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F "'rv&fi Cn / T wn f Agawam oil 0 o '1t 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 August 17, 2017 311, e7 m Ralph DePalma �r Hillside Development Corp. 3 267 Hillside Road Southwick, MA 01077 ' cr � Dear Mr. DePalma: t' At its duly called meeting held on August 17, 2017, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Farmington Circle. Plans drawn by R. Levesque Associates and dated July 27, 2017. Sincerely, AGAWAM PLANNIN 5PR6 Please be advised that failure to record the plan within six (6)months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 01001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Hillside Dev. Corp. and approved by the Agawam Planning Board for a parcel of land located on Farmington Circle. Plan has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant SCANNED& 21111 V ar nllOd-tDri �r TOWN OF AGAWAM, MASSACHUSETTS FORM A Application for Endorsement of Plan Not Believed to Reguire Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-13 7-28 20 17 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant Hillside Development Corp. Ralph Depalma Address 267 Hillside Road Southwick Ma. Phone # 5 31-2 0 2 0 Fax# email 2. Name of Surveyor Marc E. Shute R.Levesque Associates Inc . Address 40 School Street Westfield Phone# 413-568-0985 Fax# 413-568-0986 email toma@rlaland. com 3. Deed of Property Recorded in H.C.R.D. Book 15970 Page 360 4. Location of Property Farmington Cir.. S. Describe the proposal in this submission: The plan shows the revisio i of "fth Lot 1 and the revision of Parcel A -:3 mar cr1 0;r ATTACHMENTS- Two originals and three copies of plan by certified land r r� surveyor. Fili ee-$50.00 plus $20.00 per lot. Signature of Owner Address v74 7 / �<5 J19� h Fajwll�,6 U f },y TO: TOWN TREASURER DATE: 10-17-17 SUBJECT: RELEASE OF PERFORMANCE BOND FILE#: 8565 At an officially called and posted meeting held on 10-17-17,the Planning Board voted to release $ IN FULL of the monies held by the Town to cover performance of work by developer otherwise known as Hillside Development Corp. for Lot 14 Farmington Heights. This amount is released for work accepted by the Agawam Planning Board. HOLDING: $3,950 RELEASE: TRANSFER TO LOT Planning Board Chairperson SCANNED �� A-) Farmill ftn his � J � f �t'��t R KA OCT 18 PM 1' TO: TOWN TREASURER DATE: 10-17-17 SUBJECT: RELEASE OF PERFORMANCE BOND FILE#: 8565 At an officially called and posted meeting held on 10-17-17, the Planning Board voted to release $ IN FULL of the monies held by the Town to cover performance of work by developer otherwise known as Hillside Development Corp. for Lot 13 Farmington Heights. This amount is released for work accepted by the Agawam Planning Board. HOLDING: $3,950 RELEASE: IN FULL RE ING: $0 /Z 5��,/,/ Planning Board Chairperson SCANNED 0 �14 �S CkS PARTIAL RELEASE OF COVENANT Lot 10 Farmington This is to certify that the Agawam PIanning Board has released Lot 10 as shown on a Definitive Plan entitled "Farmington Heights", plans drawn by D.L. Bean, Inc. and dated June 20, 2008, Revised 2-23-2009. Said plans being recorded in the Hampden County Registry of Deeds, said lots being subject to the provisions of a Covenant dated 11/16/12, given by Ralph DePalma to the Town of Agawam, said covenant being recorded in the Hampden County Registry of Deeds, Book Page La AGA WAM PLANNING OARD V Witness �.: WE DATED. COMMONWEALTH OF MASSACHUSETTS 8 aHampden, ss. ro On this day of ,20�Z before me, the undersi ned no public, personall appeared c e-,r?> d proved to me through satisfactory ev;denK of identification, which was personal knowledge, to he person whose name is signed on the preceding document, and P ledged t e that he signed it voluntarily for its stated purpose. Public fl, IIIt�. F.r.V's A cc: Building Inspector PAC SCHUCOMMONEXN of OASEf f File My Comma ion EVires Town Clerk Deaerhber 7'za1a SCANNED 1 1z 1 �QrrY-n r VA i 9h -S, Lo Q TO: TOWN TREASURER DATE: 7-7-16 SUBJECT: RELEASE OF PERFORMANCE BOND FILE #: 8565 At an officially called and posted meeting held on 7-7-16, the Planning Board voted to release $3,950 of the monies held by the Town to cover performance of work by developer otherwise known as Hillside Development Corp. for project Lot 2 Farmington Heights. This amount is released for work accepted by the Agawam Planning Board. HOLDING: $3,950 RELEASE: $IN FULL REMAINING: $0 Planning Board Chairperson ck,3 SCANNED—,4J I f I C. TO: TOWN TREASURER DATE: 7-7-16 SUBJECT: RELEASE OF PERFORMANCE BOND FILE 9: 8565 At an officially called and posted meeting held on 7-7-16,the Planning Board voted to release $3,950 of the monies held by the Town to cover performance of work by developer otherwise known as Hillside Development Corp. for project Lot 12 Farmington Heights. This amount is released for work accepted by the Agawam Planning Board. HOLDING: $3,950 RELEASE: $IN FULL REMAINING: $0 A� I IfIff - Planning Board Chairperson �n TO: TOWN TREASURER DATE: 7-7-16 SUBJECT: RELEASE OF PERFORMANCE BOND FILE#: 8565 At an officially called and posted meeting held on 7-7-16, the Planning Board voted to release $3,950 of the monies held by the Town to cover performance of work by developer otherwise known as Hillside Development Corp. for project Lot 15 Farmington Heights. This amount is released for work accepted by the Agawam Planning Board. HOLDING: $3,950 RELEASE: SIN FULL REMAINING: $0 "�44 Planning Board Chairperson t-- Es, r�,, • - ,l L vf� PERFORMANCE AGREEMENT Farmington Heights LOT 5 THIS AGREEMENT made by and between Hillside Development Corporation.,a corporation,Ralph DePalma its President and Treasurer and Ralph DePalma,an individual,hereinafter called the DEVELOPER, having a usual place of business at 267 Hillside Road, Southwick,Massachusetts and the Town of Agawam, Massachusetts,a municipal corporation having a usual place of business at 