DocuSign_[FY21]_Flannery-Glendale_Rd_ContracMayor’s/CP docs/Procedures/VENDOR.COVER SHEET.UPDATED.6-02 cp
City of Northampton
Vendor Contract Cover Sheet
(To Accompany All City Contracts to City Auditor, Purchasing and Mayor’s Office)
1. Department and/or Division Name:
2. Vendor Name:
3. Munis Vendor I.D.#:____________ Department Contract # (if any):
5. Source and Amount of Funds: Please Fill in Below
Source: (Please check
all that apply)
Account
Name:
Account
Number:
Amount: Total Per
Source
Budget:
Total of Contract
5. Period of Contract Coverage (If Applicable)
6. Brief Description of Goods and/or Services being provided (e.g., Is this a part of a larger project,
stand alone, or is it an amendment to a contract?):
7. Does the vendor have a Northampton Office: ____ Yes _ No
(if local) Taxes owed: ____ Yes ____ No
8. Please list time and dates that contracts were delivered:
Signature Date
Department Head, _____________
Auditor, Joyce Karpinski
Chief Procurement Officer, Joe Cook _____________________ _____________________
Finance Director, Susan Wright
Mayor David J. Narkewicz:
Contract #:
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
Planning & Sustainability
This is a NO-COST contract to the City. Net revenue from sale, detailed in the
final HUD settlement statement, will go to sale of land account.
July 1, 2021
Sale of surplus city land, based on advertisements for bids
Jim Flannery
X
Wayne Feiden 1/22/2021 | 7:13 AM EST
1/22/2021 | 8:31 AM EST
1/22/2021 | 9:18 AM EST
1/22/2021 | 12:30 PM EST
1/22/2021 | 2:30 PM EST
144-21
Purchase and Sale Agreement
Surplus City Land at Glendale Road, Northampton, MA
Section 1 – Information and Definitions
1.2.1 DATE of this Agreement: January 21, 2021
1.2 PREMISES: A parcel of land in Northampton, Massachusetts on Glendale Road,
Map 42-167, 1.587 +/- acres and 2,273 square feet, shown as Lot 6 and Lot 7,
respectively, on survey at Hampshire Registry of Deeds at Plan Book 195, Page 98,
and, being a portion of the land described in a Taking and a subsequent deed to the
City at Book 6137, Page 317 and Page 327.
1.3 SELLER: City of Northampton
Attn.: Wayne Feiden, Planning & Sustainability
Address: 210 Main Street, Northampton, MA 01060
Phone: (413) 587-1265
Email: WFeiden@NorthamptonMA.gov
Seller's Attorney: Robert Spencer, Jankowski & Spencer
Address: 6 University Drive, #201, Amherst, MA 01002
1.4 BUYER: James J. Flannery, Jr.
Address: 1 Williams Street, Holyoke, MA 01040
Phone: (508) 294-4052
Email: jimjflan@gmail.com
Buyer's Attorney: Mark NeJame, NeJame and Kling Law Office
90 Conz Stret, Suite 208, Northampton, MA 01060
mark@nejameandklinglaw.com
1.5 CLOSING DATE: February 26, 2021 or anytime date mutually agreed upon.
1.6 PLACE: NeJame & Kling Law Offices, 90 Conz Street, Suite 208,
Northampton, MA 01060, unless some other place should be
mutually agreed upon by the parties.
1.7 PURCHASE PRICE: The total purchase price for the Premises is Eighty-Four
Thousand, Three Hundred Dollars ($84,300).
1.8 TITLE: Release or Quitclaim Deed, at the City’s option
1.9 BROKER: City: Craig Della Penna, The Murphys Realtors, Inc.
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
Buyer: Craig Della Penna, The Murphys Realtors, Inc.
1.10 WARRANTIES AND REPRESENTATIONS
Except as set forth otherwise in this Agreement, the following representations and
warranties are made by Seller as of the date of this Agreement and also as of the time of
the delivery of the deed: None
1.12 BUYER’S ADDITIONAL RESPONSIBILITIES
In lieu of any warranties and representations other than that contained herein, this
transaction is subject to the byers Satisfactory Due Diligence by 1/25/2021 and the
Buyer satisfying themselves that the lot is a building lot.
