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HomeMy WebLinkAbout2018-12-17 BOS Packet - Released SEEECTMEN'S MEETING Monday, December 17, 2018 Town Office Building, 1625 Mass Ave. Selectmen's Meeting Room 6:45 PM AGENDA EXECUTIVE SESSION 1, Exemption 3: Collective Bargaining Update - Police Superior Officers (15 min.) 6:45 p.m. PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL,CONSIDERATION I, Graduation for Citizens'Academy Participants (15 min.) 7:05 p.m. 1 Hearing- New Eiquor Eicense - The Hangar(�? 10 Mag, 1-1-C (30 min.) 7:20 p.m. 1 Elks Request for Keno Screens (10 min.) 7:50 p.m. 4, Discuss Tax Deferral Income I-imit Proposal for 2019 Annual Town Meeting(20 8:00 a.m. min.) 5, Hartwell Ave. Update(20 min.) 8:20 p.m. ® Hartwell Ave Initiative Update ® Proposed 2019 ATM Articles I, CM District Standards 2, Front Yards and Transition Areas 6. Determination on Tree Hearing for 223 Grove Street(10 min.) 8:40 p.m. 7. Accept Gift of Hand -40 & 42 Ridge Road (10 min.) 8:50 p.m. 8. Vote Town Office Building flours (5 min.) 9:00 P,ma 9, Visitors Center Update - Temporary Space (5 min.) 9:05 p.m. 10. Electric Vehicle Charging Station Agreement(5 min) 9:10 P,ma 11. Vote on AFSCME Building Maintenance, I-ocal 1703 Contract(5 min.) 9:15 p.m. 12. Review Parcel Transfer Request- 0 Hillcrest Ave, Parcel 20-193 (5 min.) 9:20 p.m. 13. Annual Eicense Renewals (5 min.) 9:25 p.m. 14. Elect Board of Selectmen Vice Chairman (5 min.) 9:30 p.m. 15. Selectmen - Committee Re-Appointments/Resignation (5 min.) 9:35 p.m. 16. Discuss Board of Selectmen Name Change Proposal for 2019 Annual Town 9:40 p.m. Meeting(10 min.) CONSENTAGENDA 1, Approve One-Day Liquor License - Cary Memorial Library ADJOURN 1, Anticipated Adjournment 9:55 p.m. The next regularly scheduled meeting of the Board of Selectmen will be held on Monday, January 7, 2019 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue, Ilcarirkff Assistance Deviccw Available on Rcqucwt All agenda time and the officr of itmis are appim imatc and A1a subject to charkffe. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 3: Collective Bargaining Update - Police Superior Officers (15 min.) PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager E,1 SUMMARY- Update on collective bargaining. SUGGESTED MOTION: Suggested motion for Executive Session: Move to go into Executive Session to discuss strategy with respect to collective bargaining related to the Levington Police Superior (y ,&ers unions and to reconvene in Open Session. T'urther, as Vice Chairman I declare that an open meeting discussion may have a detrimental effect,IL,ct on the balgainingposition qf1he Town. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 6:45 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Graduation for Citizens' Academy Participants (15 min.) PRESENTER: ITEM NUMBER: Rajon Hudson, Management Fellow IJ SUMMARY- No vote is requestedfi)r this agenda item. Rajon Hudson, Management Fellow from the Town Manager's Office, will review Lexington Citizen's Academy, a 9-week program-----now in its 10th year-----in which residents meet once a week in the evenings to learn about local government, specifically, the role each department plays in serving the public. The goal of the program is citizen engagement, a key priority identified by the Board of Selectmen. The program is designed to connect residents with the Board of Selectmen and Town staff and to encourage participation on Town committees/boards and as Town Meeting members. Residents from the recently completed Citizen's Academy will meet with the Selectmen to briefly discuss their experience/observations. In past years, the Selectmen have asked participants questions such as: ® Of the topics covered, what were the highlights of the A eademy and what won1dyon like t®hear more abont? ® For those of yon who have lived in Lerington for a while, did yon learnsomething abort the T yon had notyet discovered? F®r those who more recently moved here, did yon learn abort something that yon won1d like t®erplore more? ® Doyon have any suggestions abont how the Board can better cominnnicate what is going®n in the Tc n? ® Based®n hal yon have learned at the CidzeW5ACade;ny, have any of yon thought abort voInnfeerinn for a T board®r committee in thefittire? ® N(nv that yon have learned how the Town works, do yon have any mentions for the,S"electinen SUGGESTED MOTION: NA FOLLOW-UP: Rajon will have participants evaluate the program and prepare a summary of comments. DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 7:05 p.m. ATTACHMENTS: Description Type 2018 Citizens Academy Participants List # Name 1 Alan Ai -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2 Jennifer Roney 3 Jijun Hang - 4 Judy Jackson ---5------------Jyo-ts-n-a--Ka-ku-l.lavarapu -------------------------------------------------------------------------------------------------------------- 6 Kevin Gillis 7 Lauren Black - 8 Liz Cooper 9 Ove Bjerregaard 10 Ting Fang 11 Winnie Tsiang 12 Xiaorong Yang 13 Melanie Thompson 14 Gitanjali Meyer Swarny 15 Anil Ahuja 16 Bahadir Onay 17 Carissa Black 18 Casey Lan 19 Cuneyt Oksuz 20 Edwina Spillane 21 Gene Rizzo 22 Hannah Rizzo 23 Larry Freeman 24 Laura Cosen-Rinker 25 Marcelo Rinker 26 Richard Spillane 27 Wing Wang 28 Scott Cooper 29 Nick Nichols 30 Victorien Nclounou AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Hearing - New Liquor License - 'Fhe Hangar (a), 10 Mag, LLC (30 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 12 SUMMARY- The necessary paperwork for a new all alcoholic beverages restaurant liquor license has been submitted by The Hangar at 10 Mag, 1-1-C d/b/a the Hangar, 3 Maguire Road. Included in the Liquor License application is a Proposed plan for the restaurant to be built. Planning, Health and Building I)epartments have reviewed this application and have no objections to the liquor License application noting issuance would be pending approval of the required municipal permits for the restaurant. Applications for a Common Victuallers license and Entertainment license have also been submitted. Brandon Kelly, the proposed manager and Attorney Bill Troia, Reimer, Braunstein, will be at the meeting to answer any questions. A copy of a memo related to the site plan from the Planning Department is attached for the Board's information. SUGGESTED MOTION: Move to ------------------------------------------------------------------ an all alcoholic beverages restaurant liquor license to The Hangar at 10 Mag, 1-1-C d/b/a the Hangar, 3 Maguire Road as per the plans submitted, any substantive changes as determined by the Town Manager will require re-submission as an alter premise application. Move to - lle ---------------------------------------------------- a Common Victuallers license to The Hangar at 10 Mag, 1-1-C d/b/a the Hangar, 3 Maguire Road. Move to an Entertainment Eicense to The Hangar at 10 Mag, 1-1-C d/b/a the Hangar, 3 Maguire Road. FOLLOW-UP: Selectmen's Of DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 7:20 p.m. ATTACHMENTS: Description Type D 1�,�flAd 11cm)w, ',,Joi)(x lk'ido1p\'Nwfm) D llropo,,cd Hom Hmi ml Mmiwic lk'it klip VNIcim) D S)w Hmi Moin Cmcf Mollin Public Notices Page 1 of 1 LICENSING HEARING LEGAL NOTICE TOWN OF LEXI LICENSING HEARING LEGAL NOTICE Town of Lexington BOARD OF SELECTMEN In accordance with the requirements of the General Laws, Chapter 138, as amended, pertaining to the issuance of licenses for the sale and service of alcoholic beverages, notice is hereby given that an application has been received from The Hangar at 10 Mag, LLC d/b/a The Hangar, c/o R.J. Kelly Company, 55 Cambridge Street, Burlington, MA 01803, for the issuance of a new Common Victualler License and a new All Alcoholic Beverages Liquor License respecting the Premises known as Maguire Road, Assessor's Map 85, Lot 16, Public Hearing on the petition will be held in the Selectmen's Meeting Room, 1625 Massachusetts Avenue, Lexington, on December 17, 2018 at 7:00 p.m. Suzanne E. Barry, Chairman Board of Selectmen Appeared in: Lexington Minuteman on Thursday, 12/06/2018 Back httn �`ma mcmnhlirnntirac rnma�PnhlirNntirp air►`1PaoP wPnhlirNnti�PPrirttRrAr1TT7 '+4758577 1?/141701 R APPLICATION FOR A NEW LICENSE The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 i .mass.go)�/ahc.c APPLICATION FOR A NEW LICENSE Municipality Lexington 1. LICENSE CLASSIFICATION INFORMATION ON OFF-PREMISES TYPE CATEGORY CLASS On-Premises-12 §12 Restaurant FAIIAlcoholic Beverages Annual Please provide a narrative overview of the transaction(s)being applied for.On-premises applicants should also provide a description of the intended theme or concept of the business operation.Attach additional pages,if necessary. The Licensee requests the issuance of a new all-alcohol liquor license to be used at the premises in support of a"food hall'style,full service restaurant. The restaurant concept would offer several different styles of cuisine in an open floor plan with food and beverage delivered by wait staff.Outdoor seating will also be provided for patrons. Is this license application pursuant to special legislation? C Yes (: No Chapter= Acts of 2. BUSINESS ENTITY INFORMATION The entity that will be issued the license and have operational control of the premises. Entity Name The Hangar at 10 Mag,LLC FEIN 83-2479429 DBA The Hangar 1 Manager of Record Brandon D.Kelly Street Address �55 Cambridge Street,Burlington,MA 01803 Phone Email Alternative Phone Website 3. DESCRIPTION OF PREMISES Please provide a complete description of the premises to be licensed,including the number of floors,number of rooms on each floor,any outdoor areas to be included in the licensed area,and total square footage.You must also submit a floor plan. The Premises will be comprised of a one story 4,768+/-s.f. single story building to be constructed adjacent to an existing office park.The interior design is an open floor plan with seating for 98 patrons and outdoor seating for 56 patrons on a patio.The patio will be enclosed with a fence. Total Square Footage: 4,768+/-s.f Number of Entrances: 3 ::1 1 Seating Capacity: 98 indoor seatin9 6 outdoor seating Number of Floors 1 71 Number of Exits: 9 Occupancy Number: 180 4. APPLICATION CONTACT The application contact is the person whom the licensing authorities should contact regarding this application. Name: William J.Proia Phone: 617-880-3462 Title: Attorney Email: wproia@riemerlaw.com 1 APPLICATION FOR ANEW LICENSE S. CORPORATE STRUCTURE Entity Legal Structure LLC Date of Incorporation 10-23-18 State of Incorporation Massachusetts Is the Corporation publicly traded? (—Yes (: No 6. PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST List all individuals or entities that will have a direct or indirect,beneficial or financial interest in this license(E.g.Stockholders,Officers, Directors,LLC Managers,LLP Partners,Trustees etc.).Attach additional page(s)provided,if necessary,utilizing Addendum A. • The individuals and titles listed in this section must be identical to those filed with the Massachusetts Secretary of State. • The individuals identified in this section,as well as the proposed Manager of Record,must complete a CORI Release Form. • Please note the following statutory requirements for Directors and LLC Managers: On Premises(E.g.Restaurant/Club/Hotel)Directors or LLC Managers -At least 50%must be US citizens; Off Premises(Liquor Store)Directors or LLC Managers -All must be US citizens and a majority must be Massachusetts residents. • If you are a Multi-Tiered Organization,please attach a flow chart identifying each corporate interest and the individual owners of each entity as well as the Articles of Organization for each corporate entity. Every individual must be identified in Addendum A. Name of Principal Residential Address SSN DOB Brandon D.Kelly Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident Manager ----] 1 100% (: Yes C No (*'Yes C 1 (:Yes (-No Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident F- (' Yes C No I C Yes ('No Name of Principal Residential Address SSN DOB _ Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident 7 1 L r(' Yes ('No I I C Yes C No =(— Yes (— No Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident F- I (-` Yes (' No (' Yes (' Name of Principal Residential Address SSN DOB F- -11 Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident FF- [ ( Yes C No 1 (— Yes ('No C'Yes C No Additional pages attached? -(,-.Yes C No CRIMINAL HISTORY Has any individual listed in question 6,and applicable attachments,ever been convicted of a State,Federal or Military Crime?If yes,attach an affidavit providing the details of any and all convictions. MANAGEMENT AGREEMENT Are you requesting approv-a-I to utilize a management company through a management agreement? Please provide a copy of the management agreement. I (-Yes (:No 2 APPLICATION FOR A NEW LICENSE 6A. INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Does any individual or entity identified in question 6,and applicable attachments, have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑ No ❑X If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Name License Type License Name Municipality 66.PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Has any individual or entity identified identified in question 6,and applicable attachments,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 in table below.Attach additional pages,if necessary,utilizing the table format below. Name License Type License Name Municipality 6C. DISCLOSURE OF LICENSE DISCIPLINARY ACTION Have any of the disclosed licenses listed in question 6Aor 6B ever been suspended,revoked or cancelled? Yes ❑ No ❑X If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below. Date of Action Name of License City Reason for suspension,revocation or cancellation N/A 7. OCCUPANCY OF PREMISES Please complete all fields in this section. Please provide proof of legal occupancy of the premises. • If the applicant entity owns the premises,a deed is required. • If leasing or renting the premises,a signed copy of the lease is required. • If the lease is contingent on the approval of this license,and a signed lease is not available,a copy of the unsigned lease and a letter of intent to lease,signed by the applicant and the landlord,is required. • If the real estate and business are owned by the same individuals listed in question 6, either individually or through separate business entities,a signed copy of a lease between the two entities is required. Please indicate by what means the applicant will occupy the premises Lease Landlord Name 10 Mag Owner,LLC Landlord Phone 781-365-2400 Landlord Email adole@rjkellycompany.com Landlord Address c/o R.J.Kelly Company,55 Cambridge Street,Burlington,MA 01803 Lease Beginning Date October 1,2019 Rent per Month 6%of Monthly Gross Sales Lease Ending Date September 30,2024 Rent per Year 6%of Annual Gross Sales Will the Landlord receive revenue based on percentage of alcohol sales? Gross Sales (:Yes (' No 3 APPLICATION FOR A NEW LICENSE 8. FINANCIAL DISCLOSURE A.Purchase Price for Real Estate B.Purchase Price for Business Assets C.Other(Please specify) internal buildout 8inventory $250,000.00 D.Total Cost $250,000.00 SOURCE OF CASH CONTRIBUTION Please provide documentation of available funds.(E.g.Bank or other Financial institution Statements,Bank Letter,etc.) Name of Contributor Amount of Contribution Brandon D.Kelly $250,000.00 Total $250,000.0 SOURCE OF FINANCING Please provide signed financing documentation. Name of Lender Amount Type of Financing Is the lender a licensee pursuantto M.G.L.Ch.138. ('Yes (' No (' Yes (' No (-Yes (' No (-Yes (' No FINANCIAL INFORMATION Provide a detailed explanation of the form(s)and source(s)of funding for the cost identified above. Cash from Fidelity account(personal) 9. PLEDGE INFORMATION Please provide signed pledge documentation. Are you seeking approval for a pledge?(-Yes (: No Please indicate what you are seeking to pledge(check all that apply) ❑ License Stock Inventory To whom is the pledge being made? 4 10. MANAGER APPLICATION A. MANAGER I,NFO,RMATION The individual that has been appointed to manage and control the licensed business and premises. Proposed Manager Name Brandon D.Kelly Date of Birth SSN Residential Address Email Phone Please indicate how many hours per week you intend to be on the licensed premises 40 B,CITIZE "P/ ACK-GROUND INFORMATIO,,N, Are you a U.S.Citizen?* (:Yes (-No *Manager must be a U.S.Citizen If yes,attach one of the following as proof of citizenship US Passport,Voter's Certificate,Birth Certificate or Naturalization Papers. Have you ever been convicted of a state,federal,or military crime? (`Yes (:No If yes,fill out the table below and attach an affidavit providing the details of any and all ronvirtions.Attarh additional pages,if nerassary, utilizing the format below. Date Municipality Charge Disposition EMPLOYMENT INFORMATION, Please provide your employment history.Attach additional pages,if necessary,utilizing the format below. Start Date End Date Position Employer Supervisor Name 1993 Present President and CEO RJ Kelly Company,Inc. D.PRIOR DISCIPLINARY ACTION Have you held a beneficial or financial interest in,or been the manager of,a license to sell alcoholic beverages that was subject to disciplinary action? (-Yes (e-No If yes,please fill out the table.Attach additional pages,if necessary,utilizing the format below. Date of Action Name of License State City Reason for suspension,revocation or cancellation I hereby swear under the pains and penalties-of perju lon I have provided in this application is true and accurate: Manager's Signature Date 11/16/18 S APPLICANT'S STATEMENT I, Brandon D.Kelly the: ❑sole proprietor; ❑ partner; ❑corporate principal; R LLC/LLP manager Authorized Signatory of The Hangar at 10 Mag,LLC Name of the Entity/Corporation hereby submit this application (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 statements 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 are in compliance with state and local laws and regulations; (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 ownership 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) 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 of any license for which this Application is submitted. (10) 1 confirm that the applicant corporation and each individual listed in the ownership section of the application is in good standing with the Massachusetts Department of Revenue and has complied with all laws of the Commonwealth relating to taxes,reporting of employees and contractors,and withholding and remitting of child support. Signature: Date: 11/16/18 Title: Manager/Member ARTICLES OF ORGANIZATION Mass. Corporations, external master page Page 1 of 2 ro Corporations Division Business Entity Summary ID Number: 001351852Re uest certificatew search Summary for: THE HANGAR AT 10 MAG, LLC .______. ...........,_._._. .....��___ The exact name of the Domestic Limited Liability Company (LLC): THE HANGAR AT 10 MAG, LLC Entity type: Domestic Limited Liability Company (LLC) Identification Number: 001351852 Date of Organization in Massachusetts: 10-23-2018 Last date certain: The location or address where the records are maintained (A PO box is not a valid location or address): Address: City or town, State, Zip code, Country: The name and address of the Resident Agent: Name: R. J. KELLY CO., INC. Address: 55 CAMBRIDGE ST. City or town, State, Zip code, BURLINGTON, MA 01803 USA Country: The name and business address of each Manager: .-........... -............. .....-................... _... ._.... .............. Title Individual name Address MANAGER BRANDON D. KELLY 55 CAMBRIDGE ST. BURLINGTON, MA 01803 USA In addition to the manager(s), the name and business address of the person(s) authorized to execute documents to be filed with the Corporations Division: -........ -........... .... ..-._........ ... Title Individual name Address ............................ _. .._ _..............................._.._ _......�n .._..._.... .............................. SOC SIGNATORY BRANDON D. KELLY 55 CAMBRIDGE ST. BURLINGTON, MA 01803 USA The name and business address of the person(s) authorized to execute, acknowledge, deliver, and record any recordable instrument purporting to affect an interest in real property: http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEINM:001351852&... 11/9/2018 Mass. Corporations, external master page Page 2 of 2 Title Individual name Address REAL PROPERTY BRANDON D. KELLY 55 CAMBRIDGE ST. BURLINGTON, MA 01803 Confidential a Merger _L Consent Data Allowed Manufacturing View filings for this business entity: Annual Report Annual Report - Professional Articles of Entity Conversion Certificate of Amendment View filings Comments or notes associated with this business entity: r New search http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEIN=001351852&... 11/9/2018 MA SOC Filing Number: 201840979280 Date: 10/23/2018 5:57:00 PM 617-227-0178 05:47:59 p.m. 10-23-2018 2f CERTIFICATE OF ORGANIZATION OF THE HANGAR AT 10 MAG,LLC Pursuant to the provisions of the Massachusetts Limited Liability Company Act, Massachusetts General Laws, Chapter 156C (the "Act"), the undersigned hereby certifies as follows: 1. Name of the Limited Liability Company. The name of the limited liability company (the "LLC")is The Hangar at 10 Mag,LLC. 2. Office of the LLC. The address of the office of the LLC within the Commonwealth required to be maintained by Section 5 of the Act is c/o R.J.Kelly Co.,Inc.,55 Cambridge Street, Burlington,Massachusetts 01803 3. Agent for Service of Process. The name and address of the resident agent for service of process for the LLC is R. J. Kelly Co., Inc. with an address of 55 Cambridge Street, Burlington, Massachusetts 01803. R. J. Kelly Co., Inc., resident agent, hereby consents to its appointment as the resident agent of The Hangar at 10 Mag,LLC. 4. Date of Dissolution. The LLC has no specific date of dissolution. 5. Purpose of the Business of the LLC. The purpose of the business of the company is to lease (in whole or in part),manage and otherwise operate and deal with real property; to manage and operate food and beverage sales; and to engage in any activities directly or indirectly related or incidental thereto,or to engage in any activities otherwise authorized by law. 6. Manager. The name and address of the Manager of the LLC is follows: Name: Address Brandon D.Kelly 55 Cambridge Street Burlington,MA 01803 7. Execution of Documents to be Filed with Secretary of State. The Manager is authorized to execute any documents to be filed with the Secretary of State of the Commonwealth of Massachusetts. 8. Execution of Documents Relating to Real Property. The Manager is authorized to execute, acknowledge, deliver and record any recordable instrument on behalf of the LLC purporting to affect an interest in real property, whether to be recorded with a registry of deeds or district office of the Land Court. (W6942669.11 617-227-0178 05:48:12 p.m. 10-23-2018 3�3 IN WITNESS WHEREOF,the undersigned hereby affirms under the penalties of perjury that the facts stated herein are true,as of this 23rd day of October,2018. e Ciano,Authorized Signatory (w .1) MA SOC Filing Number: 201840979280 Date: 10/23/2018 5:57:00 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: October 23, 2018 05:57 PM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth CORPORATE VOTE CORPORATE VOTE The Board of Directors or LLC Managers of The Hangar at 10 Mag,LLC Entity Name duly voted to apply to the Licensing Authority of Lexington and the City/Town Commonwealth of Massachusetts Alcoholic Beverages Control Commission on IlDecember 17,2018 Date of Meeting For the following transactions (Check all that apply): ❑X New License ❑ Change of Location ❑ Change of Class(i.e.Annual/seasonal) ❑ Change Corporate Structure(i.e.corp/LLQ ❑ Transfer of License ❑ Alteration of Licensed Premises ❑ Change of License Type(i.e.club/restaurant ❑ Pledge of Collateral 0.e License/Stock) ❑ Change of Manager ❑ Change Corporate Name ❑ Change of Category(i.e.All AlcohobWine,Malt) ❑ Management/operating Agreement ❑ Change of Officers/ Change of Ownership Interest ❑ issuance/Transfer of Stock/New Stockholder ❑ Change of Hours Directors/LLC Managers ❑ (LLC Members/LLP Partners, Trustees) ❑Other ❑ Change of DBA "VOTED:To authorize I Brandon D.Kelly Name of Person to sign the application submitted and to execute on the Entity's behalf, any necessary papers and do all things required to have the application granted." "VOTED:To appoint Brandon D.Kelly Name of Liquor License Manager as its manager of record, and hereby grant him or her with full authority and control of the premises described in the license and authority and control of the conduct of all business therein as the licensee itself could in any way have and exercise if it were a natural person residing in the Commonwealth of Massachusetts." For Corporations ONLY A true copy attest, A true copy attest, Coir Areofficer/LLC Manager Signature Corporation Clerk's Signature EXECUTED LEASE AGREEMENT LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 15 day off avfVY1b1r'-2018,by and between 10 Mag Owner,LLC a Massachusetts limited liability company,with a principal office located at c/o R.J.Kelly Company 55 Cambridge Street Burlington,MA 01803 hereinafter referred to as"Landlord" and The Hangar at 10 Mag,LLC with a primary address located at 55 Cambridge Street Burlington,MA 01803 herinafter referred to as"Tenant". WITNESSETH ARTICLE I: PREMISES: In consideration of the terms and conditions hereof, Landlord hereby leases to Tenant and Tenant hereby takes from Landlord certain premises(the "Premises")outlined in Exhibit A attached hereto and made a part hereof,known as 10 Maguire Road situated in Lexington, Massachusetts together with all the improvements located thereon. The Premises consist of the Building (approximately 4,768 rentable square feet of area) and the associated land on the north side of Maguire Road (the "Site")as shown in Exhibit A-1. The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, and rights of way of record, and other matters of record, if any, applicable zoning and building laws, regulations and codes,and such matters as may be disclosed by inspection or survey. ARTICLE II:TERM: 2.1 The term of this Lease will be for five(5)years commencing upon completion of construction,estimated to be October I,2019(the"Commencement Date")and ending September 30,2024(the"Termination Date").The calendar year in which the term of this Lease commences will be deemed the "Base Year" for all purposes herein. "Lease Year" shall mean the twelve (12) calendar months commencing with the first day of the first full calendar month of the term of the Lease and succeeding anniversaries thereof. 