36 Main Street,Agawam, Massachusetts 01001, acting through its Planning Board,hereinafter called the TOWN;witnesseth: WHEREAS,the DEVELOPER desires to carry out the development of lot 5 as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM, MASSACHUSETTS FOR: Hillside Development Corporation 267 Hillside Road Southwick,Massachusetts D.L.BEAN,INC. DATE: June 20,2009,Rev: 2-23-2009 SCALE I"—50' HCRD BOOK PAGE AND WHEREAS, on March 5,2009 the PLANNING BOARD of the TOWN endorsed plans entitled: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM, MASSACHUSETTS DATE: June 20,2008, REV: 2-23-2009 NOW,THEREFORE, in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways,clearing,grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended,and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control",amended March 7, 1974,is hereby supplemented by the following descriptions,modifications,additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy,and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term "Massachusetts Standard Specifications"is used it shall refer to"The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term"Town Engineer"shall mean the Agawam Town Engineer,acting directly or through an authorized representative, such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement. 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 the improvements as necessary in order to insure that the work has been done in a satisfactory manner. C50 t � �cn r A. Sidewalks and Treebelts: The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications M1.03.0 Type b, and M1.03.1 respectively, and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses 1 inch each,and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebelts shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans. Loam meeting the requirements of Massachusetts Standard Specifications M 1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of lime and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications,and the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked,and reseeded as necessary to develop a satisfactory stand of grass. PERFORMANCE GUARANTEE: The DEVELOPER shall furnish to the Town a Performance Guarantee in the amount of$3,950 in the form of a proper bond; deposit of money,or negotiable securities;or irrevocable credit secured by the first mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within one(1)year after the date of this Agreement,or any extension thereof,of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN, any damage to or failure of any completed work which may occur during the term of this Agreement. Any surety accepted by the TOWN under this Agreement must satisfactorily protect the TOWN'S interest,and said determination shall be made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under the Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder;and its 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 protected by the security under the Performance Guarantee. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or,in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages,said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses,attorney's fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended. NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this instrument is executed in four(4) counter parts,each one of which shall be deemed an original this the day of cJl N. _,24-0. ATTEST: DEVELOPER: HILLSIDE DEVELOPMENT CORPORATION �ed46�'c By (witness to developer) 1ph alma, rest ent �.r n (witness to developer) alph ePalma, widual A EST: TOWN c TOWN OF AGAWAM, MASSACHUSETTS VINCENf 06WA TOWN CLERK PLANN G DATE: (J _ � ) APPROVED AS TO FORM: f TOWN COUtWL L Y�f1l)/ >) htr Laf S PARTIAL RELEASE OF COVENANT Lot 5 Farmington This is to certify that the Agawam Planning Board has released Lot 5 as shown on a Definitive Plan entitled "Farmington Heights", plans drawn by D.L. Bean, Inc. and dated June 20, 2008, Revised 2-23-2009. Said plans being recorded in the Hampden County Registry of Deeds, said lots being subject to the provisions of a Covenant dated 11/16/12, given by Ralph DePalma to the Town of Agawam, said covenant being recorded in the Hampden County Registry of Deeds, Book Page AGAWAM PLANNING BOARD QOf .., Witness U c 0 DATED: JuA!, /,f-d-01 7 D a COMMONWEALTH OF MASSACHUSETTS �- Hampden, ss. a � t On this f day of oU 20�before me, the undersigned notate public, personally appeared "d 1 7? ,^t proved to me through satisfactory evidence o i eD ification, which was personSew. knowledge, to be the a on. whose name is signed on the preceding document, an* a� know1 ged to me t t e sned it voluntarily for its stated purpose. cr+ �c emu) Notary Public •• _ rr N{NCEAIT F. GIOSCIA cc: Building Inspector - '` Notary Puoic .Cp OFIwEALT,OF MASSA-MtJSETTS File My ,=_$swn.Expires Town Clerk } Det ember 7,20,5 SCANNED-bil 1321& Farm * 6 A AH.MA PM PARTIAL RELEASE OF COVENANT Lot 8 Farmington This is to certify that the Agawam Planning Board has released Lot 8 as shown on a Definitive Plan entitled "Farmington Heights", plans drawn by D.L. Bean, Inc. and dated June 20, 2008, Revised 2-23-2009. Said plans being recorded in the Hampden County Registry of Deeds, said lots being subject to the provisions of a Covenant dated 11/16/12, given by Ralph DePalma to the Town of Agawam, said covenant being recorded in the Hampden County Registry of Deeds, Book Page AGAWAM PLANNING BOARD en , Witness Q DATED: •�� � rro! ? oa w 0 a COMMONWEALTH OF MASSACHUSETTS L Hampden, ss. a On this(0 day of J , 20 Z before me,the undersigned notes public, personally appeared . 1L eu &"cc r.�o�- , �l1tt��0 { '°.