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TR-2013-14 PLACEMENT OF HISTORIC RESTRICTION ON A PORTION OF S.S. PARK --- -- - - � -- _ C?� S, 5 _ Ct..� i 1 `� uvr(ti TR-2013-14 A RESOLUTION AUTHORIZING THE PLACEMENT OF HISTORIC RESTRICTION ON A PORTION OF SCHOOL STREET PARK (Sponsored by Richard A. Cohen) WHEREAS, on January 2, 2013 the Town of Agawam was notified that the Massachusetts Historical Commission was accepting applications to the Massachusetts Preservation Projects Fund and that these applications are due on March 8, 2013; and WHEREAS, the Massachusetts Preservation Projects Fund provides up to $100,000 for National Register listed properties for such activities as stabilization, protection, rehabilitation and restoration; and WHEREAS, the Massachusetts Preservation Projects Fund grant will be utilized to facilitate a portion of the cost of the stabilization, protection, rehabilitation and restoration of the "School Street Barn"; and WHEREAS, the Town of Agawam City Council has pending before it TR- C-) 2013-9 authorizing the Town to apply for said grant; and �C-) WHEREAS, the Town of Agawam desires to accept said grant, and n� i yr WHEREAS, as a condition of the grant the City Council must agree to 3 place a Historic Preservation Restriction on the property before funds will JRe tea? disbursed; -� WHEREAS, the Town with its application must present a letter of intent agreeing to place Historic Restrictions on the property if the grant is awarded; and WHEREAS, it is in the best interests of the Town of Agawam to agree to place Historic Restrictions on the property. . NOW THEREFORE, The AGAWAM CITY COUNCIL hereby resolves to convey a perpetual historic preservation restriction encumbering a portion of School Street Park land and barn building to the Commonwealth of Massachusetts, by and through the Massachusetts Historical Commission, on such term and conditions, and for . such consideration, as the Mayor deems appropriate, and The AGAWAM CITY COUNCIL hereby further resolves that the Mayor is authorized to execute said restrictions, as permitted by law, and to do all things necessary for the purposes so stated. IsL}b�e.ct�-� �� �zr�.��-t-- by 1= / GuNA n1 pj^ GAL 5raA-1- in 'ttV- aMouilt- DATED THIS DAY OF a , 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Ohnson, President APPROVE AS TO FORM AND LEGALITY - Vincent F. ioscia, Solicitor al� G� � MAYORAL ACTION Received thisdfl'� day of V� , 2013 from Council Clerk. Signed by Council President this day of M( �- l , 2013. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga&W Charter, as am ed I reby approve the passage of the above legislation on this day of 2013. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this day of Ma M ) 2013. F AG �1 pp � MP Town of Agawam Interoffice Memorandum To: Christopher C. Johnson, President Agawam City Council CC: Mayor Richard A. Cohen From: Deborah S. Dachos, Director Planning and Community Development Date: 2/13/13 Subject: Preservation Restriction In conjunction with the grant applications to the Massachusetts Historical Commission's (MHC) Preservation Project Fund and the Agawam Community Preservation Committee, a preservation restriction must be placed on the School Street Barn. A sample copy of such a restriction is attached. The purpose of the preservation restriction is to ensure that the Town will continue to maintain the barn and that all future improvements will comply with the Department of Interior standards. Both of these requirements are already being met by the Town. O i J FROM THE DESK OF... DEBORAH S.DACHOS DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TOWN OF AGAWAM 36 MAIN 5T AGAWAM.MA 01001 Email address planning@agawam.ma.us 413-786-0400 X 8738 Fax:413-786-9927 PRESERVATION RESTRICTION AGREEMENT between the COMMONWEALTH OF MASSACHUSETTS by and through the MASSACHUSETTS HISTORICAL COMMISSION and the The parties to this Agreement are the Commonwealth of Massachusetts, by and through the Massachusetts Historical Commission located at the Massachusetts Archives Building,220 Morrissey Boulevard,Boston, Massachusetts 02125, hereinafter referred to as the Commission,and the(Grantor of the PR and their Address), hereinafter referred to as the Grantor. WHEREAS,the Grantor is the owner in fee simple of certain real property with improvements known as the(property name)thereon as described in a deed dated from to recorded with the Registry of Deeds, Book ,Page and which is located at(physical address of property), hereinafter referred to as the Premises. The Premises is also described in Exhibit A full legal boundary description from deed cited above or Registry copy of deed cited above and legal-plot plan referenced as an additional Exhibit)attached hereto