HomeMy Public PortalAbout2018-08-14 TC Mtg Addendum_201811081042329243 :kc::iYEU uy
iOWM c"LE �'S OFFICE
"A7! RTOWN, MASS,
ZQ#B AUG 10 PM 12: 44
1630
Watertown Town Council
Administration Building
149 Main Street
H a Watertown,MA 02472
ELECTED OFFICIALS: Phone: 617-972-6470
Mark S.Sideris, TOWN COUNCIL MEETING
Council President
TUESDAY,AUGUST 14,2018 AT 6:30 P.M.
Vincent J.Piccirilli,Jr., RICHARD E.MASTRANGELO COUNCIL CHAMBER
Vice President& AGENDA
District C Councilor
Caroline Bays
Councilor At Large
Anthony J.Donato,
Councilor At Large 1. ROLL CALL
Susan G.Falkoff,
Councilor At Large 2. EXECUTIVE SESSION—6:30 P.M.
To Consider the Purchase, Exchange, Lease, or Value of Real Property as an
Anthony Palomba, Open Meeting May Have a Detrimental Effect on the Negotiating Position of
Councilor At Large the Public Body—Consideration of Acquisition of Properties for Establishment
Angeline B.Kounelis, of Open Space
District A Councilor
Lisa J.Feltner, 3. RETURN TO SESSION—7:15 P.M.
District B Councilor
4. PLEDGE OF ALLEGIANCE
Kenneth M.Woodland,
District D Councilor 5. PUBLIC FORUM
6. EXAMINATION OF RECORDS OF PREVIOUS MEETINGS
A. Minutes of the June 26, 2018 Special Town Council Meeting
B. Minutes of the June 26,2018 Town Council Meeting
C. Minutes of the July 10,2018 Town Council Meeting
7. PRESIDENT'S REPORT
A Proposed Resolution Regarding the Fiscal Year 2020 Budget Process.
8. PUBLIC HEARINGS
A. Public Hearing and Vote on a Petition for a Grant of Location for NSTAR
Electric Company d/b/a Eversource Energy to Install Approximately 70
Feet of Conduit in Nichols Avenue in Order to Provide Underground
Electric Service to 490 Arsenal Street
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B. Public Hearing and Vote on a M P%W AeRVAAA&ing the Town
Treasurer with the Approval of the Town Manager to Borrow and/or
Expend Monies in the amount of$2,030,900 Under and Pursuant to Chapter
44,Section 7(l)of the General Laws,or Any Other Enabling Authority,and
to Issue Bonds or Notes of the Town Therefor, and that the Amounts
Indicated Below for Each Project Are Estimates and That the Town
Manager May Allocate More Funds to Any One or More of Such Projects,
and Less to Others, So Long As, in the Judgment of the Town Manager,
Each of the Proiects Described Below Can be Completed Within the Total
Appropriation Made by This Order
Project Amount
DPW Equipment $1,618,000
Sewer Dept. Equipment $160,000
Water Dept. Equipment $210,000
Police Equipment $42,900
and Further Ordered That in Accordance with Chapter 44, Section 20 of the
General Laws,Any Premium Received by the Town Upon the Sale of Any
Bonds or Notes Approved by This Order,Less Any Such Premium Applied
to the Payment of the Costs of Issuance of Such Bonds or Notes, May be
Applied to the Payment of Costs Approved by This Order in Accordance
with M.G.L. c. 44, §20, Thereby Reducing the Amount Authorized to be
Borrowed to Pay Such Costs by a Like Amount.
9. MOTIONS, ORDINANCES, ORDER,AND RESOLUTIONS
An Order Accepting a Pedestrian and Bicycle Easement at Property Located at
130 Arsenal Street and Authorizing the Town Manager to Execute the
Acceptance of said Pedestrian and Bicycle Easement
10. REPORTS OF COMMITTEES
A. Ad Hoc Committee on Victory Field Phase 2 Report - Final Report—
Vincent Piccirilli, Chair
ACTION ITEM: That the Town Council Accept the Recommendations
of the Ad Hoc Committee on Victory Field Phase 2
B. Committee on Economic Development and Planning Report Regarding
the Transvortation Network Company Tax — Kenneth M. Woodland,
Chair
ACTION ITEM: That the Town Council Appropriate the 2018
Transportation Network Company Tax Funds to the. Watertown
Transportation Management Association to Partially Fund the Shuttle
Bus Pilot Program
C. Committee on Human Services Report Regarding Affordable Housing in
Watertown—Anthony Palomba, Chair
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D. Committee on Media and Public Ou"reac Report Regarding Increased
Government Participation and Methods of Outreach—Anthony Palomba,
Chair
E. Committee on Personnel and Town Organization Report Regarding a
Salary Adjustment for the Town Council Clerk and Town Auditor and a
Review of the Town Council Salaries—Caroline Bays, Chair
ACTION ITEMS:
A. First Reading of Item: That the Town Council Approve a 2.0%
Salary Adjustment for Fiscal Year 2018 and Fiscal Year 2019 for the
Town Council Clerk
B. That the Town Council Evaluate the performance of the Town
Auditor Using the Most Recently Used Form.
