206 King Street DEVELOPMENT AGREEMENT 200408/ l/2064 15:32 EAI 413 536 _ RESNIC SEAUREGARD ET AL €0v❑z/VVz
DEVELOPMENT AGREEMENT
I�IIVIIIWIOct � II ilVIIIIIII
Reoorded: 09/09/2004 10:35 AM
WITNESS this Development Agreement (hereinafter referred to as 'Development
Agreexnenf) dated as of the 1 Oth day of August, 2004 made by and between. the City of
Northampton, a Massachusetts municipal corporation with a usual place of business at City Hall,
210 Maim Street, Northampton, Massachusetts, acting by and through its City Council
(hereinafter collectively referred to as "Northampton'), Carl W. Gutkowski and Edith A.
Gutkowski, 206 King Street, Northampton, Massachusetts (hereinar collectively referred to as
"Gutkowski "), and Todd M. Demers, 48 Hunt Seat. Drive, Chicopee, Massachusetts and James
K Demers, 39 Haven Avenue, Chicopee, Massachusetts (hereinafter collectively referred to as
"Dermem ").
RECITALS
WHEREAS, Gutkowski and Demers have entered into a Purchase and Sale Agreement in
which Gutkowski agrees to sell and Demers agrees to purchase the premises commonly known
as 206 King Street, Northampton, Massachusetts (Parcel ID l.'+lo. 2417 - 119 -001) as more
particularly described in a. deed dated March 17, 1972 recorded in Hampshire {County Registry of
Deeds, Book 1624, Page 242 (hereinafter referred to as "206 ling Street "); and
WHEREAS, Demers is the owner of the premises commonly known as 200 King Stream
Northampton., Massachusetts (Parcel ID Igo. 24D- 121 -001) as more particularly dcscribed in a
deed darted September 30, 2003 recorded in Hampshire County Registry of Deeds, Book 7504,
Page 211 (hereinafter referred to as "200 Ding Street ") (Both 206 King Street and 200 Ding
Strom are hereinafter sometimes collectively referred to as the "Property "); and
WHEREAS, both Gutkowski and Demers have petitioned. Northampton to have the zone
classification of the Property ,changed from Urban Residence-C (I C) to Highway Business
(HB) (hereinafter collectively referred to as the `'Zone Change "); and
WHEREAS, as a. rneanssz to offset the impact to Northampton of the above - described
.done Change of 200 King Street and 206 sing Street, both. Gutkowski and Demers have
voluntarily offered to impose certain restrictions on the Proper(y, all as more particularly
described herein..
NOW THEREFORE, for ONE ($1,00) DOLLAR and rather valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows;
AGREEMENT
1, The parties hereto shall properly execute this Development Agreement and have same
rccorded in the Hampshire. County Registry of Deeds.
2. 'Me above - described Property shall be subject to the following restrictions:
a. Use of the, first floor of'the existing and any future buildings on the, Property shall
be limited to commercial retail and personal service establishments, professional
and business offices, medical and dermal offices, and related uses and shall
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specifically prohibit gas stations, automobile service centers, convenience stores
(defined as a store that sells convenience food items, tobacco, and lottery and is
usually open at least fifteen (15) hours per day), take -out restaurants, and adult
entertainment uses. However, nothing in this restriction shall be intended to
restrict the use of the first floor of the exiting buildings from being used for
residential housing.
b. All stories above the first floor of the existing structures shall be limited to
residential housing.
C. Any new structures constructed on the Property shall be multi -story with all
stories above the -first floor limited to residential housing.
d. All new structures constructed on the Property shall cover at least fifty (50 %)
percent of the frontage of the Property and set back not more than thirty -five (3 5)
feet from the front line of the property and contain a minimum of two frill stories
above grade.
e. There shall be no curb cut on Church Street for ingress or egress or cutting of
trees within twenty (20) feet of Church Street without Planning Board site plan
approval.
The above - described limitations are perpetual and can be modified or
extinguished only by a positive two thirds vote of the Northampton City Council.
