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36-128 (2) 279 BROOKSIDE CIR BP-2020-0121 GIs#: COMMONWEALTH OF MASSACHUSETTS Map:Block:36- 128 CITY OF NORTHAMPTON Lot: -001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) Category: BASEMENT RENOVATION BUILDING PERMIT Permit# BP-2020-0121 Project# JS-2020-000198 Est.Cost: $9300.00 Fee:$65.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Use croup: Homeowner as Contractor Lot Size(sa.ft.): 31188.96 Owner: LEAVITT MARIAH zoninp-: Applicant: LEAVITT MARIAN AT. 279 BROOKSIDE CIR Applicant Address: Phone: Insurance: 279 BROOKSIDE CIR (413) 586-0583-0 FLORENCEMA01062 ISSUED ON.81112019 0:00:00 TO PERFORM THE FOLLOWING WORK.-BASEMENT RENO ( POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector Underground: Service: Meter: Footings: Rough: Rough: House# Foundation: Driveway Final: Final: Final: Rough Frame: Gas: Fire Department Fireplace/Chimney: Rough: Oil: Insulation: Final: Smoke: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Certificate of Occupancy Signature: FeeType: Date Paid: Amount: Building 8/1/2019 0:00:00 $65.00 212 Main Street Phone 413 587-1240,Fax: 413)587-1272 Louis Hasbrouck—Building Commissioner File#BP-2020-0121 APPLICANT/CONTACT PERSON LEAVITT MARIAH ADDRESS/PHONE 279 BROOKSIDE CIR FLORENCE (413)586-0583 Q PROPERTY LOCATION 279 BROOKSIDE CIR MAP 36 PARCEL 128 001 ZONE THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid 99 Building Permit Filled out Fee Paid Typeof Construction: BASEMENT RENO New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Statement or License 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRESENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND/OR Special Permit With Site Plan Major Project: Site Plan AND/OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management Demolition Delay 8- J- Zo19 Signa re of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all Zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. *Variances are granted only to those applicants who meet the strict standards of MGL 40A.Contact Office of Planning&Development for more information. Department use only City of NO ham IECS'�/ atus of Permit: Building D pa ent `r urb ut/Driveway Permit 212 Mai Str et JUL ewe !Septic Availability Roo 10 3 2019 Wat /Well Availability Northamp>t n, 1 01060 Two ets of Structural Plans phone 413-587-1 0 � r� _r 72 Plo Site Plans o0r!74 inic Mn7nN r�gPEcrip�S Ot r Specify APPLICATION TO CONSTRUCT,ALTER, REPAIR, RENOVATE O OLISH A ONE OR TWO FAMILY DWELLING SECTION 1 -SITE INFORMATION 1.1 Property Address: `` This section to be completed by office Z-7 9 13,c a c,)�5�tl�t L i`r-c—t — Map 3 Lot /.J 2P Unit F10N tVnCC— Ml\ C> iC) E 'Z_ 1 Zone Overlay District Elm St.District CB District SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT 2.1 Owner of Record: Cc Fore- 9(26/tg i 3 Q(`55 5-t C'c M c.� \ o-y' L c c.V 8'(zS It q t--(O'coccc Name(Print) Current Mailing Address: M �� Telephone Signature 2.2 Authorized Agent: -3 o\n h 4e)aa�'�,r w�c� SOS {�� �C'C'C't V �� . �l:��•w5�wt Name(Pri ) Current Mailing Address: I�- 2 Signature U Telephone SECTION 3-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollars)to be Official Use Only completed by permit applicant 1. Building L fSU O (a)Building Permit Fee 2. Electrical (b)Estimated Total Cost of 2 Ga v Construction from 6 3. Plumbing so0 Building Permit Fee 4. Mechanical (HVAC) 5 Fire Protection 6. Total =0 +2+3+4+5) :5 o d Check Number This Section For Official Use Only BuildingPermit Number: Date Issued: 1-7 Signature: V - I -Zol 7 . Building Commissioner/Inspector of Buildings Date ' • i'�1 'C`r\(jam A l'. Section 4. ZONING All Information Must Be Completed. Permit Can Be Denied Due To Incomplete Information Existing Proposed Required by Zoning This column to be filled in by Building Department Lot Size i-7 Z 40 4� N V�--'' Frontage Setbacks Front w Side L.' R:17 L:'_ R: I a Rear Building Height Bldg. Square Footage % 00 C Open Space Footage I % (Lot area minus bldg&paved parking) #of Parking Spaces N O dk-WA Fill: volume&Location A. Has a Speci l Permit/Variance/Finding ever been issued for/on the site? NO DONT KNOW © YES O IF YES, date issued:3.��.,_.....�.,........W...M.W_.i L..