OFFICE OF

PLANNING BOARD

Town Of Belchertown

 

P.O. Box 964

Belchertown, Massachusetts 01007

 

 

 

FORM F-5

COVENANT AGREEMENT

 

                                                                                                                                    , 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(3), 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:                                                                                                                             

Mortgagee:                                                                   .

Mortgage recorded in the Hampshire Registry of Deeds:   Book                           , Page                          

 

Definitive plan endorsed by the Planning Board on                                   , 20                  

Definitive subdivision plan recorded in the Hampshire Registry of Deeds,

 

Book                            , Page                          

 

In lieu of a performance guarantee for the Belchertown Planning Board to approve this subdivision plan, the applicant endorses this covenant and agrees with the inhabitants of Belchertown as follows:

 

1.       The land is owned in fee simple.

2.       The applicant is the owner or authorized representative of the owner.  All owners must sign this agreement.  The applicant may be an agent, representative, or assigns of the owner, nonetheless, all owners must sign.

3.       There are no mortgages of record or otherwise on any of the land, except for those described below, and that the present holders of any mortgages assent to this contract prior to its execution.

4.       The applicant shall not sell or convey any lot in the subdivision or erect or place any permanent building on any lot until the construction of ways and installation of municipal services necessary to adequately serve such lot has been completed according to the covenants, conditions, agreements, terms, and provisions specified in the following:

a.       Application for Approval Definitive Plan (Form C), dated                                                      

b.       The subdivision control law and the Planning Board’s Rules and Regulations governing this subdivision and dated                                                                  

c.       Conditions in the Certificate of Approval issued by the Planning Board dated             

d.       The definitive plan as qualified by the Certificate of Approval; and

e.       Other documents specifying construction or installation to be completed:                                                                                                                                                                                                                                                                                                                    

However, a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise, and a succeeding owner of the mortgages premises or part thereof may sell or convey any lot, subject only to that portion of this covenant which provides that no lot be sold or conveyed or shall be built upon until ways and services have been provided to serve such lot.

5.       This covenant shall be binding upon the executors, administrators, devisees, heirs, successors, and assigns of the applicant and they constitute a covenant running with the land included in the subdivision and shall operate as restriction upon the land.

6.       The particular lots within the subdivision shall be released from the foregoing conditions upon the recording of a certificate of performance executed by a majority of the Planning Board, and enumerating the specific lots to be released.

7.       Nothing in this agreement shall be deemed to prohibit a conveyance by a single deed subject to this covenant or either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board.

8.       The applicant agrees to record this covenant agreement with the Hampshire Registry of Deeds, or to pay the necessary recording fee plus mileage to the Planning Board if the Planning Board or its representative shall record this agreement.  Reference to this covenant shall be placed on the definitive subdivision as approved.

9.       A deed of any part of the subdivision in violation of the covenant shall be voidable by the grantee prior to the release of the covenant, but not later than three years from the date of such deed, as provided in MGL 41, §81U.

10.   This covenant shall be executed before endorsement of the definitive plan by the Planning Board and shall take effect upon endorsement.

11.   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, the Planning Board shall release this covenant by an appropriate instrument.  Failure to complete the construction of ways and installation of municipal services as specified in this agreement and within the time specified, shall result in automatic rescission of approval of the plan.  Upon performance of this covenant with respect to any lot, the Planning Board may release such lot from this covenant by an appropriate instrument, duly recorded.

12.   Nothing in this agreement shall prohibit the applicant from varying the method of securing the construction of ways and the installation of municipal services from time to time, or from securing by one, or in part by one and in part by another, of the methods described in M.G.L. Chapter 41, Section 81-U, as long as such security is sufficient in the opinion of the Planning Board to secure performance of the construction and installation.

13.   The mortgagee agrees to hold the mortgage subject to these covenants and agrees that the covenants have the same status, force, and effect as though ececuted and recorded before the taking of the mortgage and further agrees that the mortgage is subordinate to these covenant.

 

Any amendments to this agreement and/or to the aforesaid security shall be agreed upon in writing by all parties to this agreement.

 

Date:                                                     , 20                 

                                                                       

Signature of applicant                                                                                                                Chair   

 

                                                                                                                                                                       

 

                                                                                                                                                                       

Signature of authorized representative                            

of the mortgagee                                                                                                                                              

 

                                                                                                                                                                       

                                                                                    Signatures of a majority of the Planning Board

                                                                                    of the Town of Belchertown

 

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 before me.

 

                                                                        _________________________________________

                                                                        Notary Public

                                                                        My commission expires ______________________

 

 

COMMONWEALTH OF MASSACHUSETTS

Hampshire, ss                                                                                                              , 20                  

 

Then personally appeared ___________________________________ , the authorized representative of the mortgagee and acknowledged the foregoing instrument to be the free act and deed of said party 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 before me.

 

_________________________________________

                                                                        Notary Public

                                                                        My commission expires ______________________

Duplicate copy:

Applicant

Mortgagee                    

Town Clerk

File