2.2 Delay in Commencement: Notwithstanding the contemplated Commencement Date,if for any reason Landlord cannot deliver possession of the Premises to Tenant on or before said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or Tenant's obligations hereunder. In such event,however,Tenant shall not be obligated to pay rent or additional rent until possession of the Premises is tendered to Tenant and without requirement of further act of the parties the termination date of this Lease shall be extended by a period equal to the period between the contemplated Commencement Date and the date on which possession of the Premises is actually tendered to Tenant.Landlord may,but shall not be required to,confirm such new commencement date and termination dates by written notice to Tenant;any such notice by Landlord shall be conclusive with respect to the commencement and termination dates. 2.3 Early Possession: In the event that Landlord shall permit Tenant to occupy the Premises prior to the contemplated Commencement Date, such occupancy shall be subject to all of the provisions of this Lease. Said early possession shall not advance the termination date of this Lease. 2.4 Delivery of Possession: Tenant shall be deemed to have taken possession of the Premises when Landlord delivers possession of the Premises to Tenant. ARTICLE III:RENT: 3.1 Base Rent: a.) Tenant agrees to pay Landlord at the address provided in the Section of the Lease entitled"Notices", or such other place or to such other person as Landlord may designate,Base Rent for the Premises,as follows: (i) For the period from October 1, 2019, through September 30,2024, a sum equal to six percent(6%) of the gross sales(as defined herein)at,in,on or from the Premises for each year of the lease. 2. (ii) The term"gross sales",wherever used herein is hereby defined to mean the dollar aggregate of: (a) The sales prices of all merchandise, goods, food, and beverages sold, and the charges for all services performed by Tenant in, at, on or from the Premises, whether made for cash, on credit, or otherwise, without reserve or deductions for inability or failure to collect. b.) Tenant agrees to deliver to Landlord, within ten (10) days after the end of each month during the Term hereof, a complete statement signed by an executive of the Tenant showing gross sales for the preceding month. The rental payment for any fractional month or fractional Lease Year at the commencement, termination or expiration of the Lease term will be prorated. 3.2 Additional Rent: All amounts which Tenant is required to pay pursuant to this Lease, including every fine, penalty, interest and cost which may be added for nonpayment or late payment will constitute additional rent and if Tenant fails to pay such additional rent when due, Landlord will have the right to pay the same and will have all the right, powers and remedies with respect thereto as are provided herein or by law in the case of nonpayment of basic rent. 3.3 Common Area Maintenance and Operating Expense Chargee:Tenant will pay to Landlord within ten(10)days of demand(except that the payment for the period from the last payment to the termination of this Lease shall be paid on the date of termination based on reasonable estimates)as additional rent,the pro rata share of any Common Area Maintenance and Operating Expense Charges actually paid by Landlord for the building unless paid directly by Tenant for Tenant's portion of the Site.The charge will be billed every six(6)months by Landlord and will be computed by multiplying the total expenses so incurred by Landlord by a fraction the numerator of which shall be the number of rentable square feet in the Premises and the denominator of which shall be the number of rentable square feet in the Building of which the Premises is a part.Said "Common Area Maintenance and Operating Expense Charge" shall include,but shall not be limited to the following: a.)all salaries,wages,fringe benefits,payroll taxes, worker's compensation insurance premiums related to Landlord's employees engaged in the operation of the Building,excluding however,any costs incident to securing tenants and renting space in the building; b.)all costs of furnishing electricity to the Common Areas of the Building and other Common Areas including exterior lighting; c.)all costs of repairing and maintaining the operation and repair of the Common Areas,roof,exterior walls,and sewer and water and gas pipes which are located outside of the Building and on said land; d.)all costs for insurance related to the Building; e.)all costs of snow and ice removal from the Building,parking areas and access ways to the Building and all costs of exterior yard maintenance,landscaping and maintenance of lawn sprinkler systems,unless otherwise stated in Section 9.3 of this Lease; Q all costs of cleaning services and trash removal in the Common Areas; g.)all costs of providing overall management to the Building and the Common Areas. 3.4 Late Charges and Interest: A.Tenant hereby acknowledges that late payment by Tenant to Landlord for rent and other sums due hereunder shall cause Landlord to incur costs not contemplated by this Lease,the exact amount of which will be extremely difficult to ascertain. Such costs include,but are not limited to,processing and accounting charges,and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises.Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within ten(10)days after the date said rent or other sums become due,then Tenant shall pay to Landlord a late charge equal to ten percent(10%)of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant.Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default 3 with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. B.Tenant shall be obligated to pay to Landlord interest at the rate of twelve percent(12%)per annum or the maximum legal rate which Tenant may contract for in Massachusetts,whichever is less,on all sums above specified and on all sums and charges Tenant is obligated to pay under the terms of this Lease from the date said sums and charges become due and remain unpaid until the date said sums and charges are paid in full. 3.5 Triple Net Lease: This Lease shall be deemed and construed to be a"Net/Net/Net Lease", and the Landlord shall receive all rents provided for herein,free from any charges,assessments, impositions,expenses or deductions of any and every kind or nature whatsoever. ARTICLE IV: UTILITIES Tenant will pay all charges incurred for all water,gas,heating fuel,electricity,telephone and all other utility services used on or from the Premises and any maintenance charges for utilities,and will furnish all electric light bulbs and tubes. If any such utility services are not separately metered to Tenant,the cost thereof shall be separately billed to Tenant by Landlord,such bills payable by Tenant on each rental payment date.Landlord will in no event be liable for any interruption or failure of utility services on the Premises. ARTICLE V: SECURITY DEPOSIT INTENTIONALLY DELETED ARTICLE VI: USE 6.1 The Premises shall be used and occupied only for restaurant use and for no other purposes. 6.2 Compliance with Law:Tenant shall,at Tenant's expense,comply with all applicable statutes,ordinances,rules, regulations,orders and requirements in effect during the term or any part of the term hereof regulating the use by Tenant of the Premises and will at Tenant's expense obtain any and all licenses and permits necessary for any such use.Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance,or,if there shall be more than one (1)tenant of the Building or the Project containing the Premises,which shall tend to unreasonably disturb such other tenants. 6.3 Condition of Premises: Tenant hereby accepts the Premises in their condition existing as of the date Tenant takes possession hereunder and Tenant agrees that such taking of possession is conclusive evidence as against Tenant that the Premises were in good order and satisfactory condition and that no right of offset or deduction against the Landlord existed at that time. 6.4 Hazardous Use:Tenant will not permit the Premises to be used for any purpose which would render the insurance thereon void. Any increase in the premiums for such insurance resulting from Tenant's use in the Premises shall be paid by Tenant within fifteen(15)days written notice from Landlord.Tenant shall comply,at its sole cost,with all environmental laws pertaining to its activities on the Premises.Tenant shall not(either with or without negligence)cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances,or materials.Tenant shall not allow the storage,use,generation,creation,disposal,or transportation of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage,use,generation,creation,disposal,or transportation of such substances or materials, nor allow to be brought into the Premises,the Building of which the Premises is a part,or the land upon which the Building is located(herein together called the"Project")any such materials or substances except to use in the ordinary course of Tenant's business,and then only after written notice is given to Landlord of the identity of such substances or materials.Without limitation,hazardous substances and materials shall include those described in the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended,42 U.S.C.Section 9601 et seq.,the Resource Conservation and Recovery Act,as amended,42 U.S.C. Section 6901 et seq.,any applicable state or local laws and the regulations adopted under these acts.In all events,Tenant shall indemnify Landlord in the manner elsewhere 4 provided in this Lease from any release of hazardous materials on the Premises occurring while Tenant is in possession,or elsewhere if caused by Tenant or persons acting under Tenant.Tenant's indemnification and hold harmless obligations include without limitation,(i)claims,liabilities,costs or expenses resulting from or based upon administrative,judicial (civil or criminal)or other actions,legal or equitable,brought by any private or public person under any federal,state,county or municipal environmental statutes,codes,ordinances or regulations;(ii)claims,liabilities,costs or expenses pertaining to the clean-up or containment of wastes,the identification of pollutants in the wastes,the identification of the scope of any environmental contamination,the removal of pollutants from soils,river beds or aquifers,the provision of any alternative public drinking water source,or the long-term monitoring of ground and surface waters;and(iii)all costs of defending such claims. Tenant's indemnification shall not apply to the extent that such liabilities,costs,expenses or claims are attributable to the negligence,acts or omissions of Landlord,or the negligence,acts or omissions of other tenants or Landlord's predecessor-in- interest. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials,then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such requirement applies to the Premises.In addition,Tenant shall execute affidavits,representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises.The provisions of this Section 6.4 shall survive the expiration or earlier termination of the Lease term. 6.5 Landlord's Rules and Regulations: Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate.A copy of Landlord's rules and regulations as in effect at the date hereof is attached hereto as Exhibit B.Landlord reserves the right from time to time to make all reasonable modifications to said rules and regulations.The additions and modifications to Landlord's rules and regulations shall be binding upon delivery of a copy of them to Tenant.Landlord shall not be responsible to Tenant for the nonperformance of any of said rules and regulations by any other tenants or occupants of the Building(or the Project)of which the Premises are a part. 6.6 Common Areas: Landlord grants to Tenant,during the term of this Lease,a non-exclusive license to use,in common with others entitled thereto,the Common Areas.The Common Areas include all areas and facilities outside the Premises that are provided and designated for general use and convenience of Tenant and other tenants. Common Areas include,but are not limited to,sidewalks,landscaped areas,roadways,driveways and parking areas. The number of parking spaces in the parking areas used at any single time by Tenant shall not exceed Tenant's"pro rata share"(as hereinafter defined)of the available parking. Tenant's pro rata share of the parking spaces shall be computed by multiplying the total number of parking spaces servicing the Building in which the Premises is located by a fraction the numerator of which shall be the number of rentable square feet of area in the Premises and the denominator of which shall be the number of rentable square feet in the Building of which the Premises is a part. Landlord has the right,which Landlord may exercise from time to time,to alter,reconfigure, enlarge,reduce and/or relocate the parking areas and other Common Areas or any part or parts thereof. ARTICLE VII:TAXES 7.1 Payment of Taxes: Tenant will pay Landlord,within ten(10)days of demand,(except that the payment for the period from the last payment to termination of this Lease shall be paid on the date of termination based on reasonable estimates)as additional rent,the pro rata share of any increase in taxes,both general and special,all assessments including general,special and local,governmental charges of any kind and nature whatsoever, water rents or charges,taxes levied against the rents, occupancy or use of the Premises(hereinafter collectively referred to as "Taxes"),levied or assessed on the Premises or the Site on which the Premises is located,whether such taxes are general or special,ordinary or extraordinary,or foreseen,or unforeseen. 7.2 Change in Method of Taxation: If at any time during the term of this Lease,the present method of taxation is changed so that in lieu of the whole or any part of any taxes,assessments or charges levied,assessed or imposed upon real estate and the improvements thereon,there is levied,assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax assessment,levy or charge measured by or based, in whole or in part,upon such rents for the present or any future building or buildings on the property on which the Building is located or any other tax or assessment, levied or assessed in lieu of any present taxes,then all such taxes,assessments,levies,or charges will be deemed to be included within the term"Taxes" for the purposes hereof.In the event any such tax cannot legally be reimbursable by the Tenant, Landlord will have the option to terminate this Lease. 7.3 Personal Property Taxes: 5 A.Tenant shall pay prior to delinquency all taxes assessed against and levied upon leasehold improvements,trade fixtures, furnishings,equipment and all other personal property of Tenant contained in the Premises or elsewhere.Tenant shall cause said leasehold improvements, trade fixtures,furnishings,equipment and all other personal property to be assessed and billed separately from the real property of Landlord. B. If any of Tenant's said personal property shall be assessed with Landlord's real property,Tenant shall pay Landlord the taxes attributable to Tenant within ten(10)days after receipt of a written statement setting forth the taxes applicable to Tenant's property. ARTICLE VIII: INSURANCE The Tenant agrees to maintain in full force during the term hereof a policy of commercial general liability insurance (or the then successor equivalent from time to time), without any so-called employee exclusion or the like and on an occurrence basis;or otherwise in the broadest and most comprehensive form then generally available from time to time,under which the Landlord and Landlord's first mortgagee(and such other persons as are in privity of estate with the Landlord as may be set out in notice from time to time)are designated additional insureds on a primary basis and the Tenant is named primary insured,and under which the insurer agrees to indemnify and hold the Landlord,Landlord's first mortgagee,and such other persons as are in privity of estate with Landlord harmless from and against all cost,expense and/or liability arising out of or based upon any and all claims,accidents,injuries and damages mentioned in Article XIV of this Lease. Each such policy shall be written by a reputable and financially sound,duly licensed insurance company and non cancelable with respect to the Landlord,Landlord's first mortgagee,and the Landlord's other said designees without thirty(30)days prior written notice to Landlord,and a duplicate original or certificate thereof shall be delivered to the Landlord. The minimum limits of liability of such insurance shall be$1,000,000.00 each occurrence; $2,000,000.00 general aggregate limit;$2,000,000.00 products-completed operations aggregate limit;$1,000,000.00 personal and advertising liability;$50,000.00 fire legal liability;and$5,000.00 medical expenses limit(each person);or such higher limits as the Landlord may from time to time request,provided such higher limits are the customarily carried on buildings similar to the Building. Said insurance may be maintained by the Tenant under a so- called "blanket policy" covering the Premises as well as other premises of the Tenant,provided that the Tenant shall furnish the Landlord with evidence satisfactory to the Landlord of the existence of such blanket policy and that such blanket policy specifically includes the Premises and that the aforesaid minimum limits apply to each occurrence covered by such blanket policy and afford the same protection as would be provided under an individual policy meeting the requirements thereof. In addition,Tenant shall maintain at least$5,000,000.00 excess liability coverage, naming the Landlord,Landlord's first mortgagee,and its other designees as additional insureds. ARTICLE IX: MAINTENANCE AND REPAIRS 9.1 Landlord's Obligations: Landlord agrees,at its expense,to keep the roof,foundations,exterior walls of the Building and the Premises,and the structural system of the Premises in good condition and repair.Landlord shall not be liable to Tenant for any damages except physical damage to persons and property caused by the items mentioned in the previous sentence being out of repair after Landlord has had reasonable opportunity to have the same repaired after being notified in writing of the need of same by Tenant. 9.2 Tenant's Obligations:Tenant shall at its sole cost and expense and without any cost to Landlord,keep in good order, condition and repair the Premises,and all utility equipment used exclusively for the Premises including all portions of the heating,cooling and ventilation systems servicing the Premises exclusively and all utility lines to the point of connection for Tenant,at all times during the term of this Lease,unless specifically made Landlord's responsibility under subparagraph 9.1 above.Tenant's responsibility hereunder shall include,without limitation and at its sole cost,maintenance,repair and replacement of the heating,cooling,and ventilating units,and the mechanical equipment required for the Premises,fixtures, glass(with glass of the same size and quality),floor covering and ceiling materials,doors and door hardware and the decoration of the interior of the Premises.If Tenant refuses or neglects to make or perform such replacements,repairs,or maintenance,in a manner reasonably satisfactory to Landlord,Landlord shall have the right,upon giving Tenant reasonable written notice,except in situations deemed to be emergency situations by Landlord,of its election to do so,to make such replacements or repairs or perform such maintenance on behalf of and for the account of Tenant,and Tenant shall pay Landlord's cost of such work as additional rent,promptly upon receipt of a bill therefor. 6 B. During the term of this Lease Tenant agrees to employ a suitable contractor to perform Tenant's obligations for maintenance of the heating,cooling and ventilating units on the Premises and a suitable contractor approved by Landlord to perform Tenant's obligations for maintenance of all fire protection systems within the Premises including the sprinkler system. Landlord's approval of such contractor shall not be unreasonably withheld or delayed.Such maintenance shall include at least semi-annual inspections and cleaning of said units and systems,together with all such adjustments and servicing as each such inspection discloses to be required and, in addition,all repairs,testing and servicing as shall be necessary or reasonably required by Landlord or Landlord's insurance underwriter.A suitable contractor to be approved by Landlord shall be one who is reliable and capable of performing Tenant's obligations hereunder at a competitive cost to Tenant.Nothing contained in this paragraph shall be deemed to be a guarantee by Landlord or its agents or employees of the performance or responsibility of any contractor approved by Landlord as herein provided,and Tenant hereby waives all claims for damages against Landlord to persons or property sustained by Tenant or any person claiming through Tenant resulting from or in any way concerned with Tenant's employment of a contractor pursuant to the provisions of this Article. 9.3 Snow Removal and Grounds Care: A. The removal of snow and ice from the Building,the parking areas,access drives and loading areas bordering upon the Premises shall be the Landlord's responsibility.The removal of snow and ice from the Building sidewalks and/or walkways bordering the Premises shall be the Landlord's responsibility. B. The care and maintenance of the grounds, including lawns,trees, shrubs and painted areas bordering upon the Premises shall be the Landlord's responsibility. The costs incurred by Landlord for removal of snow and ice,and for care and maintenance of grounds,are included as a part of the Common Area Maintenance and Operating Expenses,reimbursed to Landlord by Tenant in accordance with the provisions of Article III,above. 9.4 Trash Removal/Janitorial Services: The Tenant shall be responsible,at its sole cost, for providing cleaning services and trash removal from the Premises. ARTICLE X: ALTERATIONS AND SIGNS: 10.1 Tenant will not make any alterations,additions or improvements to the Premises or install any signs upon the exterior of the Premises without on each occasion the prior written consent of the Landlord.As a condition to such consent,Landlord may require Tenant to provide to Landlord at Tenant's expense a completion bond in form and substance satisfactory to Landlord. 