and incorporated herein by reference;and WHEREAS,the Premises includes,but is not limited to,the following(brief description of buildinp(s),structuro(s),and other features present on the Premises};and is also shown as Parcel on the Assessor's Map attached as Exhibit B hereto and incorporated herein by reference. WHEREAS,the Grantor wishes to impose certain restrictions,obligations and duties upon it as the owner of the Premises and on the successors to its right,title and interest therein,with respect to maintenance,protection,and preservation of the Premises in order to protect the architectural, archaeological and historical integrity thereof;and WHEREAS,the Premises is significant for its architecture, archaeology and/or associations, and was listed in the State and National Registers of Historic Places on(date listed)as a contributing resource to the District, and therefore qualifies for a preservation restriction under M.G.L., Chapter 184,section 32; and WHEREAS, the preservation of the Premises is important to the public for the enjoyment and appreciation of its architectural, archaeological and historical heritage and will serve the public interest in a manner consistent with the purposes of M.G.L. Chapter 184, sections 3 t, 32,and 33 hereinafter referred to as the Act; and - 1 - r WHEREAS,the Commission is a government body organized under the laws of the Commonwealth of Massachusetts and is authorized to accept these preservation restrictions under the Act; NOW, THEREFORE, for good and valuable consideration,the Grantor conveys to the Commission the following preservation restrictions, which shall apply in Perpetuity to the Premises. PURPOSE It is the Purpose of these preservation restrictions to ensure the preservation of those characteristics which contribute to the architectural,archaeological and historical integrity of the Premises which have been listed in the National and/or State Registers of Historic Places, under applicable state and federal legislation. Characteristics which contribute to the architectural,archaeological and historical integrity of the Premises include,but are not limited to,the artifacts, features, materials,appearance,and workmanship of the Premises,including those characteristics which originally qualified the Premises for listing in the National and/or State Registers of Historic Places. TERMS The terms of the Agreement are as follows: 1. Maintenance of Premises: The Grantor agrees to assume the total cost of continued maintenance,repair and administration of the Premises so as to preserve the characteristics which contribute to the architectural,archaeological and historical integrity of the Premises in a manner satisfactory to the Commission according to the Secretary of the Interior's"Standards for the Treatment of Historic Properties with Guidelines for Preserving,Rehabilitating, Restoring, and Reconstructing Historic Buildings"(36 CFR 67 and 68), as these may be amended from time to time.The Grantor may seek financial assistance from any source available to it.The Commission does not assume any obligation for maintaining, repairing or administering the Premises. 2. Inspection: The Grantor agrees that the Commission may inspect the Premises from time to time upon reasonable notice to determine whether the Grantor is in compliance with the terms of this Agreement. 3. Alterations: The Grantor agrees that no alterations shall be made to the Premises, including the alteration of any interior,unless(a)clearly of minor nature and not affecting the characteristics which contribute to the architectural, archaeological or historical integrity of the Premises,or(b)the Commission has previously determined that it will not impair such characteristics after reviewing plans and specifications submitted by the Grantor,or(c)required by casualty or other emergency promptly reported to the Commission.Ordinary maintenance and repair of the Premises may be made without the written permission -2 - of the Commission. For purposes of this section, interpretation of what constitutes alterations of a minor nature and ordinary maintenance and repair is governed by the Restriction Guidelines which are attached to this Agreement and hereby incorporated by reference. 