Raymond Development Agreement Rev 12_14_2012
Affected property: Easthampton Road, Northampton
DEVELOPMENT AGREEMENT
WITNESS this Development Agreement (“Development Agreement”) dated as of the ____ day of ______, 2012 made by and among the City of Northampton, a Massachusetts municipal corporation
with a usual place of business at City Hall, 210 Main Street, Northampton, Massachusetts, acting by and through its Mayor (“Northampton”), and Robert D. Raymond, with an address at 18
West Shore Drive, Goshen, MA 01032, and Donna F. Weinstein, with an address at 401 Edgemoor Drive, Morristown, NY 08057 (collectively referred to as “Raymond”).
RECITALS
WHEREAS, Raymond owns certain real estate located on Easthampton Road (Route 10), Northampton, Massachusetts, being the property more particularly described in a deed dated October 17,
2008, recorded in the Hampshire County Registry of Deeds in Book 9622, Page 206, and shown on the Northampton Assessors Maps as Map ID 44-031-001 (“Raymond Property”).
WHEREAS, Raymond wants to develop the property for research and development, light industrial, and back offices (but not medical or high traffic professional offices); and
WHEREAS, rezoning the Raymond property from its current Business Park district (BP) to an Office Industrial district (OI) or General Industrial district (GI) would make it possible to
develop the property without waiting for other BP property owners to develop their property; and
WHEREAS, Northampton supports such development while wanting to ensure that the critical goals of Business Park zoning are met, specifically coordinating infrastructure development,
minimizing curb cuts on Route 10, preventing pre-mature development that generates little in the way of jobs or tax base, and preserving the environment;
NOW THEREFORE, for ONE ($1.00) DOLLAR and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
AGREEMENT
The parties hereto shall execute this Development Agreement in a form acceptable for recording and Raymond shall forthwith after execution record same recorded in the Hampshire County
Registry of Deed. Raymond shall, within seven (7) days of execution of this Development Agreement deliver to Northampton, at its Office of Planning and Development, a copy of the
recorded Development Agreement.
Prior to requesting a certificate of occupancy for or occupying any building on the Raymond Property, Raymond agrees to develop only one curb cut with a shared driveway to serve the
entire property and to develop that curb cut and shared driveway within 100 feet of the northerly property boundary.
Prior to requesting a certificate of occupancy for or occupying any building on the Raymond Property, Raymond agrees to grant a right-of-way easement across to said shared driveway,
and extending from the shared driveway to the land now or formerly owned by Goldfarb and his heirs, successors and assigns (“Goldfarb”), or an irrevocable offer for such easement if
Goldfarb is not ready to accept the easement, for One Dollar ($1.00), with Goldfarb solely responsible for the costs of extending the common driveway onto Goldfarb’s property (“Extended
Driveway”), and for the cost of the plowing, landscaping, repair and replacement of the Extended Driveway, and for maintaining the same in a neat and orderly appearance and assuring
physical access to the properties at all times. Said easement shall be in form and content reasonably acceptable to Raymond and to Northampton.
Prior to requesting a certificate of occupancy for or occupying any building on the Raymond Property, Raymond agrees to develop a sanitary sewer line to serve their property prior to
any occupancy of their site, connecting to Easthampton sewerage system, with the capacity to serve the Goldfarb property, with an irrevocable offer for an easement to use such line provided
to Goldfarb for consideration of One Dollar ($1.00), provided that in any event Goldfarb shall be obligated to pay one-half of the cost of design, development, installation, maintenance,
repair and replacement of such a sanitary sewer line. Said easement shall be in form and content reasonably acceptable to Raymond and to Northampton
Prior to requesting a certificate of occupancy for or occupying any building on the Raymond Property, Raymond agrees to develop a connection to the city water line in Easthampton Road
prior to any occupancy of their site, with the capacity to serve the Goldfarb site and an easement or irrevocable offer of an easement for One Dollar ($1.00) to maximize the interconnectivity
of water lines in Northampton, provided that in any event Goldfarb shall be obligated to pay one-half of the cost of design, development, installation, maintenance, repair and replacement
of such a sanitary sewer line. Said easement shall be in form and content reasonably acceptable to Raymond and to Northampton.
The three preceding paragraphs shall be enforceable for the longest period of time permissible under the laws of the Commonwealth of Massachusetts. The parties acknowledge and agree
that they are not unlimited in time and Raymond shall not assert that the option requirements are invalid on that basis.
Raymond agrees to limit the use of their property to research and development, light industrial, back office, and office use excluding medical offices and retail banking as well as accessory
uses to such primary uses.
Raymond agrees that any use of their site shall be located at least 200 feet from any stream and 100 feet from any wetlands as established by a survey conducted by a mutually acceptable
surveyor and wetlands delineation by a mutually agreeable wetlands consultant.
This agreement shall have no effect on Raymond’s responsibility to obtain Site Plan Approval and any other necessary local, state, and/or federal permits and nothing herein shall be
construed as suggesting in any way that any such permits shall be issued.
Notwithstanding anything to the contrary in this Agreement, the above-described limitations shall be null and void if the city does not rezone the property to Office Industrial or General
Industrial within the next twelve (12) months. In that event, the parties hereto agree, in response to a request from either party, to act in good faith 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. Such notice shall be
executed by the City concurrent with the City’s execution of this Agreement and the City shall hold in escrow, to be released if the site is not rezoned within twelve months.
Raymond represents and covenants that there are no mortgages or other liens or encumbrances on the property and any new mortgages or other liens and encumbrances will be recorded after
this Development Agreement and will be junior and subordinate to this Development Agreement.
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.
This Development Agreement is the entire agreement among the parties with the respect to the subject matter hereto and supersedes all prior contemporaneous oral and written agreements
and discussions.
This Development Agreement is binding upon and shall inure to the benefit of and shall be enforceable by the parties hereto, their representatives, officers, directors, divisions subsidiaries,
affiliates, 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 shall be deemed an original, and, when taken together
with the signed counterparts, shall constitute one agreement, which shall be binding upon and effective as to all parties.
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EXECUTED AS A SEALED INSTRUMENT THIS _____ DAY OF December, 2012
For the City of Northampton:
______________________________
David J. Narkewicz, its Mayor
For Raymond:
______________________________
Robert D. Raymond
______________________________
Donna F. Weinstein
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this ____ day of December, 2012, before me, the undersigned notary public, personally appeared Mayor David J. Narkewicz, proved to me through satisfactory evidence of identification,
which was personal knowledge, to be the persons whose name is signed on the preceding documents in my presence and acknowledged to me that he signed it voluntarily for its stated purpose
in his capacity as Mayor of the City of Northampton.
______________________________
Notary Public:
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this ___ day of December, 2012, before me, the undersigned notary public, personally appeared Robert D. Raymond, proved to me through satisfactory evidence of identification, which
was , to be the persons whose names are signed on the preceding documents in my presence and acknowledged to me that he signed it voluntarily for
its stated purpose.
______________________________
Notary Public:
My Commission Expires:
STATE OF NEW JERSEY
County of ______________
On this ___ day of December, 2012, before me, the undersigned notary public, personally appeared Donna F. Weinstein, proved to me through satisfactory evidence of identification, which
was , to be the persons whose names are signed on the preceding documents in my presence and acknowledged to me that she signed it voluntarily for
its stated purpose.
______________________________
Notary Public:
My Commission Expires:
Raymond Easthampton Road/Route 10 Development Agreement—Page 4 of 6