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WHITE BIRCH ESTATES - R. DEPALMA WHITE BIRCH ESTATES-R. DePalma 870-890-1071-1099-98-1121-22-23 D r J'70 cc:'Petitioner, flown Clerk, TtS En inees ETreasurers office R161870 P4p%7g,Board + PH 12: 2 3 TO': Town Treasurer Date 11 16 8 SUBJECT: Release of Performance Bond File No.' 870 At. an officially called and posted meeting held 11/16/78 the .Planning Board voted to release A� p3 O.Op of the monies held by the Tgwn to".gover performance of word by UI-oh I�Qpal:a 'otherwise known as -White ,Bitch; ­ . for project wn i to Ri rrb Tprr_ • This amount,As is 'r41'94eod- for work accepted by the Board E Oilr Bond dated: March 29, 1978 - `. . Lot #10 , Released in full n ng oar a rm an r;: - '• :ti' -a ��•� , '� 'dam •;� '�� , 'rt. an 'r `'` � .. - - .. �.�. ; -�:y.j,,+�7M;s;r1A�,,;''J:`22y•':,-;.".ar.aT'/./7. �,,.2'a,�..,.�ytn ,ra. 71a` '"{'" fir•' a' 'fi'ri'? �� a+�.''1�'rnr�(' y trl RAdr DE PALMA --k"& 4�� C U V L i�1 11 1} 11' , ! The -undersil;ned, Azilph UePaltn;?, hereinaf.'l.er called the 11G0V(�na111,or'i, h;:v:i.rll suWatted to the Planning, lioard of the 'Town of Agraw:ura, a de f':i ru tJ_vc p]. I.n of a su.r,- division entitled 11hite Birch hstrate by 11,11. }k 11e11rJLa. and parl.icular:l.y lol;s 10 �ynd 12, does hereby convenalat .end, {'agree w t a sai ' .r�nninB iJotjrd ::Ild this ;�ucccssars+ in office of said 13oard, pursuant to G.L. (Terr. Ld. ) C. l{l, Sec. 811U0 eau :araondcd, that: 1. The Gonventor is the owner of record of the prendses shown on said plr:n. 2. This Convenant shall run with the land and be binding upon thE: execuLors, administrators, heirs and assigns of the Covenantor, and their successors in title tom the premises on said plan. 3. The construction of ways and the installation of municipal services shall. be provided to serve any lots in accordance with the applicable rules and regulations of said Board before such lot may be built upon or conveyed, other than by mortgage deed, provided that a mortgagee who acquires title to the mortgaged premises by foreclosure, or otherwise, and any succeeding owner of the mortgaged premises, or part thereof, may sell t.ny such lot subject only to that portion of this Covenant which provides that no lot so sold shall be built upon until such ways and services have been pro- vided to serve such lots; provided, however, that prior to release of a lot or lots to be built upon or conveyed, the Board Inay require a depositor ' of money sufficient in to e opinion of the Board to secure final completion of ways and services required for the lots in the subdivision, as shown on a + said definitive plan. 4. Nothing herein shall be deemed to prohibit a, conveyance subject to this Covenant by a single deed of the entire parcel of land shown on the sub- division plan of all lots not previously released by the Planning Board, without first providing such ways and services. 5. This Covenant shall take effect upon approval of said plan. b. Reference to this Covenant shall be entered upon said plan .and this Covenam" shall be recorded when said plan is recorded. EXECUTED AS A SEALED INST14UiL IT THIS 1;?4^ day of lE;Il+• A proved on I� 1 .7 2 yr,�_,00 e a to Form date By ' W14 COUNSEL Title Notarized ' My Commission Expires December 2, 1971 AlAllt�tan��a E. Nolan _ _ Y RALPH DEPALMA AGAWAM, MASS. TOWN CLERK %FICE AGREEMENT AGAWAM. M- 5. This agreement, made this — 7th_ 19 �Ot� 4 N r 41975, at Agawam, Hampden County, Massachusetts, by and between RALPH DEPALM , herinafter called the Developer, and the TOWN OF AGAWAM, acting through its -Rlinfii;n'g Bo:ard',r.,.,F hereinafter called the Town, Witnesseth: Whereas, the Developer desires to carry out the development of WHITE BIRCH TERRACE, Lot 12, and Whereas, on July 10, 19729 the Planning Board of the Town of Agawam approved the plans for WHITE BIRCH TERRACE AND COLONY LANE entitled: "DEVELOPMENT PLAN FOR RALPH DEPALMA AGAWAM — MASS. SCALE: 1" = 40' Mar. 1972 C. E. ANDERSON ASSOCIATES SPRINGFIELD, MASS." :... NOW, THEREFORE, in consideration of the approval of the con— struction plan and profile by the Planning Board of said Town, the Developer agrees to complete the following items of work in a manner satisfactory to the Planning Board. ROADWAY: Construct a thirty (30) foot wide, 2j inch thick Type I-1 bituminous concrete roadway surface over a ten (10) inch compacted bank—run gravel base. All loam and other yielding