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Raymond Development Agreement WF-AS-R1-8-18 Affected property: Easthampton Road, Northampton DEVELOPMENT AGREEMENT WITNESS this Development Agreement (“Development Agreement”) dated as of the ____day of January, 2018 made by and between 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(“Raymond”). RECITALS WHEREAS, Raymond owns certain real estate located on Easthampton Road (Route 10), Northampton, Massachusetts, being the property more particularly described in deeds dated October 17, 2008, recorded in the Hampshire County Registry of Deeds in Book 9622, Page 206, and May 24, 2013, recorded at said Registry at Book 11324, Page 217 and 219, subject to a mortgage recorded at Book 11324, Page 223 (“the Weinstein mortgage”) and shown on the Northampton Assessors Maps as Map ID 44-031-001 (“Raymond Property”). WHEREAS, the Raymond Property is subject to a Development Agreement (“2013 Agreement”) with the City of Northampton, recorded at said Registry at Book 11173, Page 113 (1/2/2013), which limits Raymond’s use of the property to research and development, light industrial uses and back offices (but not medical or high traffic professional offices); WHEREAS, Raymond wants to add the ability to develop storage, self-storage, and related offices, to the allowed use for the property and ; and WHEREAS, rezoning the Raymond property from its current General Industrial district (GI) to an Office Industrial district (OI) and adding self-storage to the allowed uses in OI will make the property more developable; 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, minimizing traffic conflicts, 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 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 Sustainability, a copy of the recorded Development Agreement. This Development Agreement supercedes the 2013 Agreement, which the parties hereto agree is and shall be null and void. Raymond agrees to fund an escrow account under the care, custody, and control of the City of Northampton sufficient to fund ten years of property taxes on a property Raymond owns off of North Street and Grant Street in the City of Northampton. Such escrow shall be refunded if said property is transferred to the owners of one of the abutting lots and merged with the receiving lot. 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 to the City of Northampton, along and across said shared driveway, and extending from Route 10/Easthampton Road,along the shared driveway and thence leaving the shared driveway to the land on the northerly side of the Raymond Property now or formerly owned by Goldfarb and his heirs, successors and assigns (“Goldfarb”) such that the driveway can be built with 1) an entry sufficient to accommodate tractor-trailor trucks, 2) a20 foot wide driveway width and no retaining walls or structured slope stabilization and a grade of no more than 8%, with the City of Northampton, or its successors and assigns, solely responsible for the costs of extending a private driveway from 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. Raymond shall be soley responsible for the construction, maintenance, repairs, and plowing of the common driveway.  Said easement shall be in form and content reasonably acceptable 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 easement to the City of Northampton to use such line and to extend such line to the Goldfarbproperty for consideration of One Dollar ($1.00), with no cost share responsibility for the design, development, installation, maintenance, repair and replacement of the shared sections of such a sanitary sewer line. Said easement shall be in form and content reasonablyacceptable 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 to the City of Northampton to use such line and to extend such line to the Goldfarb property for One Dollar ($1.00) to maximize the interconnectivity of water lines in Northampton,with no cost share responsibility design, development, installation, maintenance, repair and replacement of the shared sections of such a water line.Said easement shall be in form and content reasonably acceptable 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 Development Agreement requirements are invalid on that basis. Raymond agrees to limit the use of their property to storage and self-storage, tradesman, 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 wetlandsas established by a survey conducted by a mutually acceptable surveyor and wetlands delineation by a mutually agreeable wetlands consultant, provided however that such restriction shall not apply to the small wetland adjacent to Route 10 that much be traversed to reach the site. 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 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 except for the Weinstein mortage, which was recorded after the 2013 Agreement, there are no mortgages or otherliens or encumbrances on the property. The parties agree that the Weinstein mortgage shall be subordinated to this Development Agreement by an instrument in a form acceptable to the City and appropriate for recording in the Hampshire Registry of Deeds. 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. The rest of this page is intentionally left blank EXECUTED AS A SEALED INSTRUMENT THIS _____ DAY OF January, 2018 For the City of Northampton: ______________________________ David J. Narkewicz, its Mayor For Raymond: ______________________________ Robert D. Raymond COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. On this ____ day of January, 2018, 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: Wayne M. Feiden My Commission Expires: October 26, 2023 COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. On this ___ day of January, 2018, 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: