DOUGLAS PROPERTIES, LLC, v. GUARANTEED BUILDERS & DEVELOPERS, INC.

In this case, commenced in this court July 24, 2013 by Douglas Properties, LLC (“Douglas Properties” or “Douglas”), the plaintiff seeks judgment against the defendant, Guaranteed Builders & Developers, Inc. (“GBI”) enforcing a written settlement agreement (“Settlement Agreement”) between the two parties, dated July 28, 2009. The Settlement Agreement concerned a parcel of land (“locus”) in the Town of Douglas, Massachusetts, located westerly of Wallum Lake Road and easterly of Shore Road. The parcel is referred to as “Assessors Map 299, Lot 8 . . . 12.61 Acres” on a plan entitled “Survey of Land Map, Assessor’s Map 299, Lot 8 Wallum Lake Road, Worcester County, Douglas, Massachusetts.” The plan is dated January 10, 2007, revised through August 10, 2007, and is recorded in the Worcester (South District) Registry of Deeds, Plan Book 860, as Plan 8.

This case came on to be tried to the court (Piper, J.). In a Decision [Note 1] of even date, the court has made findings of fact and rulings of law. In accordance with the Decision, it is

ORDERED and ADJUDGED that the Settlement Agreement is a valid and effective agreement between Douglas Properties and GBI, binding and enforceable in accordance with its terms. It is further

ORDERED and ADJUDGED that, without lawful justification, GBI has failed and refused after proper demand to perform as agreed in the Settlement Agreement, and is in breach of the Settlement Agreement, and that Douglas Properties is entitled to have GBI specifically perform the Settlement Agreement in accordance with its terms. It is further

ORDERED and ADJUDGED that, within sixty days of this Judgment becoming final (or within such further time as the parties may in writing agree), the parties to the Settlement Agreement and this litigation shall specifically perform the Settlement Agreement as the terms of it provide. The parties shall cooperate with all practical diligence and in all reasonable ways to do so. Without limiting the generality of the preceding sentences, within that time:

a. GBI shall execute, acknowledge, and deliver to Douglas Properties a valid and effective deed in recordable form (accompanied by any and all plans and certificates of authorization and approval required to record the deed and make it lawful and effective), releasing to Douglas Properties all of GBI’s right, title and interest in and to the locus;

b. Douglas Properties shall execute, acknowledge, and deliver to GBI a valid and effective deed in recordable form (accompanied by any and all plans and certificates of authorization and approval required to record the deed and make it lawful and effective), releasing to GBI all of Douglas Properties’ right, title and interest in and to a parcel of land (“Douglas proposed septic parcel”) shown on a sketch plan (“Douglas proposed septic parcel plan”) dated November 6, 2012, prepared by Douglas Properties’ counsel, showing by metes and bounds with precise measurements a parcel to be created out of the locus, containing 27,333 square feet (0.63 acres), having a frontage of 20.15 feet along the easterly sideline of a strip of land with the label “n/f Nelson,” and extending to the east into the locus; the deed also is to convey to GBI easement rights sufficient to allow the laying and perpetual maintenance by GBI at its risk and expense of pipes and other facilities necessary or desirable to transport sewage originating at 103 Shore Road and 105 Shore Road from the eastern sideline of Shore Road to the westerly side of the land to be conveyed by Douglas Properties’ deed of the Douglas proposed septic parcel. The parties may by written agreement alter the location and dimensions of the parcel of land whose title is to be released by Douglas Properties to GBI, but, absent any such agreement or any further order of the court, the release shall be as to the land described in this paragraph of this Judgment and shown on the Douglas proposed septic parcel plan;

c. the costs and expenses of preparing, executing, acknowledging, and recording the deeds required by this Judgment to be delivered (and of seeking, obtaining, and providing all necessary certificates, endorsements, plans, descriptions, authorizations, approvals or other actions or things necessary to record the deeds validly, lawfully, and effectively) shall be borne by the party executing each of the deeds. The deeds shall pass such title as the grantors had as of the signing of the Settlement Agreement, and the titles conveyed by each of the deeds shall be free of any lien or encumbrance made (or suffered to be made) by the deed’s grantor or by those holding under or acting for the grantor; and

d. Douglas Properties shall cooperate in all reasonable ways with any effort made by GBI to apply for, obtain, and keep in place any approvals necessary or desirable to install and maintain a septic system on the land whose title is released to GBI by Douglas Properties pursuant to this Judgment, the cost, risk, and expense of applying for and securing any such approvals to rest with GBI. Without limiting the generality of the preceding sentence, Douglas Properties shall cooperate reasonably with GBI to provide GBI and its contractors, engineers and other agents, representatives, and professionals (and public officials) reasonable access to the parcel being conveyed to GBI, for testing, construction, and periodic maintenance and repair purposes, all such access to be as the parties reasonably in writing shall agree, and to be in compliance with all laws, and at the cost, risk and expense of GBI.

It is further

ORDERED and ADJUDGED that no damages, costs, fees, or other amounts are awarded to any party. It is further

ORDERED and ADJUDGED that this Judgment adjudicates this action in its entirety, as to all parties, claims, and counterclaims, and no other relief is afforded to any party beyond that set forth in this Judgment.

By the Court.