OFFICE OF

PLANNING BOARD

Town Of Belchertown

 

P.O. Box 964

Belchertown, Massachusetts 01007

 

 

 

FORM F-4

PERFORMANCE SECURED

BY DEPOSIT OF MONEY

 

                                                                                                                                    , 20                  

 

 

THIS AGREEMENT between the SUBDIVIDER, 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:                                                                                                                            

Name of subdivision:                                                                                                                             

Designed by:                                                                                                                                        

Address of designer:                                                                                                                             

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 subdivider agrees to the following:

 

1. To construct and install streets, ways, utilities and improvements as shown on the approved definitive plan, cross-sections, and plan and profile in strict compliance with the subdivision rules and regulations of the Planning Board, and in accordance with the following specifications:

 

a.       Streets and ways shown on the plan shall be cleared for the entire width, including the necessary side slope excavations, and the roadway shall be excavated to sub-base grade where specified by the Planning Board or Director of Public Works, then brought up to sub-base grade by compacting gravel the required number of inches.

b.       Utilities shown on the definitive plan endorsed by the Planning Board shall be installed where specified, including: water mains, hydrants, sanitary sewers, storm water drains, manholes, catch basins, electrical and telephone wires and cables, together with their appurtenances.

c.       All roadways shall consist of a gravel base course of twelve inches of good binding gravel placed upon the sub-base in conformance with §270-41E of the Belchertown subdivision regulations.

d.       The hardened surface of the roadway shall be paved the required width, and the hardened surface treatment shall be compacted bituminous concrete, Type T-1, at a depth of two and one-half inches, placed in two layers, as specified in §270-43 of the Belchertown subdivision regulations.

e.       Monuments, sidewalks, curbs, loaming, seeding, planting, and street signs shall be installed as shown on the definitive plan and in accordance with the subdivision regulations.

 

2.       The Planning Board, its representatives, or other agents of the town shall have right of entry at all times during the life of this agreement for examining the works and installations covered by this performance guarantee.   The town at its discretion has the right to use whatever materials may be in or on the land for completing the works and installations of this subdivision as follows:

 

a.       All easements are to be transferred to the town by recording them in the Hampshire Registry of Deeds or Land Court at the subdivider's expense before the final bond is released. 

b.       Sale or transfer of any lot or lots abutting any street covered in this bond agreement shall not release the subdivider of any obligation to complete any roadway construction, including clearing, excavation, side slopes, utility installations, grading, gravel or paving, monuments, sidewalks, curbs, loaming and seeding, planting, and street signs in the fifty foot right-of-way strip.

 

3.       To deposit with the Town Treasurer-Collector cash in the form of a certified check or passbook payable to the Town of Belchertown, or to execute covenants, Recorded with the Registry of Deeds or Land Court, running with the land, to provide public improvements before any lots are built upon, or to deliver to the Planning Board a lender's agreement securing the improvements, or file with the Town Treasurer-Collector a bond with sufficient sureties, approved by the town in the amount of  _______________________ which shall insure to the town the faithful performance, by the subdivider, of the covenants, promises and agreement, which shall be applied in one of the following ways:

 

a.       Full amount to be deposited before the definitive plan is endorsed and to be released on satisfactory completion of this agreement.

b.       Full amount to be deposited before the definitive plan is endorsed and at the request of the subdivider, partial release to be made upon satisfactory completion and approved by the Planning Board of items 1. a, b, c, d, and the remainder to be released upon completion of the remaining conditions of this agreement.

 

If the subdivider completes the work and installations covered by this agreement, any cash deposited shall be released to the subdivider, and the obligation under any surety bond filed with the Planning Board shall be null and void.  If the work and installations are not completed to the specifications of the approved definitive subdivision plan, the amount the town pays to complete the work and installations shall be deducted from such cash deposits, and the principal and surety shall pay to the Town Treasurer-Collector the amount which the town pays to complete the work and installations; provided, however, the amount shall not exceed the total deposit required or the penal sum of the bond.

 

 

 

This agreement shall terminate upon satisfactory completion of all requirements of the Belchertown subdivision regulations and of the work and installations specified in the approved definitive subdivision plan.

 

This instrument includes the subdivider, and the subdivider's administrator, executor, successor, or assigns.

 

The subdivider attests to be the owner of the tract in fee, subject to the following encumbrance:

 

                                                                                                                                                             

 

                                                                                                                                                             

 

 

The subdivider agrees to not sell, convey, mortgage, or pledge the tract in whole or in part, except as individual building lots, without consent of the town and without making such sale, conveyance, mortgage, or pledge subject to the conditions set forth herein.

 

 

SIGNATURES:

The subdivider and mortgagees have caused their seals to be affixed and these presents to be signed the day and year first above written.

 

MORTGAGEE                                                             SUBDIVIDER

 

____________________________________                            ____________________________________

 

____________________________________                            ____________________________________

 

 

 

 

Receipt of the original together with the cash deposit or bond stipulated in paragraph 3 is hereby acknowledged.

 

 

A true copy attest:                                                         BELCHERTOWN PLANNING BOARD

                                                                                   

                                                                                    BY:                                                      Chair   

Clerk, Belchertown Planning Board                                                       

                                                                                                                                                             

 

                                                                                                                                                           

 

Copies:                                                                                                                                                

Town Clerk

Applicant                                                                                                                                             

File