1.13. SELLERS ADVERTISING-- Advertised in Central Register and in the Daily
Hampshire Gazette on 4/29/2020. Bid openings continued several times, with final bid
opening 1/13/2021. Buyer was sole bid and sole bid list recipient. This is under authority
from City Council who declared the land surplus to City needs.
SECTION 2 -- GENERAL PROVISIONS
2.1 Covenant. Seller agrees to sell and Buyer agrees to buy the Premises upon the terms
hereinafter set forth.
2.2 Buildings, Structures, Improvements, Fixtures. There are no improvements on the
property.
Buyer acknowledges that the Premises is being sold in “as is” condition.
2.3 Title Deed. Said Premises are to be conveyed by a good and sufficient release quitclaim
deed running to Buyer, or to a nominee designated by Buyer by written notice to Seller at least
seven calendar days before the deed is to be delivered as herein provided, and said deed shall
convey a good and clear record and marketable title thereto, free from encumbrances, except
(a) Provisions of existing building and zoning laws;
(b) Existing rights and obligations in party walls which are not the subject of written
agreement;
(c) Such taxes for the then current year as are not due and payable on the date of the delivery
of such deed;
(d) Any liens for municipal betterments assessed after the date of this Agreement; and
(e) Easements, restrictions and reservations of record, if any, provided the same do not
interfere with use of and access to the Premises.
2.4 Deed and Plans; Seller shall be responsible for drafting the deed. The deed shall be
subject to the City retaining the ten-foot wide trail easement as shown on the Plan recorded in
said Registry at Book of Plans 195, Page 98. The City authority to sell is documented in the City
Council order dated March 1, 2001 (Book 8273, Page 168).
2.5 Registered Title. The title to this property is not Registered.
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
2.6 Possession and Control of Premises. Full possession of said Premises free of all tenants
and occupants, except as herein provided, is to be delivered at the time of the delivery of the
deed, said Premises to be then (a) in the same condition as they now are, reasonable use and wear
thereof excepted, and (b) in compliance with provisions of any instrument referred to in clause
2.3 hereof. Buyer shall be entitled personally to inspect said Premises prior to the delivery of the
deed in order to determine whether the condition thereof complies with the terms of this clause.
2.7 Extension to Perfect Title or Make Premises Conform. If Seller shall be unable to give
title or to make conveyance, or to deliver possession of the Premises, all as herein stipulated, or
if at the time of the delivery of the deed the Premises do not conform with the provisions hereof,
then Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as
provided herein, or to make the said Premises conform to the provisions hereof, as the case may
be, and thereupon the time for performance hereof shall be extended for a period of thirty
calendar days, or until such time as Buyer’s mortgage commitment or interest rate expires,
whichever is soonest.
2.8 Failure to Perfect Title or Make Premises Conform. If at the expiration of the extended
time Seller shall have failed so to remove any defects in title, deliver possession, or make the
Premises conform, as the case may be, all as herein agreed, or if at any time during the period of
this Agreement or any extension thereof, the holder of a mortgage on said Premises shall refuse
to permit the insurance proceeds, if any, to be used for such purposes, then all obligations of the
parties shall cease and this Agreement shall be void without recourse to the parties hereto,
provided however that all deposits made by Buyer under this Agreement shall be refunded to
Buyer, which obligation shall survive the termination of this Agreement. The Buyer
acknowledges that the city may use eminent domain to clean any defective title and waives any
objections to such actions.