material shall be removed from the roadway prior to the placing of the ravel base. The gravel base shall be installed in two five ( 5 inch layers each compacted with .a ten ton roller. This shall be covere with a 14 inch thick base course of Type I-1 bituminous concrete and rolled with. a ten ton rolleri then after the passage of one winter season, finished with a 14 inch thick top course of Type I-1 bituminous concrete. In addition the bituminous concrete shall be of a type and installed in such manner as to comply with the specifications of the Massachusetts Department of Public Works. GRAVEL: Gravel to be taken from State approved and tested banks only. If it is necessary to test certain gravel to determine if it meets the gradation requirements of the Massachusetts Department of Public Works, the cost of this test shall be borne by the Developer. WATER MAINS: Install eight (8) inch Class 150 cement lined cast iron water mains, hydrants , valves, blow—offs and appurtenances as shown on said plans. R.D. Wood, Mathews Impro'wel or A.P. Smith hydrants with 42 inch valve openingtally,b� (izserd ien-d lgl)10xbe i s.ta 'd:�wit a� ",T" :conn •ti crr��da �t mal`ri A4,0hL aPr9btV nral.iV[ei &Icthe I N.ew-rYo'.plc'--M rd�i�lir ,ror �.at3t to Q A gib oxl��=a� ma'ttiriEB��tishall conform with the standards of the Department of Public Works of the Town. SURFACE DRAINAGE: Install reinforced concrete pipe, catch basins, curb inlets , manholes, headwall and rip—rap as shown on said plans. All work and materials shall conform to the standards of the Dep— artment of Public Works of the Town. BERMS: The Developer shall install a bituminous concrete edging or berm along the gutter of all streets. All berms shall be ins— talled using an approved berm forming machine and bituminous concrete Type I-1 berm mix. The berms shall be carefully and fully protected after placing until they have lost all of the heat and until they have become completely stable. SIDEWALKS: The Developer shall construct sidewalks on both sides ' of the street in all,-paved areas as shown on said plans. Sidewalks are to be five ( 5) feet in width and consist of an eight (8) inch I bank run gravel base and a two (2) inch Type I-1 bituminous concrete surface. The gravel base shall be wider by three (3 ) inches on each side than the five ( 5) foot bituminous surface. The elevatio of the edge of the sidewalk nearest to the roadway shall be at least eight (S) inches above the gutter grade of the road. l RALPH DEPALMA AGREEMENT TREEBELTS: The Developer shall install five ( 5) foot wide tree— belts on both sides of the streets between the edge of the road— way and the sidewalk. Treebelts are to be constucted with six(6) inches of loam which shall be finegraded, fertilized, seeded and rolled. The Developer shall care for the seeded areas, watering, reworking and reseeding them as necessary to develop a satisfacto y stand of grass . MONUMENTS: The Developer shall install all concrete bounds and iron pins shown on the plot plan of the approved subdivision, and their installation shall be certified in writing by a registered professional land surveyor. NOTIFICATION TO DEPARTMENT OF PUBLIC WORKS: The Developer shall notify the Department of Public Works at least twenty—four (24) hours in advance of the time when he plans to begin or resume work on this project. Failure on the part of the Developer to provide such notification shall be cause for the Town to require the Developer to excavate and reconstruct as necessary in order to insure that the work has been done in a satisfactory manner. PERFORMANCE GUARANTEE: The Developer shall furnish to the Town a performance bond in the amount of Three Hundred ( $300.00)dollars in a company or companies acceptable to the Town or shall deposit money with the Town, said amount to guarantee to the Town the faithful performance and completion by the Developer of all work required under this agreement within bne year:t of the date hereof. It is expressly understood and agreed by the parties hereto that any and all security be it in the nature of a performance bond acceptable to the Town or money deposited with the Town under this Performance Guarantee will be applied against any damage suffered by the Town for failure of the Developer to satisfactorily complete its obligation hereunder; and it is further understood and agreed by the parties that the Town specifically reserves its right to seek