37-101 63 ICE POND DR BP-2021-0087
GIs#: COMMONWEALTH OF MASSACHUSETTS
Map:Block: 37- 101 CITY OF NORTHAMPTON
Lot:-001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS
Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A)
Category:New Single Family House BUILDING PERMIT
Permit# BP-2021-0087
Proiect# JS-2021-000135
Est.Cost: $190000.00
Fee:$2166.00 PERMISSION IS HEREBY GRANTED TO:
Const.Class: Contractor: License:
Use Group: TIMOTHY SENEY 061088
Lot Size(sq.ft.): 64904.40 Owner. KIRCHEN NICOLE
Zoning. Applicant. TIMOTHY SENEY
AT: 63 ICE POND DR
Applicant Address: Phone: Insurance:
371 PROSPECT ST (413) 667-0230
NORTHAMPTON MAO 1060 ISSUED ON:7/23/2020 0:00:00
TO PERFORM THE FOLLOWING WORK.-BUILD 2 STORY SINGLE FAMILY HOUSE
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector
Underground: Service: Meter:
Footings:
Rough: Rough: House# Foundation:
Driveway Final:
Final: Final:
Rough Frame:
Gas: Fire Department Fireplace/Chimney:
Rough: Oil: Insulation:
Final: Smoke: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF
ANY OF ITS RULES AND REGULATIONS.
Certificate of Occupancy Signature:
FeeTvne: Date Paid: Amount:
Building 7/23/2020 0:00:00 $2166.00
212 Main Street,Phone(413)587-1240,Fax:(4t3)587-1272
Louis Hasbrouck—Building Commissioner
File#BP-2021-0087
APPLICANT/CONTACT PERSON TIMOTHY SENEY
ADDRESS/PHONE 371 PROSPECT ST NORTHAMPTON (413)667-0230
PROPERTY LOCATION 63 ICE POND DR V`
MAP 37 PARCEL 101 001 ZONE
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIR DATE
ZONING FORM FILLED OUT
Fee Paid
Building_Permit Filled out '
Fee Paid
Tvpeof Construction:_BUILD 2 STORY SINGLE FAMILY HOUSE
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans-Included:
Owner/Statement or License 061088
3 sets of Plans/Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
IN ORMATION 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
Demolition Delay
SignatWe 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 Office of
Planning&Development for more information.
The Commonwealth of Massachusetts
Board of Building Regulations and Standards FOR
Massachusetts State Building Code,780 CMR MUNICIPALITY
USE
Building Permit Application To Construct,Repair,Renovate Or Demolish a JRevised Mw-2011
One-or Two-Familj,Dwelling - -
This Section For Official Use Only
Building Permit Number: g P- -7 Date Applied:
Tam
'7 a
Building Official(Print Namc) Signature. Datb
SECTION 1:SITE INFORMATION
1.1 Pro erty Address: 1.2 Assessors Map&Parcel Numbers
1.1 a Is this an accepted street?yes no Map Number Parcel Number
1.3 Zoning Information: 1.4 Property Dimensions:
Zoning District Proposed Use Lot Area(sq ft) Frontage(ft)
1.5 Building Setbacks(ft)
Front Yard Side Yards' Rear Yard
Required Provided Required Provided Required Provided
1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System:
Public Private❑ . Zone: Outside Flood Zone? Municipal On site disposal system ❑
Check if yes)
SECTION 2: PROPERTY OWNERSH21
2.1 Owner'of Record:
Nheduf_ KuZC14Lq 4;JrW_01F1v2 JOZOVIK. 7NivP7o"I "A 0/060
Name(Print) � City,State,ZIP
"!U �T«
No.and Street Telephone Email Address
SECTION 3:DESCRIPTION OF PROPOSED WORK2(check all that apply)
New Construction- Existing Building❑ Owner-Occupied ❑ 'Repairs(s) ❑ Alteration(s) ❑ Addition ❑
Demolition ❑ Accessory Bldg.❑ 1 Number of Units Other ❑ Specify:
Brief Description of Proposed Work2: ,1cp Si c. v r'1C
• �PizC 5
SECTION 4:ESTIMATED CONSTRUCTION COSTS
Item Estimated Costs: Official Use Only
Labor and Materials)
1.Building S �oa.UL)I 1. Building Permit Fee:$ Indicate how fee is determined:
❑Standard City/Town Application Fee -
2.Electrical $ OG o ❑Total Project Cost'(Item 6)x multiplier x
3.Plumbing $ 257 DLi t) 2. Other Fees: S
4.Mechanical (HVAC) S a�G�Cf� List
5.Mechanical (Fire $
Suppression) O U V Total All Fem S �,/�
/ Check No. `�6� Check Amount: (l�Cash Amount:
6.Total Project Cost: S 0 U wo 0 Paid in Full ❑Outstanding Balance Due:
-SECTION 5: CONSTRUCTION SERVICES
5.1 Construction Supervisor License(CSL)
CS - oYIY '
Sgwx License Number Expiration Date
Name of CSL Holder
List CSL Type(see below) 'tJ
No.and Street� Type Description
U Unrestricted(Building up to 35,000 cu.ft.)
