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24D-001 (3) 11. This Agreement, signed in duplicate, shall not be assignable by either DM or the Owner without the written consent of the other party, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire Agreement between the parties, is binding upon and inures to the benefit of all parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified, or amended only by a written instrument signed by both the Owner and DM. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. Daniel Maltby Jacob Fine, v Congregation Bnai Israel Date �/ Z 3�1 Please return one signed copy to Daniel or to the address below with a check for$2,600 which will lock in purchase of materials and schedule the construction date. For more information or clarification please contact Dan Maltby or Nora Owens 30 Keets Road Deerfield, MA 01342 Tel: 413-772-0444 Fax: 866-554-9483 Cell: 413-348-4071 mai lto:danielmaltbyL&comcast.net D.M. 4 Owner beginning on the eleventh day following the date payment becomes due, and ending when the amount due has been paid. 6. It is mutually agreed and understood that DM, DM's employees, any other contractors, subcontractors, or employees of subcontractors shall not be deemed to be employees or agents of the Owner. They shall, instead, be deemed to be independent contractors. In addition, it is agreed that the Owner shall not directly interfere with any of the duties of these independent contractors and will instead inform DM or DM's representative of any dissatisfaction. 7. DM warrants to the Owner that materials and equipment furnished under this Agreement will be of good quality and new unless otherwise required or permitted by this Agreement, that the Work will be free from defects not inherent in the quality required or permitted,that the Work will meet or exceed all applicable local or state building codes, and that the Work will conform with the requirements of this Agreement. This warranty excludes remedies for damage or defect caused by abuse; modifications executed by parties other than the DM; improper or insufficient maintenance; improper operation; normal wear and tear; and normal settling, shrinkage, and/or movement. If required by the Owner, DM shall furnish satisfactory evidence as to the kind and quality of materials and equipment utilized in the Work. DM agrees, at his own expense,to make all necessary repairs,replacements, and corrections of any nature or description, as shall.become necessary by reason of faulty workmanship or materials for a period of one (1) year from the date of the completion of the installation, except as limited by the provisions of this paragraph. This provision shall not be interpreted to limit or reduce any and all rights that the Owner may have under applicable law,regulation, or otherwise. 8. Title and risks of loss to materials, supplies, equipment, labor, subcontracting, operations, services, and other items shall pass to the Owner immediately when incorporated into the installation, excepting DM's or any other contractor's or subcontractors'tools and equipment used in the installation. 9. If the Owner fails to make a required payment for a period of Ten(10) days after it comes due to DM, DM may terminate this Agreement by written notice to the Owner. If DM fails to proceed with the installation with reasonable diligence, fails to perform in accordance with the terms of this Agreement, fails to make prompt payment to suppliers or subcontractors, or if the Owner, in good faith, becomes reasonably dissatisfied with the work being performed by DM,the Owner shall have the right to terminate this Agreement by written notice to DM. 10. All notices must be given by mail to the Owner at the addresses shown above. When mailed,the date of notice shall be the date of mailing. D.M. 3 Owner for the installation, (2) providing specialized equipment, (3) any additional specialized contractors or subcontractors needed to deal with the situation. DM will operate his equipment with care for the pasture/turf/lawn but is not responsible for repair of any damage caused by his equipment in constructing the fence. 2. The Materials and Labor total have been determined based on the particular fencing details and location indicated above. If the Owner wishes to change the details and/or location of the fencing, DM will determine the additional cost required due to such proposed changes. The Owner agrees to sign a written Change Order agreeing to pay such additional cost prior to DM beginning to work on the revised portion of the installation. 