COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. Superior Court Department Civil Action No, 1672CV337 ) ‘TOWN OF BARNSTABLE, ) Plant, ) . > ) BARNSTABLE COUNTY, ) Defendant.) ) AGREEMENT FOR JUDGMENT ‘The Plantft Town of Barnstable (the Town") and the Defendant Barnstable County (the ““County”) (collectively, the “Partes") agree that, pursuant o a Settlement Agreement executed by the Parties on this 28" day of June 2017, judgment shall enter forthe Town as follows. 1. __ The County shall (A) pay $2,950,000.00 to the Town (the “Datnages Amount”) ‘on the Net Debt Servi Schedule attached hereto (the "Schedule" (each individual payment ‘under the Schedule being a“Damages Payment’), and (B) reimburse the Town for its actual, future annual operations and maintenance (“O&M”) costs for the Perluoroalky| Substances (PFAS" filration systems a the Mary Dunn Wells as described in subparagraphs ag, below, for as long asthe Town operates the Systems, including necessary filter replacements (the “O&M Payments"), O&M Payments are subject to and shall be made a follows! 4, Atleast every six months, the Town will ealculat its O&M costs and send the County its calculation, the invaiees supporting the ealeulation, and cemification that al the invoices are for O&M costs at the Town Property associated with the Contamination. Failure to provide notice timely will not affect the Town's rights under this Paragraph | [the County does not dispute the Town's O&M cost, it shall reimburse the Town far those costs within 30 days. Ifthe County disputes the Town’s O&M costs, the Parties shall in good faith sea to resale the disp within 20 days, and the County chal poy any undispated portion ofthe O&M costs within 30 days ‘The County's obligation to reimburse the Town forts O&M costs other than filter replacements will ot exceed the following amount in any fiscal year: $125,000, inereased by 3% (compounded) every other yea (¢., $125,000 in FY18, $125,000 in FY19, $128,750 in FY20, ete.)‘The Town will replace filters upon evidence of PFAS bleed-through and antleipates having to replace an average of two ofthe six filters pa fiscal ‘year tan estimated cost of $35,000 each, and the County shall reimburse the Town forthe actual cost of those replacements up to an average of '$70,000 pee fiscal year. Because the timing and frequency of filter replacements may vary, the County shall reserve $70,000 in each fis year to reimburse the Town for filter replacements in that or any subsequent year. The County shal erry over any unused part ofthe feserved amount to succeeding fiscal your, provided that it need not feserve or pay more than $210,000 of pay the Town any sum greater than the total amount ofthe reserve at any time. ‘The County is obligated to reimburse the Town for filter replacement costs only ffom the reserve existing in the fiscal yearn which those filters are replaced. ‘The County shall be obligated to make O&M Payments tothe Town in any period in which the Town is required to operate any pat of the ‘Systems to comply with then-applicable regulations and advisories related toPFAS. Every to years, the Parties will review the Town’s O&M costs, the need for continued operation ofthe Systems, and the frequency and eost of fiter eplacements, and cooperate to assure effective treatment ata reasonable cost 2. Within 45 days, the County shall reimburse the Town $170,000 for its past O&M costs incurred through June 30,2017. 3, Ifthe County fils to make any Damages Payment or O&M Payment timely it hall be in default under this Agreement. The Town may give the County notice ofthat default, and iit does, the County will have 30 days from the date ofthat notice to cue the default, Ifthe ‘Town gives such notice and the County fils to cue the default within 30 days, the Town may, at its option, exereise any o ll ofthe following remedies: Way accelerate the entire balance ofthe Damages Amount so thatthe ‘entire balance is due and payable; may seck to hold the County ia contempt of court, in which case the County will not contest the contempt finding and (i) in addition to any bother sppropriae elie, dhe Town will be cutie tits reasonable atomeys" fees and costs forthe contempt proceeding; may withhold its next semi-annual County Assessments) (the “Assessments”) up to the amount ofthe County's default, to the extent permit by law, in whieh ease the County will not objest oor inform the Sate ofthat withholding ithe Town isnot permite by law to withholdits Assossment(), the County will eredit the amount ofthe default toward the next Assessments); and 4. Temay exercise any other remedies available at law or inequity 4. The County shall, at no expense tothe Town, conduct all response actions associated with the Contamination and RTN 4-0026179 as and when eequired under Chapter 21 forthe MCP or by DEP. The Parties agree to cooperate and timely exchange al information and ata regarding those reaponseeetions, the Town’ testing and pumping data forthe Mary Dunn ‘Wells, and data generated in the subsurface investigation atthe Barnstable Municipal Airport under RTN 4-0026347. If the County determines thatthe filtation systems installed by the ‘Town atthe Mary Dunn Wells would provide the most efficent remedial ations forthe Contamination, the Parties will negotiate in good faith regarding the County's use ofthe firaton systems as pat ofthe response actions associated with the Contamination and RTN 4 026179, 5, Inexecuting this Agreement for Judgment, neither party makes any admission of fact, aw or lability 6, Bach party shall bea its own attorneys fees and waives any right of appeal ey 3TOWN OF BARNSTABLE COUNTY OF BARNSTABLE BtPn Pures, flabwt Dl Boston, MA 02109 Worcester, MA 01615, 617-621-6500 508-926-3409 th J. Weil (BBO #5T9285) ‘Town Attomey uth weil@town.barnstablema.us TT. David Houghton (BBO #241160) Ise Assistant Town Attorney david houghton@town barnstable:mas (Charles S. McLaughlin r. (BBO #336880) Assistant Town Attorney charles melaughling@town.barnstablema.us ‘TOWN OF BARNSTABLE 367 Main Stet Hyannis, MA 02601-3907 Dated: June 28, 2017 owes 4