C. That the Town Council Ask the Personnel Director to Provide Salary
Information for Town Councilors from Comparative Communities
F. Committee on Rules and Ordinances Report Regarding the Status of the
Brim Your Own Bags Ordinance (May 21, 2018) — Anthony Donato,
Chair
G. Committee on Rules and Ordinances Revised Report Regarding the
Brim Your Own Bag Ordinance (July 16, 2018)—Anthony J. Donato,
Chair
ACTION ITEM: That the Town Council Adopt the Proposed Changes
to the Watertown Bring Your Own Bag Ordinance, as Outlined in the
Report
* H. Committee on Rules and Ordinances Revised Report Regarding
Revisions to Animal Control Ordinance—Anthony Donato, Chair
ACTION ITEM: That the Town Council Adopt Revisions to Chapter 91,
Watertown Code of Ordinances
1. Committees of the Budget and Fiscal Oversight and Human Services
Report Regarding the Housing Choice Grant Application - Vincent
Piccirilli, Chair, Budget and Fiscal Oversight and Anthony Palomba,
Chair,Human Services
J. Committees on Human Services and Rules and Ordinances Revised
Report Regarding Noise Regulations — Anthony Palomba, Chair
Human Services,Anthony J. Donato, Chair, Rules and Ordinances
11.NEW BUSINESS
12. COMMUNICATIONS FROM THE TOWN MANAGER
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(J''qN CLERK'S OFFICE
WATEIjT0WN. MASS.
13. REQUESTS FOR INFORMATION/REVIEW Qf'l G7 j QF pp"2K"G
MATTERS
14. ANNOUNCEMENTS
15. PUBLIC FORUM
16. RECESS OR ADJOURNMENT
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TOWN COUNCIL ATTENDANCE
MEETING DATE: AUGUST 14, 2018
PRESENT ABSENT
ANTHONY PALOMBA X
VINCENTJ. PICCIRILLI, JR. X
KENNETH M. WOODLAND X
CAROLINE BAYS X
ANTHONY J. DONATO X
SUSAN G. FALKOFF X
LISA J. FELTNER X
ANGELINE B. KOUNELIS ARRIVED AT
6:31 PM
MARK S. SIDERIS, X
COUNCIL PRESIDENT
TOWN COUNCIL ROLL CALL VOTE
MEETING DATE: AUGUST 14, 2018
YES NO PRESENT
VINCENTJ. PICCIRILLI X
KENNETH M. WOODLAND X
CAROLINE BAYS X
ANTHONY J. DONATO X
SUSAN G. FALKOFF X
LISA J. FELTNER X
ANGELINE B. KOUNELIS X
ANTHONY PALOMBA X
MARK S. SIDERIS, X
COUNCIL PRESIDENT
MOTION TO ENTER INTO EXECUTIVE SESSION
1630
Watertown Town Council
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6470
ELECTED OFFICIALS: RESOLUTION#`l2_ R-2018-'7a-
Mark S.Sideris, RESOLUTION ON THE FISCAL YEAR 2020 BUDGET PROCESS
Council President
Vincent J.Piccirilli,Jr., WHEREAS: Article 5 of the Watertown Home Rule Charter sets out a process.for the
Vice President& development and ado tion of the annual operating budget d capital improvement
District C Councilor p p p g g an cap p
program; and
Caroline Bays
Councilor At Large
WHEREAS: As the Town Council wishes to establish a timeline, consistent with the
Anthony J.Donato, Charter,b which it will provide policy guidance to the Town Manager on the
Councilor At Large � Y p p Y$u g
development of the budget and capital improvement program; and
Susan G.Falkoff,
Councilor At Large
WHEREAS: Such a timeline will also give town residents notice of their opportunity to
Anthony Palomba,
Councilor At Large offer input on these important financial matters;
Angeline B.Kounelis,
District A Councilor NOW THEREFORE BE IT RESOLVED: That the Town Council of the City known as
Lisa J.Feltner, the Town of.Watertown establishes the following timeline for the development of the
District B Councilor Fiscal Year 2020 operating budget and capital improvement program:
Kenneth M.Woodland,
District D Councilor 1. The Fiscal Year 2020 Preliminary Budget Overview will be presented to the Town
Council by October 9,2018.
