17D-081 Forbearance Agreement recorded 4_2_2014 Garfield AveBit: 11613 Pg: 248
I I III I 2014 IIII III IIII II III II I VIII II
Bk: 11613P9: 248 Page: lot 2
Affected Premises: Reowded: 04M2014 12:54 PM
Lot IA in Plan Book 229, Page 23
One Garfield Avenue
Northampton, Massachusetts
FOREBEARANCE AGREEMENT
The parties to this Agreement are the following: PIONEER VALLEY HABITAT FOR
HUMANITY, INC., a Massachusetts Non - profit corporation with an address at P.O. Box 60642,
Florence, MA 01062 ( "PVHH'% and the CITY OF NORTHAMPTON, a municipal
corporation with a principal place of business at 210 Main Street, Northampton, MA 01060
("City„).
WHEREAS, PVHH and the City are parties to an "Agreement Regarding Garfield Avenue
Extension,' dated January 4, 2010 and recorded in the Hampshire County Registry of Deeds in
Book 10068, Page 34 ("Extension Agreement ");
WHEREAS, PVHH and the City are parties to a "Declaration of Restrictions, Easements and
Covenants" dated June 29, 2010 and recorded in the Hampshire County Registry of Deeds in
Book 10222, Page 285 ( "Declaration ");
WHEREAS, the Extension Agreement provides that PVHH shall construct a roadway in
compliance with municipal requirements on or before December 31, 2010 on land designated
"Parcel G" on a plan of land recorded in said Registry in Plan Book 222, Page 10, said roadway
to be accepted as a Northampton public way (the "Roadway ");
WHEREAS, that the Declaration provides for the assessment of maintenance fees for the
Roadway against the owners of Lots 1, 2, 3, 4, 5 and 6 on the aforementioned plan;
WHEREAS, the City is the current owner of certain real property shown as "Lot 1" on the
aforementioned plan;
WHEREAS, both the Declaration and Extension Agreement provide that the cost of roadway
maintenance shall not be assessed to Lot 1 until the City conveys Lot 1 to a third -party
purchaser.
WHEREAS, the City is under contract to sell a portion of said Lot 1, said portion being Lot IA
on a plan of land recorded in said Registry in Plan Book 229, Page 23 ("Lot lA" ), to a third -
party purchaser;
WHEREAS, the Roadway has not been completed and accepted as a Northampton public way;
and
Bk: 11613 Pg: 249
WHEREAS, the Roadway is Lot 1A's exclusive means of access to Garfield Avenue, a
Northampton public way.
NOW THEREFORE, in consideration of One and 00 /100 Dollar ($1.00), the parties
acknowledge and agree that:
1. PV HH shall not assess any roadway maintenance costs to any third -party purchaser of
Lot IA until such time that PVHH completes the Roadway and the Roadway is accepted
by the City as a public way; provided, however, that such third -party purchaser shall be
responsible for the maintenance /repair costs to the Roadway necessitated by the
negligent, reckless, or intentional conduct of the third -party purchaser or his or her
invitees or agents.
2. Upon acceptance of the Roadway by the City, roadway maintenance costs, if any, shall
be home by the third -party purchaser of Lot 1 A or his/her /their successor in interest
pursuant to the terms set forth in the Declaration. .fir
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this Z r1 day
of March, 2014.
Pioneer Valley Habitat for Humanity, Inc. City of Northampton
r
By: Michael J. Simolo, Its President By: David J. Narkewicz, Mayor
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this Z07s day of March, 2014, before me the undersigned notary public, personally
appeared Michael J. Simolo, President of the Pioneer Valley Habitat for Humanity, Inc., and
proved to me through satisfactory evidence of identification, which was [ ] Driver's License
Personal knowledge of the signatory's identity [ ] Other: , to be e
person whose name is signed on the preceding document, a kno ged to me that he
signed it voluntarily for its stated purpose.
N¢tary PAM
My CommissionExpi s:
JZN NICHOLAS P. LATA
Notary PMGIIC
a L}A II COMMOHWfAnXOfMMGCXWnn
My commission EtP a
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Bk: 11613 Pg: 249A
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
,/A
On this � day of March, 2014, before me the undersigned notary public, personally
appeared David J. Narkiewicz, Mayor of the City of Northampton, and proved to me through
satisfactory evidence of identification, which was Personal knowledge of the signatory's identity,
to be the person whose name is signed on the preceding document, and acknowledged to me that
he signed it voluntarily for its stated purpose.
Uy �
Notary Public: Wayne M. Feiden
My Commission Expires: October 14, 2016
AYNE M. FEIDEN
PUBLIC
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