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2013-02-26 Board of Selectmen Packet
OFR •qC Town of Reading 16 Lowell Street Reading, MA 01867 -2685 39i INC04Q0� FAX: (781) 942 -9071 Email: townmanager &i.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: February 21, 2013 RE: Agenda — February 26, 2013 1) I have asked the Chairman to have a brief executive session at 7:00 p.m. with Chief Cormier. This is dealing with a security issue in the community. 5) The Volunteer Appointment Subcommittee is meeting on the evening of February 21, 2013, to interview candidates for the Conservation Commission and Council on Aging. I will email minutes of that meeting to the Board on Monday and have a copy of it for Tuesday evening. 6a) This item is a hearing on a transfer of a liquor license from Northside Liquors at 150 Main Street, to a store front to be built at 212 Main Street. The store front will take a portion of JK Market and will be a completely separate store from JK Market. 6b) The Town Manager's Screening Committee will have its final report to the Board of Selectmen, naming the Town Manager finalists to be interviewed by the full Board of Selectmen. 6c) A draft Warrant consisting of 25 Articles is in your packet. These are still subject to review by staff and Town Counsel so there may be some minor revisions and if there are blanks in the document given to you we will have those Articles completed for Tuesday night. 6d) In your packet is a proposed Policy Establishing a Library Building Committee. I have reviewed this with the Library Board of Trustees and have made some modifications to my initial draft based on discussion with the Trustees. This will be a joint hearing and will need joint approval by the Board of Selectmen and the Library Trustees. 6e) Assuming that the Board of Library Trustees and the Board of Selectmen approve the Policy Establishing the Committee, I would recommend that members of the Library Building Committee be designated as special employees. This would allow building design and construction specialists to serve on the co mmittee without having to give up any employment work within the Town of Reading. Selectman Tafoya pointed out that this may be necessary in order to get qualified people to fill those positions. 6g) The hearing is set for consideration of parking regulations in downtown. Notices went out to people within 500 feet of the location where changes are proposed. The legal notice is also on the website and was advertised in the newspaper. The proposed regulations are consistent with the direction that the Board of Selectmen gave at their meeting in January when this was discussed. 6h) An applicant has come forward to purchase the Wine Shop of Reading, and this is an application for a hearing on the license transfer. Having discussed with issue with the applicant as recently as Wednesday afternoon, the applicant is considering going into a different location in Reading, so this application may or may not be withdrawn during the day on Tuesday. If it is withdrawn, I will let you know by email. PIH/ps Executive Session ISecurity Issue Appointments I Conservation Commission, Council on Aging Hearing Liquor License transfer - Patel Hechenbleikner 7:30 Final Report - Town Manager Screening Committee Bonazoli 7:45 Close warrant - 2013 Annual Town Meeting Hechenbleikner 8:00 Close Warrant - Town Election Hechenbleikner 8:05 Hearing Joint approval with the Board of Library Trustees of a Policy Establishing a Library Building Committee Hechenbleikner 9:00 Designation of members of Library Building Committee as Special Employees Hechenbleikner 9:15 Draft regulations - Licensing /fingerprint bylaw Cormier 9:30 Hearing Parking Regulations - Downtown. Cormier/Martel 9:45 Hearing Liquor License Transfer - Wine Shop of Reading Hechenbleikner 10:00 Town Manager interviews Office Hour Ben Tafoya 6:30 Town Manager interviews Town Accountant appointment Town Manager appointment Bonazoli Presentation Retiring members of the Board of Selectmen Hechenbleikner Hechenbleikner/D Close Warrant - Special Town Meeting jelios March 25 & 26 - Passover - NO MEETINGS Apri —2,2013 - Annual Town Election NO MEETINGS April 9, 2013 Office Hour John Arena 6:30 Board of Selectmen Reorganization 7:30 Audit presentation /discussion Angstrom 7:45 Presentation of report on AHTF Delios Hearing W /S /SWM Rates Zager/LeLacheur Preview Town Meeting Hechenbleikner Review Mayors Against Illegal Guns letter, and consider endorsing it. Mayor Dolan and /or Mayor Curtatone 7:40 Review draft amendments to Traffic Rules and Regulations Martel Consideration of All Way stop, Birch Meadow Drive and Oakland Road. Zambouras Award bid - sale of Lothrop Road property Hechenbleikner LEAP presentation Hearing Amending Policy on Town Forest Committee April 11, 2013 - Adopt an Island Kick off at Senior Center 7:00 p.m. Apri122, 2013 - Annual Town Meeting no meetugs ,... y 3� d r MAPC member update Sadwick Arbor Day proclamation Zager/Kinsella Telecommunications week Cormier/Burns Hearing Traffic Rules and Regulations Martel Presentation on mosquito control Clay Review rubbish limits and "barrel audit" Zager/Kinsella Review remote participation for public meetings (per Open Meeting Law) Hechenbleikner April 25, 2013 - Annual Town Meeting no meetings April 29 2013 - Annual Town Meeting no meetings May 2, 2013 -Annual Town Meeting no meetings Office Hour James Bonazoli 6:30 Proclamation Bicycle month Delios Proclamation DPW appreciation week Zager Proclamation EMS Week Burns Discussion - street numbering. Zambouras May 21, 4013 . May 23, 2013 - PH Retirement dinner no meetings Office Hour 6:30 Hearing FY 2014 Compensation Plan Roberts Hearing Amendment to Personnel Policies Roberts New Town Review Goals Manager June 19, 2013 Town Accountant Quarterly meeting Angstrom Appointments of Boards, Committees, Commissions Ally 91 2013 Office Hour ? 6:30 July 30, 2012 Aa -A 2013 T Office Hour Ben Tafoya 6:30 September 4 & 5 Rosh Hashanah - NO MEETINGS November 12, 2013 -Subsequent Town Meeting ono meetings Town Manager Performance Evaluation, establish FY 2015 salary LEGAL NOTICE - I .TOWN OF READING NOTICE OF PUBLIC HEARING To the *Inhabftants of the Town of Reading: Please take notice that the Board of Selectmen of the Town of.Reading will hold a public hearing on February .26,-?GI;3 at 7:30 p.m. in the Seleefin&t. Meeting- Room, 16 L:ovlAil Street, Reading 'i Massachus4t(s on a transfer of the ROO Package Godds Store Liognsfa .for All Kinds of Alc6hduc- Beverages not to be Drunk ory the Premises from Jai- ValsiTnodevi and-Chlrag Ind- 0/b/a North Side Liquors, Milin Street to Jay & Ricky In(h'.* at 212 Main Street. A copy of the proposed do4- umeAt regarding this topic is available In the Town; Manager's. office, 16 Lowek Street, Reading, MA., M-W- Tfiurs from 7:30 a.m. - 5 :3Q- p. n., Tues from •M a.m. 7:00 p.m.* and Is attached to th'&' hearing notice on the website if www.readingma.gov All 'interested parties are' Invited to attend the hearing, or., may submit their. comments in writing or by email prior to tB:OD- p.M. on February 26, 2dt3 t9 townmanager0cI.reading:m4Ar** s By order q(- Peter 1. Hechenbfelkner Town Manager: 1/17 VIA RUSHWORTH PAUL P PATEL KALPESH TRUSTEE PATEL KALPESH TRUSTEE NANCY RUSHWORTH JK REALTY TRUST 1K REALTY TRUST 36 KNOLLWOOD RD 212 -214 MAIN ST 212 -214 MAIN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 KYDD CATHERINE G (L.E.) ARETUSI REMO DEWEY EDGAR G WILLIAM L KYDD ETAL 23 NELSON AVE TANYA D DEWEY 210 MAIN ST READING, MA 01867 206 MAIN ST READING, MA 01867 READING, MA 01867 GAGE JASON L HANEY BRIAN R HOLLIS MICHAEL J ROBIN A GAGE SARAH K HANEY HOLLIS CAROLYN B 200 MAIN ST 196 MAIN ST 484 SUMMER AVE READING, MA 01867 READING, MA 01867 READING, MA 01867 HOLLIS MICHAEL J SYNNOTT BURTON J DOHERTY THOMAS N HOLLIS CAROLYN B PO BOX 571 CAROLYN M DOHERTY 484 SUMMER AVE READING, MA 01867 -0401 464 SUMMER AVE READING, MA 01867 READING, MA 01867 CAHILL PAUL R ETAL TRS TRAPENI GUY R ASELTINE JOANNA A CAH ILL REALTY TRUST MARY BETH TRAPENI 193 MAIN ST 462 SUMMER AVE 492 SUMMER AVE READING, MA 01867 READING, MA 01867 READING, MA 01867 CONGO MATTHEW T CAMPBELL KENNETH N JR BERTONE MARIO TRUSTEE 195 MAIN ST CAMPBELL DONNA L MARIO BERTONE TRUST READING, MA 01867 201 MAIN ST 225 MAIN ST READING, MA 01867 READING, MA 01867 CROWLEY ROBERT T BERTONE MARIO TRUSTEE LIU HONGCHENG ELEANOR T CROWLEY MARIO BERTONE TRUST SONGPING GUO 18 CROSS ST 231 MAIN ST 24 CROSS ST READING, MA 01867 READING, MA 01867 READING, MA 01867 JONES BARBARA GAVINS HEFFERNAN PATRICK HEFFERNAN PATRICK 1 CROSS ST NICOLE HEFFERNAN NICOLE HEFFERNAN READING, MA 01867 9 CROSS ST 9 CROSS ST READING, MA 01867 READING, MA 01867 DURAN CHARLES E JR SCHNEIDER DEVIN BANK OF NEW YORK TRUSTEE JEANNE MACDONALD DURAN ABIGAIL SCHNEIDER FOR THE CERTIF CWMBS INC CHL 13 CROSS ST 14 CROSS ST 6400 LEGACY DR READING, MA 01867 READING, MA 01867 PLANO, TX 75024 HOSSEIN[ ABDOLLAH E GRIFFIN VICTORIA L TRUSTEE KRAMER MICHELLE 211 MAIN ST UNIT 2 THE GRIFFIN REALTY TRUST STEPHEN R COOK READING, MA 01867 29 KNOLLWOOD RD 19 KNOLLWOOD RD READING, MA 01867 READING, MA 01867 (o I$ TOWN OF READING CARTER RICHARD M ETAL TRS 16 LOWELL ST C/O COLEMAN LAW OFFICE READING, MA 01867 248 MAIN ST STE 202 READING, MA 01867 SMITH THOMAS M J HODSDON RUSSELL M PATRICIA A SMITH CLAIRE E HODSDON 34 KNOLLWOOD RD 26 KNOLLWOOD ROAD READING, MA 01867 READING, MA 01867 CARROLL RICHARD L READING -FAB LLC MARGARET L CARROLL C/O TRAMMELL CROW ASSOC 12 KNOLLWOOD RD P.O. BOX 14115 READING, MA 01867 READING, PA 19603 CARTER RICHARD M ETAL TRS C/O COLEMAN LAW OFFICE 248 MAIN ST STE 202 READING, MA 01867 DAVEY GEORGE C JUNE A DAVEY 18 KNOLLWOOD RD READING, MA 01867 (00 Schena, Paula From: Delios, Jean Sent: Tuesday, January 29, 2013 4:09 PM To: Schena, Paula; Cormier, Jim Subject: RE: liquor license transfer My only comment is that there are sign violations at X's and at Anthony's related to opaque background. The signs were approved and permitted correctly but the install was incorrect. It has been represented to us that they are in the process of correcting the violations Jean J. Delios t oim!� ur<it �(,njc(s Directs i, "im%n 111<ttiner Town of Reading 16 Lowell Street Reading, MA 01867 -2685 (P) 781- 942 -6612 (F) 781 -942 -9071 Town Hall Hours as of June 7, 2010 M, stir, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED jdeliosnci.reading.ma.us www.readingma.gov hup://readingma- survey.virtualtownhall .net /survey /sid /de8bdaa 16 db9e6b4/ From: Schena, Paula Sent: Monday, January 14, 2013 10:27 AM To: Delios, Jean; Cormier, Jim Subject: liquor license transfer Attached is an application for a transfer and change of location of Northside Liquors for your review. This is on the Selectmen's 2/26 agenda so I need any comments by noontime on February 21. Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781 - 942 -6643 Fax: 781 - 942 -9071 pschena(cci. reading. ma. us www.readingma.gov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 a.m. - 5:30 p.m. Tuesday - 7:30 a.m. to 7:00 p.m. Friday - CLOSED Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survey.virtualtownhall.net/surve //sid /7c8844ebldecdO98/ 6 OA EXECUTIVE SUMMARY Transfer of Retail Package Store License, Change of Manager and Change of Location application— "Jay & Ricky, Inc" Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, /ter • January 15, 2013 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 Retail Package Store License, Change of Manager and Change of Location Application for the Liquor License #10 1600017. The current location of this license is 150 Main Street, Reading, MA 01867. The new location of this license would be 212 Main Street, Reading, MA 01867. New Manger: Kalpesh Patel I find no reason why the license application should not go forward. Respectfully Submitted, C--- Sgt. etective Mark D. Segalla Criminal Division Commande i The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.massgov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 101600017 ^� Reading ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions M New License ❑ New Officer /Director E] Pledge of License 0 Transfer of License ❑X Change of Manager ❑ Cordials /Liqueurs Permit XD Change of Location Alteration of Licensed Premises Issuance of Stock E] Pledge of Stock Transfer of Stock New Stockholder [-] For Reconsideration 02/26/2013 Local Approval Date Change Corporate Name Seasonal to Annual Change of License Type Other F] 6 -Day to 7 -Day License Management/operating Agreement E] Wine & Malt to All Alcohol Name of Licensee Jay & Ricky, Inc. EIN of Licensee D /B /A Manager Kalpesh Patel ADDRESS: 12 Benjamin Lane CITY/TOWN: Reading STATE MA ZIP CODE 01867 Annual 1AII Alcohol 7771 Package Store Annual or Seasonal Category: (All Alcohol- Wine &Malt Wine, Type: (Restaurant,aub,Package Matt & Cordials) Store, General On Premises, Etc.) Complete Description of Licensed Premises: Portion of a flat roof glass front brick building located at 212 Main Street, Reading, Massachusetts containing approximately 1284.96 square feet. Premise has one entrance and a bathroom for customer use. No basement. Application Filed: Jan 10, 2013 Advertised: Jan 17, 2013 Abutters Notified: Yes 0 No E] Date, & Time Date & Attach Publication Licensee Contact Person for Transaction Howard J. Rock, Attorney Phone: 781 -891 -3500 ADDRESS: 411 Waverley Oaks Road Suite 320 CITY/TOWN: Waltham STATE MA ZIP CODE 02452 Remarks: The Local Licensing Authorities By: ABCC Remarks: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director Howard J. Rock, Esquire Attorney At Law 411 Waverley Oaks Road Waltham, MA 02452 Telephone: 781-891-3500 Fax: 781-891-6650 January 10, 2013 Mr. Peter L. Hechenbleikner Town Manager Town Hall 16 Lowell Street Reading, MA 01867 RE: Jay & Ricky Inc 212 Main Street Reading, MA Transfer of Retail Package Store License, Change of Manager and Change of Location Dear Mr. HechenbleAmer: The application and other required documentation regarding the above issues to be considered by the Town of Reading Selectman were delivered to your office on this date. full. It is my understanding that Town Meetings agendas during the next thirty (30) are Please schedule the above matters for a hearing on Tuesday, February 26, 2013. Thank you for your assistance and cooperation in these matters. to a-1 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.massgov /abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON -LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT 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 IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) 101600017 LICENSEE NAME Jay & Ricky, Inc. ADDRESS 12 Benjamin Lane CITY/TOWN Reading STATE MA ZIP CODE 01867 TRANSACTION TYPE (Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Cordials/Liqueurs Permit ❑ New Officer /Director ® Transfer of License ❑ Change Corporate Name ❑ Issuance of Stock ❑ New Stockholder ❑ Transfer of Stock ❑ Change of License Type ❑ Management/Operating Agreement ❑ Pledge of Stock ❑ Wine & Malt to All Alcohol ® Change of Location ❑ More than (3) §15 ❑ Pledge of License ❑ 6-Day to 7 -Day License Change of Manager ❑ New License ❑ Seasonal to Annual ❑ Other I— —� 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 w a 0 tJ N APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town Reading 1. LICENSEE INFORMATION: A. Legal Name /Entity of Applicant:(Corporation, LLC or Individual) Jay & Ricky, Inc. B. Business Name (if different) : C. Manager of Record: Kalpesh Patel D. ABCC License Number (for existing licenses only) : 101600017 E.Address of Licensed Premises 150 Main Street City/Town: Reading State: MA Zip: 01867 F. Business Phone: F G. Cell Phone: H. Email: 1. Website: 1.Mailing address (If different from E.): 12 Benjamin Lane City/Town: Reading State: MA Zip: 01867 2. TRANSACTION: ❑ New License ❑ New Officer /Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Pledge of Stock ❑X Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ (6) Day to (7) -Day License ❑ Wine & Malt to All Alcohol ANT ATTACHMENTS (1): The applicant must attach a vote of the entity authorizing all requested transactions, including the ment of a Manager of Record or principal representative. 3. TYPE OF LICENSE: ❑ §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On- Premises ❑ §12 Tavern (No Sundays) XJ §15 Package Store 4. LICENSE CATEGORY: )] All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials /Liqueurs Permit S. LICENSE CLASS: IM Annual ❑ Seasonal La/i 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: Howard J Rock ADDRESS: 411 Waverley Oaks Road, Suite 320 -71 CITY/TOWN: Waltham STATE: MA ZIP CODE: 02452 CONTACT PHONE NUMBER: 781- 891 -3500 FAX NUMBER: 781- 891 -6650 EMAIL: howard@hrocklaw.com 7. DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43. of a flat roof glass front brick building located at 212 Main Street, Reading, Massachusetts containing approximately 1,284.96 square feet. has one entrance and a bathroom for customer use. No basement. Total Square Footage: 1,284.96 Number of Entrances: 1 Number of Exits: Occupancy Number: Seating Capacity: IMPORTANT ATTACHMENTS (2): The applicant must attach a floor plan with dimensions and square footage for each floor & room. OCCUPANCY OF PREMISES: By what right does the applicant have possession and /or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: Landlord is a(n): Trust Other: Name: 1 K Realty Trust Kalpesh Patel, Trustee Phone: 781 -944 -0688 Address: 212 Main Street City/Town: Reading State: MA Zip: 01867 Initial Lease Term: Beginning Date 04/01/2013 Ending Date 03/31/2018 Renewal Term: Options /Extensions at: Years Each Rent: $12,000.00 Per Year Rent: $1,000.00 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes No IMPORTANT ACHMENTS(4): 1. If yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in §10 and must submit a completed Personal Information Form attached to this application. 2. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3. If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still provide a lease between the two entities. mo 9. LICENSE STRUCTURE: The Applicant is a(n): Corporation If the applicant is a Corporation or LLC, complete the following: State of Incorporation /Organization: Massachusetts the Corporation publicly traded? Yes ❑ N00 Other Date of Incorporation /Organization: 11/7/2012 10. INTERESTS IN THIS LICENSE: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) and any person or entity with a direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS (5): A. All individuals or entities listed below are required to complete a Personal Information Form. B. All shareholders, LLC members or other individuals with any ownership in this license must complete a CORI Release Form. Name All Titles and Positions Specific # of Stock or % Owned Other Beneficial Interest Kalpesh Patel President, Treasurer 100% Secretary, Director *If additional space is needed, please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑ Nom If yes, list said interest below: Name License Type Licensee Name & Address Please Select 1131ease Select 1Please Select 1131ease Select Please Select 1131ease Select IPlease Select *If additional space is needed, please use last page. (OWU 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 ❑ No Ig If yes, list said interest below: Name Licensee Name & Address Date Reason Terminated Please Select Please Select Please Select 13. DISCLOSURE OF LICENSE DISIPLINARY 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 9If yes, list said interest below: Date I License I Reason of Suspension, Revocation or Cancellation 14. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A ( §15) PACKAGE STORE LICENSE ONLY: A.) For Individual(s): 1. Are you a U.S. Citizen? Yes ❑ No ❑ 2. Are you a Massachusetts Residents? Yes ❑ No ❑ B.) For Corporation(s) and LLC(s) : 1. Are all Directors /LLC Managers U.S. Citizens? Yes 10 No ❑ 2. Are a majority of Directors /LLC Managers Massachusetts Residents? Yes JE No ❑ 3. Is the License Manager or Principal Representative a U.S. Citizen? XX C.) Shareholder(s), Member(s), Director(s) and Officer(s): No Yes 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty�ne (21) years old? �R] ❑ CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR 'ERANS CLUB LICENSE ONLY: A.) For Individual(s): 1. Are you a U.S. Citizen? B.) For Corporation(s) and LLC(s) 1. Are a majority of Directors /LLC Managers NOT U.S. Citizen(s)? RESTAURANT, HOTEL, CLUB, GENERAL ON PREMISE, TAVERN, 2. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ I A AV 16. COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: $0.00 B. Purchase Price for Business Assets: 1 $210,000.00 C. Costs of Renovations /Construction: 1 $10,000.00 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 $50,000.00 $0.00 $270,000.00 $170,000.00 IMPORTANT ATTACHMENTS (6): Submit any and all records, documents and affidavits including loan agreements that explain the source(s) of money for this transaction. Sources of cash must include a minimum of three (3) months of bank statements. The amounts listed in subsections (H) and (1) $100,000.00 must total the amount reflected in (G). 17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): 1. One (1) year promissory note from Jay & Ricky Inc to Jai Vaisnodevi & Chirag, Inc in the amount of $50,000.00. 2. One (1) year promissory note from Jay & Ricky Inc to J K's Market Inc in the amount of $50,000.00. I *If additional space is needed, please use last page. 18. LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED"NOTED IN SUB- 5ECTION517(1) WILL DERIVE: Name Dollar Amount Type of Financing Jai Vaisnodevi & Chirag Inc $50,000.00 promissory note 1 K's Market Inc $50,000.00 promissory note additional space is needed, p ease 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 ense or any other license(s) granted under Chapter 138? Yes [:] NoAa f yes, please describe: (,c,(3 19. PLEDGE: (i.e. COLLATERAL FOR A LOAN) ) Is the applicant seeking approval to pledge the license? ❑ Yes YE] No 1. If yes, to whom: 2. Amount of Loan: 3. Interest Rate: 4. Length of Note: S. Terms of Loan : 8.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes IM No 1. If yes, to whom: 2. Number of Shares: ) Is the applicant pledging the inventory? ❑ Yes XE] No If yes, to whom: PORTANT ATTACHMENTS (7): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of Corporation /LLC approving the pledge. CONSTRUCTION OF PREMISES: Are the premises being remodeled, redecorated or constructed in any way? If YES, please provide a description of the work being performed on the premises: 13 Yes ❑ No Constructing an interior wall comprised of 2x4 lumber and sheetrock approximately 12' high and 48' long to subdivide existing premises. New bathroom fixtures. new entryway door. 21. ANTICIPATED OPENING DATE: April 1, 2013 IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE Ga) q APPLICANT'S STATEMENT I, Kalpesh Patel the ❑sole proprietor;❑ partner;19 corporate principal; ❑ LLC /LLP member of 12 Benjamin Lane, Reading, MA 01867 , hereby submit this application for lRetail Package Goods Store Ucense I (hereinafter the "Application "), to the local licensing authority (the "LLA ") and the Alcoholic Beverages 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. 1- further submit the following to be true and accurate: (1) 1 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) 1 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) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 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) 1 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) 1 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) 1 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) 1 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: January 10, 2013 Title: President/Treasurer /Secretary/Director The Commonwealth of Massachusetts William Francis Calvin - Domestic Profit Corporation Filings s The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108 -1512 Telephone: (617) 727 -9640 Page 1 of 3 Minimum Fee: $250.00 Articles of Organization (General Laws, Chapter 156D, Section 2.02; 950 CMR 113.16) Federal Employer Identification Number: (must be 9 digits) ARTICLE I The exact name of the corporation is: JAY & RICKY WC ARTICLE II Unless the articles of organization otherwise provide, all corporations formed pursuant to G.L. C1 56D have the purpose of engaging in any lawful business. Please specify if you want a more limited purpose: ARTICLE III State the total number of shares and par value, if any, of each class of stock that the corporation is authorized to issue. All corporations must authorize stock. If only one class or series is authorized, it is not necessary to specify any particular designation. Par Value Per Share Total Authorized by Articles Total Issued Class of Stock �s of Organization or Amendments The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108 -1512 Telephone: (617) 727 -9640 Page 1 of 3 Minimum Fee: $250.00 Articles of Organization (General Laws, Chapter 156D, Section 2.02; 950 CMR 113.16) Federal Employer Identification Number: (must be 9 digits) ARTICLE I The exact name of the corporation is: JAY & RICKY WC ARTICLE II Unless the articles of organization otherwise provide, all corporations formed pursuant to G.L. C1 56D have the purpose of engaging in any lawful business. Please specify if you want a more limited purpose: ARTICLE III State the total number of shares and par value, if any, of each class of stock that the corporation is authorized to issue. All corporations must authorize stock. If only one class or series is authorized, it is not necessary to specify any particular designation. G.L. C1 56D eliminates the concept of par value, however a corporation may specify par value in Article III. See G.L. C156D Section 6.21 and the comments thereto. ARTICLE IV If more than one class of stock is authorized, state a distinguishing designation for each class. Prior to the issuance of any shares of a class, if shares of another class are outstanding, the Business Entity must provide a description of the preferences, voting powers, qualifications, and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. ARTICLE V The restrictions, if any, imposed by the Articles of Organization upon the transfer of shares of stock of any class are: https: / /corp. sec. state. ma. us / corp/ FilingForms /0200013.asp ?stage=Confirm 11/07/12 Par Value Per Share Total Authorized by Articles Total Issued Class of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Num of Shares Total Par Value Num of Shares CNP $0.00000 1,000 1 $0.00 0 G.L. C1 56D eliminates the concept of par value, however a corporation may specify par value in Article III. See G.L. C156D Section 6.21 and the comments thereto. ARTICLE IV If more than one class of stock is authorized, state a distinguishing designation for each class. Prior to the issuance of any shares of a class, if shares of another class are outstanding, the Business Entity must provide a description of the preferences, voting powers, qualifications, and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. ARTICLE V The restrictions, if any, imposed by the Articles of Organization upon the transfer of shares of stock of any class are: https: / /corp. sec. state. ma. us / corp/ FilingForms /0200013.asp ?stage=Confirm 11/07/12 The Commonwealth of Massachusetts William Francis Galvin - Domestic Profit Corporation Filings ARTICLE VI Other lawful provisions, and if there are no provisions, this article may be left blank. Note: The preceding six (6) articles are considered to be permanent and may be changed only by filing appropriate articles of amendment. ARTICLE VII Page 2 of 3 The effective date of organization and time the articles were received for filing if the articles are not rejected within the time prescribed by law. If a later effective date is desired, specify such date, which may not be later than the 90th day after the articles are received for filing. Later Effective Date: Time: ARTICLE VIII The information contained in Article VIII is not a permanent part of the Articles of Organization. a,b. The street address of the initial registered office of the corporation in the commonwealth and the name of the initial registered agent at the registered office: Name: KALPESH PATEL No. and Street: 12 BENJAMIN LANE City or Town: READING State: MA Zip: 01867 Country: USA c. The names and street addresses of the individuals who will serve as the initial directors, president, treasurer and secretary of the corporation (an address need not be specified if the business address of the officer or director is the same as the principal office location): Title Individual Name Address (no Po Box) First, Middle, Last, Suffix Address, City or Town, State, Zip Code President KALPESH PATEL 12 BENJAMIN LANE READING, MA 01867 USA Treasurer KALPESH PATEL 12 BENJAMIN LANE READING, MA 01867 USA Secretary KALPESH PATEL 12 BENJAMIN LANE READING, MA 01867 USA Director KALPESH PATEL 12 BENJAMIN LANE READING, MA 01867 USA d. The fiscal year end (i.e., tax year) of the corporation: December e. A brief description of the type of business in which the corporation intends to engage: RETAIL WINE AND LIQUOR SALE https: / /corp. sec. state. ma. us/ corp/ FilingForms /0200013.asp ?stage=Confirm 60-"t1 11/07/12 The Commonwealth of Massachusetts William Francis Galvin - Domestic Profit Corporation Filings Page 3 of 3 MA Zip: 01867 Country: USA in required to be kept in the Commonwealth are located (post 4E State: MA Zip: 01867 Country: USA an office of its transfer agent its registered office r phone number.) State: MA Zip: 01867 Country: USA ited response from the Corporations Division. tacted. If no email address Is provided, correspondence from 'M by the incorporator(s). (If an existing corporation is business entity, the state or other jurisdiction where it was !alf of said business entity and the title he /she holds or other Accept https: / /corp. sec. state. ma. us/ corp/ FilingForms /0200013.asp?stage=Confirm 11/07/12 w YY Y F Oosto , Aras &ac (,se &s, 02133 �4 �A William Francis Galvin Secretary of the Commonwealth To Whom It May Concern: I hereby certify that, Date: January 08, 2013 JAY & RICKY INC appears by the records of this office to have been incorporated under the General Laws of this Commonwealth on November 07, 2012. I also certify that so far as appears of record here, said corporation still has legal existence. In testimony of which, I have hereunto affixed the Ok Great Seal of the Commonwealth on the date first above written. Certificate Number: 13010526510 Secretary of the Commonwealth Verify this Certificate at: http: / /corp. sec. state. ma.us /CorpWeb /CertificatesNerify.aspx Processed by: tad r � l q G 97w, Oommwwwalm, A M• �., ,•`fi• JAat1 J&ese, Oostgw, ,,Ocssackz&e&s., 02133 Vr ,A William Francis Galvin Secretary of the Commonwealth To Whom It May Concern: Date: January 08, 2013 I hereby certify that according to the records of this office, JAY & RICKY INC is a domestic corporation organized on November 07, 2012 , under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend- ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution; that articles of dissolution have not been filed by said corporation; that, said cor- poration has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. -000- In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth , M on the date first above written. Certificate Number: 13010526680 Secretary of the Commonwealth Verify this Certificate at: http: / /corp. sec. state. ma .us /CorpWeb /CertificatesNerify.aspx Processed by: tad �6L;O LEASE THIS LEASE made and entered into this day of April, 2013 between J K Realty Trust (hereinafter called "Landlord ") and JAY & RICKY, INC (hereinafter called "Tenant "). The Landlord, which expression shall include successors, executors, administrators and assigns where the context so admits, for and in consideration of the covenants and agreements hereinafter set forth to be kept and performed by both parties, does hereby demise and Lease to Tenant, a portion of the premises described as 212 Main Street, Reading, Massachusetts, containing approximately 1,284.96 square feet (the "Demised Premises "). Landlord hereby Leases the Demised Premises to Tenant, and hereby grants to Tenants, its guests, invitees and licenses all easements, rights, privileges appurtenant thereto. ARTICLE 1 TERM OF LEASE; RENT A. The term (the "Term ") shall be 5years beginning on April, , 2013. B. The Demised Premises shall be used and occupied for the purpose of an all alcoholic liquor store. C. The Base Annual Rent shall be $12,000.00. Annual Payments are to be made directly to Landlord in monthly installments of $1,000.00 shall begin to accrue on April , 2013 (Rent Commencement Date). The Tenant does hereby covenant and agree to pay Landlord, for the use and occupancy of the Demised Premises, at the time and in the manner herein provided. ARTICLE 2 A. In addition to the Base Annual Rent provided for in Article 2 hereof, Tenant agrees to pay: ELECTRIC: Tenant agrees to pay 100% of the Electricity billed for its usage. WATER AND SEWER: Tenant agrees to pay 100% billed for its usage. REAL ESTATE TAXES: Real estate taxes are included in base rent. v� ARTICLE 3 SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT A. Upon written request of Landlord, or any mortgagee or beneficiary of Landlord, Tenant will, in writing, subordinate its right hereunder to the lien of any mortgage or deed of trust, now or hereafter in force against the land and building of which the Demised Premises are a part, and upon any building hereafter placed upon the land of which the Demised Premises are a part of and to all advances made or hereafter to be made upon the security thereof, providing, however, the mortgagee or trustee named in said mortgage or trust deed, shall agree in writing at the same time Tenant subordinates its' rights, that the Tenant's peaceable possession of the Demised Premises or its rights under this Lease will not be disturbed on account thereof. B. