Bean Farm Purchase and Sale as signed• .7& - 0
PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement is made by and between Lawrence H. Bean,
Susan A. Libby, Cordis L. Bean, Marilyn B. Everett and Ruby Lois Bean, having an
address of c/o Attorney Robert Spencer, Seewald, Jankowski & Spencer, PC, Five East
Pleasant Street, Amherst, Massachusetts 01002 ( "Seller" and /or "family ") and the City
of Northampton, ATTN: Wayne Feiden,
Office of Planning and Development, 210
Main Street, Room 11, Northampton, MA
01060, a Massachusetts municipal
corporation or its assigns ( "Buyer" and /or
"City ").
(1) DESCRIPTION:
The Seller hereby agrees to sell and the
Buyer to purchase certain property located
at: Spring Street, in the Florence section of
Northampton, Hampshire County,
Massachusetts. Said land is the entirety of
Assessors Map 16C, Parcel 25, being the
land described Parcel 1 in a Deed recorded at
the Hampshire County Registry of Deeds in
Book 2058, Page 225, and also described in
Book 2076, Page 256 except:
1. The farmhouse (hereinafter "farmhouse
parcel ") with one± acre shown on the
included plan (the westerly property'
boundary beginning at a point in the
middle of the current driveway by Spring
Street, thence running northerly back to a
point on the easterly side of the driveway
directly opposite the main barn, then
back to the fence line at the edge of the
farm road for an approximate distance of
300 feet (with whatever acreage this
turns out to be); and
2. The two acre, more or less, parcel
(hereinafter the "retained parcel ") shown
on the included plan on the westerly side
of Lawrence Bean's house.
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(2) BUILDINGS:
The existing barn on the southerly side of the
property is included. All other buildings
may remain or be removed at the sellers
option. Existing contents in the buildings on the date of this Purchase and Sale
Agreement may remain, however all contents containing oil or hazardous materials - shall
be removed prior to closing.
(3) TITLE:
The parties agree that time is of the essence and closing shall be July 1, 2010, with the
city aiming to close in March 2010 if all necessary approvals have been obtained and all
contingencies fulfilled. Buyer may assign its right to purchase all or a portion of the land
on giving 30 days written notice of such assignment to Seller, - provided it arranges for
simultaneous closing on the land and all terms of this agreement remain the same as
provided herein.
The land shall be conveyed by a good and sufficient Quitclaim Deed of the Seller,
conveying a good, record, and marketable title to the same free from all encumbrances.
On the additional terns contained herein, except:
(a) Provisions of existing building and local zoning laws, if any;
(b) Such taxes for the current year as are not due and payable on the date of the
delivery of such deed, any liens for municipal betterments assessed after the date
of this agreement; and
(4) CONSIDERATION AND TERMS:
For such deed and conveyance the Buyer is to pay the sum of (U.S.) $910,000.00 of
which a deposit of $20,000 is to be paid within 30 days of the signing of this agreement
and held in escrow by the Seller's attorney, with the balance is to be paid in cash,
attorney's trustee check, certified check, City of Northampton check, or bank check upon
delivery of said deed.
The parties acknowledge that although the purchase price was negotiated on a willing
buyer /willing seller negotiation and the City never raised or suggested any eminent
domain action if an agreement could not be reached, other than the "friendly" eminent
domain to clear title, if necessary. The Seller agrees that they are voluntarily donating
the difference, if any, between the appraised value of the property and the agreed upon
purchase price. The Buyer agrees that this donation is for a public purpose.
Except as is stated herein, Buyer shall not assume any of the Seller's tax liabilities, except
that the any Chapter 61A rollback taxes on any portion of the property, including the
retained parcel and Parcel 16D -34 shall be paid by the City at closing, or if already paid
by Seller on the building lots that the Seller is retaining for future sale on the retained
parcel and Map ID 16D -34, the City shall reimburse this amount at closing.
If Seller cannot convey the land free of encumbrances as provided for herein, Buyer may
still elect to purchase the land. Buyer reserves the right to acquire the land by eminent
domain to clear title in accordance with the terms of this Agreement. Seller shall agree to
waive any rights to contest the taking or the award, provided the price paid is not less
than the purchase price contained herein, and the land is taken prior to the expiration of
2
this Agreement, or any extensions which may be agreed upon; and all terms of this those
agreements remain the same as provided therein.
The Buyer shall incorporate the Bean family name as part of the name of the fields or
property.