2.9 Buyer’s Election to Accept Title. Buyer shall have the election, at either the original or
any extended time for performance, to accept such title as Seller can deliver to the said Premises
in their then condition and to pay therefore the purchase price, without deduction, in which case
Seller shall convey such title, except that in the event of such conveyance in accord with the
provisions of this clause, if the said Premises shall have been damaged by fire or casualty insured
against, then Seller shall, unless Seller has previously restored the Premises to their former
condition, either
(a) pay over or assign to Buyer, on delivery of the deed, all amounts recovered or
recoverable on account of such insurance, less any amounts reasonably expended by
Seller for any partial restoration, or
(b) if a holder of a mortgage on said Premises shall not permit the insurance proceeds or a
part thereof to be used to restore the said Premises to their former condition or to be so
paid over or assigned, give to Buyer a credit against the purchase price, on delivery of
the deed, equal to said amounts so recovered or recoverable and retained by the holder
of the said mortgage less any amount reasonably expended by Seller for any partial
restoration.
2.10 Acceptance of Deed. The acceptance of a deed by Buyer, or its assignee or nominee as
the case may be, shall be deemed to be a full performance and discharge of every agreement and
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
obligation herein contained or expressed, except such as are, by the terms hereof, to be
performed after the delivery of said deed.
2.11 Use of Money to Clear Title. To enable Seller to make conveyance as herein provided,
Seller may, at the time of delivery of this deed, use the purchase money or any portion thereof to
clear the title of any or all encumbrances or interests, provided that all instruments so procured
are recorded simultaneously with the deed or, for institutional mortgages, are recorded in
accordance with customary conveyancing practices.
2.12 Adjustments. Taxes for the then current fiscal year shall be adjusted in accordance with
G.L. c. 59, § 72A. If the amount of said taxes is not known at the time of the delivery of the
deed, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year.
2.13 Brokers. Craig Della Penna, Murphys Realtors, serves as both the Buyer Agent and the
Seller Agent, to be paid by Seller at closing out of proceeds of the sale.
2.14 Inspection Rights. The parties agree that Buyer shall have the right to obtain, at Buyer's
expense, an inspection of the premises by a consultant of Buyer's during the bid period. In
consideration of right of inspection and rescission, Seller is hereby released from liability
relating to defects in the premises actually disclosed or about which Seller had no actual
knowledge.
2.15 Water/Sewer, ledge, permitting. Seller makes no representations.
The Comprehensive Permit issued for the property is recorded at the Hampshire Registry of
Deeds at Book 7133, Page 23.
The affordable units that are a condition of that comprehensive permit have been created on
Westhampton Road, thereby exercising the permit.
The percolation test was completed in July 2020 and the results are available from the City.
2.16 Hazardous Materials, Lead, Asbestos, and Oil. Seller represents and warrants to Buyer
that, to the best of Seller’s knowledge, information and belief, (i) there has been no release of
any hazardous materials or oil on, from or near the Premises, except as noted above, (as used in
this Agreement, the terms "release," "hazardous materials" and "oil" shall have the meaning
given to them in M.G.L.c.21E), (ii) there are no underground storage tanks or other subsurface
facilities holding petroleum or oil products currently in use or previously abandoned on the
Premises and (iii) chlordane has not been used as a pesticide on the Premises. These
representations and warranties shall survive the closing.
2.17 Financing Contingency. Seller has made their offer contingent on obtaining a $60,000
conventional mortgage at prevailing rates and terms by February 19, 2021. Buyer’s obligations
under this Agreement are contingent upon Buyer receiving a written commitment for said
mortgage on or before the date just specified.
2.18 Title to Premises. Notwithstanding anything herein contained, the Premises shall not be
considered to be in compliance with the provisions of this Agreement with respect to title unless:
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
(a) No building, structure, or right of way, easement or improvement, including any
driveway(s), garages, septic systems and wells or property of any kind encroaches
upon or under the Premises from other premises;
(b) Title to the Premises is insurable, for the benefit of Buyer, by a title insurance
company acceptable to Buyer, in a fee owner's policy of title insurance at normal
premium rates, in the American Land Title Association form currently in use;
(c) All structures and improvements on the Premises, including any driveway(s)
garage(s), septic systems and wells and all means of access to the Premises shall not
encroach upon or under any property not within the lot lines of the Premises;
(d) The Premises abut a public way, or have the benefit of an access and utility
easement over a private way leading to a public way, duly laid out or accepted as
such by the municipality in which the Premises are located.
