February 8, 2021

“T. Fay moved, seconded by L. Anderson, that the Board of Selectmen at a duly called public meeting of the Wayland Board of Selectmen on February 8, 2021, the Board voted as follows with respect to the land on Route 20, a/k/a Boston Post Road, Wayland, Middlesex County, Massachusetts, shown as Lots A, C, and E on a plan entitled "ANR Subdivision Plan Assessor's Map 22, Lot 3, Lot 6 & Lot 7 Boston Post Road, Wayland, Massachusetts" prepared by WSP Transportation & Infrastructure, dated June 1, 2015, endorsed by the Wayland Planning Board on June 2, 2015, and recorded with the Middlesex South District Registry of Deeds as Plan No. 260 of 2017 (the "Property"), and vote to execute and deliver the following documents substantially in the forms presented at the February 8, 2021 meeting, with final changes to be made by the Town Administrator in consultation with town counsel and special town counsel: (a) Twelfth Amendment to Land Disposition Agreement; (b) Infrastructure Development Agreement (Wastewater Facilities); and (c) WWTP Escrow Agreement; and vote to authorize the Town Administrator to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Administrator, to complete the disposition of the Property in accordance with the Land Disposition Agreement entered into between the Town and ALTA River's Edge, LLC (as successor in interest to WP East Acquisitions, LLC.) dated July 28, 2017 (as amended from time to time, most recently by a Twelfth Amendment dated on or about the date hereof, the "Disposition Agreement"), and the applicable Town Meeting vote, including without limitation executing and/or delivering closing forms, closing documents, and settlement statements, including, but not limited to, the following documents substantially in the forms presented at the February 8, 2021 meeting, with final changes to be made by the Town Administrator in consultation with town counsel and special town counsel: (a) Closing Certificate, (b) two (2) Regulatory Agreement and Declaration of Restrictive Covenants for Rental Projects; (c) Collateral Assignment of Infrastructure Development Agreement; (d) Title Affidavit; and (e) Letter Agreement regarding pro forma taxes. In discussion, L. Anderson acknowledged the long-term advantages of the project and the connection to the Town wastewater treatment plant. T. Fay concurred. D. Watkins requested that the contract be revised to establish a methodology to remedy any decision regarding the wastewater facility where the remedy is either threshold based or another mitigating factor, and allow for escalation. C. Karlson noted that the Town was governed by the LDA unless the contract is executed, and there was language included that allowed for a future conversation related to the wastewater treatment facility and language that defined damages. D. Watkins reiterated his request for revision. D. Watkins amended T. Fay's motion to include going back to the developer and reintroducing the floor to the agreement; there was no second to the amendment to the motion. C. Karlson noted that the question was already asked and denied by the developer. Roll Call Vote: YEA: L. Anderson, M. Antes, T. Fay, C. Karlson. NAY: D. Watkins. ABSENT: none. ABSTAIN: none. Adopted 4-1.” (Motion: Fay, second: Anderson)

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