�G�� proved to me through satisfactory evidence of identification, which &as personal knowledge, to the person whose name is signed on the preceding document, and a owledged a that he signed it voluntarily for its stated purpose. UL J-, F f4otaYy Pub XWOENT F.'GIf1$CtA Notary PUNIC cc: Building inspector t0k#tMWFAn+OF MassllCHUSEM W commission Expires File Deeembw 7,2016 Town CI SCANNED 7 r� {� F�Yyrrn�j� �.rgl�ls lo�� %44J�1 C� PERFORMANCE AGREEMENT Farmington Heights LOT 8 THIS AGREEMENT made by and between Hillside Development Corporation.,a corporation,Ralph DePalma its President and Treasurer and Ralph DePalma,an individual,hereinafter called the DEVELOPER, having a usual place of business at 267 Hillside Road,Southwick,Massachusetts and the Town of Agawam, Massachusetts, a municipal corporation having a usual place of business at 36 Main Street,Agawam, Massachusetts 01001,acting through its Planning Board,hereinafter called the TOWN;witnesseth: WHEREAS,the DEVELOPER desires to carry out the development of lot 8 as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM,MASSACHUSETTS FOR:Hillside Development Corporation 267 Hillside Road Southwick,Massachusetts D.L. BEAN,INC. DATE: June 20,2008,Rev: 2-23-2009 SCALE 1"=50' HCRD BOOK PAGE AND WHEREAS, on March 5,2009 the PLANNING BOARD of the TOWN endorsed plans entitled: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM,MASSACHUSETTS DATF: June 20,2008,REV: 2-23-2009 NOW,THEREFORE, in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways,clearing,grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with.the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended, and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control",amended March 7, 1974,is hereby supplemented by the following descriptions,modifications,additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy,and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term "Massachusetts Standard Specifications" is used it shall refer to"The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term"Town Engineer" shall mean the Agawam Town Engineer,acting directly or through an authorized representative,such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required < by this Agreement. Failure on the part of the DEVELOPER to provide such notification shall be cause for the CL- TOWN to require the DEVELOPER to excavate and reconstruct the improvements as necessary in order to insure that the work has been done in a satisfactory manner. r � •Kw T-� SCANNED ILL A. Sidewalks and Treebelts. The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications M1.03.0 Type b, and M1.03.1 respectively,and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses 1 inch each,and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebelts shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans. Loam meeting the requirements of Massachusetts Standard Specifications M 1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of lime and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications, and the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked, and reseeded as necessary to develop a satisfactory stand of grass. PERFORMANCE GUARANTEE: The.DEVELOPER shall famish to the Town a Performance Guarantee in the amount of$3,950 in the form of a proper bond; deposit of money,or negotiable securities;or irrevocable credit secured by the first mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within one(1)year after the date of this Agreement,or any extension thereof, of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN, any damage to or failure of any completed work which may occur during the term of this Agreement. Any surety accepted by the TOWN under this Agreement must satisfactorily protect the TOWN'S interest,and said determination shall be made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under the Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder; and its 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 protected by the security under the Performance Guarantee. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or,in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages,said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses,attorney's fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended. f NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this instrument is executed in four(4) counter parts,each one of which shall be deemed an original this the day of )U�`I ,20j-;�. ATTEST: DEVELOPER; HILLSIDE DEVEL NT CORPORATION G By fi f (witness to developer) R 1ph ePalma, esident By dl.Z I (witness to developer) kaiph DrePalma,an individual A EST: TOWN TOWN OF AGAWAM,MASSACHUSETTS '�IN&O,g,10SCIA TOWN CLERK PLANN G B DATE: APP,RQVF,D AS TO FORM: "T TOWN COUNSEL �gl�ts PERFORMANCE AGREEMENT Farmington Heights LOT 10 THIS AGREEMENT made by and between Hillside Development Corporation.,a corporation,Ralph DePalma its President and Treasurer and Ralph DePalma, an individual,hereinafter called the DEVELOPER, having a usual place of business at 267 Hillside Road, Southwick,Massachusetts and the Town of Agawam, Massachusetts,a municipal corporation having a usual place of business at 36 Main Street, Agawam, Massachusetts 0 100 1,acting through its Planning Board, hereinafter called the TOWN;witnesseth: WHEREAS,the DEVELOPER desires to carry out the development of lot 10 as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: "FARMWGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM,MASSACHUSETTS FOR: Hillside Development Corporation 267 Hillside Road Southwick,Massachusetts D.L.BEAN, INC. DATE: June 20,2008, Rev: 2-23-2009 SCALE 1"=50' HCRD BOOK PAGE AND WHEREAS,on March 5,2009 the PLANNING BOARD of the TOWN endorsed plans entitled: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM, MASSACHUSETTS DATE:June 20,2008,REV: 2-23-2009 NOW,THEREFORE, in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways, clearing,grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended,and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control",amended March 7, 1974,is hereby supplemented by the following descriptions,modifications, additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy,and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term"Massachusetts Standard Specifications" is used it shall refer to"The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term"Town Engineer" shall mean the Agawam Town Engineer,acting directly or through an authorized representative,such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement. 