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878 Sepic System Repair Program BOARD OF HEALTH MEMBERS JOHN T.JOYCE,Chairman ANNE BURES,M.D. CYNTHIA DOURMASHKIN,R.N. PETER a McERLAIN,Health Agent (413)587-1214 FAX(413)587-1264 December 8, 1998 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH Northampton Septic Management Loan Program. 210 MAIN STREET NORTHAMPTON,MA 01060 J 0 R‘ ,p)1/ To: Recipients of Septic System Repair Loans: I am pleased to inform you that your application for a betterment loan under the Northampton Septic Management Lon program has been approved. We will be able to make payment of loan funds to each owner as soon as that owner has completed documentation for his or her project and the contracts have been completed by the various city agencies. At a minimum the following will be required: I. For those with already completed septic repair projects, 1'• Four(4) signed copies of the Betterment Load Contract, (copies enclosed, sign each ✓ where indicated) • copies of receipts of payment for all completed work d i k ✓ • copies of the certificate of compliance or certificate of co o the sewer, (whichever is applicable) 2. For those who have not yet begun their project, • Four(4) signed copies of the Betterment Load Contract, (copies enclosed, sign each where indicated) • The name of the contractor who will be performing the septic system repair • An estimate of the start date for the project Please feel free to contact the Board of Health with any questions relating to this program. Very truly yours, Peter J. McErlain Health Agent Peter J.McEslain Health Agent FORM 9 CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton,MA 01060 (413) 587— 1214 TEL (413) 586— 1264 FAX SEPTIC SYSTEM REPAIR PROGRAM PROJECT BUDGET PROPERTY LOCATION: C n STREET: OWNER(S) OF RECORD: ADDRESS: iim- 'Il 4,, 2' M LOT# /3s 11 4: Ku= TOTAL AMOUNT REQUESTED: $ Ala Z .00 $ 41;LFGI-) .00 STOP AMOUNT APPROVED BY THE BOARD OF HEALTH PAYMENT SCHEDULE: $ 1/,, 2tO .00 SHALL BE 100%AT COMPLETION AND APPROVAL OF DESIGN. SHALL BE 50% UP FRONT TO BEGIN CONSTRUCTION. SHALL BE REMAINING 50%WITHIN 30 DAYS DAYS OF LETTER OF COMPLIANCE FROM THE NORTHAMPTON BOARD OF HEALTH. Pe aH - r McErlain, H Agent SIGNED AND APPROVED BY: Northampton Board of Health DATE: LI Peter.1 McErlain Health Agent FORM B CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton, MA 01060 (413) 587— 1214 TEL (413) 586— 1264 FAX SEPTIC SYSTEM REPAIR PROGRAM CONSTRUCTION CONTRACTOR PRICE QUOTES PROPERTY LOCATION: 1k we5 ktrnp \ti& NAME(S) OF OWNER(S): Lt Nn KI rK- The following information is required. You must contact three (3) construction contractors to get prices on septic system installation costs. Price needs to include construction workq . required to complete installation in accordance with approved design •fans. I Qi COMPANY NAME: ADDRESS: PHONE NUMBER: WHO YOU SPOKE WITH: ' COI* QO ??o, 0017. 1 Lill - °loo St L„,, Cc ttQ ,n Price Quote 4Li• 0 .00 COMPANY NAME: ADDRESS: PHONE NUMBER: Price Quote WHO YOU SPOKE WITH: COMPANY NAME: ADDRESS: PHONE NUMBER: WHO YOU SPOKE WITH: Price Quote COMPANY NAME: ADDRESS: PHONE NUMBER: I WHO YOU SPOKE WITH: Price Quote COMPANY NAME: ADDRESS: PHONE NUMBER: -', WHO YOU SPOKE WITH: Price Quote PLEASE CHECK WHICH CONSTRUCTION CONTRACTOR YOU PLAN TO USE. THE ABOVE REFERENCED PROPERTY IS VALUED AT $ THE CITY OF NORTHAMPTON ASSESSOR'S RECORDS. 