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38A-107 (6) . _,._ _ :1 El L _ _ atm . i:'� ;:;'( . _- . _ .. . C.------- li j a lli r— vi _:. _____ . 1 � 1 i! i; i f ■ U {ii ` 4 ' i • t 1 1 t S ter- _ ! 1 iii 20 -A 1 i : . - I j I 1 r , r e i C ' C e ` , e5 _1p�n� i . i ■ C) / .• c3 NDER DRI � :__ 0 .-• • ._ The Dedicated Parking Delineation Berksh Design Inc. Village Hill: Group, Northampton, Massachusetts 4 N 7542 lialaiPE ,, F ( 0� SCJJ.E: 1`=50' .......... .. EXHIBIT G Dedicated Parking Delineation Plan Lot 18 — Reciprocal Easement Agreement (Lot 18) EXHIBIT F Dempster Easement Area A certain parcel of land shown as "Dumpster Easement" on a plan entitled "Plan of Land, Northampton, MA, Lot Division Plan ", prepared for Mass. Development c/o Hospital Hill, LLC dated October 31, 2012 by Gale Associates, Inc. and by Sherman & Frydryk, Land Surveying and Engineering, and recorded in the Hampshire County Registry of Deeds Plans 24 , Page ( o , bounded and described as follows; Beginning at a point on the westerly line of Lot 19 (REV 2), said point located N 13° 33' 28" W one hundred fourteen and 43/100 (114.43') feet of the northerly line of Prince Street along the easterly line of Lot 18 (REV 2) as shown on said plan, thence running; N 78° 44' 37" E thirty nine and 04 /100 (39.04') feet along said Lot 19 (REV 2) to a point at the northwesterly corner of a Transformer Easement as shown on said plan, thence turning and running; S 13° 13' 14" E fifteen and 01 /100 feet (15.01') along said Transformer Easement and within said Lot 19 (REV 2) to a point, thence turning and running; S 78° 44' 37" W thirty eight and 95/100 (38.95') feet within last named land to a point on the easterly line of said Lot 18 (REV 2), thence turning and running; N 13° 33' 28" W fifteen and 01 /100 feet (15.01') along last named land to the point of beginning. Containing an area of 585 Square Feet • Lot 18 — Reciprocal Easement Agreement (Lot 18) EXHIBIT E Telephone Utility Easement Area A certain parcel of land shown as "15' Telephone Utility Easement" on a plan entitled "Plan of Land, Northampton, MA, Lot Division Plan ", prepared for Mass. Development c/o Hospital Hill, LLC dated October 31, 2012 by Gale Associates, Inc. and by Sherman & Frydryk, Land Surveying and Engineering, and recorded in the Hampshire County Registry of Deeds Plans i2e, Page 00 , bounded and described as follows; Beginning at a stone bound at the intersection of the northerly line of Prince Street and the easterly line of Village Hill Road as shown on said plan, thence running; Westerly and Northerly in a curve to the right with a radius of fifty and 00 /100 feet (50.00'), a distance of thirty nine and 77/100 feet (39.77') along the easterly line of said Village Hill Road to a point, thence turning and running; N 82° 42' 03" E one hundred twenty two and 75/100 (122.75') feet within Lot 18 (REV 2) as shown on said plan to a point on the westerly line of Lot 19 (REV 2) as shown on said plan, thence turning and running; S 13° 33' 28" E fifteen and 09/100 feet (15.09') along last named land to a point on the northerly line of said Prince Street, thence turning and running; S 82° 42' 03" W eighty eight and 69/100 feet (88.69') along the northerly line of said Prince Street to the point of beginning. Containing an area of 1,687 Square Feet Lot 18 — Reciprocal Easement Agreement (Lot 18) EXHIBIT D Utility Easement Area A certain parcel of land shown as "Utility Easement" on a plan entitled "Plan of Land, Northampton, MA, Lot Division Plan ", prepared for Mass. Development c/o Hospital Hill, LLC dated October 31, 2012 by Gale Associates, Inc. and by Sherman & Frydryk, Land Surveying and Engineering, and recorded in the Hampshire County Registry of Deeds Plans /it, Page 00 , bounded and described as follows; Beginning at a point on the southerly line of Olander Drive at the northwesterly corner of Lot 19 (REV 2 as shown on said plan, thence running; S 13° 13' 14" E forty one and 06/100 feet (41.06') along last named land to a point, thence turning and running; N 74° 15' 12" W eighty six and 47/100 (86.47') feet within Lot 18 (REV 2) to a point on the southerly line of said Olander Drive, thence turning and running; N 80° 02' 41" E thirty eight and 77/100 (38.77') feet along the southerly line of said Olander Drive to a concrete bound, thence turning and running; Easterly in a curve to the left with a radius of one hundred ninety five and 83/100 feet (195.83'), a distance of thirty seven and 03/100 feet (37.03') along the southerly line of said Olander Drive to the point of beginning. Containing an area of 1,464 Square Feet Lot 18 — Reciprocal Easement Agreement (Lot ] 8) EXHIBIT C Transformer Easement Area A certain parcel of land shown as "Transformer Easement" on a plan entitled "Plan of Land, Northampton, MA, Lot Division Plan", prepared for Mass. Development c/o Hospital Hill, LLC dated October 31, 2012 by Gale Associates, Inc. and by Sherman & Frydryk, Land Surveying and Engineering, and recorded in the Hampshire County Registry of Deeds Plans at, Page (pp, bounded and described as follows; Beginning at a point on the westerly line of Lot 19 (REV 2), said point located S 13° 13' 14" E one hundred sixty five and 07/100 (165.07') feet of the southerly line of Olander Drive along the easterly line of Lot 18 (REV 2) as shown on said plan, thence running; S 13° 13' 14" E fifteen and 01 /100 feet (15.01') within said Lot 19 (REV 2) to a point, thence turning and running; S 78° 44' 37" W twenty and 01 /100 (20.01') feet within said Lot 19 (REV 2) to a point at the southeasterly corner of a Dumpster Easement as shown on said plan, thence turning and running N 13° 13' 14" W fifteen and 01 /100 (15.01') feet along said Dumpster Easement and within said Lot 19 (REV 2) to a point at land of said Lot 18 (REV 2), thence turning and running; N 78° 44' 37" E twenty and 01 /100 feet (20.01') along said Lot 18 (REV 2) to the point of beginning. Containing an area of 300 Square Feet Lot 18 — Reciprocal Easement Agreement (Lot 18) EXHIBIT B - Grading Easement Area A certain parcel of land shown as "Grading Easement" on a plan entitled "Plan of Land, Northampton, MA, Lot Division Plan", prepared for Mass. Development c/o Hospital Hill, LLC dated October 31, 2012 by Gale Associates, Inc. and by Sherman & Frydryk, Land Surveying and Engineering, and recorded in the Hampshire County Registry of Deeds Plans ?lb, Page(O , bounded and described as follows; Beginning at a point on the southerly line of Olander Drive at the northeasterly comer of Lot 18 (REV 2) as shown on said plan, thence running; Easterly in a curve to the left with a radius of one hundred ninety five and 83/100 feet (195.83'), a distance of fifteen and 23/100 feet (15.23') along the southerly line of said Olander Drive to a point, thence turning and running; S 13° 13' 14" E one hundred eighty three and 19/100 feet (183.19') within Lot 19 (REV 2) as shown on said plan to a point, thence turning and running; S 54° 11' 51" W sixty three and 65/100 (63.65') feet within last named land to a point, thence turning and running; S 13° 33' 28" E seventy four and 00 /100 (74.00') feet within last named land to a point on the northerly line of Prince Street as shown on said plan, thence turning and running; S 82° 42' 03" W fifteen and 09/100 (15.09') feet along the northerly line of said Prince Street to a point at the southeasterly comer of said Lot 18 (REV 2), thence turning and running; N 13° 33' 28" W one hundred fourteen and 43/100 (114.43') feet along last named land to a point, thence turning and running; N 78° 44' 37" E fifty nine and 05/100 (59.05') feet along last named land to a point, thence turning and running; N 13° 13' 14" W one hundred sixty five and 07/100 feet (165.07') along last named land to the point of beginning. Containing an area of 5,886 Square Feet Lot 18 —Reciprocal Easement Agreement (Lot 18) Outlet Control Structure The outlet control structure adjacent to the subsurface infiltration basin should be inspected at least twice per year and after significant storm events for sediment and debris accumulation, overall function, and that any orifice holes within the outlet riser pipe are free of obstruction. Sediments and debris should be removed and disposed of in accordance with local, state and federal guidelines and regulations. Record Keeping and Annual Reports Records shall be maintained by the Owner at their offices as described above and shall document all routine and emergency maintenance work performed by the Owner to the stormwater management system and shall bear the signature of the individual supervising the work. Annual reports documenting the inspection and maintenance of the stormwater management system shall be certified by Registered Professional Engineer and submitted to the Northampton Department of Public Works and the Northampton Office of Planning and Development no later than October l of each year. Attachment A: Stormwater Facility Maintenance Schedule Page 3 of 3 Maintenance Schedule Parking Lot Street Sweeping Street and parking area sweeping shall take place twice annually. Hooded Catch Basin Oil and water separators should be inspected at least four times per year and cleaned annually or more often if required. Oil and sediments should be removed and disposed of in accordance with local, state and federal guidelines and regulations. In the case of an oil or bulk pollutant release, the system must be cleaned immediately following the spill and the proper authorities notified. Stormwater Treatment Chamber The Stormwater Treatment Chamber, of which there are 2 StormCeptor Model # STC450i water quality structures or equal, shall be cleaned at least once annually. The system should be inspected and maintained according the manufacturer's specifications. Rinker, the manufacturer of Stormceptor recommends that maintenance be completed on the structures at least once per year, but advises that the units be checked once every three months during the first year to determine the rate of sediment and oil accumulation and to establish an appropriate maintenance schedule. The rate at which the system collects pollutants will depend on site activities. Maintenance or cleaning shall be performed when the stored volume reaches 15% (6 inch sediment depth) of the Stormceptor capacity, when oil (hydrocarbon) has accumulated to 1 inch or greater depth, or immediately in the event of a fuel or oil spill according the manufacturer's specifications. All material removed from the Stormceptor shall be disposed in accordance with applicable local, state, and federal guidelines and regulations. For more detail of how the StormCeptor should be maintained see the StormCeptor's Owner Manual. Subsurface Infiltration Basin The Infiltration basin requires regular removal of accumulated sediment to maintain an optimal rate of infiltration. Pretreatment BMPs (Deep Sump Hooded Catch Basins and Stormwater Treatment Chambers) should be routinely inspected and cleaned at least once a year for overall function and removal of any sediment entering the infiltration system. The subsurface infiltration basin has been incorporated into the stormwater system for the site to specifically receive