The Buyer shall provide the Bean family with a copy of an appraisal if and when
received.
The City reserves the right to develop no more than four lots on the purchased land
subject to the following:
1. The lots will be confined to the wooded area of the lot located westerly of the fields.
2. The lots will be limited to single family residential homes (using Northampton's
zoning for definitional purposes).
3. The lots will not be sold for affordable housing (as defined by Northampton's zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
4. With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
5. With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City's decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain and record said APR within that time period, then the covenants
shall be recorded and shall run with the land so conveyed for the maximum period
allowed by law.
(5) FINANCING and OTHER CONTINGENCY:
The Buyer's obligations under this agreement are contingent upon the Buyer obtaining:
1. Community Preservation Funding for this purchase prior to closing;
2. All permits called for in this Agreement; and
3. Satisfactory 21E site assessment.
The Land as described above specifically excludes the six lots the Bean family is
retaining, which include three building lots on parcel 16D -34, the existing farmhouse
parcel, and two building lots on the retained parcel. In this regard, the family's obligation
to sell and the City's obligation to buy shall be contingent upon the following:
1. The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration, permit application or final approval shall be subject to the approval
of the family, which shall not be unreasonably withheld and which shall be provided
fl
within 96 hours after receipt of a final approval, proposed lot configuration or •
conservation permit application.
2. Upon signing this agreement, the City proceeding immediately with the permitting of
the farmhouse parcel. The family shall be responsible for the surveying cost, but the
City shall be responsible for obtaining the Planning Board pennits. The lot lines of
the farmhouse parcel shall be subject to mutual agreement between the City and
family but shall more or less conform to Section 1 (1) of this Agreement. The City
understands that the family is under agreement to sell the farmhouse parcel on or
before March 30, 2010, and agrees to proceed diligently to meet that deadline. Upon
obtaining a satisfactory 21E report, the City shall immediately proceed with the
Planning Board and Wetlands permits on Parcel 16D -34 (3 lots) and the retained
parcel (2 lots).
3. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall be responsible for
the surveying costs of the farmhouse parcel
The Agreement for the City to purchase is contingent on the city releasing its Chapter
61A rights of first refusals on all of Lot 16C -025 and 16D -034 (but not 16C -018) retained
by Beans.
(6) CITY COUNCIL APPROVAL
The family's obligation to sell and the City's obligation to buy shall be mutually
contingent upon the City obtaining final city council approval of this agreement on or
before February 5, 2010, with time being of the essence as to this date. Should the City
fail to approve this agreement in its entirety without modification on or before that date,
the obligations of the parties herein shall terminate and the parties shall have no further
recourse against each other whatsoever. This provision shall not affect the City's
obligation in Section 5 to pursue the permits in a diligent manner pending receipt of the
vote.
(7) PERFORMANCE:
The 'deed is to be delivered and the consideration paid, at the Registry of Deeds in which
the deed should by law be recorded on the date specified in paragraph 3 at 10 A.M.
unless some other place and time should be mutually agreed upon.
To enable the Seller to make conveyance as herein provided, the Seller may, if the Seller
so desires, at the time of the delivery of the deed, use the purchase money or portion
thereof to clear the title of any or all encumbrances or interests; all instruments so
procured to be recorded simultaneously with the delivery of said deed.
In the event this agreement is not completed by the Buyer, in accordance with the terns
therein contained, the considerations paid by the Buyer to the Seller and shall be
liquidated damages to the Seller. Such forfeiture, together with any other benefits
accruing to Seller shall preclude the imposition of liability at law or in equity against
either party and no further obligation hereunder; and this agreement shall expire without
the necessity of any further action or recording by either party.
The Seller agrees not to cut timber on the property or remove any minerals during the
term of this Agreement without the prior written approval of the Buyer. Purchase price
shall be reduced by twice the sum received by Seller for any timber or minerals removed
from the Land.
(8) SELLER'S FAILURE TO GIVE TITLE:
If Seller shall be unable to give title or to make conveyance as above stipulated, any
payments made under this agreement shall be refunded, and all other obligations of either
party hereunto shall cease, but the acceptance of a deed and possession by Buyer shall be
deemed to be a full performance and discharge hereof.