9 qoo Peter J.MCErlain Health Agent FORM 5 CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton, MA 01060 (413) 587— 1214 TEL (413) 586— 1264 FAX SEPTIC SYSTEM REPAIR PROGRAM ASSESSOR'S STATEMENT OF VALUE PROPERTY LOCATION: 31c3 ,k 5 { k 0, Flt C -Il11 1--ii - STREET: \� Q` A 11 Ck ilk_ t.l' L • MAP ii/a LOT # 13,5 OWNER(S) OF RECORD: tr V'1 0 f ADDRESS: C<1 Q 5-\- ka 11. iDA I ∎ ( . ACCORDING TO SIGNATURE: PRINT NAME: TITLE: A .lntt wit(.roiI .)n n.tit) DATE: 16 - 13 - 7 $ COMMENTS (If any required): Peter 3.McErlain Health Agent FORM 3 CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton,MA 01060 (413) 587-1214TEL (413) 586— 1264 FAX SEPTIC SYSTEM REPAIR PROGRAM REGISTRY CERTIFICATION OF TITLE PROPERTY LOCATION: S1 \C 25-\- I\et tw QOrnv r STREET: OWNER(S) OF RECORD: ADDRESS: Li w (si- �1 a lti1(�41V � . MAP LOT# LA_ K1 � X14 W��� 11a1)Iplc�� rt - I HEREBY CERTIFY THE ABOVE ARE ALL THE OWNER(S) OF RECORD FOR THE SUBJECT PROPERTY AND ARE LISTED AT THE HAMPSHIRE COUNTY REGISTRY OF DEEDS, NORTHAMPTON, MASSACHUSETTS IN: SIGNATURE: TITLE: PRINT NAME: DATE: C -L lc SSLZhtI D. HAS A PECOLATION TEST AND/OR DESIGN BEEN PREPARED OR CONDUCTED? YES NI NO ■ IF SO PLEASE EXPLAIN BELOW. (ATTACH REPORT) Peter L McErlain Health Agent FORM 1 Name of Owner(s): CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton,MA 01060 (413) 587— 1214 TEL (413) 586— 1264 FAX SEPTIC SYSTEM REPAIR PROGRA Mailing Address* Home Telephone: OWNER HOUSEHOLD INFORMATION r � 815 WQ 41/1 Rot )cn ��) • ( --13 ) ski- i l k�Rote )c I -7'41 - c c' Q u O ic9 NORTHpy�pT CT l g ON BOA c OF HEALTH PROPERTY INFORMATION Property Location: Y1(c \,k) RC( t3V 171 1 -1-(coPry -nri4 <LLt<Uiti I Bedrooms: ) 2- (SY it�d Vac iI 5) Number of Occupants: . HAS A CERTIFIED INSPECTOR DETERMINED YOUR SYSTEM TO BE "FAILING"? YES • NO (ATTACH REPORT) . ARE THERE CURRENTLY ANY LIENS OR ATTACHMENTS RECORDED AGAINST YOUR PROPERTY? YES I■ NO Explanation: k CO * ■1 GU'cdSaLt- kvlain \O- C'. - r ��L p: \� 0-:\ 7Gc� tsMoiegroc SIGNATURE OF OWNER:—' ID'DATE: R-/ l y Peter J.McErlam Health Agent FORM 6 CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton, MA 01060 (413) 587- 1214 TEL (413) 586- 1264 FAX SEPTIC SYSTEM REPAIR PROGRAM STATEMENT OF FACT 'ROPERTY LOCATION: R 1,l' P ot 1-tA IAME(S) OF OWNER(S): L 5.303: Systems Failing to Protect the Public Health and Safety and the Environment A. Criteria applicable to all systems. 1. there is backup sewage into the facility served by the system or any component of the system as a result of an overload and/or clogged soil absorption system or cesspool; YES NO 2. there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area or to a surface water of the Commonwealth; YES NO Li 3. the static liquid level in the distribution box is above the level of the outlet invert; YES I I NO . _ 4. The liquid depth in a cesspool is less than six inches from the inlet pipe invert or the remaining available volume within a cesspool above the liquid depth is less than '% of one day's design flow; YES I I NO 5. the septic tank or cesspool requires pumping more than four times a year; YES ji NO 1 6. the septic tank is cracked or is otherwise structurally unsound, indicating that substantial infiltration is occurring or is eminent; YES I NO 7. a cesspool, privy or any portion of the soil absorption system extends below the high groundwater elevation; YES iLj NO I 8. other reason(s) as to why system is not working or has failed: YOUR YEARLY INCOME $150,00.00 OR GREATER? YES I I NO LEASE GIVE US AN ESTIMATE OF YEARLY INCOME OFF W-2 IWNER(S) OF P- 'O THE rik ST • MY KN �P I I bRTO TY: WLEDGE THE INFORMATION IS TRUE AND CORRECT. ID i iV igO By. 