R Restricted l&2 Family Dwelling
City/Town,State,ZIP M Masonry
RC Roofing Covering
WS Window and Siding
SF Solid Fue(.Buming Appliances
',sl eA ellez& / 1 Insulation
Telephone Email - D Demolition
5.2 Registered Rome Improvement Contractor(AIC) Ot Z�
HIC Registration Number xpimtion Date
HIC Company Name or HIC Registrant Name
No.and Street Email address
Cit /Town,State,ZIP Telephone
SECTION 6:WORKERS' COMPENSATION INSURANCE AFFIDAVIT(M,G.L.c.152.§ 25C(6))
Workers Compensation Insurance affidavit must be completed and_submitted with this application. Failure to provide
this affidavit will result in the denial of the Issuance of the building permit.
Signed Affidavit Attached?' Yes..........W . No...........O
SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
I,as Owner of the subject property,hereby authorize
to act on my behalf,in all matters relative to work authorized by this building permit application. .
Print Owner's Name(Electronic Signature) Date
SECTION 7b:OWNER'OR AUTHORLZED AGENT DECLARATION
By entering my name below,I hereby,attest under the airis and penalties of perjury that all of the information
contained in this 11 'on is true and a to to the fest of my knowledge and understanding.
ZU L o
Print Owner's or Authorized Agent's Name(Electronic Signature) Date
NOTES:
1. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor
(not registered in the Rome Improvement Contractor(HIC)Program),will not have access to the arbitration
program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program can be found at
www.mass.sov/oca Information on the Construction Supervisor License can be found at u-Anv.mass.sov/dus
2. When substantial work is planned,provide the information below:
Total floor area(sq.fr.) (including garage,finished basementlattics,decks or porch)
Gross living area(sq.ft.) Habitable room count
/1 Number of fireplaces Number of bedrooms
�t Number of bathrooms Number of half/baths
Type of heating system Number of decks/porches
Type of cooling system Enclosed Open
3. '?oral Project Square Footage"maybe substituted for"Total Project Cost"
i
` 1
CITY OF NORTHAMPTON
SETBACK PLAN
MAP:_ _ LOT:_ _
LOT SIZE:
REAR LOT DIMENSION
REAR PARD
-r-ra1 ct +�D
SIDE YARD SIDE YARD
FRONT:SETBACK_ _ d
FRONTAGE_-T__^T_
� 1
i
The City of Northampton
1 ` Building.Department
212 Main Street
Northampton,Massachusetts 01060
Phone(413) 529-1402
Fax (413) 529-1433
CONSTRUCTION DEBRIS AFFIDAVIT
(FOR ALL DEMOLITION AND RENOVATION PROJECTS)
In accordance with the provisions of MGL c40, s54, a condition of Building Permit
Number is that all debris resulting from this work shall be disposed of in a
properly licensed waste disposal facility as defined by MGL c 111, S 150A.
The debris will be disposed of in:
Location of Facility___ /ivu � � L I�nIC--
The debris will be transported by:
Name of Hauler_ _ _ _ _ _ � _ Y � _ _ _ _ _ _ _ _ _ _ _ _
`v_ Z
Signature of Applicant : _ ___ _ __ _ _ ___ _Date:_ �' o
The Commonwealth of Massachusetts
Department oflndustrialAccidents
I Congress Street,Suite 100
Boston,MA 021X4-2017
www massgov/dia
Workers'Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers.
TO BE FILED WITH THE PERMrrMG AUTHORITY.
Applicant Information Please Print Le,2ibly .
Name(Business/Organizatiodlndividual): ^i ,z" ' .✓ '
Address:-
City/State/Zip: fqg 04.6 Phone#:
Are you an employer?Check the appropriate box:
Type of project(required):
1.0 I am a employer with_employees(full and/or part-time)-* 7. New construction
2.7 I am a sole proprietor or partnership and have no employees working forme in 8. Remodeling
any capacity.[No workers'comp.insurance required.]
9. Demolition
3.71 am a homeowner doing all work myself[No workers'comp.insurance required.]t
�
4.❑I am a homeowner and will be hiring contractors to conduct all work an my property. I will 10 F1 Building addition
ensure that all contractors either bave workers'compensation insurance or are sole 1 Ln Electrical repairs or additions
proprietors with no employees.