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 the improvements as necessary in order to insure that the work has been done in a satisfactory manner. 6j 3C 040 "-3 u7 ti. a gCANNED r A. Sidewalks and Treebelts: The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications M1.03.0 Type b,and M1.03.1 respectively,and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses 1 inch each, and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebelts shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans. Loam meeting the requirements of Massachusetts Standard Specifications M1.05.0 shall be placed to a minimum compacted depth of inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of lime and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications,and the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked,and reseeded as necessary to develop a satisfactory stand of grass. PERFORMANCE GUARANTEE: The DEVELOPER shall furnish to the Town a Performance Guarantee in the amount of$3,950 in the form of a proper bond;deposit of money,or negotiable securities;or irrevocable credit secured by the first mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within one(1)year after the date of this Agreement,or any extension thereof,of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN,any damage to or failure of any completed work which may occur during the term of this Agreement. Any surety accepted by the'TOWN under this Agreement must satisfactorily protect the TOWN'S interest, and said determination shall be made by the Town Treasurer. it is expressly understood and agreed by the parties that any and all security required under the Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder;and its 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 protected by the security under the Performance Guarantee. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or,in the event that the DEVELOPED shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages, said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses, attorney's fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended. NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this instr ment is exe ted in our(4) counter parts, each one of which shall be deemed an original this the�day of 20_/ . ATTEST: DEVELOPER: HILLSIDE DEVELOPMENT CORPORATION v (witness to developer) Ral h De a,President By (witness to developer) Ra ph De lma,an individual A TEST: TOWN r TOWN OF AGAWAM,MASSACHUSETTS VINCENT GI IA TOWN CLERK PLANNING BO DATE: APPROVED AS TO FORM: TOWN COUNSEL r ['� �{�c�Q J �1�l l ;, RELEASE OF COVENANT This is to certify that the Agawam Planning Board has released Lots 11 and 17 as shown on a Definitive Plan entitled"Farmington Estates",plans drawn by D.L.Bean,Inc.and dated June 20, 2008. Revised 2-23-2009. Said plans being recorded in the Hampden County Registry of Deeds, said lots being subject to the provisions of a Covenant dated 11/16/12,given by Ralph DePalma to the Town of Agawam, said covenant being recorded in the Hampden County Registry of Deeds, Book, Page AGAWAM PLANNING BOARD n x� c DATED: 7�$ � Hampden cc Commonwealth of Massachusetts f 4 vtJl Then personally appeared the above named, V+'l�v')C � koot� {' P i ckw U5 �ii�n� members of the Agawam Pl ing Board and acknowledge the foregoing to be their free act and deed befor me. w Notary P blic My Commission expires: 1 Z cc: Town Cle Building Inspector 1_¢ y V[NCEIOs3-14USETTS File C0WMNWEA6*OF MASS,%. ems 7 G t E SCANNED 9 1-7 ' V J PERFORMANCE AGREEMENT Farmington Heights LOT 11 THIS AGREEMENT made by and between Hillside Development Corporation.,a corporation, Ralph DePalma its President and Treasurer and Ralph DePalma,an individual,hereinafter called the DEVELOPER, having a usual place of business at 267 Hillside Road, Southwick,Massachusetts and the Town of Agawam, Massachusetts,a municipal corporation having a usual place of business at 36 Main Street,Agawam, Massachusetts 01001,acting through its Planning Board,hereinafter called the TOWN;witnesseth: WHEREAS,the DEVELOPER desires to carry out the development of lot 11 as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM,MASSACHUSETTS FOR:Hillside Development Corporation 267 Hillside Road Southwick,Massachusetts D.L. BEAN, INC. DATE: June 20,2008,Rev: 2-23-2009 SCALE V =50' HCRD BOOK PAGE AND WHEREAS,on March 5,2009 the PLANNING BOARD of the TOWN endorsed plans entitled: "FARMINGTON HEIGHTS" DEFINITIVE SUBDMSION AGAWAM, MASSACHUSETTS DATE:June 20,2008,REV: 2-23-2009 NOW, THEREFORE,in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways,clearing,grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended,and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control",amended March 7, 1974,is hereby supplemented by the following descriptions,modifications,additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy,and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term"Massachusetts Standard Specifications" is used it shall refer to "The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term"Town Engineer" shall mean the Agawam Town Engineer,acting directly or through an authorized representative,such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement. 