10.2 Landlord reserves the right at any time to make alterations,modifications,reductions,expansions or additions to and to build an additional story or stories on any building or portion of any building in the project in which the Building containing the Premises is located(the"Project"),whether or not the Premises are contained therein,and to build adjoining the same. Landlord reserves the right as to the Project at any time to do,or permit to be done,any or all of the following: add or remove buildings,structures or common areas;change the number and location of buildings and structures;change building dimensions;change the number of floors in any of the buildings or structures;add to,alter or remove partially or wholly any structure or structures or to enclose any common area; change the identity and type of leased premises and tenancies and the dimensions thereof, including the alteration of lease lines as same adjoin common areas;change the name of the Project in which the Premises are located;change the address or designation of the Premises or the building in which the Premises are located;provide subterranean and multiple level parking decks;convert common areas into leasable areas or construct temporary or permanent buildings or improvements in the Building,the Project and the common areas;change the location or character of or make alterations in or additions to the common areas and to otherwise alter,repair or reconstruct the common areas or to change the use thereof;and expand the size of the Project by acquiring or making available additional land. Tenant understands and agrees that the making of any such alterations,modifications,reductions,expansions or additions by Landlord may temporarily generate noise,dust,vibration,and other byproduct of construction-related activities,and agrees that such shall not constitute a breach of Landlord's covenant of quiet enjoyment;provided,however, that no such changes shall alter the size of the Premises or deny reasonable ingress to and egress from the Premises. ARTICLE XI: INSPECTION Landlord and Landlord's agents and representatives will have the right to enter and inspect the Premises at any reasonable time during business hours(and all other times in case of emergency),for the purpose of ascertaining the condition of the Premises,curing any default on the part of the Tenant or making repairs to the Premises.During the one year period prior to the end of the term hereof,Landlord and Landlord's agents and representatives will have the right to enter the Premises at any reasonable time during business hours for the purpose of showing the Premises and will have the right to erect on the Premises a suitable sign indicating that the Premises are available. ARTICLE XII:ASSIGNMENT AND SUBLETTING Tenant will not assign or sublet the whole or any part of the Premises without the prior written consent of Landlord. Regardless of whether Landlord consents or withholds consent to any such assignment or subletting,Tenant shall reimburse Landlord for all costs and expenses, including but not limited to credit reporting agency fees and attorneys' fees, incurred by Landlord in determining whether to consent or withhold consent to such assignment or subletting. Notwithstanding any permitted assignment or subletting,Tenant will at all times remain liable for the payment of rent and for compliance with all of its other obligations under the terms provisions and covenants of this Lease. A transfer of fifty percent(50%)or more of an interest in the Tenant(whether by stock,partnership interest or otherwise)by any party in interest will be deemed an assignment of this Lease. Landlord's consent to any such transfer,assignment or sublease will not be deemed consent to any subsequent transfer,assignment or sublease. In the event of a default under the terms of this Lease,if the Premises or any part thereof are then assigned or sublet,Landlord, in addition to any other remedies herein provided,or provided by law,may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sums due it by Tenant hereunder,and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder.Landlord will have the right to assign any of its rights and obligations under this Lease(See"Exhibit E-Special Clauses"'attached hereto and made a part hereof.) ARTICLE XIII:MUTUAL WAIVER OF RIGHTS Landlord and Tenant hereby mutually waive,to the extent of their respective insurance coverage therefor,any and all rights of recovery against one another for real or personal property loss or damage occurring to the Premises,the Building or any part thereof or any personal property therein from perils insured against under fire and extended coverage and other property insurance policies existing for the benefit of the respective parties so long as such insurance permits waiver of liability and contains a Waiver of Subrogation without additional premiums. If additional premiums must be paid,either party requesting such Waiver of Subrogation shall have the option to pay such additional premiums to the other and obtain such Waiver or to forego such Waiver of right of recovery. ARTICLE XIV: INDEMNITY Tenant will defend, indemnify and save harmless Landlord from and against all liabilities,obligations,claims, damages,penalties,causes of action,costs and expenses(including without limitation,reasonable attorney's fees and expenses) imposed upon or incurred by or asserted against Landlord arising from Tenant's use and occupancy of the Premises or any breach or default by Tenant of its obligations hereunder or arising from the negligence of the Tenant,its agents, contractors, employees or invitees. ARTICLE XV: EXEMPTION OF LANDLORD FROM LIABILITY Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods,wares, merchandise or other property of Tenant,Tenant's employees,invitees,customers,or any other person in or about the Premises,nor, unless through its negligence,shall Landlord be liable for injury to the person of Tenant,Tenant's employees,agents or contractors and invitees,whether such damage or injury is caused by or results from fire, steam,electricity,gas,water or rain,or from breakage, leakage,obstruction or other defects of pipes,sprinklers, wires, appliances,plumbing,air conditioning or lighting fixtures,or from any cause,whether the said damage or injury results from conditions arising from the Premises or upon other portions of the Building,or from other sources or places,and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Landlord or Tenant.Landlord shall not be liable for any damages arising from any act or neglect of any other tenant,if any,of the Building or the Project. ART_I__CLE XVI: LIENS AND ENCUMBRANCES g 16.1 Tenant will not do any act which will in any way encumber the title of Landlord in and to the Premises nor will the interest or estate of Landlord in the Premises be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant.Any claim to,or lien upon,the Premises arising from any act or omission of Tenant will accrue only against the leasehold estate of Tenant and will be subject and subordinate to the paramount title and rights of Landlord in and to the Premises. 16.2 Tenant will not suffer or permit any liens to stand against the Premises, the Building or any part thereof,by reason of any work, labor,services,or materials done for or supplied,or claimed to have been done for,or supplied to Tenant,or anyone holding the Premises,or any part thereof,through or under Tenant.If any such lien is at any time filed against the Premises,or the Building,Tenant will cause the same to be discharged of record within thirty(30)days after the date of filing the same,by payment,deposit or bond. If Tenant fails to discharge any such lien within such period,then,in addition to any other right or remedy of Landlord,Landlord may,but will not be obligated to,procure the discharge of the same either by paying the amount claimed,or by deposit or bond,and any amount paid or deposited by Landlord,including reasonable attorneys' fees,in defending any such action or in or about procuring the discharge of such lien,with all necessary disbursements made by Landlord in connection therewith,will become due and payable on the date of payment or deposit,as additional rent. 16.3 Nothing in this Lease will be deemed to be,or construed in any way as constituting the consent or request of Landlord, express or implied by inference or otherwise,to any person,firm,or corporation for the performance of any labor or the furnishing of any materials for any construction,rebuilding,alteration or repair of or to the Premises or any part thereof,nor as giving Tenant any right,power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to file any lien against Landlord's interest in the Premises. ARTICLE XVII: DAMAGE OR DESTRUCTION AND CONDEMNATION 17.1 Damage or Destruction of Premises A. If all or a substantial part of the Premises is destroyed or damaged by fire or other unavoidable casualty(a substantial part of the Premises for the purposes of this Article shall be deemed to be fifty percent(50%)or more of its insurable value), then Landlord shall within thirty(30)days after such casualty elect in writing to Tenant to either terminate this Lease or restore damaged areas. B. If Landlord elects to terminate this Lease as aforesaid,the termination shall be effective as of the time of such election;if Landlord elects to restore damaged areas, it shall commence the restoration of the Premises within ninety(90)days after such casualty and use its best efforts to coordinate the activities of contractors and material suppliers to accomplish the restoration within a reasonable period of time commensurate with the degree of damaged sustained.In no event, however,shall Landlord be obligated to use any of its funds for such restoration other than from applicable fire insurance proceeds. Notwithstanding the foregoing,Landlord shall not be obligated to repair or replace Tenant's furniture, furnishings and equipment and shall not be obligated to bear the costs of repairing any damage caused by any act,omission or negligence of Tenant or of Tenant's employees,contractors, invitees,or licensees,and Landlord may make such repairs at the expense of Tenant,and the cost thereof shall be collectable as additional rent due hereunder. C. If any such restoration is delayed for causes beyond the control of Landlord, such as acts of God,war,civil insurrection or public disorder,strikes,unavailability of construction materials,shortages within the labor market,or acts of governmental authorities,then in such event,the completion of such restoration shall be postponed for the period of time equal to the period of delay caused by such events. D. If this Lease is not terminated,a just portion of the rent,according to the nature and extent of the damage,shall be abated until the Premises shall have been put into proper condition for use and occupation by Tenant.Provided,however,that if such damage or casualty is caused because of the negligence of Tenant,its employees,contractors, invitees or licensees,there shall be no such abatement in rent. E. Notwithstanding the above,Landlord may at Landlord's sole discretion,repair and/or rebuild the Building in the event of either total or partial destruction.Landlord will not be obligated to rebuild until the insurance proceeds have been received and in the event such insurance proceeds are insufficient to completely rebuild or restore the Premises,Landlord,at 9 Landlord's option,may provide the funds required to completely rebuild or restore.If Landlord's mortgagee applies the insurance proceeds to the mortgage debt,Landlord will have no obligation to rebuild. F. In the event that(a)Landlord fails to give written notice within thirty(30)days of its intention to restore the Premises, or(b)Landlord fails to restore the Premises to a condition substantially suitable for their intended use within one hundred twenty(120)days of said damage or destruction(or within such other period of time as Landlord and Tenant may agree in writing),unless such damage was due to the negligence or intentional acts of Tenant or Tenant's employees, contractors, invitees, or licensees,Tenant may elect to terminate this Lease by written notice to Landlord to be given no later than thirty(30)days of the date last mentioned. 17.2 Condemnation A. If the Premises shall be completely taken by exercise of eminent domain,then this Lease shall terminate. If any substantial part of the Premises shall be taken by exercise of eminent domain or by action of any public or other authority,then this Lease shall terminate at the election of Landlord,notice of which election shall be given to Tenant within sixty(60)days of such taking. If Landlord shall not so elect,then in case of such taking,and in case of any taking of less than a substantial part of the Premises, a just portion of said rent according to the nature and extent of the taking shall be abated,unless the Landlord shall supply to Tenant equivalent substitute space in the Building of which the Premises is a part at no additional rent.Landlord reserves and accepts all rights to damages to said Premises and Building and the leasehold hereby created,accrued or subsequently accruing by reason of anything lawfully done in pursuance of any public or other authority.Tenant hereby releases and assigns to Landlord all of Tenant's rights to such awards,and covenants to deliver such further assignments and assurances thereof as Landlord may from time to time request,hereby irrevocably designating and appointing Landlord as its attorney in fact to execute and deliver in Tenant's name and behalf all such further assignments thereof.It is agreed and understood, however, that Landlord does not reserve to itself,and Tenant does not assign to Landlord,any damages payable for(i) moveable equipment installed by Tenant or anybody claiming under Tenant at its own expense or(ii)relocation expenses,but in each case only if and to the extent that such damages are recoverable by Tenant from such authority in a separate action and without reducing Landlord's award of damages. B. Notwithstanding the above,Landlord may at Landlord's sole discretion,repair and/or rebuild the Building in the event of either total or partial taking.Landlord will not be obligated to rebuild until the eminent domain proceeds have been received and in the event such eminent domain proceeds are insufficient to completely rebuild or restore the Premises, Landlord,at Landlord's option,may provide the funds required to completely rebuild or restore.If Landlord's mortgagee applies the eminent domain proceeds to the mortgage debt,Landlord will have no obligation to rebuild. C. In the event that a taking of twenty-five percent(25%)or more of the insurable value of the Premises by the exercise of eminent domain(a)materially adversely affects the ability of Tenant to continue to conduct its business in the portion of the Premises not taken,and(b)Landlord fails to give written notice within sixty(60)days of its intention to restore the Premises to a condition substantially suitable for their intended uses within one hundred twenty(120)days of such taking or fails to supply to Tenant equivalent substitute space in the Building of which the Premises are a part,Tenant may elect to terminate this Lease by written notice to Landlord to be given no later than thirty(30)days of the date last mentioned. ARTICLE XVIII: SURRENDER Upon the termination of this Lease for any reason,Tenant will at once surrender and deliver the Premises to Landlord in their Original Condition(as hereinafter defined),reasonable wear and tear excepted. Reasonable wear and tear excludes: tears and cuts in floor coverings;excessive wear of floor coverings because of Tenant's negligence or failure to use chair and desk pads or otherwise;holes in walls and doors;damaged ceiling tiles because of installation of phone lines,computer lines,or otherwise. All alterations,additions,improvements and partitions erected or installed by Tenant,and Tenant's personal property, including but not limited to Tenant's trade fixtures and signs(both interior, within the Premises,and exterior,if applicable,affixed to the building), must be removed by the date of termination of this Lease,and Tenant,at its expense,shall forthwith restore the Premises,the Building,the parking areas and walkways,the landscaped areas,or any other part of the Landlord's property affected by Tenant's Improvements to their Original Condition,unless Landlord gives Tenant notice that some or all of such alterations,additions,improvements and partitions(the"Designated Improvements")shall remain upon the Premises, in which case the Designated Improvements shall remain upon the Premises and will become the property of Landlord as of the date of such termination,but the Tenant shall nevertheless restore the Premises,the Building,the parking 10 areas and walkways,the landscaped areas,or any other part of the Landlord's property affected by Tenant's Improvements to their Original Condition except for the Designated Improvements. Tenant's failure to remove all or part of Tenant's personal property upon expiration or termination shall be deemed an abandonment to Landlord of such personal property and, if Landlord elects to remove all or any part of said personal property,the cost of such removal, including repairing any damage to the Premises,the Building,the parking areas and walkways,the landscaped areas,or any other part of the Landlord's property affected by Tenant's Improvements caused by such removal,shall be paid by Tenant. Without limiting the foregoing, if installed by Tenant,telephone systems,computer systems,fire alarm systems,burglar alarm systems and any other security systems affixed to, imbedded in,resting upon,or attached to any part of the Premises,by means of cement,glue,plaster, nails, bolts,screws,or any other fastening devices shall upon termination of this Lease,be removed by Tenant,and Tenant,at its sole cost and expense,prior to termination of the Lease,shall restore the Premises,the Building,the parking areas and walkways, the landscaped areas,or any other part of the Landlord's property affected by Tenant's Improvements to their Original Condition. As used herein the term"Original Condition"shall mean the condition of the Premises,the Building,the parking areas and walkways,the landscaped areas,or any other part of the Landlord's property affected by Tenant's Improvements immediately prior to any alterations,additions,improvements,partitions,changes or renovation to the same by or on behalf of the Tenant. ARTICLE XIX: HOLDING OVER 19.1 Any holding over by Tenant of the Premises after the expiration of this Lease will operate and be construed to be a tenancy from month to month only,at a monthly rental of One Hundred Fifty Percent(150%)of the last monthly base rental plus all other additional rent payable hereunder,and upon the terms hereof applicable to month-to-month tenancy. 19.2 Nothing contained in this Article is to be construed to give Tenant the right to hold over at any time and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and damages resulting from any such holding over. ARTICLE XX: DEFAULT The occurrence of any one or more of the following events will constitute a default hereunder: A. Tenant vacates or abandons the Premises. B. Tenant defaults in any payment due hereunder and such default continues for ten(10)days after written noticethereof. After two(2)such notices in any consecutive twelve(12)month period,Tenant shall be deemed in default of the terms of this lease if Tenant defaults in any payment due hereunder and such default continues for ten(10)days after the due date thereof, and no additional notice of default shall be required from Landlord. C. Tenant fails to observe or perform any of the covenants,conditions or provisions of this Lease to be observed or performed by Tenant other than non-payment of sums due hereunder,and Tenant fails to cure such default within fifteen(15) days after notice thereof in writing to Tenant or if such default can not reasonable be cured within fifteen(15)days,unless Tenant begins such cure within fifteen(15)days and diligently pursues such cure. D. Tenant petitions to be,or is declared bankrupt,or insolvent according to law,or if a receiver be appointed for Tenant,or for all or a substantial portion of its property,or if an assignment for the benefit of creditors is made by Tenant. ARTICLE XXI: REMEDIES Upon the occurrence of any one or more of such events of default,Landlord may at its election,terminate this Lease or terminate Tenant's right to possession only without terminating this Lease.Upon termination of this Lease or of Tenant's right to possession,Landlord may re-enter the Premises with or without process of law using such force as may be necessary,and remove all persons,fixtures and chattels therefrom and Landlord will not be liable for any damages resulting therefrom.Upon termination of this Lease,Landlord will be entitled to recover as damages(1)all rent and other sums due and payable by Tenant on the date of Termination, (2)an amount equal to the value of the rent and other sums provided herein to be paid by Tenant for the residue of the stated term hereof,less the fair rental value of the Premises for the residue of the stated term(taking into account the time and expenses necessary to obtain the replacement tenant or tenants, including expenses relating to the recovery 11 of the Premises,brokerage and management commissions,operating expenses,reasonable attorneys'fees,and alteration costs), and (3)the costs of performing any other covenants to be performed by Tenant.If Landlord elects to terminate Tenant's right to possession only, without terminating the Lease,Landlord may,at Landlord's option enter into the Premises,remove Tenant's signs and other evidence of tenancy,and take and hold possession thereof as herein above provided,without such entry and possession terminating the Lease and releasing the Tenant in whole or in part,from Tenant's obligations to pay rent hereunder for the full term or from any of its other obligations under this Lease.Landlord may,but will not be under any obligation to,re- let all or any part of the Premises for such rent and upon term satisfactory to Landlord(including the right to re-let the Premises for a term greater or lesser than that remaining under the Lease term,and the right to re-let the Premises as a part of a larger area,and the right to change the character or use made of the Premises).For the purpose of such re-letting,Landlord may decorate or make repairs,changes,alterations or additions in or to the Premises that may be necessary or convenient.If Landlord does not re-let the Premises,Tenant will pay the Landlord on demand damages equal to the amount of the rent and other sums provided herein to be paid by Tenant for the remainder of the Lease term.If the Premises are re-let and a sufficient sum is not realized from such re-letting after paying all of the expenses of such re-letting and the collection of the rent accruing therefrom to satisfy the rent herein provided to be paid for the remainder of the Lease term,Tenant will be liable for the difference in rent. Nothing herein shall limit or prejudice the right of the Landlord to prove for and obtain in proceedings for bankruptcy or insolvency by reason of any such termination,an amount equal to the maximum allowed by any statute or rule of law in effect at the time when,and governing the proceedings in which,the damages are to be proved,whether or not the amount of the loss or damage referred to above. ARTICLE XXII: ATTORNEYS'FEES If on account of any breach or default by Tenant in Tenant's obligations under the terms and conditions of this Lease, it becomes necessary or appropriate for Landlord to employ or consult with an attorney or attorneys concerning or to enforce or defend any of Landlord's rights or remedies hereunder,Tenant agrees to pay all reasonable attorneys'fees so incurred. In addition, in the event that Landlord incurs attorneys' fees in the successful defense against any claim by Tenant of breach by Landlord of Landlord's obligations under the terms and conditions of this Lease,Tenant agrees to pay all reasonable attorneys' fees so incurred. ARTICLE XXIII: NO WAIVER The waiver by Landlord of any breach of any term,covenant or condition herein contained will not be deemed to be a waiver of such term,covenant or condition for any subsequent breach of the same or any other term,covenant or condition herein contained.The acceptance by Landlord of any payment of rent or other charges hereunder after termination by Landlord, shall not be deemed to restore this Lease or Tenant's right to possession hereunder,but will be construed as a payment on account of damages due from Tenant to Landlord.No remedy hereunder shall be deemed to be exclusive,but shall be cumulative with all other remedies at law or equity. ARTICLE XXIV: BROKER Tenant warrants that it has had no dealings with any broker or agent in connection with this Lease.Tenant covenants and agrees to pay,hold harmless and indemnify Landlord and Landlord's first mortgagee for any compensation,commissions and charges claimed by any other broker or agent with respect to this Lease or any extension hereof. ARTICLE XXV:LANDLORD'S LIEN In addition to any statutory lien,Landlord will have and Tenant hereby grants to Landlord a continuing security interest for all sums of money becoming due hereunder upon personal property of Tenant situated on the Premises and such property will not be removed therefrom without the consent of the Landlord until all sums of money then due the Landlord will have been first paid and discharged. In the event of a default under this Lease,Landlord will have in addition to all other remedies provided herein or by law,all rights and remedies under the Uniform Commercial Code,including without limitation the right to sell the property described in this section at public or private sale upon five(5)days'notice to Tenant.Tenant hereby agrees to execute such financing statements and other instruments necessary or desirable in Landlord's discretion to protect the security interests herein created.This contractual lien will be in addition to any statutory lien for rent. 12 ARTICLE XXVI:MORTGAGES 26.1 Tenant accepts this Lease subject to and subordinate to any first mortgage(s)and/or deed(s)of trust now or at any time hereafter constituting a lien or charge upon the Premises provided however that if the first mortgagee,trustee or holder of any such first mortgage or deed of trust elects to have Tenant's interest in this Lease be superior to any such instrument,then by notice to Tenant from such first mortgagee,trustee or holder,this Lease will be deemed superior to such lien, whether this Lease is executed before or after such first mortgage or deed of trust.Tenant will at any time hereafter on demand execute any instruments, which may be required by any first mortgagee for the purposes of subjecting and subordinating this Lease to the lien of any such first mortgage.Tenant will give notice to any first mortgagee whenever notice is given to Landlord by Tenant hereunder and no such notice to the Landlord will be effective unless also given to any first mortgagee.In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any first mortgage or deed of trust made by Landlord covering the Premises,or in the event that any first mortgagee obtains possession of the property by deed in lieu of foreclosure,or in any other similar matter,the Tenant at the request of any such first mortgagee or purchaser upon any such foreclosure or sale will attorn to the first mortgagee or the purchaser,and recognize such first mortgagee or purchaser as the Landlord under this Lease.Tenant will at the request of the Landlord,execute a document in form proper for recording such agreement to attorn. Notwithstanding the foregoing,Tenant shall have the right to remain in possession of the Premises under the terms of this Lease,so long as Tenant is not in default(which in applicable instances shall not be until the notice period,if any,provided in this Lease,shall have run without full compliance)under any of the covenants,conditions and agreements contained in this Lease. 26.2 In the event of any default on the part of the Landlord,Tenant will give notice by registered or certified mail to any beneficiary of a deed of trust or mortgagee of a first mortgage covering the Premises whose address shall have been furnished to Tenant,and shall offer such beneficiary or first mortgagee a reasonable opportunity to cure the default,including time to obtain possession of the Premises by power of sale or a judicial foreclosure, if such should prove necessary to effect a cure. ARTICLE XXVII:NOTICES All notices required by the terms of the Lease or by any governmental law,ordinance,regulation or other requirements will be deemed satisfied if notice is given in writing by deposit in the United States mail postage prepaid,certified mail,return receipt requested,of a notice addressed to the parties at the addresses listed herein or at such other address as the parties may specify from time to time by written notice delivered in accordance herewith. LANDLORD: 10 Mag Owner,LLC. c/o R.J. Kelly Company 55 Cambridge Street Burlington,MA 01803 TENANT: The Hangar at 10 Mag Owner,LLC 55 Cambridge St,Suite 300 Burlington,MA 01803 ARTICLE XXVIII: MISCELLANEOUS 28.1 The terms,provisions,covenants and conditions contained in this Lease contain all agreements of the parties with respect to any manner mentioned herein and will apply,and inure to the benefit of,and be binding upon,the parties hereto and upon their respective heirs,legal representatives,successors and permitted assigns except as otherwise herein expressly provided.This Lease may be modified in writing only,signed by Landlord and Tenant. 