12.Q Plumbing repairs or additions
5.❑I am a general contractor and I have hired the sub-contractors listed on the attached sheet 13.�ROof repairs
These suh-contactors have employees and have workers'comp.insurance.-
6.Q We area corporation and its officers have exercised their right of exemption per MGL c. 14.Q Other
152,§1(4),and we have no employees.[No workers'comp-insurance required.]
Any applicant that checks box#I must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have
employees. If the sub-contractors have employees,they must provide their workers'comp.policy number.
I am an employer tirat is providing workers'conipe)isation insurance for my employees. Below is tie policy and job site
information.
Insurance Company Name:
Policy#or Self-ins.Lic.#: 0 e Expiration Date: 3/Ze
Job Site Address: 6/.3 City/State/Zip: A 1.2 M.1i; r,-J /Yri
Attach,a copy of the workers' compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation punishable by a fine up to$1,500.00
and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a
day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance
coverage verification.
I do hereby penalties of perjury that the information provided above is true and correct:
Siznature• - - Date: ��L►� Q
Phone#: 6,26
Official use only. Do not write in this area,to be completed by city or town official
City or Town: Permit/License#
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person: Phone#:
City of Northampton.
f! _
Massachusetts ���' s:. ""�„
mr }�
` DEPERDSWT OF BUILDING INSPECTIONS
212 Main Street • Municipal Building
Northampton, MA 01060
HOMEOWNERS'EXEMPTION ELIGIBILITY AFFIDA VIT
j, .(insert full legal name), born (insert _
rnonth, day,year),hereby depose and state the following:
1. I am seeking a building permit pursuant to the homeowners'exemption to the permit requirements of the
Massachusetts State Building Code, codified at 780 CMR 110.85.1.3.1, in connection with a project or
work on a parcel of land to which I hold Iegal title.
2. I am not engaged in, and the project or work for which I am seeking the aforementioned homeowners'.
exemption, does not involve the field erection of manufactured,buildings constructed in accordance with
780 CMR 110.83.
3. I qualifij under the State Building Code's definition of"homeowner"as defined at 780 CMR II O.R5.1.2:
Persons) who owns a parcel of land on which he/she resides or intends to reside, on which
there is, or is intended to.be, a one-or two-family dwelling, attached or detached structures
accessory to such use and/or farm structures. A person who constructs more than one home in
a two-year period shall not be considered a home owner.
4.. I do not hold a valid Massachusetts construction supervision license and, except to the extent that I
qualifij for and will abide by the Massachusetts State Building Code's requirements for the supervision of
the project or work on my parcel, I am not engaged in construction supervision in connection with any
project or work involving construction, reconstruction, alteration, repair, removal or demolition
involving any activity regulated by any provision of the Massachusetts State Building Code.
5. If I engage any other person or persons for hire in connection with the aforementioned project or work on
nnj parcel,I acknowledge that I am required to and will act as the supervisor for said project or work.
Signed under the pains and penalties of perjury on this day of 20_.
(Signature)
i
Airr
4& Stretch Code Specifications
1-7* Project Address 63 Ice Pond Rd, Florence, MA 01062
POWERHOUSE HERS Rater Rachel Balon
Slab Uninsulated
Foundation Walls R-10 fire-rated foamboard
Cantilever Floors R-32 dense cellulose
Blockers & Runners R-21 insulation
Exterior Walls R-20 dense cellulose
Flat Ceilings R-60 loose cellulose 16" dee
Sloped Ceilings R-38 dense cellulose
Windows & Glass Doors U-Factor= .30
Air Barrier&Air Sealing Details Maximum blower door test of 3 ACH50
Must comply with air sealing table R402.4.1.1 in 2015 IECC
Heating Equipment 95%AFUE Propane Furnace
Cooling Equipment 13 SEER Central AC
ALL DUCTS LOCATED WITHIN ENVELOPE
Ducts Duct Leakage: No more than 4 CFM per 100 CFA
Must comply with 2015 IECC R403.3.3
Ventilation System 2 continuous fans Panasonic FV-05-11 VKSL2
Water Heater .95 Energy Factor Propane On-Demand
im� 111U__
Lighting 100% LED bulbs
Refrigerator Energy Star certified (If provided)
Dishwasher Energy Star certified (If provided)
Oven/Range Electric or Gas
Washer Energy Star certified (If provided)
Dryer Energy Star certified (Ifprovided)
Scenario HERS Index Score
All specifications used above, and 54
home built per plans
Home Energy Rating Certificate Rating Date: 2020-07-21 .