2.19 Affidavits, etc. Simultaneously with the delivery of the deed, Seller shall execute and
deliver: (a) affidavits and indemnities under oath with respect to parties in possession and
mechanic's liens to induce Buyer’s title insurance company to issue lender's and owner's policies
of title insurance without exception for those matters, and Seller shall indemnify and hold
harmless the title insurance company for any losses, costs, or damages sustained as a result of
issuing a policy without exceptions covered by such representations; (b) an affidavit, satisfying
the requirements of Section 1445 of the Internal Revenue Code and regulations issued
thereunder, which states, under penalty of perjury, Seller’s United States taxpayer identification
number, that Seller is not a foreign person, and Seller’s address (the "1445 Affidavit"); (c)
Internal Revenue Service Form W-8 or Form W-9, as applicable, with Seller’s tax identification
number, and an affidavit furnishing the information required for the filing of Form 1099S with
the Internal Revenue Services and stating Seller is not subject to back-up withholding; and (d)
such additional and further instruments and documents as may be consistent with this Agreement
and customarily and reasonably required by Buyer and/or the Buyer’s title insurance company to
complete the transactions described in this Agreement.
2.20 Title Standards. Any matter or practice arising under or relating to this Agreement which
is the subject of a title standard or a practice standard of the Real Estate Bar Association at the
time for delivery of the deed shall be covered by said title standard or practice standard to the
extent applicable.
2.21 Deposit. A $500 deposit was made by the Buyer as part of their offer to the Seller’s Real
Estate Agent. An additional deposit of $3,715 shall be made directly to the City by January 22,
2021. The Deposits shall be held by the City or its attorney. The Deposit shall be duly accounted
for at the time of performance of this agreement or otherwise by the agreement of the parties or
by order of a court of competent jurisdiction.
2.22 Buyer’s Breach. If Buyer shall unjustifiably fail to fulfill Buyer’s part of this Agreement,
all deposits made hereunder, if any, shall be forfeited and become the property of Seller as
liquidated damages, which shall constitute Seller’s sole and exclusive remedy at law or in equity
for Buyer’s default under this Agreement.
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
2.23 Notices. Any notice required or permitted to be given under this Agreement shall be in
writing and signed by the party or the party's attorney or agent and shall be deemed to have been
given: (a) when delivered by hand, or (b) when sent by Federal Express or other similar courier
service, or (c) when mailed by certified mail, return receipt requested, or (d) upon electronically
confirmed receipt of facsimile delivery (provided that such facsimile delivery is promptly
followed by one of the other permitted forms of notice contained herein), to the party with a copy
to the party’s attorney at the addresses set forth in Section 1.
2.24 Closing. The deed and other documents required by this Agreement are to be delivered
and the Purchase Price paid at the Date and Time of Closing and at the Place of Closing. All
documents and funds are to be delivered in escrow subject to prompt rundown of title and
recording, which term shall include registration in the case of registered land. Seller’s proceeds
may be in the form of an IOLTA check, and the check shall be held in escrow by Seller’s
attorney who shall release the check to Seller only following the recording of the deed.
2.25 Condition of Premises at Closing. Seller agrees to deliver the Premises at the time of
delivery of Seller’s deed in a condition substantially similar to its condition at the time of the
signing of this Agreement.
2.26 Casualty. Notwithstanding anything herein to the contrary, in the event of damage to or
destruction of the Premises by fire, vandalism or other casualty, then at Buyer’s sole option, this
Agreement may be terminated, whereupon all deposits paid by Buyer hereunder shall be
promptly returned to Buyer.
2.27 Liability of Trustee, Shareholder, Fiduciary, etc. If Seller or Buyer executes this
Agreement in a representative or fiduciary capacity, only the principal or the estate represented
shall be bound, and neither Seller or Buyer so executing, nor any shareholder or beneficiary of
any trust, shall be personally liable for any obligation, express or implied, hereunder.
