October 17, 2022

“Chair Campbell moved that: Pursuant to paragraph 5 of the 2022 Memorandum of Agreement between Sudbury Valley Trustees (SVT) and the Boxborough Select Board, entitled "Pre-Purchase and Resale of 95 and 105 Sargent Road" ("MOA"), the Select Board approves and authorizes SVT to proceed with the purchase of the land located at 95 and 105 Sargent Rd totaling 21.35 acres, identified as Lot 11-005-000 and Lot 11- 003-000 on the Boxborough Assessor's Maps ("the Property") from the current owner of the property and hereby accepts the state of the title to the Property and all exceptions thereto as set forth in the Fidelity National Title Insurance Company Commitment issued by Marsh, Moriarty, Ontell & Golder, PC ("MMOG") to SVT with an effective date of September 9, 2022, (the "Title Commitment"). This approval and authorization to proceed to closing is contingent upon a full rundown of title on the closing date performed by MMOG and submission of a written report by e-mail and a telephone call to the Select Board Chair and Town Counsel at numbers provided to SVT of the results of such rundown, detailing any new instruments of record since the effective date of the Title Commitment to the Chair of the Select Board and Town Counsel before the recording of the deed from the current owner to SVT (the "Deed.") In the event SVT does not receive a written objection by e-mail from either the Chair or Town Counsel within two hours of the e-mail being sent and the telephone call, SVT may proceed to record the Deed and the Town will not object to any title matter arising prior to said recording at its subsequent closing with SVT, in accordance with the terms of the MOA and the purchase and sale agreement between the Town and SVT concerning the property. If an objection is timely received, SVT and the Town shall proceed in accordance with the provisions of paragraph 5 of the MOA. And I MOVE to accept title to the Property from SVT without objection to the shed encroachment depicted on plan number L-14621 prepared by David E. Ross Associates, dated October 2022, And I MOVE to amend paragraph 6(i) of the MOA to change the date upon which the interest will be determined from the "time of the closing between SVT and the seller," to, "July 18th 2022"the date the MOA was executed, which interest rates shall be 2.92% plus 1% and to authorize the Chair to sign a written amendment to that effect one presented. No other changes shall be made to the MOA. And I MOVE to amend paragraph 2(a) of the Purchase and Sale Agreement between SVT and the Town (P&S) to change the date upon which the interest will be determined from the "closing date stated in the P&S" to "July 18, 2022," the date the P&S was executed, which interest rates shall be 2.92% plus 1% and authorize the Chair to sign a written amendment to the effect when presented. No other changes shall be made to the P&S. Seconded by Member Fox. Meredith Houghton, SVT, explained that SVT is trying to work with the Town to lock in at a lower interest rate, as stated in the last couple of paragraphs added to this motion. Interim Town Administrator Terenzini stated that there is a small shed encroaching on the property in question. A license for this shed may want to be provided in the future, or the owners could be asked to move it. This should not be an issue regarding the title to this land. Approved: 5-0-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." b..” (Motion: Campbell, second: Fox)

Read it in the official minutes, page 1 (PDF)

“Member Markiewicz moved to approve the revised Town Administrator Job Description as amended and presented and to dedicate the authority contained therein Seconded by Member Lipari. Approved: 5-0-0 by Roll Call Campbell "aye," Markiewicz "aye," Lipari "aye," Fowlks "aye," Fox "aye." f..” (Motion: Markiewicz, second: Lipari)

Read it in the official minutes, page 2 (PDF)