�-_ IF YES: Was the permit recorded at the Registry of Deeds? NO O DON'T KNOW © YES O IF YES: enter Book Page and/or Document # B. Does the site contain a brook, body of water or wetlands? NO DONT KNOW O YES O IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained O Obtained O , Date Issued: C. Do any signs exist on the property? YES © NO IF YES, describe size, type and location: D. Are there any proposed changes to or additions of signs intended for the property ? YESO NO IF YES, describe size, type and location: E. Will the construction activity disturb(clearing,grading,excavation,or filling)over 1 acre or is it part of a common plan that will disturb over 1 acre? YES © NO IF YES,then a Northampton Storm Water Management Permit from the DPW is required. SECTION 5-DESCRIPTION OF PROPOSED WORK(check all applicable) New House ❑ Addition ❑ Replacement Windows Alteration(s) Roofing ❑ Or Doors D Accessory Bldg. ❑ Demolition ❑ New Signs [0] Decks [Q Siding [p] Other[Q Brief Description of Proposed '}� Work: Par'rC u1 i�RCS� O `0 °'S � Ct� l \t�C'-sCv(x<� W �h�tM+ S Alteration of existing bedroom Yes 4_( No Adding new bedroom Yes No Attached Narrative Renovating unfinished basement Yes No Plans Attached Roll - heel 6a. If New house and or addition to existing housing, complete the following: a. Use of building :One Family Two Family Other b. Number of rooms in each family unit: Number of Bathrooms c. Is there a garage attached? d. Proposed Square footage of new construction. Dimensions e. Number of stories? f. Method of heating? Fireplaces or Woodstoves Number of each g. Energy Conservation Compliance. Masscheck Energy Compliance form attached? h. Type of construction i. Is construction within 100 ft.of wetlands? Yes No. Is construction within 100 yr. floodplain Yes No j. Depth of basement or cellar floor below finished grade k. Will building conform to the Building and Zoning regulations? Yes No. I. Septic Tank City Sewer Private well City water Supply SECTION 7a-OWNER AUTHORIZATION-TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, M ar'� �`h L.c av i as Owner of the subject property hereby authorize 4 to act on my behalf, in matters rgWive to work authorized by this building permit application. .-7 30 Signal re of O Date �k'^. L t 4 v i TC as Owner/Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief. Signed under the pains and penalties of perjury. Print Name T/78401 Z;;4� o t Signature of er/A nt Date SECTION 8-CONSTRUCTION SERVICES 8.1 Licensed Construction Supervisor: Not Applicable ❑ Name of License Holder: C fir. f `y 5�'�"�"""� L 5 f7 Z2-!&"2 57 1 ` License Number I o S �� :.moat �}:l( �� , W .`�1:��..s b.}-�c ��(� G►U�-� IZ / \1 l 2c\� Addressn Expiration Date J(� 26-?S23 Signature Telephone Signature 9.Registered Home Improvement Contractor: Not Applicable ❑ Company Name Registration Number Address Expiration Date Telephone SECTION 10-WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.152,§25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed Affidavit Attached Yes....... No...... ❑ 11. - Home Owner Exemption The current exemption for"homeowners"was extended to include Owner-occupied Dwellings of one(1) or two(2)families and to allow such homeowner to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor.CMR 780, Sixth Edition Section 108.3.5.1. Definition of Homeowner:Person(s)who own a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two family dwelling,attached or detached structures accessory to such use and/or farm structures.A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official,on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. As acting Construction Supervisor your presence on the job site will be required from time to time,during and upon completion of the work for which this permit is issued. Also be advised that with reference to Chapter 152(Workers' Compensation) and Chapter 153(Liability of Employers to Employees for injuries not resulting in Death)of the Massachusetts General Laws Annotated,von may be liable for person(s) you hire to perform work for you under this permit. The undersigned"homeowner"certifies and assumes responsibility for compliance with the State Building Code,City of Northampton Ordinances,State and Local Zoning Laws and a of Massachusetts General Laws Annotated. Homeowner Signatur '\ The Commonwealth of Massachusetts Department of Industrial Accidents 0 1 Congress Street,Suite 100 Boston,MA 02114-2017 www mass.gov/dia Workers'Compensation Insurance Affidavit:General Businesses. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Leeibly Business/Organization Name: Address:_ ) © � otc� 46 City/State/Zip: W 1k Phone#: 'Z 69�'— '7.5- 2 3 Are you an employer?Check the appropriate bog: Business Type(required): 1.❑ I am a employer with employees(full and/ 5. [_—]Retail or part-time).* 6. ❑Restaurant/Bar/Eating Establishment 2.� 1 am a sole proprietor or partnership and have no 7. ❑Office and/or Sales(incl.real estate,auto,etc.) �� employees working for me in any capacity. [No workers'comp.insurance required] g• ❑Non-profit 3.❑ We are a corporation and its officers have exercised 9. ❑Entertainment their right of exemption per c. 152,§1(4),and we have 10.❑Manufacturing no employees. [No workers'comp.insurance required]* 11.❑Health Care 4.❑ We are a non-profit organization,staffed by volunteers, with no employees. [No workers'comp.insurance req.] 112.0 Other *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. "If the corporate officers have exempted themselves,but the corporation has other employees,a workers'compensation policy is required and such an organization should check box#1. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy information. Insurance Company Name: Insurer's Address: City/State/Zip: Policy#or Self-ins.Lic.# Expiration Date: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cern nder th ains andp alti of perjury that the information provided above is true and correct Signature: Date: 6 Phone#: �t3 2(6 — -7 S 2 3 Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Licensing Board 5.Selectmen's Office 6.Other Contact Person: Phone#: www.mass.gov/dia PURCHASE AND SALE AGREEMENT 1. PARTIES. This Agreement is made this day of July, 2019 between Nicole Rainville of 279 Brookside Circle, Florence, Massachusetts (hereinafter called SELLER), and Mariah Leavitt of 113 Bliss Street, Florence, Massachusetts (hereinafter called the BUYER). SELLER named herein represents that she is the record owner of the premises. 2. DESCRIPTION. Subject to the terms and conditions hereinafter set forth, the SELLER agrees to sell and the BUYER agrees to buy the following bounded and described premises: 279 Brookside Circle, Florence, Massachusetts, being all X or a portion_of the premises as more particularly described in a Deed dated August 25, 2009 and recorded in the Hampshire County Registry of Deeds in Book 9945, Page 270. 3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES. Included in the sale as part of said premises are all buildings, structures, improvements and fixtures located in or on the premises belonging to the SELLER and used in connection therewith including, IF ANY, all venetian blinds, curtain rods, window shades, wall to wall carpeting, screen doors, storm windows and doors, awnings, shutters, furnaces, heaters, oil and gas burners and fixtures appurtenant thereto,hot water tanks, plumbing fixtures, electrical and other lighting fixtures, TV antennas, rotors and controls, garage door openers and controls, mantels, fences, gates, trees, shrubs, plants, and IF BUILT-IN, exhaust fans, garbage disposers, dishwashers,air conditioning equipment,kitchen ranges and ovens and vacuum cleaners. Items to be transferred to the BUYER in"as is" working condition and not to be considered part of the sale are (if none, state "none"): Stove, refrigerator, and woodstove shall remain for Buyer's enjoyment. Not included in the sale as part of the premises are the following items (if none, state "none"): None The following fixtures/systems/components are rented and not owned by the SELLER (if none, state"none"): None 4. TITLE. Said premises are to be conveyed on or before August 9, 2019 by a good and sufficient Deed of the SELLER, which shall be a Deed of equal character and covenants as held by the SELLER, conveying a good, clear record and marketable title to the same free from all encumbrances, except: (a) Usual public utilities servicing the premises, if any; (b) Taxes for the current year not due and payable on the date of delivery of the Deed; (c) Any liens for municipal and/or special condominium assessments and/or orders for which assessments may be made after the date of this agreement; This form approved by The Real Estate Bar of Hampden County. (d) Restrictions and easements of record,if any,which do not materially affect the value or current use(single family)of the premises; (e) Provisions of existing building and zoning laws. 5. ADDITIONAL DOCUMENTATION AT CLOSING. The SELLER