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 the improvements as necessary in order to insure that the work has been done in a satisfactory manner. �xa L SCANNED KIIU �� A. Sidewalks and Treebelts: The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications M1.03.0 Type b,and M1.03.1 respectively,and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses 1 inch each,and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebelts shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans. Loam meeting the requirements of Massachusetts Standard Specifications M 1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of lime and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications,and the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked,and reseeded as necessary to develop a satisfactory stand of grass. PERFORMANCE GUARANTEE: The DEVELOPER shall furnish to the Town a Performance Guarantee in the amount of$3,950 in the form of a proper bond;deposit of money,or negotiable securities;or irrevocable credit secured by the fast mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within one(1)year after the date of this Agreement, or any extension thereof,of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN,any damage to or failure of any completed work which may occur during the term of this Agreement. Any surety accepted by the TOWN under this Agreement must satisfactorily protect the TOWN'S interest,and said determination shall be made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under the Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder;and its 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 protected by the security under the Performance Guarantee. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or,in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages,said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses,attorney's fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended. NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this instrument is executed in four(4) counter parts, each one of which shall be deemed an original this the day of 20j(d_. ATTEST: DEVELOPER: HILLSIDE DEVE ME CORPORATION L(--- By (witness to developer) Ralph 130ahna,President By C (witness to developer) Ralph De alma, iv! uaf AT ST: TOWN TOWN OF AGAWAM,MASSACHUSETTS 1 TOWN CLERK PLANNING BOARD DATE: APPROVED A5 TO FORM: 4 TOWN COUNSEL PERFORMANCE AGREEMENT Farmington Heights LOT 17 THIS AGREEMENT made by and between Hillside Development Corporation.,a corporation,Ralph DePalma its President and Treasurer and Ralph DePalma,an individual,hereinafter called the DEVELOPER, having a usual place of business at 267 Hillside Road,Southwick,Massachusetts and the Town of Agawam, Massachusetts, a municipal corporation having a usual place of business at 36 Main Street,Agawam, Massachusetts 01001,acting through its Planning Board,hereinafter called the TOWN;witnesseth: WHEREAS,the DEVELOPER desires to carry out the development of lot 17 as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM,MASSACHUSETTS FOR: Hillside Development Corporation 267 Hillside Road Southwick,Massachusetts D.L.BEAN,INC. DATE: June 20,2008,Rev: 2-23-2009 SCALE I"=50' HCRD BOOK PAGE AND WHEREAS,on March 5,2009 the PLANNING BOARD of the TOWN endorsed plans entitled: "FARMINGTON HEIGHTS" DEFINITIVE SUBDMSION AGAWAM,MASSACHUSETTS DATE:June 20,2008,REV: 2-23-2009 NOW, THEREFORE,in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways,clearing,grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended,and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control",amended March 7, 1974,is hereby supplemented by the following descriptions,modifications, additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy,and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term"Massachusetts Standard Specifications" is used it shall refer to"The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term "Town Engineer"shall mean the Agawam Town Engineer,acting directly or through an authorized representative, such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement. 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 the improvements as necessary in order to insure that the work has been done in a satisfactory manner. M em rra t _ iLn Un sr'f r SCANNED i l *V?b ♦f NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this instrument is executed in four(4) counterparts,each one of which shall be deemed an original this the h day of ATTEST: DEVELOPER. HILLSIDE DEVELOPMENT CORPORATION 7 By 2c-, J�-,J tCa--� (witness to developer) Ralph DePirlma,Pr I_ By = (witness to developer) Ralph De ahna,an individual A TEST: TOWN e. TOWN OF AGAWAM,MASSACHUSETTS TOWN CLERK PLANNING BOARD G� DATE- APPROVED AS TO FORM: TOWN COUNSEL � � F A. Sidewalks and Treebelts: The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications M1.03.0 Type b,and M1.03.1 respectively,and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses 1 inch each, and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebelts shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans. Loam meeting the requirements of Massachusetts Standard Specifications M1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of lime and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications,and the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked,and reseeded as necessary to develop a satisfactory stand of grass. PERFORMANCE GUARANTEE: The DEVELOPER shall furnish to the Town a Performance Guarantee in the amount of$3,950 in the form of a proper bond;deposit of money,or negotiable securities;or irrevocable credit secured by the first mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within one(1)year after the date of this Agreement,or any extension thereof,of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN,any damage to or failure of any completed work which may occur during the term of this Agreement. Any surety accepted by the TOWN under this Agreement must satisfactorily protect the TOWN'S interest,and said determination shall be made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under the Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder;and its 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 protected by the security under the Performance Guarantee. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or,in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages, said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses,attorney's fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended. FMifgm Hopi,- /0"-w PERFORMANCE AGREEMENT Farmington Heights LOT 13 THIS AGREEMENT made by and between Hillside Development Corporation.,a corporation,Ralph DePalma its President and Treasurer and Ralph DePalma, an individual,hereinafter called the DEVELOPER, having a usual place of business at 267 Hillside Road, Southwick,Massachusetts and the Town of Agawam, Massachusetts,a municipal corporation having a usual place of business at 36 Main Street,Agawam, Massachusetts 01001,acting through its Planning Beard,hereinafter called the'TOWN;witnesseth. WHEREAS,the DEVELOPER desires to carry out the development of lot 13 as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below. "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM,MASSACHUSETTS FOR: Hillside Development Corporation 267 Hillside Road Southwick, Massachusetts D.L.BEAN, INC. DATE:June 20,2008,Rev: 2-23-2009 SCALD I"=50' HCRD BOOK PAGE AND WHEREAS,on March 5,2009 the PLANNING BOARD of the TOWN endorsed plans entitled: "FARMINGTON HEIGHTS' DEFINITIVE SUBDIVISION AGAWAM,MASSAC14USETTS DATE: June 20,2008,REV: 2-23-2009 NOW,THEREFORE,in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways,clearing,grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended,and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control", amended March 7, 1974, is hereby supplemented by the following descriptions,modifications, additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy,and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term"Massachusetts Standard Specifications" is used it shall refer to"The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term"Town Engineer" shall mean the Agawam Town Engineer,acting directly or through an authorized representative,such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement. 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 the improvements as necessary in order to insure that the work has been done in a satisfactory manner. r-a ram^ r-� a x� a cry SCANNED j A. Sidewalks and Treebelts: The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications M1.03.0 Type b, and M1.03.1 respectively, and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses i inch each, and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebelts shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans, Loam meeting the requirements of Massachusetts Standard Specifications M 1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of lime and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications,and the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked,and reseeded as necessary to develop a satisfactory stand of grass. PERFORMANCE GUARANTEE: The DEVELOPER shall furnish to the Town a Performance Guarantee in the amount of$3,950 in the form of a proper bond;deposit of money,or negotiable securities;or irrevocable credit secured by the first mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within one(1)year after the date of this Agreement, or any extension thereof, of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN,any damage to or failure of any completed work which may occur during the term of this Agreement. Any surety accepted by the TOWN under this Agreement must satisfactorily protect the TOWN'S interest, and said determination shall be made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under the Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder;and its 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 protected by the security under the Performance Guarantee. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or, in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages,said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses,attorney's fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner, and that the said work will be fit for the use intended. NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this instrument is exe ed in four(4) counter parts,each one of which shall be deemed an original this the / day of o ,20 ATTEST: DEVELOPER: HILLSIDE DEVELOPMENT CORPORATION (witness to developer) Ralph ePal ,President (witness to developer) Ralph Aelldna,an individual ATT 'ST-. TOWN 1 � TOWN OF AGAWAM,MASSACHUSETTS VINCE T IA TOWN CLERK PLANN B r DATE. it APPROVED AS TO FORM: TOWN COUNSEL w 4 C'7 N 4 Lc- iy varmlgo i�je7 PERFORMANCE AGREEMENT Farmington Heights LOT 14 THIS AGREEMENT made by and between Hillside Development Corporation., a corporation,Ralph DePalma its President and Treasurer and Ralph DePalma,an individual,hereinafter called the DEVELOPER, having a usual place of business at 267 Hillside Road, Southwick,Massachusetts and the Town of Agawam, Massachusetts,a municipal corporation having a usual place of business at 36 Main Street,Agawam, Massachusetts 0100I, acting through its Planning Board,hereinafter called the TOWN; witnesseth: WHEREAS,the DEVELOPER desires to carry out the development of lot 14 as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM,MASSAC14USETTS FOR: Hillside Development Corporation 267 Hillside Road Southwick,Massachusetts D.L.BEAN,INC. DATE:June 20,2008,Rev: 2-23-2009 SCALE V =50' HCRD BOOK PAGE AND WHEREAS,on March 5,2009 the PLANNING BOARD of the TOWN endorsed plans entitled: "FARMINGTON HEIGHTS" DEFINITIVE SUBDIVISION AGAWAM, MASSACHUSETTS DATE:June 20,2008,REV: 2-23-2009 NOW,THEREFORE, in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways,clearing, grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control", as amended,and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control",amended March 7, 1974, is hereby supplemented by the following descriptions,modifications,additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy, and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term"Massachusetts Standard Specifications" is used it shall refer to"The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term"Town Engineer" shall mean the Agawam Town Engineer,acting directly or through an authorized representative, such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement. 