28.2 Tenant agrees,from time to time,within ten(10)days after request by Landlord,to deliver to Landlord,or Landlord's designee,an estoppel certificate stating that this Lease is unmodified and in full force and effect(or if there have been modifications,that the Lease is in full force and effect as modified and stating the modifications),the date to which rent and other charges have been paid,the unexpired term of this Lease,whether there are any defaults or rent abatements or offsets claimed by Tenant and such other matters pertaining to this lease as may be reasonably requested by Landlord,it being intended that any such statement delivered pursuant to this subparagraph may be relied upon by any prospective purchaser of the fee or 13 mortgagee or assignee of any mortgagee upon the fee of the Premises or any other party,and their respective successors and assigns. 28.3 Time is of the essence with respect to the due performance of the terms,covenants and conditions herein contained. 28.4 If any term or provision of this Lease is to any extent held invalid or unenforceable,the remaining terms and provisions of this Lease will not be affected thereby,but each term and provision of this Lease will be valid and be enforceable to the fullest extent permitted by law. 28.5 The voluntary or other surrender of this Lease by Tenant,or a mutual cancellation hereof,shall not work a merger, and shall, at the option of Landlord,terminate all or any existing sub tenancies or may,at the option of the Landlord,operate as an assignment to Landlord of any or all of such sub tenancies. 28.6 If Tenant is a corporation,each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation or in accordance with the Bylaws of said corporation,and that this Lease is binding upon said corporation in accordance with its terms. 28.7 This Lease will be construed and enforceable in accordance with the laws of the state where the Premises are located. 28.8 Nothing in this Lease is to be deemed to limit or affect the right of Landlord to sell,assign,encumber,transfer, lease or otherwise dispose of any or all of Landlord's interest in any or all of the Premises or in any or all of the Building.The term "Landlord" as used herein shall mean only the owner or owners at the time in question of the fee title or a tenant's interest in a ground lease of the Premises.In the event of any transfer of such title or interest,Landlord herein named(and in case of any subsequent transfers the then grantor)shall be relieved from and after the date of such transfer of all liability as respects Landlord's obligations thereafter to be performed,provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest,shall be delivered to the grantee.The obligations contained in this Lease to be performed by Landlord shall, subject as aforesaid,be binding on Landlord's successors and assigns,only during their respective period of ownership. 28.9 Except as set forth in such addendum or exhibit,all tenant improvements to the Premises shall be the sole responsibility of Tenant and made at Tenant's sole cost. 28.10 The initialed Riders,Addenda,and Exhibits, if any,annexed hereto are incorporated herein by reference. 28.11 Tenant,upon paying the rents and performing all of the terms on its part to be performed,shall peaceably and quietly enjoy the Premises subject,nevertheless,to the terms of this Lease and to any mortgage,agreements or other matters of record to which this Lease is subordinated. 28.12 Neither Tenant nor any of its affiliates,nor any of their respective brokers or other agents acting in any capacity in connection with the transactions contemplated by this Lease,is or will be(a)conducting any business or engaging in any transaction or dealing with any person appearing on the U.S.Treasury Department's OFAC list of prohibited countries, territories, "specifically designated nationals"("SDNs")or"blocked person"(each,a"Prohibited Person")(which lists can be accessed at the following web address: http://www.ustreas.gov/offices/enforcement/ofac/),including the making or receiving of any contribution of funds,goods or services to or for the benefit of any such Prohibited Person; (b)engaging in certain dealings with countries and organizations designated under Section 311 of the USA PATRIOT Act as warranting special measures due to money laundering concerns;(c)dealing in,or otherwise engaging in any transaction relating to,any property or interests in property blocked pursuant to Executive Order No. 13224 dated September 24,2001,relating to"Blocking Property and Prohibiting Transactions With Persons Who Commit,Threaten to Commit,or Support Terrorism";(d)a foreign shell bank or any person that a financial institution would be prohibited from transacting with under the USA PATRIOT Act;or(e)engaging in or conspiring to engage in any transaction that evades or avoids,or has the purpose of evading or avoiding,or attempting to violate,any of the prohibitions set forth in(i)any U.S. anti-money laundering law, (ii)the Foreign Corrupt Practices Act, (iii)the U.S. mail and wire fraud statutes,(iv)the Travel Act,(v)any similar or successor statutes,or(vi)any regulations promulgated under the foregoing statutes. If at any time this representation becomes false,then it shall be considered a Default under this Lease as to which there shall be no right to notice or an opportunity to cure,notwithstanding anything contained in 14 this Lease to the contrary,and Landlord shall have the right to immediately exercise all of the remedies set forth in this Lease, which shall specifically include immediate termination of this Lease. IN WITNESS WHEREOF,Landlord and Tenant have executed this Lease as of the day and year first above written at the place and on the dates specified adjacent to their respective signatures,as a sealed instrument. LANDLORD: 10 Mag Owner,LLC. Executed at Burlington,Massachusetts on By: Bra n Kel TENANT:The Hangar a 1 ag,LLC Executed at By: Brandon Kelly on V Exhibit A (Premises) ._.................. o , ui CL e U) CL " M1 a o , r LO co CL 9 ,� 1.3 a cn Un L— g /' a � cncn a k IF t J f a s w M cm megg, zw CoCDj v _... 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Ma6T IG!6 Y!W6M1 1[1}� wMOORIOTtOON•ITp %•eWiy����ql leO•�1iY�Y��pyl•[91D1Q�1Oyr[ a �M•0�1•I R�u4wip i.Mrd,I.NO.T.K�YfYDs OLL bf D rt 1•�•ao-orc 1flf.-•IIL .v.wanyowlla,+wlnY.w+lw�.n�e�.ann+kw•ow`re.o 18 EXHIBIT B RULES AND REGULATIONS 19 ATTACHED TO AND MADE A PART OF THIS LEASE 1. No sign,placard,picture,advertisement, name or notice shall be inscribed,displayed or printed or affixed on or to any part of the outside of the Building without the written consent of Landlord first had and obtained and Landlord shall have the right to remove any such sign,placard,advertisement,name,or notice without notice to and at the expense of Tenant. All approved signs or lettering on doors shall be printed,painted,affixed or inscribed at the expense of Tenant by a person approved by Landlord. Tenant shall not place anything or allow anything to be placed near the glass of any window,door,partition or wall which may appear unsightly from outside the Premises. 2. No Tenant shall have any property stored outside,except with the prior consent of Landlord. 3. All sidewalks,halls,passages,exits,entrances,elevators and stairways,if any,of the Building shall not be obstructed by Tenant or used for any purpose other than for ingress to and egress from its respective Premises.No Tenant and no employees or invitees of Tenant shall go up on the roof of the Building. 4. Tenant shall not alter any lock nor install any new or additional locks or any bolts on any door of the Premises. 5. Tenant shall not overload the floor of the Premises or mark,drive nails,screw or drill into the partitions, woodwork or plaster or in any way deface the Premises or any part thereof. 6. Tenant shall not use,keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Building by reason of noise,odors and/or vibrations,or interfere in any way with the other tenants or those having business therein,nor shall any animals or birds be brought in or kept in or about the Premises or the Building. 7. No cooking shall be done or permitted by Tenant on the Premises,nor shall the Premises be used for washing clothes, for lodging,or for any improper,objectionable or immoral purposes. 8. Tenant shall not use or keep in the Premises or the Building any kerosene,gasoline or flammable or combustible fluid or material,or use any method of heating or air conditioning other than that supplied by Landlord. 9. Landlord will direct electricians as to where and how telephone and telegraph wires are to be introduced.No boring or cutting for wires will be allowed without the consent of the Landlord.The location of all telephones,call boxes and other office equipment affixed to the Premises shall be subject to the approval of Landlord. 10. Tenant,upon termination of its tenancy,shall deliver to the Landlord the keys of offices,rooms and toilet rooms which shall have been furnished the Tenant or which the Tenant shall have had made,and in the event of loss of any keys so furnished, shall pay the Landlord therefor. 11. The Landlord reserves the right to exclude or expel from the Building any person who,in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs,or who shall in any manner do any act in violation of any of the Rules and Regulations of the Building. 12. No vending machine or machines of any description shall be installed,maintained or operated upon the Premises without the written consent of the Landlord. 13. Tenant shall not disturb,solicit or canvass any occupant of the Building and shall cooperate to prevent same. 14. Any permitted corrosive,flammable or other special wastes shall be handled for disposal as directed by Landlord,and always in accordance with all applicable governmental laws and regulations,and subject to the provisions of Article VI,Section 6.4(Hazardous Use)of the Lease. 20 15. Tenant's use of the Common Areas shall be limited to access and parking purposes and under no circumstances shall Tenant be permitted to store any goods or equipment,conduct any operations or construct or place any improvements,barriers or obstructions in the Common Areas,or otherwise adversely affect the appearance of same. 16. In order to prevent damage or unreasonable wear and tear to carpeting and other floor covering that is or may become the property of the Landlord under the terms of the Lease,Tenant shall,at Tenant's expense,provide chair mats for all desk chairs used in the Premises and furniture cushions or other suitable protection under all desks,tables and other furniture and equipment kept in the Premises.Damage caused to carpeting or floor covering because of Tenant's failure to comply with this rule shall not be considered "reasonable" or"ordinary" wear and tear under the Lease in determining Tenant's liability for damage to the Premises or Tenant's duty to repair,restore or maintain the Premises. 17. The moving of equipment,furniture and freight into or out of the Premises shall occur only on previous notice to Landlord and at such times as Landlord shall designate.The persons employed to move such equipment,furniture,or freight in and out of the Building must be acceptable to Landlord.No equipment,furniture or freight of any description shall be received into the Building except during the hours designated by Landlord. Landlord shall in all cases have and retain the power to prescribe the weight,proper position,and manner of support under all heavy furniture,equipment and freight,and all damage done to the Building by moving in or out any equipment, furniture or freight,or during the time it is in or on the Premises,shall be repaired at the expense of Tenant,but by contractors or mechanics named by Landlord. 18. Tenant shall refrain from"excessive operation" (as herein defined)of the air conditioning equipment servicing the Premises. Operation of the air conditioning equipment servicing the Premises is defined as"excessive operation" in any if the following cases: a.) Operation during more than twelve(12)hours each day;or b.) Operation during more that six(6)days each week; or C.) Operation during any period other than the normal cooling season(May 15 through September 15 each year). Tenant shall give prior written notice to the Landlord of any anticipated requirement for excessive operation of the air conditioning equipment servicing the Premises in order to give the Landlord the opportunity to make any modifications or changes to such equipment then existing as Landlord in its sole discretion may deem necessary or desirable in order to assure that the equipment will be able to satisfy the demand imposed by such excessive operation;however,the Landlord shall not be obliged to make any such modifications or changes to the equipment. Notwithstanding anything to the contrary contained in any other term or provision of the Lease or the Exhibits, Addenda,or Riders thereto,if Tenant requires the excessive operation of the air conditioning equipment servicing the Premises, Tenant shall at its sole cost and expense and without any cost to Landlord,keep in good order,repair and replace as necessary, all such air conditioning equipment.If Tenant refuses or neglects to make or perform such maintenance,repairs, or replacements,in a manner satisfactory to Landlord,Landlord shall have the right upon giving Tenant reasonable written notice (except in situations deemed to be emergency situations by Landlord)to perform such maintenance,or to make such repairs or replacements on behalf of and for the account of Tenant and Tenant shall pay Landlord's costs of such work as additional rent promptly upon receipt of a bill therefor. 19. Landlord reserves the right to make such other and further nondiscriminatory Rules and Regulations as in its judgment may be necessary or desirable for the safety,care and cleanliness of the Premises and the Building and for the preservation of good order therein.Tenant agrees to abide by such Rules and Regulations which are adopted. 20. Tenant and its employees shall park in areas designated by Landlord if requested.All night parking shall only be allowed in areas designated by Landlord. 21 21. No smoking shall be permitted anywhere within the Premises or Building. Smoking is only permitted designated smoking areas outside the building. LAND . RD_ _...a. TEN-ANT 22 EXHIBIT C OPTION TO EXTEND TERM 1. Tenant shall have the right, to be exercised as hereinafter provided,to extend this Lease for two(2)periods of five(5) years each on the following terms and conditions: A. No default by Tenant shall be existing or continuing in the performance of any of the terms,covenants and conditions of this Lease in respect of a matter as to which notice of default has been given hereunder;provided, however,that in the event of any default that cannot with due diligence be cured prior to the last date on which Tenant is entitled to exercise such right of extension,Tenant may nevertheless exercise such right and shall be entitled to the respective Renewal Term, if Tenant shall have proceeded promptly after the service of any notice of default to commence to cure the default,and thereafter completes the curing of the default with due diligence. B.The First and Second Renewal Terms shall be on the same terms,covenants and conditions as in the Lease provided,with Base Rent and Additional Rent being the same as outlined in Sections 3.1 and 3.2 of this lease. C. There shall be no privilege to extend the term of this Lease for any period of time beyond the extended term(s) provided for herein. 2. Tenant shall exercise its right to extend the term in the following manner:At least twelve(12)months prior to the expiration of the then current term,Tenant shall notify Landlord of its election to exercise the right to extend the term of this Lease.On the giving of such notice of election,the Lease shall be deemed to be extended and the term thereof extended for a period of five(5)years from the date of the expiration of the then current term.A new Lease for the extended term shall be unnecessary on such extension,the Lease Agreement constituting a present demise for both the original and extended terms. 3. If, at the time of commencement of the extended term,there shall be existing or continuing any default in the performance of any of the terms,covenants,or conditions of this Lease on the part of the Tenant to be performed,Landlord's right to exercise any remedy for such default set forth in this Lease or in any statute or rule of law,arising out of such default, shall continue during such extended term in the same manner and with the same effect as though the term of this Lease in which default occurred had not ended. 4. In the event the Termination Date of the initial term of the Lease,set forth in Section 2.1 of Article II of the Lease,is extended or otherwise modified by written agreement of the parties(other than because of a delay in the commencement date of the initial term of the Lease in accordance with Section 2.2 of Article of the Lease),then this Option to Extend Term shall be deemed to be null and void and of no force or effect. LANDLORD TENANT 23 EXHIBIT D INTENTIONALLY OMITTED 24 EXHIBIT E SPECIAL CLAUSES 1. ASSIGNMENT AND SUBLETTING Notwithstanding anything to the contrary in Article XII(Assignment and Subletting)of the Lease,Landlord's consent to any assignment or subletting of all or any part of the Premises shall not be unreasonably withheld.Nevertheless,Landlord's consent to any such assignment or subletting shall be conditioned upon the following,failure to comply with which shall permit Landlord to refuse to consent to such assignment or subletting without such refusal being deemed unreasonable: A. Unless the Premises are assigned or sublet to Landlord as hereinafter provided,the Premises shall be used by the assignee or subtenant only for purposes identical to those set forth in Article VI,Section 6.1 (USE) of the Lease, and for no other purpose.If the Premises are assigned or sublet to Landlord,the Premises may be used by Landlord,its successors and assigns,for any and all lawful purposes. B. If Tenant shall desire to make any assignment or subletting,Tenant shall notify Landlord in writing of the terms of any proposed assignment or subletting,the name and address of the proposed assignee or subtenant and in the case of a sublease,the area proposed to be sublet.Upon receipt of Tenant's notice,Landlord shall have the following options,to be exercised within thirty days thereafter(the"Option Period"): (i) Consenting; (ii) Reasonably withholding or delaying consent; (iii) Canceling this Lease if the proposed assignment or subletting shall be for all or substantially all of the Premises,as of the date proposed by Tenant for such assignment or subletting;or (iv) Subleasing the space,if the proposed subletting shall be for less than substantially all of the Premises, at the lesser of(a)the rental rate per square foot payable under the Lease,or(b)the proposed rental rate set forth in Tenant's notice. If Landlord exercises this option(iv),the term of the subletting from Tenant to Landlord and the other terms and conditions thereof shall be as set forth in Tenant's notice(with the exception of provisions relating to use and further subletting)and in this Lease,to the extent applicable. C. In the event of any assignment or subletting,all "Occupancy Rentals" (as hereinafter defined)derived from such assignments or sublettings shall be reported monthly to Landlord in a writing certified to by Tenant's chief financial officer by the twentieth(20th)day of the month next following the month in which such Occupancy Rentals are due and payable,and Tenant shall simultaneously pay to Landlord as additional rent under this Lease a sum equal to the amount by which such Occupancy Rentals due and payable from such assignments and subleases each month exceeds the amounts for similar rents,monies,and other considerations due from Tenant to Landlord under the terms of this Lease.Additionally,the terms "assignment" and"sublease" shall include all assignment(s),sublease(s), underletting(s)at any level,tenancy(ies),concession(s),license(s),franchise(s),or other arrangement(s)for the use or occupancy of the Premises and the term"rents", "rental",or"Occupancy Rentals" shall include all rent, monies,and other considerations paid for the use or occupancy of the Premises or any part thereof. D. (As used herein,the term"Affiliate" shall mean any corporation which directly or indirectly,controls or is controlled by or is under common control with Tenant.For this purpose, "Control" shall mean the possession,directly or indirectly,of the power to direct or cause the direction of the management and policies of such corporation, whether through the ownership of voting securities or by contract or otherwise.As used herein,the term"Subsidiary"shall mean any corporation not less than fifty percent(50%)of whose outstanding stock shall,at the time,be owned directly or indirectly by Tenant or Tenant's parent corporation.)Tenant may,without Landlord's approval,assign its interest under this Lease to permit the use of the Premises by,or sublet all or any part of the Premises to a Subsidiary, Affiliate, or parent of Tenant;provided: (i)that Tenant shall not be in default under the terms of this Lease,(ii)that in 25 each instance Tenant's successor shall assume all the obligations of this Lease on the part of Tenant to be performed, (iii)that the net worth of the successor shall be equal to or greater than the greater of either(a)Tenant's net worth at the time of the execution of this Lease,or(b)Tenant's net worth at the time of the proposed assignment or transfer,(iv) Tenant shall remain fully and primarily liable hereunder and shall not be released from performing any of the terms of this Lease, including,but not limited to,the obligations to pay rent and other charges due or to become due hereunder, (v)Tenant's successor shall not use or permit or suffer the use of the Premise for any purpose not provided in the Lease, (vi)Tenant's successor shall not require Landlord to make any amendment to the Lease or modification to the Premises,(vii)Tenant shall provide at least thirty(30)days prior written notice to Landlord of its intention to assign its interest under the Lease or to sublet the Premises,together with the identity of Tenant's proposed successor,and (viii)Tenant and Tenant's successor shall provide Landlord all relevant information Landlord may reasonably require to satisfy itself that the foregoing requirements have been met. E. Notwithstanding any provisions of the Lease or its Exhibits to the contrary,the sale and transfer of the stock of the Tenant shall not be deemed an assignment or transfer of this Lease even if such transfer results in a change of voting control of Tenant as long as the ownership or control of Tenant remains vested in the family or families of the present owners of the stock,or any of them,or in any event, if such change arises by devolution by will or intestacy. 