medical practitioners, and other similar business uses for which a portable/sandwich board sign is not usual and customary. 3-28 Board of Selectmen Policies j 1 61 Size and Location: 5. The maximum height of a Sign shall be 4 feet; 6. The maximum sign area shall not exceed 6 square feet per side, with no more than 2 sides; 7. Portable A-Frame/Sandwich Board signs: • May be on public or private property; • Shall be located within 15 feet of the business entrance (unless granted a visibility hardship); • Must be located so as, to leave a minimum of 4 feet (48 inches) of an unobstructed walk-way for safe pedestrian passage and shall not obstruct pedestrian movement; • Shall be subject to all requirements for handicapped accessibility • Must be located in a manner that does not obstruct site lines or vehicular traffic; • Must be located at least 20 feet from the intersection on corner lots; • Shall be located at least 20 feet from another Portable A-Frame/Sandwich Board sign; • May be placed in a permitted location only during business hours of operation, and must be removed at the end of the business day. • May not be located on landscaped islands or other planted areas; • Must be freestanding and not.attached to any public appurtenance such as a bus shelter, sign post„ light fixture, trash barrel, bench or other similar item; • May not include attachments like balloons, flags, banners, lights, reflectors, or other items; • Must be sufficiently weighted to prevent it from blowing over. 7. Visibility Hardship - Businesses may apply for a hardship for placement of signs on the major access roads due to their location in an alleyway or other area that restricts visibility of the business from major roads. Applicants shall demonstrate this. hardship with photos or other supporting documentation. If a hardship approval is granted, signs shall be located on the street closest to the business. All of the other requirements for Portable A-Frame/Sandwich Board signs shall apply. Other 8. The sign shall be maintained in good condition; 9. Only one portable A-frame sign per businesses is allowed; 10. The sign material shall be weather resistant, shall not be reflective, and shall not include any type of illumination; 11: Portable signs shall be removed during a declared snow emergency. 12. The sign permit is non-transferable and application for such permit must be from the business owner (not the sign installer/maker). 13. The permit is not valid for any other business or location other than what was approved by the original permit, and the advertising on the sign shall only apply to the business for which the permit was granted. 14. Political statements or messages are prohibited. 15.. Applicant shall indemnify the Town of Reading or its agents from damage to signs resulting from plowing or other public works maintenance. 16. Applicants must be current on all taxes or fees owed to the Town prior to the application for a permit. 3-29 Board of Selectmen Policies \ 1 62 Application 17. The application fee for a license and permit for a Portable A-Frame/Sandwich Board sign shall be $50.00 for the first year or part thereof, and $25 per year for annual renewals. 18. -Each application will be considered on a case by case basis. 19. Two copies of the completed application form and all the required attachments and supporting material shall be submitted. 20. The application shall include: • business name and address; • business owner contact information with email address and telephone number; • ownership status of the business as a property owner or tenant, demonstrated by proof of ownership or lease; if a tenant, written permission from the property owner is also required. • color drawing of the proposed sign and a site/plot plan (to scale) showing the proposed sign location and dimensions of the sidewalk, distance to the business entrance, and relationship to adjacent buildings, roads, driveways, and other street amenities such as trash receptacles, fire hydrants, utility fixtures, etc. . . • tie of sign message. There is nothing to preclude the business owner from changing the specific message during the year, and if the business owner's intent is to change the message frequently - i.e. restaurant's special of the day - then they should specify that in their application. • photographs of the area where the proposed sign is to be located, showing the storefront, building(s), the existing signs, abutting properties and the streetscape surrounding the proposed sign. • materials and colors of the sign shall be described in the application and on the drawings. 21. The sign shall not be installed until the owner has received the sign permit and license authorization from the Board of Selectmen. 22. Signs placed in violation of this policy may be removed immediately by the Town at the sign owner's expense. 23. The permit fee for a Portable A-frame / Sandwich Board Sign installed without a sign permit will be double the regular sign permit fee Permit Renewal 24. For renewals of permits and licenses, a simple submittal of the completed application without attachments will be sufficient if none of the parameters of the initial license and permit have changed. 25. The Board of Selectmen reserves the right to renew or not renew the license and permit in its sole discretion. 26. The Board of Selectmen may delegate the process of renewal of licenses and permits. Administrative Requirements 27. The approval of a permit and license or the renewal of a permit and license shall be subject to the execution of a License Agreement and submission of proof of Liability Insurance naming the Town of Reading as an additional' insured. Approved 1015110 3-30 Board of Selectmen Policies 63 J(~ Page 1 of 1 Schena, Paula From: Hechenbleikner, Peter Sent: Thursday, December 09, 2010 12:57 PM To: Schena, Paula Subject: Request to be open until 1 am on New years Eve. 3.2.2.5 Orderly_._Clo.ing . Licensees shall ensure that.patrons leave the premises in an orderly manner within the time limits established' below • There shall be no sale of alcoholic beverages or food after the closing hour established in the table in Section 3.2.1.20. Sale shall be defined as delivery of alcoholic beverages or food to the customer. All tables and service locations shall be cleared of alcoholic beverages within '/z hour after the closing hour as established in the table in Section 3.2.1.20. • All customers shall be off the premises within 1 hour of the closing time as established in Section 3.2.1.20. Peter-l. Hechenbleikner Town Manager Town of Reading 16 Lowell Street' Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. -.7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www:readi.ngma,goy email townmanage_r@c..readi.n.g.ma,us Please let us know how we are doing - fill out our brief customer service survey at http._//readin- ma- survey..yirtualtownh, all _net/surv.ey/sid/4a123638fd4e28b81 ~~1 12/9/2010 64 of RFgO~~ 6`~9INCO'4L4~~0 TOWN OF READING Number: 2010-7 Fee: $50.00 This is to certify that NEWTON SPURR OF THE READING ROTARY CLUB, P. O. BOX 61, READING, MASS. THE ABOVE NAMED NON-PROFIT CORPORATION IS HEREBY GRANTED A SPECIAL ONE-DAY LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE SERVED ON THE PREMISES AT A ROTARY SOCIAL GAME NIGHT TO BE HELD ON SATURDAY, JANUARY 29, 2011 AT LONGWOOD PLACE, 75 PEARL STREET BETWEEN THE HOURS OF 6:00 P.M. TO 10:00 P.M. Under'Chapter 138, Section 14, of the Liquor Control Act. Holders of the license must purchase all liquor from a licensed wholesaler. Holders of one day licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic beverages to attendees. There shall be no self service of any alcoholic beverage at any event approved as a one day license. This permission is granted in conformity with the Statutes and Ordinances relating there a d expire 10:00 p.m., J nuary 29, 2011, unless suspended or revoked. Date Issued: December 8, 2010 FY 5