agrees to execute and deliver simultaneously with the delivery of the Deed such certifications as may reasonably be required by the BUYER'S attorney or the BUYER'S mortgage lender including, without limitation, documents relating to the absence of tenants in the premises, the absence of mechanic's or materialmen's liens, the payment of municipal liens, the absence of UFFI at the premises and the SELLER'S compliance with requirements imposed upon residential SELLERS with respect to UFFI and Smoke and Carbon Monoxide Detectors by statute and applicable regulations, the underlying financial terms of the purchase and sale, the citizenship and residency of the SELLER, and the SELLER'S taxpayer identification number and forwarding address. 6. CONSIDERATION. For such deed and conveyance,the BUYER is to pay the sum of.................................................................................Price $209,000.00 of which........................................................................Deposit $10,450.00 have been paid this day as a deposit and ..............................Balance Due$198,550.00 are to be paid in cash,or by certified check, Massachusetts Attorney's IOLTA check or bank check upon delivery of the Deed. 7. PERFORMANCE. The Deed is to be delivered and the consideration paid,at the Registry of Deeds in which the Deed should be by law be recorded on August 9,2019 at 10:00 a.m. unless some other place and time should be mutually agreed upon. To enable the SELLER to make conveyance as herein provided,the SELLER may,at the time of the delivery of the Deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, or in the case of institutional mortgages, satisfactory arrangements are made for their payoff and subsequent recording of discharges. If SELLER shall be unable to give title, or to make conveyance, or to deliver possession of the Premises as herein stipulated, the SELLER shall use reasonable efforts to remove any title defects, but need not expend more than $2,000, in order to remove such defects. In that event, the SELLER may extend the time of closing for up to thirty (30) days. If during any extension of the closing date, pursuant to this Agreement, the BUYER is denied a mortgage loan, or the BUYER'S mortgage loan interest rate increases, the BUYER may terminate this Agreement, all deposits paid shall be returned to BUYER, this Agreement shall be deemed null and void. 8. CASUALTY LOSS. In case of any damage to the premises by fire or other casualty, after the signing and delivery of this Agreement by all parties hereto, and unless the premises 2 shall have been restored to its former condition by the SELLER prior to the performance date,the BUYER may,at the BUYER'S option, either cancel this Agreement and recover all sums paid hereunder or require as part of this Agreement that the SELLER pay over or assign, on delivery of the Deed, all sums recovered or recoverable on any and all insurance covering the damage and any deductible amount. 9. POSSESSION. Full possession of the premises, free of all tenants and occupants, is to be delivered to the BUYER at the time of the delivery of the Deed, the said premises to be then in the same condition in which they now are, reasonable use and wear of the buildings thereon excepted. The SELLER also agrees that the premises will be delivered to the BUYER in "broom clean" condition. All items belonging to SELLER, including but not limited to SELLER'S personal possessions, building materials, debris and yard waste at the premises, paint, varnishes, paint thinners, cleaning agents and insecticides, shall be removed from the premises prior to closing. The yard located at the property is to be maintained in its present condition and the SELLER will be responsible for snow and ice removal form the walkways and driveways located at the premises through the closing date. The BUYER shall have the right to inspect the premises for compliance with this paragraph prior to delivery of the Deed upon reasonable notice to the Broker. 