roof runoff and treated water and, therefore, is not expected to receive large amounts of bulk sediments. Proper maintenance of roof gutters and pretreatment systems will help to protect the integrity of the infiltration basin. See respective maintenance instructions for both pre - treatment systems. After large storms the basin should be inspected for ponding water through the access ports and overall function. If ponding is occurring for longer than 72 hours this may indicate that the basin requires rehabilitation. To rehabilitate a basin, all accumulated sediment must be stripped from the bottom, the bottom of the basin must be scarified and tilled to induce infiltration, and all of the stone aggregate and filter fabric or media must be removed and replaced. Attachment A: Stormwater Facility Maintenance Schedule Page 2 of 3 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: The Gatehouse, Village Hill Project Location: 11 Village Hill Road, Northampton, Massachusetts Assessor's Map, Parcel(s): Map 38A / Lot 107 Owner of the Stormwater System: New Harmony Properties LLC 48 Bates Street Northampton, MA 01060 Shall be responsible for the stormwater management system until such time as the property changes to its final buyer. All responsibilities for maintenance and compliance will remain with the property owner of record. Responsible Party for Operation & Maintenance of Stormwater System New Harmony Properties LLC 48 Bates Street Northampton, MA 01060 Shall be responsible for the stormwater management system until such time as the property changes to its final buyer. All responsibilities for maintenance and compliance will remain with the property owner of record. Financial Responsibility for Operation & Maintenance of Stormwater System: New Harmony Properties LLC 48 Bates Street Northampton, MA 01060 Shall be responsible for the stormwater management system until such time as the property changes to its final buyer. All responsibilities for maintenance and compliance will remain with the property owner of record. Attachment A: Stormwater Facility Maintenance Schedule Page 1 of 3 WITNESS the following signatures and seals: New Harmon Pro'erties LLC Company /Corporation/P. us hip Name (Seal) By: Jonathan A. Wri: t (Type Name) Member (Type Title) COMMONWEALTH OF MASSACHUSETTS County of Hampshire On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was a Driver's License, to be the person whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its stated purpose. NOTARY PUBLIC My Commission Expires: CITY OF NORTHAMPTON By: David Narkewicz, Mayor COMMONWEALTH OF MASSACHUSETTS County of Hampshire On this day of , 20�, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was a Driver's License, to be the person whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its stated purpose. NOTARY PUBLIC My Commission Expires: Approved as to Form: City Solicitor Date Gatehouse - Stormwater O &M Agreement approved 10 -16 -12 — rev 9/18/08 Page stormwater professional as approved by the DPW and submitted to the Northampton Department of Public Works by October each year. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, stormwater systems, berms, outlet structure, pond areas, access roads, etc. Deficiencies and a plan to correct deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management facilities whenever the City deems necessary. The purpose of inspection is to follow -up on reported deficiencies, inspect the stormwater management facilities when amnia] reports have not been submitted and /or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management facilities in good working condition acceptable to the City, and if after notice by the City Engineer to correct a violation requiring maintenance work, satisfactory corrections are not made by the Landowner, its successors and assigns within thirty days, the City may enter upon the Property and perform all necessary work to place the facility in proper working condition and assess the costs of such work and any penalties to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 6. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in perfornance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. 7. This Agreement imposes no liability of any kind whatsoever on the City; and further the Landowner agrees to hold the City harmless from any liability in the event the stormwater management facilities fail to operate properly. 8. The Landowner, its successors and assigns, including any homeowners association, shall provide stormwater management easements as necessary for all areas used for off -site stormwater control, preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100 -year storm event, and access for' facility maintenance and inspection. A list of easements with the purpose and location of each shall be specified in Attachment B. The Landowner, its successors and assigns shall record all easements in the land records of the Hampshire County Registry of Deeds, Commonwealth of Massachusetts. 9. The Landowner, its successors and assigns, shall notify the DPW of any changes in ownership, assignment of financial responsibility, reconstruction of the approved stormwater management facilities and/or amendments to the maintenance schedule described in Attachment A. The maintenance schedule described in Attachment A may be amended to achieve the purpose of the Northampton Stormwater Management Ordinance by mutual agreement of the DPW and the Landowner, its successors and assigns. Amendments shall be in writing and signed by the DPW and all responsible parties. 10. This Agreement shall be recorded by the property owners or at the property owners expense among the land records of Hampshire County, Commonwealth of Massachusetts, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. Gatehouse - Stormwater O&M Agreement approved 10 -16 -12 — rev 9/18/08 Page STORMWATER MANAGEMENT OPERATION MAINTENANCE, AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 THIS AGREEMENT, made and entered into this day of , 20, by and between (Insert Full Name of Owner) New Harmony Properties LLC hereinafter called the "Landowner ", and the City of Northampton, hereinafter called the "City ". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address) 11 Village Hill Road as described as (City of Northampton Assessors Map/Parcel/Lot Number) Ma i 38A / Lot 107 as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book Page , hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as "The Gatehouse" prepared for Wright Builders, Inc. by Berkshire Design Group, Inc.. Plans Ll -L7 dated 8/16/2012 and Kuhn Riddle Architects, Plans A2 -1 & A2 -2 dated 8/16/2012. (Name of PIan/Development) hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City, which provides for the conveyance, treatment, and/or detention of stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of the City of Northampton, Massachusetts, require that on -site stormwater management facilities be constructed and maintained on the Property; and WHEREAS, the City requires that on -site stormwater management facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, in accordance with the Northampton Stormwater Management Ordinance (Chapter 281 of the City's Code of Ordinance), the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on -site stormwater management facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plans and documents reviewed and approved by the Northampton Department of Public Works (DPW). 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management facilities according to the maintenance schedule described in Attachment A. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions and so that water quality standards are met in all seasons and throughout the life of the stormwater system. 3. The Landowner, its successors and assigns, shall inspect the stormwater management facility; and shall submit an annual report documenting the inspection and maintenance of the stormwater management system as certified by a Registered Professional Engineer or other qualified Gatehouse - Stormwater O &M Agreement approved 10 -16 -12 — rev 9/18/08 Page EXHIBIT A Stormwater, Management ,Operation, Maintenance and Inspection Agreement Lot 18 — Reciprocal Easement Agreement (Lot 18) COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. On this day of November, 2012, before me, the undersigned notary public, personally ppeared Jonathan A. Wright and proved to me through satisfactory evidence of identification, which was my personal knowledge of the identity of the principal, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as Manager of New Harmony Properties, LLC, a Massachusetts limited liability company. ,00 0re - (offi Ignature an • of notary) My commissi • expires y'7 -ct 2 o ( S- DAVID t rBLPuOMBc RG ` ky COMMONWEALThNInS My Commlasion Ezpl USE July 09. 2015 t /— '11 03 ..:> l ;iitil:ili?. • Lot 18 — Reciprocal Easement Agreement (Lot 18) / COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. On this II day of November, 2012, before me, the undersigned notary public, personally appeared Richard C.J. Henderson, proved to me through satisfactory evidence of identification, which was my personal knowledge of the identity of the principal, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as Executive Vice President of Massachusetts Development Finance Agency, acting in its capacity as the manager of Hospital Hill Developme LLC, a Delaw. - limi - . liability company. oPP (official signature and 1 of notary) My commission 'Tires 1- (q_ 2.0/T HANNAH L KfLSON Notary Public I i t j COMMONWEALTH OF MASSACHUSETTS \ My Commission Expires September 49, 2019 Lot 18 — Reciprocal Easement Agreement (Lot 18) -18- Executed under seal as of the date first set forth above. HOSPITAL HILL DEVELOPMENT, LLC, a Delaware limited liability company By: MASSACHUSETTS DEVELOPMENT FINANCE AGENCY, its manager B tO y. , Name: Richard C.J. Henderson NEW HARMONY PROPERTIES, LLC, a Massachuse corn.. i By: tIh1 Name�� ►'A � VI(/ 17 ` Its: M. sir ter Duly Authorized Lot 18 —Reciprocal Easement Agreement (Lot 18) -17- aforesaid) addressed to such party at the respective addresses set forth below beside such party's name: (a) To Hospital Hill: c/o Massachusetts Development Finance Agency 160 Federal Street Boston, MA 02110 Attention: Executive Vice President -Real Estate Facsimile: 617 -330 -2001 With a copy to: Massachusetts Development Finance Agency 160 Federal Street Boston, MA 02110 Attention: General Counsel Facsimile: 617 -330 -2054 (b) To Harmony: New Harmony Properties, LLC 48 Bates Street Northampton, MA 01060 Attention: Jonathan A. Wright Facsimile: With a copy to: Fierst, Kane & Bloomberg, LLP 64 Gothic Street, Suite 4 Northampton, MA 01060 Attn: David Bloomberg, Esq. Facsimile: Except that any party may by written notice to other parties designate another address that shall thereupon become the effective address of such party for the purposes of this paragraph. Notice shall be deemed given: (a) three (3) business days after mailed by United States Postal Service; (b) on the next business day if sent by nationally recognized overnight courier; and (c) on receipt if sent by facsimile (and confirmed orally or by mail or overnight courier service as before said). [THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. THE NEXT PAGE IS THE SIGNATURE PAGE.] Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -16- necessary. Upon the completion of any construction or maintenance rights granted hereunder, the party performing such work shall be required to remove all vehicles, materials and equipment from the burdened lot and shall restore any disturbed areas to the substantially same condition that existed immediately prior to exercising such rights. 13.6 All work to be performed hereunder shall be done in a professional and workmanlike manner using quality materials and in accordance with all applicable federal, state, and local laws and regulations. 13.7 This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, and for the breach of which any party shall have all legal remedies allowed or provided under such laws. Any determination of invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement. 13.8 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and may not be changed or modified except as agreed in a writing signed by each of the parties. 13.9 This Agreement and the rights contained herein, including any and all changes or modifications that may be made, shall be binding upon and inure to the benefit of, the parties and their respective heirs, successors and assigns and nothing contained herein will be deemed or construed as a waiver or modification of any other or greater right contained in any lease or sale agreement previously entered into by the parties. 13.10 The covenants and agreements created hereby are intended to be, and shall be deemed to be, covenants running with the land and are not personal to any individual party and shall be deemed to both benefit and burden the HHD Property, including Lot 19, and the Lot 18 respectively, in the manner provided herein. 13.11 Each party hereby agrees that it will execute and deliver any and all assurances of law and other instruments, and take any and all action, which any other party hereto deems necessary or desirable to carry out any term or provision of this Agreement or to continue this Agreement in full force and effect for the term hereof. 13.12 Nothing contained in this Agreement shall be construed to make the parties hereto partners or joint venturers, or to render any party hereto liable for the debts or obligations of any other party hereto. 13.13 All notices and other communications to be given in connection with this Agreement shall be in writing and shall be sent by (a) United States Postal Service, registered or, certified mail, return receipt requested, postage prepaid, (b) nationally recognized overnight courier service guaranteeing overnight delivery; or (c) facsimile transmission (if confirmed orally or in writing by mail or overnight courier service as Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -15- .............. _ amount shall be supported by reasonable documentation), or which shall otherwise be due by either party shall be paid on demand, together with interest thereon at the prime rate published from time to time in the eastern edition of The Wall Street Journal (or comparable publication if The Wall Street Journal does not publish the prime rate during such period) plus two percent (2 %) (the "Default Rate ") from the date of expenditure or the date when same shall have become due to the date of payment thereof in full and shall automatically be and remain (until satisfied) a lien upon the property of the defaulting party. In the event that the non - defaulting party shall incur attorney's fees and/or collection costs in exercising its rights under this Section 13.2 and/or enforcing the lien created hereunder, then such attorney's fees and collections costs shall be included in the amount due and owing to the non - defaulting party and shall bear interest at the Default Rate from the date when same shall have become due to the date of payment thereof in full and shall automatically be and remain (until satisfied) a lien upon the property of the defaulting party. The provisions of this Paragraph, including any claims or liens arising hereunder, shall be in all respects subject and subordinate to the lien of any mortgages at any time or from time to time on the land of the defaulting party and the rights of the holder or holders thereof. 13.3 Unless otherwise set forth herein, Hospital Hill shall have the right to relocate all or any portion of any easements granted on the HHD Property pursuant to this Agreement, provided (i) the entire cost of a new survey and plan, drafting and recording a new grant of easement, and any relocation of roads and utility lines therein, shall be borne solely by Hospital Hill; (ii) Hospital Hill indemnifies and holds Harmony harmless from any loss, damage, or liability arising out of such relocation; and (iii) such relocation shall not materially reduce the value of the Lot 18 or materially interfere with or interrupt existing access or utility services in such portion; and Harmony or its successors or assignee agrees to promptly execute and deliver to Hospital Hill all documents reasonably required to effectuate any such relocation. 13.4 Unless otherwise set forth herein, Harmony shall have the right to relocate all or any portion of any easements granted on the Lot 18 pursuant to this Agreement, provided (i) the entire cost of a new survey and plan, drafting and recording a new grant of easement, and any relocation of roads and utility lines therein, shall be borne solely by Harmony; (ii) Harmony indemnifies and holds Hospital Hill harmless from any loss, damage, or liability arising out of such relocation; and (iii) such relocation shall not materially reduce the value of the HHD Property or materially interfere with or interrupt existing access or utility services in such portion; and Hospital Hill or its successors or assignee agrees to promptly execute and deliver to Harmony all documents reasonably required to effectuate any such relocation. 13.5 The rights granted hereunder shall be exercised in a manner so as not to materially and adversely interfere with either party's use and enjoyment of their respective properties. Any maintenance and repair work proposed by either party shall be done in a manner which minimize the inconvenience or disturbance of the use of the affected easement areas by the affected lot owner; shall be done only after at least five (5) business days prior written notice of the proposed plan of construction, maintenance or repair; and shall provide reasonable accommodation to the affected lot owner, if Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -14- (30) calendar days prior to termination, cancellation or reduction of coverage in the policy. 12.2 During the exercise of any construction or maintenance rights granted hereunder to Harmony, Harmony shall, at its sole cost and expense, maintain the following insurance: (a) Commercial general liability, including personal injury and, if applicable, product liability /completed operations coverage in the minimum amount of One Million Dollars ($1,000,000.00) personal injury, One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general/product /completed operations aggregate; (b) Automobile liability coverage for owned, hired and non -owned vehicles in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence combined single limit; and (d) Workers' compensation for all its employees, with employers' liability of Five Hundred Thousand Dollars ($500,000.00) or more. All policies of insurance shall include the owner of Lot 19 as an additional insured (if Lot 19 is owned by Hospital Hill, then all policies of insurance shall include Hospital Hill Development, LLC, Massachusetts Development Finance Agency and The Community Builders, Inc., as additional insureds), shall be issued by companies licensed or approved by the Commonwealth's Insurance Commissioner and rated A -VII or better in the most recent edition of Best's Insurance Guide with respect to primary levels of coverage and shall be issued and delivered in accordance with Commonwealth law and regulations. Prior to exercising such construction or maintenance rights, Harmony shall deliver to Hospital Hill a certificate evidencing all required policies and endorsements. All insurance policies shall contain an endorsement providing that written notice shall be given to Hospital Hill at least thirty (30) calendar days prior to termination, cancellation or reduction of coverage in the policy. 13. General Provisions 13.1 As used herein, Harmony shall mean and include Harmony and its successors and assigns and Hospital Hill shall mean and include Hospital Hill and its successors and assigns. The foregoing rights and easements shall be exercisable only by Harmony and Hospital Hill and their respective successors and assigns and others to whom said rights and easements may be specifically assigned. 13.2 In the event of any failure by either party to perform, fulfill or observe any agreement herein to be performed, fulfilled or observed by such party, or any breach by either party of any representation or warranty by such party herein, in either event continuing for ten (10) business days after written notice thereof, the other party may, at its election, cure such failure or breach for and on behalf of the defaulting party, and any reasonable amount which the party so electing shall expend for such purpose (which Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -13- absent the express agreement of Hospital Hill and Harmony. Failure of Hospital Hill and Harmony to execute and record such confirmatory easement agreement and plan shall not affect the validity and enforceability of the rights and obligations contained in this Agreement. The parties shall share equally the costs of preparing recording the easement agreement and as-built plans. 11. Future Easements Harmony covenants and agrees for itself and any successors and assigns that if any relocation or future development activities on Lot 19 should require the granting of additional easements or agreements for the benefit of Lot 19, Harmony shall grant the same without the requirement of payment of any fee and without further need of any consent or approval of any other party, in a form reasonably satisfactory to both parties, provided such easements do not materially interfere with Lot 18's use of Lot 18 and do not materially reduce the value of the Lot 18, and are otherwise subject to conditions and requirements set forth in this Agreement. Notwithstanding the foregoing, if the grant of such additional easements or agreements for the benefit of Lot 19 shall cause Harmony to incur any cost or expense, Hospital Hill (or its successors and assigns) shall pay such cost or expense. 