any additional damages incurred by the Town and not fully pro tected by the security under this performance guarantee. NOZZEICBIION OF COMELETION: Upon completion of all work required herein, the Developer shall notify the Town that the work is ready for final inspection with respect to the release of the guarantee. Release of the guarantee is contingent upon all work being completed in accordance with the standards and specifications included herett. IN WITNESS WHEREOF THE Town of Agawam has caused its corporate seal to be affixed hereto and these presents to be signed and sealed in its name and behalf by a majority of the Planning Board and the Town Clerk, and the Developer has signed these presents. TOWN OF AGAWAM DEV OPER TOWN CLERK APPROVED AS TO FORM—DATE (.� TOWN COUNSEL 1 -PLANNING BOARD ^ J OTE BIRCH TERRACE #870 PARTIAL RELEASE OP COMMIT This is to certify that the Agawam Planning Board has released Lot 12 on a definitive plan of m subdivision entitlod "Development Plan for Ralph DePalma, Agavmm, 141ass. , Scale 1"=401, 111arch, 1972, C.E. Anderson Associates, Springfield, lass., recorded in Hampden County Registry of Deed© in Boor of Plana 136, page 81, as said lot is subject to the provisions of a covenant dated September 26, 1974, tend given by Ralph DePalma to the Town of Agaimm. Said covenant being recorded in Hampden County Registry of Deeds in Book page AGAVIAN PLAIMING BOARD W n lie:t�l1 � Y W: J< v3 a oa Date; Nov. 139, ,1975 Comonwoalth of Nassachusetts Hampden so Then personally appeared the above named Natalie C. George, Robert S. Bergin, and Arthur J. Fuchs, members of the Agawan Planning Board, and acknowledged the foregoing to be their free act and deed before me. v230 ary Public l Comaission expires 9/1`7/76 CC,; .Term Clerk T1r. Conte Zile #840 Y �ePalma �C 4o SELECTMEN �� y c°�poR MPy�1 Agawam, Massachusetts December 7 , 1972 Edward Caba Town Clerk Re : White Birch #870 Agawam , Mass . Dear Mr. Caba : Based on the recommendation of the Planning Board in their letter dated December 4 , 1972 , the Board of Selectmen unanimously voted at their meeting of December 4 , 1972 to release $6 ,400 . 00 and retain $12 ,400 . 00 on the above bond. Very truly yours , BOARD OF SELECTIJEN BY - Executive Secretary /cm cc : Dave Gallano Planning Board DEC • r 1 1 i TOWN N 7nlArni r• - • r RALPH DE PALMA F AGq °a White Birch q D / 4 �� 93 PLANNING BOARD i AGAWAM, MASSACHUSETTS ` �RATEp May } REIEASE OF COVENANT This is to certify that the Agawam Planning Board has released lots 10-17 on a definitive plan of a sub-division entitled "Development Plan for Ralph f. DePalma Agawam - Massachusetts Scale: 1 in. = 40 ft. Mar., 1972 Co E: Anderson Associates Civil Engineers Lid Surveyors Lend Planning Con- s ,'. sultants Springfield - Massachusetts" recorded in Hampden County Registry , x, of Deeds in Book of Plans 136, page 81, as said hats are subject to the provisions of a covenant dated June 7, 1972, and given by Ralph DePalma to the Town o,: Agawam. Said covenant being recorded in Hampden County Registry of Deede in Book 3711, page 54.5. Nownber 28 1972 Ail a , J r Hampden so Commonwealth of Massachusetts s` Then personally appeared the above named John T. Burns, Paul M. Fieldstad and Charles R. Calabrese,members of the Agawam Planning Board and acknowledgedthe foregoing to be their free act and deed before me: Hy ssion Wires "0 9� SELECTMEN �y1'y(1 � H ti O py�'1 Agawam, Massachusetts AT� November 7 , 1972 Edward Caba , Town Clerk Agawam, Massachusetts Re : White Birch Terrace #f870 Dear Mr. Caba : Based on the recommendation of the Planning Board in their letter dated October 19 , 1.972 , the Board of Selectmen voted unanimously at their meeting held on Monday, November 6 , 1972 to release $7 ,600 . 00 and retain $12 ,400 . 00 on the above stated sub-division. Very truly yours , BOAR OF SE1,E TM :N JoUph, M. Faucette , Chairman /cm cc : Planning Board Treasurer NOV '72 PM -4 L4`14 �OF AGAWAM TOWN CLERK'S OFFlrF . DE PALMA TOWN OF AGAWAM g� 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 �p��'ATE4 r�Py Tel. 413-786-0400 August 31 , 1973 David Gallano Town Treasurer Town of Agawam Massachusetts •`n Re: White Birch Terrace #870, Dear Mr. . Gallano: Based upon the recommendation of the Planning Board and Town Engineer, i approve the release of $4,000.00 on the bond for White Birch Terrace. Very truly yours, ales D. Westman Town Manager JDW: lam cc: -"'Edward A. Caba,;t Town Clerk Planning Board T- To% 0 -#'. I,V • U 4F G•q�y9 ��� PLANNING BOARD AGAWAM, MASSACHUSETTS ,.