3. The Owner agrees to pay DM according to the following schedule: ❖ 50% of materials and labor on signing of this agreement. ❖ 25%of the Materials and Labor total upon the earlier o£ the installation of all post's or 50% of the fencing footage. ❖ The remainder of the Materials and Labor total, plus any additional costs that may be due under subparagraphs 5 and 6, above, on the day that the installation is completed. 4. The Owner represents and warrants to DM that: a. All of the actual record owners of the property have signed this Agreement and the Owner has marketable fee simple absolute ownership of, or is a party to a binding contract to purchase, the property free and clear of all liens, interests,judgments and encumbrances, excepting the lien of a first mortgage or deed of trust and/or a second mortgage or deed of trust securing a loan to be used for payment of the installation costs of this Agreement. The Owner has an established right to install the fencing in accordance with all applicable laws, ordinances, regulations, etc. b. The Owner has contacted any local governmental authorities or any other persons or entities known to the Owner who may have knowledge regarding the possible presence of underground utilities or anything else that could be disturbed by digging the fence post holes contemplated by the installation and has determined that no underground utility lines could be affected by the installation. c. The Owner will indemnify and hold DM harmless from any and all liability, claims, damages, and costs of any kind, including reasonable attorneys fees, incurred during or after the installation as a result of the Owner's negligent or intentional acts or omissions, including but not limited to, any false or misleading representation or warranty given in this Agreement. 5. Should DM or the Owner be entitled to receive payment from the other, and should such payment not be paid within ten (10) days of the date due thereof, then such payment shall bear simple interest at the annual rate of eighteen percent(18%) D.M. 2 Owner 'Jex Va 1 FENCING Jacob Fine, Congregation Bnai Israel 253 Prospect St. Northampton, MA Email: rabbijacob@cbinorthampton.org May 22, 2014 AGREEMENT The parties to this Agreement are Daniel Maltby (DM), with his principle office located at 30 Keets Road, Deerfield, Massachusetts, and Congregation Bnai Israel (Owner), 253 Prospect Street, Northampton MA. There will be 320 feet of 8 foot high Fixed Knot High Tensile black woven wire Deer Exclusion Fence. This fence is only for deer exclusion, and will only be on three sides of the vegetable field. The agreed-upon specifications for the fencing installation are as follows: • The wire is a black, fixed knot high-tensile woven wire with a class three galvanization (product# 17-96-6). • The posts are lodge pine and are pressure treated. • The posts will be driven in using a post pounder. • Line posts will be placed every twenty (20) feet and driven three (3) feet. • Brace assemble posts will be driven four(4) feet. • Brace assemblies will be sixteen(16) feet long, • Wire will be attached to posts with galvanized double barbed staples. • ' hire yuilX twrs "2044 df, ct tv o,(2) 4,',foot;gatle vcra S. • The gates are galvanized, heavy duty game gates with a 4"x4" mesh and are 98" high. • Area will be prepared for fence installation prior to arrival. The Owner agrees to pay DM the following amount for the installation: Labor and materials total: $6,200.00 1. In addition, the Materials and Labor cost given above assumes that DM is able to use the series II King Hitter, with rock spike and auger to install posts. If DM encounters terrain that the series II King Hitter is not effective on for example: water, hard ledge, or unusually rocky soil, the Owner agrees to pay the cost o£ (1) any concrete needed D.M. 1 Owner 30 Keets Road,Deerfield, MA 01342 Tel.-413-772-0444 Cell—413-348-4071 www.rivervalleyfencing.com 3 —_— _ _—___ _ ..ate": tad . Concept Map for Abundance Farm Site: Potential First Steps + Future Ideas Not to scale-all locations are approximate DPW Building GATE GATE VV Seasonal access from DPW site - jJ Seasonal access from DPW site "* ..._ ,..r. flew A Fence �h Agricultural 9 New Wood fence � CELEBRATING + GROWING GROWING-ROW CROPS COOKING + GROWING ' High yield plots to maximize GATHERING Maintain existing learning LEARNING A permaculture orchard and .L food production Maintain existing cob oven garden location,paths,etc. A space for holiday vineyard providing perennial fruits W and sukkah locations celebrations,festivals, and nuts.Outside the fences to rt.