2. LANDLORD'S FINANCING CONTINGENCY In the event that any mortgagee of the Premises shall request any change or amendment to this Lease,and if Tenant shall refuse to agree to such amendment,except for change of Rentals,Term,Permitted Uses,or the size or dimensions of the Premises,or any other material provisions, and thereby Landlord shall be threatened with the loss of financing,or if Landlord's financing shall be adversely affected thereby,Landlord shall have the right to terminate this Lease by written notice to Tenant (which notice shall state a"Termination Date"of no sooner than thirty(30)days after the date of the notice),and all advanced rents and other sums paid hereunder shall be paid to Tenant and this Lease shall be void and without further recourse to either party hereto, unless prior to the said"Termination Date"Tenant agrees in writing to such change or amendment, in which event the Lease shall continue in full force and effect,as changed or amended. LANDLO TENANT FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE(this"First Amendment"),dated as of November _, 2018 (the"Effective Date"),is made and entered into by and between 10 MAG OWNER LLC, a Massachusetts limited liability company("Landlord"),and THE HANGAR AT 10 MAG, LLC., ("Tenant'). RECITALS A. Landlord and Tenant are parties to that certain Lease as of November 15,2018 (the "Lease")for that portion of the premises known as 10 Maguire Road,Lexington,Massachusetts(the "Original Premises") consisting of 4,768 square feet of Rentable Floor Area located on the north side of Maguire Road as more particularly described in the Lease (the"Existing Site"). B. Landlord and Tenant wish to clarify the location of the Existing Premises known as Maguire Road,Lexington Assessors Map 85 Lot 16(the"Site")and identified on the plan attached hereto as Exhibit A (the "Site Plan"). D. Landlord and Tenant wish to make certain amendments and modifications to the terms and provisions of the Lease consistent with the foregoing as hereinafter set forth. The Lease, as modified by this First Amendment,is hereinafter referred to as the"Lease."Capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Lease. AGREEMENT: NOW,THEREFORE, in consideration of the premises,the sum of Ten Dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and confessed, Landlord and Tenant hereby agree as follows: 1. Tenant's Premises; Building. (a) Effective as of the Commencement Date,(i)the definition of Tenant's Site as set forth in the Lease shall be amended by deleting the Existing Site there from and substituting the Site in lieu thereof, (ii) the term "Tenant's Site" and all references in the Lease to "Tenant's Site" shall mean the Site. 2. Ratification; Assumption. Except as amended by this First Amendment,all other terms,conditions,covenants and provisions as appear in the Lease are hereby ratified and confirmed and shall remain unchanged.Tenant hereby expressly assumes all obligations and liabilities as tenant under the Lease, and hereby agrees to be bound by the terms and conditions thereof and to perform all the obligations of tenant thereunder as if Tenant were the original signatory to the Lease. (W6725359.1) i IN WINESS WHEREOF, the parties have caused this First Amendment to be duly executed under seal as of the date first written above. LANDLORD: CIP II/RJK 10 MAG jN ER LLC. By: Name• . elly . uthorized Signatory TENANT: E HANGAR AT 1 C. on elly e: A ized Signatory (W6725339.1) EXHIBIT A Site Plan IbAN♦` y � i e e neve a t \ I" war�a�s. act amm �Sl I / t aTOIAL EA 006 �'��5 F. �y v6B61 AC. ++Tu� �T 2Mn 20 Of sw f 1 n V srcc y. � LU u Jv I W6725359.1 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE (this "Second Amendment"), dated as of December 13 , 2018 (the "Effective Date"), is made and entered into by and between 10 MAG OWNER LLC,a Massachusetts limited liability company("Landlord'),and THE HANGAR AT 10 MAG,LLC., ("Tenant"). RECITALS A. Landlord and Tenant are parties to that certain Lease as of November 15,2018,and that certain First Amendment to Lease dated November 29,2018,(together herein referred to as the "Lease")for that portion of the premises on Maguire Road,Lexington,Massachusetts(the"Original Premises") consisting of 4,768 square feet of Rentable Floor Area located on the north side of Maguire Road as more particularly described in the Lease(the "Existing Site"). B. Pursuant to this Second Amendment,the Landlord and Tenant wish to further clarify the location of the Original Premises as 3 Maguire Road,Lexington,Massachusetts(the"Site")and identified on the plan attached hereto as Exhibit A (the "Site Plan"). C. Landlord and Tenant wish to make certain amendments and modifications to the terms and provisions of the Lease consistent with the foregoing as hereinafter set forth. The Lease, as modified by this Second Amendment,is hereinafter referred to as the"Lease."Capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Lease. AGREEMENT: NOW,THEREFORE,in consideration of the premises,the sum of Ten Dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and confessed, Landlord and Tenant hereby agree as follows: 1. Tenant's Premises; Building. (a) Effective as of the Commencement Date,(i)the definition of Tenant's Site as set forth in the Lease shall be amended by deleting the Existing Site there from and substituting the Site in lieu thereof, (ii) the term "Tenant's Site" and all references in the Lease to "Tenant's Site" shall mean the Site. 2. Ratification; Assumption. Except as amended by this Second Amendment, all other terms, conditions, covenants and provisions as appear in the Lease are hereby ratified and confirmed and shall remain unchanged. Tenant hereby expressly assumes all obligations and liabilities as tenant under the Lease, and hereby agrees to be bound by the terms and conditions thereof and to perform all the obligations of tenant thereunder as if Tenant were the original signatory to the Lease. (W6725359.1) IN WINESS WHEREOF, the parties have caused this Second Amendment to be duly executed under seal as of the date first written above. LANDLORD: CIP EVRJK 10 MAG OWNER LLC. By: >tle: don D. Kelly uthorized Signatory TENANT: THE HANGAR AT AG, LLC. By: Name=brized Kelly Title: ignatory W6725359.l EXHIBIT A Site Plan L_ye it 8 I.c e ::11771d o. n 0 , , I� ¢ I owiMa �►`�. f3 �er wamu '1 ...9rLoY � ........ scim+c �ee�e � co OTAL i J ti 117.D06RS F. // t 6 61 AC m39 / m r R ! / a°x,o a .L Lu g f A/ I- I (W6725159.1) ---------------- —--------------------- . .......... ..... ............... o cc w CL CL 0 0 LO co cu 4— NMI 0 ca V rc X LU 0 --——---- -- ............ V) to w. Cl F- C,4: ------------------------ z < D < OD U, ............. Lou Z C? LLJ CoOW<LZF<- co CN f wo 0.LU oL'u-8 00 FZ-0 Wo L.L LU 0(D LU LL LL <00 52.< Lu 'n-U�,Lwu:�,Z' v. OZ :Z:) 00'I \ ag4 all --------------- ZZ, ....................... .......... ............. ...................................I... ............ ........................................ a5-coR�rjC� TOWN OF LEXINGTON O 6�• moo ,. LANNING OFFICE Carol Kowalski,Interim Planning Director 1625 Massachusetts Avenue David Kucharsky,Assistant Director David Fields,Planner x Lexington,Massachusetts 02420 Tel: 781-698-4560 nrsiL[p,d ,,,i planning@lexin,�ztonma.gov -- www.lexingtonma.gov/planning Date: June 27, 2018 To: Shawn Smith, R.J. Kelly Cc: James Kelly, Building Commissioner Planning Board Files2 u From: David Fields, Planner Re: Minor Site Plan Review, 3 Maguire Road Submission Materials Q{ • An executed application requesting administrative review of an expansion less than 5,000 gross square feet. • Site plan prepared by Allen&Major Associates,Inc., comprised of 23 sheets, dated April 30, 2018. • A revised site plan prepared by Allen&Major Associates, Inc., dated June 22, 2018. • A PTDM traffic narrative revised June 21, 2018. • A cover letter explaining all plan revisions dated June 22, 2018. Applicability Under the provisions of§135-9.5.2.1, exterior construction or expansion of a structure resulting in an increase of 500 square feet or greater of total building gross floor area or an increase in 500 square feet or greater of site coverage trigger review, however, per §176-9.4.1.1 as this alteration is less than 5,000 square feet the review is considered minor. The project seeks a minor modification to the on-site parking, with the removal of 41 parking spaces, and the construction of a structure of roughly 4,768 gross square feet to be used as restaurant space. Site Plan Review Design Standards Planning Office staff determines that the proposed development meets the criteria, objectives, and standards outlined in the Zoning Regulations for Site Plan Review, §176-9.0. These rules cover site design, pedestrian and vehicular access, aesthetics, and utilities. Decision In our review of the submitted materials, it was determined that the removal of parking spaces and the construction of the structure in place of these spaces does not render the site out of compliance with any Zoning Bylaw requirements governing the site and generally complies with the design standards contained in the Board's Regulations. The proposed modification is CONDITIONALLY APPROVED, with the following conditions: I. All construction associated with this project must conform to the plan set submitted, titled "Site redevelopment Plans for Restaurant 10 Maguire Road Lexington, MA", dated June 22, 2018 and prepared by Allen and Major, Associates, Inc. 2. This project, should it move forward to construction, will include a payment of$19,070 of which 25% is due upon receiving approval for this project from the Planning Office. Per §176-10.2.3.2 the remainder of this payment is due no later than the issuance of a Certificate of Occupancy by the Building Commissioner. 3. Per §176-10.2.5.5 the applicant is required to submit annual reports to the Town regarding PTDM measures. The Planning Office is waiving this requirement and future reporting for this project, and only this project, so that PTDM reporting will not be required. 4. In order to comply with §135-7.2 of the Code of Lexington the project must conform to all requirements, conditions, and traffic management techniques detailed in the Parking and Transportation Demand Management (PTDM) document, titled"10 Maguire Road PTDM Short Narrative Accompanying a Minor Site Plan Application for New Food Service Amenity", revised June 21, 2018. Carol Kowalski,Assistant Town Manager for Development and Interim Planning Director =aT 4w�"S AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Elks Request for Keno Screens (10 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 13 SUMMARY- The Lexington Eodge of Elks requests permission to install Keno screens at 959 Waltham Street, SUGGESTED MOTION: Move to (approve/not approve) the request for Keno screens to be installed at 959 Waltham Street, FOLLOW-UP: Selectmen's Of DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 7:50 p.m. ATTACHMENTS: I)escription Type D 1�:,mwwn 1JIol w(pw,,i fm Kcno Swcw, Hkii klip VNIcim) From: Lexington Elks Sent: Saturday, June 2, 201.8 8:08 PM Subject: Full Keno The ILexington ILodge of Elks requests permission to have full Keno in Our establishment. We Would appreciate an Opportunity to appear before the board of Selectmen at the next meeting. If YOU have any questions, please contact us by email or phone, at We look forward to hearing back from YOU regarding this request. Thank YOU, Hector Reyes ILexington ILodge of Elks AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss J'ax Deferral Income Limit Proposal for 2019 Annual 'Fown Meeting (20 min.) PRESENTER: ITEM Vicki Blier, Pat Costello, Co-Chairs, NUMBER: Tax Deferral and Exemption Study 1A Committee SUMMARY- Representatives from the Tax Deferral and Exemption Committee will discuss tax deferral income limit proposal for consideration at the Annual Town Meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 8:00 a.m. ATTACHMENTS: I)escription Type D ('Imn Hki�klip Mmcfm) Lexington Property Tax Deferral History Fiscal Interest Number Income Average 'Total Year Rate of 'Threshold Amount Amount Deferrals Deferred Deferred 2001 3.00®/ 23 $40,000 $3,519 $80,946 2002 3.00®/ 24 $40,000 $4,149 $99,582 2003 3.00®/ 21 $40,000 $3,836 $80,459 2004 3.00®/ 23 $40,000 $3,502 $80,459 2005 3.00®/ 16 $40,000 $4,688 $75,000 2006 3.00®/ --16 $40,000 $4,625 $74,000 2007 4.77®/ 15 $40,000 $4,905 $73,578 2008 4.92®/ 20 $40,000 $5,092 $101,832 2009 1.66% 26 $40,000 $5,938 ---�l 5-4,380 2010 0.63®/ 28 $50,000 $6,287 $176,034 2011 0.34% 28 $51,000 $6,335 $177,391 2012 0.26®/ 29 $60,000 $6,601 $191,457 2013 0.18% 29 $60,000 $6,898 $200,051 2014 0.15®/ 29 $65,000 $7,637 $221,479 2015 . 0.12% . 28 $65.000 $8,089 $226,501 2016 0.25®/ 43 $65,000 $8,524 $366,553 2017 0.66®/ 41 $70,000 $9,094 $372,859 2018 0.32®/ 42 $70,000 $9,569 $401,897 2019 1.96% ? $70,000 11-05-2018 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Hartwell Ave. Update (20 min.) PRESENTER: ITEM NUMBER: Carol Kowalski& Melisa Tintocalis t.5 SUMMARY- There are two parts to this presentation. First Carol Kowalski and Melisa Tintocalis will be giving a brief update on the Hartwell Ave Initiative and then Charles 14ornig will present two Town Meeting articles related to Hartwell Avenue that he is proposing. SUGGESTED MOTION: No motion required at this meeting, a general discussion or consensus is all that is expected. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 8:20 p.m. ATTACHMENTS: I)escription Type D Vlc)),,�i Povcipmm (''o I M,I I In D I Iro p o,,,d Zo i i)i i H M iv,,i I I d V1,i p("VI IJ) S I I I d i I d"'A I'VI'A I'k i k I I p M i 1,1)1) D I Iro p o,,,d Zo i i)i i H M iv, 1,1 o I I I "Y�i I d i I I d I I,i I I")H 0 1 I'A n i"'A I'VI'A f 1) 1'i k I I p M i 1,1)1) D \'Np ('M o%crW"" Iii klip Vlmcfm) Board of Selectmen Meeting 12/17/2018 Hartwell Zoning Initiative Update EDO summary of project's status 0 Quick Background: • Staff held an Economic Development Summit in 2017 Primary finding was that commercial values have been relatively flat over last ten years and there was need to have zoning that is flexible and meets current market • Subsequently, the BOS &"FM requested staff to develop a proposal to enhance commercial opportunities 0 In 2017/2018 • Staff worked to explore options—and we identified the Hartwell commercial district with the least impact and most potential We engaged property owners directly and discussed options for increasing investment such as 1) changes to existing CM, 2) expanding the district or 3) creating a new district or overlay by-law • We hired an urban design tearn and a real estate analyst to help develop a vision concept with planning strategies for the area N [Provide summary of the development program here (if tirne)] • With the concept, staff sought public input through several small informal meetings as well as standing public meetings including: the EDAC, Conservation Commission, Town Meeting precincts 7&8, and Drummer Boys Association • At the larger cornrnunitywide meeting in May of 2018 the concerns we heard the most was over traffic, fiscal impact, and town character. 0 2018 o Recognizing the critical concerns over traffic, staff hired Stantec to complete a traffic analysis, recommended improvements as well as generic cost estimates; the study was completed in July 2018 [Carol, how do you want to say that you were concerned about releasing the study?Below are the highlights from the study if we want to include... my sense is we should...] • The total planning level construction cost is estimated to be $47 million dollars, exclusive of design engineering, which could add another $5 million dollars to the cost • A preliminary planning-level evaluation of the tirnefrarne for the implementation of infrastructure was conducted, assurning a linear increase in commercial development construction in the corridor (associated with the proposed zoning initiative) over a 30 year time horizon. • The evaluation estimates that improvements at the Bedford Street/Hartwell Avenue intersection and Bedford Street corridor may be necessary approximately 10 years after the implementation of the proposed zoning initiative. • The evaluation estimates that the improvements to the Hartwell Avenue/Maguire Road intersection and Hartwell Avenue corridor may be necessary approximately 15 years after the implementation of the proposed zoning initiative In addition, assurning the proposed vision concept moved forward, staff worked with RKG consultants to develop a fiscal impact study and an infrastructure financing plan. The goal was to see how much additional development would cost the town in services compared to the revenue AND to explore a District lncrernent Financing Plan to exploring financing the needed infrastructure to implement such a vision. Based on the Fiscal lrnpact Analysis, assurning full build at the end of 25-30 years. The Town would take in $8,262,969 of new net tax revenue. This number takes into account the costs of services and the cost of educating students in the new proposed residential u nits. o [Details if we want to include... • FY 2018 faxes Net of Service Costs for Full Build out- $15,085,382 • Less existing Property tax receipts- -$5,529,610 • Plus existing service cost for current development- +$367, 062 • Education costs for new Residential- -$1,656,865 (assurning .5 student per unit) • Net New Tax Revenue- $8,262,969 • In addition, the consultants explored a District lncrernent Financing Plan or DlF as a mechanism to capture the increment in increased tax revenue overtime to finance a bond that would help pay for the needed infrastructure improvement to support the development plan. o The recommendation is that if the Town considers increasing the density in the area, it should be coupled with the proposal for a DlF to help finance the infrastructure • Staff also secured a grant for$33,570 from the Executive Office of Energy and Environmental Affairs to further the smart growth elements of the Hartwell initiative o This enable us to secure a zoning consultant to help engage stakeholders and craft zoning for the proposal • However, the project has been in a holding pattern given the transition of the Town Manager and concerns related to traffic. • Bleed direction Lor next stepJs Boston MPO recently requested an update on the project —they would like to keep it on the 2021-2025 financing plan. (l plan to give update to therm next Thursday) ua 1 111/ � Illi/ rrrJJJ11 frr;% �„ � r IIf IV1111 �/lUIUJI /r/i�r/ ii I�; IIIIIflll6 0: nrn�����,r, IIS �l' r o Imlmlmlim����� 1114411 IIA�'lolimloom�l« �141111pnpg mliiifiUp��1�IIIViVIIIIIIOI ���� �111s� Orn����� �� ��''..�9ti���llllllllllllllllll,,,. .mtli�� Unir �x / IIIIUU111JJJJl/ �(f / l/rPr/ii%r/U III�I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIU' !' ��((��%� �!„ � e f r aii h f� �viii /rrrrrrr !!Ilr' 11/' VII OVII�VI VIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII VIIIIIIIIIIII�VVVIIIVV�OVVIIVVIVVIIIVV � �„ ,. �I I� UQUu IImVVllVllllllllllllllllllllllllllllllllllllllllllllllllllll: � r�I��� Sumum, IIIIIfIIV' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �`! � / ARTICLE ED-A AMEND ZONING BYLAW AND MAP CM DISTRICT STANDARDS To see if the Town will vote to amend the Zoning Bylaw and Map to alter the dimensional and other standards for the CM District to permit additional development, rezone neighboring properties into the CM or GC Districts, or act in any other manner in relation thereto. (Inner fed ... DESCRIPTION: The changes proposed under this article would relax dimensional standards to permit additional development in the CM (Manufacturing) District, located largely along Hartwell Ave and rezone selected adjoining properties into either the CM or GC (Governmental-Civic Use)Dis o provide consistent standards for development in the area. PROPOSED MOTION: A. Amend the CM column of Table 2, Schedule of Dim al Controls, e Zoning Bylaw as follows, where 4pdek4heugh text is to be removed and underfi xt is to be adde T -------------------------------------------------------------------------------------- ------------- --------------------- ----------------- ---------------------------------------------------------- --------- -------------------------------C ----------- Mini --Minimum lot area -------------------------------------------------------- -------------------- -------------- ----------- Minimum lot frontagein 100 ge ___ . ...... ----------------- ---------------------------- --------------- Minimum front 24 NR Minimum side � 15(f) --------------- ------------- Minimum re --------------- Minimum si rear ya dj acent t rent yard 440 50(f) across the streettialdi-stri- feet -------------------------------- ------------------- Ma b nresi do 2.a(f) vera NR is and Inst gs, maxi height: NR t:stories: 85(f} ----------- ----------------------- ------------- ----------------------------------------------------------------------------------------- Other ings, maxi height. In sto NR In feet: E 85(f) B. Amend the Zoning Map to r roperty in the CD-1 District into the CM District. C. Amend the Zoning Map to rezon lot 11 on assessor's map 73 into the CM District and all other property in the CD-3 District into the GC District. D. Amend the Zoning Map to rezone lot 70A on assessor's map 84 into the CM District from the CRO District. E. Amend the Zoning Map to rezone lot 7 on assessor's map 85 into the GC District from the RO District. 2018-12-13 ARTICLE ED-F AMEND ZONING BYLAW FRONT YARDS AND TRANSITION AREAS 'ro see if the 'rown will vote to amend the Zoning Bylaw to treat front yards and transition areas along streets consistently within each district, or act in any other manner in relation thereto. (Inserted ... DESCRIPTION: The changes proposed under this article would allow consistent streetscapes by requiring the same front yard and transition area independent of the zoning district of lots across a str et. PROPOSED MOTION: That the Zoning Bylaws of the 'l own of I-exington be amende s, where 4, fttek-4hough text is to be removed and underlined text is to be added. A. Amend 'l able 2, Dimensional Standards, to rep inimum side ear yard adjacent to, or front yard across the street from a residential distri eet" with "Minimu and rear yard adjacent to-, B. nd all refer to it. C. Amend § 135-5.3.4 as follows: .......... -&-diffeFent ........... ........... 4em z- ip di-s�rk4, a landscaped transition a cre ea sha rodded and shall be located adjacent to the lot line as set fort e in § cons ith t lowing: I. In the case o nresid use in ial di, a landscaped transition and screening area shall be p ed exc that Phil transition area shall be the width specified in the table in § 5.3.5, d only a those segments of lot lines necessary to screen the n se fr ed o utting lots. The transition area may be provided the m ya uired o . 2. re a lot is di into zoningdis cts for which a transition area would be required by § the transitio a sha along the zoning district line, except that the SI-GA may grant a spe ermit for th si ti on a to be in a different location if it meets the objectives of this sect +*e,--a4tae-dFawn-pe.rpend+e-ulaF4o4he-s#eet4+*e4ateFsect-s-4t-a++y D. Amend the table in § 135-5.3.5 by removing the "Street I-ine" column. 2018-12-13 .. . .,... �I I w cS O(10.1% O11OyO 1 2? ro.._, .. ....., .. , , fir, /N CR ........, .www....._.. �0 � w 5 ......... . . .,ROAD z I 7Ip 7 o LU CD LU 1.. � V r. 1 t,j y mUl Con fu " M w W, ,f � I ) AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Determination on 'Free Hearing for 223 Grove Street (10 min.) PRESENTER: ITEM NUMBER: David Pinsonneault, Director of Public Works t.6 SUMMARY- Attached please find a memorandum from Chris Filadoro, Tree Warden related to trees that a developer has requested to be removed. The Tree Warden has indicated these trees are in fair to good condition but are growing into the power and communications lines. Removal of the trees will require the developer to replant other trees on the property that can be properly located so that they do not cause future problems. SUGGESTED MOTION: Move to uphold the decision of the Tree Warden to remove the trees at 223 Grove Street, FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 8:40 p.m. ATTACHMENTS: I)escription Type D Moir) lwclhm)w, Hkiklip Vlmcfm) D )M 18 hin)) Siiiivaw, of Ohic(iwn indc m I wc hcm)w) Hkiklip Vlmcfm) D I wc Ro i in%"fl Hmi Hkiy klip Vlmcfm) VS MOP 1775 3� Town of Lexington Department of Public Works Public Grounds APRIL[Ir FX I N 61"S ON Christopher Filadoro Superintendent Tel: (78 t) 274-8300 Fax: (78 t) 274-8385 MEMORANDUM TO: 1,exington Board of Selectman FROM: Christopher P Filadoro, Public Grounds Superintendent/'Tree Warden RE: Determination on the Tree Hearing for Street Trees at 223 Grove Street. DATE: December 1, 2018 A tree Hearing was held on September 17, 2018 at 8:00am at 223 Grove Street. The builder/owner requested the hearing to discuss the removal of several trees in the Town right-of- way along Grove Street as part of their construction project. I received one oral objection to the removal which is why I am requesting your determination as per l\Aassachusetts General Law Chapter 87. 'There are 10 trees in the Town right of way in front o1223 Grove Street that are in fair, to good condition. I have inspected the trees, some of them are growing through the power and communication wires. Removal of these trees would allow for new trees to be properly planted and will save the Town the expense of the tree removal in the future. I recommend that the Board of Selectman approve the removal of the 10 trees from the Town right of way and that the Tree Bylaw be used to determine replacement and or mitigate. Please contact me with any questions or concerns, Christopher P. Filadoro Cc. David Pinsonneault, Public Works Director Marc Valenti, Manager of Operations 201 BEDF01U)STREET-LEXINGTON,MASSAE HUSETT'S 02420 From: Gerald Paul Sent:Thursday, September 20, 2018 1:34 PM To: Christopher Filadoro Subject: Re: Grove St objection Hi Chris, 'rhis summarizes my objection: I am objecting to the removal of these trees because they are valuable 'l own assets. If the Selectmen approve the removal of these trees, I would ask that: -the developer explore whether Eversource can propose an alternate path for the underground conduit that will not require removal of certain trees that are proposed to be removed for the conduit. -for any trees removed, there be monetary mitigation (at a minimum by the schedules specified in the Tree Bylaw). Gerald Paul 43 Highland Ave. ca :ate .4.1 If) cc Gi 3N/7 .. d�> deer q o �. C() o IaP � Imp - Uica 00 F" , X? _j ��� w -.a .ca - -< ra cr 1,11 3e,alY V e�ppg�il p�� . 4�� !im/ed /&C G f y kd 3N" 101 ONUSIX3 < or IZ ® W'� �o Ca- —a 0 Q z L._ v o- z x: v O C7C�ac UJI ro$ y or C7 C` r z u ur Q u ��u Cl-� ^',t —_ a a > < O ry j a or_ C) cn HCl. 4U 0.41 W '" .l LLJ 3Nn lg7 Cn � �NIlSPX3 .,,,' ® w Imo. IL d � w{ C> LJ A 7t�� � C-) c� �d�/ �, ��ii �l cla 3N17 LQ7L y I L O � rt 00 �0 o � z + n I a Q.,Qo a <x 0 taJ Q Z + . 0 Luuj J z h O °b 0 CL RAmanu N17 70A � � a a IBJ L W IB 01 81 �r AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Accept Gift of Land - 40 & 42 Ridge Road (10 min.) PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager t.7 SUMMARY- Attached please find the background information on the acceptance of land at 40-42 Ridge Road as approved by the Conservation Commission. The process to accept land for conservation purposes requires the Conservation Commission's vote as well as the Board of Selectmen's vote. There is also a memo from Karen Mullins, Conservation Administrator as well as plans showing the land. SUGGESTED MOTION: Move to accept the parcels of land known as 40 Ridge Road and 42 Ridge Road, and identified as Town of Lexington Assessors Map 61 I-ot 5701, and Assessors Map 61, I-ot 57F (the"Property"): 1. To approve the acceptance of gift of the Property by Deed from David E. Burns, Trustee of Debco Properties Development Realty Trust to the Town of Lexington Conservation Commission, which acceptance of gift was approved by Vote of the Town of Lexington Conservation Commission on December 10, 2018, and 2. To authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of the Property by the Town in accordance with the applicable Conservation Commission vote, including without limitation signing closing forms and documents as well as settlement statements. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 8:50 p.m. ATTACHMENTS: Description Type D V)w (''mcfVloilin D KVI Momin Cmcf Mollin D 11widwhicd kw, Pkin Cmcf Mollin D Rxk,c I jonm)on Cmcf Mollin RECORD OF VOTE OF THE LEXINGTON BOARD OF SELECTMEN December 17, 2018 At a duly called public meeting of the Lexington Board of Selectmen on December 17, 2018, the Board voted unanimously as follows with respect to the parcel of land known as 40 Ridge Road and 42 Ridge Road, and identified asTown of Lexington Assessors Map 61 1,ot 57G, and Assessors Map 61, Lot 57F (the "ELqperty"): 1. To approve the acceptance of gift of the Property by Deed from David E. Bums, Trustee of Debco Properties Development Realty 'Trust to theTown of Lexington Conservation Commission, which acceptance of giftwas approved by Vote of the Town of Lexington Conservation Commission on December 10, 2018; and 1 To authorize theTown Manager to take all actions on behalf of theTown that are reasonably necessary, in the j udgrment of theTown Manager, to complete the acquisition of the Property by theTown in accordance with the applicable Conservation Commission vote, including without limitation signing closing forms and documents as well as settlement statements. TOWN OF LEXINGTON By its Board of Selectmen --------------------------------------------------------------------------- Suzanne E. Barry, Chairman Michelle L. Ciccolo, Vice-Chaff am ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ,Joseph N. Pato Douglas M. Lucente --------------------------------------------------------------------------- ,Jill I. Hai DATED: December 17, 2018 JA0530252.1, 1.3S MOR 1775 tics APRIL 9- i r4 Uf MEMORANDUM To: Board of Selectmen From: Karen Mullins, Conservation Administrator Date: December 13, 2018 Re: Gift of Land, David E. Burns, 'Trustee of DEBCO Properties Development Realty 'Trust Assessors Map 61, Parcels 57G and 57F, 40 and 42 Ridge Road David Burns has generously offered to gift two parcels of land to theTown of Lexington Conservation Commission for conservation purposes. The parcels of land are identified as 40 and 42 Ridge Road and as further referenced above. The lots are undeveloped, and formerly part of 138 Laconia Street, and are shown as Lots B1 and talon attached Plan 522 of 2015, titled "Plan of Land in Lexington, Mass." dated May 19, 2015 as endorsed by the Planning Board. The lots are approximately 201,710 square feet(4.63 acres) consisting of highly valuable conservation jurisdictional wetland resource areas, including two certified vernal pools, bordering vegetated wetlands and 100--foot forested upland Buffer Zone to wetlands. It is adjacent, across Ridge Road, to other town-owned land known as Lower Vine Brook Conservation Area. Please refer to the attached Plan of Land with the two lots highlighted and theTown GIS Overview Map and Conservation Connectivity Map for a general location overview and connection with Lower Vine Brook Conservation Area. On Monday, December 10, 2018, the Conservation Commission voted to accept this gift of land for conservation purposes pursuant to G.L. Ch. 40 § 8C. The Commission determined that the acceptance of this parcel is appropriate because it will provide for permanent protection of sensitive wetland areas and associated forested upland buffer zones as well as connect to adjacent conservation land resulting in the expansion of Lower Vine Brook Conservation Area by 4.63 acres. The Commission requests that the Board of Selectmen vote at their December 17, 2018 meeting to also accept this gift of land to theTown and to the sign and notarize the attached Record Vote of the Selectmen. If you have any questions, please do not hesitate to contact me. Thank you. �a g o " IN �n yyy n tr x J ee 888 a v A 1 ° s (1Y m H� C n ' N. o � t ..«.j s b tiI w a_ an N - IN M.LI_09.085 t ...-. .. � 3 ar rb d x Q h m sge T mu rs '6 nE+ oa�s" 17U14.LSY7 N/YNfi�63N35 �i � � I lsnW 37e%"38 rrosNra,^e[3848vM v v �"•2r \ c ±E `°`" � ONV 93MVP 3HL.p 33LS/1N[ •� 3.�`•.- ... m, �',Q � N S IS V c Q W 00 0 N o 16 w w Ww c) z C) w w 0 ll� mai-a W W � 0 W 0 lol� woma mQ u3 r al D-0 31 vw '6 o I- o2 2 41, CL Cd 2 L) co a Qt L) Cd .2 co cn a 0 L) a cn C-1 co CD C-1 A < :55 / ( 2 { § / \2{,\,}L \ Jco <» »«<6«< z co } \ > \ ( \ » AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Vote 'Fawn Office Building Hours (5 min.) PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager t.8 SUMMARY- I have attached the memorandum the Board previously received and previously approved in relation to impact bargaining with the unions representing the employees in the Town Office Building(and as discussed at the last meeting). The Town's General Bylaws (Section 90-6) states, "That portion of the Town Office Building which is occupied by the officers of the Board of Selectmen, or Board of Public Works, the Town Clerk, the Town Treasurer, and the Collector of Taxes shall be kept open continuously for the transaction of business for such hours as are determined by the Board of Selectmen." I discussed this with Selectman Barry and we determined it would be best if the Board took a formal vote on the change in hours at the Town Office Building. As the Board is aware, this has been impact bargained with the two unions. SUGGESTED MOTION: Move to approve the revised Town Office Building hours for the offices at 1625 Massachusetts Avenue to be Mondays, Wednesdays and Thursdays 8:30 AM to 4:30 PM; Tuesdays 8:30 AM to 7:00 PM and Fridays 8:30 AM to 1:00 PM, FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:00 P,m4 ATTACHMENTS: I)escription Type Town of Lexington Human Resources Department to t Anne Graglia-Kostos Sylvia Chen Tina M. Porto Human Resources Director Benefits Coordinator Human Resources Associate akostosLa0exin tg onma. oo schenAlexin onma gov tporto lexin onma gov Tel: (781) 862-0500 ext. 84591 Tel: (781) 862-0500 ext. 84592 Tel: (781) 862-0500 ext. 84593 Fax: (781) 861-2921 Fax: (781) 861-2921 Fax: (781) 861-2921 MEMORANDUM TO: Carl F. Valente, Town Manager FROM: Anne Graglia-Kostos, Human Resources Director A�-- DATE: April 2, 2018 RE: Half-Day Friday Working Group Report The Half-Day Friday Working Group, comprised of Skip Lovering, Nadie Rice, Kim Katzenback, Cathy Severance, Diane Sawyer, Jenny Gingras and myself, has met several times to review the request made by the LMEA to consider changing TOB hours to include one long day and an early release on Fridays. The group discussed the positive aspects of this request as well as the potential issues. We found the positive aspects to be: • One day of evening access for those individuals needing to conduct business at TOB • Extended family/down time for employees who would be able to leave early on Fridays • A potential recruitment tool for future openings • A schedule which has shown to be successful for many surrounding towns whose community members have expressed appreciation for ability to conduct business at Town Hall on one evening each week. The potential issues surrounding this change are: • Adding another night requirement for those who already have night time meetings • Childcare/family concerns • State requirements for elections (i.e. Town Clerk's Office must remain open until 5:00pm on some Fridays during the year) and other required due dates After discussing the various issues and reviewing feedback provided by the department heads from their staff, the Working Group recommends that a six month trial be implemented in order to get a comprehensive overview of the successes/concerns that this schedule would pose. We suggest that, from July I through December 31, the TOB hours be changed to Monday, Wednesday and Thursday 8:30am to 4:30pm, Tuesday 8:30am to 7:00pm and Friday 8:30am to 1:00pm. The Working Group would meet again in November to assess whether to recommend a continuation of the new schedule or to revert to the original one. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 kVe are ivriting to propose in alternative work schedule in response to freciLlCut iifl(jillriCS ,"0111 customers and current cinployces within the Town of Lexington. We are proposing to change the work schedule for the Town of Lexington employees to Include a half clay oil Friday, '-"O'Sing� tiie Toon [-fall by I-130pin, To compensate for the carly release. one dray during the %%ork Week WOUid have extended hours, therefore still resulting in a 35 hour work week. For example, lo/Ionday, Tues, and Thursday: 8:30am 430prn, Wednesday: 8:30arn 7:30pin, and f,n'day: 8:30arn I 2:30plm Currently, many ricarby towns with it similar population have adopted this work- schedule. This list 'Includes but is not Innited to: Arlington Hingharn Southborough Beverly Holbrook I Stoneham Boxhorough Holden Tyngshorough Bridga%vater [pslvi ch Wakefield Brookline Lowell Walpole Burlington Lynn Watertown Cambridge IkIalden West Bridgewater Chelsea Medford Westborough [-List Brideewater ?vfidoflcton Weston Easton Natick Westwood FoxhorOLIgh Vcabody Winchester Gloucester salern Woburn Hanover Somerville Wrentharn Why is this SChCdUlC a great idea'.' It will result the r llow* 1 0 ng: 1. Extended hours of service to the public and other State agencies many customers have called and expressed that it WOUld be beneficial for us to be open late one night a week so that they would be able to stop by after they get off',ovork at 5pin. In addition, most departments see a significant drop in phone calls and customers after I 2:30pin oil Fridays. 2. Decreased short-term absenteeism for medical and miscellaneous personal appointments Half day Fridays ivould allow for employees to use that tirne for triedical and personal appointments, 3. Improved employee morale and job satisfaction Having a longer weekend will also boost productivity with little or no impact to tile bottom fine. Employees will feel snore satisfied Lvith their job because they tvill have tile bonus of the longer weekend to enjoy Family tinic, I lappy crnp[t)vcu,, are onci o1i(i straw with a C001raulo Rir MI C\ICJJ(JC(J 11CI-10d, and 111,1t 4, Make people more efficient - A hal fday ml Friday motivates cinploN cQs tti %%kart. <rs [raid Ors lac�sstl lc !o u.Qt .,-, much done as the", emir lit 16M' lwurs. and 'I , I ISCIIIPO%`%CY1111�. wcw kir L:on� ,iderina, this proposal. Vt c reallIC OW, IS OlIQ Ofuldtl\ steps tea take in 'ICdO. 10 unpICUIC111 1111s �;ChCdLAIC and all1ricelatc ajiy� thoughts or fccdbaA, :Mari} towkns 11,1ke 'd-oirrahlcnacratctl a -suninler schedule'" III 11CLI (O'd year round "ChedUIC, %V)Ille I SUMMICr c_lte Irak %ooUld also he hencticial for the rca,(ms INCd ab0\Q, wke JeQJ tiltt haw 61121 d year round lltvnl�jM L: ould result In i4rCLItCr 11CuCitts f(ir dic cniplo,.ces and Tmn It" AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Visitors Center Update - 'Femporary Space (5 min.) PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager t.9 SUMMARY- As the Board is aware, staff has been reviewing three options for the temporary headquarters for the Visitors Center, which include trailers (for both the Visitor's Center and Public Restrooms), use of the genealogy room at the library or renting existing space near the current Visitors Center. Staff has indicated a decision needs to be made in the next week for planning purposes to keep the project on track. After reviewing the attached memo, I have determined that renting trailers for both the Visitor's Center and Restroom is in the best interest of keeping the project on track so that it can be bid during the winter months (this is the most advantageous time to put out bids). I am coordinating with Mike Cronin, Director of Public Facilities and the Architect to have a more detailed update on the building for the second Selectmen's meeting in January. SUGGESTED MOTION: No Action of the Board is required, this is an update on the progress of this project. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:05 p.m. ATTACHMENTS: I)escription Type D lompomi,, (cnwi Ch%,I V1,I I In Town of Lexington Memorandum To: Jim Malloy, Town Manager CC: Carol Kowalski, Asst. Town Manager for Development Mike Cronin, Director of Public Facilities From: Melisa Tintocalis, Economic Development Director Date-, December 6, 2018 RE: Temporary Visitors Center Space Summary In just over four months, on May 1, 2019, the Public Facilities Department will begin the demolition of the existing Visitors Center in preparation for the construction of the new Visitors Center. The construction period is scheduled to last approximately 11 months with the anticipated opening date to the public on or before April 19, 2020 to host Patriot's Day, During the construction period, the Visitors Center services and programs would remain in operation and public restrooms made available to serve the nearly 120,000 visitors that enter the building each year, Accordingly, the construction budget approved by Town Meeting in FY2018 included $100,000 for necessary temporary space. There have been several options for temporary space considered by staff and stakeholders; however, a final decision is needed to proceed with the transition planning. The options under consideration have included a room in Cary Library, a mobile office with mobile restrooms on site, the basement of the Masonic Lodge, the Depot, and privately owned storefronts in the Center. The cost and accessibility to maintain operations have been considered for each option. And while cost is an important factor, consideration to the accessibility, safety, reduced liability, as well as the promotion of the new Visitors are also factors. As a result of the analysis of temporary space options, staff recommends that the Town rent mobile offices and bathrooms as the option that is most fitting with our mission to share Lexington's role in the American Revolution and orient people to the Town's offerings while providing accessible public restrooms. Issue A final decision by the Town Manager on the temporary Visitors Center space is needed by December 18, 2018 for the staff and the Chamber of Commerce to properly plan and execute a move and avoid construction delays. The move requires coordination of merchandise, furniture, files, and other storage items. In addition, the plan for staffing, retail and program operations, IT and phone configurations, as well as communication with the public is contingent on the size and location of the temporary space chosen. Background The Economic Development Office has overseen the Visitors Center Operations and programs since 2014 and was identified as the user agency responsible to collaborate with the Public Facilitates Department on the development of the new Visitors Center with input sought from the Tourism Committee and Center Committee. On March 19, 2018 the Board of Selectmen (BOS) heard a presentation from Megan Zammuto, the Economic Development Coordinator, outlining the objectives for the temporary space which included 1) the ability to share Lexington's role in the American Revolution and orient people to the Town's offerings, 2) provide clean accessible public restrooms, 3) operate the Liberty Ride Shuttle tours and Battle Green walking tours, and 4) provide some limited retail space that could yield some revenue to offset operational costs. During the March BOO discussion, two of the board members expressed interest in the Masonic Lodge, and one member had concerns regarding the intersection outside of the Masonic Lodge. Following the Selectmen meeting, staff reviewed alternatives suggested from Town officials and various stakeholders to explore reductions in the construction budget. There were five options considered: 1) the Genealogy Room in Cary Library, 2) the basement in the Masonic Lodge, 3) a basement room in Cary Hall, 4) The Depot in Lexington Center, and 5) a possible vacant private storefronts in the Center. Further research included visits to the potential spaces, excluding the storefront option, as well as a tour of the Fire Department's mobile office and a visit to The Walden Pond Visitor Center where staff inquired about their experience using a mobile office during the building of the new The Walden Pond Visitors Center in 2015. Analysis The matrix below summarizes the cost, dimensional space, and the pros and cons of the possible options. As noted in the matrix below, the Lexington Historical Society did not consider a proposal from the Town to use the Depot as a temporary Visitors Center expressing concerns over loss of regular annual operations and impacts on rental revenue from private events. Hence, the Deport was not analyzed further. The Town Manager, Carl Valente, had selected the Genealogy Room Cary Library, however this option was not supported by the EDO staff, Tourism Committee, nor the Center Committee. (3 ' Ll g x n = O _ Rt OJ O t N o S�t u Q t2 C O 7 a3 h - w- w O 1 E ti as tel C7 O tll - `a- C) tll u O fE3 4-1 o CU } O v m O ALJ C O O --------------------- Ot� oo .a v ° N CJ o i N a O *. u O ^ N O o to $ n L > w + O + C7 C tU m = fzLE 3 a cU v, �= o ,O -0 C > — c C7 c- c 4- v <U O .- O s� c as O as " O c c •2 o c a3 tv N c O ss v +� v 43 uo cU � m a3 `° ° c a o v o O @ ° O bA O - ' +� oO g E' ° ,> r� O s w a3 � E 413 Q- tv? W CU 0 � -0 O u o a u L o t,J u Wvi CL 06S i _ tU cc ( u 0 C j f v, tD 0- N uJ rN N a- ' fl3 p O o > Q3 Ly N v, OsW r„� C cD cr, O U'7 v, © ri? {h .? 4- vl m Lt} �J 4- C.7 i VJ W 4-- L4- tl1 I C f Q aj O — C u (' Qt E O of vv :2 ro 0 0 kn u 4c-: vo, �00 CL c 0 u W U V) E � .2 M 0 z0 Ln Ln 0 0 LL vi > cn vn V) CL cc w kA CL Ln �.) cJ -@ a) V) u x 0 C U 0 o o crf C'� E w --j LA- �n CL u __j 4-1 CL 0 > cri tip CU N 4— Ln U r- E fl V) C) 0 > u 4� oz 0- 4- OD! x cc (ll Ln U 0 aj 0 E Ln u Ew 0, E Q) • aj -0 U C > E E (D 75 2 > 0 " xU CL u (V 0 0 u -r- 0 O W 4, > 0 2 CL cv a)E 0 E tNh Vum xw mc A m mCL E 41 i 0 4- 0 0 u xa) x E 41 ro -0 E ce Ln vi dict cr U. Ca 4, 0 4.1 Ln C 0 w 0 CL �o 00W a) ,E r- C CI- 'A Ln 0 Ln cr- (Y) 0 0 vii 4-1 0 Dm CU (V>. 20 Q>, --i co u CC Staff Recommendation/Conciusion The staff recommendation is to rent a mobile office and mobile restrooms, in order to best position the Town for a successful opening of the new Visitors Center in April 2020, During the transition period it is critical that the Town continues to serve the 120,000 visitors that come and seek out information and offerings from the Lexington Visitors Center as well as host the 8,000 Liberty Ride goers each year. To this end, the mobile office and restroom option offers the Town the most efficient control over the space and would allow the focus to stay on the construction site providing opportunities to generate interest, retain visitorship, and maintain our reputation as a place to engage and learn about the history of Lexington and America's Revolutionary Heritage, The mobile office and restroom recommendation would require an additional approval by the Historic District Commission given the proposed location. The total cost is estimated to be $82,075 - under the $100,000 budgeted for temporary space. The mobile office would be approximately 50 feet by 10 feet, sufficient to serve as a hub for information and Liberty Ride ticket sales. Furthermore, the mobile restroorns would be maintained by the vendor and available in the Center as a public facility year around, P Oany— Q a 1Or ryl �rs/j .. " i 0 q} 19 LA t6 Y'°'"'M1ir�/ WON�w O i t I nce - - i l�iriif" r im"" it . N�irlGi 11 r S1 ii%i t / LA 01 ,f. Q •y O ±- r + X 'n F �-' sus ! r Q) was =3 ar 43 ` CU v A y _ a b �' SMl �l k i v X .. ILI ii tt Gt r4 } d AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Electric Vehicle Charging Station Agreement (5 min) PRESENTER: ITEM NUMBER: James Malloy, Town Manager IJO SUMMARY- Attached are three agreements (scanned as one document) between Eversource and the Town for the installation of the EV Charger Stations in Town parking lots. The first agreement is the Sitee(lost Agreement which basically states that as the property owner the Town agrees to host the charging stations (for at least 5 years), the second is the Easement for Electric Service, which allows Eversource to run the electric lines to the Charging Units, the third agreement is the Site license Agreement which allows Eversource to install the infrastructure. I have provided these agreements to Town Counsel for review and as discussed a previous Selectmen's meeting, I cannot sign the agreements until such time that Town Meeting votes the appropriation (exact amount to be determined, but estimated to be approximately $8,000 per unit). SUGGESTED MOTION: Move to authorize the Town Manager to execute the attached Site Yost Agreement, Easement for Electric Service and Site license Agreement as attached or as may be amended by Town Counsel, subject to Town Meeting appropriation. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:10 P,m4 ATTACHMENTS: Description Type 1,�,cpwl I I�cA�,fccl I lem" Cmcf Mollin ELECTRIC VEHICLE MAKE READY PROGRAM SITE HOST AGREEMENT THIS SITE HOST AGREEMENT("Agreement")is entered into as of the day of -,20 t 8("Effective Date"),by and between NSTAR ELECTRIC COMPANY d.,Is/a T,�evsource Energy,a Massachusetts corporation and electric company,with an address at 24'7 Station Drive,Westwood,Massachusetts 02090("Company")and a ,with an address at Massachusetts_("Site Host"). The Company and Site Host are each referred to herein sometimes as a"Party"and collectively as"Parties". Background: A. The Company has received approval of the Massachusetts Department of Public Utilities("DPU")for a program for facilitating siting and installation of electric vehicle charging infrastructure("EV Charger")within the Company's electric service territory in D.P.U.Docket No. 17-05 (`Make-Read Electric Vehicle Charging Infrastructure Proposal"approved by the MDPU on November 30,2017)(the "Program"). B. Site Host is an electric service customer of the Company,has filed an application with the Company for qualification as a participant in the Program,and has offered to host EV Chargers on property owned or controlled by the Site Host located within the Company's electric service territory("Site"). C. The Parties desire to memorialize their mutual agreements and their respective obligations with respect to the installation of EV Chargers at the Site,consistent with the requirements of the Program. NOW,THEREFORE,in consideration of the foregoing,the mutual promises set forth herein,and other good and valuable consideration,the receipt and sufficiency of which are acknowledged,the Parties hereby agree as follows: 1.0 Site Host hereby agrees to provide one or more locations at the Site for the installation of EV Chargers, The specific location of the EV Chargers at the Site shall be determined by the Site Host in coordination with the Company and, if needed,the supplier of the EV Chargers("Supplier"), 10 Site Host,at its sole cost and expense,shall be responsible for the procurement of the EV Chargers from the Supplier within thirty(30)days following the Effective Date,and shall provide proof of such purchase (including pricing)to the Company.Failure to provide proof of such purchase 1 within thirty(30)days after the Effective Date will void any funding commitment or scheduled work reserved for Site Host at the Site, 3.0 Site Host agrees to install either(a)not less than two(2)and not more than ten (10)so-called"Level IF'EV Charger(ports),or(b)not less than one(1)and Charger not more than three(3)so-called"Fast DC"EV Charger ports at the Site. 4.0 Site Host agrees that the selection of the EV Charger models,the number of EV Chargers to be installed and their charging levels cannot be changed by the Site Host following submission of such information to the Company for purposes of developing the design of the Facilities, 5.0 Site Host agrees to operate and maintain the EV Chargers at the Site for at least five(5)years from the date the EV Chargers are first placed in service ("In-Service Date"), 6.0 As a Company distribution service customer,the Site Host agrees to pay for all metered electric services provided by the Company for the EV Chargers at the Company's applicable rates and tariffs from time to time, 7.0 The Company agrees to provide and install the necessary infrastructure at the Site to connect the EV Chargers to the Company's electric distribution system. Such infrastructure shall consist of poles,conduits,ducts,cables, wires,switches,transformers,concrete pads,manholes,handholes,supporting foundations,culverts,and all other accessory and appurtenant equipment and material necessary in the opinion of the Company to enable the safe and reliable operation of the EV Chargers at the Site(collectively,"Facilities"). The Company shall also make all necessary upgrades or modifications to its distribution system off-Site,to the extent required to provide service to the EV Chargers at the Site. KO The Company and/or qualified contractors shall prepare a site development plan("SDP")showing the proposed Facilities and their location at the Site, consistent with the location(s)selected by the Site Host,the Company and,as needed,the Supplier. The SDP shall contain a schedule for the work necessary for the installation of the Facilities,including a projected date for substantial completion and commissioning,as determined by the Company. 9.0 Following approval of the SDP,the Company shall install the Facilities in a good and workmanlike manner,with qualified and competent contractors,in compliance with the SDP and all applicable codes and engineering standards, and in compliance with all applicable laws,regulations and pen-nits, 10,0 To the extent that the Site Host qualifies as a Program participant,and meets the other requirements set forth heroin,the design and installation cost of the 2 Facilities and any off-Site upgrades or modifications to provide service to the EV Chargers shall be paid for by the Company pursuant to the terms and provisions of the Program, 11.0 Site Host acknowledges that Program funding For the Facilities is committed by the Company only after the Company receives all required documentation frOrn the Site Host pursuant to the terms of the Program. Such documentation includes an application,approved Work Order,and easement or license providing the Company with the right to access the Site for purposes of installation of the Facilities, 12,0 Site Host agrees that it shall not apply for,seek or obtain any rebates or incentives offered by any other person for the installation or hosting of the EV Chargers if such rebates or incentives,when combined with the rebates and incentives provided by the Program,would exceed an amount equal to the total(100%)of the cost of the EV Chargers and their installation. 13,0 If the Site is located in an Environmental Justice Community("EX"),the Site Host may be eligible for a rebate under the terms of the Program("Rebate"). To qualify,An EX must meet at least one of the criteria in Western Massachusetts and two of the three criteria in Eastern Massachusetts established by the Massachusetts Executive Office of Energy and Environmental Affairs: (1)25 percent or more of the population in the communities must earn 65 percent or less than the Massachusetts median household income;(2)25 percent of more of the population in the communities must identify as a race other than white,- and(3)25 percent of households lack a person over the age of 14 who speaks only English or speaks English very well, 13,1 In the event the unit cost of the Level 11 EV Charger,as determined by the Company,exceeds the Rebate,the Site Host will be responsible for the incremental cost. 13.2 Site Host may use the Rebate solely for the purchase of EV Chargers. 