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• ._ The Dedicated Parking Delineation
Berksh
Design Inc. Village Hill:
Group, Northampton, Massachusetts
4 N 7542 lialaiPE ,, F ( 0�
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.......... ..
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
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(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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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- 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:
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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.
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