4. Notice and Approval: Whenever approval by the Commission is required under this restriction,Grantor shall request specific approval by the Commission not less than(30)days prior to the date Grantor intends to undertake the activity in question.A request for such approval by the grantor shall be reasonably sufficient as a basis for the Commission to approve or disapprove the request. The notice shall describe the nature,scope,design,location,timetable and any other material aspect of the proposed activity in sufficient detail to permit the Commission to make an informed judgment as to its consistency with the purposes of this Preservation Restriction. Within(30)days of receipt of Grantor's reasonably sufficient request for said approval,the Commission shall, in writing,grant or withhold its approval,or request additional information relevant to the request and necessary to provide a basis for its decision. However, should the Commission determine that additional time is necessary in order to make its decision the Commission shall notify the Grantor. The Commission's approval shall not be unreasonably withheld,and shall be granted upon a reasonable showing that the proposed activity shall not materially impair the Purpose of this Agreement.Failure of the Commission to make a decision within sixty(60)days from the date on which the request is accepted by the Commission or notice of a time extension is received by the Grantor shall be deemed to constitute approval of the request as submitted,so long as the request sets forth the provisions of this section relating to deemed approval after the passage of time. 5. Assignment: The Commission may assign this Agreement to another governmental body or to any charitable corporation or trust among the purposes of which is the maintenance and preservation of historic properties only in the event that the Commission should cease to function in its present capacity. 6. Validi1y and Severabili : The invalidity of M.G.L. c. 184 or any part thereof shall not affect the validity and enforceability of this Agreement according to its terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. 7. Recordina: The Grantor agrees to record this Agreement with the appropriate Registry of Deeds and file a copy of such recorded instrument with the Commission. 8. Archaeological Activities: The conduct of archaeological activities on the Premises, including without limitation, survey, excavation and artifact retrieval,may occur only following the submission of an archaeological field investigation plan prepared by the Grantor and approved in writing by the State Archaeologist of the Massachusetts Historical Commission(M.G.L. Ch.9, Section 27C,950 CMR 70.00). - 3 - 9. Other Provisions: None applicable. The burden of these restrictions enumerated in paragraphs 1 through 9,inclusive,shall run with the land and is binding upon future owners of an interest therein. i - 4 - IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 12013. TITLE OF ORGANIZATION By.- 'Name: Title: COMMONWEALTH OF MASSACHUSETTS ,ss. On this day of , 2013, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was(a current driver's license)(a current U.S. passport)(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 s/he signed it voluntarily for its stated purposes. Notary Public My Commission Expires- - 5 - APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION The undersigned hereby certifies that the foregoing preservation restrictions have been approved pursuant to Massachusetts General Laws,Chapter 184, section 32. MASSACHUSETTS HISTORICAL.COMMISSION By Brona Simon Executive Director and Clerk Massachusetts Historical Commission COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. On this day of , 2013, before me, the undersigned notary public, personally appeared Brona Simon, proved to me through satisfactory evidence of identification, which was ( ' I inense) ( ) (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 she signed it voluntarily for its stated purposes. Notary Public My Commission Expires - 6 - v TR-2013-14 A RESOLUTION AUTHORIZING THE PLACEMENT OF HISTORIC RESTRICTION ON A PORTION OF SCHOOL STREET PARK (Sponsored by Richard A. Cohen) WHEREAS, on January 2, 2013 the Town of Agawam was notified that the Massachusetts Historical Commission was accepting applications to the Massachusetts Preservation Projects Fund and that these applications are due on March 8, 2013; and WHEREAS, the Massachusetts Preservation Projects Fund provides up to $100,000 for National Register listed properties for such activities as stabilization, protection, rehabilitation and restoration; and WHEREAS, the Massachusetts Preservation Projects Fund grant will be utilized to facilitate a portion of the cost of the stabilization, protection, rehabilitation and restoration of the "School Street Barn"; and WHEREAS, the Town of Agawam City Council has pending before it TR- 2013-9 authorizing the Town to apply for said grant; and WHEREAS, the Town of Agawam desires to accept said grant; and WHEREAS, as a condition of the grant the City Council must agree to place a Historic Preservation Restriction on the property before funds will be disbursed; WHEREAS, the Town with its application must present a letter of intent