'lease attach any reports you may have on this septic system. Date: Date: STOP DETERMINATION BY THE BOARD OF HEALTH SIGNED: SIGNED: ealth Agent hairman, Board of Health 2 Date: Date: Peter 1-McErlain Health Agent FORM 8 CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton, MA 01060 (413) 587— 1214 TEL (413) 586— 1264 FAX SEPTIC SYSTEM REPAIR PROGRAM CITY ENGINEER STATEMENT OF SEWER CONNECTION 'ROPERTY: STREET: OWNER(S) OF RECORD: ADDRESS: S (") � 4 KC( 1 H-v1l cc-,1 k ct Yll 04 Ll l c MAP LOT# IT IS THE DETERMINATION OF THIS DEPARTMENT THAT THE PROPERTY IN QUESTION IS UNABLE TO BE CONNECTED TO THE CITY SEWER SYSTEM AT THIS TIME, FOR THE FOLLOWING REASON(S): SIGNATURE: PRINT NAME: Engineer TITLE: DATE: Peter J.McErlain Health Agent FORM 4 CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton, MA 01060 (413) 587- 1214TEL (413) 586— 1264 FAX SEPTIC SYSTEM REPAIR PROGRAM TAX COLLECTOR'S CERTIFICATION PROPERTY LOCATION: V7ci Q5-Fll( ow-1 (A » . STREET: Oc-,v kg_ k) v (t! MAP //a LOT # /3C OWNER(S) OF RECORD: ADDRESS: 1 1U ( i+ l\a_ 1'\\ ()? l\ ITEM AMOUNT STATUS WATER ASSESSMENTS $ /(, 5, 35 Qei (? SEWER ASSESSMENTS $ pj _ REAL ESTATE TAXES $ 76'6 6,0 C,u l y iozY d OTHER (Describe) $ SIGNATURE: nal-eL Le f`` ' "� DATE: THE C COMMENTS: THE BOARD OF HEALTH WILL NOT LOAN MONEY TO ANYONE HAVING A BALANCE DUE. Peter 1.McErlaln Health Agent FORM 2 CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton, MA 01060 (413) 587-1214 TEL (413) 586— 1264 FAX SEPTIC SYSTEM REPAIR PROGRAM MAP OF PROPERTY FROM ASSESSORS OFFICE PLEASE ATTACH COPY OF ASSESSOR'S MAP TO THIS FORM. :ORD. CERTIFICATE OF LIABILITY INSURANCE _R :nsurance Agency, Inc. r• M. Stephens, CPC) srket Place, P 0 Box 4580 Tgfield MA 01101-4580 [nsurance Agency, Inc. 413-781-0416 FaxNo. 413-734-8525 J W Cotton PO Box 921 Northampton MA 01061 CSR DATE(MMN Dm) MY JWCOT50 10/21/98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Commercial Union Ins Co. COMPANY L A COMPANY Reliance Insurance Co , COMPANY C HOMPANY I ° RAGES IIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, (CLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ — _ — -- - POLLI YEFFCUIIVE (POLICY EXPIRA TION LIMITS TYPE OF INSURANCE POLICY NUMBER I DATE(MM/DDIYY) I DATE(MMIDDMII GENERAL AGGREGATE 182000000 i�iCOMMERCIAL GENERAL 07/01/981 07/01/99 PROOURs.compIOP ACG Is 2000000 5[ILDMMERQALGENERALLIACCU ABR505134 PERSONAL&ADV INJURY 51000000 jCLAIMS MADE L�OCCUR I EAw occuRRErvw -x1000000 - jOWNER'6&coNTRACTOrrs PROM rHREDAMAGE(Any one fire) IS 100000 -- —I I MEDEXP(Any one roman) I s5000 AUTOMOBILE LIABILITY 7 ANY AUTO I ALL OWNED AUTOS -X I SCHEDULED AUTOS X I HIRED AUTOS X NON/OWNED AUTOS GARAGE DABIL kANY AUTO CBXC09667Q I COMBINED SINGLE LIMIT I s 500000 07/01/98 I 07/01/99 r- — BODILY INJURY [(Per person) BODILY INJURY Per accident) $ H 1�EXCESS LIABILRY IX l UMBRELLA FORM —1 OTHER THAN UMBRELLA FOR WORKERS COMPENSATION AND I EMPLOYERS LIABILITY THE PROPRIETOR/ IPARTNERSIEXECIRIVE OFFICERS ARE I PROPERTY DAMAGE $ I AUTO ONLY-EA ACCIDENT Is I OTHER THAN AUTO ONLY _ EACH ACCIDENT $ AGGREGATE EACH OCCURRENCE IS 1000000 CBDZ75869 Ln INCL I NWA175589601 I I EXCL SCRIPTION OF OPERATIONS/ ATIONSNEHICLESISPEOIAL RE ERTIFICATE HOLDER City of Northampton Board of Health Attn: Lynn Kirk Main St. Northampton MA 01060 ,CORD 25-S(1/95) NORTHAM 07/01/98 07/01/99 .AGGREGATE IS 1000000 vc STAN- IOTH-. EACHA ACCIDENT I ' ER EL EACH ACCIDEM 5100000 11/25/97 11/25/98 LEL DISEASE-POLICY LIMIT TS 500000 EL DISEASE-EA EMPLOYEE 100000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. I ance Agenc ; Inc. ACORD CORPORATION 1988 Peter J.McErlain Health Agent FORM 7 CITY OF NORTHAMPTON BOARD OF HEALTH 210 Main Street Northampton, MA 01060 (413) 587 — 1214 TEL (413) 586—1264 FAX SEPTIC SYSTEM REPAIR PROGRAM BETTERMENT CONTRACT Icy is agreement is entered into by and between the City of NORTHAMPTON, by its Board of alth and Treasurer, and Lynn Kirk (the Owner)this y of J•A.ti j '' 199 ' -IEREAS, the Owner owns residential property, including improvements thereon, known Z s and mbered 878 Westhampton Road, Northampton Massachusetts (Assessors Map 135 , Page ) and described in a deed dated October 24, 1993 and ;corded with the HAMPSHIRE COUNTY, Registry of Deeds in book 4336 Page 280 led as Document No. with the Registry District of Land Court] (the "Property"); and HEREAS, the Owner has petitioned the City of NORTHAMPTON to make finding pursuant to .G.L. c 111; and 'HEREAS, the NORTHAMPTON Board of Health has adopted an order requiring the Owner to pair, replace or upgrade the failed system to comply with the requirements of said Title 5; and (HEREAS, the Owner has pursuant to M.G.L. c. 111, , §. 