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deeds of trust, upon any such foreclosure or sale Tenant agrees to recognize such beneficiary or purchaser as the Landlord under this Lease, provided Tenant's rights under this Lease continued unabated. ARTICLE 4 REPAIRS AND MAINTENANCE Landlord agrees to keep in good order, condition and repair the foundations, exterior walls and structural portions of the Demised Premises unless such condition or repair is caused by the neglect, construction, alteration, or other actions of the Tenant or Third Parties acting as Tenant's Agents or Affiliated with Tenant. The Landlord shall not be responsible for any damage to personal property of the Tenant or Tenants affiliates including but not limited to inventory, equipment, office or business furniture caused by increased water levels, water seepage or water infiltration in the basement. ARTICLE 5 The Tenant shall comply at its own expense with all lawful requirements of governmental authorities so far as same relate to the particular manner of use of the Demised Premises during the term of this Lease and the Tenant shall obtain, at its own expense, any and all licenses and permits required by such particular manner of use. Under no circumstances shall the Tenant dispose of any toxic or hazardous waste materials, as defined by Federal, State and local laws, directives and regulations, on the Site and/or in the sewer system. The Tenant shall indemnify and hold harmless, including Attorney's fees, the Landlord from all civil or criminal action(s) arising out of Tenant's handling and disposition of hazardous materials or wastes as defined by any Federal, Massachusetts or local laws, directives and relations beyond the amount (if any) permitted by such statutes only to the extent of Tenant's proportionate share of such materials and waste and to the extent that such materials and waste is identified as Tenant's both during and after this Lease term. Zv 6 G' ARTICLE 6 ALTERATIONS Tenant shall not make any interior or structural alterations in any portion of the Demised Premises, nor any alterations to the exterior of the Demised Premises without, in each instance, first obtaining the written consent of Landlord, which shall not be unreasonably withheld nor delayed. All alterations, additions, improvements, and Tenant's work provided for herein shall, except as otherwise provided herein, become, upon termination of this Lease, the property of Landlord, subject to the terms of this Lease. ARTICLE 7 PERSONAL PROPERTY Any inventory, trademarked items, signs, decorative soffit, counters, shelving, showcases, mirrors and other removable personal property installed in or on the Demised Premises by Tenant, at its expense, shall remain the property of the Tenant. Landlord agrees that the Tenant shall have the right, at any time or from time to time, to remove any and all such items. Tenant at its expense shall immediately repair any damage occasioned by the removal of property, and upon expiration or earlier termination of this Lease shall leave the demised Premises in a neat and clean condition, free of debris, normal wear and tear excepted. Tenant shall pay before delinquency all taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operation in the Demised Premises, as well as upon its trade fixtures, merchandise and other personal property in or upon the Demised Premises. ARTICLE 8 SIGNAGE It is expressly understood and agreed that as a inducement for Tenant to enter into this Lease that Tenant shall have the right to install Tenant's standard sign package, after obtaining written consent of Landlord and providing same is in compliance with applicable governmental regulations and ordinances. 3 ARTICLE 9 LAWS AND ORDINANCES A. Tenant and Landlord agree to comply with all laws, ordinances, orders and regulations affecting the use and occupancy of the Demised Premises and the cleanliness, safety or operation thereof. Tenant agrees to comply with the reasonable regulations and requirements of any insurance underwriter, inspection bureau or any similar agency with respect to that portion of the Demised Premises occupied and/or installed by tenant. B. Tenant agrees not to (i) permit any illegal practice to be carried on or committed on the. Demised Premises; (ii) make use of or allow the Demised Premises to be used for any purpose that might invalidate or increase the rate of insurance therefore; (iii) keep or use or permit to be kept or used on the Demised Premises any gas cylinders or explosives without the prior written permission of Landlord except for normal cleaning products; (iv) use the Demised Premises for any purpose whatsoever which might create a nuisance; (v) deface or injure the building of the Demised Premises; (vi) overload the floor; (vii) commit or suffer any waste; (viii) install any electrical equipment that overloads lines. C. In connection with the installation of any electrical equipment Tenant shall, at Tenant's own expense, make from time to time whatever changes are necessary to comply with the requirements of the insurance inspectors, underwriters, government authorities and codes. ARTICLE 10 A. Tenant shall be solely responsible for, and promptly pay all charges for gas, electricity and all other utility services used in the Premises. B. Landlord shall not be liable to tenant in damages or otherwise if the said utilities or services are interrupted or terminated because of necessary repairs, installations or improvements, or any cause beyond the Landlord's reasonable control, nor shall any such interruption, provided same is completed without delay, or termination relieve Tenant of the performance of any of its obligations hereunder. C. Tenant shall not install any equipment which can exceed the capacity of any utility facilities and if any equipment installed by Tenant requires any additional utility facilities the same shall be installed at Tenant's expense in compliance with all code requirements and plans and specifications which must be approved in writing by Landlord. tQ 4 �2�, ARTICLE 11 DAMAGE TO PREMISES In the event the Demised Premises is hereafter damaged or destroyed or rendered partially untenantable for their accustomed use, by fire or other casualty insured or which should have been insured under the coverage which Tenant is obligated to carry pursuant to Article 12 (A) hereof, then Tenant shall use reasonable efforts to: (i) within fourteen (14) days after such casualty commence repair of said Premises and (ii) within one hundred twenty (120) days after commencement of such repair restore the same to substantially the condition in which it was immediately prior to the occurrence of the casualty, and provided that Tenant shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered as a result of such damage or which would have been recovered had Tenant maintained the insurance Tenant was required to maintain hereunder. ARTICLE 12 INSURANCE A. Tenant agrees to carry, or cause to be carried, during the term hereof, Commercial general Liability Insurance, naming Landlord as an additional insured, providing coverage to be agreed upon between the Landlord and Tenant. B. Tenant agrees to carry Commercial General Liability insurance on the Demised Premises during the term hereof covering both Tenant and Landlord as their interest may appear, with companies reasonably satisfactory to Landlord, and giving Landlord and Tenant a minimum of ten (10) days written notice by the insurance company prior to cancellation, termination or change in such insurance. ARTICLE 13 IDEMNIFICATION A. Tenant hereby indemnifies and holds Landlord harmless from and against any and all claims, demands, liabilities, and expenses, including attorney's fees, arising from Tenant's use of the Demised Premises or from any act permitted, or any omission to act, in or about the Demised Premises by Tenant or its agents, employees, or contractors, or from any breach or default by Tenant of this Lease, except to the extent caused by Landlord's negligence or willful misconduct or the negligence or willful misconduct of third parties acting as agents or affiliated with Landlord. In the event any action or proceeding shall be brought against Landlord by reason of 7.J any such claim, Tenant shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. ARTICLE 14 ASSIGNMENT, SUBLETTING AND OWNERSHIP A. The consent by Landlord to a transfer, assignment or subletting, of the Demised Premises shall not be unreasonably withheld, conditioned or delayed, providing that the Tenant shall remain liable under the terms and conditions of this Lease; and providing that the entity to which such transfer, assignment or subletting is made or granted, shall be experienced in the business which it intends to pursue. Landlord's consent or disapproval shall be made within thirty (30) days after such request for the consent shall be deemed given. ARTICLE 15 ACCESS TO PREMISES Upon reasonable prior notice, but in no event less than twenty -four (24) hours, (except in the case of an emergency), Landlord may enter the Demised Premises during Tenant's business hours for purposes of inspection, to show the Demised Premises to prospective purchaser and lenders. ARTICLE 16 DEFAULTS BY TENANT A. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (i) Any failure by Tenant to pay the rent or make any other payment required to be made by Tenant hereunder within ten (10) days after receipt of written notice from the Landlord (ii) A failure by Tenant to observe and perform any other material provisions of this Lease to be observed or performed by the Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Tenant proceeds to diligently cure the default.+ (iii) The making by Tenant of any general assignment for the benefit of creditors, the filing by or against tenant of a petition to have tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy 6 ba,2� (unless, in the case of a petition filed against tenant, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession that is not restored to Tenant within thirty (30) days, or the attachment, execution or other judicial seizure that is not discharged within thirty (3 0) days. B. In the event of any such default by Tenant, the Landlord shall be entitled to all remedies at law or in equity, except that if the Tenant shall continue to pay Landlord on a monthly basis all rents and charges due hereunder until the Demised Premises are released by the Landlord, then a final assessment of damages shall be made against Tenant at the time and Landlord shall not have the right to accelerate the rents and charges due hereunder. In the event of a default as defined herein, Landlord shall take reasonable action to mitigate damage. In the event of a default as defined herein, Tenant may not remove furniture, glasses, cups, inventory, equipment, or other personal property from the Demised Premises, and Landlord shall be entitled to retain said items as damages for said default. C. If Landlord obtains possession of the Demised Premises as a result of the Tenant's abandonment of same or by a decree from a court of competent jurisdiction, this shall not be construed as an election to terminate this Lease unless Landlord provides Tenant with a written notice of this election, or leases the Demised Premises to another Tenant at the same or greater rent. ARTICLE 17 DEFAULTS BY LANDLORD If Landlord should be in default in the performance of any of its obligations under this Lease, which default continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such default, Tenant may, in addition to any other remedy available at law or in equity, at its option, upon written notice, terminate this Lease, or may incur any expense necessary to perform the obligation of Landlord specified in such notice and deduct such expense from the rents or other charges next becoming due. ARTICLE 18 SURRENDER OF DEMISED PREMISES Subject to Tenant's Rights under Article 8, Tenant shall, upon expiration of the Term granted herein, or any earlier termination of this Lease for any cause, surrender to Landlord the Demised Premises, including, without limitation, all building apparatus and equipment then upon the Demised Premises, and all alterations, improvements and other additions which may be made or installed by either party to , in, upon or about the Demised Premises, without any damage, injury of disturbance thereto, or payment therefor. 7 �2l ARTICLE 19 EMINENT DOMAIN A. (1) In the event of any portion of the Demised Premises shall be appropriated or taken under the power of eminent domain by any public or quasi - public authority, then at the election of the Tenant, this Lease shall terminate and expire as of the date of such taking, and both Landlord and Tenant shall thereupon be released from any liability thereafter accruing hereunder. (2) Notice of any termination relating to such eminent domain proceeding must be made by the party electing to terminate the Lease within sixty (60) days after receipt of written notice of such taking. (3) In the event of such termination, both Landlord and Tenant shall thereupon be released from any liability thereafter accruing hereunder. ARTICLE 20 ATTORNEY'S FEES In the event that, at any time during the term of this Lease, Landlord shall institute and prevail in or settle in Landlords favor any action or proceeding against the Tenant relating to the provisions of this Lease, or any default hereunder, Tenant agrees to reimburse the Landlord for the reasonable expenses of attorneys' fees and paralegal fees and disbursements incurred therein. Such reimbursement shall include all legal expenses incurred prior to trial, at trial and at all levels of appeal and post judgement proceedings. ARTICLE 21 NOTICES Notices and demands required, or permitted, to be sent to those listed hereunder shall be sent certified mail, return receipt requested, postage prepaid, or by Federal Express or other reputable overnight courier service and shall be deemed to have been delivered upon the date the same is postmarked if sent by certified mail or the day deposited with Federal Express or such other reputable overnight courier service, but shall not be deemed received until one (1) business day following deposit with Federal Express or other reputable overnight courier service or three (3) days following deposit in the United States Mail if sent by certified mail to the address shown below, and addressed to : LANDLORD J K's Market Inc 12 Benjamin Lane Reading, MA TENANT Jay & Ricky's Inc 212 Main Street Reading, MA 8 61)f or at other such address requested in writing by either party upon thirty (30) days notice to the other party. ARTICLE 22 REMEDIES All rights and remedies of Landlord and Tenant herein created or otherwise extending at law are cumulative, and the exercise of one or more rights or remedies may be exercised and enforced concurrently or consecutively and whenever and as often as deemed desirable. ARTICLE 23 SUCCESSORS AND ASSIGNS All covenants, promises, conditions, representations, and agreements herein contained shall be binding upon, apply and inure to the parties hereto and their respective heirs, executors, administrators, successors and assigns; it being understood and agreed, however, that the provisions of Article 15 are in no ways impaired by this Article 24. ARTICLE 24 HOLDING OVER If Tenant or any party claiming under tenant remains in possession of the Demised Premises or any part thereof after any termination or expiration of this Lease, Landlord, in Landlord's sole discretion, may treat such holdover as an automatic renewal of this Lease for a month -to -month tenancy subject to all the terms and conditions of this Lease provided herein. ARTICLE 25 INTERPRETATION The parties hereto agree that it is their intention hereby to create only the relationship of Landlord and Tenant, and no provision hereof, or act of either party hereunder, shall ever be construed as creating the relationship of principal and agent, or a partnership, or a joint venture or enterprise between the parties hereto. 9 �a'Z.Q ARTICLE 26 COVENANT OF TITLE AND QUIET ENJOYMENT Landlord covenants that it has full right, power and authority to make this Lease, subject to the rights of mortgagees for which non - disturbance and attornment agreements may have been executed, and that Tenant or any permitted assignee or sublessee of Tenant, upon the payment of the rents and performances of the covenants hereunder, shall and may peaceably and quietly have, hold and enjoy the Demised Premises and improvements thereon during the Term or any renewal or extension thereof. Additionally, Landlord shall take no action that will interfere with Tenant's intended usage of the Demised Premises. ARTICLE 27 ESTOPPEL At any time and from time to time, either party, upon request of the other party, will execute, acknowledge and deliver an instrument, stating, if the same be true, that this Lease is a true and exact copy of the Lease between the parties hereto, that there are no amendments hereof (or stating what amendments there may be), that the same is then in full force and effect and that, to the best of its knowledge, there are no offsets, defense or counterclaims with respect to the payment of rent reserved hereunder or in the performance of the other terms, covenants and conditions hereof on the part of Tenant or Landlord, as the case may be, to be performed , and that as such date no default has been declared hereunder by either party or, if not, specify the same. Such instrument, if the statements made therein are true, will be executed by other party and delivered to the requesting party with in fifteen (15) days of receipt, or else the statement in the proposed estoppel request shall be deemed to be correct. ARTICLE 28 RECORDING Tenant shall not record this Lease. ARTICLE 29 CONSENT Wherever in this Lease Landlord or tenant is required to give its consent or approval, such consent or approval shall not be unreasonably withheld conditioned, or delayed. Except as otherwise provided in this Lease, if no written response to a consent or request for approval is provided within ten (10) days from the receipt of the request, then the consent shall be presumed to have been given. 10 ARTICLE 30 TITLE REVIEW Landlord warrants and represents that there are not title matters which would prohibit or restrict Tenant's use of the Demised Premises for a restaurant and in the event of any breach of said warranty Tenant may forthwith terminate this Lease. ARTICLE 31 SEVERABILITY Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof and such other provisions shall remain in full force and effect. ARTICLE 32 GOVERNING LAW AND VENUE This Lease shall be governed by the laws of the state in which the property is located. ARTICLE 33 WAIVER A waiver of any breach of this agreement or of any of the terms or conditions hereof shall not be deemed a waiver of any repetition of such breach or in any way affect any other term or condition hereof. No waiver shall be valid or binding unless the same shall be in writing and signed by the party so waiving. ARTICLE 34 ENTIRE AGREEMENT This Lease contains all of the agreements of the parties hereto with respect to matters covered or mentioned in this Lease and no prior agreement, letters, representations, warranties, promises, or understandings pertaining to any such maters shall be effective for any such purpose. The Lease may be amended or added to only by an agreement in writing signed by the parties hereto or their respective successors in interest. 11 L4,3 t ARTICLE 35 BROKERAGE Each of Landlord and Tenant warrant and represent to the other that it has had no dealings with any broker or agent in connection with this lease and covenants to defend, hold harmless and indemnify the other from and against any and all costs, expense or liability, any compensation, commissions and charges claimed by any broker or agent. IN WITNESS WHEREOF, the parties hereto have executed this Lease on this day of April, 2013 LANDLORD: J K Realty Trust By: Kalpesh Patel Trustee 12 TENANT: Jay & Ricky's, Inc. By: Kalpesh Patel President/Treasurer �Ct,3v The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.massgov/abcc 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. 1. LICENSEE INFORMATION: Legal Name of Licensee: Jay & Ricky, Inc Business Name (dba): Address: 12 Benjamin Lane City/Town: Reading State: MA Zip Code: 01867 ABCC License Number: 101600017 Phone Number of Premise: 781 -942 -0943 (If existing licensee) 2. MANAGER INFORMATION: A. Name: Kalpesh Patel B. Cell Phone Number: C. List the number of hours per week you will spend on the licensed premises: 50 -60 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Yes )M No M B. Date of Naturalization: 12 -20 -1991 C. Court of Naturalization: US Court Boston (Submit proof of citizenship and /or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) BACKGROUND INFORMATION: A. 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)M If yes, please describe: B. 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: C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No U If yes, please describe: D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): J K's Market, 212 Main Street, Reading, MA 01867. 100% owner since 1995 (17 years). Convenience Store. 781 - 942 -0943 I hereby swear under the pains and penalties of perj ry that the information I have provided in this application is true and accurate: Signature Date January 10, 2013 6a3, -i The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.massgov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. LICENSEE INFORMATION: A. Legal Name of Licensee Jay & Ricky, Inc. C. Address 12 Benjamin Lane E. City/Town Reading F. Phone Number of Premise 2. PERSONAL INFORMATION: B. Business Name (dba) D. ABCC License Number 101600017 (If existing licensee) State MA Zip Code 01867 G. EIN of License A. Individual Name Kalpesh Patel B. Home Phone Number 781- 944 -0688 1 C. Address 112 Benjamin Lane D. City/Town Reading State MA Zip Code 01867 E. Social Security Number F. Date of Birth G. Place of Employment J K's Market 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No :0 If yes, as part of the application process, the Individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charges occurred as well as the disposition of the convictions FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. 100 percent owner IMDnRTANT ATTAr'MMFNTS (R1- Fnr all rash cnntrihutions. attach last (31 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 pains and penalties of perjury that the information 1 have provided in this application is true and accurate: Signature Date January 10, 2013 Title PresidenvTreasu rer/Secretary/Di rector (If Corporation /LLC Representative) �,3'� >L a 21 EXISTING FIRST FLOOR PLAN E Ecim PANEL 6mM EXISTING BUILDING IN HELVE X1 MARKET LIOIIOII STORE TOES SPA '""My A22A E HELVE i HELVE 6 EXISTING FIRST FLOOR PLAN E Ecim PANEL EXISTING FLOOR PLAN ( JK'S MARKET CONVENIENCE STORE ) K.U.ASSOCIATES LLC NdMT3 wTdgl14L011f1!! RowsRUiwoawr/. aN �Rwq wawa w.RwR�a PROPOSED RENOVATIONS TO EXISTING STORE AT 212 MAIN ST. READING. MA KEY mron EXISTING FIRST FLOOR PLAN N PROPOSED FLOOR PLAN LEGEND © EXISTING TO REMAIN JK R — A 1 NEW CONSTRUCTION -- s- 6mM I IN HELVE l HELVE i HELVE 6 z it L� af STORE HELVE 2332.87 SQ.FT. A 5 6 8 zv -m WALKWAY EXISTING FLOOR PLAN ( JK'S MARKET CONVENIENCE STORE ) K.U.ASSOCIATES LLC NdMT3 wTdgl14L011f1!! RowsRUiwoawr/. aN �Rwq wawa w.RwR�a PROPOSED RENOVATIONS TO EXISTING STORE AT 212 MAIN ST. READING. MA KEY mron EXISTING FIRST FLOOR PLAN N PROPOSED FLOOR PLAN LEGEND © EXISTING TO REMAIN JK R — A 1 NEW CONSTRUCTION -- s- DRAF 1' 2013 Annual Town Meeting Monday April 22, 2013 WARRANT OUTLINE REVISED 02/21/2013 Art. Mover/ Moderator # Article Description Sponsor Comment Notes G� l DRAF 1' 2013 Annual Town Meeting Monday April 22, 2013 WARRANT OUTLINE REVISED 02/21/2013 Accept Easement for on- street parking Board of Selectmen • — Pierce Street Accept Drainage Easement — Victoria Board of Selectmen • Avenue Authorize — land Causeway Board of Selectmen + This is tax title land sale —e€- Read that the Board of Selectmen has authority to dispose of without Town Meeting approval Aeeept Board of Seleetmen We cannot have stfeets and Assess beaefinefits Roma— these ready for the Pend View five, Gefey Annual Town Meeting but will be able to do them in the fall. Adjust property boundaries — Birch Board of Selectmen • Meadow and School Committee Approve Affordable Housing Trust Board of Selectmen Fund Allocation Plan Amend Reading General Bylaw Board of Health • section 1.8 to make Board of Health regulations and Rubbish Bylaw subject to 1.8 — non criminal dis osition Amend Reading General Bylaw Board of Selectmen section 8.8 - Animal Control Bylaw Approve revised Zoning Map JCPDC • Amend Reading General Bylaw Board of Selectmen Section 5.4 - Fingerprint Based Criminal History checks for individuals applying for various municipally-issued licenses 2/21/2013 � c;z--) DRAFT 2013 Annual 'Town Meeting Monday April 22, 2013 WARRANT OUTLINE REVISED 02/21/2013 2/21/2013 (, C3 w of o �OM W or ll z lo_ FN u v'o N NENNfM C� RMgL Z» -rJ JRRrNG�T![,q Nip.S�'00 "E lo G se `cm e+ L_ —__ 49 22:_- - -____ g� Ro T00 PROP. ROADWAY EASEMENT (358 S.F.t) TO BENEFIT TOWN OF READING n 508'42'40 "W 131.64' 504.21'30 "W 0.36 AREA 71 S.F.t PIERCE (33' MDE - PUBLIC) STREET S09.14'04'W 1.64' P'S5A v �Aq Fqe R£GSTRY Df PEfDS UA CHLY I CERTIFY MAj'Ml IS PLAN HAS BEEN PREPARED IN CONFORMITY W RULES D REGULATIONS OF ME REGISTERS OF M ONMONWEAL M OF MASSACHUSETTS M 3-12 JOHN I .E DATE' ZONING INFORMATION: ZONING DISTRICT: S -15 ASSESSOR INFORMATION MAP 22 LOT 273 OWNER INFORMATION: ANNE MARIE B ASSOC, LLC 89 NORTH MAIN STREET ANDOVER, MA 01810 DEED REFERENCE BOOK: 58664 PAGE: 60 ZBA DECISION: CASE NO 11 -01 RECORDED IN BOOK 57354 PAGE 509 I HEREBY CERTIFY MAT ME PROPERTY LINES SHOWN ON THIS PLAN ARE ME LINES DIVIDING EXISTNG OWNERSHIPS, AND THE LINES OF ME STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR ME DIVI SION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. SCOTT L. GILES. PLS GRAPHIC SCALE FEET o ' ID LOCATED IN READING, MASSACHUSETTS (MIDDLESEX COUNTY — SOUTHERN DISTRICT) PREPARED FOR ANNE MARIE B ASSOC, LIE SCALE: I'= 10' DATE: OCTOBER 3, 2012 PREPARED BY SULLIVAN ENGINEERING GROUP, LW u Ja v—IN eoxroRD, rA MAD SHEET N. I OF E/ i r ^ • q l�� COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on , 2013 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to April 2, 2013, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on , 2013. A true copy Attest: Laura Gemme, Town Clerk 1 Alan Ulrich, Constable its (SEAL) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, April 22, 2013, at seven -thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter ARTICLE 1 To elect by ballot the following Town Officers: A Moderator for one year; Two members of the Board of Selectmen for three years; One member of the Board of Assessors for three years; Two members of the Board of Library Trustees for three years; Two members of the Municipal Light Board for three years; One member of the Municipal Light Board for two years; Two members of the School Committee for three years; and Town Meeting Members shall be elected to represent each of the following precincts: Precinct 1 Eight members for three years; Precinct 2 Eight members for three years; Precinct 3 Eight members for three years; Precinct 4 Eight members for three years; Precinct 5 Eight members for three years; Precinct 6 Eight members for three years; Precinct 7 Eight members for three years; Precinct 8 Eight members for three years; To vote on the following questions: Question 1: Shall the Town of Reading be allowed to exempt from the provisions of proposition two and one -half, so called, the amounts required to pay for the bonds issued in order to renovate and expand the Reading Public Library? Yes _ No and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY- SECOND DAY OF APRIL A.D., 2013 at seven -thirty o'clock in the evening, at which time and place the following Articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. / 6 ARTICLE 2 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Official, Board or Special Committee. Board of Selectmen ARTICLE 3 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the FY 2013 - FY 2022 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to transfer funds into the Sick Leave Stabilization Fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend one or more of the votes taken under Article 13 of the Warrant of the Annual Town Meeting of April 23, 2012 as amended under Article 4 of the Warrant of the Subsequent Town Meeting of November 13, 2012 and under Article 4 of the January 28, 2013 Special Town Meeting; and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to authorize the payment during Fiscal Year 2013 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen 3 i0 G 7 ARTICLE 8 Program as provided respect thereto. To see if the Town will vote to approve the FY 2014 — FY 2023 Capital Improvements for in Section 7 -7 of the Reading Home Rule Charter, or take any other action with Board of Selectmen ARTICLE 9 To see if the Town will vote to authorize revolving funds for certain Town Departments under Massachusetts General Laws, Chapter 44, Section 53E'/2 for the fiscal year beginning July 1, 2013 with the receipts, as specified, credited to each fund, the purposes, as listed, for which each fund may be spent, the maximum amount that may be spent from each fund for the fiscal year, and the disposition of the balance of each fund at fiscal year end. Revolving Spending Revenue Allowed Expenditure Limits Year End Account Authority Source Expenses Balance Fees as provided or in Reading Consulting and engineering Conservation General Bylaws services for the review of $25,000 Commission Section 5.7, designs and engineering Available for Consulting Conservation Wetlands work for the protection of expenditure Fees Commission Protection wetlands. next year Legal, oversight and inspection, plan review, Building, Plumbing, initial property appraisals Wiring, Gas and and appeals, Community other permits for Services general $200,000 the Oaktree, management, curb Addison-Wesley/ sidewalks and pedestrian Inspection Pearson and safety improvements, Available for Revolving Town Johnson Woods records archiving and other expenditure Fund Manager developments project related costs. next year Vaccines, materials for screening clinics and clinical supply costs, medical $25,000 Public Health Clinic Fees and equipment and supplies, Available for Clinics and Board of third party immunizations, educational expenditure Services Health reimbursements materials next year Library Library Charges for lost or Acquire Library materials to Available for Materials Director and damaged Library replace lost or damaged $15,000 expenditure Replacement Trustees materials items next year Utilities and all other Available for Mattera Cabin Recreation maintenance and operating $10,000 expenditure Operating dministrator Rental Fees ex enses next year Director of Public Works upon the recommendati on of the Sale of timber; fees Available for Town Forest for use of the Town Planning and Improvements $10,000 expenditure Town Forest Committee Forest to the Town Forest next year or take any other action with respect thereto. 