2. The Town Council will adopt its Fiscal Year 2020 Budget Policy Guidelines by
November 27,2018.
3. The proposed Fiscal Year 2020-2024 Capital Improvement Program will be presented
to the Town Council by January 22,2019.
4. The Town Council will adopt its conceptual recommendations on the Fiscal Year
2020-2024 Capital Improvement Program by March 12,2019 subject to the
availability of funds.
93_�q'11
CouOl Member
I hereby.certify that at a regular meeting of the Town Council for which a quorum was
present,the above Resolution was adopted by a vote of Q_ for, D a ainst, and U
present on August 14, 20
Marilyn . Pro novoCouncil Clerk Mark S. Sfderis, Council President
1630=
Watertown Town Council
Administration Building
,ate, 149 Main Street
Watertown,MA 02472
ELECTED OFFICIALS: Phone: 617-972-6470
Mark S.Sideris,
Council President
RESOLUTION#{JY R—2018- 7
Vincent J.Piccirilli,Jr.,
Vice President&
District C Councilor i
BE IT RESOLVED: That the Town Council of the City known as the Town of
Caroline says Watertown hereby approves the petition by NSTAR ELECTRIC Company dba
Councilor At Large Eversource Energy for a Grant of Location to install approximately 70 feet of conduit in
Michael F.Dattoli, Nichols Avenue to provide underground electric service to 490 Arsenal Street.
Councilor At Large
Anthony J.Donato, BE IT FURTHER RESOLVED: That the petitioner shall deposit sufficient cash surety
Councilor At Large as determined by the Superintendent of Public Works to be held in escrow until the
Superintendent of Public Works is satisfied with the condition of repair and restoration of
Anthony Palomba, the street.
Councilor At Large
Angeline B.Kounelis, BE IT FURTHER RESOLVED: That a copy of said petition is forwarded to the Town
District A Councilor Clerk for processing.
Lisa J.Feltner,
District B Councilor
Kenneth M.Woodland,
District D Councilor
o ncil Member
i
I hereby certify that at a regular meeting of the nine member Town couAcil for which a
quorum was present,the above Resolution was adopted by a vote of T for,
against, and present on August 14,2018.
Marily . Pronovost, own Council Clerk MAk S. Sideris,Town Council President
PETITION OF NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY
FOR LOCATION FOR CONDUITS
AND MANHOLES
To the Town Council of the Town of WATERTOWN Massachusetts:
Respectfully represents NSTAR ELECTRIC Company d/b/a Eversource
Energy a company incorporated for the transmission of electricity for lighting,
heating or power, that it desires to construct a line for such transmission
under the public way or ways hereinafter specified.
WHEREFORE, your petitioner prays that, after due notice and hearing as
provided by law, the council may by Order grant to your petitioner permission
to construct, and a location for, such a line of conduits and manholes with the
necessary wires and cables therein, said conduits and manholes to be located,
substantially as shown on the plan made by A. Debenedictis Dated July 28,
2018 and filed herewith, under the following public way or ways of said Town:
Nichols Avenue Southerly from pole 100/3 approximately 200 feet east
of Bigelow Avenue a distance 70 t feet of conduit
W/O #2263282
Hearing Required
NSTAR ELECTRIC COMPANY
d/b/a EVERSOURCE ENERGY
BY
Kelly-Ann Correia, Supervisor
Rights & Permits
Dated this 28th day of July 2018
Town of WATERTOWN Massachusetts
Received and filed 2018
ORDER FOR LOCATION FOR CONDUITS AND MANHOLES
Town of WATERTOWN
WHEREAS, NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY has petitioned
for permission to construct a line for the tramnission of electricity for lighting, heating or
power under the public way or ways of the Town thereinafter specified, and notice has been
given and a hearing held on said petition as provided by law.
It is ORDERED that NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY be and
hereby is granted permission to construct and a location for, such a line of conduits and
manholes with the necessary wires and cables therein under the following public way or
ways of said Town:
Nichols Avenue - Southerly from pole 100/3 approximately 200 feet east of
Bigelow Avenue a distance 70±feet of conduit
W/O#2263282
Hearing Required
All construction work under this Order shall be in accordance with the following
conditions:
1. Conduits and manholes shall be located as shown on the plan made by
A. Debenedictis, Dated July 28, 201S on the file with said petition.
2. Said shall comply with the requirements of existing by-laws and such as may hereafter
be adopted governing the construction and maintenance of conduits and manholes.