►! PARTIAL REIRA,SE OF COVENANT This is to certify that the Agawam Planning Board has released Lots 100 11, - 12, 13, .15 and. 16 inclusive, on a definitive plan of a sub-division entitled o "development Plan for Ral h DePalmaAgawam - Massachusetts Scaler 1 IN. �Sk 40 FT; Mar., .1972 C. E. .Anderson Associates Civil Engineers Land Surveyors Land Planning Consultants Springfield - Massachusetts" recorded in Hampden s County Registry of Deeds in Book of Plans 136; page 81 as said lots are sub- E ject to the provisions of a covenant dated June 7►-.1972; and given by Ralph DePa]ma to the Totmn of Agawam., . Said covenant being recorded in Hampden County Registry, of. Deeds in Book 3711, page 545• August 28 1972 C1A A PLANNING r DO G,�S 1AA r i Hampden se Ccmmonwealth of Massachusetts Then personally appeared the above named- Charles R. Calabrese, Albert J. Bonav?ita, John T.Burns, and Cheater J. Nicora, Jr., members of the Agawam Planning- Hoard, and acla=ledged the foregoing to be their free act and deed before me. � My commission eipi.res DE PALMA FA PLANNING BOARD AGAWAM, MASSACHUSETTS y 1 oo�oiP MPy` ATEQ August 15, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Ralph DePalma White Birch Estates #870 Dear Mr. Caba: Please execute the attached agreemerrton the ahove sub-division. Attadhed is copy of bank book and copy of Mr. Stone 's letter of June 121, 1972. Very truly yours, CL " Charles Calabrese, Chairmclffi- C/1 r A/ t` A �Ow - - Numbtr S 649445 SPRINGFIELD INSTITUTION FOR SAVINGS 1454 MAIN STRW SPRINGFIELD, MASSACHUSMS 01101 . ESTABLISHED 1827 ( 1 IN ACCOUNT WITH Tow:1 Of Agawam Subject to idthdrawal. by Tovm Treasurer 1 For the tot,, of Agawam ALWAYS 1 VERIFY ENTRY tm day of deposit to day of NA BEFORE LEAVING WINDOW'•maintained 4o.next div_idenj t 1 DATE WITHDRAft DEPOSJT INTEREST DALANCE TELLER ! ESTABLISHED 1827 01"" r ANO Wly"O"AWAL r L{� sure SHO aB M1AaA S OVT aV ACP09YTOR_ _T-____ __J� I ' TOWN OF AGAWAM 9 3 DEPARTMENT OF PUBLIC WORKS ter!�► . _ TOWN ADMINISi'M71pN BUILDING AGAWAM, MASSAC 1 USEM June •12, 1972 . Planning Board Agawam, Hass. Res White BjZch S t tes Gentlemem - At your request we have prepared a bond estimate for + white Birch Estates lots 10 -- 13 and 15 and 16. We estimate 1t1 that securities in the amount of $20,000 mill be necessary --- to--insure the. completion of all improvements serving lots stated above. Very truly yours, ohn P. Stone, Town Engineer to d F � , Z �Q13 lannir�85a�a - , i JPS3 mp tJIi1TE BIRCH "TERRACE `�, s f 1JM. • AGREEkIEIr This agreement, made this q'Z day of 1972., at Agawam., Hampden County, Massachusetts., by and between F_41j-fYjDEPA.UjAJ, hereinafter called the Developer, and the TOUN OF AGA;lN, acting through its Board of Selectmen, hereinafter called the Town, Witnesseth: WHEREAS, the Developer desires to carry out the development of VN ITE BIRCH 'TERRACE , Lots 10, i1, 12, 131 15, and 16, and [:AREAS, on July 10, 1972 the Planning Board of the Team of Agawam approved the plans for 11HITE BIRCH TEWCE :ntitled: 11DEVELOPM4T PIAid FOR RALPH DEPA II1A AGANA14 - MASS. SCALE: 1 ' = 40' PAR. 1972 Ce E. ANDERSON ASSOCIATES SPRINGFIEID, .MASS. N10111,THEREFOhE, in consideration of the approval of the construction plan and profile by the Planning Board of said Town, the Developer agrees to complete the following items of work. in a manner satisfactory to the Board of Selectman: ROAMIAY: Construct a thirty (30) foot wide, 22 inch Thick. Type I-1 bituminous concrete roadway surface aver a ten, (10) inch compacted bank-run gravel base. All loam and other yielding material shall be removed from the roadway prior to the placing of the gravel base. The gravel base shall be installed in two five (5) inch layers each compacted with a ten ton roller. This shall be covered wits a 14 inch thick base course of Type I-1 bituminous concrete and rolled with a ton ton roller; then, after the passage of one 'inter seaoun, finished with a 14 inch thick top course of Type: I-1 bituminous concrete. In addition the bittminous concrete shall be of a typo and installed in such a manner as to comply with the specifications of the Massachusetts Department of Public-Torks. ' GfUIVEL: Gravel to be taken from State approved and tested banks only. If it is necessary to test certain gravel to determine if it meets the gradation