4 MR** Board of Selectmen ARTICLE 10 To see if the Town will vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, various items of Town tangible property, or take any other action with respect thereto. Board of Selectmen ARTICLE 11 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the operation of the Town and its government for Fiscal Year 2014 - beginning July 1, 2013, or take any other action with respect thereto. Finance Committee ARTICLE 12 To see what sum the Town will appropriate to the irrevocable trust for "Other Post Employment Benefits Liabilities" or take any action with respect thereto. Board of Selectmen ARTICLE 13 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making extraordinary repairs and /or replacement of sanitary sewer collection systems on all or portions of Howard Street, Lewis Street, and Charles Street, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said sanitary sewer improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto Board of Selectmen ARTICLE 15 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making extraordinary repairs and /or replacement of water distribution mains on the following streets or portions of the following streets: Main Street, Mill Street, Locust Street, Bear Hill Road, Linden Street, Minot Street, Summer Avenue, Libby Avenue, cross - country from Belmont Street to Libby Avenue, Chute Street, Haven Street, Sanborn Street, High Street and Washington Street; including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, , to be used to defray the cost of all, or any part of, said water distribution system improvements; and to authorize the Town Manager to 5 (r,G I enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto Board of Selectmen ARTICLE 16 To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of permanent roadway easement in Reading, Middlesex County, MA located on Lot 273 of Map 22 which easement is shown on a plan entitled: "Easement Plan of Land located in Reading, MA. prepared for Anne Marie & Associates LLC. ", prepared by Sullivan Engineering Group, LLC and dated October 3, 2012 ; upon such terms and conditions as the Board of Selectmen shall consider proper; or take any other action with respect thereto. Board of Selectmen ARTICLE 17 To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of permanent drainage easements in Reading, Middlesex County, MA located on Lot 177 of Map 11 which easement is shown on a plan entitled: "Drainage Easement located at 44 Victoria Avenue, Reading, MA" dated February 25, 2013, prepared by Bay State Surveying Associates; upon such terms and conditions as the Board of Selectmen shall consider proper; or take any other action with respect thereto. Board of Selectmen ARTICLE 18 To see if the Town will vote to approve the adjustments in School, Town, and Town parkland property boundaries in the Birch Meadow Area as recommended by the Board of Selectman and School Committee as shown on a plan entitled: "Plan of Town Owned Property located at Birch Meadow Drive ", in Reading, MA" dated March 4, 2013, prepared by Bay State Surveying Associates; or take any other action with respect thereto. Board of Selectmen and School Committee ARTICLE 19 To see if the Town will vote to approve an Affordable Housing Trust Fund Allocation Plan pursuant to Chapter 140 of the Acts of 2001 entitled "AN ACT AUTHORIZING THE TOWN OF READING TO ESTABLISH AN AFFORDABLE HOUSING TRUST FUND ", or take any other action with respect thereto. Board of Selectmen ARTICLE 20 To see if the Town will vote to amend Section 1.8 of the General Bylaw by adding to the chart the following lines: Following Section 8.10: Bylaw Bylaw Title Enforcing Penalty — Penalty — Penalty — Section Person First Second Additional Offense Offense Offences 8.11 Trash Collection Board of Health $100 $100 $100 and Public Health Administrator At the end of the chart: Bylaw Bylaw Title Enforcing Penalty — Penalty — Penalty — Section Person First Second Additional Offense Offense Offences Board of Health Board of Health $100 $100 $100 Regulations and Public Health Administrator Or take any other action with respect thereto. Board of Health ARTICLE 21 To see if the Town will vote to rescind section 8.8 of the Reading General Bylaw and substitute therefore the following: 8.8 Animal Control Pursuant to the authority set forth in M.G.L. Chapter 140, Section 147A, the following bylaw is enacted for the regulation of dogs in the Town of Reading. 8.8.1 Definitions As used in this bylaw, the following words and terms have the following meanings: 8.8.1.1 Animal Control Officer (ACO) A person designated by the Town Manager. 8.8.1.2 Banoshmen AR eFdeF by the ARimal Control Appeals Committee (AGAG-) that a ViGigus dog may no lengeF Feside oF thp Town of Readk�q—. Deleted by Senate Bill 2192 8.8.1.2 Visieus Dangerous Dog A dog that, WithOUt pF0YGGat*0R, biters, a huFnaR be*Rg 9F kills 9F maims a demestiG animal without pFevesatiea- A dog that either; (a) without justification, attacks a person or domestic animal causing physical injury or death; or (b) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal. 8.8.1.3 Effective Voice Control To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash and the animal must refrain from illegal activities. 8.8.1.4 DestrustiGn Euthanize An order by the Animal Control Appeals Committee (ACAC) that a visieus dangerous dog be destFeyed euthanized in accordance with M.G.L. Chapter 140, and the American Veterinary Medical Association Guidelines on Euthanasia 8.8.1.5 Keeper Any person having charge of an animal within the Town of Reading, including but not limited to the animal's owner, dog walkers, dog sitters, members of the animal owner's household or family. 8.8.1.6 Kennel Four or more dogs, six months of age or older, kept on a single property, whether for breeding, boarding, sale, training, hunting, companionship or any other purpose. Includes commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel. 8.8.1.7 Kennel License A special license issued to a kennel, which allows payment of a single fee covering all dogs in the kennel; with the kennel license, the kennel owner receives a special kennel tag for each dog in the kennel. 8.8.1.8 License 7 UI1 A dog's registration, evidenced by a tag issued annually by the Town Clerk to the owner of each dog residing in Reading and worn by the dog securely fixed to its collar or harness. 8.8.1.9 License Transfer The registration issued to a dog already licensed in another U.S. jurisdiction, after the dog moves into the Town of Reading. 8.8.1.10 License Period An annual period, from January 1 through December 31. 8.8.1.11 Muzzling Using a device that fits over a dog's mouth and prevents it from biting, but that does not cause any injury or interfere with the vision or respiration of the dog that wears it. 8.8.1.12 Nuisance Animal Dog An animal that repeatedly violates Section 8.8.3 of this bylaw. 8.8.1.13 Permanent Restraint An order issued by the Animal Control Appeals Committee under Section 8.8.5.3, requiring a visieas dangerous dog's keeper to restrain it. 8.8.1.14 Restraint Limiting, restricting, or keeping an animal under control by means of a physical barrier (e.g., a leash, substantial chain or line, visible or invisible fence). 8.8.1.15 Running at Large A dog is running at large if it is not on the private property of its keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e., within the keeper's sight and the keeper is carrying a leash). 8.8.1.16 Temporary Restraint An order issued by the ACO under Section 8.8.3.2, requiring the dog's keeper to restrain a nuisance dog or suspected visieus dangerous dog for thirty (30) days. An invisible fence will not be considered a temporary restraint for a suspected dangerous dog. 8.8.1.17 Other Meanings Any word or term defined in M.G.L. Chapter 140, Section 136A, and not otherwise defined here, is incorporated by reference. 8.8.2 Vaccination, Licensing and Fees 8.8.2.1 Three or fewer dogs License and vaccination requirements All dogs six months and older, while residing in the Town of Reading, must have a license from the Town Clerk. To obtain or renew the license, each dog owner must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination is inadvisable, the owner may present a veterinarian's certificate exempting an old or sick dog from vaccination for a stated period of time. New Dogs Within thirty (30) days of acquiring a dog six (6) months of age or older, each dog owner in Reading must present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Puppies Within six (6) months of a puppy being born, each dog owner in Reading must present proof of that puppy's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Residents A new resident who owns a dog six (6) months of age or older must license it within thirty (30) days after moving into Reading. The Town Clerk will issue each dog a transfer license upon the owner's surrender of a current license from another U.S. jurisdiction and proof of current rabies vaccination. The transfer license is valid until the next regular licensing period. 8 �j Lost Tags and Replacement Tags Dog owners must replace a lost tag within three (3) business days of the loss, by obtaining a replacement tag from the Town Clerk. Tag exemptions for dog events and medical reasons: • A dog while actually participating in an official dog sporting or dog fancy event (if the event sponsors do not allow participants to wear tags) is exempt from the requirement that its license tag be affixed to its collar, provided its keeper has the tag at the event and available for inspection by the ACO. • When a veterinarian determines that a dog cannot wear a collar for medical reasons, the dog is exempt from wearing a tag until it recovers, from the requirement that its license tag be affixed to its collar, provided its keeper has the tag in his or her possession and available for inspection by the ACO. Annual Renewal Dog owners must renew each dog license annually. The annual licensing period runs from January 1 through December 31. License Due Date and Late Fee The application form for obtaining, renewing or transferring a license shall be available to each household no later than December 31 each year. Dog owners must return forms and fees to the Clerk by March 31 (or the first business day thereafter, if March 31 falls on Friday, Saturday, Sunday or legal holiday). Any license renewed after this date is overdue, and the owner must pay a late fee as determined by the Board of Selectmen in addition to the license renewal fee. The overdue license fee and the late fee may be added to the owner's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the dog owner, pursuant to M.G.L. Chapter 40 Section 58. License Fees The fees for licensing each dog shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and non - neutered or non - spayed dogs. The fee for neutered or spayed dogs shall be less than the fee for non - neutered or non - spayed dogs. There is no fee for a dog license for service dogs as defined by the Americans with Disabilities Act or regulations promulgated thereunder. (No fee shall be charged for a license for a dog owned by a person aged 70 years or over IF THE TOWN ACCEPTS THIS PROVISION -) 8.8.2.2 Four or more dogs License and Vaccination Requirements Anyone who owns or boards four or more dogs within the Town of Reading must apply for and obtain a kennel license from the Town Clerk. (This requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading.) To obtain or renew the license, the kennel licensee who is also the owner of the dogs must present proof of current rabies vaccinations for each dog older than six months in the kennel. When it is off the kennel property, each dog, in the kennel must wear a kennel tag, issued by the Town Clerk, affixed to its collar or harness. Kennel licensees who offer temporary boarding services must obtain valid proof that each dog in the kennel that is older than 6 months has received a current rabies vaccination which proof must be maintained in accordance with 8.8.2.1 bullet one herein. New Dogs and New Puppies The kennel licensee who is also the owner of the dogs must report to the Town Clerk each new dog in the kennel within thirty (30) days of its acquisition, show proof of current vaccination, and obtain a kennel tag for that dog. The kennel licensee must show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. Inspection Process Before the Town Clerk can issue the kennel license, the Health Division Animal Inspector must inspect the proposed kennel, file a report on the inspection, and favorably recommend that the kennel meets all the following requirements: The location of the kennel is appropriate for housing multiple dogs. • The location of the kennel on the property will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. 9 (,G13 • The area provided for housing,. feeding, and exercising dogs is no closer than twenty (20) feet to any lot line. • The area provided for housing, feeding, and exercising dogs is no closer than fifty (50) feet to any existing dwelling on an abutting lot. • The kennel will be operated in a safe, sanitary and humane condition. • Records of the numbers and identities of the dogs are properly kept. • The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. Periodic Inspections Before a kennel license is renewed, and at any time they believe it necessary, the ACO and /or the Health Division may inspect any kennel. If the ACO or the Health Division determine that the kennel is not being maintained in a safe, sanitary and humane condition, or if the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines or revoke the kennel license. Kennel Review Hearings Within seven (7) business days after receiving the ACO's report of violations, the ACAC will notify all interested parties of a public hearing to be held within fourteen (14) days after the notice date. Within seven (7) business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance, or otherwise regulate the kennel. Penalties Any person maintaining a kennel after the kennel license has been denied, revoked or suspended will be subject to the penalties in Section 8.8.7 of this bylaw. Annual Renewal Each kennel licensee must renew the license annually at the Town Clerk's Office. The annual licensing period runs from January 1 to December 31. License Due Date Kennel license renewal forms will be sent to each licensed kennel no later than December 1 each year. Kennel licensees must return forms and fees to the Town Clerk by January 15 (or the first business day thereafter, if the 15th falls on Friday, Saturday, Sunday or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be added to the licensee's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to M.G.L. Chapter 40, Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town of Reading. Fees The fees for licensing each kennel shall be established by the Board of Selectmen. Incorporation The following provisions of M.G.L. Chapter 140 are expressly incorporated herein: Section 137B - Sale or other delivery of unlicensed dog by kennel licensee; Section 137D - Licensee convicted of violation of statutes relating to offenses against animals; and Section 138A - Importation of dogs and cats for commercial resale, etc. 8.8.3 - Conduct of Animals 8.8.3.1 Endangering Safety No animal keeper shall allow its animal to bite, menace or threaten, all without provocation, so as to endanger the safety of any person, domestic animal or livestock provided such threat or attack was not a grossly disproportionate reaction under all the circumstances. This section is not meant to preclude an animal from acting as a watchdog on its keeper's property. 8.8.3.2 Disturbing the Peace No animal keeper shall allow the animal to disturb the peace of any neighborhood by making excessive noise without provocation. Noise is excessive if it is uninterrupted barking, yelping, whining, of howling, causing damage or other interference that a reasonable person would find disruptive to one's quiet and peaceful enjoyment for a period of time exceeding 15 minutes. Or, by excessive barking or other 10 �oG 1 "l disturbance, which is a source of annoyance to a sick person residing in the vicinity. This section is not meant to preclude a dog from acting as a watchdog on its keeper's property. 8.8.3.3 Damaging Property No animal keeper shall allow the animal to damage public or private property or realty. 8.8.3.4 Running at Large When not on the private property of its keeper, or on private property with the express permission of that property's owner, an animal must be on a leash or may be under effective voice control in locations noted below. To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash. Voice Control in Place of Leash Control Allowed A dog may be under voice control when within the Town Forest or on Conservation lands. Public Gatherings - Leash Control Only An animal may be at any public gathering not otherwise specified in this bylaw only if it is on a six -foot or shorter leash and the animal must refrain from illegal activities. School Grounds Animals are not allowed during school - leash control only at other times. Unless the school Principal gives permission in advance, no animal may be on school grounds from thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all other times, the animal may be on school grounds only if it is on a six -foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. Exception for Assistance Animals (service animals) Section 8.8.3.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 8.8.3.5 Chasing No animal keeper shall allow the animal to chase a person, motor - powered vehicle, human - powered vehicle, or animal drawing or carrying a person. 8.8.3.6 Dog Litter Every dog keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its keeper's private property, on other private property with the property owner's permission. This provision does not apply to any assistance dog or service dog while it is performing its duties. 8.8.4 Animal Control Officer 8.8.4.1 Appointment The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of M.G.L. Chapter 140, Sections 151 and 151A to carry out the provisions of this bylaw and to perform such other duties and responsibilities as the Town Manager or his designee may determine. 8.8.4.2 Issuance of Temporary Restraint Orders The ACO shall issue an order of temporary restraint to the keeper of any animal that is a nuisance or that is awaiting a decision under Section 8.8.6 as to whether it is visieus dangerous. An order of temporary restraint is an order that the animal must be confined to its keeper's property when not on a six (6) foot or shorter leash or may be ordered to be sheltered at a local kennel or veterinarian facility at the animal owner's expense; muzzling will be at the ACO's discretion. It shall be in force for no more than thirty (30) days unless the ACO renews it in writing for subsequent thirty (30) day periods. The ACO shall rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The animal's keeper can petition the Animal Control Appeals Committee (ACAC) under Section 8.8.5.2 to rescind the order of Temporary Restraint. 11 661,5, Issuance of an Order of Confinement The ACO may make arrangements for the temporary housing of any animal that is to be confined under the provisions of this bylaw. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the animal owner's expense. Complaint Resolution The ACO shall investigate all written complaints arising within the Town pertaining to violations of this bylaw and try to mediate disputes between Town residents complaining that a dog owned or kept in Town is a nuisance dog or a dangerous dog. within the To . If the mediation fails, the ACO will decide on a solution and inform the animal owner and any resident that brought a complaint or problem to the ACO's attention. Any party aggrieved by or disagreeing with the ACO's decision may appeal that decision to the Animal Control Appeals Committee; the ACO shall attend the meetings of the ACAC on the matter. Recordkeeping The ACO shall keep accurate, detailed records of the confinement and disposition of all animals held in custody and of all bite cases reported, and the results of investigations of the same. The ACO shall maintain a telephone log of all calls regarding animals and submit a monthly report summarizing the log to the ACAC. 8.8.5 Animal Control Appeals Committee (ACAC) 8.8.5.1 Composition of the ACAC The Animal Control Appeals Committee is comprised of three Reading residents, none of whom can be employees of the Town, appointed to three -year overlapping terms by the Board of Selectmen. The ACAC will annually select a member to serve as the Chair. At least one of the three members must be a dog owner. 8.8.5.2 Right to Appeal When the ACO has investigated a complaint regarding an animal's behavior and has issued a finding or an order of Temporary Restraint with which either the animal's keeper or the complainant disagrees, then either party may appeal by sending a written request to the Town Clerk within ten (10) business days after issuance of the ACO's decision. Following the Clerk's receipt of a written appeal, the ACAC shall hold a public hearing on the appeal within fourteen (14) days, at which the dog owner, the complainant, and the ACO must appear. 8.8.5.3 Findings and Further Appeals The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the ACO's decision and shall mail its ruling to the animal owner, complainant, and ACO within three (3) business days after the public hearing. 8.8.5.4 Hearings The ACAC shall hold public hearings and make decisions on any v-isious dangerous dog declaration under Section 8.8.6 or a nuisance dog declaration under Section 8.8.7. 8.8.5.5 Further Appeals An appeal from an order or decision of the ACAC may be made by either the Owner or Complainant within 10 days at the Woburn District Court. 8.8.6 WGIous Dangerous Dogs 8.8.6.1 Declaring a Dog Vicious Dangerous A dog that either; (a) without justification, attacks a person or domestic animal causing physical injury or death; or (b) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal dog that, withou PFOYOGation, bites a human being or kills or Fnaims a demeStiG aRiFRal withOUt PFOYOGa may be declared visieus dangerous by the ACAC. An exception may be made for a puppy (animal under six (6) months old) that draws blood, or for a dog that attacks or bites an unaccompanied domestic animal on the dog keeper's property. 8.8.6.2 Procedure for Declaring a Vieieus Dangerous Dog Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less than five (5) individuals from five (5) separate households the Animal Control Appeals Committee (ACAC) shall 12 �GI(� hold a public hearing, after which it will determine whether it should declare a dog Yieieus dangerous and, if so declared, what remedy is appropriate. 8.8.6.3 Exceptions No dog shall be deemed dangerous (A) solely based upon growling or barking or solely growling and barking; (B) based upon the breed of such dog; or (C) if such dog was reacting to another animal or to a person and such dog's reaction was not grossly disproportionate to any of the following circumstances: (1) such dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; (2) the person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of such dog; (3) the person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking such dog; or (4) at the time of such attack or threat, the person or animal that was attacked or threatened by such dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to a gated, fenced in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing. 8.8.6.4 Remedies Upon its finding that the dog is Visieus dangerous, the ACAC shall order one of the following remedies: permanent restraint, banishmeRt, or destfust+en euthanasia in accordance with M8RSA the American Veterinary Medical Association Guidelines on Euthanasia. guidelines. Permanent Restraint Order is an order that the dog must at all times while on its keeper's property be kept within the keeper's house or a secure enclosure. The secure enclosure shall be a minimum of five (5) feet wide, 10 feet long, and five (5) feet in height, with a horizontal top covering the entire enclosure; shall be constructed of not less than nine (9) gauge chain link fencing; the floor shall be not less than three (3) inches of poured concrete; with the bottom edge of fencing embedded in the concrete; shall be posted with a clearly visible warning sign including a warning symbol; must contain and provide protection from the elements; and shall comply with all applicable building codes and with the Zoning Bylaws of the Town of Reading. In addition, the keeper of the dog shall annually provide proof to the Town Clerk of a liability insurance policy of at least One Hundred Thousand ($100,000) Dollars for the benefit of the public safety; and whenever removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length. , it FAuSt be muzzled and restFained OR a lead no IenqeF than sex or confined in an escape -proof enclosure. Reading. A ViGiGus dog that 06 Gonfined te a veh*Gle while passing thFough Reading not "visiting" Deleted by Senate Bill 2192 DeGtFUGtign Euthansia is an order to take the life of of the dog by the administration of barbiturates in a manner deemed acceptable by that the deg be destroyed Rn*zed an aGGGFdanGe with M.G.L. ChapteF 140 the American Veterinary Medical Association Guidelines on Euthanasia. MRssg 8.8.7 Nuisance Animal 8.8.7.1 Declaring a Dog to be a Nuisance An animal that repeatedly violates Section 8.8.3 of this bylaw may be declared a nuisance dog by the ACAC. 8.8.7.2 Procedure for Declaring a Dog to be a Nuisance 13 (, C, 0 Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less than five (5) individuals from five (5) separate households the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog to be a nuisance dog. The ACAC may further order that the owner or keeper of such dog take remedial action to ameliorate the cause of the nuisance behavior. 8.8.7 Penalties 8.8.7.1 Fines Any animal keeper who maintains a kennel after the kennel license has been denied, revoked or suspended, or who fails to obtain a kennel license; and any animal keeper who fails to comply with Section 8.8.3 Conduct of Animals shall be subject to penalties as determined by the Animal Control Appeals Committee, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.7.2 Reimbursement of Costs If the Animal Control Officer confines a dog and the animal owner does not pay all fees directly to the kennel or veterinary clinic, then the dog's keeper must reimburse the Town of Reading for any expenses incurred in boarding that dog. If the dog has not been licensed, the keeper must obtain a license and pay any applicable late fee before the dog can be released. 8.8.7.3 Penalties for Violating Restraint Orders The ACAC shall determine a schedule of penalties not exceeding Three Hundred ($300) Dollars per day for each and every violation of restraint orders. 8.8.8 Miscellaneous 8.8.8.1 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may be enforced by non - criminal disposition in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40, Section 21 D. 8.8.8.2 Incorporation of State Law The provisions of M.G.L. Chapter 140, Sections 136A through 156 and 158 through 174D, inclusive, as may be amended from time to time and except as modified herein, are hereby incorporated into this bylaw. Or take any other action with respect thereto. ARTICLE 22 Board of Selectmen Community Planning and Development Commission ARTICLE 23 To see fi the Town will vote to amend the following sections of section 5.4 Criminal History Check Authorization of the Reading General Bylaw (bold language indicates new language, sigh language indicates deleted language): 5.4.1 Fingerprint Based Criminal History Checks The Police Department shall as authorized by M.G.L. Chapter 6 Section 172 B 1/2 conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses: • Hawking and Peddling or other Door -to -Door Salespeople - Police Chief 14 / ��� • Manager of Alcoholic Beverage License - Board of Selectmen • Owner or Operator of Public Conveyance - Board of Selectmen • Dealer of Second -hand Articles (except for Class 1, 2, and 3 Motor Vehicle Dealers) - Board of Selectmen • Hackney Drivers - Board of Selectmen • Ice Cream Truck Vendors - Board of Health Or take any other action with respect thereto. Board of Selectmen ARTICLE 24 To see fi the Town will vote to amend the Reading Zoning Bylaw as follows, it being the intent of this article to prohibit all billboards within the Town of Reading (bold language indicates new language, stFikethFough language indicates deleted language) 6.2.6.3 Signs in Business -A Zoning Districts ■ - OW - - - - - _ - - - _ - -- i h. The neaFest paFt of any Off PFemise6 Sign 6hall be RG GleseF than 20 feet fFOFA-aR abutting pFepeFty, and no less than 10 feet fFGFR the highway Fight of way; and The proposed use 6hall not be detFiFneRtal to the publiG g Or take any other action with respect thereto. Board of Selectmen ARTICLE 25 To see if the Town will vote, pursuant to Section 2 -6 of the Reading Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the 15 6LI I notice of election or for failure to attend one half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto: Precinct 1 Marc Pinette Thomas J Ryan Precinct 2 Walter Carroll David Wayne Decker Christine Ford Priscilla Ryan William C Ryan George Snow Precinct 3 Michael A Bertone Norman W Blanchard Rachelle Garcia Lawrence A Hurley Michael J McDade Sheila C Spinney John P Tuttle Precinct 4 None Precinct 5 Megan Boissonneau Precinct 6 Christopher R Campbell Donna L Dudley Frank Kyle Valarie Perry Precinct 7 Darlene C Porter Precinct 8 Kevin Walsh Board of Selectmen 16 �2a and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to April 2, 2013, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this -th day of 2013. Alan Ulrich, Constable Stephen A. Goldy, Chairman Ben Tafoya, Vice Chairman Richard W. Schubert, Secretary John Arena James Bonazoli SELECTMEN OF READING 17 LC Z/( Hechenbleikner, Peter From: Gary S. Brackett <gsbrackett@brackettlucas.com> Sent: Thursday, February 14, 2013 9:53 AM To: Hechenbleikner, Peter Cc: Gemme, Laura Subject: RE: Question for Town Meeting Peter, After further review of MGL c. 59, §21C and the DOR Guide of Requirements and Procedures for Proposition 2 %2 ballot questions, I offer the following responses to your questions. There is no write -up that goes on the ballot with the question. The form of the question is specified in §21C(k). Any additional information cannot be included in the question or on the ballot. DOR recommends that type of information should be provided in the course of a balanced, comprehensive public information effort which is consistent with election and campaign laws as administered by the Mass. Office of Campaign and Political Finance ( "OCPF "). I provided those OCPF materials to Ruth Urell, the Library Trustees and representatives of the Friends and the Foundation at the meeting on February 4. 