3. Company All work shall be done to the satisfaction of the town council or such officer or
officers as it may a7 0 t to supervise the work.
2 S�Mk/P Town Council
3 the Town of
4 WATERTOWN
5
CERTIFICATE
We hereby certify that the foregoing Order was adopted after due notice and a public
hearing as prescribed by Section 22 of Chapter 166 of the General Laws (Ter. Ed.), and any
additions thereto or amendments thereof, to wit:-after written notice of the time and place
of the hearing mailed at least seven days prior to the date of the hearing by the council to
all owners of real estate abutting upon that part of the way or ways upon, along or across
which the line is to be constructed under said Order, as deterramed by the la t preceding
assessment.for taxation, an ppublic hearing held on the I day of
2018 at/F9 J�/i7s'n�a r��f, k/a �r�du n, 7?/ in said Town.
2 5//14 P/ / Town Council
3 the Town of
4 WATERTOWN
5
CERTIFICATE
I hereby certify that the foregoing are true copies of the Order of the Town Council of
toe Town f WATERTOWN, Masssachusetts, duly adopted on the /�d- day of
C/i 2018 and recorded with the records of location Orders of said Town,
'BooYc Page and of the certificate of notice of hearing thereon required by
Section 22 of Chapter 166 of the General Laws (Ter.Ed.) and any additions thereto or
amendments thereof, as the same appear of record.
Attest:
Cleric of the Town of WATERTOWN, Massachusetts
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TOWN COUNCIL ROLL CALL VOTE
MEETING DATE: AUGUST 14, 2018
YES NO PRESENT
LISA J. FELTNER X
ANGELINE B. KOUNELIS X
ANTHONY PALOMBA X
VINCENTJ. PICCIRILLI, JR. X
KENNETH M. WOODLAND X
CAROLINE BAYS X
ANTHONY J. DONATO X
SUSAN G. FALKOFF X
MARK S. SIDERIS, X
COUNCIL PRESIDENT
MOTION TO APPROVE THE LOAN ORDER FOR $2,030,900 (POLICE, DPW, WATER AND
SEWER EQUIPMENT)
'1630��
Watertown Town Council
Administration Building
' 149 Main Street
Watertown,MA 02472
ELECTED OFFICIALS: Phone: 617-972-6470
ORDER# O—2018 -73
Mark S.Sideris,
Council President
Vincent J.Piccirilli,Jr., ORDER APPROVING THE BORROWING OF FUNDS TO PAY
Vice President& COSTS OF VARIOUS CAPITAL IMPROVEMENTS
District C Councilor
Caroline Bays
Councilor At Large ORDERED: That $2,030,900 is appropriated to pay costs of the following capital
Anthony J.Donato, projects:
Councilor At Large
Susan G.Falkoff, Project Amount
Councilor At Large DPW Equipment $1,618,000
Sewer Dept. Equipment $160,000
Councilorr A At Anthonyge Dept.Water De t Equipment $210,000
t Large
Police Equipment $42,900
Angeline B.Kounelis,
District A Councilor
and for payment of all other costs incidental and related thereto, and that to raise this
District B Councilor appropriation Lisa Feltner, ro riation the Town Treasurer, with the approval of the Town Manager, is authorized
pprova
to borrow $2,030,900 under M.G.L. c. 44, §7(1), or any other enabling authority, and
Kenneth M.Woodland, to issue bonds or notes of the Town therefor, and that the amounts indicated above for
District D Councilor
each project are estimates and that the Town Manager may allocate more funds to any one
or more of such projects, and less to others, so long as, in the judgment of the Town Manager,
each of the projects described above can be completed within the total appropriation made by
this order. Any premium received by the Town upon the sale of any bonds or notes approved
by this order, less any such premium applied to the payment of the costs of issuance of such
bonds or notes, may be applied to the payment of costs approved by this order in accordance
with M.G.L. c. 44, §20,thereby reducing the amount authorized to be borrowed to pay such
costs by a like amount.
BE IT FURTHER ORDERED: That a copy of said Order be forwarded to the Town
Auditor and the Town Treasurer.
4Cou c' Member
I hereby certify that at a special meeting of the Town Council for which a quorum
was present,the above resolution was adopted_by a vote of % for, O against
and (I present on August 14, 2018.