agreeing to place Historic Restrictions on the property if the grant is awarded; and WHEREAS, it is in the best interests of the Town of Agawam to agree to place Historic Restrictions on the property. . r NOW THEREFORE, The AGAWAM CITY COUNCIL hereby resolves to convey a perpetual historic preservation restriction encumbering a portion f School Street Park land and barn building to the Commonwealth of Massachusetts, 'by and through the Massachusetts Historical Commission, on such term and conditions, and for such consideration, as the Mayor de ms appropriate; and The AGAWAM CITY COUNCIL hereby further resolves that the M or is authorized to execute said restrictions, as permitted by law, and to do all hings necessary for the purposes so stated. subject -1-o receyl bl t h t_ T. .in vf- ►✓ate off- a 9Nv,1- /h aynovAt aF �'/odf0do ' �6r-, the, 44QI.1 I�J-6., A— Cmm"fria,- r DATED THIS DAY OF , 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVE AS TO FORM AND LEGALITY incent F. ioscia, Solicitor FA 1 � 0 D Town of Agawam Interoffice Memorandum To: Christopher C. Johnson, President Agawam City Council CC: Mayor Richard A. Cohen From: Deborah S. Dachos, Director Planning and Community Development Date: 2/13/13 Subject: Preservation Restriction In conjunction with the grant applications to the Massachusetts Historical Commission's (MHC) Preservation Project Fund and the Agawam Community Preservation Committee, a preservation restriction must be placed on the School Street Barn. A sample copy of such a restriction is attached. The purpose of the preservation restriction is to ensure that the Town will continue to maintain the barn and that all future improvements will comply with the Department of Interior standards. Both of these requirements are already being met by the Town. 0 3� yo FROM THE DESK OF... DEBORAH S_DACHOS DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TOWN OF AGAWAM 36 MAIN ST AGAWAM,MA 01001 Email address planning@agawam.ma.us 413-786-0400 X 8738 Fax:413-786-9927 PRESERVATION RESTRICTION AGREEMENT between the COMMONWEALTH OF MASSACHUSETTS by and through the MASSACHUSETTS HISTORICAL COMMISSION and the The parties to this Agreement are the Commonwealth of Massachusetts,by and through the Massachusetts Historical Commission located at the Massachusetts Archives Building, 220 Morrissey Boulevard, Boston, Massachusetts 02125, hereinafter referred to as the Commission, and the(Grantor of the PR and their Address), hereinafter referred to as the Grantor. WHEREAS,the Grantor is the owner in fee simple of certain real property with improvements known as the(property name)thereon as described in a deed dated from to ,recorded with the Registry of Deeds, Book , Page ,and which is located at(physical address of property), hereinafter referred to as the Premises. The Premises is also described in Exhibit A (full legal boundary description from deed cited above or Registry cony.of deed cited above and legal -plot plan referenced as an additional Exhibit)attached hereto and incorporated herein by reference;and WHEREAS,the Premises includes,but is not limited to,the following brief descri tian of building(s),structureand other features present on the Premises);and is also shown as Parcel on the Assessor's Map attached as Exhibit B hereto and incorporated herein by reference. WHEREAS,the Grantor wishes to impose certain restrictions,obligations and duties upon it as the owner of the Premises and on the successors to its right,title and interest therein,with respect to maintenance,protection, and preservation of the Premises in order to protect the architectural,archaeological and historical integrity thereof;and WHEREAS, the Premises is significant for its architecture, archaeology and/or associations, and was listed in the State and National Registers of Historic Places on(date listed)as a contributing resource to the District, and therefore qualifies for a preservation restriction under M.G.L., Chapter 184, section 32; and WHEREAS,the preservation of the Premises is important to the public for the enjoyment and appreciation of its architectural, archaeological and historical heritage and will serve the public interest in a manner consistent with the purposes of M.G.L.Chapter 184, sections 31, 32, and 33 hereinafter referred to as the Act; and - I - WHEREAS,the Commission is a government body organized under the laws of the Commonwealth of Massachusetts and is authorized to accept these preservation restrictions under the Act; NOW,THEREFORE,for good and valuable consideration,the Grantor conveys to the Commission the following preservation restrictions,which shall apply in Perpetuity to the Premises. PURPOSE It is the Purpose of these preservation restrictions to ensure the preservation