2. The ballot question for a debt exclusion override does not have a number included within it pursuant to the form of the question as set forth in Section 21 C(k). This is distinguished from a capital expenditure exclusion under §21C(i %2) or a levy limit override under §21(g) which do require the total amount of additional taxing authority being requested and the fiscal year in which it will be used. I also want to remind you that the Board of Selectmen, as the defined "local appropriating body" under c.59, §21C, must vote to approve the placement of the question on the ballot. A two - thirds (z /3's) vote of the Selectmen is required to place the question on the ballot and a majority vote of the citizens is required to approve the ballot question. Please let me know if I may of any further assistance to you in this matter. Regards, Gary Gar} .S. Brackett, Etsqurrc BRACKETT & U7 CAS 19 Cedar Strut Worcester, VI A 01609 (Fet) 508- 799 -9739; (Fax) 508- 799 - 9799 1 r.s is intended only fur des i =.natcd rconipticnt(w) It way cowain contidcntial or propietary information and may do subioct to the attorney - client hit: ilcge or othcr confidentiality protections. ICyou arc not a designmed rccinient, you ma_ not te%iewv COPY or distribute ibis t., usalse. It' wu reecived this in cnor, phase notil} the send izy reply ernail and dektc this message. From: Hechenbleikner, Peter [ma i Ito: phechenbleikner @ci. reading. ma. us] Sent: Tuesday, February 12, 2013 2:00 PM To: 'Gary S. Brackett'; Gemme, Laura Subject: RE: Question for Town Meeting � GzZ Legal Notice (Seal) Town of Reading To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen and the Board of Library Trustees of the Town of Reading will hold a public hearing on February 26, 2013 at 9:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts on approval of a Policy Establishing a Library Building Committee. A copy of the proposed document regarding this topic is available in the Town Manager's office, 16 Lowell Street, Reading, MA, M- W -Thurs from 7:30 a.m. -- 5:30 p.m., Tues from 7:30 a.m. - 7:00 p.m. and is attached to the hearing notice on the website at www.readingma.gov All interested parties are invited to attend the hearing, or may submit their comments in writing or by email prior to 6:00 p.m. on February 26, 2013 to townmanager@ci.reading.ma.us By order of Peter I. Hechenbleikner Town Manager To the Chronicle: Please publish on February 21, 2013 Send the bill and tear sheet to: Town Manager, 16 Lowell Street, Reading, MA 01867 [,J c Library Building Committee There is hereby established a Library Building Committee. Background & Mission The Reading Library Board of Trustees has applied for and been awarded (in October 2012) an approximately $5.1 million construction grant by the Massachusetts Library Board of Commissioners. This grant award was as a result of an application and extensive planning effort by the Reading Public Library through its Board of Trustees and staff, with its OPM and Architect. The project is to conduct a full renovation /reconstruction of the existing building, plus an addition of approximately 8,000 square feet. The project is intended to develop a building with a useful life of at least 50 years, and a functional life of at least 20 years before any significant programmatic modifications are required. The Library Building Committee shall provide advice to the Facilities Director, who shall be responsible for the management of the building project, and to the Town Manager who pursuant to the Reading Home Rule Charter is responsible for the awarding of contracts and carrying out of improvements to all public buildings except for the buildings of the School Department and the Reading Municipal Light Department. The Library Building Committee shall report periodically to the Library Board of Trustees, Town Meeting, and other bodies as requested on the progress of the Library project. The Library Building Committee shall: (1) To the extent that it does not delay the process, give advice to the Town Manager on the selection of the Architect and Owners Project Manager (OPM) selection for the project. (2) Review the detailed options for renovation /reconstruction of existing space and addition of additional space to the existing library building at 64 Middlesex Ave. including a discussion of expected timelines and costs; (3) Develop a recommended proposal for the final design. The Library Building Committee will base its recommendation on the detailed program needs developed as part of the application process for State aid, and approved by the Massachusetts Board of Library Commissioners. (4) Monitor the bid process and make a recommendation as to the award of construction bids. (5) Provide input into the arrangements for temporary space for the library during the construction project. (6) Monitor the construction process, working with the Facilities Director to determine how the project is tracking with respect to the construction contract, timelines, and cost. (7) Without delaying decisions, review and make a recommendation to the Facilities Director on change orders. Committee Membership The Library Building Committee shall consist of eight (8) members appointed as noted below. ♦ 2 members of the Library Board of Trustees appointed by the Board of Trustees ♦ 2 members of the Library staff, which may include the Library Director, and who shall be appointed by the Library Director ♦ One member of the Finance Committee appointed by the Finance Committee r (2 ♦ 3 residents of the community, at least 2 of whom have experience and expertise in construction projects as an architect, structural or civil engineer, contractor, or construction manager, appointed by the Moderator The terms of the members of the Library Building Committee shall be for three years, or until the completion of construction and the issuance of the Certificate of Occupancy of the building project, or until the filing of a final report with Town Meeting, whichever comes first. Adopted 2 -26 -13 by the Board of Selectmen and Library Board of Trustees �J3 rov- 'I vfoewellvr.rr 0 tit y Owner's Project Manager & Library Building Committee & Facilities Director The Owner's Project Manager has overall responsibility for the successful execution and completion of the Library Building Project, and will report directly to the Facilities Director. The Owner's Project Manager shall: 1. report at least weekly to the Facilities Director; 2. attend and runs all meetings of the Library Building Committee and provides regular progress reports to the Library Building Committee; 3. attend and run weekly job meetings and keep records of discussion and decisions at those meetings; 4. provides clear and coherent reports to the Library Building Committee that indicate the proportion of work accomplished in relation to percentage of construction budget expended; 5. reviews all documents developed during the design phase to make sure that the design and bid documents are in agreement with the desired outcome and consistent with the budget; 6. review and make a recommendation to the Facilities Director for approval or disapproval of change orders or other recommendations of the General Contractor. 6jq 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 BACKGROUND INVESTIGATION LICENSING OPTIONS Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01 867 Chief Cormier, January 25, 2013 As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of background investigation options for Class II and III motor vehicle licenses, peddler licenses, taxi /vehicle for hire licenses and second hand dealer licenses. Option 1 The Board of Selectmen (BOS) can ask the Police Department to conduct and internal record check. The PD can do an in -house record check which will give the selectmen information on any issues that have occurred within the Town of Reading. This is a very limited review of the applicants. Option 2 The BOS can apply Option l and also have the Town's Personnel Director or Town Manager run a limited Board of Probation (CORI) check thru the Department of Criminal Justice Information Services. The check done would not be as inclusive as the Police Department check. The BOS could also request that the applicant provide a copy of their Driver's History (if necessary) and/or Board of Probation (CORI) history in lieu of the Town running the information. Option 3 The BOS can apply Option 2 and also have the Police Department run the applicants fingerprints through the Civil Fingerprinting bylaw for a fee set by the BOS, $30 which has to be given to the Commonwealth. This will provide a records check for any criminal activity that is supported by fingerprints on a National basis. The Police Department can also apply Option I and run a check in their In -House computer system to see if the licensee has any involvement with the Police in this Town. L�l EXECUTIVE SUMMARY BACKGROUND INVESTIGATION LICENSING OPTIONS Option 4 The BOS can designate the Chief of Police as the License Authority and the Police Department can run a complete background on the licensee. This would include conducting the Civil Fingerprinting per bylaw for a fee. The Police Department will also run a complete Board of Probation Check and the In -House computer check. The Chief of Police already has the authority to run Liquor License applicants due to the fact of being designated an agent of the License Authority by the BOS. Enclosed, please find copies of relevant Selectmen's Policies and Town By -Laws. There is also a list of all licenses relevant to this issue. Please let me know if you need any further information. Respectfully Submitted, Sgt. Detective Mark D. Segal a Criminal Division Commander, 6 f2 R Rbjl— I NG POLICE DEPARTMENT 041b"sco OFFICE OF TIC CHIEF 16 Union Stye t, Reading, M"aachusetu 01867 Adaw W. cvrmidr Emergency Only: 911 All Other Calla 781. 941 -1212 Par. 781- 944 -2893 Chief Gf PO&40 F—hW : JCormier@cLr*&ding maua MEMORANDUM To: Town Manager Peter I. Hechenbleikner From: Chief James Cormier Date: 01/14/2013 Re: BOS inquiry on Class 2 & 3 M/V Dealers License Peter, During the Selectmen's meeting of Tuesday January 8, 2013 we had discussion with the Board of Selectmen regarding Class 2 and 3 M/V Dealers background checks. The Board requested Information on what the surrounding towns are doing in relationship to the discussion and whether or not we are being duplicitous In our background recommendations with that of the Registry of Motor Vehicles. As was requested, I spoke with Chiefs of Police from all the contiguous communities regarding this topic. Of the six contiguous communities, 3 have the civil fingerprint bylaw in effect, 2 are in the process of implementing it, and one will explore it at some time but has no immediate timeframe. So, five of the six will have brought it for review in the very near future. In five of the six communities the BOS is the Licensing Authority for the Class 2 and 3 M/V licenses, in one It's the city clerk. In terms of doing criminal background checks, all the Chiefs Indicate they believe the Class 2 and 3 M/V dealers to be under the category of dealers of second hand articles. In one community, the HR Director does the Board of Probation checks (In this case the HR director could make and assessment of suitability but I don't believe they could share the background check with the Board unless they. are CORI certified), in two communities the Police Departments provide information to the Licensing Authority, and in two other communities ��3 they follow the civil fingerprint bylaw (in one of those two, Its only for new applicants, not renewals), and in the final community, the Police Department provides only an in -house record check. The Chiefs who are In process of moving the civil fingerprint bylaw forward would be recommending that It be used for this purpose to their respective Ucensing Authorities. 1 am still pursing definitive information from the ,Registry of Motor Vehicles regarding their process. I do not believe they do record checks prior to issuing repair /dealer plates. I will continue to try to confirm this information. �'H TOWN BY -LAWS 5.4 Criminal History Check Authorization 5.4.1 Fingerprint Based Criminal History checks The Police Department shall, as authorized by Massachusetts General Laws Chapter 6, Section 172 B 1/2, conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses: • Hawking and Peddling or other Door -to- Door Salespeople, (Police Chief) • Manager of Alcoholic Beverage License (Board of Selectmen) • Owner or Operator of Public Conveyance (Board of Selectmen) • Dealer of Second -hand Articles (Board of Selectmen) • Hackney Drivers, (Board of Selectmen) • Ice Cream Truck Vendors (Board of Health) 5.4.1.1 Notification At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security ( "EOPSS ") which has issued an Informational Bulletin which explains the requirements for town by -laws and the procedures for obtaining criminal history information, to see if there have been any updates to be sure the Town remains in compliance. 5.4.1.2 State and natio aq I criminal records background checks Upon receipt of the fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this by -law to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and/or the Federal Bureau of Investigation (FBI) or the successors of such agencies as may be necessary for the purpose of conducting fingerprint -based state and national criminal records background checks of license applicants specified in this by -law. 5.4.1.3 Authorization to conduct fingerprint -based state and national criminal record background checks The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint -based state and national criminal record background checks, including of FBI records, consistent with this by -law. The Town authorizes the Police Department to receive and utilize State and FBI records in connection with such background checks, consistent with this by-law. The State and FBI criminal history will not be disseminated to unauthorized entities. Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his /her criminal history record from the Police Department. Should the record subject seek to amend or correct his/her record, he /she must take appropriate action to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants to challenge the accuracy or completeness of the record shall be advised that the procedures to change, correct, or update the record are set forth in Title 28 CFR 16.34. The Police Department shall not utilize and/or transmit the results of the fingerprint -based criminal record background check to any licensing authority pursuant to this by -law until it has taken the steps detailed in this paragraph. 5.4.1.4 Municipal officials should not deny an applicant the license based on information in the record until the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so. The Police Department shall communicate the results of fingerprint -based criminal record background checks to the appropriate governmental licensing authority within the Town as listed. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex - related offense, 5.4.1.5 Regulations The Board of Selectmen, is authorized to promulgate regulations for the implementation of the proposed by -law, but in doing so it is recommended that they consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI's requirements for access to the national database, and other applicable state laws. 5.4.2 Use of Criminal Record by Licensing Authorities Licensing authorities of the Town shall utilize the results of fingerprint -based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this by -law. A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint -based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination. The Town or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, including renewals and transfers thereof, for any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this by -law. 5.4.3 Fees The fee charged by the Police Department for the purpose of conducting fingerprint -based criminal record background checks shall be determined by the Board of Selectmen and shall not exceed one hundred dollars ($100). The Town Treasurer shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services regarding the proper municipal accounting of those fees. A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B 1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system, 5.4.4 Effective Date This by-law shall take effect May 4, 2012, so long as the requirements if G.L. c. 40 sec. 32 are satisfied. ��W TOWN BY -LAWS 7.6 Licenses 7.6.1 General Provisions Any license issued subject to this bylaw shall issue on January 1 (or thereafter) of each year and shall expire on the next succeeding December 31 and may be revoked or suspended at any time by the Board of Selectmen for any violation of this bylaw or any rules, orders or regulation from time to time adopted by the Board of Selectmen. 7.6.2 Transport 7.6.2.1 License Required No person shall engage In the business of transporting for hire, goods, wares, furniture or rubbish as specified in Section 7.6.2.2 of this bylaw without first obtaining a license or licenses therefore as set forth below. 7.6.2.2 All Vehicles to be Licensed The Board of Selectmen may license suitable persons to use vehicles for the transporting for hire of goods, wares, furniture or rubbish within the Town. All persons engaging In such transportation for hire within the Town shall take out such number of licenses as will equal the greatest number of such vehicles to be used at any one time by said person during the year for which the license is issued. Such license shall expire on December 31 of each year and may be revoked at the pleasure of the Selectmen. 7.6.2.3 Information to be Placed on Vehicles Every person licensed under the provisions of this bylaw shall cause his name and the number of his license to be printed or placed in plain legible words and figures in a conspicuous place on the outside of each vehicle used in exercising said license. Town of Reading General Bylaw Article 7 - Regulation of the Use of Private Land 39 General Bylaw — March 19, 2012 7.6.3 Junk 7.6.3.1 License Required No person shall use any building, enclosure or other structure for the storage, sale or keeping of rags, waste paper stock or other inflammable material without a license therefore from the Board of Selectmen. 7.6.3.2 Dealers In Junk, Old Metals, Second Hand Articles The Board of Selectmen may license suitable persons, upon such terms and conditions as the Board shall determine, to be dealers in and keepers of shops for the purchase, sale or barter of junk, old metals and second -hand articles, and no person shall be such a dealer or keeper without such a license. 7.6,3.3 Junk Collectors The Board of Selectmen may also license suitable person$ as junk collectors, to collect by purchase or otherwise, junk, old metals and second -hand articles from place to place within the Town, and no person shall engage in such business without such a license. 7.6.3.4 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may be enforced by non - criminal disposition in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40, �F? Section 3.3 - Issuance of Peddler's Licenses Chapter 101, Sections 12a through 33 of the Laws of the Commonwealth, provide for regulations of peddlers. Part of the State law allows the Board of Selectmen to establish local rules and regulations for the granting of such licenses. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Peddler's Licenses: Each application will be dealt with on a case by case basis. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant. 1. Approval will be granted within a commercial or industrial zoning district only. 2. No peddlers will be permitted to operate within the public right of way including a roadway or sidewalk area. 3. Written approval of the property owner and any tenants on the property will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 4. If the proposed use, in the opinion of the Board of Selectmen, will generate traffic other than traffic that is routine to the premises, then designated parking spaces will be required that will not be detrimental to the principle use on the premises. 5. The Board will require evidence that the peddler's use will have minimal effect on the neighborhood adjacent to the site. 6. The peddler's use will not take away existing parking spaces from those required on the site. 7. The peddler's use may have no negative impact on retail or commercial activities within the Town of Reading. 8. Peddler's uses will only be permitted where there is another principal use on the site and the peddler's use is related to the principal use of the property. No peddler's uses will be permitted on vacant or unused land. 9. The applicant must show that adequate controls are in place and insure public safety and cleanliness, and a condition of approval of any peddler's license will be that all of the required licenses will be received. 10. Prior to the issuance of a Peddler's License, the Board may require a review by the Health Division and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Adopted 10- 18 -88, Revised 12- 13 -94, Revised 5-25-04 3-14 Board of Selectmen Policies I Sjtion 3.4 - Issuance of Class I. II and III Motor Vehicle Licenses Chapter 140, Sections 57-69 of the Laws of the Commonwealth, provide for the regulation of Class I, II and III licenses for the sale of motor vehicles. The Board of Selectmen as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of Selectmen in reviewing and ruling upon applications for Class I, I1 and III Motor Vehicle Licenses: 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Class I, II and III Motor Vehicle Licenses will be issued only within a commercial or industrial zoning district within the Town. 3. Pursuant to State law (Chapter 140, Section 59), the applicant must show that the business to be licensed is the principal business of the licensee. 4. The applicant shall provide to the Board of Selectmen a lease or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 5. The applicant will provide, pursuant to Chapter 140, Section 58, proof that the applicant maintains or has access to a repair facility sufficient to enable him to satisfy the warranty repair obligations imposed by State statute. 6. For Class I and 1I Licenses, all the requirements of Chapter 90, Section 7N'K and Section 7N 1/2 must be complied with. 7. The applicant must show through plans or other means that there is adequate space on the premises for the vehicles to be sold and for customers and employees to park. 8. The licensed activity must not create an adverse traffic impact and access to the site must be adequate. 9. The licensee must conform with the Zoning By -Laws including the sign portions of the Zoning By -Laws. 10 The Board may require information to assure itself that the facility does not and will not cause any environmental problems relative to spills or other release of harmful substances to the environment or to neighboring properties. 11. The applicant shall provide proof of a bond as required by State Statute. 12. Prior to the issuance of a Class I, II or III Motor Vehicle License, the Board may require a review by the Building/Zoning Inspection Division, and proof that all necessary approvals, permits and other licenses needed to operate have been issued. The Board will require a review by the Chief of Police to assist them in determining that the applicant is a proper person to engage in the business to be licensed. The following will be standard conditions for Class I, II or III Motor Vehicle Licenses unless the Board of Selectmen shall modify any of these conditions, and the Board may make any additional conditions on the license as it deems fit: ♦ The maximum number of vehicles offered to be sold at any one time shall be established. ♦ The location of vehicle(s) to be sold will be specifically stated. 3-15 Board of Selectmen Policies �-I ♦ The location of the repair facility will be specifically stated. ♦ There will be no pennants, banners, windshield signs or other information other than the principal sign unless required by law. The Board may require pricing and other consumer information to be attached to the vehicle in a manner so as not to detract from the general appearance of the site. Adopted 12- 13 -94, Revised 5-25-04 Section 3.5 - Issuance of Taxi and Vehicle for Hire Licenses This Section shall be known as the "Town of Reading Rules and Orders for the Regulation of Carriages and Vehicles Used in the Town of Reading, promulgated pursuant to G.L.C. 40, Sec. 22 ". .51- Applicability of Rules and Orders Vehicles for hire including taxicabs and liveries (hereinafter referred to as "vehicles ") operating or caused to be operated by non - governmental entities for the transportation of persons from place to place within the Town, or from a point in the Town to another location outside the Town, other than over regular routes or between fixed termini, shall be subject to these rules and orders to the extent provided below. 3.5.1.2 - Definition of Livery Livery shall mean a private vehicle licensed as such, including but not limited to, limousines which are used for pre - arranged trips for 'particular occasions such as weddings, funerals, celebrations or school transportation. 3.5.2 - License 3.5.2.1- License Reauired No vehicle shall be driven, operated or caused to be operated as a vehicle for hire without a license first having been obtained for that vehicle from the Board of Selectmen. Each vehicle shall require a separate license. 3.5.2.2 - Application Applications for a license shall be made in writing to the Board of Selectmen and shall provide the following information: 1. The name and address of the applicant, if an individual; or if a corporation, the name, date of incorporation, address of its principal place of business and the name and address of its officers; or if a partnership, association or unincorporated company, the names and addresses of the partners or associates and the address of its principal place of business. 2. The intended place of business within the Town of Reading. 3. The name of the manager or principal representative. 4. Proposed hours of operation, description of proposed vehicle including the make, model, Vehicle Identification Number and age of the vehicle. 3-16 Board of Selectmen Policies ( �/D 3.51.3 - Review by Chief of Police No license shall be granted by the Board of Selectmen until the application has been reviewed by the Chief of Police. Ten (10) working days to be allowed for such review. As a condition of issuance and retention of the license, the owner and all employees of the licenses shall make available to the Police Chief or his designees, the manifest used by the taxi company. "Manifest" means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. 3.5.2.4 - Grant or DenW The Board of Selectmen may upon receipt of an application, issue a license under such terms and conditions as they deem appropriate and in the public interest. The Board, in determining whether to issue a license, may -consider the public demand or the proposed service, the effect of the proposed service upon relevant traffic and safety conditions, the character and financial responsibility of the applicant the condition of the proposed vehicle(s), and any and all other relevant facts or circumstances. 3.5.2.5 - Term and Fee Any license issued hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. Any licensee who permanently ceases to operate the vehicle for which a license was issued shall forthwith surrender the license to the Board of Selectmen. The fee for each license issued shall be fifty dollars ($50.00) per license. This fee shall not be prorated. 3.5.2,6 - Notification as to Vehicle If issued a license, the licensee shall, prior to the operation of the vehicle as a vehicle for hire, provide the following information, in writing, to the Board of Selectmen: 1. The make, model, Vehicle Identification Number and age of the vehicle. 2. A copy of the vehicle's certificate of registration with the Registrar of Motor Vehicles. 3. A copy of the certificate of insurance coverage page for the vehicle. 3.5.2.7 - Insuran_c_e A vehicle issued a license hereunder shall be insured. Coverage for "Bodily Injury to Others" shall be no less than $100,000 per person /$300,000 per accident. 3.5.2.8 - Lilibility The licensee is at all times responsible for his vehicle and shall be liable for all penalties and/or damage resulting from his operation of the vehicle or the operation of the vehicle by an employee or agent. 3.5.2.9 - Susnen ion or Revocation The Board of Selectmen may suspend or revoke a license issued under the provisions of this article for good cause. Before suspension or revocation of a license, the licensee shall be entitled to a hearing thereon before the Board of Selectmen. Written notice of the hearing shall 3-17 Board of Selectmen Policies � I ( be forwarded to the licensee at least seven (7) calendar days prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a license without a hearing for a period of no greater then ten (10) days or until a hearing is held, whichever is sooner, if there is sufficient evidence to indicate that the public safety would be endangered by continued operation of the vehicle. 3.5.2.10 - Assignment or Transfer Prohibited No license shall be assigned or transferred. 3.5.3 - Permit 3.5.3.1 - Reauired No person shall operate a vehicle, and no licensee shall employ or allow a person to operate a vehicle, unless the operator first obtains a permit from the Board of Selectmen. 3.5.3.2 - Minors No permit shall be issued to a person under eighteen (18) years of age. 3.53.3 - Aualication Applications for a permit shall be made, in writing, to the Board of Selectmen and shall provide the following information: 1. Full name and address. 2. Copy of a valid operator's license issued by the Registrar of Motor Vehicles. 3. All previous experience operating a vehicle for hire. 4. Convictions or pleas of guilty to a criminal offense, except as outlined below. If any, state the offense(s), court(s) in which convicted or guilty plea occurred and when the conviction(s) or plea(s) occurred. The following criminal information is not and shall not be requested, examined or considered by the Board of Selectmen: ♦ Arrests, detentions or dispositions in which no conviction or guilty plea resulted; Convictions which have been reversed or vacated but not pardoned; ♦ Misdemeanor convictions or guilty pleas when the date of conviction or plea was greater than ten (10) years prior to the date of application for the permit; ♦ Traffic violations for which there was a finding of responsibility for a period of two (2) years prior to the date of application for the permit or for such period of time as the Board of Selectmen shall request. Failure to give accurate and complete information as required above may be grounds for denial, suspension or revocation of a permit. 3.5.3.4 - Review by Chief of Police No permit shall be issued by the Board of Selectmen until the application has been reviewed by the Chief of Police or his designee. Ten (10) working days to be allowed for such review. 3.5.3.5 - Issuance or Denial 3-18 Board of Selectmen Policies (� (2 An applicant shall be granted a permit only if the Board of Selectmen determines that granting a permit to the applicant is in the best interest of the public. Criminal convictions or pleas of guilty shall not result in an automatic denial of an application but shall be given significant consideration and weight by the Board of Selectmen, taking into account all factors including the nature and gravity of the offense, the time that has passed since the conviction or plea, and the sensitive nature of serving the public as a driver of a vehicle for hire. 3.5.3.6 - Term and Fee Any permit granted hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. A permit holder who ceases to operate vehicles shall forthwith surrender his permit to the Board of Selectmen. The fee for a permit shall be fifty dollars ($50.00). This fee shall not be prorated. 