10. ADJUSTMENTS. Water rates, sewer use and taxes, if applicable, shall be apportioned as of the day of delivery of the Deed. If the amount of said taxes is not known at the time of the delivery of the Deed,they shall be apportioned on the basis of the taxes assessed for the preceding year with a reapportionment as soon as the new tax rate and valuation can be ascertained, which latter provision shall survive the delivery of the Deed. 11. DEPOSITS. All deposits made hereunder shall be held by Borawski Real Estate (herein called the Broker), and shall be duly accounted for at the time for performance of this Agreement. Broker herein acts as Escrow Agent. In the event of a dispute between the SELLER and BUYER as to any or all of the provisions of this Agreement or the performance thereof, the Escrow Agent shall retain all deposits hereunder in the Escrow Agent's escrow account, unless some other agreement is reached in writing between the parties, or until the dispute is resolved either by court judgment or by binding settlement between the parties. The Escrow Agent shall abide by any court decision concerning to whom the funds shall be paid and shall not be made a party to a lawsuit solely as a result of holding escrowed funds. Should the Escrow Agent be made a party in violation of this paragraph, the Escrow Agent shall be dismissed and the party asserting a claim against the Escrow Agent shall pay the Escrow Agent's reasonable attorney's fees and costs. 12. DEFAULT. If the BUYER shall default under this Agreement, the BUYER shall forfeit the BUYER'S deposits and the Escrow Agent shall deliver said deposits to the SELLER provided SELLER has delivered to BUYER and Escrow Agent a written claim for said 3 deposit and unless, within fifteen (15) days after written notice by the SELLER to the BUYER and the Escrow Agent of SELLER'S claim for the deposits as a result of the BUYER'S default, written notice of BUYER'S dispute of SELLER'S claim is delivered by the BUYER to the SELLER and the Escrow Agent. If no written notice of dispute is so received from the BUYER within said fifteen (15) day period, then the SELLER, BUYER and Escrow Agent by signing this Agreement hereby agree that the Escrow Agent Shall immediately release and disburse said escrowed funds to the SELLER. The SELLER'S retention of the BUYER'S deposit along with a claim by SELLER for an additional amount, if any, which together with said deposit amount shall equal five (5.0%) percent of the sale price herein shall be the SELLER'S sole remedy at law and in equity for BUYER'S default hereunder,as liquidated damages. In the event that the BUYER so timely delivers written notice of BUYER'S dispute of SELLER'S claim, then BUYER shall have forty-five (45) days thereafter to either at BUYER'S expense file suit in the appropriate Court of law or request binding arbitration with an agreed upon arbitrator of the dispute regarding said deposit. In the event that the BUYER does not either file suit or request arbitration, then the SELLER, BUYER and Escrow Agent by signing this Agreement hereby agree that the Escrow Agent shall immediately release and disburse said escrowed funds to the SELLER. For purposes of this provision, written notice shall be deemed to be delivered by one party to the other, if said notice is hand-delivered, mailed postage prepaid by certificated or registered mail, return receipt requested, delivered by overnight or other courier, or sent by facsimile transmission and so sent on or before the(deadline) date stated herein. BUYER and SELLER agree that if and when this conveyance is completed and the deed of conveyance has been duly recorded, SELLER shall not be entitled to claim a right to nor bring any action to recover under the liquidated damages provision of this Agreement. 13. MORTGAGE CONTINGENCY. This Agreement is contingent on the BUYER'S ability to obtain a (conventional, FHA,VA, MHFA, etc.) conventional mortgage loan commitment of One Hundred Sixty-Seven Thousand Two Hundred and 00/100($167,200.00)Dollars. If, despite the BUYER'S diligent efforts, a commitment for such a loan cannot be obtained on or before July 25, 2019, the BUYER shall so advise the Broker in writing and this Agreement shall become null and void, and all payments made hereunder shall be refunded and all obligations to each other shall cease. If such written notice is not received on or before the expiration date hereinabove specified,the BUYER shall be bound to perform the BUYER'S obligations under this Agreement. Further, the BUYER agrees to provide such reasonable documentation of the BUYER'S failure to obtain such loan commitment as the SELLER may request. In no event shall the BUYER be deemed to have used "diligent efforts" to obtain such commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing provisions forthwith. Time is of the essence as to 4 this paragraph. 