'rojected Report Registry ID:
Ekotrope ID: PdaXoBoL
HERS' Index Score: Annual Savings Home:
Your home's HERS score is a relative 63 Ice Pond Rd
perform •.
the . - $ 5,882
learn more, visit www.hersindex.com *Relative to an average U.S.home
Your Home's Estimated Energy Use: This home meets or exceeds the
Use [MBtu] Annual Cost criteria of the following:
Heating 75.0 $2,082 2015 International Energy Conservation Code
Cooling 1.2 $53
Hot Water 11.9 $328
Lights/Appliances 35.7 $1,508
Service Charges $0
Generation (e.g.Solar) 0.0 $0
Total: 123.8 $3,972
HERSIndex Home Feature Summary: Rating Completed by:
w«•u,.gy Home Type: Single family detached
ISO Model: NIA Energy Rater: Rachel Balon
RESNETID: 1726523
1 c g 140 Community: N/A
10 Conditioned Floor Area: 5,410 ft2 Rating Company: Power House Energy Consulting
170 Number of Bedrooms: 3 PO Box 9571,North Amherst,MA 01059
tto 413-835-5162
Reference 100 PrimaryHeating System: Furnace•Propane•95 AFUE
Home � 9 y p
_,.. 90 Primary Cooling System: Air Conditioner•Electric• 13 SEER Rating Provider: Energy Raters of Massachusetts
80 Primary Water Heating: Water Heater•Propane•0.95 LIEF 2 Woodlawn Street Amesbury,MA 01913
"0 978-270-3911
.o House Tightness: 3 ACH50 ;
sow � Ventilation: 42 CFM,42 CFM•10 Watts,10 Watts i
40 ThhNoeK Duct Leakage to Outside: 54.1 CFM C 25Pa(1 1100 s.f.)
10 Above Grade Walls: R-19 /' /' -�'`
to Ceiling: Attic,R-59 RateAd
Zero Energy o Window Type: U-Value:0.3,SHGC:0.25
Rachel Balon,Certified Energy Rater
�,•11.1�1
►wc. y Foundation Walls: R-10 Digitally signed:7/21/20 at 2:08 PM
6
• ••• ' •
• • •
This
ort does •
ICE POND ASSOCIATION
SECTION 2D CERTIFICATE
LOT 11
Ice Pond Association, Declarant under the Declaration of Restrictions
Maintenance and Easement Agreement dated July 10, 2003 ("Declaration") and recorded
in the Hampshire Registry of Deeds in Book 7329, Page 249, certify as follows:
The improvements, as described and qualified below, are in compliance with Section 2D.
Description of improvements:
A single family home, with paved driveway, seeded lawn as shown in the following plans.
1.) Dated 02/06/2020, for "Proposed New Residence at 63 Ice Pond Drive, Florence,
Massachusetts", by Jody Barker, A.I.A., Architecture & Design, LLC sheets A-100, A-101,
A-102, A-201, and A-202 showing two story wood frame, single family home with attached
garage.
2.) Site Landscaping Plan for Nicole T. Kirchen and Jennifer Juresak, by William A.
Canon, Landscape Architect, sheet L-2.0
Qualifications:
The submitted plans show several elements critical to the overall look of the neighborhood.
No changes to the plans affecting the exterior appearance should be made without first
obtaining permission.
Ice Pond Association
BY: // () .
Na A. ey for Ice Pond A ociation
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss April , 2020
Subscribed and sworn before me this r day of April, 2020.
ltw�AIM
Notary Public
My Commission Expires:
MUNICIPAL SEWER AVAILABILITY APPLICATION
Northampton Streets Department
125 Locust Street
Northampton, MA 01060
413-587-1570
A Department of Public Works Trench Permit and Sewer Entry Permit shall be required prior to any
construction or connection activity associated with this application.
Location: 63 Ice Pond Drive
Date of Inquiry: 03/06/19
Inquirer with contact info: Rachel Simpson, Goggins Real Estate, 413-386-8234
Reason for Request: Developing property
Municipal Sewer Main in Front of Location: Yes X No
Size of Sewer Main: 8" Material: PVC Age: 2004
Depth of Sewer Main: 3.61'
Length of Sewer Main: 208'
Size of Service Connection: 6"
Type of Service Connection:
Domestic Tie In: _X_ ($1,250) Subdivision Tie In : ($2,500)
Tie-in to Private Sanitary: $ - N/A Tie-in to Existing Sanitary Service: $ - N/A
Comments:
SEE ATTACHED TYE-CARD
City Requires 6" cleanout installed at City Property Line
Note:If this availability is for new construction,this form must be hand delivered to Building Inspector.
A corresponding "sewer entrance fee" shall be paid prior to making any connection to the
municipal sewer system.Arrangements of such installation shall be made with the Northampton
Streets Department with a minimum of 5 working days notificaiton. All work shall conform to
Northampton Streets Department specifications.