requirements of the Massachusetts Department of Public Works, the cost of this teot shall be borne by the Developer. i9ATER tiAINS: Inotall eight (8) inch Class 150 cement lined cast iron water mains, hydn.at,;valves, blow-offs and appurtenances as ashown on acid plans. R.D. Ulood, Na•thE;rs Improved or A. P. Smith hydrants with 4L- inch valve opening shall be uuod and shall be installed with a "TQ connection at the main with a gate valve of the New York iletropolitan style. All work and materials shall conform with the standards of the Department of Public Works of the Town. SURFACE DRAINAGE: Install reinforced concrete pipe, catch basins, curb inlets, manholes, headwall and rip-rap as shown on said plans. All work and materials shall conform to the standards of the Department of Public Works of the Town. BERKS: The Developer shall install a bituminous concrete edging or berm along the gutter lines of all streets. All berms shall, be installed using an approved bean forming machine and bituminous concrete Type I-1 berm mix. The berms shall be carefully and fully protected after placing until they have lost all of the heat and until they have become completely stable. SIDEWALKS: The Developer shall construct sidewalks on both sides of the street in all paved areas as shown on said plans. Sidewalks are to be five (5) feet in width and consist of an eight (9) inch bank run gravel base and a two (2) inch Type I-1 bituminous concrete surface. The gravel base all be wider by three (3) inches on each side than the five (5) foot bitumin us surface. The elevation of the edge of the sidewalk nearest to the roadway ,shall be at least eight (8) inches above the gutter grade of the road. TREEBELTS: The Developer shall install five (5) foot wide treebelts on both sides of the streets between the edge of the roadway and the sidewalk. Tree- bolts are to be constructed with six (6) inches of loam which shall be fine- •a r r - 2 -. WHITE BIRCH TERRACE AGRME NT graded, fertilized, seeded and rolled. The Developer shall care for the seeded areas, watering, reworking and reseeding them as necessary to develop a satis- factory stand of grass. I�NONiJ MNTS: The Developer shall install all concrete bounds and iron pins shown { - on the plot plan of the approved subdivision, and their installation shall be certified in writing by a registered professional land surveyor. NOTIFICATION TO DEPARU ENT OF PUBLIC WORKS The Developer shall notify the Department of Public Works at least twenty-four(24) hours in advance of the time when he plans to begin or resume work on this project. Failure on the part of the Developer to provide such notification shall be cause for the Town to require the Developer to excavate and reconstruct as necessary, in order to insure that the work has been done in a satisfactory manner. PERF'0fNANCE GUARANTEE: The Developer shall furnish the Town a performance bond S.I.S.Bankboo k in the amount of ,000.00 or deposit money or negotiable securities in this #649445 amount, to guarantee the Town the faithful performance by the Developer within two years of the date of this agreement of all work required herein. The amount of the above guarantee has been determined and agreed upon by the parties hereto, as the amount which the Town will be damaged by the breach of this contract on the part of the Developer and it is intended as liquidated damages and not as a penalty. NOTIFICATION OF OOMPIETION: upon completion of all work required herein, the Developer shall notify the Town that the work is ready for final inspection with respect to the release of the guarantee. Release of the guarantee is contin- gent upon all work being completed in accordance with the standards and speci- fications included herein. IN WITNESS M EREOF the Town of Agawam has caused its corporate seal to be affix- ed hereto and these presents to be signed and sealed in its name and behalf by the Chairman of the Planning Board and its Board of Selectmen, and the Developer, has signed these presents. TOWN OF AGAWAM DEVEIA Chairman APPROVED AS TO FORK:Town.C pel +� Date 7 � rdofSlec Town Cler 6- 4 Chairman of Planning Board I P g Board 0 pf AC PLANNING BOARD +n AGAWAM, MASSACHUSETTS y D May 25, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: White Birch Terrace - Ralph DePalma #870 Dear Mr. Caba: The Planning Board approved plans entitled "Development Plan for Ralph DePalma Agawam - Massachusetts Scale 1 in. = 40 