127B Y=, applied to the City of ORTHAMPTON for financial assistance to repair, replace and/or upgrade the failed system; and JHEREAS, the Department of Environmental Protection ("DEP") has approved the City of IORTHAMPTON'S proposed program of offering betterment pursuant to M.G.L. c. 111, § 1278 '/: homeowners to repair, replace and/or upgrade failed systems for financing under the Local Septic lanagement program, and the City of NORTHAMPTON has received a State Revolving Fund "SRF") loan from the Water Pollution Abatement Trust (the "Trust")to finance said betterment Irogram; and WHEREAS, THE City of NORTHAMPTON intends to provide financial assistance ert and Ownerfrome orm of a Betterment Agreement made pursuant to said M.G.L. c. 111, , § he SRF loan received by the City of NORTHAMPTON under the Local Septic Management program; and WHEREAS, the parties intend by this Betterment Agreement to cause repair, replacement and/or upgrade of the failed system to comply with Title 5 and other applicable public health and environmental laws and to complete other work directly or indirectly related thereto (the "Project" as described in paragraph 4 hereof); and J THEREFORE, the parties, for and in consideration of mutual covenants and other good and able consideration, do hereby agree to the terms of this Agreement, as set forth below. The Agreement The City of NORTHAMPTON hereby agrees to provide financial assistance in an amount up to $ 4,600 .00 to be advanced from time to time by the City of NORTHAMPTON to the Owner pursuant to the terms of this Agreement. The Owner promises to repay, interest as set forth herein, all sums provided to Owner by the City of NORTHAMPTON. Following notice to the Owner by the City of NORTHAMPTON collector of taxes of the amount of the betterment assessment, an amortization schedule shall be developed and incorporated as an attachment to this Agreement. Interest on the amounts advanced by the City of NORTHAMPTON to Owner shall be computed annually at the rate of FIVE percent ( 5 %) per annum on the outstanding principal balance, accruing from the 30th day after the City Assessor commits the betterment assessment to the City collector of taxes. The amount to be repaid shall be included on and paid with the (quarterly, semi-annual or annual) municipal tax bill. Interest amount due hereunder on the tax bill shall be paid pursuant to an interim bill. All outstanding amounts due to the City of NORTHAMPTON by Owner if not prior paid, shall be due and payable on . [fill in date of term] Prepayment in full or in part of all amount advanced hereunder may be made by the Owner without penalty. This agreement represents the entire and integrated agreement between the parties hereto and supercedes prior negotiations, representations, or agreements, either written or oral. The Agreement may only be amended or modified by a written modification. Installment Payments The City of NORTHAMPTON shall jointly make advances of funds to owner and contractor, pursuant to the terms of this Agreement, from time to time to pay for the project. Such advances shall be made solely for the purposes set forth in this Agreement. The obligation of the City to advance all or any part of the financial assistance for repair, replacement and/or upgrade of the failed system is