2.28 Extensions. Buyer and Seller hereby authorize their respective attorneys (as the case may
be) to execute on their behalf any extensions to the time for performance and any change of
location and/or time for delivery of the deed. Buyer and Seller shall be able to rely upon the
signature of said attorneys as binding unless they have actual knowledge before the execution or
other consent to such extensions, that either party has disclaimed the authority granted herein to
bind them. For purposes of this Agreement, facsimile signatures shall be construed as original.
2.29 Construction of Agreement. This instrument, executed in multiple counterparts, is to be
construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the
entire contract between the parties, is binding upon and inures to the benefit of the parties hereto
and their respective heirs, devisees, executors, administrators, successors and assigns, and may
be canceled, modified or amended only by a written instrument executed by both Seller and
Buyer. If two or more persons are named herein as Buyer their obligations hereunder shall be
joint and several.
2.30 Incorporation; Conflict. All terms of the Request for Proposals and the Buyer’s Proposal
are hereby made a part of this Agreement and are incorporated herein by reference. In the event
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
of conflicting or inconsistent provisions, the terms of the Request for Proposals and the Buyer’s
Proposal shall control.
2.31 Captions. The captions and headings throughout this Agreement are for convenience of
reference only and the words contained therein shall in no way be held or deemed to define,
limit, explain, modify, amplify or add to the interpretation, construction or meaning of any
provisions of, or the scope or intent of this Agreement, nor in any way affect this Agreement, and
shall have no legal effect.
In Witness whereof, the parties hereto sign this Agreement under seal as of the date shown
below.
Buyer:
City of Northampton, Seller:
Mayor David J. Narkewicz
Wayne Feiden, Director of Planning & Sustainability
Joseph M. Cook, Chief Procurement Officer
Joyce Karpinski, Auditor
ADDENDUM TO AGREEMENT
A. All items belonging to Seller, including but not limited to Seller’s personal possessions,
building materials, debris and yard waste at the premises, shall be removed from the
Premises prior to closing.
B. The Buyer’s obligations under this Agreement are specifically contingent upon title to the
Premises being insurable for the benefit of the Buyer, in a fee owner’s policy of title
insurance at normal premium rates, without exception other than the standard printed
exceptions contained in the ALTA form currently in use and those exceptions set forth in
this Agreement.
C. To the best of Seller’s knowledge and belief, there are no unused or abandoned fuel storage
tanks on the premises.
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
1/22/2021 | 6:49 AM EST
1/22/2021 | 7:13 AM EST
1/22/2021 | 8:31 AM EST
1/22/2021 | 9:18 AM EST
1/22/2021 | 2:30 PM EST
D. REBA Provisional P & S Form Relating to Coronavirus: The Time for Performance shall
be extended for an Excused Delay which materially affects the Buyer’s ability to close or
obtain financing or some other such cause that prevents either party from fulfilling its
obligations under the Agreement due to an Excused Delay ,unless Buyer and Seller mutually
agree otherwise. As used herein an Excused Delay means a delay preventing the closing to
occur caused by an Act of God, declared state of emergency or public health emergency,
pandemic (specifically including COVID-19), government mandated quarantine or travel
ban, war, acts of terrorism, and/or order of government or civil or military authorities. The
Time for Performance shall expire at the earlier of 10 business days after the end of the
Excused Delay or 90 days after the Closing Date. In the event that the closing cannot occur
during the 90 day extension, unless the Buyer and Seller agree to further extend the closing,
the Agreement shall terminate and the Deposit shall be returned to the Buyer. Buyer shall
have the right to sooner terminate the Agreement if Buyer no longer qualifies for the
mortgage they applied for or if Buyer’s lender withdraws or terminates the mortgage
commitment. As any Excused Delay would not be due to either the fault of Buyer or Seller,
any rate lock extension fees occurring during an Excused Delay shall be paid equally by
Buyer and Seller.