12. Insurance Requirement 12.1 During the exercise of any construction or maintenance rights granted hereunder to Hospital Hill, Hospital Hill shall, at its sole cost and expense, maintain the following insurance: (a) Commercial general liability, including personal injury and, if applicable, product liability /completed operations coverage in the minimum amount of One Million Dollars ($1,000,000.00) personal injury, One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general/product!completed operations aggregate; (b) Automobile liability coverage for owned, hired and non -owned vehicles in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence combined single limit; and (c) Workers' compensation for all its employees, with employers' liability of Five Hundred Thousand Dollars ($500,000.00) or more. All policies of insurance shall include Harmony an additional insured, shall be issued by companies licensed or approved by the Commonwealth's Insurance Commissioner and rated A -VII or better in the most recent edition of Best's Insurance Guide with respect to primary levels of coverage and shall be issued and delivered in accordance with Commonwealth law and regulations. Prior to exercising such construction or maintenance rights, Harmony shall deliver to Hospital Hill a certificate evidencing all required policies and endorsements. All insurance policies shall contain an endorsement providing that written notice shall be given to Hospital Hill at least thirty Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -12- items from the recycling receptacles so as to insure that the Dumpster Easement Area is maintained at all times in a neat, sanitary and orderly fashion. 8.4 For so long as Lot 19 is owned by Hospital Hill, Harmony shall be solely responsible for all costs and expenses associated with the Dumpster Easement area, including but not limited to, the maintenance of the dumpster enclosure, the dumpster, and any recycling receptacles. At the conveyance of Lot 19, the successor in title to Hospital Hill shall enter into a maintenance agreement with Harmony concerning the Dumpster Easement area and the use thereof. At the conveyance of Lot 19, Harmony and Hospital Hill's successor in title to Lot 19 shall enter into a maintenance agreement providing for the allocation of all cost and expenses associated with the Dumpster Easement area based on the uses or proposed uses of each Lot. Harmony shall be commercially reasonable in its negotiation thereof. Absent any maintenance agreement, Harmony shall be reimbursed for one half of the costs of any maintenance and/or repair by the owner of Lot 19 upon the delivery of a written invoice setting forth in reasonable detail the cost of such maintenance and/or repair. Such reimbursement shall be due and payable within thirty (30) days of receipt of the invoice and sufficient supporting documentation. 9. Parking Easement 9.1 Hospital Hill hereby grants to Harmony and all persons claiming by, through or under Harmony, for the appurtenant benefit of Lot 18, a perpetual and non- exclusive right and easement in, through, over, across and on the area on the property known as Lot 17 and Lot 20 -A as shown on the plan entitled "Dedicated Parking Delineation" as the owner of Lot 20 -A and pursuant to the parking easement rights granted to Hospital Hill pursuant to a certain Reciprocal Easement Agreement by and between Hospital Hill Development LLC and TCB Village at Hospital Hill LLC dated as of October 8, 2004 and recorded in the Registry at Book 8030, Page 172, as amended by the First Amendment to Reciprocal Easement Agreement dated March 24, 2005 (the "First Amendment ") and recorded at the Registry in Book 8248, Page 40 on May 5, 2005; as further amended by the Second Amendment to Reciprocal Easement Agreement dated August 28, 2006 (the "Second Amendment ") and as further amended by the Third Amendment to Reciprocal Easement Agreement dated November 14, 2012 (the "Third Amendment ") to be recorded in the Registry herewith, for the purpose of parking vehicles on a temporary basis in three designated parking spaces to be located in the parking area depicted on the Dedicated Parking Delineation Plan ( "Parking Easement "). The designated parking spaces shall be as shown on the parking plan attached hereto as Exhibit G. The Parking Easement shall terminate, if and when, Lot 19 is conveyed to the owner of Lot 18 or an affiliate of the owner of Lot 18. 10. Confirmatory Easement Agreement Upon completion of the any of the easements established by this Agreement, a confirmatory easement agreement and as-built plan showing the exact locations of such improvement may be executed and recorded by the parties. Such confirmatory easement agreement shall not otherwise modify the rights and obligations under this Agreement Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -11- ANR Plan, as more fully described on Exhibit E attached hereto and incorporated herein by reference, with pedestrian and vehicular access thereto. This grant of easement includes the right to enter onto Lot 18 with any and all material and equipment necessary for the installation, maintenance, repair, replacement and/or upgrade of the Telephone Infrastructure. 7.2 In exercising its rights hereunder, Hospital Hill shall perform such work (or cause such work to be performed) in accordance with all applicable federal, state and local laws or regulations, in a prudent and safe manner, at its sole cost and expense, and shall not to cause or suffer any lien for non - payment of services or materials to be asserted or recorded or perfected or otherwise affecting or otherwise attaching to Lot 18, and without limitation, upon such recording, perfecting or attachment will cause the same to be discharged and released of record immediately, and, upon completion of such work, shall restore the Telephone Utility Easement Area to substantially the same condition as existed prior to Hospital Hill's work thereon. 8. Dumpster Easements 8.1 Hospital Hill hereby grants to Harmony and all persons claiming by, through or under Harmony, for the appurtenant benefit of Lot 18, a perpetual and exclusive right and easement, in, through, over, under and across the area shown on the ANR Plan as the "Dumpster Easement ", as more particularly described on Exhibit F attached hereto and incorporated herein by reference, for the purpose of installing and maintaining a suitable enclosure for the dumpster to be located in the Dumpster Easement area and for the storing of a dumpster(s) and recycling receptacle(s0 for the refuse and recycling materials of the occupants of the building to be located on the Lot 18 and Lot 19 ( "Dumpster Easement "). The Dumpster Easement shall include a right of access on, over, and across Lot 19 in order to access any dumpster or recycling receptacles thereupon and to install and maintain the dumpster enclosure as required by Section 8.3. 8.2 Harmony hereby grants to Hospital Hill and all persons claiming by, through or under Hospital Hill, for the appurtenant benefit of Lot 19, a perpetual and non- exclusive right and easement in, through, over, across and on Lot 18 (" HHD Dumpster Easement ") for the purpose of accessing the front entrance of the dumpster enclosure and to maintain, if necessary, the enclosure, to be constructed by Harmony pursuant to Section 8.3, for a dumpster(s) and recycling receptacle(s) for the storage of refuse and recycling materials for the occupants of the buildings on Lot 18 and Lot 19, in the event that, Harmony fails to maintain the enclosure pursuant to Section 8.3. Harmony shall post appropriate signage on or around the front entrance of the dumpster enclosure to prevent any obstruction of such entrance and shall not permit any such obstruction. 8.3 Harmony shall install a suitable enclosure within the Dumpster Easement Area in accordance with plans approved by Hospital Hill, which approval will not be unreasonably withheld or delayed, and shall install and maintain in good condition a dumpster and recycling receptacles sufficient for the rubbish removal and recycling needs of the occupants of Lot 18 and Lot 19. Harmony shall arrange for the timely, periodic removal and proper disposal of rubbish and waste from the dumpster and of recycling Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -10- maintenance, repair, replacement and/or upgrade of water mains and curb stops, sewer mains, utility lines, conduits, piping, sleeves, and other utility equipment (collectively, the "Infrastructure "), in, over, through, under and across the area on Lot 18 shown as "Utility Easement" on the ANR Plan, as more particularly described on Exhibit D attached hereto and incorporated herein by reference, with pedestrian and vehicular access thereto. This grant of easement includes the right to enter onto Lot 18 with any and all material and equipment necessary for the installation, maintenance, repair, replacement and/or upgrade of the Infrastructure. 6.2 In exercising its rights hereunder, Hospital Hill shall perform such work (or cause such work to be performed) in accordance with all applicable federal, state and local laws or regulations, in a prudent and safe manner, at its sole cost and expense, and shall not to cause or suffer any lien for non- payment of services or materials to be asserted or recorded or perfected or otherwise affecting or otherwise attaching to Lot 18, and without limitation, upon such recording, perfecting or attachment will cause the same to be discharged and released of record immediately, and, upon completion of such work, shall remove all vehicles, materials and equipment from Lot 18 and shall restore any area disturbed by such work to substantially the same condition as existed prior to Hospital Hill's work thereon. 6.3 As part of its construction of improvements on Lot 18, Harmony shall install underground water service pipes and telephone conduits ( "Utility Infrastructure ") for the benefit of Lot 19 in the Utility Easement area. Such Utility Infrastructure shall extend five (5) feet from the Lot 18 property line into Lot 19. Hospital Hill hereby grants to Harmony a temporary, non - exclusive right and easement over, under, through and across portions of Lot 19 adjacent to the Utility Easement area to effectuate such Utility Infrastructure installation ( "Temporary Utility Access Easement"). In exercising its rights hereunder, Harmony shall perform such work (or cause such work to be performed) in accordance with all applicable federal, state and local laws or regulations, in a prudent and safe manner, at its sole cost and expense, and shall not to cause or stiffer any lien for non - payment of services or materials to be asserted or recorded or perfected or otherwise affecting or otherwise attaching to Lot 19, and without limitation, upon such recording, perfecting or attachment will cause the same to be discharged and released of record immediately, and shall remove all vehicles, materials and equipment from Lot 19 and, upon the completion of any such work, restore any area disturbed by such work to substantially the same condition as existed immediately prior to Harmony's work thereon. 