559 Title 5 Agreement 2011 CAREY & CAREY
ATTORNEYS AT LAW
CHAEL J. CAREY
MES F.CAREY
December 20,2011
Ben Wood
Northampton Health Department
240 Main Street
Northampton, MA 01060
RE: RKD,LLC 559 Florence Road, Florence, MA.
203 NORTHAMPTON STREET
PO.BOX 750
EASTHAMPTON,MASSACHUSETTS 01027
TEL. (413)527-0600
FAX:(413)529-9292
Dear Ben:
Enclosed please find for your file an original fully executed Title 5 Agreement
between RKD, LLC and the Northampton Health Department. Please be advised that my
clients are scheduled to purchase 559 Florence Road, Florence, Massachusetts, on or
about, January 13, 2012. Thank you for your assistance in this matter.
Very truly yours,
Cfror
Jame•F. Carey
1
Northampton Health Department Title 5 Enforceable Agreement
From:Northampton Health Department—Ben Wood, Director
To: R K D, LLC,
Date: December 14,2011
On-site System Location: 559 Florence Road, Florence, MA. 01062
Owner Information:
RKD, LLC
551 Florence Road
Florence,MA 01062
Enforceable Agreement: Based on 310 CMR 15.000: the State Environmental Code,
Title 5
R K D, LLC will obtain ownership of the property located at 559 Florence Road, Florence,
MA. The property currently operates with use of a private subsurface on-site sewage
treatment and disposal system. At time of title transfer the disposal system serving the
facility had not been inspected and there remains no current inspection of the system. 310
CMR 15.301 (4) (b) Exclusions allows for the entity acquiring title of the facility to sign an
enforceable agreement with the Approving Authority to upgrade the system or to connect the
facility to a sanitary sewer or shared system within the next two years following the transfer
of title.
R K D, LLC and the City of Northampton Health Department as the Approving Authority
hereby agree to the following:
1. That by December 31, 2013,pending installation of city sewer lines, R K D, LLC
will connect the existing facility to the city public sanitary system, or
2. That by December 31, 2013 if connection to the city's public sanitary sewer
system is not feasible, R K D, LLC agrees to complete an upgrade of the current
system and maintain the system in accordance with the 310 CMR 15.000.
Failure to comply with the provisions of this agreement may result in enforcement
action as provided by 310 CMR 15.000.
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roving Authority D e R D, LLC Date
Northampton Health Dept. Karen Denno, Manager