Maril W. Pronovost, Council Clerk Mark S. Sideris, Council President
f'1630'�
Watertown Town Council
Administration Building
149 Main Street
Watertown,MA 02472
ELECTED OFFICIALS: Phone: 617-972-6470
Mark S.Sideris,
Council President ORDER#71 0—2018 - 71
Vincent J.Piccirilli,Jr.,
Vice President& An Order Accepting a Pedestrian and Bicycle Easement at Property Located
District C Councilor at 130 Arsenal Street and Authorizing the Town Manager to Execute the
Caroline Bays Acceptance of said Pedestrian and Bicycle Easement
Councilor At Large
WHEREAS, GUGV Union Market Watertown Property Owning LLC (the
Councilorr At Large
Anthony Donato, "Grantor"), is the owner of certain real property situated at 130 Arsenal Street,
described in deeds recorded with the Middlesex South Registry of Deeds in Book
Susan G.Falkoff, 66476, Pages 543, 551, 554 and 557, each recorded on December 4, 2015, and
Councilor At Large further shown as"Lot A"on a certain Consolidation Plan prepared by Allen&Major
Anthony Palomba, Associates, Inc., dated April 4, 2016, and recorded with said Registry of Deeds as
Councilor At Large Plan No. 276 of 2016 (the"Grantor Parcel"); and
Angeline B.Kounelis,
District A Councilor WHEREAS, in connection with Grantor's development of the Grantor Parcel,
Grantor has agreed to grant to the Town a pedestrian and bicycle access easement,
District B Councilor
Lisa Feltner, for recreational purposes,to be located in,on and over certain portions of the Grantor
Parcel (the "Recreational Easement Premises"), as shown on a plan entitled
Kenneth M.Woodland, "Pedestrian, Bicycle &Access Easement," dated July 3, 2018, containing 5 sheets,
District D Councilor prepared by Allen&Major Associates,Inc.,a copy of which is attached hereto;and
WHEREAS,the bicycle and pedestrian easement will connect to adjacent property
to the north, to Birch Road/Walnut Street, and, along Arsenal Street, will be a
segment of the Watertown Community Path, connecting to the Watertown-
Cambridge Greenway at School Street, and terminating .at the Fresh Pond
Reservation in Cambridge.
NOW THEREFORE BE IT ORDERED, that the Town Council of the City
known as the Town of Watertown hereby accepts the Recreational Easement
Premises, on the terms and conditions as set forth in the Grant of Easement
conveying the Recreational Easement Premises to the Town of Watertown;
AND BE IT FURTHER ORDERED,that the Town Council hereby authorizes the
Town Manager to execute the Acceptance to the Grant of Easement conveying the
Recreational Easement Premises to the Town of Watertown.
i
it
U
Co nc' Member
I hereby certify that at a regular meeting of the Town Council for which a quorum
was present,the above Order was adopted by a vote of_9_for,_0_against and_0_
present on August 14,2018.
Marilyn .Pronovost, Council Clerk Mark S. Sid ris, ouncil President
i
i
GRANT OF EASEMENT
This GRANT OF EASEMENT (this "Grant") is entered into as of the day of
, 2018 by and between GUGV UNION MARKET WATERTOWN
PROPERTY OWNING LLC, a Delaware limited liability company("Grantor"), having a
mailing address of 18 Broad Street, Suite 300, Charleston, South Carolina 29401, and the CITY
KNOWN AS THE TOWN OF WATERTOWN, a Massachusetts municipal association
("Town"), having its usual place of business at 149 Main Street, Watertown, Massachusetts
02472.
WITNESSETH:
Reference is made to the following facts which constitute the background to this
instrument:
A. Grantor is the owner in fee simple of that certain real property situated in the
Town of Watertown, Middlesex County, Commonwealth of Massachusetts, described in the
Deeds filed in the Middlesex South Registry of Deeds (the "Relzistrv") in Book 66476, Pages
543, 551, 554, and 557, each recorded on December 4, 2015. Such property is shown as "Lot A"
on that certain Consolidation Plan prepared by Allen&Major Associates, Inc., dated April 4,
2016 and recorded with the Registry as Plan No. 276 of 2016 (the "Grantor Parcel").
B. In connection with Grantor's development of the Grantor Parcel, Grantor has
agreed to grant to the Town certain pedestrian access easements to be located in, on,under and
over certain portions of the Grantor Parcel, as set forth below in this Grant.