ft. March, 1972 C. E. Anderson Associates Springfield - Mass., on May 23, 1972, subject to the acquisition of the drainage easement from the Commonwealth of Massachusetts. Also a bond or covenant must be received within the 20 day appeal period. Very truly yours, Charles Calabrese, Chairman c/l 14AY 2 5 '72 PM 4 Of AGPMAk TOWN CLERK'S OFFICE COVE rI I, "'the undersigned, RALPH DePAI26A, hereinafter called, the 4t "Covenantor" ,. having 'submitted to the .Planning Board of the Town of Agawam a definitive plan of a subdivision, entitled Development Plan for Ralph DePalma, Agawam, Massachusetts, Scale 1 inch = 40 feet , March, 1972 C. E. Anderson- Associates, Civil Engineers, Land Surveyors, and Land Planning Consultants, Springfield, Massachusetts, and particularly lots thereon numbered 10 through 17 inclusive, does hereby covenant and agree with said Planning Board and the successors in office of said Board, pursuant to G. L. (Terr. Ed. ) C. 41, Sec . 81U, as amended, that:- 1 . The Covenantor is the owner. of record of the premises shown on said plan. 2. This Covenant shall run with the Land and be binding upon the executors, administrators, heirs and assigns of the Covenantor, and their successors in title to the premises on said plan; 3. The construction .of ways and the installation of municipal services shall be provided to serve any 'lots •in accordance with' the applicable rules and regulations of said Board before such• lot may be built upon or conveyed, other than by mortgage deed, provided that a mortgagee who acquires, title to the mortgaged premises by- foreclosure , or otY'ierwise, and any succeeding owner of the mortgaged premises, or -part thereof, may sell any such lot subject only to that portion of this Covenant which provides that no lot so sold shall be built upon until such ways and services have been provided to serve such lot ; provided, however, that prior to release of a lot or lots to be built upon or conveyed, the Board may require r` a deposit of money sufficient in the opinion of the Board 'o secure final completion of ways and services required for 4 � th lots in the subdivision, as shown on said definitive plan. � 1ti G q% � t � y.Not ing herein shall be deemed to prohibit a conveyance subjec - t r� :v his Covenant by a single deed of the entire parcel of land s n on the. subdivision plan of all lots not previously ased by the Planning; Board, without first providing such s and services. ti This Covenant shall take effect upon approval of said plan. i • 6. Reference to this Covenant shall be entered upon said plan and and the Covenant shall be recorded when said plan is recorded. 7.. This Covenant shall be subject to the acquisition of the drainage easement from the Commonwealth of 'Massachusetts. EXECUTED AS A SEALED -INSTRUMENT THIS seventh day of June, 1972 b R .LP' D eYAL2A COMMONWEALTH OF MASSACHUSETTS Hampden, ss June 7, 1972 Then personally appeared the above—named ,RA:LPH DePALMA and acknowledged the foregoing instrument- to be hia .free act and deed before. me. Bert G. eannapie.co, Notary blic . Nay commission expires June 29, 1973 . F Viadd PLANNING BOARD v� AGAWAM, MASSACHUSETTS oo�°oR �Ay�'1 1 April 7, 1972 Air. Edward Caba Town Clerk Agawam, Mass, Re: DePalma #870 Dear Mr. Caba: The Planning Board has received plans entitled "Development Plan for Ralph DePalma Agawam - Massachusetts C. E. Anderson Associates March 1972". Very truly yours, c/1 Charles Calabrese, Chairman tj? '�r%� � CLERv,C i 9 f FORM B APPLICATION FOR APPROVAL OF DEFINITE PLAN FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A COPY WITH THE TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTION III-B AGAWAM ......................Ap!.i.1..._ _._.-.. 19�.2............... To the Planning Board: The undersigned herewith submits the accompanying Definite Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Agawam. 1. Name of Subdivider ............Ra_1_ph___DePa 1_ma--._. ._ Address -•------------------2-2---Cooley... t . Agawamt Mass '. 2. Name of Engineer or Surveyor-------- ......E-....A�der,5.on...AsSoci•ate5..............................I................... 100 Chestnut St . , Springfield, Mass .' Address - .....----•-•------- ----------------- ------------- ••---..........----------•-••---------------------....------------. t Hampden.......................................... Registry, .................... t Book6 3.66$. g ................................ ................._..--------------------- 4. Location and Description of Property: Beginning at the southeasterly corner of Lot No. 8 as recorded in a plan of lots as recorded in the Hampden County Registry of Deeds in Book of Plans 110, page 4, and running thence along said Lot No. 8, 14 '440 51 ' E, 1201 ;' thence along Lot No. 8 and No. 9 as shown on said plan, N 490 52 ' 30" W, 254. 33 ' ; thence along land now or formerly of Benjamin J. Vi ctor i ck, N 130 40 ' 30" E, 237. 24 ' ; thence along land of the Commonwealth of Massachusetts , . S 87° 51 ' E, 542. 23 ' ; thence continuing along land of said Commonwealth , S : 170 24 ' 40" W, 497.061 ; thence along land now or formerly of one Olson, N 72° 35 ' 20" W, 125. 00 ' ; thence continuing along land of said Olson, S 1;70 24 ' 40" W, 57. 471 ; thence along Lots No. 6 and 7 ,as shown ' on above plan, N 45"09= W, 116. 85 ' ; thence along Lot No. 7 ,as shown on said, plan, S 44° 51 ' W, 1201 ; thence along the northeasterly 3 line of Maynard Street , 50.00 ' to the point of beginning . APR 7 '72 PM 081' ', APAgawam FlanningBaard RMass. Ln Q TOWN OF AGAWAM TOWN CLERK'S OFFICE Your attention is directed to Section III, B. 3 of the Subdivision Rules and Regulations requiring the posting of a bond or recording of a covenant BEFORE approval can be given. t Signature of owner .. .. Address ... ---•- _ .. ....:..... ......... i 1 • • 0q0 OF �q 0 a� �3`` PLANNING BOARD � AGAWAM, MASSACHUSETTS I d Z Rq p M Nov. 21, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: DePalma #870 Dear Mr. Caba: Please execute the enclosed agreement. Attached is coppyy of Mr. Stone's letter of October 20, 1972, and copy of Mr. Gallanto's letter of Nov. 1, 1972. Very truly yours, Ch �esa (re6&se, c/l Enc s4 Cm� ; '72 DN rtr uF AGAWAM n�„I�r f l ;:RK'C nwPF ti RALPH DEPAL.MA AGAWAM, MASS. AGREEMENT This agreement, made this day of t,.,, 1972, at Agawam, Hampden County, Massachusetts, by and between RALPH DEPAIMA, hereinafter called the Developer, and the TOWN OF AGAWAM, acting through its Board of Selectmen, hereinafter called tl.e Town, Witnesseth: Whereas, the Developer desires to carry out the development of WHITE BIRCH TERRACE AND COLONY LANE, Lots 10-17 inclusive, and Whereas, on July 10, 1972, the Planning Board of the Town of Agawam apnro• ved the plans for WHITE BIRCH TERRACE AND COLONY LANE entitled: "DEVELOPMENT PLAN FOR RALPH DEPAIMA AGAWAM - MASS. SCALE: 1 ' = 401 MAR. 1972 C. E. ANDERSON ASSOCIATES SPRINGFIELD, MASS." NOW, THEREFORE, in consideration of the approval of the construction plan and profile by the Planning Board of said Town, the Developer agrees to comple�e the following items of work in a manner satisfactory to the Board of Selectmen; EOADWAY: Construct a thirty (30) foot wide, 21 inch thick Type I-1 bituminous concrete roadway surface over a ten (10) inch compacted bank-run gravel base. All loam and other yielding material shall be removed from the roadway prior to the placing of the gravel base. The gravel base shall be installed in two five (5) inch layers each compacted with a ten ton roller. This shall be covered with a 14 inch thick base course of Type 1-1 bituminous concrete and rolled with a ten ton roller; then after the passage of one winter season, finished witl a 1� inch thick top course of Type I-1 bituminous concrete. In addition the bituminous concrete shall be of a type and installed in such manner as to comply with the specifications of the Massachusetts Department of Public Works. GRAVEL: Gravel to be taken from State approved and tested banks only. If it is necessary to test certain gravel to determine if it meets the gradation requirements of the Massachusetts Department of Public works, the cost of this test shall be borne by the Developer. WATER MAINS: Install eight (8) inch Class 150 cement lined cast iron water mains, hydrants, valves, blow-offs and appurtenances as shown on said plans. H. D. hood, Mathews Improved or A. P. Smith hydrants with 4j inch valve opening shall be used and shall be installed with a "T" connection at the main with a pate valve of the New York Metropolitan style. All work and materials shall conform with the standards of the Department of Put•lic Works of the Town. SURFACE DRAINAGE: Install reinforced concrete pipe, catch basins, curb inlets, manholes, headwall and r ip-rap as shown on said plans. All work and materials shall conform to the standards of the Department of