subject to the following: (A) Inspection of the failed system by a representative of the NORTHAMPTON Board of Health or by a DEP Certified Septic System Inspector, as deemed necessary by the NORTHAMPTON Board of Health. the Contractor on Health for behalf the project. Owner shall plans approved by (1.) solicit a bid or bids for the necessary field work and plan preparation from registered professional engineers or registered sanitarians, (2.) shall submit documentation of these bids to the NORTHAMPTON Board of Health, and (3.) Specify Owner's choice of an engineer or sanitarian. (B) 2 The NORTHAMPTON Board of Health may approve an installment payment NOT to exceed the amount of the selected bid. An installment payment for field work and plan preparation shall be made by check payable JOINTLY the the selected sneer or sanitarian and shall be payable upon presentation and approval (SEE FORMA ). (C) Submission by Owner or Contractor or behalf of the Owner of the bid or bids for the project in accordance with the plans from licensed (including, but not limited to, a Disposal System's Installer's Permit). Insured septic system contractors, which bids contain detailed breakdowns of the cost of the Project by tasks. (SEE FORM B). (D) Confirmation by the NORTHAMPTON Board of Health that the contractor for construction of the Project ( the "Contractor") selected by the Owner has a valid Disposal Installer's Permit in effect for the period covering the system upgrade financed under this Betterment Agreement. (E) Review by the NORTHAMPTON Board of Health of a Project Budget based on the bid submitted the Contractor. (F) Execution of a construction contract between the Owner and the Contractor b pursuant to the plans and specifications which have been previously approved by the NORTHAMPTON Board of Health. (G) Issuance by the NORTHAMPTON Board of Health of a Disposal Works Construction Permit with respect to the Project. Conditions of Payment Installment payments of the financial assistance are to be made by the City of NORTHAMPTON under the following conditions: (A) An installment payment for field work and preparation of plans shall be made to the Owner and engineer or sanitarian in accordance with Subsection (B)of section 2. (B) A reasonable time before the date on which any other installment payment is required to be made, the Contractor shall give notice to Owner and City specifying the total installment payment request. Such notice shall consist of a detailed request describing the value of the completed items of work. The amount of the request shall be equal the amount of the requested installment. The request shall be accompanied by a sworn certificate of the Contractor that all materials, subcontractors and employees have been paid prior work on the Project. The City of NORTHAMPTON may request the Owner to provide further documentation in support of a request for an installment payment. Upon approval of any requested installment payment, the City shall issue a check payable JOINTLY to Owner and Contractor, which check shall be forwarded by the City to Owner. 3 (C) The City may require as a condition of any installment payment that Owner submit satisfactory evidence that there are sufficient remaining funds to pay for completion of the Project in accordance with the approved plans. (D) Prior to making an installment payment the NORTHAMPTON Board of Health may cause the Project to be inspected to verify that the work items described in the request have been actually completed. In any case, the Contractor shall provided verification that the work referred to in the installment request has been completed in accordance with the approved plans. (E) Prior to paying the final installment, the Contractor shall