of those characteristics which contribute to the architectural,archaeological and historical integrity of the Premises which have been listed in the National and/or State Registers of Historic Places, under applicable state and federal legislation. Characteristics which contribute to the architectural,archaeological and historical integrity of the Premises include,but are not limited to,the artifacts,features,materials,appearance,and workmanship of the Premises,including those characteristics which originally qualified the Premises for listing in the National and/or State Registers of Historic Places. TERMS The terms of the Agreement are as follows: l. Maintenance of Premises: The Grantor agrees to assume the total cost of continued maintenance, repair and administration of the Premises so as to preserve the characteristics which contribute to the architectural,archaeological and historical integrity of the Premises in a manner satisfactory to the Commission according to the Secretary of the Interior's"Standards for the Treatment of Historic Properties with Guidelines for Preserving,Rehabilitating, Restoring, and Reconstructing Historic Buildings"(36 CFR 67 and 68), as these may be amended from time to time. The Grantor may seek financial assistance from any source available to it. The Commission does not assume any obligation for maintaining, repairing or administering the Premises. 2, Inspection: The Grantor agrees that the Commission may inspect the Premises from time to time upon reasonable notice to determine whether the Grantor is in compliance with the terms of this Agreement_ 3. Alterations: The Grantor agrees that no alterations shall be made to the Premises,including the alteration of any interior,unless(a)clearly of minor nature and not affecting the characteristics which contribute to the architectural, archaeological or historical integrity of the Premises, or(b)the Commission has previously determined that it will not impair such characteristics after reviewing plans and specifications submitted by the Grantor,or(c)required by casualty or other emergency promptly reported to the Commission. Ordinary maintenance and repair of the Premises may be made without the written permission -2 - of the Commission. For purposes of this section, interpretation of what constitutes alterations of a minor nature and ordinary maintenance and repair is governed by the Restriction Guidelines which are attached to this Agreement and hereby incorporated by reference. 4. Notice and Approval: Whenever approval by the Commission is required under this restriction, Grantor shall request specific approval by the Commission not less than(30)days prior to the date Grantor intends to undertake the activity in question.A request for such approval by the grantor shall be reasonably sufficient as a basis for the Commission to approve or disapprove the request.The notice shall describe the nature,scope,design, location,timetable and any other material aspect of the proposed activity in sufficient detail to permit the Commission to make an informed judgment as to its consistency with the purposes of this Preservation Restriction.Within(30)days of receipt of Grantor's reasonably sufficient request for said approval,the Commission shall, in writing,grant or withhold its approval,or request additional information relevant to the request and necessary to provide a basis for its decision. However, should the Commission determine that additional time is necessary in order to make its decision the Commission shall notify the Grantor. The Commission's approval shall not be unreasonably withheld,and shall be granted upon a reasonable showing that the proposed activity shall not materially impair the Purpose of this Agreement. Failure of the Commission to make a decision within sixty(60)days from the date on which the request is accepted by the Commission or notice of a time extension is received by the Grantor shall be deemed to constitute approval of the request as submitted,so long as the request sets forth the provisions of this section relating to deemed approval after the passage of time. 5. Assi ment: The Commission may assign this Agreement to another governmental body or to any charitable corporation or trust among the purposes of which is the maintenance and preservation of historic properties only in the event that the Commission should cease to function in its present capacity. 6. Validity and Severability: The invalidity of M.G.L. c. 184 or any part thereof shall not affect the validity and enforceability of this Agreement according to its terms.The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. 7. Recording: The Grantor agrees to record this Agreement with the appropriate Registry of Deeds and file a copy of such recorded instrument with the Commission. 