14. SMOKE AND CARBON MONOXIDE DETECTORS. The SELLER shall provide to the BUYER at time of delivery of the Deed a certificate from the fire department certifying that the premises conform to Massachusetts General Laws, Chapter 148, Sections 26F and 26F%2,concerning approved smoke detectors and carbon monoxide detectors. 15. TERMITE INSPECTION. The inspection is completed and all issues arising out of the inspection are reconciled between the parties. 16 LEAD PAINT LAW. The BUYER acknowledges that, under Massachusetts law, whenever a child under six (6)years of age resides in any premises in which paint,plaster or other accessible material contains dangerous levels of lead, the owner of said premises must remove or cover said material so as to make it inaccessible to children under six (6) years of age. The BUYER further acknowledges that, prior to the signing of this Agreement, the SELLER and the Broker have (a) provided to the BUYER the standard notification form from the Massachusetts Department of Public Health concerning lead paint and the BUYER signed the property transfer notification certificate; (b) disclosed to the BUYER any information known to the SELLER, or the Broker or any of them about the presence of such materials containing dangerous levels of lead in the premises; (c) informed the BUYER of the availability of inspections for dangerous levels of lead; and (d) verbally informed the BUYER of the possible presence of dangerous levels of lead and the provisions of the lead paint law and regulations. 17. FUEL STORAGE TANKS. The parties acknowledge that the Massachusetts Board of Fire Prevention has issued regulations governing the maintenance, repair and removal of fuel storage tanks to prevent and detect leakage of tank contents into surrounding soil and water supplies. The SELLER hereby discloses that there are are not X fuel storage tank(s) either above or underground at the premises. If there are one or more fuel tanks at the premises, the SELLER further discloses that the tank(s) have have not X been used within the past six (6) months for underground storage tanks / twenty-four(24) months for above-ground storage tanks exclusively for the storage of fuel for consumption on the premises and to the best of the SELLER'S knowledge, there has been no release or leaking of fuel from such tank(s). In the event that such tanks have not been so used, SELLER agrees that SELLER will comply with the applicable provisions of 527 CMR 9.00 et seq. regarding the removal/filling of such tanks so that at the time of the delivery of the Deed, the premises will be in compliance with the provisions of the aforesaid regulations. SELLER shall provide, prior to closing, a certificate of disposal/removal for all tanks previously removed from the premises by SELLER, whether underground or above ground, as proof that storage tanks were properly disposed of. (Note: For purposes of this paragraph,underground does not mean tanks in the basement.) 5 18. SUBSURFACE-SEWAGE DISPOSAL SYSTEM INSPECTION CONTINGENCY. Check here ( , if applicable, and attach Addendum"A", which shall become part of this Agreement. 19. MISCELLANEOUS REPRESENTATIONS. a. SELLER has no actual knowledge of any pending assessment for the repair, maintenance or improvement or expansion of the water and/or sewer systems or for any other public improvement of any type that would give rise to an assessment on the property. b. SELLER has X has not received written notice from any governmental authority having jurisdiction over the property that the water supply or the sewer system is not sufficient to service the property without the need of special equipment, or that an assessment is pending or is about to be placed on the property for improvement or expansion of either or both systems or for any other public improvements. c. The SELLER represents that all mechanical components will be in operating condition at the time of delivery of the Deed,unless otherwise stipulated in this Agreement. 