provide verification that all work has been completed in accordance with the approved plans, a sworn certification that all materials, subcontractors and employees have been paid for work on or materials supplied for the Project and the NORTHAMPTON Board of Health shall have issued a Certificate of Compliance for the Project. Scope of Work for Project The Owner and the Contractor, pursuant to the Disposal System Construction Permit issued by the NORTHAMPTON Board of Health, shall determine the Scope of Work necessary to bring the failed system into compliance with Title 5. Such Scope of Work may include, but not be limited to the following: (A) performing soil and percolation test and other necessary site analyses; specification of the failed system components to be repaired, replaced and/o upgraded; (B) design of the System or components thereof to be repaired, replaced and/or upgraded; (C) obtaining all applicable federal, state and local permits and approvals required to complete the Project; (D) seeking bids and awarding contracts for assessment, design, consulting and construction work and materials in accordance with applicable laws, regulations and requirements; (E) minimizing any disruption of utility service, and reasonably restoring the Property to as near its original conditions as is practicable; and (F) engaging such other service and procuring such other materials as shall be reasonably necessary to complete the Project in a good and workmanlike manner. All such work shall be performed pursuant to written contracts and agreements, copies of which shall be incorporated by reference into this agreement. S Town's Right to Inspect The Owner agrees to allow D.E.P., the City of NORTHAMPTON, including the NORTHAMPTON Board of Health, Health Agent and other officials, employees and agents to enter onto the Property, as is reasonably necessary and with reasonable notice, to test, examine and inspect the Project to verify the completion and adequacy of the work. 4 Covenant Not to Sue The Owner covenants and agrees not to sue the City of NORTHAMPTON for any claims of damage to loss of property of the Owner or others, or for breach of warranty regarding the performance or condition of the Project, or for injury, illness or death arising out of the performance of any contractors or agents engaged to perform the work. This Covenant Not to Sue provision shall have no application to causes of action which may have arisen prior to the execution of this Agreement, or to causes of action that are unrelated to this Agreement, or to causes of action against any person or entity other than the City of NORTHAMPTON. Owners Representations and Warranties to the City of NORTHAMPTON The Owner represents and warrants to the City of NORTHAMPTON that: (A) Financial information. The Borrower's Affidavit furnished to the City of NORTHAMPTON by the Owner is accurate and complete; Title. The Owner has good record title to the Property, subject only to the Encumbrances of Record; (C) Permits and Compliance With Law. The Owner has obtained or will obtain all necessary governmental permits for the Project. The On-site Sewage Disposal System for the dwelling on the Property, after completion of the Project, will comply with all applicable laws, regulations, codes and ordinances, including but not limited to Title 5; and (D) Insurance. The Owner and Contractor have procured or will procure insurance in such forms and in such amounts as shall be satisfactory to the City of NORTHAMPTON. Certificates of insurance shall be attached as Exhibits to this agreement. (FORM C) Each of the foregoing representations and warranties in this section shall remain in force until the financial assistance is repaid in full. The Owner shall indemnify