(9) STANDARDS:
Any title matter which is the subject of a title standard of the Real Estate Bar Association
for Massachusetts (REBA) at the time for delivery of the deed shall be covered by said
title standard to the extent applicable. Any matter or practice arising under or relating to
this agreement which is the subject of a practice standard of REBA shall be governed by
such standard to the extent possible.
(10) POSSESSION:
Full possession of the premises, free of all tenants, except as set forth below, is to be
delivered to the Buyer at the time of the delivery of the deed, the said premises to be then, •
in the same condition in which they are now.
The family shall have the right to proceed with the leasing of the property for agricultural
purposes unless the family is notified in writing on or before February 5, 2010, that the
City shall proceed to closing on the purchase or before March 31, 2010. If the family
rents said property, then the family shall have the right to retain all income from said
rental with no apportionment to the City regardless of the closing date. The rental shall
be for period of time not to exceed November 15, 2010. The City shall have the right to
designate up to 6 acres which shall not be subject to any lease agreement. This
designation shall occur on or before February 5, 2010, or this condition shall be deemed
waived.
(11) INSURANCE:
The subject property is offered as unimproved land.
(12) ADJUSTMENTS:
Taxes shall be apportioned as of the day of delivery of the deed, and if the taxes are not
known at the time of delivery of the deed, they shall be apportioned on the basis of the
taxes assessed for the preceding year with a reapportionment as soon as the new tax rate
and valuation can be ascertained, which latter provision shall survive the delivery of the
deed.
(13) REPRESENTATIONS:
This property is sold "AS IS" and as shown, and no representations have been made by
the Seller, or the broker, with regard to its condition except those contained in this
document. Buyer warrants that this document contains all Seller's or broker's, if any,
representations upon which the Buyer relies.
Seller represents and warrants that to the best of its knowledge and belief, there are no
underground storage tanks, other than a gas tank abandoned approximately 50 years ago
adjacent to the southeast corner of the barn closest to the road or above ground storage
tanks on the land other than a home heating oil tank on the northerly side of the barn
closest to the road, nor of any release or threat of release ()foil or hazardous materials on
the Land, as these teens are defined by M.G.L. c.21E. The Seller has disclosed the
presence of a "farm dump" on the northerly side of the property between two fields,
which the buyer is investigating. The Seller has also disclosed that a portion of the
property was used as an orchard and pesticides and /or herbicides may have been used on
said orchard. The parties acknowledge that the Buyer has contracted for a 21E Phase I
Environmental Site Assessment. Should Buyer be unsatisfied with the results of said
assessment, Seller shall be under no obligation to remediate or remove any hazardous
materials or substances as a condition of this Agreement. Buyer's sole remedy against
Seller for the presence of any hazardous materials or substances shall be the cancellation
of this Agreement and a return of its deposit.
Until the date of closing, the Buyer and the Buyer's authorized agents shall have the right
upon 24 hour notice to Seller to enter upon the Land and on any portion of Lot 16C -025
and 16D -034 for any and all purposes consistent with surveying, inspection, testing,
measurement, permit applications, or other considerations of Buyer relating to the use of
the Land, including such limited cutting of trees and brush as are needed to allow
measurements. Seller hereby grants the Buyer permission to apply for any necessary
permits and approvals necessary for the Buyer's reuse of the property or for the permits
which the Buyer has agreed to apply for on behalf of the Seller.
(14) DEPOSIT MONIES:
All sums paid prior to the date of closing will be held in an escrow account under the
name of the Buyer, held by the Seller's Attorney, Attorney Robert Spencer, Seewald,
Jankowski & Spencer, PC, Five East Pleasant Street, Amherst, Massachusetts 01002
pending closing or the agreement of the parties, or the order of a court.
(15) BROKER'S COMMISSION:
The Seller represents that it caused no real estate commission to be owed by the Buyer.
(16) NOTICES,
All notices required or permitted to be given under this Agreement shall be in writing and
delivered by hand, by certified mail, postage prepaid, return receipt requested, by express
courier service, or by facsimile transmission as follows:
in the case of the SELLER to:
Robert J. Spencer, Esq.
Seewald, Jankowski & Spencer, PC
5 East Pleasant Street
Amherst, MA 01002 -1501
Phone 413 -549 -0041
Fax 413 -549 -3818
and in the case of the BUYER to:
Wayne Feiden, Office of Planning and Development,
210 Main Street, Room 11
Northampton, MA 01060
Phone 413 -587 -1265
Fax 413 -587 -1264
(17) ENTIRE AGREEMENT:
This agreement contains each and every agreement and understanding existing between
the parties relating to the subject matter hereof and supersedes all previous negotiations,
representations, commitments and writings. Any changes, modifications or additions to
this Agreement shall be in writing and signed by Seller and Buyer. Except as specifically
set forth herein, each party shall bear all its own costs of this transaction, including
without limitation legal fees.