20. RIGHT TO INSPECT; ACKNOWLEDGMENT. The inspection is completed and all issues arising out of the inspection are reconciled between the parties. BUYER ACKNOWLEDGES THAT. (a) INFORMATION WAS SUPPLIED BY THE SELLER AND HAS NOT BEEN CHECKED FOR ACCURACY BY THE BROKER; (b) PUBLIC INFORMATION WAS SUBJECT TO BUYER'S VERIFICATION; (c) EACH ITEM WAS SUBJECT TO DIRECT INQUIRY BY THE BUYER, AND THE BUYER HAS BEEN SO ADVISED; (d) THE BROKER MAKES NO REPRESENTATIONS REGARDING THE CONDITION OF THE PREMISES, STRUCTURE(S) THEREON OR THE MECHANICAL COMPONENTS THEREOF; AND (e) THE BUYER HAS NOT BEEN INFLUENCED TO ENTER INTO THIS AGREEMENT NOR HAS THE BUYER RELIED UPON ANY WARRANTIES OR REPRESENTATIONS NOT SET FORTH OR INCORPORATED IN THIS AGREEMENT OR PREVIOUSLY MADE IN WRITING, EXCEPT FOR THE FOLLOWING ADDITIONAL WARRANTIES OR REPRESENTATIONS, IF ANY, MADE BY EITHER THE SELLER OR THE BROKER(S). (If none, state "none", if any listed, indicate by whom the warranty or representation was made).none. 21. BUYER'S RELEASE OF SELLER AND BROKER[S]. The BUYER hereby releases the SELLER and the Broker from any and all liability of any nature relating to the condition of, or any defects in, the premises or any materials, substances or structures or 6 improvements thereon, specifically including, without limitation, all matters set forth in paragraph 20 above, of which the SELLER or Broker, as the case may be had no actual knowledge prior to the execution of this Agreement. 22. FLOOD ZONE The SELLER warrants and represents to the BUYER that the premises are are not X or that SELLER has no knowledge as to whether premises are or are not X in a flood zone. The parties ftn-ther agree that if at any time prior to the closing it is discovered that the premises is in a flood zone that the BUYER at BUYER'S option may terminate this agreement and this agreement shall become null and void and all deposits made hereunder shall be refunded to the BUYER. 23. CONSTRUCTION OF AGREEMENT, This Agreement has been executed in one or more counterparts and each executed copy shall be deemed to be an original, is to be construed under the laws of Massachusetts, is to take effect as a sealed instrument, sets forth the entire agreement between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns and may be canceled, modified or amended only by a written instrument executed by the parties hereto or their legal representatives. If two or more persons are named herein as SELLER or BUYER, their obligations hereunder shall be joint and several. 24. NOTICE. Any notice required to be given in this Agreement shall be in writing and shall be deemed to be duly given when delivered to the party entitled to such notice at their address set forth herein. Notice shall also be sent to the attorney representing the party entitled to such notice as well as to the Realtor acting as Agent for the party entitled to such notice. A facsimile of such Notice shall suffice as Notice. BUYER'S Attorney SELLER'S Attorney Sean Sullivan,Esq. Francis Mirkin,Esq. 53 Gothic Street Bacon Wilson,P.C. Northampton,MA 01060 33 State Street Springfield,MA 01103 Telephone(413) 584-1454 Telephone(413)781-0560 Facsimile (413)584-1952 Facsimile(413)739-7740 attyseantsullivannamail.com finirkin@baconwilson.com BUYER'S Agent SELLER'S Agent Lisa Darragh Kathy Borawski Maple and Main Realty Borawski Real Estate 7 28 North Maple Street 44 State Street Florence,MA 01062 Northampton,MA 01060 Telephone (413) 584-2900 Telephone (413) 539-4878 Facsimile(413) 992-6105 Facsimile No fax ladarraghn,amail.com kathyborawski@comcast.net 25. ADDITIONAL PROVISIONS. Set forth below are additional provisions, if any, which are incorporated herein and made a part hereof(If none, state"none".): TITLE STANDARDS. Any matter or practice which has not been addressed in this agreement and which is the subject of a Title Standard or Practice Standard adopted by the Massachusetts Real Estate Bar Association (REBA) shall be governed by such Standards and Practices. See REBA Practice Standard No.17 regarding Mortgage Discharges. FINANCIAL MATTERS. SELLER represents that they are not a party to bankruptcy, lawsuit, divorce or foreclosure proceeding, nor is there a projected shortage of funds from proceeds to pay off all loans or other liens, any of which may affect SELLER'S ability to convey clear and marketable title to this property. BROKER FEE(S). The parties agree that Borawski Real Estate brokerage commission of $10,355.75 shall be paid from the proceeds of this sale at the time of closing. ESCROW AGENT. Broker acting as Escrow Agent is a party to this Agreement for the purposes of Paragraphs 11 and 12 herein. If the SELLER executes this Agreement in a fiduciary capacity, only the