DocuSign Envelope ID: 507A82B1-98E7-430E-BCBA-B3816A644F80
Certificate Of Completion
Envelope Id: 507A82B198E7430EBCBAB3816A644F80 Status: Completed
Subject: DocuSign: [FY21] Flannery-Glendale Rd Contract for Signature from Wayne Feiden
Source Envelope:
Document Pages: 9 Signatures: 10 Envelope Originator:
Certificate Pages: 6 Initials: 0 Wayne Feiden
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
210 Main Street
Northampton, MA 01060
wfeiden@northamptonma.gov
IP Address: 73.159.213.190
Record Tracking
Status: Original
1/21/2021 4:25:11 PM
Holder: Wayne Feiden
wfeiden@northamptonma.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Northampton Location: DocuSign
Status: Original
1/21/2021 4:32:38 PM
Holder: City Signatures Processing
cpo@northamptonma.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Northampton Location: DocuSign
Signer Events Signature Timestamp
Jim Flannery
JimJFlan@gmail.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 24.60.116.38
Signed using mobile
Sent: 1/21/2021 4:32:38 PM
Viewed: 1/22/2021 6:47:08 AM
Signed: 1/22/2021 6:49:54 AM
Electronic Record and Signature Disclosure:
Accepted: 1/22/2021 6:47:08 AM
ID: 93f175e5-1422-47bc-bdba-3b9f41028d28
Company Name: City of Northampton
Wayne Feiden
wfeiden@northamptonma.gov
Planning Director
City Of Northampton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.159.213.190
Signed using mobile
Sent: 1/22/2021 6:49:57 AM
Viewed: 1/22/2021 7:12:48 AM
Signed: 1/22/2021 7:13:05 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Joe Cook
jcook@northamptonma.gov
Chief Procurement Officer
City of Northampton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.235.91.10
Sent: 1/22/2021 7:13:08 AM
Viewed: 1/22/2021 8:21:42 AM
Signed: 1/22/2021 8:31:40 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Joyce Karpinski
jkarpinski@northamptonma.gov
City Auditor
City of Northampton
Signing Group: Auditor Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.235.91.10
Sent: 1/22/2021 8:31:43 AM
Viewed: 1/22/2021 9:17:40 AM
Signed: 1/22/2021 9:18:35 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Susan Wright
swright@northamptonma.gov
Finance Director
City of Northampton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.235.91.10
Sent: 1/22/2021 9:18:38 AM
Viewed: 1/22/2021 12:30:01 PM
Signed: 1/22/2021 12:30:05 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Narkewicz
dnarkewicz@northamptonma.gov
Mayor
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 174.242.140.140
Signed using mobile
Sent: 1/22/2021 12:30:09 PM
Viewed: 1/22/2021 2:30:13 PM
Signed: 1/22/2021 2:30:47 PM
Electronic Record and Signature Disclosure:
Accepted: 5/14/2020 9:46:46 AM
ID: 8ee9b135-c0a9-41a1-92dd-6af7a42f9411
Company Name: City of Northampton
Joe Cook
jcook@northamptonma.gov
Chief Procurement Officer
City of Northampton
Signing Group: CPO Group
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 50.235.91.10
Sent: 1/22/2021 2:30:50 PM
Viewed: 1/25/2021 10:53:20 AM
Signed: 1/25/2021 1:02:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/21/2021 4:32:38 PM
Certified Delivered Security Checked 1/25/2021 10:53:20 AM
Signing Complete Security Checked 1/25/2021 1:02:28 PM
Completed Security Checked 1/25/2021 1:02:28 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Northampton (we, us or Company) may be required by law to provide
to you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign system.
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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disclosure in paper format and withdraw your consent to receive notices and disclosures
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 3/26/2020 7:44:12 AM
Parties agreed to: Jim Flannery, David Narkewicz
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Northampton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: apagan@northamptonma.gov
To advise City of Northampton of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at apagan@northamptonma.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Northampton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to apagan@northamptonma.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Northampton
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to apagan@northamptonma.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify City of Northampton as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by City of Northampton during the course of your relationship with City
of Northampton.