8. Archaeological Activities: The conduct of archaeological activities on the Premises, including without limitation, survey, excavation and artifact retrieval, may occur only following the submission of an archaeological field investigation plan prepared by the Grantor and approved in writing by the State Archaeologist of the Massachusetts Historical Commission(M.G.L. Ch.9, Section 27C, 950 CMR 70.00). 3 9. Other Provisions: None applicable. The burden of these restrictions enumerated in paragraphs 1 through 9, inclusive, shall run with the land and is binding upon future owners of an interest therein. -4 - IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2013. TITLE OF ORGANIZATION By: Name: Title: COMMONWEALTH OF MASSACHUSETTS ,ss. On this day of , 2013, before me, the undersigned notary public, personally appeared ,proved to me through satisfactory evidence of identification, which was(a current driver's license)(a current U.S. passport)(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 s/he signed it voluntarily for its stated purposes. Notary Public My Commission Expires -5 - APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION The undersigned hereby certifies that the foregoing preservation restrictions have been approved pursuant to Massachusetts General Laws, Chapter 184,section 32. MASSACHUSETTS HISTORICAL COMMISSION By - - Brona Simon Executive Director and Clerk Massachusetts Historical Commission COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. On this T day of ,2013, before me, the undersigned notary public, personally appeared Brona Simon, proved to me through satisfactory evidence of identification, which was (.,_SUFFOR dF;YeF'S lieense) ( ) (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 she signed it voluntarily for its stated purposes. Notary Public My Commission Expires - 6 - r TR-2013-14 A RESOLUTION AUTHORIZING THE PLACEMENT OF HISTORIC RESTRICTION ON A PORTION OF SCHOOL STREET PARK (Sponsored by Richard A. Cohen) WHEREAS, on January 2, 2013 the Town of Agawam was notified that the Massachusetts Historical Commission was accepting applications to the Massachusetts Preservation Projects Fund and that these applications are due on March 8, 2013; and WHEREAS, the Massachusetts Preservation Projects Fund provides up to $100,000 for National Register listed properties for such activities as stabilization, protection, rehabilitation and restoration; and WHEREAS, the Massachusetts Preservation Projects Fund grant will be utilized to facilitate a portion of the cost of the stabilization, protection, rehabilitation and restoration of the "School Street Barn"; and WHEREAS, the Town of Agawam City Council has pending before it TR- 2013-9 authorizing the Town to apply for said grant; and WHEREAS, the Town of Agawam desires to accept said grant; and WHEREAS, as a condition of the grant the City Council must agree to place a Historic Preservation Restriction on the property before funds will be disbursed; WHEREAS, the Town with its application must present a letter of intent o agreeing to place Historic Restrictions on the property if the grant is awardg; z and -., v cn C n� WHEREAS, it is in the best interests of the Town of Agawam to agreECfp 3rn place Historic Restrictions on the property. . D� NOW THEREFORE, The AGAWAM CITY COUNCIL hereby resolves '!% convey a perpetual historic preservation restriction encumbering a portion �F m School Street Park land and barn building to the Commonwealth of Massachusetts, by and through the Massachusetts Historical Commission, on such term and conditions, and for such consideration, as the Mayor deems appropriate; and The AGAWAM CITY COUNCIL hereby further resolves that the Mayor is authorized to execute said restrictions, as permitted by law, and to do all things necessary for the purposes so stated. r DATED THIS DAY OF 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President I APPROVE AS TO FORM AND LEGALITY Vincent F. ioscia, Solicitor FAG ,4% D Town of Agawam Interoffice Memorandum To: Christopher C. Johnson, President Agawam City Council CC: Mayor Richard A. Cohen From: Deborah S. Dachos, Director Planning and Community Development Date: 2/13/13 Subject: Preservation Restriction In conjunction with the grant applications to the Massachusetts Historical Commission's (MHC) Preservation Project Fund and the Agawam Community Preservation Committee, a preservation restriction must be placed on the School Street Barn. A sample copy of such a restriction is attached. The purpose of the preservation restriction is to ensure that the Town will continue to maintain the barn and that all future improvements will comply with the Department of Interior