and hold harmless the City of NORTHAMPTON from and against loss, expense, or liability (including cost of defending any claim), directly, or indirectly from the falsity, inaccuracy, or breath of any of the above representations and warranties. (B) Owner's obr ations During the term of this Betterment Agreement,the Owner agrees that the Owner shall comply with all of the terms and conditions of this and any related agreement and that the Owner shall: (A) Completion of Project. Cause the Project to be promptly completed in a manner in accordance with the approved plans and with Project Budget and in compliance with all laws, regulations, codes and ordinances and notify City of NORTHAMPTON when the project is complete. - (B) Records and Cooperation with City. Keep complete records relating to the Project, which records shall be available for inspection and copying by the City of NORTHAMPTON, and cooperate fully with any audit of the Project if so requested by the City of NORTHAMPTON. 5 (C) Performance of Other Obligations.fn mortgage the or other Owner's Covenaigi ttiion and agreement under any present Agreement which encumbers the property. (D) Use of Financial Assistance. The financial assistance is provided for the public purpose of protecting the public health, safety, welfare and the environment. The in the Project Budget and ensure that the proceeds are not used focost ny other ed purpose. Events of Default The Owner shall be in default under this Agreement upon the occurrence of any one or more of the following events: (A) Sale, Transfer or Assignment Without Approval. The Owner assigns or transfers any money advanced or to be advanced hereunder to any person or entity not approved by the City of NORTHAMPTON. (B) Cessation of Construction. The Owner or Contractor ceases construction of the Project for more than thirty (30) consecutive calendar days. The NORTHAMPTON Board of Health may waive this event of default upon application of the Owner and a demonstration that such cessation occurred casu Act alty, or other causes beyond the owners o or other s reasonablecontrol. (C) False Representation or Warranties. Any representation or warranty made herein which prove to be false or inaccurate in any material respect. (D) Breach of an Obligation. The Owner defaults in the performance of any of the Owner's obligations contained herein. Ci of NORTHAMPTON'S Right On Default Upon Owner's default, the City of NORTHAMPTON shall have no further obligation to make any further shall payments imm at a and d all and amounts abl advanced by the City of NORTHAMPTON to the Owner sh Notice of Betterment Agreement Upon execution of this Agreement by Owners and the City of NORTHAMPTON a Notice of this Agreement shall be recorded by the City of NORTHAMPTON at the Hampshire County relative of pports�ment division, reassessment and collection of al sess ent abatement and collection to apportionment of assets, provided however, that the lien which shall arise pursuant to M.G.L. c. 111, § 127B 'a, shall take effect by t. following n if date of such assessment or apportioned P art of such as assessment. lien, any shall be deemed to secure all amounts advanced hereunder, together with interest thereon, and shall included costs of collection and reasonable attorneys fees, recording, filing fees and dismissal fees. 6 Improvements to the Property Any alteration or improvements to the Property resulting from the Project are the property of the Owner, and the City of NORTHAMPTON shall bear no responsibility for the condition of the improvement or its maintenance. Cancellation of the Agreement by the Owner The Owner may by written notice to the NORTHAMPTON Board of Health, and the Treasurer of the City of NORTHAMPTON cancel Owner's