(18) GOVERNING LAW:
This Agreement shall be construed under the laws of the Commonwealth of
Massachusetts and shall inure to the benefit of and bind the parties and their respective
heirs, executors, administrators, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused their hands and seals to be
affixed hereto. The date of this document shall be deemed to be the date of Seller's
signature.
The Seller
Dated:
/• / 7 - c/
r kC5 - 0.-LJ (64) r PD
Tax Compliance Certification
C7eGC/ —`
Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury
that I have, to my best knowledge and belief, complied with the law of the
Commonwealth relating to taxes, reporting of employees and contractors, and
withholding and remitting child support.
I further authorize the City of Northampton to deduct from the amounts due under this .
contract any overdue taxes, real or personal, or any other fees due to the City of
Northampton from the vendor which become due and payable by the vendor or its
officers, directors or agents during the term of this contract or until the final amounts due
under this contract are paid in full.
Check one of the following.
The vendor does not have a Northampton office.
The vendor does have a Northampton office.
a‘eize,,,,. agai
Signature of Individual or
Corporate Name
//
Plac-t( / � Cvere
The Buyer:
Dated:
Wayne Feiden, FAICP, Director of
Planning and Development
9
inski, City udi
tion
Joyce K
as to
M
Joe ok, Chief Procurement Officer
As t procurement and form Mayor
gins
GENERAL POWER OF ATTORNEY
I, Marilyn Bean Everett, residing at 40 Hemenway Rd, Williamsburg, Massachusetts 01096,
hereby appoint Robin Rosewarne of 89 Ashfield Rd, Williamsburg, Massachusetts 01096, as my
attorney -in -fact ( "Agent ") to exercise the powers and discretions described below.
My Agent shall have full power and authority to act on my behalf. This power and authority
shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal
rights and powers, including all rights and powers that I may acquire in the future. My Agent's
powers shall include, but not be limited to, the power to:
1. Open, maintain or close bank accounts (including, but not limited to, checking accounts,
savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts,
and other similar accounts with financial institutions. " •
a. Conduct any business with any banking or financial institution with respect to any of
my accounts, including, but not limited to, making deposits and withdrawals,
negotiating or endorsing any checks or other instruments with respect to any such
accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and
certificates or vouchers payable to me by any person, firm, corporation or political
entity.
b. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or
draft of the United States of America, including U.S. Treasury Securities.
c. Have access to any safe deposit box that I might own, including its contents.
2. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets
or property may include income producing or non - income producing assets and property.
3. Purchase and/or maintain insurance and annuity contracts, including life insurance upon
my life or the life of any other appropriate person.
4. Take any and all legal steps necessary to collect any amount or debt owed to me, or to
settle any claim, whether made against me or asserted on my behalf against any other person
or entity.
5. Enter into binding contracts on my behalf.
6. Exercise 'all stock rights on my behalf as my proxy, including all rights with respect to
stocks, bonds, debentures, commodities, options or other investments.
4 ..
7. Employ professional and business assistance as may be appropriate, including attorneys,
accountants, and real estate agents.
8. Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act
with respect to any of my property (now owned or later acquired) including, but not limited
to, real estate and real estate rights (including the right to remove tenants and to recover
possession). This includes the right to sell or encumber any homestead that I now own or
may own in the future.
9. Prepare, sign, and file documents with any governmental body or agency, including, but
not limited to, authorization to:
a. Prepare, sign and file income and other tax returns with federal, state, local, and
other governmental bodies.
b. Obtain information or documents from any government or its agencies, and represent
me in all tax matters, including the authority to negotiate, compromise, or settle any
matter with such government or agency.
c. Prepare applications, provide information, and perform any other act reasonably
requested by any government or its agencies in connection with governmental benefits
(including medical, military and social security benefits), and to appoint anyone,
including my Agent, to act as my "Representative Payee" for the purpose of receiving
Social Security benefits.