� and outdoor learning with invite the community in. U co Ca ' Ca GATE Agricultural Fence "-""`------�— Existing Woad fence Access directly 1 from LGA field CONTEMPLATING //11 Develop an intimate outdoor rrT� f / 1 oN� space for personal meditation PLAYGROUND and group prayer Playground stays in the GATHERING same area Leave space for a future outdoor room that is an Remove existing fence Existing wood extension of the social hall Section and chain link fence with gate to parking lot Congregation B'nai Israel Lander Grins p oon Academy Shared Parking lot with Northampton Survival Center 9. ALL INFORMATION MUST BE COMPLETED; PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This column to be filled in by the Building Department. Existing Proposed Required by Zoning Lot Size Frontage N/A N/A N/A Front: Setbacks: ^dre Side: L: R: L: R: 0,41 Rear: Height % Open Space: (Lot area minus bldg and Paved parking) 10. Certification: 1 hereby certify that the information contained herein is true and accurate to the best of my knowledge. DATE: S Z 21q APPLICANT'S SIGNATURE NOTE: Issuance of a permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Conservation Commission, Department of Public Works and other applicable permit granting authorities. C - City of Northampton . Massachusetts MAY 2 6 2014 DEP T OF BUILDING INSPECTIONS ; 212 Main Street • Municipal Building Northampton, MA 01060r�Y i1 Electric, Plumbing&Gas Inspections INSPECT Northampton. MA 01060 ACCESSORY STRUCTURE PERMIT APPLICATION (For freestanding structures less than 200 sq. ft., at least 5 feet from any other structure) Permit Fee: $25.00 Check# 6-174 PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: Rabbi Jacob Fine Address:-253 Prospect Street, Northampton MA 01060 Telephone:-413-584-3593 2. Owner of Property:_Congregation B'nai Israel Address:-253 Prospect Street, Northampton MA 01060 Telephone_413-584-3593 3. Status of Applicant:—x—Owner Contractor 4. Structure Location: Congregation Bnai Israel Parcel ID: Zoning Map# Parcel# District(s) (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Use of Property: Single or Two Family: Multifamily: Commercial:- x-6. Description of Proposed Structure One Story Shed under 200 sq. ft.: Freestanding Deck under 200 sq. ft., less than 30"above grade: Other(describe):_8'tall deer fence under 200 sq ft., at least 5'from any other structure 7. Attached Plans: Sketch Plan Site Plan Plot Plan 8. Does the site contain a brook, body of water or wetlands? NO_x DON'T KNOW YES IF YES: Has a permit been, or need to be, obtained from the Conservation Commission? Needs to be obtained Obtained , Date issued CONTINUED ON NEXT PAGE File#MP-2014-0100 APPLICANT/CONTACT PERSON B'NAI ISRAEL CONGREGATIONAL �, ��J �3 ADDRESS/PHONE 253 PROSPECT ST � � PROPERTY LOCATION 257 PROSPECT ST MAP 24D PARCEL 001 001 ZONE URB000)/ THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building_Permit Filled out :I Fee Paid Tvneof Construction: ZPA-ERECT 8'FENCE New Construction Non Structural interior renovations Addition to Existin¢ Accessory Structure Building Plans Included: Owner/Statement or License 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFO�tMATION PRESENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER: § Intermediate Project: Site Plan AND/OR Special Permit with Site Plan Major Project: Site Plan AND/OR Special Permit with Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of Planning&Development for more information. 257 PROSPECT ST MP-2014-0100 COMMONWEALTH OF MASSACHUSETTS CITY OF NORTHAMPTON IGIS#: 9259 !Map 24D — - r'o�k: 00l 1 __001 ZONING PERMIT _ „••,• Permit: ZONING PERMIT APPLI APPLICATION PERMIT Category: FENCE Permit# MP-20 14-0100 PERMISSION IS HEREBY GRANTED TO: Project# JS-2014-002122.` Est.Cost: Contractor: License: Expires: Fee Charged:$25.00 Homeowner as Contractor Balance Due:$.00 Owner: B'NAI ISRAEL CONGREGATIONAL #of Fixtures Applicant. B'NAI ISRAEL CONGREGATIONAL DigSafe# _ AT: 257 PROSPECT ST UseGroup ConstClass ISSUED ON. 29-May-2014 AMENDED ON: EXPIRES ON: TO PERFORM THE FOLLOWING WORK: ZPA-ERECT 8'FENCE THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: FENCE REC-2014-006856 28-May-14 15176 $25.00 212 Main Street,Phone:(413)587-1240,Fax:(413)587-1272,Email:lhasbrouck @northamptonma.gov GeoTMS®2014 Des Lauriers Municipal Solutions,Inc.