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 the improvements as necessary in order to insure that the work has been done in a satisfactory manner. A. Sidewalks and Treebelts: The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications M1.03.0 Type b,and M1.03.1 respectively,and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses I inch each,and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebelts shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans. Loam meeting the requirements of Massachusetts Standard Specifications M1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of time and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications,and the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked,and reseeded as necessary to develop a satisfactory stand of grass. PERFORMANCE GUARANTEE: The DEVELOPER shall furnish to the Town a Performance Guarantee in the amount of$3,950 in the form of a proper bond; deposit of money, or negotiable securities;or irrevocable credit secured by the first mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within one(1)year after the date of this Agreement,or any extension thereof,of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN, any damage to or failure of any completed work which may occur during the term of this Agreement. Any surety accepted by the TOWN under this Agreement must satisfactorily protect the TOWN'S interest,and said determination shall be made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under the Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder; and its 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 protected by the security under the Performance Guarantee. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or, in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages,said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses,attorney's fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended. NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this in trument is executed in four(4) counter parts,each one of which shall be deemed an original this the-� M day of 20A(p. ATTEST: DEVELOPER: HILLSIDE DEVELOPMENT CO ORATION -fee 8y �".� (witness to developer) Ralph D alma, resident 1�n�f-f 4 �?- - By— (witness to developer) Ralph DePa ma,an individual AT ES TOWN TOWN OF AGAWAM, MASSACHUSETTS VINCE T kO CIA TOWN CLE PLANN O DATE: APPROVED AS TO FORM: 25�7 TOWN COUNSEL M3 For�S! Hill Co Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Gary Giannini Renee Hamilton return key. Name Name P.O. Box 236 143 Forest Hill Road m Mailing Address Mailing Address East Granby CT 06026 Feeding Hills MA 01030 fACityrrown State Zip Code City/Town state Zip Code 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Agawam GIS Parcel Map- 143 Forest Hill Road 5/2 312 0 1 7 Title Date Title Date Title Date 2. Date Request Filed: May 30 2017 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): 1' o Placement of 12'x 24'shed approximately 125' from street; repair existing bridge; cut dead trees . (stumps to remain) on back side of stream. UjQ cn J� I JQ r cm :" 1z K Nt i lJ N Project Location: 143 Forest Hill Road Feeding Hills Street Address Cityrrown C15 2/15 Assessors Map/Plat Number Parcel/Lot Number wpafc 2.doc•Determination of Applicabilky-rev.IV14 SCANNED (v 'l` r7 Iynr^/n Pagel of f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaforrn2-doc•Deter nination of Applicability•rev 12114 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6.The following area andior work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. if a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality, ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission, Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alterthat area.Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•Determination of Appkicabifity•rev.12 14 page 3 of 6 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on June 9, 2017 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal,state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/aboutfcontacts/ind-the-massdep-regional-office-foryouur_- city-or-town.html)and the property owner(if different from the applicant). Signatures , ,tune a, 2017 Date wpaform2.doc-Determination of Applicability•rev 12114 Page 4 of 5 of Agawam Town 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413.