7. Telephone Utility Easement 7.1 Harmony hereby grants to Hospital Hill and all persons claiming by, through or under Hospital Hill, including any utility company, for the appurtenant benefit of the HHD Property, a perpetual, non - exclusive, right and easement for the installation, maintenance, repair, replacement and/or upgrade of telephone utility lines, conduits, and other utility equipment (collectively, the "Telephone Infrastructure "), in over, through, under and across the area on Lot 18 shown as "Telephone Utility Easement Area" on the Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -9- cables from Olander Drive to the transformer to be located on Lot 19 in the area noted on the ANR Plan as "Transformer Easement area" (the "Electric Utility Easement "). The Electric Utility Easement area shall be approximately 150 feet by 20 feet centered on the conduits to be installed in such area. This grant of easement includes the right to enter onto Lot 18 with any and all vehicles, material and equipment necessary to install and construct the utilities within the Electric Utility Easement area. In exercising its rights hereunder, Hospital Hill shall perform such work (or cause such work to be performed) in accordance with all applicable federal, state and local laws or regulations, in a prudent and safe manner, at its sole cost and expense, and shall not to cause or suffer any lien for non - payment of services or materials to be asserted or recorded or perfected or otherwise affecting or otherwise attaching to Lot 18, and without limitation, upon such recording, perfecting or attachment will cause the same to be discharged and released of record immediately, and shall remove all vehicles, materials and equipment from Lot 18 and, upon the completion of any electrical utility work, restore any area disturbed by such work to substantially the same condition as existed immediately prior to Hospital Hill's work thereon . 5.2 Hospital Hill hereby grants to Harmony and all persons claiming by, through or under Harmony, for the appurtenant benefit of Lot 18, a perpetual, non- exclusive, right and easement for the installation, maintenance, repair, replacement and/or upgrade of electric conduits and cables from Lot 18 in, over, through, under and across Lot 19 to the transformer to be located approximately in the area noted on the ANR Plan as "Transformer Easement" (the "Transformer Easement "), as more particularly described on Exhibit C attached hereto and incorporated herein by reference. In exercising its rights hereunder, Harmony shall perform such work (or cause such work to be performed) in accordance with all applicable federal, state and local laws or regulations, in a prudent and safe manner, at its sole cost and expense, and shall not to cause or suffer any lien for non - payment of services or materials to be asserted or recorded or perfected or otherwise affecting or otherwise attaching to Lot 19, and without limitation, upon such recording, perfecting or attachment will cause the same to be discharged and released of record immediately, and shall remove all vehicles, materials and equipment from Lot 19 and, upon the completion of any such work, restore any area disturbed by such work to substantially the same condition as existed immediately prior to Harmony's work thereon. 5.3 No owner of either Lot shall use the Transformer Easement area or the Electric Utility Easement area in such a way as to obstruct or interfere with the other Lot Owner's access to such area for the purpose of maintaining, repairing, replacing or upgrading the utility equipment therein. 6. Utility Easements 6.1 Harmony hereby grants to Hospital Hill and all persons claiming by, through or under Hospital Hill, including any utility company, for the appurtenant benefit of Lot 19, a perpetual, non- exclusive, right and easement for the installation, Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -8- ti situated on Lot 19 exclusively provides vehicular and pedestrian access to and egress from Lot 19. In such event, this Access Easement shall terminate. 3.4 Harmony will pay when due all bills for labor and materials pertaining to the construction of the Lot 18 Driveway, and prevent any lien based on any of the foregoing from being recorded or perfected or otherwise affecting or otherwise attaching to HHD Property, and without limitation, upon any such recording, perfecting or attachment, will cause the same to be discharged and released of record immediately. 4. Grading Easements 4.1 Hospital Hill hereby grants to Harmony and all persons claiming by, through or under Harmony, for the appurtenant benefit of Lot 18, a temporary easement in, through, over, under and across the area on Lot 19 shown on the ANR Plan as "Grading Easement ", as more particularly described on Exhibit B attached hereto and incorporated herein, for the purpose of constructing the grading required for the construction of the parking lot electric transformer, dumpster enclosures and landscaping area to be located on Lot 18 (the "Grading Easement "). Such grading shall be done in accordance with the Site Plan Approval. 4.2 Hospital Hill hereby grants to Harmony and all persons claiming by, through or under Harmony, for the appurtenant benefit of Lot 18, a temporary, non- exclusive, access easement over, through and across Lot 19, for the purpose of constructing the necessary grading in the area of the ANR Plan labeled as "Grading Easement" ( "Grading Access Easement"). This grant of easement includes the right to enter onto Lot 19 with any and all material and equipment necessary to perform the necessary grading. In exercising its rights under this Grading Access Easement, Harmony shall use, to the extent practicable, the driveway and parking lot area of Lot 18 to access the Grading Easement Area. Upon completion of the grading work required by the Site Plan Approval, Harmony shall remove all vehicles, materials and equipment from Lot 19 and shall restore any area disturbed by such grading work to the substantially same condition that existed immediately prior to such grading work. 4.3 Neither Hospital Hill or any successor or assign shall alter the grade in the Grading Easement area in a manner that is materially adverse to Lot 18 without the prior written approval of Harmony. 4.4 The Grading Easement and the Grading Access Easement shall terminate upon the earlier of: (i) issuance of any certificate of occupancy for the building to be constructed on Lot 18, or (ii) one year from the date of this Agreement. 5. Transformer Easements 5.1 Harmony hereby grants to Hospital Hill and all persons claiming by, through or under Hospital Hill, including any utility company, for the appurtenant benefit of Lot 19, a perpetual, non - exclusive, right and easement for the installation, maintenance, repair, replacement and upgrade of underground electric conduits and Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -7- maintenance and repair required hereunder and shall be reimbursed for fifty percent (50 %) of the costs of such maintenance and/or repair by the owner of Lot 19 upon the delivery of a written invoice setting forth in reasonable detail the cost of such maintenance and/or repair. Such reimbursement shall be due and payable within thirty (30) days of receipt of the invoice and sufficient supporting documentation. 3. Driveway Access Easement 3.1 Harmony hereby grants to Hospital Hill and all persons claiming by, through or under Hospital Hill, for the appurtenant benefit of Lot 19, a perpetual and non- exclusive right and easement in, through, over and across the area on the Lot 18 shown on the ANR Plan as "Driveway Access Easement" for the purpose of vehicular and pedestrian access to and egress from Lot 19 (the "Access Easement "). Hospital Hill and all persons claiming by, through or under Hospital Hill, shall have the right in common with others to use the Access Easement for all purposes for which private commercial driveways are commonly used including, without limitation, for purposes of pedestrian and vehicular access to Lot 19. Harmony and Hospital Hill agree that the rights contained herein are designed to afford continuous and unobstructed use of the Access Easement. Harmony shall not change the layout or configuration of the Access Easement without the prior written consent of Hospital Hill. Harmony agrees that no improvements, structure or trees shall be erected or planted on the Access Easement, unless the parties mutually agree otherwise. 3.2 Harmony shall design, permit, and construct the driveway within the Driveway Access Easement (hereinafter referred to as the "Lot 18 Driveway "), at its sole cost and expense, in accordance with the Site Plan Approval and all applicable federal, state, and local laws, rules, codes or regulations. Harmony shall perform such work (or cause such work to be performed) in a good and workmanlike manner and at its sole cost and expense and shall not to cause or suffer any lien for non- payment of services or materials to be asserted or placed on Lot 19. 3.3 Harmony shall be responsible for the maintenance and upkeep of the Lot 18 Driveway, including, but not limited to, snow plowing, and shall pay all of the costs and expenses related thereto. Upon the conveyance of Lot 19 by Hospital Hill to a third - party developer and provided that the Lot 18 Driveway is used as a means of access to and egress from Lot 19, then the owners of Lots 18 and 19 shall share the maintenance and upkeep expenses of the Lot 18 Driveway equally. At the conveyance of Lot 19, Harmony and Hospital Hill's successor in title to Lot 19 shall enter into a maintenance agreement providing for such contribution. Harmony shall be commercially reasonable in its negotiation thereof. Absent any maintenance agreement, Harmony shall be reimbursed for one half of the costs of any maintenance and/or repair by the owner of Lot 19 upon the delivery of a written invoice setting forth in reasonable detail the cost of such maintenance and/or repair. Such reimbursement shall be due and payable within thirty (30) days of receipt of the invoice and sufficient supporting documentation. Neither a maintenance agreement nor contribution shall be required where a separate driveway Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -6- thirty -five percent (35 %) of the costs of maintaining and/or repairing the Infiltration System, not including the outfall/overflow pipe, by the owner of Lot 19 upon the delivery of a written invoice setting forth in reasonable detail the cost of such maintenance and/or repair. In the event that the owner of Lot 19 obtains approval to increase its amount of discharge into the Infiltration System pursuant to Section 1.2 hereof and redesigns the Infiltration System to accommodate such increased discharge, then the aforementioned reimbursement rate shall be modified to equal the proportion of each lots allotted discharge into the modified Infiltration System to the total capacity of the Infiltration System, as calculated by a professional engineer, in writing, to the lots owners as part of the approval process. (ii) Harmony shall be reimbursed for fifty percent (50 %) of the costs of maintaining and/or repairing the outfall/overflow pipe by the owner of Lot 19 upon the delivery of a written invoice setting forth in reasonable detail the cost of such maintenance and/or repair. Such reimbursement shall be due and payable within thirty (30) days of receipt of the invoice and sufficient supporting documentation. (iii) Notwithstanding the foregoing reimbursement rates, in the event that any negligent act, omission or willful misconduct of either the owner of Lot 18 or the owner of Lot 19 causes any damage to the Infiltration System or requires any additional maintenance or repair to the infiltration System, then, in such instance, the responsible Lot Owner shall be responsible for 100% percent of the costs of such repair, replacement or maintenance which shall be due and payable within thirty (30) days of receipt of the invoice and sufficient supporting documentation. 