Mitigation Agreement - Avalon pdf file — ffe6b4fdbc6cf41c0e

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May   7 201
Avalon Canton, Inc.
51 Sleeper Street, Suite 750
Boston, MA 02210
Attn: Scott Dale

        RE: WATER LINE AGREEMENT
             Property:   Avalon Canton at Blue Hills
             Owner:      Avalon Canton, Inc.
             Contractor: Avalon Canton, Inc.

Dear Mr. Dale,

         Avalon Canton, Inc., a Maryland corporation ("Owner"), is the owner of an approximately 44.3-
acre site located on the southerly side of Randolph Street in Canton (the "Property"), on which Owner
proposes to construct an approximately 196 unit residential development to be known as "Avalon Canton
at Blue Hills" (the "Project"). In connection with Owner's acquisition of the Property, Owner acquired
easement rights to construct and maintain a water line serving the Project (the "Water Line"), which
Water Line starts at Randolph Street and follows along "Road A" on property owned by Acorn Estates at
Canton Hills (the "Acorn Estates Property") for approximately 1,875 linear feet, then to Avalon Drive on
property known as Avalon Blue Hills for approximately 600 linear feet, then along Avalon Drive to the
entrance of Avalon at Canton Meadows. The meter pit shall be located to the rear of the Avalon Blue
Hills clubhouse on the fire access road. The approximate location of the Water Line and the meter pit are
shown on the plan attached to this agreement as Exhibit A.

         In consideration of the Town of Canton allowing Owner to connect the Water Line to the Town
of Canton's public utilities, Owner hereby agrees that Owner, and not the Town of Canton, shall be
responsible for performing, at Owner's sole cost, in a good and workmanlike manner: (i) all tasks
allocated as the responsibility of Owner on Schedule A attached hereto and made part hereof; and (ii) all
other tasks related to the operation, management, inspection, monitoring, maintenance and repair of the
Water Line pursuant to all applicable laws and regulations and/or not otherwise allocated herein as a
responsibility of the Town of Canton (collectively, the "Obligations"). Owner agrees to perform and/or to
cause the Obligations to be performed by duly licensed and certified contractors, subcontractors,
managers and operators in accordance with the terms of this agreement and any applicable laws and
regulations. This agreement shall be binding upon Owner and all its successors and assigns, each of
which shall be responsible for the Obligations, but only for such Obligations arising during the time of
their ownership of the Property.

         Notwithstanding anything else to the contrary contained in this letter, the Town of Canton, and all
of its boards, commissions, departments and officials (collectively, the "Town"), reserves the right to
regulate the Property and to issue any order related thereto pursuant to any applicable law, regulation or
bylaw, and the right to require the use of a qualified manager or management company, reasonably
satisfactory to the Town, to operate and maintain the Water Line. The terms of this agreement may be
revised, including but not limited to the allocation of Obligations and required compliance with additional
special conditions, by mutual consent of Owner and of the Town.

        This agreement, and no act or omission of the Town, shall waive any limitations on liability
afforded a municipality of the Commonwealth of Massachusetts or impose any obligations, liabilities or

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other duties upon the Town. The parties further acknowledge that the regulations of the Massachusetts
Department of Environmental Protection ("MassDEP") may require the owner of the Acorn Estates
Property to enter into an agreement with the Town similar to this agreement, and the parties agree that
this agreement shall not apply to the Acorn Estates Property or to any connection or extension of the
Water Line beyond the Project or Owner's land, except: (i) as expressly stated herein; and (ii) subject to
applicable laws and regulations, including but not limited to any MassDEP regulations, orders and
policies.

        The contact person for the Owner to be notified on all matters arising from this agreement and the
Obligations shall be as follows:

        Scott W. Dale, Vice President-Development
        Avalon Canton, Inc.
        51 Sleeper Street, Suite 750
        Boston, MA 02210
        Tel.: (617) 574-9502

        The contact persons for the Town to be notified on all matters arising from this agreement and the
Obligations shall be as follows.