-786-9927 October 9, 2015 Zachary and Christine Colson 176 Forest Hill Road Feeding Hills, MA 01030 Dear Mr. & Mrs. Colson: At its duly called meeting held on October 8, 2015,the Agawam Conservation Commission voted to lift the Enforcement Order dated December 30, 2014 that was issued to you. Thank you for your cooperation on this matter. If you have any questions, please contact this office at 786-0400, extension 8737. Sincerely, Jill Messick; Acting Chairman AGAWAM CONSERVATION COMMISSION JM:prk Cc: DEP Town Clem File rn tom+ rq �(armlvigon I- 64 s TO: TOWN TREASURER DATE: 11-3-16 SUBJECT: RELEASE OF PERFORMANCE BOND FILE #: 8720 At an officially called and posted meeting held on 11-3-16,the Planning Board voted to release $IN FULL of the monies held by the Town to cover performance of work by developer otherwise known as Hillside Development Corp. for Lot 17 Farmington Heights. This amount is released for work accepted by the Agawam Planning Board. HOLDING: $3,950 RELEASE: IN FULL REMAINING: $0 ,;? . AMC Planning Board Board Chairperson C:) �- �1 SCANNED Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 �-h Tel. 413-786-0400 Fax 413-786-9927 ATE April 21, 2016 Melissa Theriaque 56 Federal Street Agawam, MA 01001 Dear Ms. Theriaque: At its duly called meeting held on April 21, 2016, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Federal Street. Plans drawn by Anderson Associates and dated March 30, 2016. Sincerely, AGAWAM PL G BOARD Please be advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 01001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Theriaque and approved by the Agawam Planning Board for a parcel of land located on Federal Street. Plan has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant SCANNED 56 S-f TOWN OF AGAWAM, MASSACHUSETTS FORM A Application for Endorsement of Plan Not Believed to Require Approyal FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B _20 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision ,Control Law is not required. 1 1. Name of Applicant s -i k ~ Address 510 T1D-CEWDLISMU±� 4 Phone # (413�` 63— 311 ID Fax# email 1'Y# fZC.atQ . 2. Name of Surveyor 4l1 Address 3 Z S' W,1 s A J L { S f. WA, Phone (413 5 2S-Vt4S Fax# ( email 1ZarJi^12M1151 6► 11l+. ['©� 3. Deed of Property Recorded in UQ IV)J24� [ Book I Page -3 0 4. Location of Property _ �? ©7 q� Z q 7 5. Describe the proposal in this submission: f A4q L/; -:X /q f tG-►'I'd f1 e) ATTACHMENTS-Two originals and three copies of plan by certified land surveyor. Filing Fee-S50.00 plus$20.00 per lot. Signature of Owner, _Jhwbress 64 FbI L .1' S 33'- SCANNED 1141 1-1 `A f lea PERFORMANCE AGREEMENT Fox Meadow Estates LOT 4 THIS AGREEMENT made by and between Ronald Champagne, an individual,hereinafter called the DEVELOPER,having a usual place of business at 36 Russo Circle,Agawam,Massachusetts and the Town of Agawam,Massachusetts,a municipal corporation having a usual place of business at 36 Main Street,Agawam, Massachusetts 01001,acting through its Planning Board,hereinafter called the TOWN;witnesseth: WHEREAS,the DEVELOPER desires to carry out the development of lot 4 as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: "FOX MEADOW ESTATES" "DEFINITIVE" SUBDIVISION OF PROPERTY AGAWAM, MASSACHUSETTS FOR: Ronald Champagne 36 Russo Circle Agawam, Massachusetts D.L.BEAN,INC. DATE: March 12, 1990,Rev: 6-19-90 SCALE 1"=40' HCRD BOOK PAGE AND WHEREAS,on June 21, 1990 the PLANNING BOARD of the TOWN endorsed plans entitled: "FOX MEADOW ESTATES" "DEFINITIVE" SUBDIVISION OF PROPERTY AGAWAM,MASSACHUSETTS DATE: March 12, 1990,REV: 6-19-1990 NOW,THEREFORE, in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways,clearing,grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended,and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control",amended March 7, 1974, is hereby supplemented by the following descriptions,modifications,additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy, and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term "Massachusetts Standard Specifications" is used it shall refer to"The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term "Town Engineer" shall mean the Agawam Town Engineer, acting directly or through an authorized representative,such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement. 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 the improvements as necessary in order to insure that the work has been done in a satisfactory manner. SCANNED 10C, A. Sidewalks and Treebelts: The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications Mi.03.0 Type b, and M1.03.1 respectively,and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses I inch each, and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebelts shall be constructed on both sides of the roadway to the width indicated on the Defmitive Plans. Loam meeting the requirements of Massachusetts Standard Specifications M1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of lime and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications,and the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked,and reseeded as necessary to develop a satisfactory stand of grass. PERFORMANCE GUARANTEE: The DEVELOPER shall furnish to the Town a Performance Guarantee in the amount of$4,050 in the form of a proper bond;deposit of money,or negotiable securities;or irrevocable credit secured by the first mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within one(1)year after the date of this Agreement, or any extension thereof,of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN, any damage to or failure of any completed work which may occur during the term of this Agreement. Any surety accepted by the TOWN under this Agreement must satisfactorily protect the TOWN'S interest,and said determination shall be made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under the Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder;and its 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 protected by the security under the Performance Guarantee. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or, in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER.shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages,said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses, attorneys fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended. t NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this instrument is execquited in four(4) counter par4,sach one of which shall be deemed an original this the day 2a�. ATTEST: DEVELOPER: ,--a.QNALD C PAGNE By (witness to developer) Iona Champagne,an in ividual ATTEST: TOWN ft //GAG i2 TOWN OF AGAWAM,MASSACHUSETTS Ux A Lip PLANN V/ V DATE: A RO D A O FOAM: TOWN C L