Public works of the Town. BERhIS: The Developer shall install a bituminous concrete edging or berm along the gutter lines of all streets. All berms shall be installed using an approved berm forming machine and bituminous concrete Type I-1 berm mix. The berms shall be carefully and fully protected after playing until they have lost all of the heat and until they have become completely stable. SIDEWALKS: The Developer shall construct sidewalks on both sides of the street in all paved areas as shown on said plans. Sidewalks are to be five (5) Foot in width and consist of an eight (8) inch bank run gravel base and a two (2) inch Type I-1 bituminous concrete surface. The gravel base shall be wider by three (3) inches on each side than the five (5) foot bituminous surface. The elevation of the edge of the sidewalk nearest to the roadway shall be at least eight (8) inches above the gutter grade of the road. TREEBELTS: The Developer shall install five (5) foot wide treebelts on both sides of the streets between the edge o� the roadway and the sidewalk. Tree- belts are to be constructed with six (b inches of loam which shall be fine- yr 1 L RALPH DEPAiMA • l� '' /, AGREEMENT graded, fertilized, seeded and rolled. The Developer shall care for the seeded areas, watering, reworking and reseeding teem as necessary to develop a satis- factory stand of grass. MONU4ENTS: The Developer shall install all concrete bounds and iron pins shown on the plot plan of the approved subdivision, and their installation shall be certified in writing by a registered professional land surveyor. NOTIFICATION TO DEPARTMENT OF PUBLIC WORKS: The Developer shall notify the Department of Public Works at least twenty-four (24) hours in advance of the time when he plans to begin or resume work on this project. Failure on the part of the Developer to provide such notification shall be cause for the Town to require the Developer to excavate and reconstruct as necessary in order to insure that the work has been done in a satisfactory manner. PERFO MNCE GUARANTEE: The Developer shall furnish the Town a performance bond SIS Bankbook in the amount of $18,800.00 or deposit money or negotiable securities in this #649445 amount, to guarantee the Town the faithful performance by the Developer within two years of the date of this agreement of all work reouired herein. The amount of the above guarantee has been determined and agreed upon by the parties hereto as the amount which the Town will be damaged by the breach of this contract on the part of the Developer and it is intended as liquidated damages and not as a' penalty. NOTIFICATION OF CCMPLETION: Upon completion of all work reouired herein, the Developer shall notify the Town that the work is ready for final inspection with respect to the release of the guarantee. Release of the guarantee is contin- gent upon all work being completed in accordance with the standards and speci- fications included herein. IN WITNESS WHEREOF THE Town of Agawam has caused its corporate seal to be affix« ed hereto and these presents to be signed and sealed in its name and behalf by the " Chairman of the Planning Board and its Board of Selectmen, and the Developer has signed these presents. TOWN OF AGAWAM D LOPFJ W,VY c.- CHA IRMAN APPROVED AS TO FOFM DATE: ` BOARD O S C iEN ti TOWN CLE C I PLANNING BOARD i b � .�J// i}tii'.•r,�r� .ti^ � Tow 1,, Q C' Ac,, MY 11x1., .(�� Sri ''; " '• - ``' Uhl�l[:k:; of thc 'k'QI';,\ 'E'ki1'',ASEjkii::fZ I':ov.mber 1 , 19',2 Planning Board Agawam Massachusetts s Gentlemen : Re : White Birch Terrace #870 Please be advised that Mr. DePalma�uoes not wish to take the $7 ,600.00 allowed him in your letter of 19 Oct 1972: ther4 ore there is still on deposit in the Spring- field Institution for Savings, in the name of the Town of- agawam, Twenty Thousand ($20,000.00 ) Dollars which is sufficient to cover the bond for the entire sub--division as per your letter of 1 Nov 1972. Very tHly yours, David G. Gallano Town Treasurer ti: 'fir`•. 'r. -=yr`�. a rA �4 J �r yyr• 1R. CIF A �% .. TOWN OF AG DEPARTMENT OF PUBLIC WORKS TOWN ADMINISTRATION BUILDING AGAWAM, MASSACHUSMS � TED October 201, 1972 Planning Board Agawam, Klass, Re: White Birch Terrace 1#870 Gentlemen: Please be advised that a bond in the amount of $18,800 will be required to insure the completion of all improvements covering all lots -in the above sub-division. Very truly yours, •John P. Stoney Town � ineer