3. :Northampton, Gutkowski, and Demers agree that if the Zone Change is not approved by
Northampton within five (5) months from the date hereof, or the Zone Change is
subsequently determined to be invalid, illegal, or unconstitutional by the Attorney
General of the Commonwealth of Massachusetts or by a court of competent ,jurisdiction,
or if there are subsequent Zone Changes to the Property from either general business or
highway business which are objectionable to Gutkowski or Demers, then, and in that
event, the provisions of this Development Agreement and each of the agreements and
documents referenced herein shall be null and void. In that event, the parties hereto agree
to act in good faith and with reasonable promptness in executing a notice stating that the
above- described restrictions are null and void so that said notice can be recorded in the
Hampshire County Registry of Deeds, However, the parties hereto understand and agree
that the provisions of this Paragraph 3 shall not apply if the zoning of the property
commonly known as 206 Ding Street and 200 King Street is changed in the future from
Highway Business to General Business,
4. It is the intent of the parties hereto that this Agreement shall supersede the interest of any
mortgagee encumbering the property. 206 Ding Street is not encumbered by a mortgage;
however, 200 King Street is encumbered by a mortgage granted by Todd M, Demers and
James R. Demers to Countrywide Home .Loans, Inc. dated October 2, 2003 and recorded
in the Hampshire County Registry of Deeds, Book 7504, Page 213, As the result, Todd
M. Demers and James R. Demers hereby agree to refinance said mortgage within ninety
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(90) days of the date the above - described Zone Change is granted by the City of
Northampton so that said mortgage will be subordinated to this Development Agreement.
5. This Development Agreement shall be deemed to have been executed within the
Commonwealth of Massachusetts, and the rights and obligations of the parties hereto
shall be construed and enforced in accordance with and governed by the laws of the
Commonwealth of :Massachusetts.
6. This Development Agreement is the entire agreement among the parties with respect to
the subject matter hereof and supersedes all prior and contemporaneous oral and written
agreements and discussions.
7. This Development Agreement is binding upon and shall inure to the benefit of and shall
be enforceable by the parties hereto, their respective agents, representatives, officers,
directors, divisions subsidiaries, affiliates, assigns, heirs, successors in interest, and
shareholders.
This Development Agreement may be executed in counterparts, and when each party
has signed and delivered at least one such counterpart, each counterpart shall be deemed
an original, and, when taken together with other signed counterparts, shall constitute one
agreement, which shall be binding upon and effective as to all parties,
EXECUTED AS A SEALED INSTRUMENT THIS 1OT.H DAY OF AUGUST, 2004,
Witness
Witness
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CITY C) ORTH ON
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by: Mary Cl #e Higgins, its Aa&
Carl W, Gutkowski
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Edith A. Gutkowski
M. Definers
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss.
August 10, 2004
On this 10th day of August, 2004, before me, the undersigned notary public, personally
appeared Todd M. Demers and Jarnes R. Demers, proved to nee through satisfactory evidence of
identification, which was /°V S ce. �- '25; to be the persons whose names are
signed on the preceding document in my presence and acknowledged to me that they signed it
voluntarily for its stated purpose,
Notary Public: Mark Beauard
My Commission Expires: 1106106
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss.
August 10, 2004
On this l Oth day of August, 2004, before -me, the undersigned notary public, personally
appeared Carl W. Gutkowski and Edith A. Gutkowski, proved to me through sa
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evidence of identification, which was ,' ' ,. '
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names are signed on the preceding document in my presence and acIalow y
signed it voluntarily for its stated purpose,
J .i 'f• r /'.W e i I •• '�'i,Al .•.W,i by
Notary Public: �'��'C"�
My Commission Expires:, ,..
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss.
August 10, 2004
On this 10th day of August, 2004, before me, the undersigned notary public, personally
appeared Mary Clare Higgins, Mayor of the City of Northampton, proved to one through
satisfactory evidence of identification, which was Peoolj A l 10o'vYedye , to be the
person whose name is signed on the preceding document in any presence and acknowledged to
me that she signed it voluntarily for its stated purpose as the free act and deed of the City of
Northampton, Massachusetts.
Notary Public:
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My Commission Empires;
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