3.5.3.7 - Picture Identiflcation Card A picture identification card shall be issued by the Board of Selectmen, or its designee, to each permit holder, and shall be displayed prominently in the vehicle when being driven by the permit holder. 3.5.3.8 - Liability A permit holder is at all times responsible for the vehicle he is operating and shall be liable for all penalties and /or damage resulting from his operation of the vehicle. 3.5.3.9 - Snsaena' ion or Revocation The Board of Selectmen may suspend or revoke a permit granted under the provisions of this article for good cause. Before suspension or revocation of a permit, the permit holder shall be entitled to a hearing thereon before the Board of Selectmen. Notice of the hearing shall be in writing and forwarded to the permit holder at least seven (7) calendar day prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a permit until a hearing can be held in accordance with the procedures set out above, if there is sufficient evidence to indicate that the public safety would be endangered by the continued operation by the permit holder. In no event shall a temporary suspension be for a period greater than ten (10) calendar days. 3.5.4 - Operation 3.5.4.1- Duty to Trananort A permit holder shall not unreasonably refuse to transport a passenger. 3.5.4.2 - Sharine a Ride No permit holder shall accept a passenger when the vehicle is occupied or engaged without the consent of the passenger(s) already in the vehicle. No person shall be obliged to pay any extra fare or fee for refusing such consent. Separate fares shall not be charged to members 3-19 Board of Selectmen Policies (' +O of the same party. A party shall be considered any number of individuals (not exceeding the passenger capacity of the taxi) with the same origin and'destination. 3.5.4.3 - Taxi Stands - Parkins — Standing The Board of Selectmen may assign a taxi stand or stands to one or more taxicabs. The Board of Selectmen may also designate specific areas, streets or ways where vehicles may not park of stand. Standing and/or parking on public ways or public property of vehicles not licensed in the Town of Reading is prohibited except while waiting to return a party whose original point of hire was from outside of Reading, when operating in accordance with a Massachusetts Department of Public Utilities license, or when being used for personal (non - vehicle for hire) purposes. 3.5.4.4 - Maintenance of Vehicles Every vehicle shall be kept in good condition, suitable for occupancy and mechanically fit for the safety of passengers. The interior and exterior of the vehicle shall be safe, clean and sanitary at all times. 3.5.4.5 - Inspection The Reading Police Department or its designee shall have the right to inspect any vehicle for purposes of these regulations or as public safety requires. 3.5.4.6 - Smokins Smoking in a vehicle is prohibited. 3.5.4_7 - Anpegnce of Oaerator Every driver having charge of a licensed vehicle shall be suitably dressed (sleeved shirt), neat and clean in appearance. 3.5.4.8 - Display of License. Picture Identification Card and Rates of Fare Every vehicle when in operation shall display the following cards in a suitable frame so that they are secure and immobile and plainly visible to passengers riding in the rear of the vehicle: 1. License 2. Picture identification card of driver 3. Fares (taxicabs only) 3.5.4.9 - Letterins on Taxicab Every taxicab operating under the authority of these rules and orders shall have the name or trade name of the licensee and the name "Town of Reading" or "Reading" painted on both sides of the taxicab in letters four inches high and one -half inch wide, painted in two conspicuous places on the taxicab. 3.5.4.10 - Copy of Regulations Every vehicle shall, when in operation, contain a copy of these regulations, which shall be exhibited to any passenger or Police Officer on request. The licensee and permit holder shall be responsible for the implementation of this requirement. 3-20 Board of Seleawn Policies VIq 3.5.5 - Fares 3.5.5.1- Taxicabs The Selectmen shall establish the rates of fare for the conveyance of passengers and baggage, and may revise such when they so determine. The rate of fare shall be governed by fare zones and shall be on file at the Office of the Town Clerk. 3.5.5.2 - Separate Fares Separate fares shall not be charged to members of the same party. 3.5.5.3 - Senior Citizen Discount Fares for all persons sixty (60) years of age and older shall be discounted in accordance with a schedule approved by the Board of Selectmen. When discounted rates are offered, they must be offered to all senior citizens using a taxicab pursuant to the licensing established in this policy. There shall be displayed a sign informing the passengers of the discount. 3.5.5.4 - No Fares in Excess of Established Rates No taxicab permit holder shall demand or receive as a fare more than the fare established by the Board of Selectmen under the authority granted by these regulations. 3.5.5.5 - Livery Rates Charges by liveries shall be subject to mutual agreement between the livery operator and the passenger(s). 3.5.6 - Information Update and Penalties 3.5.6.1- Information Update When any information provided in an application for a license or permit changes or is updated, the respective licensee or permit holder shall give notice thereof, in writing, to the Board of Selectmen. 3.5.6.2 - Penalties The penalty for a violation of any of these rules and orders shall be a fine equal to the fine for a violation of Town Bylaws as set forth in Article 1.5 of the Town Bylaws. Violation of any of the rules and orders herein shall be just cause for suspension or revocation of a license and /or permit. Adopted 7- 18-89, Revised 12- 13 -94, Revised 5 -25-04 3-21 Board of Selectmen Policies j q-;i-� LIST OF LICENSES 01/24/13 MOTOR VEHICLES LICENSEES Class I Gallery North, Inc. (Class I) d/b /a Honda Gallery 88 -98 Walkers Brook Drive ECars of New England Inc. (Class I) 281 Main Street Class II 128 Tire, Inc. (Class II) 459 Main Street Brown's Auto Repair (Class II) 1 vehicle for sale 35 Lincoln Street Reading Auto Sales (Class II) 1 vehicle for sale 550 Main Street Reading Foreign Motors, Inc. (Class II) 33 vehicles for sale 4 Minot Street RMP Mass (Class II) 3 vehicles for sale Reading Motors 1337 Main Street Reading Square Shell (Class II) 2 vehicles for sale 749 Main Street Worldwide Vehicle and Equipment Sales, LLC (Class II Wholesale) 360 Main Street Universal Machinery, LLC (Class II Wholesale) 2 Linden Street Class III North Reading Auto & Recon, Inc. (III) d/b /a Gray's Towing 4 Minot Street JUNK LICENSE CTC Gold Refinery 75 Haven Street �(�1('0 TAXI AND LIVERY LICENSEE Paul's Sedan Service 40 Orange Street Dilsh An Perera Sapphire Livery 1230 Main Street 6f1-? 35 Lincoln Street Reading, MA 01867 January 9, 2013 Selectman James E. Bonazoli Selectman John Arena Selectman Richard W. Schubert Selectman Stephen Goldy Selectman Ben Tafoya Town of Reading Redding, MA 01867 Dear Selectmen: veA 0 VI-3 I was very dismayed to come home late from work and see that the Town Manager and Selectmen were discussing new requirements for the Class 2 and Class 3 used car licensees. I checked the Daily Times Chronicle for upcoming Selectmen meetings and seeing nothing regarding used car licenses, I even logged on the Town website. Again, I saw no definitive topic on the agenda relating to used car dealers. A month or so ago, I wrote a letter to the Selectmen and followed up by talking in person to them at a previous meeting which I was assured we would communicate about this in the future. Considering this is of utmost importance to me, and my fellow business owners, I would have thought there would have been some notice. It is bad enough the previous requirements that Peter Hechenbleikner had asked for, but to ask now for fingerprinting to be done to a long time business man of 33 years in Reading is definitely going over the top. I have checked other surrounding towns and not found the same treatment to used car dealers. Consistency and time is a good gauge to judge the small business owners. I look forward to more meaningful discussions in the future and I would appreciate better notice from Town Hall so that I could be part of any discussions regarding used car licenses. Here are my work and my cell phone numbers. I would sincerely like to talk to you on the phone, if not in person, before the next meeting. Please feel free to call me at any time. If I am not available when you call, I will be sure to get back to you immediately. Thank you for your time and consideration. Business Phone. 781.944.7117 Cell Phone: 617.347.5503 Very truly yours, Kevin M. Brown Brown's Auto LEGAL NOTICE TOWN OF READING NOTICE OF PUBLIC . HEARING To the Inhabitants of the . Town of Reading: Please take notice that;the- Board of Selectmen of the Tovyn of Reading will hold a public hearing on February 26, 2073 at 9:45 p.m. in the Selectmen's Meeting floom, 16 Lowell Street, Reading, Massachusetts to consider making the follow ing changes in the parking reg, ulations in the core area of Reading's dowritown. -Former MBTA pay lot on Vine Street north of High Strb t . will become "Resident Permif Parking only" (commuter park- ing) — with Community Access Sticker — 42 spaces -West side of High Street; between Woburn and Vine-- convert 11 "Resident. Permit Parking Only" (commuter park- ing) spaces to' "Employee /Merchant Monthly Parking" spaces. -Convert all (estimated to he 14) spaces on the south side of Woburn Street between Braude Court *access - (opposite Bancroft Avenue) and Linden Street, from "2 Hour Parking"• spaces to "2 Hour Parking or All Day Parking with Employee. Permit" , A copy of the proposed doc- uments regarding these topics are available in the Towri Manager's office, 16 Lowell . Street, Reading, MA, M -W- Thurs from 7:30 a.m. - 5:30 p.m., Tues from"7:3() a.m. - 7:00 p.m. and.is'attached to.tho hearing notice on the website at . www.readingma.gov All interested parties 'are invited to attend the hearing,.or may submit their comments In writing or by email prior to 6 :00 p.m. on February 26, 2013-4o'- townmanager@ci. reading.ma.0 S :.'r s• By ord4r�oj Peter I. Hechenbleikner Town Mann jer 2/20 �O�r l L.g.Rd BWMirga Proposal Parking Rogula.aM s s f Parking a D—Y = Resid,M Perm t 800- 10:30AM --- Railn -1 Comm Mer - META R-d. �2HOUr p yF�saixn ", Parceh = 30 Minute ■ Hertli.p Parking Space •�"- Empi y- /Merclwnl a a (N) ir of Parking Speces ^^*^ 1 Hour or Employee . y T e 7 a ■ jjj / / /jjj � Hantlkap • aa� No Parkirq N v « •' A = y s a� ■` Y „ 7• $ g • n lu t$�1 :i s S u 0 toyarl.aaariw n Mf gifT« v „ a 1 to all. WVN STREET mrar VHS « �"� • euwo \esr • tye tr 2F A �� \ \\ � �Sgi' � •r_.. !Q r �� 1«,w r:W Ala 1 1111[ w a - .M,,,,.w+ ""°'r.""y1w. e. aM1ylaaealsailr� `r- ara.+.■ymle°""' . x a M1 n 1. • F� a* ag- . i= DOWNTOWN PARKING REGULATIONS -PROPOSED b 9 I:N "�ua�a.ai,l le „'°,r ltry \\ nYean'uwnm me. e.ia ]nnJ. g .tV a�Fa� • � 1�pTW .. �\ M1u M1vm• �1. D,M1,n xxlrnOx, M1.M n:lq 1 \N\' TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended by striking the number "54" from paragraph 4 of Article 5.14 relative to Employee /Merchant Parking and replacing it with the number "65." DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERK OF READING TOWN CORPORATE SEAL L6-3 TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended by inserting the language "Vine Street — On the southerly side, beginning at the intersection with High Street proceeding westerly for a total of 42 parking spaces." after line 13 of Appendix A -8 relative to Resident Parking Permit Only from 6:00 a.m. to 10:30 a.m. DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERK OF READING TOWN CORPORATE SEAL 6GLf TOWN OF READING Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended by striking the language "in four (4) designated spots" in line 13 of Appendix A -4 relative to Two Hour or All Day with Employee Parking Permits and replacing it with the language "to the intersection with Linden Street." DATE OF PASSAGE SELECTMEN'S SIGNATURES TOWN CLERK OF READING TOWN CORPORATE SEAL 6 6-s� Town of Reading 16 Lowell. Street Reading, MA 01867 -2685 FAX: (781) 942 -9070 TOWN MANAGER Email: town manager&i.reading.ma.us (781) 942 -9043 TO: ASSESSORS OFFICE REQUEST FOR CAD ABUTTERS LIST Subject Property: Address: I%I•✓ C . S'T� '�i�� �... h-.,� Jese,( ?a v"a b v Assessors' Map Lot Applicant: Name: 66 V LA SG h -L— 4 Board or Commission for which this request is made: Board of Selectmen: Liquor License Traffic Regulations Other Date need list by: Z'�1l t j Applicant's Signature: Date: �, U(a FAX: (781) 942 -9070 Email; townmanager @ci.reading.ma.us Town of Reading 16 Lowell Street Reading, MA 01867 -2685 TO: ASSESSORS OFFICE REQUEST FOR ABUTTERS LIST Subject Property: TOWN MANAGER (781) 942 -9043 Address: !.2 Au,4� ST rieo w. 8,,aA-JJ� �T Ta L4 i Assessors' Map Applicant: Name: -�A u L A Sc-�, e A Lot Board or Commission for which this request is made: Board of Selectmen: Liquor License Traffic Regulations Other Date need list by: Z zt j Applicant's Signature:,,,. Date: 2-)11//-3 X67 DOUCETTE DONNA J BUSH LAWRENCE MALCOLM JOHN 145 WOBURN STREET LYNNE S OLSON -BUSH C/O EDWARD BLEE READING, MA 01867 143 WOBURN ST 139 WOBURN ST READING, MA 01867 READING, MA 01867 SURETTE PAUL A ETAL TRS SURETTE RICHARD A ROOT CHARLES W 13 WASHINGTON ST NOMINEE TR DOLORES SURETTE ROSEMARY D ROOT 13 WASHINGTON ST 7 WASHINGTON ST 8 WASHINGTON ST READING, MA 01867 READING, MA 01867 READING, MA 01867 PIMPRALE SATISH S 20 WASHINGTON READING LLC FULGONI KEVIN M PADMAVATI S PIMPRALE A LTD LIABILITY COMPANY MAUREEN A SATERIALE 16 WASHINGTON ST 34 LAKEHILL AVE 28 SUMMER AVE READING, MA 01867 ARLINGTON, MA 02474 READING, MA 01867 TEZAK E SCOTT MASS BAY TRANS AUTHORITY HIGH STREET LIMITED PARTNESHIP ANNE DE MEREE TEZAK 500 ARBORWAY 107 WOBURN ST 123 WOBURN ST BOSTON, MA 02130 READING, MA 01867 READING, MA 01867 TUCKER MARK E GOOD SHEPARD EPISCOPAL CHURCH MASS BAY TRANS AUTHORITY BARBARA A DOMENICI 97 WOBURN ST 500 ARBORWAY 11 MILL ST READING, MA 01867 BOSTON, MA 02130 READING, MA 01867 TOWN OF READING OTEARY DAVID K FORESTER JUDY E BOSTON & MAINE RAILROAD STEPHANIE OTEARY C/O JUDY E FORESTER ETAL TRUSTEES 16 LOWELL ST 91 HIGH ST 24 RICHARDSON ST READING, MA 01867 READING, MA 01867 WAKEFIELD, MA 01880 PERRY EDWARD C BERG ARTHUR W PARSHLEY HARRY W 83 HIGH ST KAREN M BERG LOUANE I PARSHLEY READING, MA 01867 132 MIDDLESEX AVE PO BOX 364 READING, MA 01867 READING, MA 01867 KINTON R CLARK SMITH BRADFORD M RIENZO MARY E DEBRA F KINTON AMY R SMITH AKA /AMY REX SMITH 150 HIGH ST 160 HIGH STREET 156 HIGH ST READING, MA 01867 READING, MA 01867 READING, MA 01867 BAYOU VILLAS HOLDING LLC PUFF DEREK T PAOLINI NANCY C/O JONATHAN D THORN JANE C TICHY 9 ARBORWAY 142 VINE ST 142 HIGH ST READING, MA 01867 READING, MA 01867 READING, MA 01867 PINEROS RODRIGO NELSON RICHARD L GREICHEN JOHN J 10 ARBORWAY SUSAN A NELSON PATRICIA M GREICHEN READING, MA 01867 128 VINE ST 22 DUDLEY STREET READING, MA 01867 READING, MA 01867 LANE BONNIE J DAVIS WILLIAM R YUANHUA TOM TANG CHARLES S SEBOR JR 5 -7 GRAND ST 4230 RANWICK CT 14 DUDLEY ST READING, MA 01867 SAN JOSE, CA 95119 READING, MA 01867 CAVAGNARO LORETTA E HEDBERG CARL J RIVERSIDE COMMUNITY MENTAL P 0 BOX 42 TRUSTEE HEDBERG FAMILY TRUST HEALTH & RETARDATION CENTER IN READING, MA 01867 134 HIGH ST 456 WASHINGTON ST READING, MA 01867 DEDHAM, MA 02026 DIGIOVANNI SUSAN RAND EDITH A DOLAN KEVIN M 36 CHUTE ST 4 GRAND ST JENNIFER A DOLAN READING, MA 01867 READING, MA 01867 10 GRAND ST READING, MA 01867 YOUNG SHEILA K TRUSTEE STOCKWELL FRANK L ETAL (LE) WILSON DAVID J SHEILA K YOUNG NOMINEE TRUST BETH L STOCKWELL ETAL DIANE E WILSON 157 -159 HIGH ST 155 HIGH ST 145 HIGH ST READING, MA 01867 READING, MA 01867 READING, MA 01867 STRONG KEVIN D SCHUMACHER ELIZABETH MACDONALD OWEN W DAWN M STRONG 135 HIGH ST MICHELLE A MACDONALD 149 HIGH ST READING, MA 01867 9 DUDLEY ST READING, MA 01867 READING, MA 01867 DINARDO JAMES A MORRIS STEPHEN BROWN GREGORY K CHRISTINA L DINARDO JULIE C MORRIS ILENE R BROWN 129 HIGH STREET 13 DUDLEY ST 17 DUDLEY ST READING, MA 01867 READING, MA 01867 READING, MA 01867 SMITH ROBERT A HAMER PETER SANSOM DONALD W JANINE L BROWN -SMITH DONNA HEALY -HAMER SUSAN C SANSOM 19 DUDLEY ST 25 DUDLEY STREET 29 DUDLEY ST READING, MA 01867 READING, MA 01867 READING, MA 01867 NIHAN GARY M HICKEY ROGER M BECKER ROBERT L NIHAN MARIAN W BARBARA A HICKEY DONALD H BECKER 33 DUDLEY ST 37 DUDLEY STREET 51 MOUNT VERNON ST READING, MA 01867 READING, MA 01867 READING, MA 01867 VAN HORN WILLIAM R HECHT WILLIAM J JR HALL JAMES L ETAL TRUSTEES BRENDA L VAN HORN LORI J CAVANAUGH THE MURIEL A HALL IRREVOCABLE TRUS 53 MOUNT VERNON ST 57 MT VERNON ST 63 MT VERNON ST READING, MA 01867 READING, MA 01867 READING, MA 01867 MANSFIELD GEORGE A III SALLOP GAIL L KRAVITZ RANDI A ROBERTA E MANSFIELD 71 MT VERNON ST ADAM G HEROUX 67 MT VERNON ST READING, MA 01867 73 MT VERNON ST READING, MA 01867 READING, MA 01867 &C I GREENE ROBERTS STORTI JOHN A III FRECHETTE HENRY M JR 77 MT VERNON ST 123 HIGH ST JUDITH A HODGE READING, MA 01867 READING, MA 01867 117 HIGH ST READING, MA 01867 SINCLAIR CORY DUNCAN LAUTMAN MARY JOELSON AL B ERIN B SINCLAIR 74 MT VERNON ST 72 MT VERNON ST 78 MT VERNON ST READING, MA 01867 READING, MA 01867 READING, MA 01867 WEBSTER KELLY SCHMIDT PATRICK V GENTILE SALLY DAVID WEBSTER ETAL C/O PATRICK DEVANEY C/O SALLY & BRIAN EDMONDS 70 MT VERNON ST 90 MAIN STREET 56 MT VERNON ST READING, MA 01867 NO. READING, MA 01864 READING, MA 01867 SANBORN STEVEN F GARRISON BREVARD S MCLEAN MICHAEL A KAREN A & MARY R SANBORN REGINA M SNYDER DONNA J MCLEAN 54 MOUNT VERNON ST 11 JADEM TERR 103 HIGH ST READING, MA 01867 READING, MA 01867 READING, MA 01867 HOWES PAUL A MACNEIL FRANCIS X (LE) BOVIARD CAROLYN E KATHLEEN M HOWES C/O ROBERT M SEABURY TRUSTEE 42 CHUTE ST 99 HIGH ST 7 KATHLEEN DRIVE READING, MA 01867 READING, MA 01867 WAKEFIELD, MA 01880 YOUNG DONALD C TRUSTEE YOUNG KENNETH E TOSCANO ANN MARIE DONALD C YOUNG EST PLANNING TR OF CATHLEEN J YOUNG C/O ANN MARIE MCGRATH ETAL 50 CHUTE ST 48 MOUNT VERNON ST 111 HIGH ST UNIT 1 READING, MA 01867 READING, MA 01867 READING, MA 01867 SALLOP GAIL L 113 HIGH ST READING, MA 01867 6& /Z) SCHAFFER FREDERICK HAVEN ATLANTIC LLC TOWN OF READING JULIANNE MCKENNEY C/O OAK -RJF C/O URBAN SPACES PARKING LOT 67 WOBURN STREET 10 MCTERNAN ST 16 LOWELL ST READING, MA 01867 CAMBRIDGE, MA 02137 READING, MA 01867 KELLEY TIMOTHY J KELLEY TIMOTHY J HARRIS W RUSSELL ETAL TRS CHRISTINE M KELLEY CHRISTINE M KELLEY HARRIS REALTY TRUST 84 WOBURN STREET 84 WOBURN STREET 90 WOBURN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 TOWN OF READING 41 -49 HIGH STREET LLC 41 -49 HIGH STREET LLC PARKING 5 BISHOP DR 5 BISHOP DRIVE 16 LOWELL ST DANVERS, MA 01923 DANVERS, MA 01923 READING, MA 01867 METHUEN COOPERATIVE BANK FOUR LEAF CLOVER PROPERTIESLL COPPOLA SUSAN E C/O 57 -59 HIGH STREET LLC C/O SEAN MCCARTHY ETAL 100 WOBURN ST 57 HIGH ST 95 HOMESTEAD CIRCLE READING, MA 01867 READING, MA 01867 SOUTH HAMILTON, MA 01982 CONTE VALERIE HIGH STREET LIMITED PARTNESHIP GOOD SHEPARD EPISCOPAL CHURCH C/O SUSAN COPPOLA 107 WOBURN ST 97 WOBURN ST 98 WOBURN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 SHIELDS SUSAN N NORET CHARLES R US OF AMERICA POST OFFICE 89 WOBURN ST CINDY W NORET 136 HAVEN ST READING, MA 01867 15 CHUTE ST READING, MA 01867 READING, MA 01867 READING MASONIC BLDG ASSOC UH LINDEN STREET LLC UH BRANDE COURT LLC PO BOX 521 21 ANGLEWOOD LN 21 ANGLEWOOD LN READING, MA 01867 NORTH READING, MA 01864 NORTH READING, MA 01864 STINCHFIELD ANNE TOWN OF READING COLOMBO ROBERT G ETAL TRS 47 PRESCOTT ST PARKING COLOMBO, O'LEARY & COLOMBO R T READING, MA 01867 16 LOWELL ST 70 HAVEN ST READING, MA 01867 READING, MA 01867 CICCARIELLO PATSY TRUSTEE COLOMBA FRANK J HALL MARK G TRUSTEE LINDEN STREET REALTY TRUST 2 -4 BRANDE CT UNIT A DEPOT REALTY TRUST 597 MAIN ST UNIT B7 READING, MA 01867 286 PARK ST STONEHAM, MA 02180 NORTH READING, MA 01864 COLOMBA GIUSEPPE ETAL TRUSTEES HALL MARK G TRUSTEE HALL MARK G TRUSTEE COLOMBA - BRANDE COURT NOMINEE DEPOT REALTY TRUST DEPOT REALTY TRUST TRUST 286 PARK ST 286 PARK ST 30 FRANKLIN ST NORTH READING, MA 01864 NORTH READING, MA 01864 READING, MA 01867 l l I HALL MARK G TRUSTEE ANASTOS, LLC SPYROU LEONIDAS DEPOT REALTY TRUST C/O READING ORTHODONTICS P.C. 9 COBBLESTONE LANE 286 PARK ST 2 HAVEN STREET SUDBURY, MA 01776 NORTH READING, MA 01864 READING, MA 01867 ZZW REALTY LLC READING EXECUTIVE PLACE, LLC DARDENO PHILIP ETAL TRUSTEES 2 HAVEN ST - UNIT #203 2 HAVEN STREET PRD REALTY TRUST READING, MA 01867 READING, MA 01867 16 RIDGEWAY RD NORTH READING, MA 01864 PELLET AND MIME LLC PELLET & MIME LLC SAMPSON STEPHEN J 2 HAVEN ST UNIT 206 2 HAVEN ST UNIT 206 2 HAVEN ST STE 208 READING, MA 01867 READING, MA 01867 READING, MA 01867 GWT HAVEN REALTY LLC MA YOUSHENG ETAL TRUSTEES YOUSHENG MA 2 HAVEN ST UNIT 301 ALPHA ONE REALTY TRUST HUIBIN P WANG READING, MA 01867 2 HAVEN ST UNIT 303 2 HAVEN STREET READING, MA 01867 READING, MA 01867 LATINA MARK A T.B. DONOVAN LLC STEPHEN VIEGAS TRSTEE HAVEN JUNCTION RLTY TR 42 BOSTON ROCK RD SUSAN C VIEGAS 20 POND MEADOW DR STE 204 MELROSE, MA 02176 2 HAVEN ST #306 READING, MA 01867 READING, MA 01867 GWT HAVEN REALTY LLC HIGH STREET LIMITED PARTNERSHI HIGH STREET LIMITED PARTNERSHI 2 HAVEN ST UNIT 301 107 WOBURN ST 107 WOBURN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 READING CO- OPERATIVE BANK US OF AMERICA ADMR GEN SER US OF AMERICA ADMR GEN SER 180 HAVEN ST SANBORN ST SANBORN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 READING CO- OPERATIVE BANK READING LLC GREEN DONALD M 180 HAVEN ST A MASSACHUSETTS LTD LIABILITY CO AYSE GREEN READING, MA 01867 PO BOX 43 35 COPELAND AVE WILMINGTON, MA 01887 READING, MA 01867 FILLMORE SCOTT N NEW ENGLAND TEL & TEL CO BARILE RALPH A ETAL TRS JANET M FARINHA C/O NYNEX PROP DEPT BEAUFORT REALTY TRUST 25 LINDEN ST PO BOX 152206 11 LINDEN ST READING, MA 01867 IRVING , TX 75015 READING, MA 01867 GUTIERREZ HEIDIE BRONWYN BLUNT RALPH C NORDEN MARILYN FERNANDO GUTIERREZ ADELE F BLUNT MARY CHERKL MS MCGOVERN 12 LINDEN ST 22 LINDEN ST 18 LINDEN STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 I Z KAUFMAN NAOMI J VENEZIANO DANIELE BAROUNIS ANTONIOS 64 WOBURN ST C/O BOSTON REALTY ASSOC. LAMBRINI BAROUNIS READING, MA 01867 1102 COMMONWEALTH AVE 532 TREMONT ST BOSTON, MA 02215 BOSTON, MA 02116 VACCARO CHRISTOPHER R KATHLEEN SMITH VACCARO 57 WOBURN STREET READING, MA 01867 LACORAllA DANIEL R JR CONSTANCE R LACORAZZA 10 MOUNT VERNON ST READING, MA 01867 FIRST BAPTIST CH OF READING 45 WOBURN ST READING, MA 01867 CORY DAVID W ANNEMARIE CONSIDINE CORY 16 MOUNT VERNON ST READING, MA 01867 SMITH ROBERT C TRUSTEE THE ROBERT C SMITH REVOC TR 52 SANBORN ST APT 107 READING, MA 01867 HAGAN STEPHEN E 68 WOBURN ST READING, MA 01867 DOUCETTE KATHERINE ESTATE OF DIGIOVANNI SUSAN C /OSTUART INVESTMENT PROPERTIES LLC 36 CHUTE ST 10 MIDDLESEX AVE READING, MA 01867 WILMINGTON, MA 01887 DOHERTY LAURA A 35 CHUTE ST READING, MA 01867 BARNES CURTIS W DONNAN S BARNES 11 BANCROFT AVE READING, MA 01867 DOUGLASS FUNERAL SERVICE, INC 25 SANBORN ST READING, MA 01867 HOME BDG CORP OF READING COUN KNIGHTS OF COLUMBUS INC 15 SANBORN ST READING, MA 01867 READING CO- OPERATIVE BANK 180 HAVEN STREET READING, MA 01867 SELLERS WILLIAM W ETAL TRS SELLERS OFFICE REALTY TRUST 16 HARCOURT ST #8L BOSTON, MA 02116 FAY BROCK J 69 WOBURN ST READING, MA 01867 DOUGLASS FUNERAL SERVICE, INC 25 SANBORN ST READING, MA 01867 GLS PROPERTIES LLC 34 COOLIDGE AVE HAVERHILL, MA 01832 READING COOPERATIVE BANK 180 HAVEN STREET READING, MA 01867 BIGGART SEAN H JEANNE M BIGGART 14 MT VERNON ST READING, MA 01867 FIRST BAPTIST CH OF READING 45 WOBURN ST READING, MA 01867 MAHER PHILIP R PRISCILLA M MAHER 72 WOBURN ST READING, MA 01867 FOLEY KENNETH J LORI -JEAN FOLEY 41 CHUTE ST READING, MA 01867 PAPADOPOULOS GEORGE A ARGIRO PAPADOPOULOS 79 WOBURN ST READING, MA 01867 22 WOBURN ST LLC PO BOX 936 WILMINGTON, MA 01887 SANBORN ST PROPERTIES LLC 11 BITTERSWEET LN SOUTH HAMILTON, MA 01982 HOME BDG CORP OF READING CNCL KNIGHTS OF COLUMBUS INC 11 SANBORN ST READING, MA 01867 SMITH ROBERT C TRUSTEE THE ROBERT C SMITH REVOC TR 52 SANBORN ST APT 107 READING, MA 01867 6('13 JONES MELVIN CARDEN ROBERT W QUEENEY JAMES G JR JANICE M JONES TRSTS ET AL MARIE L CARDEN PATRICIA A QUEENY 22 MT VERNON ST 24 MT VERNON ST 28 MT VERNON ST READING, MA 01867 READING, MA 01867 READING, MA 01867 BARROS SUSANNE HARDING TRACY A FOYE MARJORIE L TRUSTEE 31 BANCROFT AVE 25 BANCROFT AVE FOYE FAMILY TRUST READING, MA 01867 READING, MA 01867 29 BANCROFT AVE READING, MA 01867 READING, MA 01867 READING, MA 01867 STOSEZ JOHN P GILLIGAN MARILYN T BOUDREAU LORETTA A PO BOX 111 30 BANCROFT AVE 37 MOUNT VERNON ST READING, MA 01867 READING, MA 01867 READING, MA 01867 FAY JOHN R ETAL PERRINO JOHN P WARD JOHN W CAROLYN LAMSON PERRINO KAREN A ANN CAULFIELD WARD 31 MOUNT VERNON ST # 33 18 BANCROFT AVE 14 BANCROFT AVE READING, MA 01867 READING, MA 01867 READING, MA 01867 CALLAHAN SEAN W WALDEN RACHEL S BOVIARD CAROLYN E JULIE A CALLAHAN RICHARD J O'KEEFE 42 CHUTE ST 49 CHUTE STREET 45 CHUTE ST READING, MA 01867 READING, MA 01867 READING, MA 01867 YOUNG DONALD C TRUSTEE YOUNG KENNETH E TUCKER STEPHEN G ETAL TRUSTEES DONALD C YOUNG EST PLANNING TR OF CATHLEEN 1 YOUNG THE TUCKER REALTY TRUST 50 CHUTE ST 48 MOUNT VERNON ST 41 MT VERNON ST READING, MA 01867 READING, MA 01867 READING, MA 01867 FAUCETTE FRANKLIN W FADER ELIZABETH L CLEARY MARIE E VICTORIA FAUCETTE 28 KINGSTON ST 34 KINGSTON ST 35 KINGSTON ST READING, MA 01867 READING, MA 01867 READING, MA 01867 DOHERTY MICHAEL C BARNES JOHN W PEGLER RICHARD 1 OLDITA SEELEY JERI LYNN BARNES 11 MOUNT VERNON ST 38 KINGSTON ST 8 WILDBROOK DR READING, MA 01867 READING, MA 01867 PLAISTOW, NH 03865 SHEA JOSEPH B BEEDE HAROLD 0 ETAL TRS THOMSON WILLIAM C/O PAUL J SOLIMINE THE BEEDE FAMILY IRREVOCABLE T JEAN F THOMSON 15 WALNUT STREET 81 WHEELWRIGHT RD 48 LINDEN ST LYNNFIELD, MA 01940 HAMPSTEAD, NH 03841 READING, MA 01867 SHANNON GEORGE J NUPATH INC FIRST CONGREGATIONAL JUDITH A SHANNON FORMERLY KNOWN AS CMARC CHURCH OF READING 54 LINDEN ST 147 NEW BOSTON STREET 25 WOBURN ST READING, MA 01867 WOBURN, MA 01801 READING, MA 01867 �&/q TRAN MINH WU FAN MANSUETO SALVATORE LY CONG TRAN NANA PAN 5 BANCROFT AVE 78 WOBURN ST 8 BANCROFT AVE READING, MA 01867 READING, MA 01867 READING, MA 01867 GIANNUSA VINCENT J PAULINE A GIANNUSA - VAILLANCOURT 58 LINDEN ST READING, MA 01867 MANSUETO SALVATORE 5 BANCROFT AVE READING, MA 01867 MURPHY SEAN P C/O ALIASGAR Z DAHODWALA 80 WOBURN ST READING, MA 01867 LEONCELLO CONCETTA M 58 LINDEN ST #2 READING, MA 01867 SETH DHIRAJ HARISH KOMAL DHIRAJ SETH 10 BANCROFT AVE READING, MA 01867 HSBC BANK USA NAT'L ASSOC TRUSTEE 501 NW GRAND BLVD OKLAHOMA CITY, OK 73118 LEGAL NOTICE OF)? TOWN OF READING NOTICE OF PUBLIC HEARING 'To the Inhabitants of the :Town of Reading: • Please take notice that the Bdard of Selectmen of the Town 6f•Reading will hold a public -hearing on February 26, 2013 at 1 - 0:00 p. m. in the Sdlectmen's Meeting Room, 16 Lowell Street, Reading, -z Massachusetts on a transfer of -the " Retail Package Goods Stbre License for All Kinds of .-Alcoholic Beverages not to be . Drunk on the Promises from -Reading Fine Wines LLC to Pamplemousse, Inc.' at 676 MAin Street. -A copy of the-proposed doc- urnent regarding this topic is available • in the Town Manager's office, 16 Lowell e.Street, Reading, MA, M-W-* Thurs from 7:30.. 7a - . m. - 5:30 *30 a.m. - p.m., Tues from 7:00 p.m. and is attached to the 'hearing notice on the website at www.readingma.gov . All interested parties are -invited to attend the hearing, or May submit their comments in writing or by email prior to 6:00 ;.p.m. on February 26, 2013 to townirianagergci.readihg.ma.u. S' By order of Peter I. Hechenbleikner Town Manager • 5 b41 e;iiW The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass gov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 101600019 Reading ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions): M New License [:] New Officer /Director F Pledge of License M Transfer of License E] Change of Location E] Pledge of Stock [] Change of Manager [] Alteration of Licensed Premises Transfer of Stock Cordials /Liqueurs Permit Issuance of Stock New Stockholder n For Reconsideration 02/26/2013 Local Approval Date ❑ Change Corporate Name E] Seasonal to Annual Change of license Type E] Other 6-Day to 7 -Day License Management/operating Agreement E] Wine & Malt to All Alcohol Name of Licensee Pamplemousse, Inc. EIN of Licensee D/B /A Manager Diane Manahan i ADDRESS: 676 Main Street CITY/TOWN: Reading STATE EJZIP CODE 01867 Annual Ail Alcohol Package Store Annual or Seasonal Category. (Ax Awwi- wku &Mork wine, Type: wmsteurar-%aub,Padar MaR & Cordials) Stort General On PreMses, EwJ Complete Description of Licensed Premises: square feet of retail space located at 676 Main Street with one front entrance /exit and one emergency exit at the back. Premises includes one , one bathroom, one storage spot and one kitchen. Application Filed: Feb 14,20 1 13 Advertised: Feb 15, 2013 Abutters Notified: Yes No Date & Time Date & Attach Publication Licensee Contact Person for Transaction Diane Manahan Phone: 781- 367 -9232 ADDRESS: F22 Hazel Street CITY/TOWN: Salem STATE MA ZIP CODE 01970 Remarks: The Local Licensing Authorities By: ABCC Remarks: Alcoholic Beverages Control Commission Ralph sacramone • Executive Director ��--L, The Commonweallh of Massachusetts Print Form Alcoholic Beverages Control Commission 1013 FEB 14 AM 11: 56 239 Causeway Street Boston, MA 02114 www. mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON -LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT 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 IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) 101600019 LICENSEE NAME Pamp(emousse, Inc. ADDRESS 676 Main Street CITY/TOWN Reading STATE MA ZIP CODE 01867 1 TRANSACTION TYPE (Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Change Corporate Name ❑ Change of License Type ❑ Change of Location ❑ Cordials /Liqueurs Permit ❑ Issuance of Stock ❑ Management/Operating Agreement ❑ More than (3) 415 ❑ New Officer /Director ❑ New Stockholder ❑ Pledge of Stock ❑ Pledge of License ❑X Transfer of License ❑ Transfer of Stock ❑ Wine & Malt to All Alcohol ❑ 6-Day to 7 -Day License ❑ Change of Manager ❑ New License ❑ Seasonal to Annual ❑ Other I 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 Lt,5 01600019 ABCC License Number Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street, First Floor Boston, MA 02114 PETITION FOR TRANSFER OF OWNERSHIP The licensee Reading Fine Wlnes LLC and the proposed transferee Pamplemousse, Inc. respectfully petition the Licensing Authorities to approve the following transfer of ownership. Reading City/Town Is the PRESENT licensee a Corporation /LLC duly registered under the laws of the Commonwealth of Massachusetts? MR Yes ❑ No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. Name Title Address Stock or % Owned Robert Carp President 188 Needham St, Suite 11 OR, Newton, MA 02464 100% Angela Lordi Vice President 33 Bow Rd, Wayland, MA 01778 50% Is the PROPOSED transferee a Corporation /LLC, duly registered under the laws of the Commonwealth of Massachusetts? n 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 DIRECTOR /LLC Manager.) Name Title Address Stock or % Owned Diane Manahan President 22 Hazel Street, Salem, MA 01970 50% Angela Lordi Vice President 33 Bow Rd, Wayland, MA 01778 50% The above named proposed transferee hereby joins in this petition for transfer of s SIGNATURE OF LAST- APPROVED LICENSEE: rporation/LLC, b its uthorized representative) SIGNATURE OF PROPOSED TRANSFEREE: Date Signed - 4-2013 � 1 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town Reading, MA LICENSEE INFORMATION: A. Legal Name /Entity of Applicant1corporation, LLC or Individual) IPamplemousse, Inc. B. Business Name (if different) : 1- C. Manager of Record: Diane Manahan D. ABCC License Number (for existing licenses only) : 101600019 E.Address of Licensed Premises 676 Main Street City/Town: Reading State: MA Zip: 01867 F. Business Phone: 781 - 944 -4521 G. Cell Phone: H. Email: diane @pmousse.com I. Website: www.pmousse.com J.Mailing address (If different from E.): 18S Essex St City/Town: Salem State: Zip: E::j 2. TRANSACTION: ❑ New License ❑ New Officer/Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Pledge of Stock ❑X Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement ❑ Pledge of License 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 (1): The applicant must attach a vote of the entity authorizing all requested transactions, including the appointment of a Manager of Record or principal representative. 