BRENDAN SHEA Date: 3/20/2019
Sewer Dept. Foreman
*Sewer Entry$ 1250.00
*Fees will be charged based on current fee structure at the time of entry application
MUNICIPAL WATER AVAILABILITY APPLICATION
Northampton Water Department
237 Prospect St.
Northampton, MA 01060
413-587-1097
A Department of Public Works Trench Permit shall be required prior to any construction or
connection activity associated with this application.
Location: 63 Ice Pond Drive
Inquiry Made By: Rachel Simpson, Goggins Real Estate 413-386-8234
(Name) (Telephone Number)
Date of Inquiry: 3/6/2019 Fire Line Irrigation Domestic x
Number of Units: 1 Type of Units: Type of Ownership:
Single Family x Private x
Apartments Condo
Multi-Family Rental
Commercial
(Applicant to till out the above)
Municipal Water Main in Front of Location: Yes x No
Existing service to site? Yes x No
Size of Water Main: 8 Material: Ductile Iron Age: 2004
Approximate Static Street Pressure: 75 PSI Flow Test Conducted: Yes No x
(If flow test conducted attach results)
Size of Service Connection: 1" Suggested Meter Size: 5/8"
Comments: The Water Department cannot guarantee adequate water pressure during
peak demand times at elevations above 320'
- A corresponding water enterance fee shall be paid prior to making any connection to the municipal
water system.
-Arrangement of such installation shall be made with the Northampton Water Department within a
minimum of 5 working days notification.
-All work shall conform to Northampton Water Department specifications.
DAVE SPARKS 3/7/2019
(Water Superintendent) (Date)
*Water Entry x ($1,250) Domestic *Meter $ 450 *Radio Read $150
_ ($2,500) Subdivision (fee to be determined)
(Includes fire line if required)
cc: City of Northampton Building Dept./Commissioner
NOTE: If this availablitiy is for a new construction,it must be hand delivered to the Building
Inspector
*Fees will be charged based on current fee structure at the time of entry application
Contract
Page 1
TIMOTHY SENEY, INC.
371 Prospect Street
Northampton, MA 01060
(413) 626-1797
PROPOSAL AND CONTRACT
Proposal and Agreement made, June, 1 2020 by and between Timothy Seney
Contracting, Inc. of 371 Prospect Street, Northampton, MA 01060 (from now on called
"Seney") and:
Jennifer Juresak and Nicole Kirchen
Name (from now on called "Owner")
40 Ice Pond Drive, Northampton, MA 01062
Address
(413) 306-2661 (Nicole)
Phone Number
63
Job Number or Name
63 Ice Pond Drive, Northampton, MA 01062
Job Location
Nicole (413) 306-2661
Main Contact and Phone Number
1. DESCRIPTION OF WORK: Seney agrees to furnish materials and labor for work
to be done for Owner according to the following specifications:
Seney agrees to build a new home per drawings and specs as provided by architect
Jody Barker, A.I.A„ engineer Jim Gracia, and landscape architect William
Cannon
2. CONTRACT TIME: The work shall be completed within 180 calendar days
from time of first lumber delivery. Seney shall not be liable for any delay or
nonperformance caused an act of God, strikes, unavailability of materials, or any other
contingency beyond his reasonable control.
3. CONTRACT PRICE AND TERMS: Owner shall pay Seney the total sum of:
Six hundred and ninety four thousand and four hundred dollars ($694,400.00)
Contract
Page 2
Payments shall be made according to the following schedule:
Payment#1: $30,000 — Down payment
Payment#2: $65,000 — Hole dug, drainage, backfilled & 1$t lumber delivered
Payment#3: $200,000 — Completion of framing, roof and windows
Payment #4: $75,000 — Completion of rough electric, plumbing, heat, rough inspection
Payment#5: $125,000 — Drywall complete
Payment#6: $80,000 — First coat of paint, finish doors and windows
Payment#7: $65,000 — Kitchen cabinets and hardwood installed: tile delivered
Payment#8: $54,400 — House complete, landscape done: C/O delivered
1. CHANGES: Any changes to the work initiated by Owner or Seney must be
agreed upon between the parties, in writing and signed by the parties, and the price
fixed by them before work on such changes shall be commenced. Payment for such
changes shall be made at the time of the completion of the work.
2. DEFAULT BY OWNER: In the event that Owner fails to make complete
payments according to the payment schedule other than in the case of a breach of this
agreement by Seney, interest at the rate of 1.25% per month shall be charged on all
sums not so paid. Owner will pay Seney all expenses incurred by Seney to recover any
payment due or for the breach of this contract, including attorney fees, whether or not
suit is filed. provided that Seney is not in breach of the provisions of this contract.
