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OFFICE OF
PLANNING BOARD
Town Of Belchertown
P.O. Box 964
Belchertown, Massachusetts
01007
FORM F-1
PERFORMANCE SECURED BY A SURETY COMPANY
, 20
This
agreement between the subdivider, or applicant, and the Town of Belchertown is
bound by the following terms, the Belchertown subdivision regulations,
§270-31E(2), and MGL c. 41, §81U.
Applicant:
Address of applicant:
Designed by:
Address of designer:
Name of subdivision:
On land owned by: Address of owner 1:
Address of owner 2:
Address of owner 3:
Definitive
plan endorsed by the Planning Board on ,
20
Definitive
subdivision plan recorded in the Hampshire Registry of Deeds,
Book , Page
The
applicant and the surety company bind and obligate themselves, and their
executors, administrators, devisees, heirs, successors and assigns, jointly and
severally to the Town of Belchertown acting through its Planning Board, in the
sum of $ ,
and have secured this obligation by depositing with the Belchertown
Treasurer-Collector a surety bond to secure the above sum of money. This surety bond is to be used to insure the
performance by the applicant of all covenants, conditions, agreements, terms
and provisions contained in the following:
1. Application for Approval Definitive Plan
(Form C), dated
2. The subdivision control law and the Planning
Board’s Rules and Regulations governing this
subdivision and dated
3. Conditions included in the Certificate of
Approval issued by the Planning Board and dated
4. The definitive plan as qualified by the
Certificate of Approval; and
5. Other documents specifying construction or
installation to be completed, namely, (specify other
documents, if any, and list lots secured
if only a part of the subdivision is secured by a surety
company)
This agreement shall remain in full force and effect until the applicant has fully and satisfactorily performed
all obligations, or has elected to provide another method of securing performance as provided in M.G.L.
Chapter 41, Section 81-U.
Upon completion by the applicant of all obligations as specified in the certificate of approval of a definitive plan, Form C-1, for this subdivision, on or before the expiration date of definitive subdivision approval, , 20 , or such later date as may be specified by vote of the Planning Board with written concurrence of the applicant and the surety company, the interest of the town in such surety bond shall be released, the surety bond shall be returned to the surety, and this agreement shall become void. If the applicant fails to complete the construction of ways and installation of municipal services as specified in this agreement and within the time specified, the surety bond may be enforced, in whole, or in part, by the Planning Board for the benefit of the Town of Belchertown to the extent of the reasonable cost to the town of completing such construction or installation as specified in this agreement. Any unused portion of the surety bond will be released to the surety company upon completion of the work by the town; and
The Town of Belchertown acting by and through its Planning Board hereby agrees to accept the aforesaid surety bond in the amount specified in this agreement as security for the performance of the project as aforesaid.
Any amendments to this agreement and/or to the aforesaid security shall be agreed upon in writing by all parties to this agreement.
IN WITNESS WHEREOF we have hereunto set our hands and seals this ______________________
(day)
of _____________________________ , 20______.
(month)
Chair
Signature of applicant
Signatures of a majority of the Planning Board
of the Town of Belchertown
Signature of authorized representative
of the surety company
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss
, 20
Then personally appeared ___________________________________ , the applicant, and acknowledged the foregoing instrument to be the free act and deed of said party(ies) before me.
_________________________________________
Notary Public
My commission expires ______________________
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss
, 20
Then personally appeared ___________________________________ , the authorized representative of the surety company and acknowledged the foregoing instrument to be the free act and deed of said party(ies) before me.
_________________________________________
Notary Public
My commission expires ______________________
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss
, 20
Then personally appeared ___________________________________ , one of the above named members of the Planning Board of the Town of Belchertown, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said party(ies) before me.
_________________________________________
Notary Public
My commission expires ______________________
Duplicate copy:
Applicant
Surety Company
Town Clerk
File