3. TYPE OF LICENSE: ❑ §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On- Premises ❑ §12 Tavern (No Sundays) ❑X §15 Package Store 4. LICENSE CATEGORY: ❑X All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials/Liqueurs Permit S. LICENSE CLASS: ❑X Annual ❑ Seasonal / lD�� 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: Diane Manahan ADDRESS: 22 Hazel Street CITY/TOWN: Salem STATE: MA ZIP CODE: 01970 CONTACT PHONE NUMBER: 781- 367 -9232 FAX NUMBER: 1 978- 745 -4343 EMAIL: Pa pmousse.com DESCRIPTION OF PREMISES: ase provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43. square feet of retail space located at 676 Main Street with one front entrance /exit and one emergency exit at the back. Premises include one one bathroom, one storage spot and one kitchen. Total Square Footage: 900 Number of Entrances: 1 Number of Exits: Occupancy Number: Seating Capacity: /a IMPORTANT ATTACHMENTS (2): The applicant must attach a floor plan with dimensions and square footage for each floor & room. OCCUPANCY OF PREMISES: By what right does the applicant have possession and /or legal occupancy of the premises? Final Lease MPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a egal right to occupy the premises. Other: Landlord is a(n): orporation F Other: Name: Elliot Gould, Boston Reading LLC Phone: 617 -266 -4040 Address: 715 Boylston St City/Town: Boston State: MA Zip: 02116 Initial Lease Term: Beginning Date /1/2013 Ending Date /30/2016 Renewal Term: 2 five year options Rent: 57,992.52 per Year Options /Extensions at: 5 Years Each Rent: 4832.71 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes [-] No pX IMPORTANT ATTACHMENTS(4): 1. If yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in §30 and must submit a completed Personal Information Form attached to this application. 2. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3. If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still provide a lease between the two entities. 6A 9. LICENSE STRUCTURE: The Applicant is a(n): lCorporation If the applicant is a Corporation or LLC, complete the following: State of Incorporation /Organization: MA Is the Corporation publicly traded? Yes ❑ No ❑X Other: Date of Incorporation /Organization: 4/1/2002 10. INTERESTS IN THIS LICENSE: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) and any person or entity with direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS (5): A. All individuals or entities listed below are required to complete a Personal Information Form. B. All shareholders, LLC members or other individuals with any ownership in this license must complete a CORI Release Form. Name All Titles and Positions Specific # of Stock or % Owned Other Beneficial Interest Angela Lordi Vice President 50% Diane Manahan President 50% *If additional space is needed, please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑X No ❑ If yes, list said interest below: Name License Type Licensee Name & Address Angela Lordi §15 Package Store l Pamplemousse, Inc. 185 -189 Essex Street, Salem, MA 01970 Diane Manahan 15 Package Store Pamplemousse, Inc. 185 -189 Essex Street, Salem, MA 0197Q_ *If additional space is needed, please use last page. 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 ❑ No ❑X If yes, list said interest below: Name Licensee Name & Address Date Reason Terminated 13. DISCLOSURE OF LICENSE DISIPLINARY 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 CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A For Individual(s): Are you a U.S. Citizen? Are you a Massachusetts Residents? For Corporation(s) and LLC(s) : PACKAGE STORE LICENSE ONLY: Are all Directors /LLC Managers U.S. Citizens? Are a majority of Directors /LLC Managers Massachusetts Residents? Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑X No ❑ Yes ❑X No ❑ 3. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): ❑ 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? Yes ❑ No CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR TRANS CLUB LICENSE ONLY: For Individual(s): 1. Are you a U.S. Citizen? RESTAURANT, HOTEL, CLUB, GENERAL ON PREMISE, TAVERN, B.) For Corporation(s) and LLC(s) : 1. Are a majority of Directors /LLC Managers NOT U.S. Citizen(s)? 2. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ ��L� 16. COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: B. Purchase Price for Business Assets: 2200,000 C. Costs of Renovations /Construction: 10,000 D. Initial Start-Up Costs: E. Purchase Price for Inventory: F. Other: (Specify) G: TOTAL COST H. TOTAL CASH 1. TOTAL AMOUNT FINANCED 53,000 5,000 2,000 new inventory 00,000 00,000 IMPORTANT ATTACHMENTS (6): Submit any and all records, documents and affidavits including loan agreements that explain the source(s) of money for this transaction. Sources of cash must include a minimum of three (3) months of bank statements. The amounts listed in subsections (H) and (1) must total the amount reflected in (G). (17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): Personal funding from the investment accounts from Angela J. Lordi. Accounts for funding attached. I"If additional space is needed, please use last page. 18. LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED "NOTED IN SUB - SECTIONS 16(I) WILL DERIVE: A. Name Dollar Amount Type of Financing additional space is needed, please use last page. B. 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 138? Yes [] No E] If yes, please describe: r 1 � (D h- Examiner Name Approved C P M R.A. P.C. .tw f, . 1-K The. C1Commontna ftb of ffiaooajcbuoat,5 William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108 -1512 ARTICLES OF ORGANIZATION (General Laws, Chapter 15613) ARTICLE I The exact name of the corporation is: Pamplemousse, Inc. ARTICLE II The purpose of the corporation is to engage in the following business activities: To engage in the business of selling home and kitchen goods, including but not limited to, chilren's toys, jewelry, personal care products, cards, gift wrap and paper products�',edible items; and To carry on any business or other activity which may be lawfully carried on by a corporation organized under the Business Corporation Law of the Commonwealth of Massachusetts, whether or not related to those referred to hereinabove. 0 ra a n c-� to O a 1V rri CD tV tT W Q) c - Note: If the space provided under any article or item on this form is insufficient, additions shall be set forth on one side only of separate 8 112 x 11 sheets of paper with a left margin of at least I inch. Additions to more than one article may be made on a single sheet so long as each article requiring each addition is clearly indicated. ARTICLE III State the total number of shares and par value, if any, of each class of stock which the corporation is authorized to issue. WITHOUTPARVALUE WITH PARVALUE TYPE NUMBEROFSHARES TYPE NUMBEROFSHARES PARVALUE Common: 200,000 Common: Preferred: Preferred: ARTICLE IV If more than one class of stock is authorized, state a distinguishing designation for each class. Prior to the issuance of any shares of a class, if shares of another class are outstanding, the corporation must provide a description of the preferences, voting powers, qualifications, and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. None ARTICLE V The restrictions, if any, imposed by the Articles of Organization upon the transfer of shares of stock of any class are: None ARTICLE VI "Other lawful provisions, if any, for the conduct and regulation of the business and affairs of the corporation, for its voluntary dissolution, or for limiting, defining, or regulating the powers of the corporation, or of its directors or stockholders, or of any class of stockholders: See Continuation sheet 6 •If there are no provisions state None Note. The preceding six (6) articles are considered to be permanent and may ONLY be changed by filing appropriate Articles of Amendment. U ^ II Continuation Sheet 6 6A. SPECIAL PROVISIONS ONE: The board of directors is authorized to make, amend or repeal the bylaws of the corporation in whole or in part, except with respect to any provision thereof which by law, by these articles of organization or by the bylaws requires action by the stockholders. TWO: Meeting of the stockholders of the Corporation may be held anywhere within the United States. THREE: The Corporation may be a partner in any business enterprise which it would have power to conduct by itself. FOUR: No director of the Corporation shall be personally liable to the Corporation or its stockholders for monetary damages for a breach of fiduciary duty as a director notwithstanding any provision of law imposing such liability; provided, however that the foregoing shall not eliminate or limit the liability of a director, to the extent that such liability is imposed by applicable law, (i) for a breach of the director's duty of loyalty to the Corporation or its stockholders, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of the law, (iii) under Sections 61 or 62 of Massachusetts General Laws Chapter 156B, or (iv) for any transaction from which the director derived an improper personal benefit. No amendment to or repeal of any provision of this paragraph, directly or by adoption of an inconsistent provision of these Articles of organization, shall apply to or have any effect on any liability or alleged liability of any director of the corporation for or with respect to any acts or omissions of such director occurring prior to such amendment or repeal. 6B. INDEMNIFICATION ONE: The corporation shall, to the fullest extent permitted by the applicable provisions of Chapter 156B of the Massachusetts General Laws, as amended from time to time, indemnify each person who was or is a party or is threatened to be made a parry to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he is or was, or has agreed to become, a director or officer of the corporation, or is or was serving, or has agreed to serve, at the request of the corporation, as a director or officer of, or in a similar capacity with, another organization or in any capacity with respect to any employee benefit plan of the corporation (all such persons being referred to hereafter as an "Indemnitee "), or by reason of any action alleged to have been taken or omitted in such capacity, against all expenses (including attorneys' fees), judgments, fines and amounts paid in settlement incurred by or on behalf of an Indemnitee in connection with such action, suit or proceeding and any appeal therefrom, unless such Indemnitee shall be finally adjudicated in such action, suit or proceeding not to have acted in good faith in the reasonable belief that his action was in the best interests of the corporation or, to the extent such matter � h I'?,- relates to service with respect to an employee benefit plan, in the best interests of the participants or beneficiaries of such employee benefit plan. TWO: Notwithstanding the provisions of Section one of this Article, in the event that a pending or threatened action, suit or proceeding is compromised or settled in a manner which imposes any liability or obligation upon an Indemnitee in a matter for which such Indemnitee would otherwise be entitled to indemnification hereunder, no indemnification shall be provided to such Indemnitee with respect to such matter if it is determined that such Indemnitee did not act in good faith in the reasonable belief that his action was in the best interests of the corporation or, to the extent such matter relates to service with respect to an employee benefit plan, in the best interests of the participants or beneficiaries of such employee benefit plan. THREE: As a condition precedent to his right to be indemnified, the Indemnitee must notify the corporation in writing as soon as practicable of any action, suit, proceeding or investigation involving him for which indemnity will or could be sought. With respect to any action, suit, proceeding or investigation of which the corporation is so notified, the corporation will be entitled to participate therein at its own expense and/or to assume the defense thereof at its own expense, with legal counsel reasonably acceptable to the Indemnitee. FOUR: In the event that the corporation does not assume the defense of any action, suit, proceeding or investigation of which the corporation receives notice under this Article, the corporation shall pay in advance of the final disposition of such matter any expenses (including attorneys' fees) incurred by an Indemnitee in defending a civil or criminal action, suit, proceeding or investigation or any appeal therefrom; provided, however, that the payment of such expenses incurred by an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the corporation as authorized in this Article, which undertaking shall be accepted without reference to the financial ability of the Indemnitee to make such repayment; and further provided that no such advancement of expenses shall be made if it is determined that the Indemnitee did not act in good faith in the reasonable belief that his action was in the best interests of the corporation or, to the extent such matter relates to service with respect to an employee benefit plan, in the best interests of the participants or beneficiaries of such employee benefit plan. FIVE: All determinations hereunder as to the entitlement of an Indemnitee to indemnification or advancement of expenses shall be made by: (a) a majority vote of a quorum of the directors of the corporation, (b) a majority vote of a quorum of the outstanding shares of stock of all classes entitled to vote for directors, voting as a single class, which quorum shall consist of stockholders who are not at that time parties to the action, suit or proceeding in question, (c) independent legal counsel (who may, to the extent permitted by law, be regular legal counsel to the corporation), or (d) a court of competent jurisdiction. 2 � A 1i SIX: The corporation shall not indemnify an Indemnitee seeking indemnification in connection with a proceeding (or part thereof) initiated by such Indemnitee unless the initiation thereof was approved by the Board of Directors of the corporation. In addition, the corporation shall not indemnify any such Indemnitee to the extent such Indemnitee is reimbursed from the proceeds of insurance, and in the event the corporation makes any indemnification payments to any such Indemnitee and such Indemnitee is subsequently reimbursed from the proceeds of insurance, such Indemnitee shall promptly refund such indemnification payments to the corporation to the extent of such insurance reimbursement. SEVEN: The indemnification rights provided in this Article (i) shall not be deemed exclusive of any other rights to which an Indemnitee may be entitled under any law, agreement or vote of stockholders or directors or otherwise, and (ii) shall inure to the benefit of the heirs, executors and administrators of such Indemnitees. The corporation may, to the extent authorized from time to time by its Board of Directors, grant indemnification rights to other employees or agents of the corporation or other persons serving the corporation and such rights may be equivalent to, or greater or less than, those set forth in this Article. 3 �lIK ARTICLE VII The effective date of organization of the corporation shall be the date approved and filed by the Secretary of the Commonwealth. If a later effective date is desired, specify such date which shall not be more than thirty days after the date of filing. ARTICLE VIII The information contained in Article VIII is not a permanent part of the Articles of Organization. a. The street address (post office boxes are not acceptable) of the principal office of the corporation in Massachusetts is: 99 Washington Street Salem:,.Massachusetts 01970 b. The name, residential address and post office address of each director and officer of the corporation is as follows: NAME President: Diane Robinson Treasurer: Diane Robinson Clerk: Diane Robinson Directors: Diane Robinson RESIDENTIAL ADDRESS POST OFFICE ADDRESS 28 Sylvan Street Melrose, MA 02176 SAME SAME SAME SAME - C. The fiscal year (i.e., tax year) of the corporation shall end on the last day of the month of: December 31 d. The name and business address of the resident agent, if any, of the corporation is: None ARTICLE IX By -laws of the corporation have been duly adopted and the president, treasurer, clerk and directors whose names are set forth above, have been duly elected. IN WITNESS WHEREOF AND UNDER THE PAINS AND PENALTIES OF PERJURY, I /we, whose signature(s) appear below as incorporator(s) and whose name(s) and business or residential address(es) are clearly typed or printed beneath each signature do hereby associate with the intention of forming this corporation under the provisions of General Laws, Chapter 156B and do hereby sign these Articles of Organization as incorporator(s) this ')U day of , 20 > — ( avvi-L- - ' fl WU14,41— Note: If an existing corporation is acting as incorporator, type in the exact name of the corporation, the state or other jurisdiction where it was incorporated, the name of the person signing on behalf of said corporation and the title he /she holds or other authority by which such action is taken. l l l THE COMMON WEALTH OF MASSACHUSETTS ARTICLES OF ORGANIZATION (General Laws, Chapter 156B) I hereby certify that, upon examination of these Articles of Organiza- tion, duly submitted to me, it appears that the provisions of the General Laws relative to the organization of corporations have been complied with, and I hereby-approve said articles; and the filing fee in the amount of $ having been paid, said articles are deemed to have been filed with me this day of 20 Effective date: WILLIAM FRANCIS GALVIN Secretary of the Commonwealth FILING FEE: One tenth of one percent of the total authorized capital stock, but not less than $200.00. For the purpose of filing, shares of stock with a par value less than $1.00, or no par stock, shall be deemed to have a par value of $1.00 per share. TO BE FILLED IN BY CORPORATION Photocopy of document to be sent to: Laurie Hauber, Esq. 294 Washington Street, Suite 443 Boston, Massachusetts 02108 617 - 482 -1145 Telephone: bu� 2/13!13 The Conmorwmalth of MassachuseUs William Francis Galin - Public Browse and Search The Commonwealth of Massachusetts William Francis Galvin y Secretary ofthe Cornmarrvealth, Corporations Division One Ashburton Place, 17th Odor J� l�r•. Boston, MA 02108 -1512 i �>Ers Telephone: (617) 727 -9640 PAMPLEMOUSSE, INC. Summary Screen 0 this f0ml corp.sec. state. maus/ cordcorpsearch /CorpSearchSummarY. asp? ReadFromDB= True&UDdateAllawed=&FEIN= 371422114 / I. 171/2 Request a Certificate The exact name of the Domestic Profit Corporation: PAMPLEMO SSE. INC. Entity Type: Domestic Profs Corporation Identification Number. Old Federal Employer Identification Number (Old FEIN): Date of Organization in Massachusetts: 02/26/2002 Date of Revival: 01/31/2013 Date of Involuntary Dissolution by Court Order or by the SOC: 06/18/2012 Current Fiscal Month I Day: 12131 The location of its principal office: No. and Street: 185 -9 ESSEX ST. City or Town: SALEM State: MA Zip: 01970 Country: !USA If the business entity is organized wholly to do business outside Massachusetts, the location of that office: No. and Street: City or Town: State: Zip: Country: Name and address of the Registered Agent: Name: DIANE ROBINSON MANAHAN No. and Street: 8 CHARLES ST. City or Town: SALEM State: MA Zip: 01970 Country. USA The officers and all of the directors of the corporation: Title Individual Name Address (no PO Box) Expiration First, Middle, Last, Suffix Address, Qty or Town, State, Zip _ Code of Term PRESIDENT DIANE ROBINSON- MANAHAN � .....__ 8 CHARLES ST. NONE SALEM, MA 01970 USA i i r TREASURER DIANE ROBINSON- MANAHAN i 8 CHARLES ST. SALEM, MA 01970 USA corp.sec. state. maus/ cordcorpsearch /CorpSearchSummarY. asp? ReadFromDB= True&UDdateAllawed=&FEIN= 371422114 / I. 171/2 2/13/13 The Common wealth of Massachusetts William Francis Galvin - Public Browse and Search SECRETARY Par Value Per Share DIANE ROBINSON- MANAHAN Total Issued Gass of Stock Enter 0 if no Par of Organization or Amendments g CHARLES ST. Num of Shares Total Par Value SALEM, MA 01970 USA VICE PRESIDENT $0.00000 ANGELA JANE LORDI 50.00 0 33 BOW RD. e WAYLAND, MA 01778 USA DIRECTOR DIANE ROBINSON- MANAHAN t g CHARLES ST. SALEM, MA 01970 USA DIRECTOR ANGELA JANE LORDI ( 33 BOW RD. I WAYLAND, MA 01778 USA NONE NONE business entity stock is publicly traded: _ The total number of shares and par value, if any, of each class of stock which the business entity is authorized to issue: Consent _ Manufacturer _ Confidential Data _ Does Not Require Annual Report Partnership _ Resident Agent _ For Profit _ Merger Allowed Select a type of filing from below to view this business entity filings: ALL FILINGS Administrative Dissolution Annual Report Application For Revival Articles of Amendment . , 1/iew Filmgs New Search , Comments ®2001 -2013 Commonwealth of Massachusetts All Rights Reserved carp. sec. state. mausl corptcorpsearchlCorpSearchSunmary asp ?ReadFromDB= True&UpdateAllowed= &FEIN= 371422114 N. �O��g Par Value Per Share Total Authorized by Articles Total Issued Gass of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Num of Shares Total Par Value Num of Shares CNP $0.00000 200,000 50.00 0 Consent _ Manufacturer _ Confidential Data _ Does Not Require Annual Report Partnership _ Resident Agent _ For Profit _ Merger Allowed Select a type of filing from below to view this business entity filings: ALL FILINGS Administrative Dissolution Annual Report Application For Revival Articles of Amendment . , 1/iew Filmgs New Search , Comments ®2001 -2013 Commonwealth of Massachusetts All Rights Reserved carp. sec. state. mausl corptcorpsearchlCorpSearchSunmary asp ?ReadFromDB= True&UpdateAllowed= &FEIN= 371422114 N. �O��g 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 1 /30th 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 shall 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 1/12th 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 4. 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 Reading. LLC Retail Lease Page I of 7 �h i t (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, !wilding 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 budding 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; Sianaae. 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 1 (the "Maintenance Fee ") payable in monthly installments each month of the Lease Term. for common Boston Reading, LLC Retail Leasc Page -2 of 7 A -7,° 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 in 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 Entrv. 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 to 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 shag 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, LLC Retail Lease Page 3 of 7 bAVI 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 shag 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 Charge. 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 dear 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 lo, 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 workers 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 Boston Reading, LLC Retail Lease Page 4 of 7 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 15. Casualty. 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 untenantable, 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 attomey -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 attomey4n -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 shalt 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 %:) 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 Page i of 7 b Az3 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 material -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 fumish 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 teased 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, shad 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 addtfion 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 shall 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 Reading, LLC Retail Lease Page 6 of 7 J�ZM SCHEDULE 11 TO LEASE AGREEMENT BETWEEN BOSTONREADING LLC & PAMPLEMOUSSE INC Landlord: Tenant: BostonReading LLC Pamplemousse, Inc. 715 Boylston Street 676 Main Street Boston, MA 02116 Reading, MA 01867 Execution Date: To be determined, somewhere around closing of transaction. Landlords Property: 662 -678 Main Street & 12 Woburn Street, Reading, MA Premises: Approximately 2,900 square feet located at 676 Main Street, Reading, MA Lease Start Date: To be determined upon business /tenant purchase of liquor store. Lease End Date: June 30, 2016 Annual Rent: $57,992.52 Taxes: Tenant pays 17% of annual taxes Utilities: Tenant shall pay for all utilities. Tenant will reimburse Landlord for water and sewer. Landlord pays water and sewer bill directly to town. btizs IN WITNESS WHEROF, the undersigned have executed this Lease Agreement by their duly authorized representatives as of the date first above written. Landlord: BostonReading LLC By: ELLIOT GOULD, Manager Tenant: Pamplemousse, Inc. By: Diane Manahan, President b kZ('0 Section 4 Security Deposit: $10,000.00 Section 5 Tenant shall not assign or sublet the premises without Landlord's prior consent. Section 9 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 1 / PAGE 2 OF 3 TO LEASE AGREEMENT BETWEEN BOSTONREADWG LLC & 6 0 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass .gov/abcc 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. 1. LICENSEE INFORMATION: Legal Name of Licensee: Pamplemousse, Inc Business Name (dba): Address: 676 Main Street City/Town: Reading State: MA Zip Code: 101867 ABCC License Number: 101600019 Phone Number of Premise: 81944 -4521 (If existing licensee) 2. MANAGER INFORMATION: A. Name: IDiane Manahan B. Cell Phone Number: 81- 367 -9232 C. List the number of hours per week you will spend on the licensed premises: 4 days 10 am - 5 pm 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Yes ❑X No ❑ B. Date of Naturalization: C- Court of Naturalization: -� (Submit proof of citizenship and /or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A. Do you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages? Yes ❑X No ❑ If yes, please describe: IPamplemousse Inc., 185 -189 Essex St, Salem MA 01970 license number 106400111 B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes ❑ No ❑X If yes, please describe: :. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑X No ❑ If yes, please describe: Pamplemousse In.c, 185 -189 Essex St, Salem MA 01970 license number 106400111 Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): July 1, 2002 - present, Co-Owner /General Manager, Pamplemousse Inc., 185 -189 Fssex Street, Salem, MA 01970 978 - 745 -2900 I hereby swear under the pains and p n (ties of perjury that the information 1 have provided in this application is true and accurate: Signature Date -4 2013 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.massov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: A. Legal Name of licensee Pamplemousse, Inc. C. Address 676 Main Street E. City/Town Reading F. Phone Number of Premise 81- 944 -4521 PERSONAL INFORMATION: B. Business Name (dba) D. ABCC License Number 101600019 (If existing licensee) State MA Zip Code 01867 G. EIN of License A. Individual Name lAngela J. Lordi B. Home Phone Number 81- 223 -4060 C. Address 33 Bow Rd D. City/Town Wayland State MA Zip Code 01778 E. Social Security Number ` F. Date of Birth I G. Place of Employment Iretired 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? yes ❑ No ❑x If yes, as part of the application process, the Individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charees occurred as well as the disposition of the convictions FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Currently own 50% of the business as a passive Investor in corporation. This position will change to a greater percentage after the purchase of this license. IMPORTANT ATTACHMENTS (8): 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 pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date /4/2012 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.massgov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: A. Legal Name of Licensee Pamplemousse, Inc. —� C. Address 676 Main Street B. Business Name (dba) I— I D. ABCC License Number 101600019 (If existing licensee) E. City/Town Reading State MA Zip Code 01867 F. Phone Number of Premise 781- 944 -4521 G. EIN of License PERSONAL INFORMATION: A. Individual Name IDiane Manahan B. Home Phone Number 81- 367 -9232 C. Address 22 Hazel St D. City/Town Salem State MA Zip Code 01970 E. Social Security Number F. Date of Birth G. Place of Employment IPamplemousse, Inc. 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? yes ❑ No ❑x If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must Include the city and state where the charees occurred as well as the disposition of the convictions. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Currently own 50% of the business. This position will change to a smaller percentage after the purchase of this license. IMPORTANT ATTACHMENTS (8): 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 pains ! nd penalties of perjury that the information I have provided in this application is true and accurate; Signature Date /4/2012 ��,3 � APPLICANT'S STATEMENT I, lane Manahan I theElsole proprietor;0 partner; 0 corporate principal; ❑ LLC /LLP member Of IPamplemousse, Inc. I , hereby submit this application for le of Alcoholic Beverages I (hereinafter the "Application "), to the local licensing authority (the "LLA ") and the Alcoholic Beverages 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) 1 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) 1 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) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 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. 1 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) 1 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) 1 understand that all statements and representations made become conditions of the license; (7) 1 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) 1 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) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation oflany license for which this Application is submitted. Signature:1 X J UIV N IMAM A I Date: P- 4-2013 I Title: President 6k31 PLEDGE: (i.e. COLLATERAL FOR A LOAN) Is the applicant seeking approval to pledge the license? Yes ❑x No 1. If yes, to whom: 2. Amount of Loan: 3. Interest Rate: 4. Length of Note: S. Terms of Loan B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes ZX No 1. If yes, to whom: 2. Number of Shares: ) Is the applicant pledging the inventory? E] Yes Ox No If yes, to whom: ORTANT ATTACHMENTS (7): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of Corporation /LLC approving the pledge. 20. CONSTRUCTION OF PREMISES: Are the premises being remodeled, redecorated or constructed in any way ?