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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 I 1 of 4 I I BY i.ow?l C1 wRWS OF IEE f AIERTOWN, MISS 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 2 of 4 i Li�/1'i VIATE TOWN, H,{SS gIG, 10 4? 1: 02 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 3 of 4 EC iVE: Y (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 4 of 4 i 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 V„��_�� � A•�RX" Rkkhd ddd4d4d c . n : !i �• 3��k Ad ddkkdtlil 9dkd it.kk m IWII . • �i1Raa ? a-RXlla -s (�1 iXXN" pm, u1 Z O � N 68Bi QVVN 8 ' 8 N �i Zo UU NtY80 1 S a- Y g b x U m Q� d foils I IgiAM g € n o d _ a Q PRO 91 m 7 a 0SY$" � 6 �S3 1 • N LLI < I IR I LL i Z M J z 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. Error!Unknown document property name. 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 2 Error!Unknown document property name. 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 Error!Unknown document property name. 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 Error!Unknown document property name. 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 s Error!Unknown document property name. 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"). 6 Error!Unknown document property name. 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 7 Error!Unknown document property name. 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 8 Error!Unknown document property name. 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: Error!Unknown document property name. 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] Error!Unknown document property name. 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: Error!Unknown document property name. EXHIBIT A EASEMENT PLAN A-! Error!Unknown document property name. EXHIBIT B TOWN COUNCIL VOTE B-1 Error!Unknown document property name.