14.0 Site Host represents and warrants to the Company as follows: 14,1 Site Host is a current non-residential or multi-unit residential electric delivery customer of the Company, 14,2 Site Bost has full corporate power and authority to enter into and perform this Agreement in accordance with its terms,and neither the execution of this Agreement, nor its performance,will conflict with or violate any other agreement or instrument by which the Site Host or the Site is bound.There 3 are no claims or actions pending or,to Site Host's knowledge,threatened against the Site Host or the Site that would prevent or interfere with the performance or this Agreement.There are no known or suspected conditions{including environmental conditions)at the Site that would prevent or impede the installation of the Facilities by the Company. 143 Site Host is the fee owner of Site,or has a long-term(20 years or longer remaining term)lease or ground lease of the Site,Site Host shall execute and deliver to the Company a license for access to the Site and installation of the Facilities,in the form of Exhibit A attached hereto("License"), Such License shall be replaced following the In-Service Date by a permanent casement to the Company for the operation,maintenance, repair and replacement of the Facilities,in the form of Exhibit B attached hereto("Easement"), 14.3.1 If Site Host has a lease,the lease expressly provides that the Site Host has the authority to grant utility easements for the provision of utility services to the Site. 14.3.2 If the tease does not so provide,the Site Host shall be solely responsible for obtaining the necessary license or consent from the fee owner for the installation of the Facilities at the Site,in the form of Exhibit A,or otherwise in form and substance satisfactory to the Company. 14.3.3 if Site Host is neither a fee owner nor a long-term lessee of the Site,Site Host is responsible for obtaining from the landowner the necessary easement or license rights for the Company to access the Site for purposes of installation of the Facilities. Such easement or license forms shall be in the form of Exhibit B,or otherwise in hann and substance satisfactory to the Company. 14.4 The Site is free from"hazardous materials,"as those terms are defined in applicable state and federal laws and regulations. In the event pre-existing "hazardous materials"are discovered at the Site during the course of installation of the Facilities,the Company's sole obligation shall be to comply with the Utility Related Abatement Measures("URAM")set forth in 310 CMR 40.0460 et seq.as amended from time to time,and all other responsibility with respect to such"hazardous materials"shall be that of the Site Host. 14,5 Site Host routinely provides customer parking' for periods in excess of four (4)hours for customers at the Site,and shall continue to provide such parking to customers for as long as EV Chargers are operated at the Site. 4 14.6 Upon Company's request,Site Host will participate in a Customer Satisfaction Survey conducted by the Company following the installation of the Facilities, 15.0 THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RRPRESENTATIONS AND WARRANTIES REGARDING THE FACILITIES AND110R,THE EV CHARGERS,WHETFIER EXPRESS OR IMPLIED, INCLUDING SPECIFICALLY BUT WITHOUT LIMITATION THE IMPLIED WARR,,kNTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE,Neither by inspection or non-rejection nor in any other way does the Company give any warranty,expressed or implied as to the adequacy,safety or other characteristics of any equipment, wiring or devices,installed on the Site, The Company shall not be liable for damages resulting in any way from the supplying or use of electricity or from the presence or operation of the Company's service,conductors, appurtenances or other equipment on the Site, 16.0 The Company shall be excused from performance and shall not be liable in damages or otherwise if and to the extent that it shall be unable to do so or prevented from doing so by statute or regulation or by action of any court or public authority having or purporting to have jurisdiction in the premises;or by loss,diminution,or impairment of electrical service from generating plants or suppliers or the systems of others with which it is interconnected;or by a break or fault in its transmission or distribution system;failure or improper operation of transformers,switches,or other equipment necessary for electric distribution;or by reason of storm,flood,fire,earthquake,explosion,civil disturbance,labor dispute,act of God,or public enemy, failure of any supplier to perform,restraint by any court or regulatory agency,or any other intervening cause,whether or not similar thereto;the Company shall use reasonable efforts under the circumstances to overcome such cause and to resume full service. 17.0 Unless there is negligence on the part of the Company,the Company shall not be liable for damage to the person or property of the Site Host or any other persons resulting from the use of electricity or the presence of the Company's Facilities on the Site. In any event,the Company shall not be liable in contract,in tort(including negligence and G.L.c.93A),strict liability or otherwise for any special,indirect,or consequential damages whatsoever including,but not limited to,loss of profits or revenue,loss of use of equipment,cost of capital,cost of temporary equipment,overtime,business interruption,spoilage of goods,claims of customers of the Site Host or other economic harm resulting from the Facilities,Company's work at the Site or Site Host's participation in the Program. 5 18.0 Site Host agrees to grant permission to Company to receive all available data recorded on EV Chargers from Supplier on a monthly basis for at least five(5) years from the In-Service Date, MO This Agreement embodies the entire agreement between the Parties with respect to the subject matter hereof,and supersedes any and all prior negotiations,agreements and understandings,written or oral,formal or informal,all of which are deemed to be merged herein. No provision of this Agreement be supplemented,terminated,modified or waived except by a writing signed by both Parties, 20,0 Any notice or other communication authorized,required or desired to be given Under this Agreement shall be in writing and delivered by hand against receipt,by first class certified mail,postage prepaid,return receipt requested, by express mail or express courier service providing proof of delivery,or by electronic transmission providing confirmation of receipt,if addressed to the party intended to receive the same to the address or e-mail address set forth below: If to Site Host: If to Company: All such notices shall be deemed to have been duly given on(i)the date of receipt if delivered by hand,if sent by express courier service of sent by electronic transmission(with a confirmation copy sent by first class mail)or (ii)the earlier of the date of receipt and the date of first attempted delivery by the U.S,Postal Service,if transmitted by mail as aforesaid.Either Party may change the address to which any such notice,report,demand,request or other instrument or communication to such party is to be delivered or mailed,by giving written notice of such change to the other parties,but no such notice of change shall be effective unless and until received by such other parties. 21.0 All exhibits to this Agreement are hereby incorporated by this reference into this Agreement. 22.0 This Agreement may be executed in counterparts,each of which shall be deemed an original, The captions contained in this Agreement are for convenience of reference only and shall not affect the construction to be given to any of the provisions hereof, 23,0 Neither Party shall be permitted to assign its rights or obligations under this Agreement',however,the provisions of this Agreement shall be binding on, 6 and inure to the benefit of,the respective successors and successors in title of the Parties, 24.0 No employee,officer,director,stockholder,manager,member or any person or entity in any way affiliated with either Party shall have any persona[ liability with respect to this Agreement,any instrument delivered by such Party,or the transaction contemplated hereby,nor shall the property of any such person or entity be subject to attachment,levy,execution or other judicial process, 25.0 This Agreement is subject to and shall be governed by,to the extent applicable,by the Company's"Terms and Conditions--Distribution Service", as approved by the MDPU from time to time,and shall mi-ther be governed by,and construed and enforced in accordance with,the internal laws of the Commonwealth of Massachusetts,without regard to principles of conflicts of law. Any action brought with respect to this Agreement shall be brought in, and the sole place of venue and jurisdiction for said action shall be in Boston, Massachusetts. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed as a sealed instrument by their respective duly authorized representatives,as of the date first above written, NSTAR ELECTRIC COMPANY d/b/a Eversource Energy By: Name: Title: [SITE HOST] By: Name: Title: EXHIBIT A--FORM OF LICENSE EXHIBIT B—FORM OF EASEMENT EASEMENT FOR ELECTRIC SERVICE (UG Individual Form) KNOW ALL MEN BY THESE PRESENTS, that: —[NAME OF GRANTOR]_, whose address is —[street address]_. [city,/town]_, Massachusetts _[zip]_ hereinafter referred to as the Grantor, for nominal consideration, grants to NSTAR ELECTRIC COMPANY, a Massachusetts corporation, having its principal place of business at 800 Boylston Street, Boston, Massachusetts 02199, its successors, assigns and licensees, hereinafter referred to as the Grantee, with quitclaim covenants, the right and easements (as more particularly described below) for underground lines for distribution of electricity, and lines for control, relay and communication purposes over, across, upon and under a certain parcel of land owned by Grantor (the "Premises") located at_[street address of location] in [city/town] , Massachusetts. The Premises are more particularly described in the Deed filed in the County Registry of Deeds in Book Page The Premises are shown as on the plan captioned "_ [insert name of plan] dated , prepared by recorded with the County Registry of Deeds in Plan Book Page The easement rights granted herein are more particularly described as the right, from time to time and within the Premises, to install, construct, reconstruct, alter, extend, operate, inspect, maintain, repair, replace and remove (a) underground buried cables, wires, conduits, pipes, splice boxes, hand-holes, wire distributing facilities, fixtures, appurtenances, service and lamp connections, with the wires and cables therein, and all necessary foundations, anchors, and other supporting appurtenances deemed necessary by Grantee for the purposes specified above, (b) above-ground pedestals, concrete pads, transfon-ners, switchgear and apparatus cabinets with the necessary wires, cables, terminals, fixtures and appurtenances deemed necessary by Grantee for the purposes specified above (hereinafter(a) and (b) are collectively referred to as "Equipment"), and (c) together with the right and easement to enter upon the Premises, including vehicular access for construction and maintenance purposes, as may be necessary from time to time for all of the foregoing purposes, utilizing existing paved ways and parking areas on the Zn Premises to the extent practicable. All Equipment shall be installed in confortnance with Grantee's "Information & Requirements for Electric Service," as issued by Grantee from time to time, Any Equipment installed by the 1 Grantor shall be maintained by the Grantor, and if Grantor fails to repair or maintain such Equipment, Grantee reserves the right to do so at Grantor's sole cost and expense. All Equipment shall be installed in locations mutually agreed upon by Grantor and Grantee., and shall initially be approximately as shown on a sketch dated—which is attached hereto and incorporated herein as Exhibit A. To the extent that no location is determined in advance, the location of the easement shall be fixed by the actual installation of the Equipment, and, unless specified otherwise, shall be— feet in width, centered on the Equipment as installed, Grantor may at any time, at its sole cost and expense, prepare and submit to Grantee for review and approval an "as built" plan of the Equipment in recordable form. Upon approval of such plan, and concurrently with the recording of such plan, the parties shall execute and record an amendment to this instrument, fixing the location of the easements granted hereunder to the locations and dimensions shown on such plan, provided, that Grantee shall have the right of access over the remainder of the Premises for all purposes contemplated by this agreement. Grantor will not erect or permit any structures or obstructions which in the reasonable judgment of the Grantee might interfere with the safe operation and maintenance of the Equipment. Grantee shall have the right to cut down and keep trimmed all trees, bushes, underbrush and growth as the Grantee may from time to time deem reasonably necessary for the safe operation and maintenance of the Equipment. All work by Grantor or Grantee under this Easement shall be done in a good and workmanlike manner by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials. The party performing the work shall be responsible for obtaining all applicable permits. Except in the event of emergency, prior to commencing any work,at the Premises, Grantee shall 2n, endeavor to provide Grantor with such notice as may be practicable under the circumstances, which may consist of telephone or other verbal notification. The Grantee shall restore the surface of the Premises (by grading, paving or reseeding) wherever damaged by the Grantee by reason of its work as closely as reasonably practicable to the condition of such surface before such work. In the conduct of all work, neither party shall unreasonably interfere with the business, operations or access of the other party, its employees, invitees or contractors, or any other person having an interest in the Premises. Grantee shall have the right to connect the Equipment with its facilities located or which may be placed in private or public ways adjacent to the Premises. Grantee shall have the right to extend the lines from time to time, and the right to use the Equipment, to serve other customers of Grantee who may conveniently be served thereby. Grantee shall indemnify, defend and hold harmless the Grantor, its successors and assigns, from and against any claim, cost, loss or liability incurred by Grantor for physical damage or injury 2 resulting from the negligence or willful misconduct of the Grantee, its employees, agents and I contractors in the conduct of the work at the Premises pursuant to this easement, Nothing herein shall be construed to impose on the Grantee any liability for indirect, consequential, punitive or other special damages. Grantor may request that Grantee relocate any of the Equipment installed by the Grantee to another location on the Premises acceptable to the Grantee. Such relocation shall be at the sole cost and expense of the Grantor. Grantor shall have the right to use the Premises, and the right to grant to others the right to use the Premises, for all purposes that do not-unreasonably interfere with the rights granted to the Grantee hereby, All Equipment installed within the Premises pursuant to this easement shall remain the property of the Grantee and Grantee shall pay all taxes assessed thereon, This easement is executed pursuant to, and shall be subject to, the Grantee's Terrns and Conditions of Service, as filed with and approved by the Massachusetts Department of Telecommunications and Energy from time to time. EXECUTED as an instrument under seal this day of 20— [Name of Grantor] COMMONWEALTH OF MASSACHUSETTS On this day of 20®, before me, the undersigned notary public, personally appeared —, proved to me through satisfactory evidence of identification, which was I to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. Notary Public My Commission Expires-- SUBORDINATION OF MORTGAGE [INSERT NAME OF BANK] , holder of mortgage on said Premises ("Mortgagee"), for good and valuable consideration, hereby joins in this instrument and agrees with the Grantee that the Mortgagee and its successors and assigns will hold said mortgage and, in the event of foreclosure thereof, the mortgaged Premises, subject to this easement;- but that its rights and the rights of its successors and assigns under said - mortgage shall not otherwise be affected. IN WITNESS WHEREOF, said corporation has caused this instrument to be signed and delivered in its name by its duly authorized officer this-day of 20_. [NAME OF BANK] By: Title: COMMONWEALTH OF MASSACHUSETTS On this day of 20 before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which was to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose, as an officer of_[Name of Bank] Notary Public My Commission Expires: CERTIFICATE OF CLERK/SECRETARY duly appointed Clerk/Secretary of_[insert name of bank]_, hereby certify that [name of officer] the _ [title of officer] is duly authorized to sign, acknowledge and deliver in the name and on behalf of the foregoing subordination agreement. WITNESS my hand and seal, this_day of_, 20_. Clerk/Secretary 4 5 ELECTRIC VEHICLE MAKE READY PROGRAM SITE LICENSE AGREEMENT THIS SITE LICENSE AGREEMENT ("Agreement") is entered into as of the_day of 2018 ("Effective Date"), by and between NSTAR ELECTRIC COMPANY d/b/a Eversource Energy, a Massachusetts corporation and electric company, with an address at 247 Station Drive, Westwood, Massachusetts 02090 ("Company") and , a , with an address at Massachusetts _ ("Site Host"), The Company and Site Host are each referred to herein sometimes as a "Party" and collectively as "Parties". Back,,round- A. The Company has received approval of the Massachusetts Department of Public Utilities ("DRU") for a program for facilitating siting a and installation of electric vehicle charging infrastructure ("EV Charger") within the Company's electric service territory in D,P,U. Docket No. 17-05 ("Make-Ready-Electric Vehicle Char in Infrastructure Proposal" approved by the MDPU on November 30, 2017) (the "Program"), B. Site Host is an electric service customer of the Company, has filed an application with the Company for qualification as a participant in the Program, and has offered to host EV Chargers on property owned or controlled by the Site Host located within the Company's electric service territory ("Site"). C. In order to install the EV Chargers at the Site, the Company needs to install certain electric service infrastructure at the Site (defined below as the "Facilities"), to enable interconnection of the EV Chargers with the Company's electric distribution system. D. Before the Company can proceed with the installation of the Facilities at the Site, the Company requires permission, in the form of this License, from the Site Host, to access the Site and perform the work of installing the Facilities; such License to be replaced in due course by a pen-nanent easement for the Facilities at the Site. E. Consistent with the foregoing, the Parties desire to memorialize their mutual agreements and their respective obligations with respect to the installation of EV Chargers at the Site, consistent with the requirements of the Program. NOW, THEREFORE, in consideration of the foregoing, the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties hereby agree as follows: 1 1.0 Site Host hereby grants to the Company, its successors and assigns, the license and permission, from time to time as may be necessary to install., repair., renew and maintain electrical equipment, including, at the option of the Company, the replacement of said electrical equipment with electrical equipment of different size and voltage, along with the necessary cables, conduits, wires, sustaining or protecting fixtures, and service connections attached thereto constituting a line for the distribution of electricity and lines for telecommunications for control and metering purposes (collectively, the "Facilities"), in., upon, under, along and across the Site, and the right to enter upon the Site from time to time for the purpose of installing, repairing, renewing, maintaining, replacing and removing said Facilities, the approximate location of said Facilities being shown on the Site Development Plan approved by the Parties and attached hereto as Exhibit A, In the event the Company is required to relocate said Facilities or any related sustaining or protecting fixtures due to the request or direction of the Site I-lost or any person acting under the authority or direction of the Site Host, the Site Host shall reimburse the Company for the reasonable costs thereof. -).o All work by the Company under this License shall be done in a good and workmanlike manner by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials, in a manner and location reasonably acceptable to the Site Host and the Company, Site Host agrees that any Field changes in the location of the Facilities shall be subject to prior review and written approval of the Company, which shall not be unreasonably withheld. 3.0 The Company shall indemnify, defend and hold harmless the Site Host from and against any claim, cost, loss or liability incurred for physical damage or injury caused by the negligence or willful misconduct of the Company, its employees, agents and contractors in the conduct of the work at the Site pursuant to this License. 4.0 Site Host agrees that there shall be no interference with pedestrian and vehicular access to the Facilities. It is understood that access to Facilities includes travel through the Site at any time for inspection and maintenance, and for emergency repairs, by all manner of vehicles and on foot. In addition, Site Host may be required, at its cost, to temporarily relocate vehicles or other equipment located within the Site to allow Licensor and its contractors access to the Facilities within the Site. 5.0 Company shall procure and maintain at its expense, at all times during the term of this License, public liability insurance, including personal injury and property damage, and automobile liability insurance in amounts of 52,000,000 combined single limit each, against all I Z1- claims and demands of any injury to person or property which may occur or be claimed to have occurred on the Site as a result of the work on the Site by the Company or its contractors. Site Host shall be designated as an additional insured party on the general liability policy and on the self-insured general liability program shall be treated as if an additional insured. The Company shall, before entry upon the Site for the purposes of installing the Facilities, furnish the Site Host with a valid certificate of such insurances. Site Host acknowledges that Company may self- insure all or part of its insurance obligations hereunder. 2 6.0 Site I-lost and its employees, agents and contractors shall comply at all times and under all circumstances with all Massachusetts General Laws (M.G.L. c. 166, s, 21 A at seq.), OSHA and any other applicable requirements regarding work or activity in the proximity of energized electric lines, 7.0 Site Host shall promptly reimburse the Company for the actual costs, as reasonably determined by the Company, of repair or replacement of any Facilities that have been injured or damaged by the Site Host, its agents, invitees, contractors, or their respective employees. 8.0 Notices under this License shall be in writing and sufficient if sent by(a) facsimile, with electronic confirmation of receipt (provided that an additional copy of the notice shall be sent via first class mail, postage prepaid), or(b) by hand delivery or overnight courier delivery, in either case with written confirmation of delivery, to the following addresses: If to Company: NSTAR Electric Company d/b/a Eversource Energy One N STAR Way, SE 2 10 Westwood, Massachusetts 02090 Attn: Office Telephone Number: Fax: If to Site Host: Such notices shall be deemed delivered when received or when delivery is refused. 9.0 This License contains the entire agreement of the parties with respect to the subject matter hereof. This License shall be binding on the parties and their respective successors in title. This License can be modified only by an instrument in writing signed by both parties. 10.0 This License shall be governed by the laws of the Commonwealth of Massachusetts, and shall be specifically enforceable, IN WITNESS WHEREOF, the parties have caused this License to be executed as an instrument tinder seal by their respective duly authorized representatives as of the date and year first above written. 3 COMPANY: NSTAR ELECTRIC COMPANY d/'bl/'a Eversource Energy By: Name-, Title: SITE HOST: By: Name: Title: AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Vote on A F SC ME Building Maintenance, Local 1703 Contract (5 min.) PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager U1 SUMMARY- This contract has several wording changes that do not have any financial impact and some updates to the contract to reflect prior changes. It includes a stipend for employees that use a personal cell phone for their town duties and provides a 2.0%per year COI-A and in F Y20 (7/1/19) eliminates a step and adds a new top step for the Custodian position and 0.5% increase in the top step for the Bead Custodian SUGGESTED MOTION: Move to authorize approve the contract between the Town of Lexington and AFSCME Local 1703 Building Maintenance Division for FY19-21 and further to authorize the Town Manager to execute the MO as attached. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:15 p.m. ATTACHMENTS: I)escription Type S Mop 1775 tiON > APRIL 19" 1FXINo, Memorandum of Understanding Between Town of Lexington and AF SC Local 1703 Building Maintenance Division The Town of Lexington and the AF SCME Local 1703 Building Maintenance Division, hereby agree to the following amendments to the collective bargaining agreement that covered the period through June 30, 2018« Article 10: Hours of Work Delete current list of shifts and replace with following: One (1) shift working five (5) consecutive eight(8) hour days; Monday through Friday, 5:00 a.m. to 1 :30 p.m. --- Community Center Custodian (1) One (1) shift working five (5) consecutive eight(8) hour days; Monday through Friday, 6:00 a.m. to 2:30 p.m. --- System Custodian (1) One (1) shift working five (5) consecutive eight(8) hour days; Monday through Friday, 6:30 a.m. to 3:00 p.m. --- System Custodian (1) One (1) shift working four(4) consecutive ten (10) hour days; Monday through Thursday, 1 :00 p.m. --- 11 :30 p.m. --- System Custodian (1) One (1) shift working four(4) consecutive ten (10) hour days; Monday through Thursday, 7:00 a.m. --- 5:30 p.m. ---Head Custodian (1) One (I) shift working five (5) consecutive eight(8) hour days; Tuesday through Saturday. Tuesday through Thursday 1 :00 p.m. --- 9:30 p.m.; Friday 9:00 a.m. --- 5:30 p.m.; and Saturday 8:00 a.m. --- 5:30 p.m., with one (1) hour of this (9)hours Saturday schedule is to be paid at the overtime rate. --- Ubrary Custodian (1) One (1) shift working five (5) consecutive eight(8) hour days; Monday through Friday, 6:00 a.m. ---2:30 p.m. --- L,ibrary Custodian (I) One (1) shift working four(4) consecutive ten (10) hour days; Monday through Thursday, 1 :00 p.m. --- 11 :30 p.m. --- Community Center Custodian (1) One (1) shift working four(4) consecutive ten (10) hour days; Friday, Saturday, Sunday and Monday. Friday and Monday 12:00 p.m. --- 10:30 p.m.; Saturday and Sunday 7:00 a.m. --- 5:30 p.m. ---Community Center Custodian (1) One (1) shiftworking four(4) consecutive ten (10) hour days; Friday, Saturday, Sunday, Monday with a start time no earlier than 7:00 a.m. and an end time no later than 9:00 p.m. --- System Custodian (1) Article 8 Discipline and Discharge Change first sentence to read "No employee who has completed his/her probationary period as provided in Article 6 shall be suspended or disciplined except for just cause." Article 14: Holidays Delete the sentence under the listing of holidays that starts with, "These holidays shall be observed. . ." and add "In a week where one of the holidays listed above falls on an employee's regularly scheduled day off, the employee will receive an alternate day off which will typically be the next scheduled work day or, at management's discretion, the work day before the scheduled holiday occurs. If the employee wishes to instead take a different day off during that workweek, s/he has the option to discuss this request with the Director or his/her designee at least two weeks in advance of the scheduled holiday. The Director or his/her designee may approve the employee's request if it does not interfere with the operation of the department." Delete "Holiday pay shall be eight (8) hours pay at the straight time for the previously listed holidays and approved holidays." and "Holiday pay shall be ten (10)hours pay at the straight time for the previously listed and approved holidays." Add: "For all previously listed and approved holidays, holiday pay shall be eight (8) hours pay at the straight time for those on a five day work week and ten (10) hours pay at the straight time for those on a four day work week." Article15: Vacations Section 15.1. hired on or l)uJore March 21),...201 1 sliall l)e giveti annu(lfly- An employee who shall attain in any calendar year the length of continuous service with the town indicated in the following table, shall, during that year, be entitled to the length of vacation indicated. • After more than six (6) months but less than one year of continuous full time service--- I week 15 days • After one (I) year of continuous full-time service---2 weeks/10 days • After five (5)years of continuous full-time (or equivalent) service---3 weeks/15 days • After ten (10) years of continuous full-time (or equivalent) service---4 weeks /20 days • After twenty (20) years of continuous full-time (or equivalent) service--- 5 weeks /25 days 2 Section 15 1. Theadditional week of vacation gained upon five(5) orten (10)years o[service cannot be taken until after the employee's service anniversary date has passed, except in cases where there is insufficient time remaining in that calendar year. In this case,the added vacation weeks can be authorized by the Director of Public Facilities to be taken prior to the anniversary date. See4jofl 15 73. Wleatiofl Vacations must be taken during the calendar year in which it is credited in accordance with a schedule approved by the Director of Public Facilities. However employees may carry forward a maximum of five (5) vacation days earned in a calendar year into the next calendar year. Section 15�2 1,J]MIQygg� !1iredaffin- Mar(Ji 21), 2011 sliall accruC montlily- An emplgy�,e hiredafter March 21), 2011 cannot take vacation Until comI21glion six (f�)i1]gfljhs of,contjnuous. gn?]Qyma,t)L MI)Jgsss Waived buy jig Qjrector of, PuNic 1w acjfitjess: • A ffin-more that six �)ut Jess that t � Y�,ar of,continuouss full time service Al 0 w y� 12Q,r ITIontli (AQ 11gqls annually) • A ffin-one (1)ygar of`continuouss full time service .8'1)3) dayss pear 111(atltli ( (,) JiQqEs annually) • A ffin- five (l�) ygars of` continuouss full time ((:aE gggivalent) service 1 25 (layss pour III on th 1 liol,tl'ss annu(lfly) • A ffin- ten (JQ) Ya,arss of, continuouss full time (g]- g%!iValent) service 1.00 (hly s pg]- III on th I liol.tl'ss annu(lfly) • A( n m ti�� (2Q)mars u - $ ()6 continuouss fUll tiMe (i2l-mjvajent) service 2 Q 8 (!ay ss pg]-122 i2l]q! (2�DQ liogl'ss annu(Illy) Section 15-34. Upon termination of employment, the employee shall receive payment equal to the amount of vacation pay he/she would have received had the termination not occurred. If termination is caused by death, such payment shall be made to the employee's estate. Section 15A5.. For single days of vacation leave, employees must give a minimum of one (I) week notice prior to requesting vacation leave. For request of more than one (I) day of vacation leave, employees must give a minimum of two (2) weeks' notice prior to requesting vacation leave. If a single day of vacation leave is needed with less than one (I) week notice for unforeseen circumstances such as a medical appointment, the request will not be unreasonably denied. When canceling vacation leave, employees must give a minimum of forty eight(48) hours' notice. A Of!OW (740fffff Ffiek� 14& VfwfAi00S-fff Afto ir fllw Si"1111+inf� An enitAoyee 4ifef.1 aftef toe or die eofllfael Cannot take vaeatwain until eonitAetion or si)( (0)mondis or tMiess waivef.l by 4W Di11e(14)f or 14,4441 141(lilitieSr A 1�ef mofe dian si)( (0) mondis 1)uless dian one yeah or eonlinuous 1l41 lime sefviee 410 (Jays t�ef nuQan t4(40 4(,)iff s afl fi tkaj Jy) A Ref on e (I) yeaf o r e on 1i n uous ful I-6 file s efv I ee 493 3 (Jay s pef III on di('90 tours an n ual I 3 410 A Ref kve (5) yeafs or eonlinuous f4,01-611le of equivalent) sef:viee I�2 5 (.1ay s pef mon di (12 0 ltoufs annually) 41P A Ref+efl (10) '�eaf s o P eom4fl tk(,)tks k4j 4411-e ((,)f eq4vajeflt) sef:o,,41tn 1..o o f.1 a, 00 afifitkall, �0 410 A Ref t,*enty (20)yea fs<41 conlinuous 1�41 lime (of equivalent) sefviee 2r 0,9(.1ay s pef mon di(200. ltoufs annually) wjela (,)fl Gaff' Vacation time continues to accrue and shall not exceed 25 days unless approved in writing by theTown Manager. Once an employee accrues 25 days of vacation he/she will stop accruing additional vacation time each month until said level of unused vacation falls below 25 days. orefII-tA(,)' 4W slo-all fe(lefVe 1,*I!�f*eflt eq�kaj �o die amount or Vacation I'my lie/slle v"oul(I 4ave feeeivef.l 4ad die �efflliflatiofl flot occuf4:e(I. Ir 1674� keave 14)f sifl�oje f4a, ;s (,)P Av,aeati(,)fl lea'Vt�; ffli-J'A HI-EE'st�of'Ve a^kffiffl MI-EWl- (,)r ofl e (1(...Week floliee to 4)fequestifl Vffilati 0H leave1:,of fequeso r III ofe dian on e (I) (.1ay o vaeati on leave; efllf'A oyees ffit*Sst�of'Ve a HI-MMI-EWl- (4tw(') (2)Weeks fli)44ee ffi(,)f to 11 Si fl I e f4a, i o P vaeati(,)fl leave i s fl eef.lef.1 W44 jess t4afl (,)fl e 1)Week flo44ee )f tktl k,)+�eseefl eeS SEK4 as afllef.heal die fequest,*41 not he unfeasonably w4en eatleeling Vacation leave; e1711,AoYees mus1pve a mimmum<,4lofty (4,9)4oufs noliee� Aa Li10- This ar6cle has Nen le1t �flank, Article 17: Sick Leave Introductory Paragraph 1. Delete current language. Add "With the implementation of the FY2019.-FY2021 contract, all current employees will be required to make an initial donation of three (3) days to the bank. New employees will be required to make an initial donation of three (3) days to the bank after six months of employment. Participation in the Sick I-cave Bank is mandatory." 3. Delete". . a balance of approximately 100 days and will not begin again until the balance falls below 50 days" and add a balance of approximately 50 days and will not begin again until the balance falls below 25 days." 17.1 : Sick heave Bank At end of Section A(1)(b) add: "Employees who have been on Sick Leave Bank within thirty (30) days of duly I shall not be required to donate any days on July I of that year (if requested)but shall continue to remain eligible for the Sick Leave Bank." 4 Article 29: Miscellaneous Provisions Add new Section 29.4 TheTown shall pay a monthly stipend of twenty-five dollars ($25.00) to those employees who use their personal cell phone forTown business and who are not required to access email as a part of their job duties. TheTown shall pay a monthly stipend of fifty dollars ($50.00) to those employees who use their personal cell phone forTown business and who are required to access email as a part of their job duties. The determination as to whether access to email is a requirement of an employee's position shall be at the sole discretion of the department head. Employees who receive this stipend shall be required to respond to all business related phone calls, emails and requests received through their cell phone and by any other means during all hours worked. It is agreed and understood that employees shall not answer business related phone calls, or respond to emails or to requests received through their cell phone or by any other means during non-work hours. Article 36: Performance Evaluation Tool Section 36.3 Delete current language and add the following: "An employee who has a delayed step increase will be placed on a performance improvement plan for ninety (90) days and will be reviewed again after the completion of the ninety (90) days. After review and at the discretion of the Facilities Director, the performance improvement plan may be extended for an additional ninety (90) days. At any time during the two (2) ninety (90) day increments, theTown reserves the right to implement discipline to address performance issues. If a step increase is denied, the employee shall have the right to grieve the denial of the step increase." New Article 41: Pregnant Workers Fairness Act A. BACK GROUND The Pregnant Workers Fairness Act amends the current Massachusetts statute prohibiting discrimination in employment (M.G.L. c.15 1 B section 4), and expressly prohibits employment discrimination on the basis of pregnancy and pregnancy-related conditions. It also describes employers' obligations to employees that are pregnant or lactating and the protections that these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and have an obligation to accommodate pregnant workers. B. POLICY In accordance with the Pregnant Workers Fairness Act: ® The Town will accommodate conditions related to pregnancy, including post-pregnancy conditions such as the need to express breast milk for a nursing child, unless doing so would pose an undue hardship (significant difficulty or expense) on theTown. ® Once an employee requests an accommodation, the Town will communicate with the employee to determine a reasonable accommodation for the pregnancy or the pregnancy-related condition. ® The Town will not require a pregnant employee to accept a particular accommodation or to begin 5 parental leave if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship on theTown. ® The Town will not refuse to hire a pregnant job applicant or an applicant with a pregnancy-related condition because of the pregnancy or pregnancy-related condition if an applicant is capable of performing the essential functions of the position with a reasonable accommodation. ® The Town will not deny an employment opportunity or take adverse action against an employee because of the employee's request for or use of a reasonable accommodation for a pregnancy or pregnancy-related condition. ® The Town will not require medical documentation about the need for an accommodation if the accommodation requested is for (i) more frequent restroom, food, or water breaks; (ii) seating; (iii) limits on lifting no more than 20 pounds; and (iv) private, non-bathroom space for expressing breast milk, C. PROCEDURE Any employee needing an accommodation for a pregnancy or pregnancy-related condition should contact Human Resources for assistance. Article 32 Wage Schedule and other compensation items Base Wage Increase Fiscal Year 2019 Fiscal Year 2020 Fiscal Year 2021 July 1, 2018 July 1, 2019 July 1, 2020 COLA 10% 10% 10% Eliminate Step 2 on Salary No change Eliminate Step 2 No change Schedule for both Custodian and Head Custodian Create NewTop Step for No change Create a new Step No change Custodian 10 which is 2.0% higher than Step 9 for Custodian only IncreaseTop Step for Head No change Increase Step 9 No change Custodian by 0.50% for Head Custodian Increase Snow Stipend Add $300 No change No change See Attached Salary Scale Appendix C 6 Signedthis --------------------------------------------day of--------------------------------------------------201& Town of Lexington: AFSCME Local 1703: ------------------------------------------------------------------------------------- James .J. Malloy Kyle Walsh, President Town Manager AFSCME Local 1703 ------------------------------------------------------------------------------------- Witness 7 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review Parcel 'Fransfer Request- 0 Hillcrest Ave, Parcel 20-193 (5 min.) PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager U2 SUMMARY- Attached please find a memo from Rajon fludson, Management Analyst in regard to the town-owned property located at 0 14illcrest Avenue. In summary, the abutting property owner has approached the Town to acquire the abutting town-owned property. The property is a small triangular shaped 4,629 s.f. property with a low value given it's shape and size. If the Town were to entertain selling this property, we would need to have an appraisal report completed to determine the value of the property. If this is the direction the Board determines to go, I recommend that we contact the property owner to indicate they will need to agree to fund the costs associated with the appraisal. It will also take a Town Meeting authorization for the Town to dispose of the property. My recommending is that we do not move forward with this proposal since the Town has a sewer main that utilizes this parcel and the Town may need to undertake work on that sewer main at some point in the future and that due to this need, there is a value to the Town continuing to own this parcel. SUGGESTED MOTION: Move to decline the request for the Town to sell 0 14illcrest, FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:20 p.m. ATTACHMENTS: Description Type b35MbNNtpb.. oQl coq b Town of Lexington C � Y y 'f Town Manager's Office A➢RIG ip'r James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Assistant Town Manager Fax: (781) 861-2921 TO: James J. Malloy, Town Manager FROM: Rajon Hudson, Management Analyst DATE: December 3, 2018 SUBJECT: Request for an Appraisal Yenny Chiu, 74 Hillcrest Avenue, contacted the Town Manager's Office to inquire about purchasing 0 Hillcrest Ave (parcel 420-193), a 4629 square feet parcel abutting her property. Ms. Chiu explained her primary purpose for purchasing this parcel of land is to continue landscaping and maintaining the property. This property was acquired by taking through the Plan of Hillcrest Avenue in April 7, 1969 for sidewalk betterments on that street. The reasonable market-based purchase estimate for this property was assessed at $35,000 by Robert Lent, the Town Assessor. Additionally, I reached out to all department managers who may have projects related to this property (Conservation, Planning, Engineering, Building, Assessors, Treasurers, Recreation). I consulted each manager to see if there is any concerns regarding selling this land, and Engineering stated that there is sewage line and manhole on the property. John Livsey, the Town Engineer, stated that the Town would need to have an easement on the property to maintain the right to repair and maintain the sewer line and stated there could be no permanent structures built on this parcel. I consulted Town Counsel, and he stated that legal fees would amount to about$10-12K, including preparing a purchase and sale agreement,reviewing title work, and preparing closing documents. The next step in this process will be scheduling an appraisal of the property to determine the value of the parcel. Before we conduct this appraisal, I would like to get the Board of Selectmen's opinion on whether the Town wants to conduct an appraisal of this property and gauge whether the Board has interest in selling this parcel or not. Included with this memo is a map of the parcel, map of the sewer line, supporting documents for the Plan of Hillcrest Avenue. Attachments 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 M Rqi 177S G APPIt 19- CFK1 N i'l MEMORANDUM TO: Rajon Hudson, Management Fellow FROM: John Livsey, Town Engineer DATE: November 1, 2018 SUBJECT: Hillcrest Avenue parcel 20-193 As we discussed the property at 74 Hillcrest Avenue is interested in purchasing the property identified as parcel 20-193. This parcel is owned by the Town of Lexington and currently contains a sanitary sewer line within the boundaries. If the town were to dispose of this property to the abutter it would be necessary that a permanent casement be maintained on the property for the purpose of all municipal utilities. This easement would allow the town to install, maintain, and replace municipal utilities within the property boundaries. It would also preclude the owner from building any permanent structures on the property and from restricting access to the town. Thank you for allow us to comment on this request. lit �0/11, w v """ ✓�/` N, f pr'"', i J✓n � r" � ✓t'✓°v° i ay 3 rfr q�h r u✓ / �/ ay 4 k • r ✓ ,w""� " ' 'i «� - �,✓ a�P ��+'" u,;� i f i ,Y w r� m� T I r�i r a� rdwu M1 N � � � ww,w,✓rich ��^',"'�� f' t � , ► 3� t) ii �� //f✓i� , K/ M��/�i�r %%/�f Vii• "+kw / ��i/ii%/JG���/r/Jii/�%' •wr iii/�//%��� I • r TI w5d {/�] ✓"� ✓�/ "� ��✓�r � ail \V w^ rn h`�j \r► r Mod CD 53 w i w A �. baZ£� t0r �Il N •F.,.�� . .,:.ITP a ........01 i, k4 �y Y.. ..E. GGGG i rr 70 �� 4 iy a, •ern � � � � ,� w cn 1 v w�a, i�w r" P� � �. �.. �w W r °..w 4,r. "'u it rrf�..�? rA� .✓� uu r nd L tt W� rt rWu r rw s� ;u' � �iilj�i "v � s � � 1 i� rIr i t V r r t J, r � J �f r %a;{ iix11�� VP IN „.wlx➢ r�rv�.. l � xx''I � rr/r// r i wZcv �� ITT 60T q Ltd " z (6 Qk P D 4 VTT ¢ c W „ — � ! C— ry � tt �'.✓�' is �� Cl tr d ; l jib € � ' � t JlbS ee ? n 'o o 'v t 84 #fib CL ,.. 3 �y Tt'.v Z.tti w d z 0. 0) 00'6tgfi c7 rj r 1 c jtr 00 , Q C4 'vs , T6 04 AI b 0Q 0L 9 �— Iva; - 'Sv...... �'; �tf: y;" �i2S` tib N z L t-0 z rAl Ao ' W y n» 00'99L6 0 �L - i M - a W s 2 `r' Q1' > W (D _J 0m � d � U z 'z WQ d �e ��o � o {n Q J W W (� d � (!J W O D ry O � xB 5 0 (� AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Annual License Renewals (5 min.) PRESENTER: ITEM NUMBER: Suzie Barry, Chairman IJ3 SUMMARY- The attached list of annual license renewals is ready for your approval and signatures. Please approve and sign all the licenses for the establishments and the Selectmen's office will mail out the licenses by the end of December. SUGGESTED MOTION: Move to approve and sign the license renewals identified on the attached list. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:25 p.m. ATTACHMENTS: I)escription Type D 1,),,i of/unmfl hcw,c,, fm Rcmnuflon 1`x,.,1/ 11, 1kit klip Vlmcfm) ALL ALCOHOLIC BEVERAGES COIN 11 Casale Lexington Elks-Juke Box Ixtapa Cantina Lexington Elks-Videogame Lexx Rest. Waxy O'Connor's - Pool Table 1 Via Lago Waxy O'Connor's - Pool Table 2 Waxy O'Connors Waxy O'Connor's -Juke Box Yangtze River-Sanyo COMMON VICTUALLER Pending Completion of Documents Abbotts Frozen Custard BulPan Restaurant - Inspection Alexander's Pizza Aloft Lexington ALL ALCOHOLIC/I N N HOLDER Bollywood Cafe Aloft Bulpan Restaurant Element Dunkin Donuts (10 Woburn St.) Dunkin Donuts (141 Mass. Ave) RETAIL PACKAGE GOODS STORE Dunkin Donuts (1707 Mass Ave) Busa Dunkin Donuts (277 Bedford St.) Dunkin Donuts (373 Waltham St) Pending Completion of Documents Element Lexington Apex- Insurance Fruitee Yogurt Knights of Columbus ALL ALCOHOLIC CLUB Lexington Elks Lexington Elks Lexington House of Pizza Lexington VFW Peet's Coffee &Tea Tres Petite Creperie ENTERTAINMENT Waxy O'Connor's Aloft Lexington Bollywood Cafe CLASS 11 Bulpan Auto & Diesel Sales Element Lex. Lexington Auto Sales Waxy O'Connor's Yangtze River-Sanyo COMMON CARRIER M&I Transit Systems, Inc. LODGING M&I Transit Systems, Inc. Aloft M&I Transit Systems, Inc. Element M&I Transit Systems, Inc. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Elect Board of Selectmen Vice Chairman(5 min.) PRESENTER: ITEM NUMBER: Suzie Barry, Chairman 1,14 SUMMARY- Elect a Vice-Chairman of the Board of Selectmen SUGGESTED MOTION: Motion to elect Vice-Chairman of the Board of Selectmen. FOLLOW-UP: Selectmen's Of DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:30 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen- Committee Re-Appointmeats/Resigriation(5 min.) PRESENTER: ITEM NUMBER: Suzie Barry, Chairman 1.15 SUMMARY- Re-Appointment Historic Districts Commission The term of Paul O'Shaughnessy, who serves as a Full Member on the Historic Districts Commission (HDC) representing Lexington Arts and Crafts Society (I-ACS), expires at the end of December 2018 . The I-ACS supports his reappointment. The term of Mark Connor, who serves as an Associate Member on the Historic Districts Commission, expires at the end of December 2018, The I-ACS, Library and Historical Society support his reappointment. Resignation The Board is being asked to accept the resignation of Michelle Ciecolo, MassPort Community Advisory Committee and MAGIC, effective immediately. The Board extends its thanks and appreciation to for her time and effort in serving the Lexington Community. SUGGESTED MOTION: Move to reappoint Paul O'Shaughnessy as a Full Member on the Historic Districts Commission representing LACS for a term to expire December 31, 2021 Move to reappoint Mark Connor as an Associate Member on the Historic Districts Commission for a term to expire December 31, 2021 Move to accept the resignation of Michelle Ciccolo from the MassPort Community Advisory Committee and MAGIC, effective immediately. FOLLOW-UP: Selectmen's Of DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:35 p.m. ATTACHMENTS: Description Type D Rc,,wimi)on \1(, )(,(o)o 1k'ido1p\'Nwfm) From: Michelle Occolo [ ] Sent: Tuesday, November27, 201.8 8:23 PM To: Nathalie Rice <nrice@lexingtonma.gov>; Suzie Bar'r'y<sbarry@lexingtonma.gov>; James Malloy <]malloy@lexingtonma.gov> Subject: Formal resignation, various regional boards Ih Folks, I am currently Lexington's appointee to the MassPort Community Advisory Committee and the Selectmen representative to MAGIC. I wanted to notify you of my official resignation, effective immediately, from both those hosts so that the Board can take the matter up on a future agenda and appoint my replacement. Thanks, Michelle Michelle Ciccolo AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss Board of Selectmen Name Change Proposal for 2019 Annual 'Fown Meeting (10 min.) PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager U6 SUMMARY- Jill Hai is requesting that the Board of Selectmen consider changing references to "Selectmen" to "Selectboard" throughout official town documents and that the Board be referenced as the Selectboard. Many communities have made this change to recognize the differences that have occurred over the past 200 years (women's suffrage). I will be discussing with Town Counsel and requesting that Town Counsel draft the appropriate Town Meeting warrant article should the Board decide to move forward with this change. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2018 9:40 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor License - Cary Memorial Library PRESENTER: ITEM NUMBER: Suzanne Barry, Chair CJ SUMMARY- The following One-Day Uquor 1-icense to serve wine, beer and liquor has been requested: Cary Memorial 1-ibrary Foundation, Saturday, March 23, 2019 from 7:00 p.m. to 11:00 p.m. for the purpose of their 150th Anniversary Gala- F undraiser being held at the Cary Memorial Library, 1874 Massachusetts Avenue. SUGGESTED MOTION: Move to approve the consent agenda. FOLLOW-UP: Selectmen's Of DATE AND APPROXIMATE TIME ON AGENDA: 12/17/2-018 ATTACHMENTS: I)escription Type D I dw" I'l, (m"' Molinim)I'd-mi", Ili klip Vlmcfm) Mon►wpc .� TOWN OF LEXINGTON KC °2 1 d� I SELECTMEN'S OFFICE 3 AM qiM APPLICATION FOR ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: �-°'� /"� r�a� c 1 �+��•° Fo��� �� CONTACT NAME AND NUMBER: fh oL,j C- 11(, ADDRESS FOR MAILING: EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: t 5 0 Ann ►v Er J Ari LOCATION AND ADDRESS: (� Ar) M f og o( +o 1 fir+ 6r1tf) DATE OF FUNCTION: a►.rc+% a 3, ;k TIMES OF FUNCTION: ~ P p y►•, TYPE OF LIQUOR TO BE SERVED: DATE AND TIME WHEN LIQUOR DELIVERED:l''a 2,3, a° DATE AND TIME WHEN LIQUOR REMOVED: r ✓''' ADDITIONAL INFORMATION: Auth rized Signature Federal Identification No. or Social Security Number