_If YES, please provide a description of the work being performed on the premises: Yes [] No New wood floors New ceiling tiles New paint New signage 21. ANTICIPATED OPENING DATE: pri( 1, 2013 IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED �A 3z ASSET PURCHASE AGREEMENT By and Among Pamplemousse, Inc. The Buyer And Reading Fine Wines, LLC The Seller Dated as of February 1, 2013 ASSET PURCHASE AGREEMENT bA 33 THIS ASSET PURCHASE AGREEMENT ( "Agreement ") is dated as of the 1st day of February, 2013 by and among Pamplemousse, Inc. at a Massachusetts business corporation with an address at 185 -189 Essex Street, Salem, MA 01970(the "Buyer") and Reading Fine Wines, LLC a Massachusetts limited liability company with an address of 188 Needham Street #11 OR, Newton, Massachusetts 02464, or its nominee as permitted herein (the "Seller" . The Seller desires to sell the assets of the business (hereinafter referred to as "Assets ") known as The Wine Shop of Reading (the "Business'), which Business and assets are located at 676 Main Street, Reading, Massachusetts (the "Premises "), and which shall include, but not be limited to, those items as set forth on the attached Exhibit A, to the Buyer, and the Buyer desires to purchase the Assets of the Seller, upon the terms and subject to the conditions contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties hereto agree as follows: ARTICLE 1 PURCHASE AND SALE OF ASSETS Section 1.01. Purchase and Sale. Subject to the terms and conditions set forth in this Agreement, the Sellers agree to sell to the Buyer, and the Buyer agrees to purchase from the Seller, at the Closing referred to in Article 2 of this Agreement, all of the Assets in exchange for the payment of the Purchase Price as described below. Section 1.02. Calculation and Delivery of Purchase Price. The total purchase price for the Assets (including Inventory except that which is specifically excluded in Schedule E) is Two Hundred and Forty Five Thousand ($245,000.00) Dollars (such aggregate amount, the "Purchase Price"),- Section 1.03. Title: Said Assets are to be conveyed by a good and sufficient bill of sale, running to Buyer (or to a nominee so designated by Buyer in accordance herewith) conveying a good and clear, record and marketable title thereto, free from all encumbrances, pledges, mortgages, conditional sales agreements and other charges, rights and interests of others in the Assets. The bill of sale shall be in the form attached and marked Exhibit D. The Seller agrees to execute such additional documents as are reasonably required to vest title and rights in Buyer, when requested, which may be after the closing. The Assets shall be delivered at the time of closing in the same condition as of the date hereof, reasonable wear and tear excepted. At Closing, Seller may use the purchase money or any portion thereof to clear the title to the Assets of any or all encumbrances, provided that all instruments required are filed in accordance with the Uniform Commercial Code. Section 1.04 Allocation of Purchase Price. The Purchase Price shall be allocated amongst the Assets subsequent to the date hereof but prior to Closing, as reasonably determined by agreement of Buyer's and Seller's accountants using generally accepted accounting methods and with the objective of providing Buyer and Seller with most mutually beneficial allocation practical. Seller and Buyer agree to execute at closing IRS Form 8594, properly completed. Section 1.05 Inventory. Not sooner than three (3) days prior to Closing, Buyer and Seller shall dedicate sufficient time to conduct a full inspection of the resale food, beverage and supply inventory (the "Inventory ") to determine the actual book value thereof as of the week of Closing. Such amount shall be part of the Purchase Price and shall be paid at Closing. Notwithstanding the foregoing, the parties hereby agree that Buyer the Purchase Price shall not include the Inventory listed on Exhibit E. 2 Uk Section 1.06 Deposit. Buyer deposited $500.00 with the Offer, and has deposited an additional $24,000.00 towards the Purchase Price at the time of signing this Agreement (collectively the "Deposit ") to be applied against the Purchase Price at Closing. The Deposit shall be held in escrow, in a non - interest bearing account, by Cottens and Carp Law Offices of Newton, Massachusetts, as escrow agent, subject to the terms hereof. The Deposit shall be duly accounted for at the time of Closing. In the event of any material disagreement between Buyer and Seller, the escrow agent shall retain said Deposit pending instructions mutually given by the Buyer and the Seller, or by a Court of competent jurisdiction, or may deposit the Deposit in an appropriate court in the Commonwealth of Massachusetts and therein commence an action for interpleader or action of similar nature, and the Escrow Agent shall cease to have any other obligations or liabilities hereunder with respect to the funds so deposited. The escrow agent shall have no liability to any party on account of any investment of funds in accordance with this Agreement. The escrow agent shall be protected in acting upon any written notice, statement, certificate, waiver, consent or other instrument or document which the escrow agent reasonably believes in good faith to be genuine. The escrow agent shall not be liable for any error of judgment, or for any act done or step taken or omitted in good faith, or for anything which the escrow agent may do or refrain from doing in connection with this Agreement, except that the escrow agent shall be liable for its own misconduct or negligence. Section 1.07 Buyer's Default Damages. If the Buyer shall fail to fulfill the Buyer's agreements herein, the Deposit made hereunder by the Buyer shall be retained by the Seller as liquidated and exclusive damages for breach of this Agreement by the Buyer, which shall be Seller's sole remedy at law or in equity. Buyer acknowledges that the actual damages in the event of Buyer's default would be difficult to ascertain and that the Deposit (together with interest) is a reasonable forecast of Seller's damages, and is an acceptable method to establish same, regardless of the amount of any subsequent sale price that Seller may receive to sell the Assets after Buyer's default hereunder. Section 1.08 Broker's Commission. Not applicable. Section 1.09 Due Diligence. Buyer has had opportunity to perform such due diligence inspections and investigations of the Assets, Business, Premises, Lease and Seller's financial records and documentation, or having elected not to perform any particular inspection or investigation, Buyer hereby acknowledges he is satisfied with same. ARTICLE 2 CLOSING Section 2.01. Time and Place. The closing of the sale and purchase of the Assets (the "Closin " shall be held at the offices of the Seller's attorney upon the first to occur of (i) within seven (7) days after Buyer has obtained such permits necessary to operate the Business as presently operated, or (ii) on or before May 1, 2013, or at such other time, or at such other place, as the Buyer and the Seller may agree in writing. The date on which the Closing is actually held hereunder is sometimes referred to herein as the Closing Date. It is agreed that time is of the essence. At the Closing, any nominee designated by the Buyer to take title to the Assets succeeds to the rights of Buyer under this Agreement, provided Buyer guarantees such nominee's faithful performance with any and all obligations of Buyer hereunder, which guarantee shall survive closing. f 0 -� Section 2.02. Seller Closing Deliveries. At the Closing, in addition to any other instruments or documents referred to herein, Seller shall deliver the following: (i) A bill of sale as set forth as Exhibit D and any other necessary assignment documents transferring and assigning the Assets to Buyer, free and clear of all encumbrances, liens, security interests, and indebtedness of whatever nature; (ii) Corporate votes /resolutions of Seller, certified by its Secretary, authorizing this Agreement and the transactions contemplated by this Agreement; (iii) A Certificate of Good Standing from the Massachusetts Secretary of the Commonwealth for Seller dated not more than thirty (30) days prior to the Closing; (iv) A certificate of payment/good standing from the Commissioner of Revenue pursuant to Massachusetts General Laws chapter 62C, Section 44(a) and a waiver of tax lien pursuant to Massachusetts General Laws chapter 62C, Section 52; (v) Such other documents, instruments and agreements as are required by this Agreement, or that Buyer may reasonably request to effectuate same. Section 2.03. Buyer Closing Deliveries. On the Closing Date, Buyer will deliver the following to Seller: (i) The Purchase Price; (ii) An Assumption Agreement in form reasonably acceptable to the Seller with respect to the Assumed Liabilities, if any; (iii) Assignment of Lease, in form reasonably acceptable to the Seller; and (iv) Such other documents, instruments and agreements as are required by this Agreement. Section 2.04 Extension/Cancellation. Notwithstanding the time for performance as set forth at Section 2.01, should there be pending or threatened litigation against Seller by any creditor of Seller, as of the time for performance or should all of the Conditions Precedent not have been satisfied or should any of Seller's representations and warranties not be accurate as of the Closing Date or Seller shall not have fully performed under this Agreement, or if Seller is unable to perform as of the Closing Date, then Buyer and Seller shall extend the time for performance a reasonable time given the circumstances but in no event for longer than thirty (30) days, during which time the parties shall use reasonable efforts to perform in accordance with the terms and provisions hereof. If at the expiration of any extended time circumstances causing the extension shall not have been satisfied, Buyer may either accept such title as Seller can convey, or Buyer or Seller may cancel this Agreement, in which event this Agreement shall be null and void and all deposits shall be forthwith refunded. Seller shall not be obligated to spend in excess of $3,000 in satisfying the Conditions Precedent or otherwise using reasonable efforts to perform in accordance herewith, exclusive of the payment of taxes and payoff of liens necessary to clear title to the Assets. Section 2.05 Adjustments. Receivables and payables, ATM and credit card adjustments, water and sewer use charges, telephone bills, heating fuel, rent and additional rent, property taxes and similar charges and adjustments shall be made and apportioned, based on Seller's costs, as of the Closing Date, and the net amount shall be added to, or deducted from, as the case may be, the Purchase Price. If the amounts of any such obligations are not known at the time of Closing, they shall be apportioned on the basis of the prior billings with a reapportionment as soon as the 4 6A3& actual billings can be ascertained. ARTICLE 3 PURCHASE PRICE PAYMENT At Closing, the Buyer shall pay Seller the Purchase Price as follows: 1. Buyer has deposited $500.00 with the Escrow Agent with the Offer; 2. Buyer has deposited an additional $24,000.00 with the Escrow Agent simultaneously, and as a precondition to, execution and enforceability of this Agreement; and 3. At the Closing Buyer shall pay the balance of the Purchase Price by bank check, certified check or wire transfer. Buyer shall pay value of the Inventory to Seller pursuant to Section 1.05. ARTICLE 4 REPRESENTATIONS AND WARRANTIES OF THE SELLERS As a material inducement to Buyer to enter into this Agreement and consummate the transactions contemplated hereby, the Seller represents to the Buyer as follows: Section 4.01 Rights to Sell Outstanding Assets; Approvals; Binding Effect. Seller has obtained all necessary authorizations and approvals to sell the Assets. This Agreement has been duly executed and delivered by the Seller and will constitute the legal, valid and binding obligation of the Seller enforceable against the Seller in accordance with its terms, except as the enforceability thereof may be limited by any applicable bankruptcy, reorganization, insolvency or other laws affecting creditors rights generally or by general principles of equity. Notwithstanding the foregoing, the conveyance of all of the Assets hereunder is not subject to invalidation or rescission under applicable bankruptcy or similar laws. Seller shall use good faith in performing its obligations hereunder. Section 4.02 Title to Assets. As of this date and as of the Closing Date, Seller has and shall have a good title to the Assets being conveyed by the terms of this Agreement and will transfer all such Assets to the Buyer at Closing free and clear of all liens, encumbrances or defects and title to such property shall be so good and clear. Section 4.03 Liabilities. The parties agree no liabilities, debts or obligations of Seller are included in this purchase except as may be specifically listed on the attached Exhibit B, or as may otherwise be specifically assumed by Buyer by separate document executed by the parties at or prior to Closing. The Seller is not a party to nor bound by any written or oral contracts or commitments involving the business except as set forth on Exhibit B. Section 4.04 Legal Existence. The Seller is a duly organized business corporation, validly existing under the laws of the Commonwealth of Massachusetts, and is in good standing with the Massachusetts Secretary of State and Department of Revenue. Section 4.05 Governmental Authority. The Seller currently holds all necessary governmental 5 b �. 3 7 licenses, approvals and permits to operate and to carry on its business as is now being conducted at the Premises. Such licenses and/or permits are in good standing and none have been suspended at any time as of the date of this Agreement. There are no threats or complaints or pending actions known to Seller that could adversely affect or result in loss, suspension or revocation of any such licenses, approvals or permits of Seller. Seller is qualified to do business in all jurisdictions in which it conducts business as of the date of this Agreement to the extent it is required to be so qualified, and shall be so qualified as of the Closing Date. Section 4.06. Claims. There are no known, threatened or pending claims, liens, cease and desist orders, enforcement orders, governmental admonitions or warnings, complaints or litigation by any person or entity against Seller relative to the business that Seller conducts or involving the Assets being sold hereunder, and there is no basis for any such claim Section 4.07 Taxes and Tax Returns. Seller has filed all federal, state, county and local tax returns required to be filed by it as of the date of this Agreement, including but not limited to those with respect to income, withholding, social security, unemployment, franchise, bulk sales, excise taxes, use taxes and sales taxes, and no taxes or assessments are delinquent, as applicable. All tax obligations of the Seller have been paid within their due dates as same may have been extended on valid extensions. Section 4.09 Conformity, The Business conducted by Seller at the Premises is in conformity with applicable regulations, statutes and governmental orders and shall remain in conformity through Closing. Section 4.10 Trademarks, Proprietary Rights, Etc. To Seller's knowledge, the Business being conducted by Seller, and the Assets, do not violate or infringe upon any trade names, trade secrets, patents, trademarks or other proprietary rights of any person; all business is being conducted by Seller exclusively and there are no private licenses or other rights granted by others to Seller that have expiration dates or that might be canceled as a consequence of this sale from Seller to Buyer; no exclusive right to sell product relationship has an expiration date or may be canceled as a consequence of this sale from Seller to Buyer. Notwithstanding the foregoing, Buyer shall be required to secure credit approval based upon Buyer's own creditworthiness, from the various vendors, distributors and suppliers. Buyer agrees to use diligent efforts in securing such credit approvals, and Buyer shall, as of the Closing Date, open utilize any and all vendor, supplier or service accounts necessary to operation of Buyer's business, and shall not utilize Seller's accounts or credit. Section 4.11 Inventories. All of the Inventory items included in the sale are, and, as of the Closing, will be, of a quality and quantity saleable in the ordinary course of the Business. No Inventory items will be sold or disposed of except through sales in the ordinary course of business at profit margins consistent with the experience of Seller in prior years. Section 4.12 Subsidiaries. Seller has no subsidiaries or other business interests as would impair the transferability of the Assets being the subject of this Agreement. Section 4.13. Financial Statements. The books of account and any the financial statements of the Seller prepared by its Certified Public Accountant and provided to Buyer (if any) fairly reflect the financial position of the Seller at the end of the period last reported and the result of its operations during those periods, are complete and correct and represent actual, bona fide 6 ��3ff transactions and have been maintained in accordance with sound business practices. Section 4.14 Condition of Assets. The parties agree the Assets are presently in good repair and condition, and shall be in the same condition at the time of Closing, sales of Inventory made in the ordinary course of business, reasonable wear and tear, and casualty loss only excepted. Within seven (7) days prior to closing Buyer shall inspect the Premises with reasonable advance notice to Seller to confirm the condition of the Assets is consistent herewith. After such inspection, Buyer shall accept the Subject Assets at the closing "as is" and "as found ", except as otherwise set forth in this Agreement. The Assets constitute all of the assets, tangible and intangible, of any nature whatsoever, necessary to operate the Business in the manner presently operated by Seller. Section 4.15 Covenants of Seller. Seller hereby covenants and agrees that: a. At Closing, Seller shall provide Buyer with a good standing certificate, pursuant the Massachusetts Revenue Code, issued by the Massachusetts Department of Revenue. b. From the date hereof until the Closing, Seller will maintain inventory of a quality and quantity consistent with historical practices; maintain its existence in good standing; maintain the general character of its business and conduct its business in its ordinary and usual manner and shall abide by all terms and conditions of the existing Lease without default remaining uncured beyond applicable grace, notice and cure periods as allowed under the Lease; maintain proper business and accounting records; maintain the Premises in its current condition, ordinary wear and tear excepted only; maintain in all material respects presently existing insurance coverage; use all reasonable efforts to preserve its business organization intact and to preserve its good will and licenses, customers, and others having business relationships with it and properly and timely pay all creditors. c. From the date hereof until the time of closing, Seller shall not mortgage, pledge or subject to lien or other encumbrance any of the Assets; and shall not enter into any material agreement, contract or commitment other than in the ordinary course of business. d. Seller shall conduct its business only in the ordinary course, and shall refrain from making any purchase, sale or disposition of any asset or property other than in the ordinary course of business. e. Seller will, as requested by Buyer, use good faith efforts to assist Buyer in its efforts to secure a new lease for the Premises from the landlord/owner of the Premises. Such good faith efforts shall include reasonable communications between Seller and the Landlord, but shall not require Seller expend money or provide guarantees. f. Seller shall use good faith efforts to assist the Buyer, as requested, in the transfer of the Seller's licenses and approvals needed for the operation of the Business by the Buyer. Such good faith efforts shall include reasonable 6A 31 assistance with applications to local and state authorities and communication with government officials, but shall not require Seller expend money or significant time. Section Noncompetition and Nonsolicitation (a) Robert Carp, Esq. and Seller agree that, after the Closing, Buyer shall be entitled to the goodwill and going concern value of the Business and to protect and preserve the same to the maximum extent permitted by law. For these and other reasons and as an inducement to Buyer to enter into this Agreement, Robert Carp, Esq. and Seller hereby agree that for a period of two (2) years after the Closing, Robert Carp, Esq. and Seller will not, directly or indirectly, for his and its own benefit or as an agent for another, carry on or participate in the ownership, management or control of, or the financing of, or consult or otherwise render services to any other present or future business enterprise that competes with Buyer in activities similar to the Business as of the Closing Date anywhere in Middlesex County, Massachusetts. (b) Nonsolicitation. For a period of two (2) years following the Closing, Robert Carp, Esq. and Seller shall not directly or indirectly: (i) solicit the business of any customer of Buyer; (ii) cause, induce or attempt to cause or induce any customer, supplier, licensee licensor, franchisee, employee, consultant or other business relation of Buyer to cease doing business with Buyer to deal with any competitor of Buyer or in any way interfere with its relationship with Buyer; or (ii) cause, induce or attempt to cause or induce any customer, supplier, licensee licensor, franchisee, employee, consultant or other business relation of Seller in existence on the Closing or within the year preceding the Closing to cease doing business with Buyer to deal with any competitor of Buyer or in any way interfere with its relationship with Buyer. (c) Seller hereby agrees to sign a Noncompete and Nonsolicitation Agreement at Closing. 8 �, �, L(t) 4.16 Section 4.17. No representation or warranty or other statement made by Seller in this Agreement, or otherwise in connection with the contemplated transaction herein, contains any untrue statement or omits to state a fact necessary to make any of them, in light of the circumstances in which it was made, not misleading. Section 4.18. Seller does not have any knowledge of any fact that has specific application to Seller (other than general economic or industry conditions) and that may adversely affect the Assets, Business, prospects, financial condition or results of operations of Seller. ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF THE BUYER As a material inducement to Seller to enter into this Agreement and consummate the transactions contemplated hereby, the Buyer represents and warrants to the Seller as follows: Section 5.01 Authority of Buyer. The Buyer has full power and authority to enter into this Agreement and to perform its obligations hereunder. There are no proceedings, judgments, litigation or other matters which are now pending or threatened against Buyer or any nominee which will adversely affect the consummation of the transaction herein contemplated or Buyer's business operations. Buyer may assign all of his rights hereunder to a nominee organized for this purpose, and of which the Buyer is the principal, provided the Buyers shall remain bound to guarantee performance of the obligations as "buyer" hereunder, and in the event said nominee is a business organization then Buyer shall provide reasonable documentation evidencing the good standing and due authority of said nominee and its agents. Buyer shall notify the Seller at least two (2) weeks prior to Closing of the nominee so named. Section 5.02 Ability to Perform. The Buyer has sufficient available funds to perform in accordance with the terms hereof, and in accordance with the dates set forth herein. Buyer shall use good faith in performing its obligations hereunder. Buyer's obligations hereunder are not contingent or conditioned upon securing financing of the Purchase Price, except as to the Inventory pursuant to Section 1.05. Section 5.03 Covenants of Buyer. Buyer hereby covenants and agrees that: a. Buyer will use good faith, diligent efforts to secure, prior to sixty (60) days from the date hereof, a new lease for the Premises from the landlord/owner of the Location, time being of the essence. b. Buyer shall use good faith, diligent efforts to apply for, pursue and obtain such permits, licenses and approvals as are necessary, customary and/or incidental to operate the Businesses at the Premises as presently operated. ARTICLE 6 CONDITION PRECEDENT TO BUYER (S) OBLIGATIONS The obligation of the Buyer to consummate the Closing shall be subject to the satisfaction at or prior to the Closing of each of the following conditions (to the extent noncompliance is not 9 �� ul waived in writing by the Buyer): Section 6.01. Representations and Warranties True at Closing. The representations and warranties made by the Seller in this Agreement shall be true and correct in all material respects at and as of the Closing Date with the same effect as though such representations had been made or given at and as of the Closing Date. Section 6.02. Compliance with Agreement. The Seller shall have performed and complied with, in all material respects, all of its obligations under this Agreement to be performed or complied with by them on or prior to the Closing Date. Section 6.03. Liquor License; Permitting. The Closing is contingent upon Buyer having obtained approval for a retail liquor license, and such other license, permits and approvals, issued by the Town of Reading and/or the Alcoholic Beverages Control Commission (ABCC) as necessary to operate the Business at the Premises as currently operated. If the Buyer is unable after diligent efforts to obtain such license approval at or before the scheduled date and time for Closing, the Buyer may extend the time for performance for up to thirty (30) days in order to obtain said license approval, provided Buyer has given written notice to the Seller on or before the Closing Date. If upon expiration of such time the Buyer is unable to obtain said license approval, this Agreement may be terminated by a signed writing delivered to the Seller at least 24 hours prior to the scheduled or any extended time for performance, all deposits shall be refunded and no party shall have further recourse in law or in equity. Time is of the essence as to Buyer's obligations to obtain necessary permits, licenses and approvals hereunder. Section 6.04. No Material Adverse Change. From the date of this Agreement to the Closing, there shall not have occurred any material and adverse change to the Assets which materially impairs the ability to conduct business or the earning power thereof on the same basis as of this date. Section 6.05. Proceedings and Documents Satisfactory. All proceedings in connection with the transactions contemplated by this Agreement and all certificates and documents delivered to the Buyer in connection with the transactions contemplated by this Agreement shall be reasonably satisfactory in all respects to the Buyer and the Buyer's counsel, and the Buyer shall have received the originals or certified or other copies of all such records and documents as the Buyer may reasonably request. Section 6.06 Real Estate Lease. This Agreement is contingent upon the Buyer obtaining a new lease for the Premises within sixty (60) days from the Date of this Agreement. If the Buyer is unable to obtain such new lease, and upon notice to the Seller as called for herein by 8:00 P.M. of the sixtieth (60'`) day of Buyer's inability to obtain such new lease and Buyer's decision to terminate the Agreement, this Agreement shall be null and void and the Deposit shall be returned to the Buyer without deduction, and there shall be no further recourse between the parties, at law or in equity. Failure to so notify will be a waiver of this contingency, and will not excuse the Buyer from performance hereunder. Section 6.07 Reasonable Access. From this date onward, Buyer and Buyer's agents shall have the opportunity to inspect the Assets and Premises for the purposes of insurance inspection, and to show the property to contractors to take measurements and the like, at reasonable times and a reasonable number of times, and upon at least 24 hours advance notice to Seller, but in any event such access shall not materially interfere with the conduct of Seller's business in so doing. All access by the Buyer or Buyer's agents or representatives shall be at Buyer's sole risk and expense, and Buyer shall indemnify and hold Seller harmless from and against any damage or injury to property or person that shall occur by virtue of Buyer and/or his agents or representatives access to the Premises. This provision shall survive closing or earlier termination/expiration of this Agreement. 