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NOW THEREFORE, for the sum of One ($1.00) Dollar paid, and in consideration of the
mutual covenants contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Grantor and the Town hereby agree as follows:
1. Pedestrian and Bicvcle Easement from Grantor to the Town and the Public. Grantor
hereby grants to the Town and to the public, in gross, subject to the terms hereof, the perpetual
non-exclusive right and easement(the "Arsenal Pedestrian and Bicvcle Easement"), in common
with the Grantor, and all tenants and occupants of the Grantor Parcel, to use the easement area
(the "Arsenal Pedestrian and Bicvcle Easement Premises") shown as "Arsenal Pedestrian &
Bicycle Easement Area= 7,820± S.F.,"on the plan entitled"Pedestrian, Bicycle &Access
Easement" dated July 3, 2018, prepared by Allen&Major Associates, Inc., shown on Exhibit A
attached hereto and incorporated herein(the "Easement Plan"), for recreational purposes to
provide pedestrian and bicycle access along Arsenal Street as well as motorized vehicles (e.g.,
motorized wheelchairs and the like) for use by disabled persons ("Arsenal Easement Right").
The Arsenal Easement Right shall not be deemed to include a right to park bicycles (except in
bicycle parking areas that may be designated by Grantor), or motor vehicles, motorcycles, or
other motorized or non-motorized transportation devices within the Arsenal Pedestrian and
Bicycle Easement Premises at any time. Further, the Town and/or any member of the public shall
not place within the Arsenal Pedestrian and Bicycle Easement Premises any improvements or
obstructions. The Town shall, further, have the perpetual non-exclusive right and easement,
within the Arsenal Pedestrian and Bicycle Easement Premises, to use, operate, inspect, maintain,
repair, replace and relocate any and all traffic signals, lighting, and other facilities and
appurtenances related thereto; provided, however, that the Town shall not be permitted to
exercise such right and or use such easement to the extent such exercise or use would adversely
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affect the Grantor Parcel's zoning compliance or otherwise cause the Grantor Parcel to be in
violation of the Special Permit (defined below). Furthermore, to the extent the Town uses,
operates, inspects, maintains, repairs, replaces or relocates any of such facilities or
appurtenances, the Town shall be responsible for maintaining and repairing the same and in the
same manner in which the Town maintains and/or repairs other such similar facilities, at the sole
cost and expense of the Town. The Arsenal Pedestrian and Bicycle Easement shall extend from
the surface of the sidewalks and/or access drives located within the Arsenal Pedestrian and
Bicycle Easement up to a vertical height of ten(10) feet.
2. Shared Access, Rear Access, and Center Access Easement from Grantor to the Town and
the Public. Grantor hereby grants to the Town and to the public, in gross, subject to the terms
hereof, the perpetual non-exclusive right and easement(the "Access Easement"), in common
with the Grantor, and all tenants and occupants of the Grantor Parcel, to use the easement areas
(the "Access Easement Premises," together with the Arsenal Pedestrian and Bicycle Easement
Premises, the "Easement Premises") shown as "Access Easement 1 =20,577± S.F.," "Access
Easement 2 = 6,145± S.F.," and "Center Access Easement= 7,906± S.F.," on the Easement Plan,
for recreational purposes to provide pedestrian and bicycle access upon the Grantor Parcel, as
well as motorized vehicles (e.g., motorized wheelchairs and the like) for use by disabled persons
("Access Easement Right," together with the Arsenal Easement Right, the "Easement Right").
The Access Easement Right shall not be deemed to include a right to park bicycles or motor
vehicles, motorcycles, or other motorized or non-motorized transportation devices within the
Access Easement at any time. Further, the Town and/or any member of the public shall not place
within the Access Easement Premises any improvements or obstructions. The Access Easement
3
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shall extend from the surface of the sidewalks and/or access drives located within the Access
Easement up to a vertical height of ten(10) feet.
3. Grantor's Responsibilities for Easement Premises. The Grantor shall be responsible for
maintaining and repairing the Easement Premises (with the exception of the traffic signals,
lighting and other such facilities where located) in good and safe condition, including keeping
them passable, and free of snow and ice, all such work to be in compliance with any applicable
laws, rules, regulations and/or ordinances and pursuant to such permits and approvals required
by law to perform such work. In the event Grantor fails to comply with this provision, the Town
shall have the right, but shall not be obligated, upon twenty-four(24)hours' notice to Grantor
(except in the event of an emergency), which may be verbal notice, to do such maintenance
and/or repair, at Grantor's expense; provided, however that if completion of performance of
Grantor's obligations under this Section 3 shall be delayed at any time by reason of acts of God,
war, civil commotion, riots, work stoppages arising out of collective bargaining strikes,
unavailability of materials or damage to work in progress by reason of fire or other casualty or
causes beyond the reasonable control of the Grantor(other than financial reasons), then the time
for performance as herein specified shall be appropriately extended by the time of the delay
actually caused.
