49-012 Stormwater OM not 10-22-19STORMWATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA Department of Public Works (413) 587-1570
THIS AGREEMENT, made and entered into this 22nd day of October, 2019, by and among SYNCARPHA
NORTHAMPTON, LLC hereinafter called the "Permitted Project Company", Shasta Terra, LLC hereinafter called
the Land Owner, and the CITY OF NORTHAMPTON, hereinafter called the "City".
WHEREAS, the Land Owner is the owner in fee simple of certain real property at O Glendale Road, in the City of
Northampton, County ofHampshire, and Commonwealth of Massachusetts acquired by Deed dated February 23, 2019
from JKB Farms, Inc., a Massachusetts corporations, Kenneth C. Burt, and John H. Bmt, as grantors and recorded in
the land records of Hampshire County, Massachusetts in Book 13185, Page 346, as more particularly described as
Parcel D as shown on an Approval Not Required Plan of Land entitled "Plan of Land in Northampton, MA" dated
August 8, 2018 and recorded in the land records of Hampshire County, Massachusetts in Plan Book 242, Page 122,
and in that certain Memorandum of Lease dated January 23, 2019 recorded in the land records of Hampshire
County, Massachusetts in, Book 13185, Page 352, hereinafter called the "Property"; and
WHEREAS, the Permitted Project Company is lessee of the Property under Lease Agreement dated January 11, 2019,
as amended, by and between the Permitted Project Company, as lessee, and the Land Owner, as lessor, hereinafter
called the Lease;
WHEREAS, the Permitted Project Company is proceeding to build on and develop the property; and
WHEREAS, the Stormwater Management Plan dated September 27, 2018 and the Special Permit dated October 1,
2018 and recorded in the land records of Hampshire County, Massachusetts in Book 13139, Page 41 (collectively,
hereinafter called the "Plan"), which is expressly made a part hereof, as approved or to be approved by the City, which
provides for the conveyance, treatment, and/or detention of stormwater within the confines of the Property; and
WHEREAS, the City, the Permitted Project Company, and the Land Owner, and their respective successors and
assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of the City
of Northampton, Massachusetts, require that on-site stormwater management facilities be constructed and maintained "' on the Property; and
WHEREAS, the City requires that on-site stormwater management facilities as shown on the Plan be constructed and
adequately maintained by the (i) Permitted Project Company, its successors and assigns, including any homeowners
association and (ii) Landowner following termination or expiration of the term of years under the Lease, whichever
occurs first.
NOW, THEREFORE, in consideration of the foregoing premises, in accordance with the Northampton Stormwater
Management Ordinance (Chapter 281 of the City's Code of Ordinance), the mutual covenants contained herein, and
the following terms and conditions, the parties hereto agree as follows:
1. The on-site stormwater management facilities shall be constructed by the Permitted Project
Company, its successors and assigns, in accordance with the plans and specifications identified in