10 tv� q z ARTICLE 7 CONDITIONS PRECEDENT TO THE SELLERS OBLIGATIONS The obligation of the Seller to consummate the Closing shall be subject to the satisfaction, at or prior to the Closing, of each of the following conditions (to the extent noncompliance is not waived in writing by the Seller): Section 7.01. Representations and Warranties True at Closing. The representations and warranties made by the Buyer in this Agreement shall be true and correct in all materials respects at and as of the Closing Date, with the same effect as though such representations and warranties had been made or given at and as of the Closing Date. Section 7.02. Compliance with Agreement. The Buyer shall have performed and complied in all material respects with all of its obligations under this Agreement that are to be performed or complied with by it at or prior to the Closing. Section 7.03. Proceedings and Documents Satisfactory. All proceedings in connection with the transactions contemplated by this Agreement and all certificates and documents delivered to the Seller in connection with the transactions contemplated by this Agreement shall be satisfactory in all reasonable respects to the Seller and their counsel, and the Seller shall have received the originals or certified or other copies of all such records and documents as the Seller may reasonably request. Section 7.04. Termination and Release From Lease. Seller shall have received a Termination from the Lease effectively terminating the Lease to the Premises without loss, cost or penalty to Seller or its principal(s). Section 7.05. Liquor License Transfer. Buyer shall have received approval for a retail liquor license issued by the Town of Reading and the Alcoholic Beverages Control Commission (ABCC) as necessary to operate the Business at the Premises. ARTICLE 8 CERTAIN TRANSITIONAL MATTERS Section 8.01. General. Seller shall be responsible for filing all tax returns for the period through the Closing Date. Any accrued tax liabilities through the Closing Date remain the responsibility of the Seller. Section 8.02 Seller's Transitional Assistance. Seller agrees to cause Beena Patel to be reasonably available for a period of one (1) week following the Closing, at the Premises upon request, and at reasonable times and for reasonable periods) to answer questions and provide advice as may be requested by Buyer. Section 8.03 Employees. (a) Seller shall terminate all of its employees effective as of the Closing Date and Buyer shall not assume or have any obligations or liabilities with respect to such terminations, including, without limitation, any severance obligation. Seller acknowledges and agrees that Buyer has the right to interview and discuss employment terms and issues with such employees prior to and after the Closing. Recognizing the valuable contribution of the present employees of the Business to its continuity through and after the Closing Date, I I �� LO Seller agrees to consult with Buyer in a timely manner regarding any proposed staffing changes prior to the Closing, including, but not limited to, hourly pay rates, schedules of hours and days worked or any other conditions of compensation or employment. (b) Seller shall pay all wages and the cost of all fringe benefits provided to its employees (if any) which shall have become due for work performed as of and through the Closing Date, and Seller shall collect and pay all taxes in respect to such wages and benefits. ARTICLE 9 INDEMNIFICATION Section 9.01. Indemnity by the Seller. The Seller agrees to indemnify and hold harmless to Buyer from, against and in respect to(i) any and all claims, losses, expenses, damages, obligations and liabilities (including costs of collection and reasonable attorney's fees) of any kind or nature whatsoever, including any misrepresentation, breach of warranty, or non - fulfillment of any representation, warranty, covenant or agreement of or by Seller in this Agreement, and (ii) any and all claims, losses, expenses, damages, obligations and liabilities of Seller which are not, by the express terms hereof, to be assumed by Buyer including, without limitation, claims resulting or arising from Seller's conduct and operations of the Business or ownership of the assets,that in the foregoing clauses (i) and (ii) are a result from, arise from, or are incurred on or prior to the date of the Closing. Section 9.02. Indemnification by Buyer. The Buyer agrees to indemnify and hold harmless the Seller from , against and in respect to any and all claims, losses, expenses, damages, obligations and liabilities (including costs of collection and reasonable attorney's fees) of any kind or nature whatsoever including any misrepresentation, breach or warranty, or non - fulfillment of any representation, warranty, covenant or agreement of or by Buyer in this 12 � A q q Section 10.13 Venue. The Buyer and Seller agree that, in the event of suit, action or proceeding regarding enforcement of this Agreement, such suit, action or proceeding shall be brought in the Commonwealth of Massachusetts, or the federal courts in the Massachusetts. Section 10.14 Specific Performance. INTENTIONALLY DELETED Section 10.15 Bulk Sales Law. Buyer hereby waives compliance by Seller with any applicable bulk sales law and Seller agrees to make full and timely payment when due of all amounts owed by Seller to its creditors for all obligations and liabilities arising from the period of Seller's ownership and operation of the Business, excluding those accounts or debts disclosed to Buyer for inventory and stock ordered prior to the Closing Date, but not received by the Business until post - closing, and for which appropriate adjustment has not been made in the Purchase Price. Section 10.16 No Partnership or Joint Venture. Nothing herein contained shall be construed to create a partnership or joint venture between Seller and Buyer, or render the Seller in any way responsible for the debts or losses of the Buyer, before or after Closing. Section 10.17 Risk of Loss. The Seller assumes all risks of destruction, loss or damage due to other casualty up to the date of Closing, and in the event that any such loss occurs prior to the Closing which exceeds Five Thousand ($5,000.00) Dollars in damage, the Buyer shall have the right to terminate this Agreement by written notice to the Seller and all payments made hereunder shall be forthwith refunded, all other obligations of the parties hereto shall cease and this Agreement shall be null and void without recourse to the parties hereto. (SIGNATURE PAGE FOLLOWS) 15 6 4 ��, IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have caused this Agreement to be duly executed and delivered as a sealed instrument as of the date and year first above written. BUYER: Pamplemousse, Inc. By: Angela Lordi BUYER: - By: Diane Manahan Its: President SELLER: Reading Fine Wines, LLC Robert Carp By: President and Member 16 �A Z � LIST OF EXHIBITS Exhibit A Assets Exhibit B Liabilities Assumed Exhibit C Seller's Lease Exhibit D Bill of Sale Exhibit E List of Excluded Inventory Items 17. �4 �7 Exhibit A — Assets (included) All Furniture and Fixtures Goodwill Prepayments to Vendors The Seller Business name and all intellectual property rights, including Internet domain names and corresponding licenses with any third party (e.g., Facebook) Equipment Property (excluding Inventory pursuant to Section 1.05) Machinery Hardware and Software Customer Base and Lists Telephone Numbers Fax Numbers Email and Internet Addresses Licenses and permits 1 MasterbiIt 6' Deli case 1 Masterbilt 6' Open Deli case I Beverage Air 3 Glass door R ?I Freezer 8 Glass door Walk -in Beer Cooler & compresser 3 bay sink and grease trap 11 Metro shelves 18' stainless steel table 4 bar stools 4 free standing wine racks Wall Mounted Wine Racks - approx 35 ft. Check -out Station Tasting Bar area with hand sink Deli counter and work station with hand sink Assorted display shelves, hutches and tables I Office desk, 2 hutches and chair 1 HP copier with table I Brother fax machine 2 Dell computer POS stations with battery back -ups Liquor POS software and IC Verify processing software 1 Panasonic Video Surviellance with 4 cameras 1 Digital time delay safe 1 Hobart Commercial dishwasher Assets (excluded) Cash Office computer Accounts Receivable Rental Prepayments/Deposits Trade Accounts Receivable for the period prior to the Closing (ie. checks and notes) Credit card receivables for transactions completed prior to the Closing Date Stock and investments in the name of Seller Insurance refunds Prepaid vendor or contractor deposits Inventory Items set forth in Exhibit E, attached hereto and incorporated by reference herein 18 �I �U Exhibit B — Liabilities Assumed Real Estate Lease —None Employment Agreements —None Operating Equipment Leases and Vendor Contracts: (itemize) 19 to � qq Exhibit C — Lease 20 % k SD Exhibit D —Bill of Sale BILL OF SALE OF PERSONAL PROPERTY KNOW ALL MEN BY THESE PRESENTS THAT Robert Carp (Grantor) IN CONSIDERATION OF $ PAID BY Angela Liordi, et al (Grantee) the receipt whereof is hereby acknowledged, do hereby grant, sell, transfer, and deliver unto the said Grantee the goods and chattels as listed on Exhibit A, which is attached hereto and incorporated herein by reference, with full WARRANTY OF TITLE. To have and to hold all and singular the said goods and chattels to the said Grantee, its executors, administrators, successors and assigns to its own use and behoof forever. And Grantor does hereby covenant with the Grantee that Grantor is the lawful owner of the said goods and chattels; that they are free from all title encumbrances, that Grantor has good right to sell the same as aforesaid; and that Grantor shall warrant and defend the same against the claims and demands of all persons. IN WITNESS WHEREOF, the said Grantor hereunto sets his hand and seal this _ day of , 2010. Signed and Sealed in the Presence of Robert Carp Robert Carp, President and Treasurer 21 &� �( Exhibit E — List of Excluded Inventory 22 �A 5- " LEXINGTON February 4, 2013 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 238 Causeway Street Boston, MA 02114 To whom it may concern, This letter is to verify that the funds to purchase Pamplemousse in Reading, Massachusetts will come from Angela Lordi's investment account at Charles Schwab. Lexington Wealth Management is the Investment Advisor for Angela. She has a net worth of investable assets in excess of $2 million. Please contact me with any further questions at 781 - 860 -7745. Sincerely, q."' /' J-'� �'- V"Z "( Brenda VanderSluis V.P. of Operations 12 Waltham Street 11 Penn Plaza, Suite 2202 Lexington Wealth Management Lexington, MA 02421 New York, NY 10001 800 - 626 -1566 781- 860 -7745 fax 781- 862 -4392 212 -697 -3930 fax 212 -268 -2127 ('A.0 www.lexingtonwealth.com k#j V*- W i l lI ;I twat too ioukl EAI.[ 0 Vlfl� Odm �eK_oock j v.40 OFFICE am �u F- ?LW Pi MUTAou55E v., Apr(Q S71zcer) -(-FADIN� ,vA Board of Selectmen Meeting January 22, 2013 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 6:30 p.m. in the Police Community Room, 15 Union Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob LeLacheur, Office Manager Paula Schena; Finance Committee members Barry Berman, Paul McNeice, Hal Torman, David Greenfield, Paula Perry, Karen Herrick, Jeff Perkins and Jeanne Borawski; Library Trustees David Hutchinson, Alice Collins, Richard Curtis, Cherrie Dubois, Andrew Grimes and Vicki Yablonsky; Library Director Ruth Urell, Superintendent of Schools John Doherty, Assistant Superintendent of Schools Mary Delai, Fred VanMagness, Amy Lannon, Theresa Doyon, Demetra Restuccia, Amy Hennessy, Jeffrey Everson, Aileen Bezarian, Rita Shetzi, Charlene Bazarian, Darlene Mercer Bruen, Meghan Young, Steven Ryan, Charles Dady, Kevin Dady, Vincent Shanley, John T. Moran, Paul Dady, Bill Brown, Oleda Dady, Nancy Daly, Marilyn and Harry Simmon. A motion by Schubert seconded by Bonazoli to go into Executive Session to discuss strategy with respect to the acquisition or sale of real estate and that the chair declares that an open meeting may have a detrimental effect on the negotiating position of the body and to reconvene in Open Session at approximately 7:00 p.m. was approved on a roll call vote with all four members voting in the affirmative. A motion by Dockser seconded by McNeice to go into Executive Session to discuss strategy with respect to the acquisition or sale of real estate and that the chair declares that an open meeting may have a detrimental effect on the negotiating position of the body and to reconvene in Open Session at approximately 7:00 p.m. was approved on a roll call vote with all eight members voting in the affirmative. The Boards reconvened in Open Session and the Library Board of Trustees was called to order. Reports and Comments Public Comment — Bill Brown asked if the Board of Selectmen are going to enforce the law that the Finance Committee make their recommendation to Town Meeting seven days ahead of time. Fred VanMagness noted that Town Meeting is being asked to vote on a specific amount for the Library but there is no mention of the amount in the Warrant Report. 9'�Z' ( Board of Selectmen Minutes — January 22, 2013 — page 2 Darlene Mercer Bruen, a City Council member from Woburn, noted that Woburn worked with Reading to have Mass Highway not do any takings for the 128/93 interchange project. Woburn said no to the electronic billboards and they are strongly against it. She understands the temptation of money but the signs are a distraction and ugly. The billboard company will offer mitigation but there is no value to that if the property values go down. She urged the Board to be a good neighbor and vote against the electronic billboards. Richard Schubert noted that he worked with Darlene for five years on the 128/93 Task Force and thanked her for coming out this evening. Charlene Bazarian submitted a petition with 200 signatures to the Board. Everyone who signed it is against the electronic billboard. She noted that this intersection is known as one of the most dangerous highway intersections and she can't image putting a billboard there. Discussion /Action Items Review STM Article 6 — Library Project Jointly with the Finance Committee and Board of Library Trustees — The Town Manager noted that the Finance Committee met with the Library Board of Trustees at their last meeting and asked for cost of project and the order of magnitude. Library Board of Trustees Chairman David Hutchinson reviewed the process to date. He noted that the Board got estimates of various options, but the costs have risen over the last four years. The project was presented to the State in 2010. The Town needs to approve within six months or we will lose State funding. The library needs improvements that the State deems sufficient so we really can't tweak the design. The cost of the project is $10.1 million plus and additional $4.8 million in soft costs. The Town's cost will be $9.8 million after the State pays $5.1 million. David Hutchinson noted that the Finance Committee wanted to know what would happen if we didn't do the project. The bottom up comparison is that it will take millions to address the needs of the 100 year old building and it would be money poorly spent. Library Director Ruth Urell passed out a list of architect estimates. Selectman Richard Schubert asked what had changed since 2010 and Ruth Urell noted that the hard costs have increased $800,000. The contingency was also very low and when they reviewed the estimates this November they adjusted the cost. There is also the cost of moving and temporary quarters. The Town Manager noted that there was a working group consisting of two architects and an engineer and they agree with the figures. John Arena asked if it would be possible to breakdown the $7,500,000 to renovate the existing building. Richard Smith noted that it won't be much different than what is here and if we take out the State funding there won't be any improvements. Some things cannot be accomplished without the addition. '7Q,v Board of Selectmen Minutes — January 22, 2013 — page 3 David Greenfield noted that this building has needed work for a long time. It has fundamental structural issues and if we take the money out of capital it will be coming out of an already strained budget and we will end up spending millions. He feels it is better to get an override and get in shape for the next 50 years. Barry Berman noted that emergency money is needed every year for Library repairs. It is fiscally prudent to get money from the State. This is our tax payer money coming back to Reading. He doesn't want to leave it on the table. We only get one chance and we should do it right. James Bonazoli noted that he is concerned regarding our lack of methodology and process. This will cost the taxpayers another $40 and if housing is flipping then we will have a school problem. The Town Manager noted that we had no idea of the cost of a temporary location until they started looking. Jean Borawski thanked the Library Board for the additional information. Her concern is for the other capital projects going forward. Town Meeting member Fred VanMagness asked how many different alternatives were considered and asked if we would be better off just straight rebuilding. He noted there are no numbers in the Warrant Report on this Article and he noted that all other projects were done with research. Richard Schubert noted the project has been around for a while and people can make a decision on schematic numbers. David Greenfield noted that Town Meeting will get the information and there is enough information to make a decision. He sees no value in delaying. Bob LeLacheur indicated the plan is to send an email out to Town Meeting with the information. A motion by Berman seconded by Torman for the Finance Committee to accept Article 6 as written as approved by a vote of 8 -0 -0. A motion by Berman seconded by Herrick to adiourn the Finance Committee meeting at 8:40 p.m. was approved by a vote of 8 -0 -0. FY14 Budget — Library — Bob LeLacheur reviewed the Library budget. He noted that the Library Board requests steps plus a 2% COLA. There is no change in staffing. James Bonazoli asked if there will be full staff while they are in the temporary space and Ruth Urell indicated there will be full staff because they will do satellite locations. She also noted that they will spend the full material budget because they have to use all appropriations or lose State funding. John Arena asked if we could get a waiver and Ruth Urell indicated we cannot. David Hutchinson noted that a lot of the materials are replacements. --� a-3 Board of Selectmen Minutes — January 22, 2013 — page 4 Richard Schubert noted that the salary budget shows I% COLA and the Library Board is requesting a 2% COLA. Bob LeLacheur noted that all non -union get the same 1% COLA at a cost of $45,000. Police — Bob LeLacheur noted there is no changes in staffing. RCASA reflects full costs and the $40,795 grant is offset in this budget. Overtime is increased by $5,000. Dispatch — This budget covers the cost of the negotiated contract including a 2% step and 1% COLA. Fire — There are no changes in staffing. Wages are 2% step and I% COLA. Overtime has been increased and there is an increase in ambulance services. Public safety overtime has increased $15,000 - $20,000 per year. Chief Cormier noted that this is a bare bones budget. Overtime has been under budgeted in the past but they manage to the best of their ability. Richard Schubert noted that the Dispatch overtime has stabilized over the years. James Bonazoli asked if our staff of 42 covers our abilities to deal with drug issues because the Town's actions against drug abuse have worked. Chief Cormier indicated we are a model in the area. Fire Chief Greg Burns noted that the Fire Department is fortunate to have the support of the community. The Department of Public Health oversees ambulance services. The Town needs a medical provider to use his license to allow us to give medication. We plan on providing the same level of service. The cost to expand the use of medication to an additional truck is $400. Department of Public Works — Public Works Director Jeff Zager was present. Bob LeLacheur noted that there are two changes in staff — two seasonal employees were restored in Parks /Forestry. Snow and ice has increased. The net average of snow and ice over 10 years is $720,000. The Economic Development Committee is asking that the Town fund the plant watering. Jeff Zager reviewed the success of the recycling program. He also noted that there will be five to six retirements in 2014 so he will be looking at supervisor training programs for employees. Water Enterprise — Bob LeLacheur noted this has increased 3.6% and he suggests using fewer reserves. The actual is 5% more than budgeted and wages have increased 2.6 %. The MWRA's numbers are the same as last years. The water main projects total $25 million if we do them all today, but we will start with $6 million. Stormwater remains at $40 fee per household. C✓ l Board of Selectmen Minutes — January 22, 2013 — page 5 Sewer — Bob LeLacheur noted that he had to juggle the capital plan when the Board added Lewis, Howard and Charles Streets to the sewer replacement plan. Reserves — Bob LeLacheur noted that regeneration is assumed for water and sewer reserves. He is looking at approximately a 5% increase in the next few years. The Board will have to discuss what to do when the rates are set. Review Special Town Meeting Warrant — The Town Manager noted that Article 10 is to amend Section 6.2.2 of the Zoning Bylaw to allow electronic billboards. In 2010 there was a brainstorming session on how to raise revenues and allowing electronic billboards was one idea. The State adopted new regulations allowing electronic billboards. This would require Town Meeting approval: Clear Channel will make an application to the ZBA and the Town will receive a host payment of $50,000 /year and three billboards will be removed — two immediately and land will be donated to the Town. There is one location where an electronic billboard will be allowed and that is the Mobil Station on West Street. CPDC will make their recommendation on Thursday night. Richard Schubert asked what the timeframe is for payments and the Town Manager noted it is the lifetime of the billboard. The Town Manager also noted that the Outdoor Advertising Board will not accept applications from Clear Channel without the Town's support. Harry Simmons, Precinct 4, requested that the Selectmen take this off the Warrant or to table it. He reminded the Board that the woman from Woburn asked us to be considerate. He noted that $50,000 is minuscule to the decrease in property assessments. People don't want 9 feet high billboards. Bob Connors, a Howard Street resident, agreed with Mr. Simmons and noted that area is surrounded by a residential area. Dave Mancuso asked if there have been any conversations with the Assessors and he asked if there is any tax information on this property. He feels the Town needs more information. Demetra Restuccia, 106 Oak Street, noted that location is the gateway into Reading. The Town has planned pedestrian safety to improve downtown and this would send the wrong message. John Germain from James Road noted this is right in his backyard and he is against it. Meghan Young, 40 Oak Street, noted that the light will impact neighbors. This is in stark contrast to what the Town is trying to do. This will fluctuate light intensity 24/7. Karl Weld noted that the highway is the edge of Town for most people. This would pay for adding a teacher each year. He advised that the next time the school has budget cuts, don't complain. ,7ws Board of Selectmen Minutes — January 22, 2013 — page 6 Bill Brown noted that Wilmington will take the revenue. Ben Tafoya indicated he thinks this is a bad idea. We can't take one bad thing from one side of Town and add one bad thing to the other side. He recommends the Board of Selectmen vote against it. He noted that we don't need to commercialize every square inch of the community. John Arena indicated that the question should be put forward to Town Meeting. The packet has letters in support and it should move forward to Town Meeting floor. James Bonazoli noted that the Board worked diligently for new growth at the Finance Committee's request. Mr. Bonazoli also noted that for those people who think $50,000 is a pittance, they should join a committee and see what it's like to cut things out of the budget. He noted there is no growth in our budget. Richard Schubert indicated he has been reading the State regulations and the more he learns the less he likes it. He asked how many would vote yes if it was in their neighbor's yard. He is impressed that the city councilor from Woburn felt strong enough to attend our meeting. He sees this as an opportunity to have Reading added to the list of no billboards. A motion by Bonazoli seconded by Schubert to recommend the subiect matter of Article 6 of the January 28, 2013 Special Town Meeting in the amount of $14,876,698 was approved by a vote of 4 -0 -0. A motion by Bonazoli seconded by Arena to recommend the subiect matter of Article 8 of the January 28, 2013 Special Town Meeting was approved by a vote of 4 -0 -0. A motion by Schubert seconded by Bonazoli to recommend the subject matter of Article 10 of the January 28, 2013 Special Town Meeting failed by a vote of 2 -2 -0 with Tafoya and Schubert opposed. A motion by Bonazoli seconded by Schubert to adjourn the meeting at 10:58 p.m. was approved by a vote of 4 -0 -0. Respectfully submitted, Secretary ��V MAssDEvEtomENT 160 Federal Street February 6, 2013 Boston, Massachusetts 02110 Board of Alderman Tel: 617- 330-2000 Town of Reading 800- 445 -8030 16 Lowell Street Reading, MA 01867 Fax 617 -330 -2001 617 -451 -3429 Dear Members of the Board: L (c W c� www.massdevelopment.com - The Massachusetts Development Finance Agency will be considering final, approval to a capital equipment -lease project to be financed on behalf of Hallmark Health located in Malden, Medford, Melrose, Saugus, Stoneham, Somerville, Revere, Woburn and Reading to be issued pursuant to Chapter 614 of the Massachusetts Acts of 1968. A summary "the project is attached for your information. The Agency's policy is to advise the appropriate local and regional planning agencies to ascertain the relationship of a proposed project to any existing state, local or regional comprehensive plan. The purpose of this letter is to notify you of the project and to request that you advise in the event that the proposed project conflicts with an existing local or regional comprehensive plan. If you would like further information on the project, or if you would like the Agency to consider any comments you may have, please give me a call. \ Sincerely, `� , Deborah Boyce Vice Presidentt Enclosure: Summary cc: Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C. One Financial Center Boston, MA 02111 Attn: Len Weiser - Varon, Esq. DB /jck Q Get Meeting Date: February 14, 2013 HALLMARK HEALTH SYSTEM, INC. REQUEST: To assist the applicant in financing a non - profit project, approval of the proposed project for a MassDevelopment 501(c)(3) Tax- Exempt Lease is requested. BORROWER: PROJECT LOCATIONS: Borrower: Hallmark Health System, Inc. (together with any parent, subsidiary or other affiliate) 170 Governors Avenue Medford, MA 02155 See attached User(s): Melrose - Wakefield Hospital; Lawrence Memorial Hospital; and Facilities owned or leased by Hallmark Health Properties, Inc., Hallmark Health Corporation or Hallmark Health System, Inc. PROJECT: The proposed lease will finance a variety of Hallmark Health System's FY2013 capital budget projects, including (i) the acquisition and installation of various medical, surgical, patient monitoring, HVAC and computer equipment, computer hardware and software, furnishings and fixtures, and related renovations, (ii) construction, renovation, and improvement of nursing residence facilities, Perkins Hall, and other facilities, including the furnishing and equipping thereof, (iii) other routine capital expenditures, renovations and construction, (iv) working capital, and (v) costs of issuance. GUIDELINE ISSUES: SOURCES & USES: BOND AMOUNT: None Sources: Total Uses: Total $20,000;000 EMPLOYMENT: Current employment at project site: Total employment in state: Borrower projected new employment at project site: $20,000,000 $$20,000,000.00 \\ massdevelopment .com\mdfa \boscommon \board materials\2013 February\bonds\hallmark health 2013 oa -fa lease final.docx 2,100 2,100 47 ,O &;Z INSTITUTION: Founded in 1997, Hallmark Health System, Inc. is a community- based, nonprofit healthcare system serving Boston's northern suburbs. The system includes Lawrence Memorial Hospital of Medford and Melrose - Wakefield Hospital, as well as a many other healthcare facilities, services and programs. Hallmark Health Corporation is the parent of Hallmark Health System, Inc. and the following affiliates: Hallmark Health Medical Associates, Inc., Hallmark Health Visiting Nurse Association & Hospice, Inc., LM Long -Term Care Services, Inc., Savin Long -Term Care Corporation, Hallmark Health Properties, Inc., and Hallmark Health Indemnity Professional Services, Ltd. PUBLIC PURPOSE The proceeds of the bond issue and lease will permit Hallmark Health BENEFIT: System, Inc. to provide state -of -the -art care and reduce its borrowing costs. PRINCIPALS: Donna West, Chair James Kaloyanides, First Vice Chair John Keenan, Treasurer Michael V. Sack, President & CEO James A. Nania, Executive Vice President & CFO BOARD ACTION: Approve the resolution authorizing Official Action and Final Approval for a MassDevelopment 501(c)(3) Tax- Exempt Lease. Q &,3 \\ massdevelopment .com\mdfa \boscommon \board materials\2013 february %onds\hallmark health 2013 oa -fa lease final.docx 2 Hallmark Health System, Inc. Project Locations Malden 239 Commercial St. 178 Savin St. Medford 170 Governors Ave. 101 Main St. Melrose 585 Lebanon St. 775, 830 Main St. 8, 18 -24 Porter St. 61, 63, 65 Rowe St. Saugus 480 Lincoln Ave. Stoneham 48 Montvale Ave. Woburn 400 Unicorn Park Dr. Leased or partly -owned facilities: Malden 109 Commercial St. 578 Main St. Melrose 50 Rowe St. Reading 30 New Crossings Road Revere 425 Revere St. Saugus 480 Lincoln Ave. Somerville 645 Broadway Stoneham 41 Montvale Ave. 3 Woodland Road \\ massdevelopment .com\ridfa \boscommon \board materials\2013 february\bonds\hallmark health 2013 oa -fa lease final.docx 3 Schena, Paula From: Sent: To: Cc: Subject: Dear Mr. VanMagness : Hechenbleikner, Peter Wednesday, February 20, 2013 8:04 AM 'Frederick Van Magness' Reading - Selectmen; Schena, Paula RE: Executive Sessions /--!c Qa.s Thank you for sending an email to the Board of Selectmen. The Board has adopted a policy of not sending substantive responses to emails in order to try to stay in compliance with the Commonwealth's open meeting law which prohibits policy discussions by the Board outside of an open public meeting. Please understand that the Board values your input on issues and your correspondence will be included in the materials circulated to the Board prior to its next meeting and it is available as part of the public record. The Board members will have a chance to comment during an upcoming public meeting. If you want to have a personal discussion of the issue with a member of the Board, we hold "office" hours in Reading Town Hall before the first regularly scheduled meeting of each month at 6:30 PM in the first floor conference room. The Board of Selectmen meeting schedule is posted on the web site at www.readingma.gov. Additionally, each of the members of the Board of Selectmen has a listed home phone number: Steve Goldy 781 - 779 -1773 Ben Tafoya 781 - 944 -3178 Rick Schubert 781 - 942 -1617 James Bonazoli 781 - 944 -5116 John Arena 781 - 944 -3664 Thank you again for contacting the Board of Selectmen. Rick Schubert Secretary Reading Board of Selectmen I/c Board of Selectmen - - - -- Original Message---- - From: Frederick Van Magness [mailto:vanmagness @verizon.netl Sent: Tuesday, February 19, 2013 7:29 PM To: Reading - Selectmen Cc: Hechenbleikner, Peter; LeLacheur, Bob Subject: Executive Sessions Good evening, Over the past month or so, the BOS, Fin Com, and School Committee have been meeting collectively behind closed doors in Executive Session on a "secret" project. Allegedly even the mention of the topic could adversely affect negotiations. At least that is what I was told by the BOS when I asked for the topic. While the Executive Sessions have been cloaked under the MGL by saying they are for the sale, lease or purchase of something. Since the School Committee is in attendance, I am not aware of any sale approved for school related properties. So I surmise it might be a eb I purchase or lease by the Schools as a deduction. On Wednesday, Feb. 13th, the local papers had a legal notice requesting Quotations for Designer Services for the renovation of the Woburn Street School, initiated by the Schools as town facilities manager. It is also interesting that the schools do not list this RFQ on their web site under open quotations. To my recollection, we have no Woburn St. School at present and there is no approval to spend any funds on the project, unless it is the subject of the Executive Sessions and the Fin Com is authorizing money at those sessions from their discretionary reserve funds. My points are three fold: First, we just had a heated battle concerning some on the BOS who claimed negotiations were going on behind the scenes with Clear Channel on a billboard. As a taxpayer, I now feel that something of far greater import is going on behind the scenes which is not being divulged to the residents. Some on the BOS fought amongst themselves because of lack of public knowledge on the billboard negotiations, yet similar actions during these Executive Sessions, in my opinion, seem acceptable now to keep residents in the dark for whatever is being discussed. Second, with the Library expansion project upcoming for a vote in early April, it is imperative that residents have ALL the data they need before making a decision. We heard at Town Meeting that anything on elementary space needs was a few years off at the least. Has something changed? I hope the BOS will make public what is going on and quantify potential financial impacts and timing BEFORE the town election. Third, if the topic is the potential purchase or lease of the former Woburn Street School, in my opinion one or more participants who I have seen attend the Executive Sessions potentially should be recusing themselves from even being present due to conflicts of interest or even the appearance of a conflict of interest. For example, I believe the Fin Com Chairman lives right next door. There may be other's with potential conflicts as well. I recognize the need for Executive Sessions to discuss strategy with respect to negotiations. But in this case, it appears everything has been deemed secret. I hope the BOS will reconsider what exactly they can disclose and when, before the upcoming town ballot vote on the Library. Voters deserve nothing less than full and timely transparency. Sincerely, Frederick Van Magness SR 243 Franklin St., Reading Town Meeting Member Pct 8 781 - 944 -0537 96 v