2.3 Harmony hereby grants to Hospital Hill and all persons claiming by, through or under Hospital Hill, for the appurtenant benefit of Lot 19, a perpetual and non- exclusive right and easement to access Lot 18 for the purpose of repairing, replacing and maintaining the Infiltration System to the extent Harmony fails to perform its maintenance obligations under Sections 2.1 and 2.2. This grant of easement includes the right to enter onto Lot 18 with any and all material and equipment necessary to install, maintain, repair, replace and/or upgrade the Infiltration System. Upon the completion of any construction or maintenance rights granted hereunder, Hospital Hill shall be required to remove all vehicles, materials and equipment from Lot 18 and shall restore any disturbed areas to the substantially same condition that existed immediately prior to exercising such rights. 2.4 Harmony shall be responsible for the maintenance, repair, replacement and/or upgrade of the underground drainage pipes to be located in the Underground Infiltration System Easement U -2 area (the "Lot 19 Underground Drainage Pipes "). Upon completion of the construction of any building on Lot 19, the parties shall share equally the cost of the maintenance, repair, replacement and/or upgrade of the Lot 19 Underground Drainage Pipes. Harmony shall be responsible for the performance of all Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -5- omission or willful misconduct arising out of or relating to the use of or discharge into the underground drainage pipe system on Lot 19 by Harmony or any person acting by, through or under Harmony. 1.7 To the fullest extent permitted by law, Hospital Hill shall protect, defend, indemnify, and save harmless Harmony, its agents, contractors, employees, customers, servants, licensees, invitees, mortgagees, assignees, tenants, or occupants (the "Harmony Indemnities ") from and against all liabilities, obligations, damages, penalties, claims, causes of action, costs, charges and expenses, including, without limitation, all reasonable attorneys' fees and expenses, which may be imposed upon or incurred by or asserted against the Harmony Indemnities as a result of or arising out of any negligent act or omission or willful misconduct arising out of or relating to the use of or discharge into the Infiltration System on Lot 18 by Hospital Hill or any person acting by, through or under Hospital Hill. 1.8 Hospital Hill will pay when due all bills for labor and materials pertaining to its construction of its underground drainage pipe connection to the Infiltration System, and prevent any lien based on any of the foregoing from being recorded or perfected or otherwise affecting or otherwise attaching to Lot 18, and without limitation, upon any such recording, perfecting or attachment, will cause the same to be discharged and released of record immediately. 1.9 Harmony will pay when due all bills for labor and materials pertaining to its construction of its underground drainage pipe connection to the underground drainage pipe on Lot 19 and to the installation of the underground drainage pipe in the Underground Infiltration System Easement U -2 area, and prevent any lien based on any of the foregoing from being recorded or perfected or otherwise affecting or otherwise attaching to Lot 19, and without limitation, upon any such recording, perfecting or attachment, will cause the same to be discharged and released of record immediately. 2. Maintenance of Underground Infiltration System and Drainage Pipes 2.1 All maintenance of the Infiltration System shall be performed in accordance with the terms and conditions of the Stormwater Management Operation, Maintenance and Inspection Agreement ( "SOMIA ") by and between New Harmony Properties LLC and the City of Northampton which shall be in a form substantially similar to Exhibit A attached hereto and incorporated herein by reference and as it may be amended from time to time. The SOMIA shall be effective upon its recording in the Hampshire County Registry of Deeds. 2.2 Upon completion of the construction of any building on Lot 19, the parties shall share the cost of maintaining and repairing the Infiltration System, including the outfall/overflow pipe. (i) Harmony shall be responsible for the performance of all maintenance and repair required hereunder. Harmony shall be reimbursed for Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -4- prior to the completion of any impervious construction on Lot 19 that will result in the increased discharge to the Infiltration System. 1.3 Hospital Hill hereby grants to Harmony and all persons claiming by, through or under Harmony, for the appurtenant benefit of Lot 18, a permanent and non- exclusive right and easement over, through, across, on and under Lot 19 to install and maintain the underground drainage pipes in the area shown on the ANR Plan as the "Underground Infiltration System Easement U -2" (the "Drainage Pipe Easement "). This grant of easement includes the right to enter onto Lot 19 with any and all material and equipment necessary to install, maintain, repair, replace and/or upgrade the underground drainage pipes. Upon the completion of any construction or maintenance rights granted hereunder, Harmony shall be required to remove all vehicles, materials and equipment from Lot 19 and shall restore any disturbed areas to the substantially same condition that existed immediately prior to exercising such rights. 1.4 Hospital Hill hereby grants to Harmony and all persons claiming by, through or under Harmony, for the appurtenant benefit of Lot 18, a perpetual and non- exclusive right and easement to connect, at the property line of Lots 18 and 19, underground drainage pipes to the underground drainage pipes to be located on Lot 19 in the area shown on the ANR Plan as the "Underground Infiltration System Easement U- 2 ", and to discharge on -site stormwater into the underground drainage pipe system located in the Underground Infiltration System Easement U -2 area ( "Harmony Discharge Easement ") in conformance with the Site Plan Approval dated September 29, 2012 for the proposed level of development approved as part of the Site Plan Approval. This grant of easement includes the right to enter onto Lot 19 with any and all material and equipment necessary to install, maintain, repair, replace and/or upgrade the underground drainage pipes. Upon the completion of any construction or maintenance rights granted hereunder, Harmony shall be required to remove all vehicles, materials and equipment from Lot 19 and shall restore any disturbed areas to the substantially same condition that existed immediately prior to exercising such rights. 1.5 Hospital Hill and Harmony agree that the rights contained herein are designed to afford reasonably continuous and unobstructed access to and use of the Infiltration System in Lot 18 and underground drainage pipe system in Lot 19. It being agreed that the exercise of any rights hereunder and the performance of any necessary work in connection therewith shall be done in a manner so as not to materially and adversely interfere with the easement rights of either party as set forth herein and so as not to interfere materially with the conduct of the business of either party. 1.6 To the fullest extent permitted by law, Harmony shall protect, defend, indemnify, and save harmless Hospital Hill, its managers, members, agents, contractors, employees, servants, invitees, mortgagees, assignees, or licensees, (the "Hospital Hill Indemnitees ") from and against all liabilities, obligations, damages, penalties, claims, causes of action, costs, charges and expenses, including, without limitation, all reasonable attorneys' fees and expenses, which may be imposed upon or incurred by or asserted against the Hospital Hill Indemnities as a result of or arising out of any negligent act or Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx -3- WHEREAS, Hospital Hill and Harmony desire to confirm arrangements for the use of a underground stormwater infiltration structure, the construction and use of certain grading areas, underground utility lines to service the Lot 18 and portions of the HHD Property and access rights to and from Lot 19. AGREEMENTS NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Underground Infiltration System Easements 1.1 Harmony hereby grants to Hospital Hill and all persons claiming by, through or under Hospital Hill, for the appurtenant benefit of Lot 19, a perpetual and non- exclusive right and easement to install and maintain underground drainage outlet pipes within the area of Lot 18 shown on the ANR Plan as the "Underground Infiltration System Easement Area U -1" for the purpose of connecting to and discharging on -site stormwater into an underground infiltration system ( "Infiltration System ") to be located within the Underground Infiltration System Easement Area (the "Stormwater Drainage Easement ") and serving Lot 18 and Lot 19. This grant of easement includes the right to enter onto Lot 18 with any and all material and equipment necessary to install, maintain, repair, replace and/or upgrade the underground drainage pipes. Upon the completion of any construction or maintenance rights granted hereunder, Hospital Hill shall be required to remove all vehicles, materials and equipment from Lot 18 and shall restore any disturbed areas to the substantially same condition that existed immediately prior to exercising such rights. 