Ipswich Requests Information

As of May 20, 2013 Attorney Allison, representing the Town, has requested an inspection of the Old Town Hall property as well as all documents concerning the property and related transactions and actions.

As of July 3, 2013 Entertainment Management Corporation has not responded.

I have a "clean" copy of the 3 page filing which i will send to you on request; meantime the full text (messy format used by the Court's method of preparing documents) is here, below.

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COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT DE] 'ARTMENT
CIVIL ACTION NO. 13- 89-B
v.
l.
t.:
TOWN OF IPSWICH,
Plaintiff,
ENTERTAINMENT MANAGEMENT CORP.
and IPSWICH RE HOLDINGS LLC,
Defendants
PLAINTIFF'S FIRST REQUEST FOR THE INSPECTION OF PRQPERTY AND
PRODUCTION OF DOCUMENTS
TO DEFENDANT ENTERTAINMENT MANAGEMENT CORPI:)RA TION
Introduction
Pursuant to Mass. R. Civ. P. 34, Town ofIpswich ("Town") requests Hat Entertainment
Management Corp. (a) permit inspection of the property identified in this Request and (b)
produce the requested documents at the offices of Anderson & Kreiger LLP w thin 30 days.
DEFINITIONS
1. This Request incorporates by reference the uniform definitions .n Superior Court
Standing Order 1-09.
2. "Building" means the Unitarian Church building of the Greek Fevival style,
constructed in approximately 1833, that is located on the Property and was fornerly used as
Town Hall.
3. "Mortgage Agreement(s)" mean the agreement or agreements between Ipswich
Holdings, Live North Ventures LLC, and North Shore Bistro LLC and the Northern Bank &
Trust Company of Woburn, Massachusetts, which are recorded with the South ern Essex Registry
of Deeds in Book 29275, Pages 271 and 300.
4. "Preservation Restriction" means the Preservation Restriction l' .greement
executed August 30, 2006 and approved by the Acting Executive Director of the Massachusetts
Historical Commission on October 6, 2006, which was recorded with the Sout iern Essex
Registry of Deeds in Book 26180, Page 575.
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5. "Property" means the parcel of land at 30 South Main Street in lpswich, MA,
which was conveyed by the Town to Ipswich Holdings by deed dated August .4,2006, recorded
with the Southern Essex Registry of Deeds in Book 26050, Page 36.
6. "Proposal" means the proposal submitted by EMC in response 0 the Town's
RFP.
7. "P&S" means the Purchase and Sale Agreement for the conveyance of the
Property executed by the Town (as seller) and EMC (as buyer) on July 25, 20C5.
8. "RFP" means the Request for Proposals for purchase of the Pro oerty and reuse of
the Building issued by the Town on July 29,2004.
9. "Special Permit and Site Plan Review Approval" means the Spe cial Permit and
Site Plan Review approval issued to EMC by the Ipswich Planning Board on 1\, ray 17, 2006.
10. "Violation Notice" means the violation notice and order for an unsafe structure
issued to Ipswich Holdings by the Building Inspector of the Town ofIpswich i 1October 2010.
INSTRUCTIONS
In responding to this Request, please comply with all applicable require ments of Mass. R.
Civ. P. 34 and Standing Order 1-09. Please produce electronically stored infornation in a
reasonably usable form.
REQUEST FOR INSPECTION
The Town requests that its attorneys, consultants and other designated (gents be
permitted to enter the Property and the Building within 14 days of Defendant's written response
to this request for the purpose of inspection in accordance with Mass. R. Civ. P. 34(a)(2).
DOCUMENT REQUESTS
1. All documents concerning the Property.
2. All documents concerning the Building.
3. All documents concerning the RFP.
4. All documents concerning the Proposal.
5. All documents concerning the P&S.
6. All documents concerning the Special Permit and Site Plan Review Approval.
7. All documents concerning the Preservation Restriction.
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8. All documents concerning renovation, repair, maintenance or 0 her work
performed on the Building.
9. All documents concerning damage to the Building.
10. All documents concerning use of the Building.
11. All documents concerning funds expended on the Building.
12. All documents concerning the Mortgage Agreement(s).
13. All documents concerning any appraisal of the Property or the Building.
14. All documents concerning the Violation Notice.
TOWN OF IPSWICH,
By its attorneys,
-:» -~
George A~ Jr. (BBois44493)
Melissa C. Allison (BBO~t 657470)
Rebekah Lacey (BBO#6T,908)
ANDERSON & KREIGE ~, LLP
One Canal Park, Suite 20C
Cambridge, MA 02141
Tel (617) 621-6500
Fax (617) 621-6501
ghall@andersonkreiger.cO'm
Dated: May 20, 2013
CERTIFICATE OF SERVICE
I certify that I served this Request on the other panics by first class mail 10 their cour ;el of record
on this 20th day of May 2013. ~ ~
Melis C. Allison
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