10. Make gifts from my assets to members of my family and to such other persons or
charitable organizations with whom I have an established pattern of giving (or if it is
appropriate to make such gifts for estate planning and/or tax purposes), to file state and
federal gift tax returns, and to file a tax election to split gifts with my spouse, if any. No
Agent acting under this instrument, except as specifically authorized in this instrument, shall
have the power or authority to (a) gift, appoint, assign or designate any of my assets,
interests or rights, directly or indirectly, to such Agent, such Agent's estate, such Agent's
creditors, or the creditors of such Agent's estate, (b) exercise any powers of appointment I
may hold in favor of such Agent, such Agent's estate, such Agent's creditors, or the creditors
of such Agent's estate, or (c) use any of my assets to discharge any of such Agent's legal
obligations, including any obligations of support which such Agent may owe to others,
excluding those whom I am legally obligated to support.
11. Transfer any of my assets to the trustee of any revocable trust created by me, if such
trust is in existence at the time of such transfer.
12. Subject to other provisions of this document, disclaim any interest which might
otherwise be transferred or distributed to me from any other person, estate, trust, or other
entity, as may be appropriate. However, my Agent may not disclaim assets to which I would
be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent
or my Agent's estate. Provided that they are not the same person, my Agent may disclaim
assets which pass to my Gift Agent, and my Gift Agent may disclaim assets which pass to
my Agent.
This Power of Attorney shall be construed broadly as a General Power of Attorney. n The Power of
of specific powers is not intended to limit or restrict the general powers granted
Attorney in any manner.
Any power or authority granted to my Agent under this document shall be limited to the extent
necessary to prevent this Power of Attorney from causing: (i) my income to be taxable to my
Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or (iii) my
Agent to have any incidents of ownership with respect to any life insurance policies that I may
own on the life of my Agent.
My Agent shall not be liable for any loss that results from a judgment error that was made in
good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good
faith while acting under the authority of this Power of Attorney. A successor Agent shall not be
liable for acts of a prior Agent.
No person who relies in good faith on the authority of my Agent under this instrument shall incur
any liability to me, my estate or my personal representative. I authorize my Agent to indemnify
and hold harmless any third party who accepts and acts under this document.
If any part of any provision of this instrument shall be invalid or unenforceable under applicable
law, such part shall be ineffective to the extent of such invalidity only, without in any way
affecting the remaining parts of such provision or the remaining provisions of this instrument.
My Agent shall be entitled to reasonable compensation for any services provided as my Agent.
My Agent shall be entitled to reimbursement of all reasonable expenses incuu as a result of
carrying out any provision of this Power of Attorney.
My Agent shall provide an accounting for all funds handled and all acts performed as my Agent,
but only if I so request or if such a request is made by any authorized personal representative or
fiduciary acting on my behalf.
This Power of Attorney shall become effective immediately, and shall not be affected by my
disability or lack of mental competence, except as may be provided otherwise by an applicable
state statute. This•is a Durable Power of Attorney. This Power of Attorney shall continue
effective until my death. This Power of Attorney may be revoked by me at any time by providing
Marilyn Bea verett
My co m nission expires
written notice to my Agent.
Dated NO 17, - 3, , , at Williamsburg, Massachusetts.
STATE OF MASSACHUSETTS,
COUNTY OF HAMPSHIRE, ss:
A
On this 3 day of M U i, m b .erk. ,abaci before me personally appeared Marilyn
Bean Everett, to me known to be the person described i and'Fwho executed the foregoing
instrument, and acknowledged that he /she executed same as his/her free act and deed.
Pf..7)13n,i4
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.
Revised Final Offer – Bean Farm, Spring Street
Portion of Northampton Lots 16C-025
November 7, 2009
The City of Northampton offers to
purchase Lot 16C-025, but hereby
excluding the following
:
1.Lot 16C-018, the 14 acre landlocked
woodlot on the west side of Spring
Street; and
2.Lot 16D-034, the wooded parcel
southeasterly of the subject parcel
(hereinafter “parcel 16D-34”); and
3.The farmhouse (hereinafter
“farmhouse parcel”) with one± acre
shown on the included plan (the
westerly property boundary beginning
at a point in the middle of the current
driveway by Spring Street, thence
running northerly back to a point on
the easterly side of the driveway
directly opposite the main barn, then
back to the edge of the field, for a total
distance of 300’ with whatever
acreage this turns out to be); and
4.The two acre, more or less, parcel
(hereinafter the “retained parcel”)
shown on the included plan on the
westerly side of Lawrence Bean’s
house.