standards. Both of these requirements are already being met by the Town. n 0 .fl yo FROM THE DESK OF... DEBORAH S.DACHOS DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TOWN OF AGAWAM 36 MAIN ST AGAWAM,MA 01001 Email address planning@agawam.ma.us 413-786-0400 X 8738 Fax:413-786-9927 1 PRESERVATION RESTRICTION AGREEMENT between the COMMONWEALTH OF MASSACHUSETTS by and through the MASSACHUSETTS HISTORICAL COMMISSION and the The parties to this Agreement are the Commonwealth of Massachusetts, by and through the Massachusetts Historical Commission located at the Massachusetts Archives Building, 220 Morrissey Boulevard, Boston, Massachusetts 02125, hereinafter referred to as the Commission, and the(Grantor of the PR and their Address),hereinafter referred to as the Grantor. WHEREAS,the Grantor is the owner in fee simple of certain real property with improvements known as the(property name)thereon as described in a deed dated , from to , recorded with the Registry of Deeds,Book Page ,and which is located at(physical address of property), hereinafter referred to as the Premises.The Premises is also described in Exhibit A Lful1 legal boundp description from deed cited above or Registry copy of deed cited above and legal plot plan referenced as an additional Exhibit}attached hereto and incorporated herein by reference; and WHEREAS,the Premises includes,but is not limited to,the following(brief description of buildings]structure(s),and other features present on the Premises);and is also shown as Parcel on the Assessor's Map attached as Exhibit B hereto and incorporated herein by reference. WHEREAS,the Grantor wishes to impose certain restrictions, obligations and duties upon it as the owner of the Premises and on the successors to its right,title and interest therein, with respect to maintenance, protection, and preservation of the Premises in order to protect the architectural,archaeological and historical integrity thereof;and WHEREAS,the Premises is significant for its architecture,archaeology and/or associations, and was listed in the State and National Registers of Historic Places on(date listed)as a contributing resource to the District, and therefore qualifies for a preservation restriction under M.G.L., Chapter 184, section 32; and WHEREAS,the preservation of the Premises is important to the public for the enjoyment and appreciation of its architectural, archaeological and historical heritage and will serve the public interest in a manner consistent with the purposes of M.G.L. Chapter 184, sections 31, 32, and 33 hereinafter referred to as the Act; and - 1 - WHEREAS,the Commission is a government body organized under the laws of the Commonwealth of Massachusetts and is authorized to accept these preservation restrictions under the Act; NOW, THEREFORE, for good and valuable consideration,the Grantor conveys to the Commission the following preservation restrictions,which shall apply in Perpetuity to the Premises. PURPOSE It is the Purpose of these preservation restrictions to ensure the preservation of those characteristics which contribute to the architectural,archaeological and historical integrity of the Premises which have been listed in the National and/or State Registers of Historic Places, under applicable state and federal legislation. Characteristics which contribute to the architectural,archaeological and historical integrity of the Premises include,but are not limited to,the artifacts,features,materials,appearance, and workmanship of the Premises, including those characteristics which originally qualified the Premises for listing in the National and/or State Registers of Historic Places. TERMS The terms of the Agreement are as follows: 1. Maintenance of Premises: The Grantor agrees to assume the total cost of continued maintenance,repair and administration of the Premises so as to preserve the characteristics which contribute to the architectural, archaeological and historical integrity of the Premises in a manner satisfactory to the Commission according to the Secretary of the Interior's"Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings"(36 CFR 67 and 68), as these may be amended from time to time. The Grantor may seek financial assistance from any source available to it.The Commission does not assume any obligation for maintaining,repairing or administering the Premises. 2. Inspection: The Grantor agrees that the Commission may inspect the Premises from time to time upon reasonable notice to determine whether the Grantor is in compliance with the terms of this Agreement. 