Roundhouse_Pavement-to-Parks-License-11-2-2017LICENSE AGREEMENT
THIS AGREEMENT entered into this _____ day of December, 2017, by and between THE CITY OF NORTHAMPTON, a municipal corporation organized under the laws of the Commonwealth of Massachusetts
with a principal place of business at 210 Main Street, Northampton, Massachusetts (“City”) and ROBERT G. CURRAN, JR. (“Curran”) of 248 Washington Ave 4, Miami Beach, Florida and ROUNDHOUSE
DEVELOPMENT, LLC (“RD”), of 244 Main Street, Northampton, Massachusetts.WHEREAS, the City is the owner of an unimproved parcel of land off Main Street and the former Water Street by
deeds recorded in the Hampshire Registry of Deeds in Book 1851, Page 257; Book 2291, Page 317; Book 2317, Page 339; Book 2317, Page 341;Book 2708, Page 28; Plan Book 236, Page 88 (“the
City Parcel”); andWHEREAS, RD is the owner of the property at 244 Main Street, Northampton, Massachusetts, by deed dated February 15, 2011 and recorded in the Hampshire Registry of Deeds
in Book 10482, Page 55, which is known as the Roundhouse Building (“the Roundhouse”); and WHEREAS, the City Parcel and the Roundhouse are contiguous to each other; andWHEREAS, the Roundhouse
is leased to and occupied by one or more business entities whose employees would benefit from a nearby parklet; and WHEREAS,the City of Northampton Open Space, Recreation & Multi-Use
Trail Plan (2011-2018) recommends a Pavement-to-Parks program, preserving small previously urbanized or paved areas as tiny parks or parklets; andWHEREAS, Curran has offered to develop
a new parklet to the rear of the Roundhouse on the City Parcel; andWHEREAS, the City is willing to allow Curran to develop a parklet on the City Parcel pursuant to the terms and conditions
set forth herein. NOW, THEREFORE,Curran and the City agree as follows: The City grants this License to Curran and RD to develop a parklet on the City Parcel as more particularly shown
on Exhibit A, attached hereto.Prior to the commencement of any work to develop the parklet, Curran shall present to the City the plans for development of the parklet. The City shall,
within 60 days thereafter, approve the plans or inform Curran, in writing, the reasons that the plans cannot be approved in their then current form. Nothing herein shall bind or obligate
Curran and/or RD to develop the parklet in the event the City proposes modifications or changes to the plans that are not acceptable to Currand and/or RD. Upon completion, the parklet
shall be open to the public without condition or restriction. Upon completion, all parties hereto shall have the right, but not the responsibility, to maintain, repair, and replace the
improvements made by Curran and RD to the City Parcel. Upon completion, the improvements to the City Parcel shall immediately become the property of the City without encumbrance and
free from any or all claims (but subject to the existing Easement for footbridge and deck as set forth in the instrument recorded in the Hampshire Registry in Book 10043, Page 138 (the
“Easement”))or right to payment or setoff by Curran or any third party. This License may be terminated by the City in its sole and absolute discretion, which discretion shall be exercised
reasonably. The parties acknowledge that this is an agreement for a license to develop the City Parcel into a parklet as set forth herein, and no interest in the real estate has been
conveyed hereby. Nothing herein shall be deemed to derogate from the primacy of the rights of the City in and to the City Parcel, or to detract from or interfere with any existing rights
and responsibilities of the City, Curran, and PD under the Easement or the 2007 Settlement agreement dated December 7, 2007 between the City and Curran.This Agreement shall be binding
on the parties, their heirs, successors or assigns.This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, the parties have executed this License Agreement under seal in duplicate originals as of the day and year first written above.CITY OF NORTHAPTON
_______________________ By:__________________________________
WitnessDavid J. Narkewicz, MayorCity of Northampton_______________________________ ________________________________Witness ROBERT G. CURRAN, JR.ROUND HOUSE
DEVELOPMENT, LLC._______________________________ By:________________________________Witness Robert G. Curran, Jr.Duly Authorized