3. SECURITY INTERESTS: Until the full purchase price has been paid, Seney
reserves a Purchase Money Security Interest under the Uniform Commercial Code in
any equipment, goods, fixtures, materials and/or supplies supplied to Owner under this
Agreement and, in this regard, Owner shall execute such documents as Seney may
require, including, but not limited to, a Security Agreement, one or more Financing
Statements, and provide Seney signed waivers and consents from the Landowner(s)
and Mortgagee(s). Owner agrees and hereby does appoint Seney as attorney-in-fact to
do, at the option of Seney, all acts and things above named herein and such other
things which Seney may deem necessary and desirable to perfect and continue to
perfect the Purchase Money Security Interest, including Seney 's authority to file
financing statements naming Owner as debtor and Seney as secured party without
Owner's signature where such filings are allowed. At Seney's option, there shall be no
delivery and/or installation of any of the purchased equipment, goods, materials and/or
supplies hereunder until all documents necessary to perfect the security interest have
been executed to Seney's satisfaction. Notwithstanding the forgoing, the owner's lender
shall always have a first priority lien and security interest in the property.
Contract
Page 3
4. MISCELLANEOUS: This contract is the entire agreement between the parties.
Any prior understandings or statements of any kind before the date of this agreement
are not binding upon either party unless stated in this Agreement. Any change to this
Agreement shall be binding only if in writing signed by each party or an authorized
representative of each party. This Agreement shall be governed by the laws of the
Commonwealth of Massachusetts. The failure of either party to insist upon the
performance of any of the terms and conditions of this Agreement, or the waiver of any
breach of this Agreement, shall not be construed as after that waiving any such terms
and conditions. Such terms and conditions shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred. The fact that the language of
this Agreement has been proposed by one party or the other shall not affect its meaning
or construction. In the event that any provision or part of this Agreement is or becomes
invalid or illegal in whole or in part, such provision shall from that time be deemed
amended so as to, as nearly as possible, be consistent with the intent expressed in this
Agreement. If this be impossible, such provision or part thereof shall be deemed
deleted, but shall not in any way invalidate any of the remaining provisions.
5. CANCELLATION: Owner may cancel this Agreement if it is signed by a
party thereto at a place other than at Seney's office provided Owner notify Seney
in writing at his main office or branch by ordinary mail posted, by telegram sent
or by delivery, not later than midnight of the third business day following the
signing of this Agreement. See the attached notice of cancellation form for an
explanation of this right.
In the event Owner cancels this Agreement after three business days following
the signing of this Agreement but before any work commences, Owner shall forfeit the
amount of any down payment given to Seney at the time of the execution of this
Agreement, and, in addition, shall pay Seney an amount equal to the gross profit Seney
would have earned on completion of the work, which amount is to be paid within Ten
(10) days from the date of an invoice from Seney.
In the event Seney is unable to complete the performance of its obligations under
this Agreement due to acts of God, strikes, unavailability of supplies or materials, or any
other contingency beyond its control, Owner may at his or her option cancel this
Agreement, in which event, Owner shall be liable to pay Seney the amount of labor and
material already furnished. Such payment shall be made within Ten (10) days after the
date of such cancellation.
6. REMEDIES: Except costs of collection, each party's total liability and total
remedy under or for any breach of this Agreement or violation of all actual or implied
warranties shall not exceed an amount equal to the amount Owner has actually paid
Seney or the full amount of the agreement. Except Owner's right to cancel as stated
above, Seney shall not be liable for any damages for any delay in the performance of its
obligations directly or indirectly caused by or resulting from, any act, event, occurrence,
or cause beyond its reasonable control.
Except requests for injunctive relief, all disputes and controversies arising out of
or concerning this Agreement or its entering into shall be submitted to arbitration
according to the following procedure:
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Page 4
Either party may demand arbitration in writing within one (1) year after the facts
causing the controversy occur. The parties agree that this limitation is a material term
of this Agreement. Any failure to demand arbitration in writing during that time shall act
as an absolute bar to the controversy being raised. The demand shall include a
statement of the matter in controversy.
The Arbitration Committee of the American Arbitration Association shall appoint
an arbitrator. Any arbitrator appointed shall be an attorney licensed to practice law in
the Commonwealth of Massachusetts with a minimum of five (5) years' experience as a
practicing attorney.
The arbitration hearing shall be held in Hampden County, Massachusetts on ten
(10) days written notice. The construction arbitration rules of the American Arbitration
Association are hereby incorporated by reference. Despite any provision of those rules
or any other rule or law, punitive or multiple damages are not recoverable against any
party to this Agreement. The arbitrator is not empowered to grant damages in any form
or amount greater than the remedies provided under this Agreement and attorney fees
and costs of collection shall only be allowed according to the language of this
agreement.