The City offers the following consideration:
1.$910,000 in cash
2.Paying and releasing, in some combination, Chapter 61A back taxes on all of Lot 16C-025
and 16D-034 (but not 16C-018) at the closing with the city, worth approximately $22,000.
IF the family closes on any of these lots prior to the City closing on the land, the City will
reimburse any Chapter 61A payback at closing with the City.
3.The Bean family shall retain a total of six lots, which shall include three building lots on
parcel 16D-34, the existing farmhouse parcel, and two building lots on the retained parcel. In
this regard, the family’s obligation to sell and the City’s obligation to buy shall be contingent
upon the following:
a.The City obtaining all necessary Planning Board and Conservation permits that will
allow the Bean family to sell six fully permitted single family residential lots. Any
lot configuration and permit application shall be subject to the approval of the
family, which shall not be unreasonably withheld and which shall be provided within
72 hours after receipt of a proposed lot configuration or conservation permit
application.
b. The City bearing all costs of surveying, engineering, drafting, consulting, and staff
time necessary to obtain said approvals, except that the family shall (1) reimburse the
City for the surveying cost of subdividing the retained parcel into two separate lots
and (2) reimburse the City up to $5,000.00 for the cost of obtaining any necessary
Conservation permits. Any costs incurred by the family under this provision shall be
deducted from the purchase price at closing.
c.The family determining to its satisfaction the availability of all necessary permits to
develop the retained lots. Said determination shall be made within 7 days from the
date both parties sign this offer.
4.Release of Chapter 61A rights of first refusals on all of Lot 16C-025 and 16C-034 (but not
16C-018) retained by Beans
5.Environmental Site Assessment (MGL 21E) of property city is purchasing.
6.The City reserves the right to develop no more than four lots on the purchased land subject to
the following:
a.The lots will be confined to the wooded area of the lot located westerly of the fields.
b.The lots will be limited to single family residential homes (using Northampton’s
zoning for definitional purposes).
c.The lots will not be sold for affordable housing (as defined by Northampton’s zoning
or defined in MGL 40B). This clause does not create a standard for how expensive a
home must be when developed by a private developer
d.With respect to the 4 lots in the wooded area, the City and the family shall execute
mutually agreed upon protective covenants prior to closing to insure compliance with
this provision. The covenants shall be recorded immediately after the deed to the city
and shall run with the land so conveyed for the maximum period allowed by law.
e.With respect to the remaining property, the City and the family shall execute mutually
agreed upon protective covenants against future development prior to closing. These
covenants shall be held in escrow pending the City’s decision on whether to pursue an
Agricultural Preservation Restriction (APR) on a portion of the property. The City
shall have one year from the date of closing to obtain and record said APR. If the
City fails to obtain said APR within that time period, then the covenants shall be
recorded and shall run with the land so conveyed for the maximum period allowed by
law.
Terms:
1.Closing on July 1, 2010, but both parties agree that time is of the essence and the City has a
goal of closing in March 2010, if permits and funding can be obtained by then.
2. Contingent on
A.City Council approval within 45 days;
B.The City obtaining permits outlined above;
C.Community Preservation Funding for this purchase;
D.No finding of hazardous materials on the property within 120 days of this Agreement;
E.Sellers being able to provide clear title, unless the city agrees to accept any title
defects, with the Seller agreeing to cooperate in all efforts to clear title. The parties
agree that the City may take the property by a “friendly” taking to clear title if
necessary, provided all of the other terms in this Agreement are met, with an escrow
account established for any parties holding property rights that are not signatories to
this Agreement based on their percent of interest in the property.
3.The City will pay a $20,000 deposit, to be held by the Sellers Escrow Agent, within 30 days
of the acceptance of this offer and drafting of a Purchase and Sale Agreement, refundable if
the contingencies are not met.
4.Incorporate the Bean family name as part of the name of the fields or property.
5.Contents currently within existing buildings may remain in place (sold in an as-is condition),
provided that such content does not contain oil or hazardous materials.
6. The parties agree that the obligations set forth in this offer shall be contingent upon the
parties executing a mutually agreed upon standard form purchase and sale agreement within
14 days from the date this offer is executed by both parties. Should the parties fail to agree to
a purchase and sale agreement within this time period, then this offer shall be deemed void
and the parties shall have no further recourse whatsoever against each other.
7.The City shall provide the Bean family with a copy of an appraisal if and when received.