1.2 Harmony hereby grants to Hospital Hill and all persons claiming by, through or under Hospital Hill, for the appurtenant benefit of Lot 19, a perpetual and non- exclusive right and easement to connect underground drainage outlet pipes to the Infiltration System and to discharge on -site stormwater into the Infiltration System ( "Lot 19 Discharge Easement "). Under the Lot 19 Discharge Easement, Hospital Hill shall be permitted to discharge on -site stormwater in an amount not to exceed 1822 CF as set forth in the letter to D. McDonald from B. Darnold dated August 24, 2012 regarding Lot 18 Infiltration Basin Design Methodology ( "Lot 19 Discharge Level "). If the proposed development of Lot 19 will increase the amount of on -site stormwater discharge into the Infiltration System above the Lot 19 Discharge Level, then such increased discharge shall be permissible hereunder only if Hospital Hill obtains: (i) the prior approval of the City of Northampton Department of Public Works as demonstrated by the issuance of a Stormwater Management Permit (or other form of written approval) authorizing such discharge; and (ii) the prior written approval of Harmony which approval shall not to be unreasonably withheld, conditioned or delayed. Hospital Hill shall cause the Infiltration System to be redesigned and reconstructed to accommodate such increase in discharge at no cost or expense to Harmony. Such construction or enlargement shall be completed Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx � t I HH 114 , 11111111 1111111111111 1111 11111111 11 1 1 1 1 1 1 11111 l 11 � 1 11 2012 0 28784 Bk: 11131 Pg: 72 Page: 1 of 33 Recorded: 11/27/2012 09:28 AM RECIPROCAL EASEMENT AGREEMENT This Reciprocal Easement Agreement ("Agreement") is dated as of this z& day of November, 2012, by and between the Hospital Hill Development LLC, a Delaware limited liability corporation, having its principal place of business c/o Massachusetts . Development Finance Agency, 160 Federal Street, Boston, Suffolk County, Massachusetts 02110 ( "Hospital Hill") and New Harmony Properties, LLC., a Massachusetts limited liability corporation, having its principal place of business at 48 Bates Street, Northampton, Massachusetts 01060 ( "Harmony "). RECITALS WHEREAS, Hospital Hill Development LLC is the owner of the land, and t improvements thereon, known as Village at Hospital Hill, Northampton, Hampshire County, Massachusetts, and more particularly described in a deed dated November 25, 2002 and recorded in the Hampshire Country Registry of Deeds at Book 6925, Page 302 and shown as Parcel H on that certain plan entitled "Boundary Survey of Land of the Commonwealth of Massachusetts formerly the Northampton State Hospital, % . % Northampton, Massachusetts" dated December 17, 1996, last revised December 18, 1997, prepared by Roberge Associates Land Surveying and recorded with the Hampshire County Registry of Deeds in Plan Book 183, Pages 1 through 6 ( "HHD Property "). WHEREAS, Harmony is the owner of the land located adjacent to HHD Property at Village Hill Road/Olander Drive, Northampton, Hampshire County, Massachusetts, which property is more particularly shown as Lot 18 (REV 2) on a plan entitled "Plan of Land, Northampton, MA, Lot Division Plan", prepared for Mass. Development c/o Hospital Hill, LLC dated October 31, 2012 by Gale Associates, Inc. and by Sherman & Frydryk, Land Surveying and Engineering, and recorded in the Hampshire County Registry of Deeds Plans z�, Page {,O (the "Lot 18 ") and more particularly described in a deed from Hospital Hill to Harmony, dated November " , 2012 and recorded with the Hampshire County Registry of Deeds at Book /1 / 3 / , Page 5 ; WHEREAS, a portion of HHD Property located adjacent to Lot 18 is a lot known as "Lot 19" as shown on the ANR Plan; and Lot 18 - Reciprocal Easement Agreement (Lot 18) v6.docx Wright Builders, Inc. A L 1 J n C 7 [3811ffirt, 48 Bates Street i llJ^"`}} u Northampton, Ma 01060 Date 11/27/2012 Job No. 12 -323 Attention: (413) 586 - 8287 Re: Fax (413) 587 - 9276 Gatehouse, Villa•e Hill 11 Villa•e Hill Road —_ To: Louis Hasbrouck / Chuck Miller Northampton, MA 01060 Northampton Bldg Dept / S' v We are Sending You f' Attached Under Separate Cover via 0 6 4-✓ The Following Items: Shop Drawings Prints I Plans i Samples Specifications Copy of Letter Change Order Copies Date No. Description 1 11/26/12 Recorded - Reciprocal Easement Agreement Book 11131, Pg 72 These are Transmitted as checked below: For approval - Approved as submitted " Resubmit copies for approval For your use Approved as noted Submit copies for distribution yi As Requested Returned for corrections ! Return corrected prints For review and comment FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US Remarks Hi Louis, This reciprocal easement agreement provides access and cross access between Lots 18 and 19. This agreement closes out Condition #2 of the PB Decision for this property. Also - the property closing was yesterday, 11/26/12, the Deed was recorded today, 11/27/12. Book 11131, Pg 52. I will be dropping off the Stormwater O &M Agreement to Doug McDonald to start the process of Mayor's signature to recording. (Condition #3) Thank you Copy to File Signed: Linda Gaudreau City of Northampton *` ✓� Massachusetts 4 �►- ' 'c 4 emir , . ,. a * DEPARTMENT OF BUILDING INSPECTIONS 4, 212 Main Street • Municipal Building s '" + , Northampton, MA 01060 1 N.r. PECTC,. Louis Hasbrouck Fax: 413- 587 -1272 Chuck Miller Building Commissioner Phone: 413- 587 -1240 Assistant Commissioner PRIMARY CONSTRUCTION CONTROL DOCUMENT FOR DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE Project Title: ._.. 44 d `'sk.._ Date: l /I f f f 2-- Project Location: 1 /) fi t -44 `F IC_ 11-t -- 2 P P. Map Parcel: Zone: R Scope of Project: -1---J M t x ao U S U / t_A /H t-4 In accordance with the Eighth edition Massachusetts State Building Code, 780 CMR Section 107.6: 7 1, C,L/A-ez.,c3 l`� e TS t - Mass. Registration # / o/ 5 , being a registered professional Engineer /Architect hereby CERTIFY that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: [ Entire Project [ ] Architectural [ 1 Structural [ ] Mechanical [ ] Electrical [ ] Fire Protection [ 1 Other (specify) for the above named project and that to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and all applicable Laws for the proposed project. Furthermore, 1 understand and AGREE that 1 or my designee) shall perform the necessary professiona'. services and be present on the construction site on a regular and periodic basis to determine that the work is proceeding in accordance with the documents approved by the building permit and shall be responsible for the following as specified in 780 CMR Section 10'.6.22 f8``' edition) as applicable: 1 . Review, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2.) Perform the duties for registered design professionals in Chapter 17.. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the construction documents and this code. Upon completion of the work, I shall submit to the building official a final report as to the satisfactory Completion of the above mentioned work. Sign and Se of egistered Professional �g� d r t t 1010" ) Day of D eTvei 2_ 20 / Z-- F 41• sy , ' 1 lip / (seal) „„.,,...., TA C 14444444,44044 , , - 1 Ti.sz v 1, 1 ,, , 1. ',,,,:.7 - . : P4& 5irteagi. ' 044 A41 4€* L, R 1301 $, Hi444444414 02109-1619 P, (61?) 727 -3200 F (617) 727 -S732 S1 ( 0NDARl c otisTRt (T10\ (o\ FR01_ 1)0(1 \11-.NT ttor Ptrri . I:nUlCil,r \f:Iiltc:l” Ir; I( (`111v ;; roffion r`1 ;i3OI∎11r$llLYl Ili!•ILC( 1 f'1,'ILVI 1 Ilk (iatc 1 Irqu,k, 1 ,rl is f>aiC OClrrhi'I al. 21111' 1'10)Cl1_ n Northampton. `11ay,.rrhu,L•lt, Slope )11 ProiL'LI'. Additions, and K,2110\ation� IN ACCORDANCE WITH SECTION 107 6.2 .2 OF THE MASSACHUSETTS STATE BUILDING CODE. 8 ' EDITION. I Charles P. Sharpies, P.E. MASS, REGISTRATION NO. 28940 BEING A REGISTERED PROFESSIONAL ARCHITECT /ENGINEER HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS. COMPUTATIONS AND SPECIFICATIONS CONCERNING. ENTIRE PROJECT ARCHITECTURAL STRUCTURAL MECHANICAL X FIRE PROTECTION ELECTRICAL OTHER (specify) FOR THE ABOVE NAMED PROJECT AND THAT. TO THE BEST OF MY KNOWLEDGE SUCH PLANS COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE. ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS FOR THE PROPOSED PROJECT I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 107.6.2.2 1 Review of shop drawings. samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit. and approval for conformance to the design concept 2. Review and approval of the quality control procedures for all code- required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. PURSUANT TO SECTION 107.6.2.2. I SHALL SUBMIT PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE INSPECTION SERVICES DEPARTMENT. UPON COMPLETION OF THE WORK. I SHALL SUBMIT A FINAL REPORT AS TO THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANCY. ek ert A i, / 1.-/ V ! ' Signature It S :SCRIBED . ND WO'N TO BEFORE ME THIS ?DAY OF J■ : 20. 4 ,Z, / 4.... , MY COMMI SS ION EXPIRES /r, /G' "4 A' PU:LIC Signature and Seal of rriislered Ilrotc tt . LEL Wright 1. jEE OP D A ]� - L Builders, Inc. o Z 48 Bates Street oo Northampton, Ma 01060 9 -1v3 3 or Date 11/9/2012 Job No. 12 -323 0 6 4/1 C ttention: (413) 586 -8287 0 e: Fax (413) 587-9276 tehouse - Full Permit o , � \ � t illage Hill Road To: Louis Hasbrouck / Chuck Miller �' Northampton, MA 01060 Northampton Bldg Dept We are Sending You f Attached Under Separate Cover via The Following Items: Shop Drawings Prints Plans Samples Specifications Copy of Letter r� Change Order Copies Date No. Description To be added to the bldg permit application pkg: Secondary Construction Control Document: 1 11/9/12 Fire Protection - Lindgren & Sharpies - Charles P. Sharples Primary Construction Constrol Document for Design Professional in Responsible Charge: 1 10/1/12 Entire Project - Kuhn Riddle Architects - Charles W. Roberts These are Transmitted as checked below: For approval Approved as submitted Resubmit copies for approval For your use Approved as noted Submit copies for distribution As Requested Returned for corrections Return corrected prints For review and comment 4 FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US Remarks Copy to File Signed: Linda Gaudreau 3gR - / RECEIVED � 1 J E C)11 D ARR. L L Jn Wright Builders, Inc. 48 Bates Street ' 2 Northampton, Ma 01060 • ate 11/1/2012 'Job No. 12 -323 ttention: (413) 586 -8287 DCFTY F FULL). acrooras e: NORTHAMPTON, ON MA 01080 Fax (413) 587 -9276 Gatehouse - Full Permit 11 Village Hill Road To: Louis Hasbrouck / Chuck Miller Northampton, MA 01060 Northampton Bldg Dept We are Sending You Attached � Under Separate Cover via The Following Items: Shop Drawings Prints Plans Samples Specifications Copy of Letter Change Order Copies Date No. Description To be added to the bldg permit application pkg: Secondary Construction Control Document(s): 1 10/30/12 Electrical - Lindgren & Sharples - Mark Felgate 1 10/30/12 Mechanical - Lindgren & Sharples - Charles Sharples These are Transmitted as checked below: For approval Approved as submitted Resubmit copies for approval iv For your use Approved as noted Submit copies for distribution v As Requested Returned for corrections Return corrected prints For review and comment FOR BIDS DUE . PRINTS RETURNED AFTER LOAN TO US Remarks Copy to File Signed: Linda Gaudreau TA M .e.4 Dtte- 4 P 4444 54 14, 04.t A41G . P R42.041 1301 um ). $oxo 1 44446 44314 02109 -1619 P (617) 727 -3200 F (617) 727 -5732 SECONDARY CONSTRUCTION CONTROL DOCUMENT (for Professional Engineers /Architects responsible for only a portion of a controlled project) Project Title: Gate House Lot 18 October 30, 2012 Project Location: Northampton, Massachusetts Scope of Project: Additions and Renovations IN ACCORDANCE WITH SECTION 107.6.2.2 OF THE MASSACHUSETTS STATE BUILDING CODE, 8 EDITION, I, Charles P. Sharpies, P.E. MASS. REGISTRATION NO. 28940, BEING A REGISTERED PROFESSIONAL ARCHITECT /ENGINEER HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT ARCHITECTURAL STRUCTURAL X MECHANICAL FIRE PROTECTION ELECTRICAL OTHER (specify) FOR THE ABOVE NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEDGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS FOR THE PROPOSED PROJECT. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 107.6.