4. Non-Interference. Subject to the terms of Section 6, below, the Grantor agrees not to
construct, install or place any temporary or permanent buildings, structures, objects or facilities
on or upon the Easement Premises that may interfere with the rights granted hereunder. Any
buildings, structures, objects or facilities located on or upon the Easement Premises, whether
presently existing or constructed hereinafter, in violation of the terms of this provision may be
4
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removed by the Town, at the Grantor's expense, and the Town shall have no obligation to
reconstruct, reinstall or replace the same.
5. Restoration by Town. The Town shall exercise its rights hereunder so as not to
unreasonably interfere with the Grantor's use and operation of the Grantor Parcel, to the extent
practicable. Upon exercise of the rights hereunder, the Town shall restore, as close as reasonably
practicable, the Grantor Parcel and the Easement Premises, subject to the provisions of Section 6
and Section 7 hereof.
6. Reserved Rights. The Easement Right conveyed does not grant the Town any rights on,
across or over any portion of the Grantor Parcel other than the Easement Premises. Grantor, and
all those claiming by, through or under Grantor, reserves the right to continue to use the Grantor
Parcel, including the Easement Premises, in a manner that does not unreasonably interfere with
the Easement Right granted hereunder, including, without limitation: (a)to erect, install,
maintain, repair, replace, reconstruct, and use outside of and along the Easement Premises, such
fences, vegetated buffers, or other measures it deems reasonably necessary or appropriate; (b)to
install, maintain, repair, replace, reconstruct, and use landscaping within the Easement Premises;
(c)to install, maintain, repair, replace, reconstruct, and use vehicular or pedestrian driveways,
parking or loading areas, paths or other access areas within the Easement Premises; (d)to install,
maintain, repair, replace, reconstruct, and use utility lines and appurtenances within the
Easement Premises; (e)to install, maintain, repair, replace, reconstruct, and use any temporary or
permanent buildings, structures, objects or facilities permitted or contemplated by the Special
Permit; (f) to use, or to grant to others the right to use, the Easement Premises for any and all
purposes, provided only that such use shall not unreasonably interfere with the exercise of the
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easement rights granted hereunder; and(g) to temporarily block or interrupt the Easement Right
in order to exercise Grantor's rights and obligations herein.
7. Release. Grantor, and all those claiming by, through or under Grantor, shall be afforded
all of the rights,protections, privileges and benefits granted under Massachusetts General Laws
Chapter 21, Section 17C (or such other state or local law that hereafter affords the same or
similar protections) and as such, Grantor, and all those claiming by, through or under Grantor,
shall not be liable for personal injuries or property damage sustained by members of the public in
connection with the rights granted hereunder including, without limitation, a minor or any other
person on the Easement Premises.
8. Bind and Inure. The rights created hereby shall run with the land and shall be binding
upon and inure to the benefit of the parties, and their respective successors and assigns,
including, in the case of the Town, the public; provided, however, that the Grantor shall only be
responsible hereunder for matters occurring and claims arising during its period of ownership of
the Grantor Parcel. No partner, member, shareholder, trustee, beneficiary, director, officer,
manager, or employee of Grantor, or any partner of Grantor, or any affiliate of Grantor, shall
have any personal liability under this Grant. In addition, no party to this Grant shall have
personal liability under this Grant. In the event any person obtains a judgment against Grantor in
connection with this Grant, such person's sole recourse shall be to the estate and interest of
Grantor in and to the Grantor Parcel. Under no circumstances shall either party have the right to
any indirect, consequential or punitive damages, or any damages relating to lost profits or lost
opportunities with respect to any default by the other party hereto. The Town acknowledges and
agrees that this Grant fully satisfies conditions 13 and 18 of that certain Zoning Board of Appeals
Decision recorded with the Registry in Book 66476, Page 509 (the"Special Permit").
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9. Notice. Any notice hereunder shall be given in writing to the party for whom it is
intended, in person, by certified mail-return receipt requested, or by a recognized expedited
overnight delivery service, at the following address, or such future address as may be designated
by notice in writing:
If to Grantor, addressed to:
GUGV Union Market Watertown Property Owning LLC
c/o Greystar GP I1, LLC
8405 Greensboro Drive, Suite 500
McLean, Virginia 22102
Attention: Brandon Henry
with a copy, mailed under separate cover in the same manner to:
Goulston& Storrs
400 Atlantic Avenue
Boston, MA 02110
Attention: Steven Schwartz, Esq.
If to the Town, addressed to:
Town of Watertown
149 Main Street
Watertown, MA 02472
Attention: Town Manager
10. Permitted Encumbrances. The rights granted herein are subject to all restrictions,
covenants, easements and other encumbrances of record, now existing, to the extent in force and
applicable.
