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34-004 (59) Ii I ! duplicate ; and all as of the day and year first above written . ,,Witness : Name : Address : CITY OF NORTHAMPTON , MASS . PLANNING BOARD . Chairman Secretar In proper form and properly executed . City Solicitor -3- '! 3 . After excavation is completed , to cover such portion of the area with topsoil as the City Engineer may direct to a depth of at least four (4 ) inches , and j; to seed and plant same with a suitable cover crop of grass as specified by the City Engineer . +; 4 . To plant such protective shrubs and trees as may be ij necessary to prevent soil erosion around the peri - meter of the excavated area and as the City Engineer may approve . 5 . To widen said Turkey Hill Road to a "traveled way" i; width of twenty four ( 24 ) feet and an overall width , I; including ditches and shoulders of thirty (30) feet, I by excavating , placing a twelve ( 12 ) inch gravel base i iin the widened areas , and including sufficient tree removal and/or trimming to provide for overhead utility line clearance . Where features of the existing terrain ; i make such widening to an overall width of thirty (30) feet impossible , the road shall be widened as above to I a width as approved by the City Engineer of Northampton . ] 6 . To deliver to the BOARD a performance bond in the amount of five thousand ( $5 ,000 . ) dollars to guarantee performance of this agreement . i 7 . The approval of the permit shall be for a period of one ( 1 ) year from the date of this agreement . �i 8 . If , in the opinion of the BOARD , the provisions of this agreement have been satisfactorily completed C� i (� by the APPLICANT , the BOARD will release the said bond . IN WITNESS WHEREOF , the said APPLICANT has caused his seal to be affixed hereto and these presents to be signed in duplicate ; by him ; and the BOARD has caused these presents to be signed in fits name and behalf by its Chairman and by its Secretary in i -2- j i EXHIBIT I i I , I PERFORMANCE AGREEMENT �i I' THIS AGREEMENT made this 24th day of August __ ._, 1971 , i; at Northampton , Massachusetts , by and between James F . Wzorek , of I, ii Northampton , Hampshire County , Massachusetts , hereinafter called the APPLICANT , and the Planning Board of the City of Northampton , I; '1a municipal corporation within said Hampshire County , hereinafter + called the BOARD . WITNESSETH , That Whereas , the APPLICANT has petitioned the BOARD for approval of a permit to remove top soil , earth , sand , gravel , clay or stone ; in excess of ten ( 10) cubic yards from his land in Northampton ' located on Turkey Hill Road , so-called , under provisions of Section 29 of Chapter 44 , Revised Zoning Ordinances of the City i i of Northampton ; and Whereas the BOARD held a public hearing for all persons linterested in the application on June 24 , 1971 , after publication !; of notice in the Daily Hampshire on June 9 and June 17 , 1971 , and 'Jat a meeting held on August 12 , 1971 , voted unanimously to approve i 11the application subject to the conditions hereinafter mentioned . NOW , THEREFORE , in consideration of approval by the BOARD !!of the application , the APPLICANT agrees with the BOARD as follows :? t' 1 . To remove all of the top soil from the area to be I excavated to a depth as directed by the City Engineer and to stockpile the same in an area on land of the 1 APPLICANT as the City Engineer may approve . t� 2 . To excavate the area to the lines and grades shown on the plan submitted by the APPLICANT for the public hearing and entitled "Plan of Proposed Gravel Bank i in Northampton , Mass . , Prepared for James Wzorek , Scale 1 "=100 ' , by Almer Huntley , Jr . , & Associates , a . Inc .. dated 6-21 -71 " . �, w,y I