Matters ▸ Attachment
Easement SHS — File 210658
EASEMENT
Recording Requested by:
And when recorded mail to:
James Dumas, COO
Solect Energy Development, LLC
89 Hayden Rowe
Hopkinton, MA 01748
EASEMENT
This EASEMENT (the “Easement”) is made and entered into as of _______________, 2020 by City of
Somerville, a public municipality, having an office at 93 Highland Avenue, Somerville, MA 02143 (“Grantor”)
and Solect Energy Development, LLC, a Massachusetts limited liability company with offices at 89 Hayden Rowe
Street, Hopkinton, MA 01748 (“Grantee”).
W I T N E S S E T H:
1.
Grantor is the owner of that certain parcel of land described in a deed recorded in the
_____________ County Registry of Deeds in Book ______, Page _____ or Registry District of the
Land Court in Certificate of Title ______________ (the "Property").
2.
Pursuant to that certain Power Purchase Agreement dated as of __________________________
between Grantor and Grantee, (the “PPA”), Grantor hereby grants to Grantee an easement (the “Easement”) to access
and/or use a certain portion of the Property (said portion being the "Premises " as more particularly described on
Attachment 1 attached hereto to construct, install, own, operate, maintain and, where applicable, remove, a solar
photovoltaic system (the “System”) located on the Premises. Terms used herein which are defined in the PPA shall
have meanings provided in the PPA.
3.
The Easement includes all attendant privileges, uses, rights and interests and is subject to the
conditions, restrictions and limitations set forth in the PPA.
4.
The term of the Easement expires (20) years and ninety (90) days after the System to be constructed
achieves Commercial Operation, as defined in the PPA, which term shall be automatically extended by a term equal
to any PPA extension; provided, however, in the event of an earlier termination of the PPA, the term of the Easement
shall expire on the date that is ninety (90) days after the termination of the PPA. An affidavit signed by either Grantor
or Grantee, or either of their respective successors and/or assigns, attesting to the expiration of the PPA shall be
sufficient evidence of the termination of this Easement, but shall not relieve such person of any liability for wrongful
filing of such affidavit.
5.
The respective rights, remedies and obligations of Grantor and Grantee, with respect to this
Easement shall be fixed, determined and governed solely by the terms of the PPA. The Parties hereto have executed
and delivered this Easement for the purpose of giving notice of the Easement to third parties. For a statement of the
rights, privileges, remedies and obligations created under and by the PPA and of the terms, covenants and conditions
therein, reference should be made to the PPA.
6.
The terms, covenants and provisions of the PPA, which terms, covenants and provisions are
incorporated herein by reference, shall extend to and be binding upon the respective legal representatives, successors
and assigns of Grantor and Grantee.
IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the date first written above.
GRANTOR: City of Somerville
By: _____________________________________________________
Name: __________________________________________________
Title: ____________________________________________________
Notarizations to Easement
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ___________________________
On this _______ day of _____________, 2020, before me, the undersigned notary public, personally
appeared __________________ proved to me through satisfactory evidence of identification, which was
________________________________, to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its stated purpose, as an individual.
______________________________________ (official signature and seal of notary)
My commission expires: _________________
GRANTEE: Solect Energy Development, LLC
By:
Name: __________________________________________________
Title:____________________________________________________
Notarizations to Easement
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ___________________________
On this _______ day of _____________, 2020, before me, the undersigned notary public, personally
appeared __________________ proved to me through satisfactory evidence of identification, which was
________________________________, to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its stated purpose, as an individual.
______________________________________ (official signature and seal of notary)
My commission expires: _______________
Attachment 1
DESCRIPTION OF SITE AND PREMISES
Somerville High School
81 Highland Avenue Somerville, Massachusetts 02143
The land and improvements thereon known as and numbered Somerville High School, 81
Highland Avenue, Somerville, MA 02143 and more particularly described as the lot of land
identified as “City of Somerville, Total Area = 568,209+/- SF, Remainder = 568,209+/- SF” on
the plan of land titled “Land Acquisition Plan, Somerville, MA, Middlesex County” by Bryant
Associates dated August 20, 2019 for the Massachusetts Bay Transportation Authority recorded
with the Middlesex South Registry of Deeds as Plan 56 of 2020 (the “Plan”).
Note 2 of the Plan states “There is no deed reference available for the locus which is also known
as Central Hill Area.”
The Premises and the Access Areas shall mean the Site. Locations where solar equipment will
be installed and accessed including the roofs, exterior and interior walls, through to the main
electric room, and exterior areas of the Site depicted in Site Plan below. The Project will be
combined and connected to Host’s existing main electric equipment, interconnected to the utility
network behind the existing utility meter.