11. Governing Law. This Grant shall be governed by the laws of the Commonwealth
of Massachusetts, as the same may now exist or as may be hereinafter enacted. If any provision
of this Grant, or portions thereof, or the application thereof to any person or circumstance shall,
to any extent, be found to be invalid or unenforceable, the remainder of this Grant, or the
application of such provision, or portion thereof, to any other person or circumstances shall not
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be affected thereby, and such provision of this Grant shall be valid and enforceable to the fullest
extent permitted by law.
12. Relocation. Grantor may relocate any easement, or portions thereof, granted
herein with the written consent of the Town, which consent shall not be unreasonably withheld,
and provided that: any such relocation shall be undertaken in such a manner so as to minimize
any disruption of the use of the Town and the public of the Arsenal Pedestrian and Bicycle
Easement and/or Access Easement for the purpose for which it was granted. Upon completion of
any such relocation and the recording of a plan showing the same, the abandoned easement area
shall automatically be released from its former location and shall attach to its new location.
Grantor shall pay any and all costs and expenses associated with such relocation. In the event of
any approved redevelopment of the Grantor Parcel in which the"Center Access Easement" as
shown on the Easement Plan will be removed or discontinued or will no longer constitute an
outdoor access for the public and the Grantor Parcel's private users, Grantor may remove such
"Center Access Easement" from the Access Easement Premises without the need to relocate the
same.
13. Estoppel. Each party shall, without charge and from time to time, deliver within
twenty(20) days of written request by the other party, a certificate (addressed to the requesting
party and/or its potential lenders, tenants and purchasers) with respect to the status of this Grant
and each party's obligations thereunder.
14. Counterparts. This Grant may be executed in several counterparts, each of which
shall be deemed an original and all such counterparts shall constitute one and the same
instrument. This Agreement shall be recorded with the Registry.
[Signatures on the Following Pages]
639358/WATR/0020
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EXECUTED as a sealed instrument as of the day and year first above written.
GRANTOR:
GUGV UNION MARKET WATERTOWN
PROPERTY OWNING LLC, a Delaware limited
liability company
By:
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF , ss. , 2018
On this day of , 2018, before me, the undersigned notary
public, personally appeared , proved to me through
satisfactory evidence of identification, which were , to be
the person whose name is signed on the preceding document, as of
the GUGV Union Market Watertown Property Owning LLC, and acknowledged to me that he/she
signed it voluntarily for its stated purpose.
Notary Public
Print Name:
My Commission Expires:
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CONSENT AND SUBORDINATION BY LIENHOLDER
MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking
corporation, as holder of the lien on Grantor Parcel pursuant to that certain Mortgage,Assignment
of Leases and Rents, Security Agreement and Fixture Filing dated as of June 30, 2016 given by
GUGV Union Market Watertown Property Owning LLC to Manufacturers and Traders Trust
Company, recorded with the Middlesex South Registry of Deeds at Book 67546, Page 300 (as
same may be amended from time to time,the"Mort2a2e"), consents to the terms of the foregoing
Grant of Easement and further confirms that the lien and security interests evidenced by the
Mortgage are and shall be and remain subject and subordinate in all respects to the terms and
provision of the Grant of Easement.
MANUFACTURERS AND TRADERS TRUST
COMPANY, a New York banking corporation
By:
Its:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF z ss. , 2018
On this day of , 2018, before me, the undersigned notary
public, personally appeared , proved to me through
satisfactory evidence of identification, which were , to be
the person whose name is signed on the preceding document, as of
Bank, and acknowledged to me that he/she signed it voluntarily for
its stated purpose.
Notary Public
Print Name:
My Commission Expires:
[Town signatures on next page]
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ACCEPTANCE OF GRANT OF EASEMENT
On this day of , 2018, the Town of Watertown, acting by and
through its Town Manager pursuant to the vote taken by the Town Council on ,
2018, a certified copy of which is attached hereto as Exhibit B, hereby accepts the foregoing
Grant of Easement granted to the Town by Grantor.
TOWN:
CITY KNOWN AS THE
TOWN OF WATERTOWN
Name: Michael J. Driscoll
Title: Town Manager
Hereunto duly authorized
Approved as to form by Town Attorney:
Name: Mark R. Reich
Title: Town Attorney
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this day of , 2018, before me, the undersigned notary public,
personally appeared Michael J. Driscoll, the Town Manager of the City Known as the Town of
Watertown,proved to me through satisfactory evidence of identification which was
to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its stated purpose on beahalf
of the City Known as the Town of Watertown.
Notary Public
My Commission Expires:
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EXHIBIT A
EASEMENT PLAN
A-!
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EXHIBIT B
TOWN COUNCIL VOTE
B-1
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