3. Alterations: The Grantor agrees that no alterations shall be made to the Premises, including the alteration of any interior, unless(a)clearly of minor nature and not affecting the characteristics which contribute to the architectural,archaeological or historical integrity of the Premises,or(b)the Commission has previously determined that it will not impair such characteristics after reviewing plans and specifications submitted by the Grantor, or(c)required by casualty or other emergency promptly reported to the Commission.Ordinary maintenance and repair of the Premises may be made without the written permission - 2 - r of the Commission. For purposes of this section, interpretation of what constitutes alterations of a minor nature and ordinary maintenance and repair is governed by the Restriction Guidelines which are attached to this Agreement and hereby incorporated by reference. 4. Notice and Approval: Whenever approval by the Commission is required under this restriction,Grantor shall request specific approval by the Commission not less than(30)days prior to the date Grantor intends to undertake the activity in question.A request for such approval by the grantor shall be reasonably sufficient as a basis for the Commission to approve or disapprove the request. The notice shall describe the nature,scope,design,location,timetable and any other material aspect of the proposed activity in sufficient detail to permit the Commission to make an informed judgment as to its consistency with the purposes of this Preservation Restriction. Within(30)days of receipt of Grantor's reasonably sufficient request for said approval,the Commission shall, in writing,grant or withhold its approval,or request additional information relevant to the request and necessary to provide a basis for its decision. However, should the Commission determine that additional time is necessary in order to make its decision the Commission shall notify the Grantor. The Commission's approval shall not be unreasonably withheld,and shall be granted upon a reasonable showing that the proposed activity shall not materially impair the Purpose of this Agreement. Failure of the Commission to make a decision within'sixty(60)days from the date on which the request is accepted by the Commission or notice of a time extension is received by the Grantor shall be deemed to constitute approval of the request as submitted,so long as the request sets forth the provisions of this section relating to deemed approval after the passage of time. 5. Assignment: The Commission may assign this Agreement to another governmental body or to any charitable corporation or trust among the purposes of which is the maintenance and preservation of historic properties only in the event that the Commission should cease to function in its present capacity. 6. Validity and Severability: The invalidity of M.G.L.c. 184 or any part thereof shall not affect the validity and enforceability of this Agreement according to its terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. 7. Recordinz: The Grantor agrees to record this Agreement with the appropriate Registry of Deeds and file a copy of such recorded instrument with the Commission. 8. Archaeological Activities: The conduct of archaeological activities on the Premises, including without limitation,survey, excavation and artifact retrieval, may occur only following the submission of an archaeological field investigation plan prepared by the Grantor and approved in writing by the State Archaeologist of the Massachusetts Historical Commission(M.G.L. Ch.9, Section 27C,950 CMR 70.00). - 3 - f 9. Other Provisions: None applicable. The burden of these restrictions enumerated in paragraphs I through 9, inclusive, shall run with the land and is binding upon future owners of an interest therein. -4 - IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,2013. TITLE OF ORGANIZATION By: Name: Title: COMMONWEALTH OF MASSACHUSETTS On this day of 2013, before me,the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was(a current driver's license)(a current U.S. passport)(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 s/he signed it voluntarily for its stated purposes. Notary Public My Commission Expires - 5 - APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION The undersigned hereby certifies that the foregoing preservation restrictions have been approved pursuant to Massachusetts General Laws,Chapter 184, section 32. MASSACHUSETTS HISTORICAL COMMISSION By Brona Simon Executive Director and Clerk Massachusetts Historical Commission COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. On this day of , 2013, before me, the undersigned notary public, personally appeared Brona Simon, proved to me through satisfactory evidence of identification, which was ( lieense) ( ) (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 she signed it voluntarily for its stated purposes. Notary Public My Commission Expires - 6 -