further obligation for repayment under this Agreement at any time prior to the end of ten (10) calendar days following notice in writing to the City of NORTHAMPTON of the Owner's proposed successful construction bid, based on the Owner's evaluation of the proposed scope and cost estimate of the system upgrade derived from the filed work, project design and the successful construction bid. However, in the events of such cancellation, the Owner shall remain liable for repayment of all sums advanced by the city of NORTHAMPTON to Owner pursuant to this Agreement. All sums advanced by the City of NORTHAMPTON to Owner shall all the Owner, the with NORTHAMPTON the and within term set forth in paragraph 1 hereof. Upon application Board of Health may revoke the Order for Improvements, provided however, that the Owner shall remain liable to comply with the provisions of Title 5. personal Obligation of the Owner In addition to those remedies available to the City of NORTHAMPTON regarding the assessment and collection of betterment, the Owner shall be personally liable for the repayment of the amounts advanced, plus interest thereon and the total direct and indirect costs incurred by the City of NORTHAMPTON in the contemplation and the performance of this Agreement or the property, the City of NORTHAMPTON shall permit the assumption of the personal liability hereunder by said purchaser or tranferee and shall release the personal liability of the Owner. The assumption and release of liability hereunder shall be in writing and shall be executed prior to the purchase or transfer by the Owner, the purchaser or tranferee of said City of NORTHAMPTON. Notice Any notice required to be given under this Agreement hall bet made in writing andd s recbe e delivered by either in-hand delivery or by p p d requested. (A) If notice is made to the City of NORTHAMPTON, it shall be made to: NORTHAMPTON Board of Health or the Mayor; or (B) If notice is not made to the Owner, it shall be made to: Notice shall be deemed given on the day it is hand delivered or three (3) days after the date of posting of first class mail. 7 Fundin The obligation of the City of NORTHAMPTON are expressly contingent upon funding. In the event that funding for the City of NORTHAMPTON'S obligation in unavailable, upon notice to the Owner, this Agreement may be cancelled by the City of NORTHAMPTON and all obligations of the City of NORTHAMPTON shall be null and void. Enforcement entofLaws Nothing in this Agreement shall be deemed to stop or effect or a waiver, or otherwise act as a bar or defense,to any legal proceeding by the City of NORTHAMPTON relating to the System of the Property. Severability In the event that one or more provisions of this agreement is deemed unenforceable by a court of competent jurisd jurisdiction, the Agreement, except as deemed unenforceable, hallremain ii fu f force and effect. Govemina Law This agreement shall be governed by Massachusetts Law. 8 • 1 •t3 2 c' • ._ t� .` • iethe trm of this Bettermet rmseand condit ons of this and any Agreement, elated Agreement and that the comply:Owner Shall IN all IN WITNESS WHEREOF, the undersigned parties have signed this Agreement79sgaan instrument under seal this day, of CITY OF NORTHAMPTON BY ITS BOARD OF HEALTH: \ 4�- Chairman. AS TO INTEREST RATE: 5% A TERM OF 10 YEARS CITY OF NORTHAMPTON BY ITS TREASURER: Treasurer EXHIBITS 1. Designer Contract 2. System Plans and Design 3. Construction Contract(s) 4. Project Budget 5. Certificate(s)of Insurance 6. Disposal System Construction Permit 7. Other Applicable Permits, licenses and Agreements 8. Requisitions for payment and support documentation 9. Certificate of compliance _ ; --- Owner Print Name Print Name APPROVED AS TO FORM: City Attorney 9 Mayor