HomeMy WebLinkAboutMiscellaneous - Exception (619)I
3. The Defendants agree that if said re -zoning is successful they shall "fast track"
approval of the new site plan to provide a decision not later than two months after the first
session of the public hearing of plaintiff's site plan application follo ng t `e -passage of the re-
zoning warrant article and the receipt of all materials the Defendants deem necessary for a
oomplete application. Defendants shall provide Plaintiffs with a list of said material and agree
that they shall notify Plaintiffs within 7 days of submission of all said materials, in writing, what
materials, if any, have not been received. If Defendants fail to provide said written notice it shall
be deemed that Plaintiffs have submitted all material necessary for site plan approval.
4. The Plaintiffs agree, uponapproval of the said re -zoning, site plan approval and
issuance of a building permit, to transfer title to the "back land" as shown on said Exhibit A to
the Trustees of Reservation to be kept as open space, or, alternatively, to the Town of North
Andover.
5. If the said re -zoning is not approved at Town Meeting the Defendants agreed that
the project as currently submitted by the Plaintiffs for site plan approval on or about November
5, 1996 and as shown on, "Proposed Site Development, map 46 - Lots 35 and 46, Chickering
Road, Route 125, North Andover, MA, prepared for Scott Construction Company, dated 10/7/96,
as amended" will be approved and a site plan special permit forthwith granted.
6. Plaintiffs agree that should their adjoining property ever be developed pursuant to
paragraph 5, they will, to the extent allowed by law, provide one curb cut for both the retail
development and any development of the adjoining parcel. Plaintiffs further agree that they will
execute a covenant affecting all relevant property binding future owners to provide only one curb
cut in the event the adjoining property ever be developed.
7. Plaintiffs, for and in consideration of the release by Defendants set forth in this
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged by Plaintiffs, does hereby forever RELEASE, DISCHARGE AND
COVENANT NOT TO SUE Defendants and all its predecessors, successors, assigns, officers,
managers, employees, agents, attorneys, representatives, and affiliates from any and all claims,
counterclaims, demands, damages, debts, agreements, covenants, suits, dies, suits and sums of
money, accounts reckonings, bonds, specialties, controversies, doings, omissions, variances,
contracts, agreements, obligations, accounts, offsets, rights, extent, executions, liabilities, actions
and causes of action, and any and all other claims of every kind, nature and description
whatsoever, both in LAW and in EQUITY, whether presently possessed or possessed int he
future, whether known or unknown, whether liability be direct or indirect, whether presently
accrued or to accrue hereafter, whether absolute or contingent, foreseen or unforeseen, and
whether or not heretofore asserted, for or because of or as a result of any act, omission,
communication, transaction, occurrence, representation, promise, damage, breach of contract,
fraud, violation of any statute or law, commission of any tort, or any other matter whatsoever or
thing done, omitted or suffered to be done by the Defendants or its respective successors or
2