The arbitration hearing shall be concluded within seven (7) days unless
otherwise ordered by the arbitrator, and the award thereon shall be made within seven
(7) days and shall be final and binding on all parties. Judgment on such award may be
entered by any court having jurisdiction.
Except requests for injunctive relief, this arbitration provision shall be a complete
defense to any suit, action or proceeding brought under this Agreement. This arbitration
provision shall survive the termination or expiration of this Agreement.
Nothing in this arbitration provision shall give the arbitrator any authority to alter,
change, amend, modify, add to or subtract from any provision of this Agreement.
7. TAXES: Owner agrees to pay, beyond the charges under this Agreement,
amounts equal to any sales taxes resulting from this Agreement or any activities
pursuant to this Agreement.
8. Owner's obligation to perform their obligations in this contract is contingent upon
the owner closing on a construction mortgage loan in the amount of at least 80% of the
assessed value of the home
Owner may cancel this Agreement if it is signed by a party thereto at a
place other than at Seney's office provided Owner notify Seney in writing at his
main office or branch by ordinary mail posted, by telegram sent or by delivery,
not later than midnight of the third business day following the signing of this
Agreement. See the attached notice of cancellation form for an explanation of
this right.
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In Witness Whereof, the parties have executed this agreement at
on the date and year first written above.
TIMOTHY SENEY, INC. OWNER
Signed: Signed:
Print: Print:
OWNER
Signed:
Print:
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Page 6
THIS SECTION TO BE COMPLETED UPON COMPLETION OF THE WORK CALLED
FOR IN THIS AGREEMENT
Owner certifies that Seney has completed all the work called for in this Agreement and
has otherwise fully performed its obligations under this Agreement to the satisfaction of
Owner.
OWNER OWNER
Signed: Signed:
Print: Print:
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Page 7
NOTICE OF CANCELLATION
, 2020
You may cancel this transaction, without any penalty or obligation, within three business
days from the above date.
If you cancel, any property traded in, any payments made by you under the agreement,
and any negotiable instrument executed by you will be returned within ten business
days following receipt by the seller of your cancellation notice, and any security interest
arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence in substantially as
good condition as when received, any goods delivered to you under this agreement, or
you may if you wish, comply with the instructions of the seller regarding the return
shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up
within twenty days of the date of your notice of cancellation, you may retain or dispose
of the goods without any further obligation. If you fail to make the goods available to the
seller, or if you agree to return the goods to the seller and fail to do so, then you remain
liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of the cancellation
notice or any other written notice to
no later than midnight of
I hereby cancel this transaction (date)
(Buyer's signature)
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Page 8
LIMITED WARRANTY
THIS LIMITED WARRANTY is given by the contractor to you, Jennifer Juresak and
Nicole Kirchen for the property located at 63 Ice Pond Drive, Northampton, MA 01062
hereinafter referred to as the Dwelling, and is a part of the Agreement dated 5/26/2020.
This Limited Warranty extends to you only and is not transferable to, or enforceable by,
any succeeding transferees or purchasers.
NOTE: THIS LIMITED WARRANTY SPECIFICALLY EXCLUDES CONSEQUENTIAL
AND INCIDENTAL DAMAGES AND THERE ARE LIMITATIONS OF ONE (1) YEAR IN
THE DURATION OF IMPLIED WARRANTIES. BY LAW THE WARRANTOR IS
REQUIRED TO INDICATE THAT SOME STATES DO NOT ALLOW (a) THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
NOR (b) LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU.
COMMENCEMENT OF COVERAGES:
The duration of each coverage under this Limited Warranty shall commence on the date
the deed for the Dwelling is delivered to you, or on the date you first move into the
Dwelling, whichever date occurs first. The first of such dates to occur is hereinafter
referred to as the "date of Possession". The duration of each coverage under this
Limited Warranty is set forth under the following section entitled "Coverages".
COVERAGES:
For the term of the Limited Warranty the contractor warrants that the Dwelling and its
systems will be free from all defects in materials and workmanship, other than minor or
cosmetic defects and will be in compliance with all applicable building, sanitary and
electrical codes. To the extent not otherwise covered by the foregoing, we give the
following warranties:
Systems: For a period of one year after the date of possession the contractor shall
repair any defects in materials or workmanship of the plumbing, heating, cooling and
electrical wiring systems.
Roof: For a period of one year after the date of possession the contractor shall repair
any defects in materials or workmanship of the roof, on which part the work was
performed.
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MANUFACTURERS' WARRANTIES:
The contractor hereby passes through and assigns directly to you any and all
manufacturers' warranties on all appliances and equipment supplied by the contractor in
the Dwelling. Such warranties may include, for example, the following appliances and
equipment, although not every Dwelling includes all of these items and your dwelling
may include appliances or equipment not on this list: refrigerator, range, space heater,
washing machine, dishwasher, garbage disposal, ventilating fan, and air conditioner.
As part of the pass through of these or any other manufacturers' warranties on
equipment or appliances included in the purchase of the Dwelling, the contractor wishes
to advise you that each such warranty may include a specific procedure which must be
followed to make that warranty effective. This procedure may require notification or
registration by you to the manufacturer, or mailing by you a warranty card to the
manufacturer. Information provided by the manufacturers on how to comply with their
warranty programs has been left in the individual appliances or equipment.
Your failure to register or to mail such a warranty card according to any manufacturer's
requirement shall not create any liability on us for any expressed or implied warranty on
such equipment or appliances.
EXCLUSIONS FROM COVERAGE;
The contractor expressly disclaims responsibility for any of the following items, each of
which is expressly excluded from this Limited Warranty:
1. Defects of any nature in any appliance or piece of equipment which are
covered by any manufacturer's warranty. Since each manufacturer's warranty
has been assigned directly to you, each such manufacturer's warranty claim
procedure must be followed where a defect of any nature appears in a warranted
item.
2. Damage due to ordinary wear and tear, abusive use, misuse, or lack of
proper maintenance of the Dwelling or its component parts or systems.
3. Defects in items installed by you or anyone other than the
contractor or subcontractors at contractor's orders.
4. Work done by you or anyone other than by the contractor or
subcontractors to the contractor's order.
5. Defects in items supplied by you.
6. Loss or injury due to the elements.
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Page 10
7. Conditions resulting from condensation on, or expansion or contraction of
materials.
8. Loss or injury to trees, shrubs, plants or lawn. The growth and longevity of
the trees, shrubs, plants and lawn are completely within your control and must be
properly watered, trimmed, fertilized and protected from insect, grubs and the
like. Loss, damages or diminution in value due to conditions that may adversely
affect the health of the occupants of the Premises due to materials under during
construction or natural phenomena occurring on or about the Premises.
9. Weather seepage about doors. During periods of severe inclement
weather, your doors may experience some seepage. Storm doors will usually
prevent such seepage, and we recommend that you install them.
10. Defects caused by further improvements to the house after closing. Such
a defect for example would occur if you purchased your home with an unfinished
upstairs. Upon bringing in the sheetrock and other materials you would need for
completing the upstairs, you would be substantially increasing the weight be held
by the first floor walls. This substantial increase in weight may cause the walls on
the first floor to compress slightly which may result in cracks appearing in the
sheetrock, trim to be separated from the ceiling or wells, and/or other cosmetic
damage.
IMPLIED WARRANTIES:
All implied warranties including, but not limited to warranties of merchantability, fitness
for a particular purpose, and habitability, with respect to the Dwelling, are included in
this Limited Warranty but are specifically limited to one (1) year or to the warranty
periods set forth in the above Section entitled "Coverages", whichever period is less.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
NO OTHER WARRANTIES:
This Limited Warranty is the only expressed warranty the contractor gives. HIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
CLAIMS PROCEDURE:
If a defect should appear which you believe is covered by this Limited Warranty, you
must promptly notify the contractor in writing at the address appearing at the bottom of
this Limited Warranty. You should describe the defect briefly and advise the contractor
when you will be home so that we can schedule a service call. If there is an emergency
and delay will cause additional damage (for example, if a pipe bursts), you may
telephone the contractor at the number listed at the bottom of this Limited Warranty.
Only emergency reports will be taken by phone.
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Page 11
Upon receipt by the contractor of your written report of a defect, if the defective items
are covered by this Limited Warranty, the contractor will repair or replace it at no charge
to you within sixty (60) days (longer if weather conditions, labor problems or material
shortages cause delays). The work will be done by the contractor or subcontractors
chosen by the contractor. The choice between repair or replacement is the contractor's.
SEVERABILITY:
In the event that any of the provisions of the Limited Warranty shall be held to be
invalid, the remainder of the provisions shall remain in full force and effect.
Date of Possession:
By
Address
Telephone:
WE HAVE READ THIS LIMITED WARRANTY AND ACKNOWLEDGE AND ACCEPT
ITS TERMS, AND AGREE THAT THE CONTRACTOR HAS NOT GIVEN ANY OTHER
WARRANTY, EXPRESS OR IMPLIED.
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Page 5
In Witness Whereof, the parties have executed this agreement at
on the date and year first written above.
TIMOTHY SENEY, OWNER
Signed: ���.
Signed:
Print: rt.✓ Print: ! U1� S!n
OWNER
Signed: J/
Print: N