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code - required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. PURSUANT TO SECTION 107.6.2.2, I SHALL SUBMIT PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE INSPECTION SERVICES DEPARTMENT. UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL REPORT AS TO THE SATISFACTORY COMPLETION A 6l�EAD1N,ESS OF FOR OCCUPANCY. /;' ) J 7 • r r /�c`,t CH„ g, P. } � Sig•ature s— ! ;! 7 �l SHA.r=Le5 SU:SCRIBED AND SWORN TO BEFORE ME THIS - DAY OF w • • C; / / G _ l� // , MY COMMISSION EXPIRES � , / // ..2(,/ • A' PUBLIC / Signature and Seal of registered professional: TA C +, w at M(.444 u t t Dt ct Puttz s ,: 044 Ad4.4144. Ata, R.000. 1301 $oatvi., 1404444(1.4 02109 -1612 AA (617) 721 -3200 fea (617) 727 -5732 SECONDARY CONSTRUCTION CONTROL DOCUMENT (for Professional Engineers /Architects responsible for only a portion of a controlled project) Project Title: Gate House Lot 18 _ Date: October 30. 2012 Project Location: Northampton, Massachusetts Scope of Project: Additions and Renovations IN ACCORDANCE WITH SECTION 107.6.2.2 OF THE MASSACHUSETTS STATE BUILDING CODE, 8 EDITION, I, Mark W. Felgate, P.E. MASS. REGISTRATION NO. 47531, BEING A REGISTERED PROFESSIONAL ARCHITECT /ENGINEER HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT ARCHITECTURAL STRUCTURAL MECHANICAL FIRE PROTECTION X ELECTRICAL OTHER (specify) FOR THE ABOVE NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEDGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS FOR THE PROPOSED PROJECT. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 107.6.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code - required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standards listed in Appendix B. PURSUANT TO SECTION 107.6.2.2, I SHALL SUBMIT PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE INSPECTION SERVICES DEPARTMENT. UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL REPORT AS TO THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANCY. ' ... c . z' Signature n :f K t FELo i _ u Z.:74 ELEC O T ^ L J II B S�RIBED AND SWORN TO BEFORE ME THIS3CDAY OF D �v 1 No. 47 1k' ! !C4 /714/G1. -- MY COMMISSION EXPIRES 2 ' ^ // '� ,�' IOp � A kti.,a T Y PUBLIC Signature and Seal of registered professional: N4"Miiiiiiiiiiiiii IM 0 • it VILLA a o G� HILL RD 0 a a- 0 c5woeaPaa 0 A , O a - Cr re ff / 00^ — 1 tv 1 ai j i acoo II i 7: CD I mar II 0 1 r. = -acn i i 0 iv !el; 1 . 1 r0 A iii jitars,:t4 . ) ,a di ' st iii t o " ► . , 1 i .6.i i , 0 g 4.001 ci . ,,, , ? .,,,,,,,,,,,_ 411 , talk 4 ip teeeto, :. i _ 147141 , 404.1-4-1"" ar = �a s,' R Op ." :14 i / 1 E,70 Z r _ . �1- as C1 / 1 1 / rp " etI X : rrr, o f el a ' A * 1 co cn o 1 Turning Analy The Berkshire Design Gatehouse1, Lot 18 Group, Inc ViSCllage Nill 4 min Platy O° FAl( 0682 ' ALE . Dm 10/1/12 (413) 582 -700 The Letter of Transmittal Berkshire Design Group , Inc . To: Northampton Planning Board Project: Gatehouse, Lot 18 Village Hill Hearing #PLN- 2013 -0006 I Date: • �t ' t 10, 209_ — Copies Date Description 1 10/01/12 Updated Plan Set L1 -L For your: 1 10/01/12 SK1 - Turning Analysis _X Information Review & Comment Approval [ J As Requested Remarks: As per the conditions of approval, please find the enclosed plans which satisfy conditions a, c, d, e, and f. Condition b is satisfied with the enclosed SK1 turning analysis. Condition g remains an outstanding condition and is currently undergoing internal review. Final photometric and site lighting plans will be provided ASAP. Jeffrey Squire Wright Builders, Inc. L .L JEE OP VR A H U _L J� - - 48 Bates Street H Northampton, Ma 01060 Date 10/25/2012 JJob No. 12 -323 Attention: (413) 586 -8287 Re: Fax (413) 587 -9276 Gatehouse - Full Permit 11 Village Hill Road To: Chuck Miller Northampton, MA 01060 Assistant Bldg Commissioner Northampton Bldg Dept We are Sending You Attached Under Separate Cover via The Following Items: Shop Drawings Prints Plans Samples Specifications Copy of Letter Change Order Copies Date No. Description To be added to the bldg permit application pkg: 1 10/22/12 Check for $25 - bldg permit fee to cover scope of bus stop work noted on permit drwgs 1 Bldg dept fee sheet per sf 1 10/11/12 Copy of Recorded Planning Board Decision - Bk 11075, Pg 271 1 10/10/12 Submission from Berkshire Design Group to Nton Planning Board for Condition #1 of PB Decision (Note: BDG transmittal is incorrectly dated - says "August 10, 2011" but actual date should read "October 10, 2012) 1 10/25/12 Section 9 - Mark Felgate /Lindgren & Sharpies signature for Electrical These are Transmitted as checked below: • For approval Approved as submitted Resubmit copies for approval vo For your use Approved as noted Submit copies for distribution • As Requested Returned for corrections Return corrected prints For review and comment FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US Remarks Copy to File Signed: Linda Gaudreau * Official Receipt for Recording in: Hampshire County Registry of Deeds 33 King St. Northampton, Massachusetts 01060 Issued To: WRIGHT BUILDERS INC 413 - 586 -828 Recording Fees * * Document Recording Description Number Book /Page Amount * * DECIS 00024451 11075 271 $75.00 NEW HARMONY PROPERTIES $75.00 Collected Amounts * Payment Type Amount Check 41556 $75.00 $75.00 Total Received : $75.00 Less Total Recordings: $75.00 Change Due $.00 Thank You PATRICIA A. PLAZA - Register of Deeds By: Kimberly M Receipt# Date Time 0255018 10/11/2012 10:36a Planning - Decision City of Northampton Hearing No.: PLN -2013 -0006 Date: September 20, 2012 (3) The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area. The proposed building will add to the architectural styles currently under development of the site and begin to create the mix of commercial uses envisioned for the core village center. (4) The requested use will not overload, the City's resources including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools; and (5) The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the ordinance; and (7) if applicable, the requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D. The building and site development is designed to be consistent with the overall planned village concept adopted for the redevelopment of the state hospital. COULD NOT DEROGATE BECAUSE FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY APPEAL DATE:. 8/23/2012 9/6/2012 9/27/2012 REFERRALS IN DATE: HEARING DEADLINE DATE; HEARING CLOSE DATE: FINAL SIGNING BY APPEAL DEADLINE: 8/30/2012 10/25/2012 9/13/2012 9/27/2012 10/10/2012 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE. DECISION DATE: 8/30/2012 9/13/2012 9/13/2012 9120/2012 SECOND ADVERTISING DATE. HEARING TIME VOTING DEADLINE: DECISION DEADLINE: 9/6/2012 7:15 PM 12/12/2012 12/12/2012 MEMBERS PRESENT: VOTE: John Lutz votes to Grant Karla Youngblood votes to Grant Debin Bruce votes to Grant Ann DeWitt Brooks votes to Grant Jennifer Dieringer votes to Grant Mark Sullivan votes to Grant Francis Johnson votes to Grant MOTION MADE BY SECONDED BY. VOTE COUNT: DECISION Jennifer Dieringer Francis Johnson 7 Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. 1, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been flied with the Board and the City Clerk on the date shown above. I certify that a copy of this decision has been mailed to the Owner and Applicant. Notice of Appeal An appeal from the decision of the Planning Board maybe made by any person aggrieved pursuant to MGL Chapt 40A, Section 17 as amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton. October 11, 2012 I, Wendy Mazza, City Clerk of the City of Northampton, hereby certify that the above Decision of the Northampton Planning Board was filed in the Office of the City Clerk on September 20, 2012, that twenty days hav- elapsed since such filing and that no appeal has been filed in this matter. Attest: / _,p City Clerk S l • City of Northampton GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. ATTEST: 1-1,4UPSZERE, " <.._:4. C(► P REGISTER PATRICIA A. PLAZA Planning - Decision City of Northampton Hearing No.: PLN -2013 -0006 Date: September 20, 2012 APPLICATION TYPE: SUBMISSION DATE PB Major Site Plan 8121/2012 Applicant's Name: . Owner's Name: I • I IN IINI�I 111 .IIIII • I IIIIIIIiIiI NAME: NAME: 2012 0002445 NEW HARMONY PROPERTIES LLC NEW HARMONY PROPERTIES LLC Bk: 11075Pg: 271 Page: 1 of 2 ADDRESS: ADDRESS: Recorded: 10/1112012 10:36 AM 48 Bates St 48 Bates St TOWN: - STATE ZIP CODE: TOWN: STATE: ZIP CODE: NORTHAMPTON MA 01060 NORTHAMPTON MA 01060 PHONE NO.: FAX NO: PHONE NO.. FAX NO: EMAIL ADDRESS: EMAIL ADDRESS. Site Information: Surveyor's Name: STREET NO: SITE ZONING: COMPANY NAME: VILLAGE HILL RD PV(100)/ TOWN: ACTION TAKEN: ADDRESS: NORTHAMPTON MA 01060 Approved With Conditions MAP: BLOCK LOT: MAP DATE: SECTION OF BYLAW: 38A _ 107 001 ChpL 350 11: Site Plan Approval TOWN- STATE: ZIP CODE Book Page: PHONE NO.: FAX NO.: EMAIL ADDRESS. NATURE OF PROPOSED WORK Construct two mixed commercial building (16,000+ sf) HARDSHIP: CONDITION OF APPR AL: 1) Prior to issuance of a building permit revised plans shall be submitted that include modifications as required by conditions herein a. Final Plans shall be stamped by qualified design professional (PE, architect) • b. Verify that fuming radii are met for the ladder truck and at least a WB-40. c. A cleanout in the sewer service is required. d. Sewer line along Prince ST shall be relocated back from the sidewalk so as not to conflict with walk. e. Ail downspouts connected to the storm drain shall be accurately shown on all plans f. Correct references as necessary to all drain line materials to be consistent g Light pole standards should be 16' unless it is shown through photometric analysis an 18' high pole is necessary at the crosswalk on Olender. 2. Prior to issuance of a building permit (other than a foundation -only permit) the following shall be recorded at the registry of deeds: A) Maintenance and access agreements for the shared access and parking lot. B) Cross Access agreements allowing parties and the public to pass and park throughout the shared lot. 3. Prior to issuance of a building permit, an executed Stormwater Operation. Maintenance, and Inspection Agreement that is binding on all subsequent owners of land served by the private stormwater management facility be recorded in the land records of the Registry of Deeds. This agreement must be approved by the Northampton DPW prior to final signatures. FINDINGS: The Planning Board voted to approve the Site Plan for a new two story mixed office commercial building based on the information submitted with the application and the following plans: 1), The Gatehouse Lot 18 Site Plan Review Set Sheet L1 -L7 By The Berkshire Design Group, Inc dated 8-16 -2012. Sheets A2 -1 and A2 -2 by Kuhn Riddle Architects dated 8 -16 -2012. The Board approved the permit upon making the following findings :: (1) The requested use protects adjoining premises against seriously detrimental uses. The use are allowed in the district and is consistent with the recently adopted changes to the Planned Village district zoning. (2) The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts on the streets and roads in the area. The use will have a single curb cut to serve this lot and a future lot #19. Traffic mitigation has been addressed by the overall master plan approved for the redevelopment of the Northampton State Hospital. GeoTMSQ 2012 Des Lauriers Municipal Solutions, Inc. t