        Bill Friel, Town Administrator
        Dennis Morton, Water/Sewer Supervisor
        Memorial Hall
        801 Washington Street
        Canton, MA 02021
        Tel.: (781) 821-5000

                                [Remainder of page intentionally left blank]




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Please indicate your agreement to, and acceptance of, the terms and conditions of this agreement
by countersigning as indicated below.


                                                TOWN OF CANTON,
                                                B its Board of Selectmen




                                                AGREED TO AND ACCEPTED BY:

                                                Avalon Canton, Inc.,
                                                a Maryland corpor. s •

                                                By:
                                                Name: Scott Dale
                                                Its:  Senior Vice President
                                                      Duly authorized


cc:     William Friel, Town Administrator
        Michael Trona, DPW Superintendent
        James Donovan, Town Engineer
        Dennis Morton, Town of Canton, Water/Sewer Supervisor
        Board of Selectmen




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EXHIBIT A

                   Plans Showing Approximate Location of The Water Line

                                      [See attached]




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SCHEDULE A
Owner Town
Responsibility Responsibility Construction and Installation Owner Initials

1. Operation of valves that feed the "System" to
"Avalon Canton at Blue Hills"
2. Inspection and certification of Pipe material,
Pipe depth, Pipe location, Bend location,
Installation of thrust blocks, Material and
compaction of bedding material, and Material
and compaction of backfill.
3. Inspection and certification of Valve
material, Valve location.
4. Inspection and certification of Hydrant/valve
material, Hydrant/valve location, Installation
of thrust block, Hydrant depth, Installation of
drainage material.
5. Inspection and certification of Water shutoff
and service line material, Water shut off and
service line depth, and Water shut off and
service line location.
6. Inspection and certification of Installation of
individual water meters.
7. [N/A - Intentionally omitted]

8. [N/A - Intentionally omitted]

9. Provide to the Town of Canton's satisfaction
a concrete meter pit on the fire access road at
rear of the Avalon Blue Hills clubhouse
(substantially as shown on the plan attached
to this agreement as Exhibit A) for use by the
Town of Canton Water Department to meter
water to the project with a remote reader, and
provide all valves, meters, installation, all
equipment necessary, and for the
performance and certification of the meter.
E. P 10. [N/A - Intentionally omitted]

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Testing and Certification

C 1. Preparation and certification of as-built plans
and AUTOCAD files
2. Inspection and certification of Pressure
testing, and Disinfection
3. [N/A - Intentionally omitted]

C 4. Review and acceptance of Operation and
Maintenance manuals
111 P 5. [N/A - Intentionally omitted]

LI 111 6. [N/A - Intentionally omitted]

Owner/Contractor Town Owner and
Responsibility Responsibility Operation and Maintenance Contractor Initials

1. Performance and certification of monthly
DEP testing
111 2. Performance and certification of yearly
Valve Exercising
3. Performance and certification of yearly
Hydrant/service valve Flushing
El 4. Performance and certification of Meter
Reading (for 8-inch Meter only)
5. Providing materials, tools, equipment, and
labor for operation of valves both onsite and
offsite prior to and after any water structure
replacement or repair
6. Providing materials, tools, equipment, and
labor for water main breaks
7. Providing materials, tools, equipment, and
labor for valve replacement or repairs
8. Providing materials, tools, equipment, and
labor for hydrant replacement or repairs
C 9. Providing materials, tools, equipment, and
labor for water meter replacement or repairs
C 10. Providing materials, tools, equipment, and
labor for water shut off and service lines

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including special tools, equipment, and labor
                            for deicing
                        11. Providing materials, tools, equipment, and
                            labor for disinfection of repair/ replacement
                            of water meters, valves, hydrant/service
                            valve, water mains, and water shut off and
                            service lines
      [zi          fl   12. Providing mapping updates to the Water
                            Department for any changes to the water
                            distribution system including; mains,
                            hydrant/service valve, valve, bends, water
                            meters, and water shut offs and service lines
       El          Z    13. Performance and certification of monthly
                            DEP testing
                        14. [N/A - Intentionally omitted]

                   LI   15. [N/A - Intentionally omitted]




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