estate represented shall be bound, and neither the SELLER so executing, nor any beneficiary of the estate shall be personally liable for any obligation, express or implied, hereunder. This provision shall survive delivery of the Deed. It is understood and agreed by the parties that the Premises shall not be in conformance with the title provisions of this Agreement unless (i) all buildings, structures and improvements, including but not limited to any driveways and garages and all means of access to the premises, shall be located completely within the boundary lines of said Premises and shall not encroach upon or under or above the property of any other person or entity; (b) no building, structure or improvement of any kind belonging to any other person or entity shall encroach upon or under or above said Premises and (c) The Premises shall abut or have access to a public way by way of recorded easement, duly laid out or accepted as such by the city or town in which said Premises are located. 8 SELLER shall give BUYER a closing cost credit in the amount of$1,885.00 The sale is contingent upon the successful closing of 52 Stage Road, Westhampton, Massachusetts. 26. ADDENDUM(S) TO AGREEMENT. Attached hereto is/are addendum(s) which is/are incorporated herein and made a part hereof: (If none, state "none".) Lead Paint, TILA- RESPA Addendum Nicole RainviIle,Seller Date Mariah Leavitt,Buyer Date Borawski Real Estate,Broker/EscrowAgent Kath orawski Date 9 ADDENDUM"A" TILA-RESPA Integrated Disclosure Addendum Beginning on October 3, 2015, the TILA-RESPA Integrated Disclosure Rule by the Federal Consumer Financial Protection Bureau requires that a Closing Disclosure must be provided to the Consumer at least three business days prior to consummation and the loan may not be consummated less than three business days after the Closing Disclosure is received by the Consumer. Creditors may estimate disclosures using the best information reasonably available when the actual term or cost is not reasonably available to the creditor at the time the disclosure is made. However, creditors must act in good faith and use due diligence in obtaining the information. The creditor normally may rely on the representations of other parties in obtaining the information, including, for example, the settlement agent and/or the parties to this transaction. The creditor is required to provide corrected disclosures containing the actual terms of the transaction at or before consummation. To promote compliance with the TILA-RESPA Integrated Disclosure Rule, the parties agree as follows: 1. The Listing Broker (Company)/Agent shall provide the following information at the execution of this Agreement along with a proposed commission bill— Name of Listing Broker (Company): Borawski Real Estate Address of Listing Broker: 44 State Street Northampton, MA 01060 State License ID of Listing Broker: 3285 Name of Listing Agent: Kathy Borawski State License ID of Listing Agent: 137634 Telephone: (413) 539-4878 E-mail: kathyborawski@comcast.net 2. The Buyer's Broker (Company)/Agent shall provide the following information at the execution of this Agreement along with a proposed commission bill— Name of Buyer's Broker(Company):Maple and Main Realty Address of Buyer's Broker: 28 North Maple Street Florence, MA//0 1062 State License ID of Buyer's Broker: Q 5-W 7 / Name of Buyer's Agent: Lisa Darragh 10 State License ID of Buyer's Agent: Telephone: (413) 584-2900 E-mail: ladarragh@gmail.com 3. In the event Buyer's mortgage lender is unable to close on the closing date set forth in the executed Purchase and Sale Agreement, the closing date may be extended upon written notice from Buyer to Seller for a period not to exceed eight business days. Notwithstanding specification of the extended closing date in Buyer's written notice, the Buyer retains the right to further extend the closing date by subsequent written notice, provided the extended closing date does not exceed the eighth business day following the original closing date set forth in the Purchase and Sale Agreement. 4. In the event Buyer's ability to purchase is contingent upon the completion of the sale of Buyer's present residence, but the closing of Buyer's present residence is delayed due to TRID regulation compliance, then Buyer shall be entitled upon written notice to a like delay in closing date, not to exceed a period of eight business days, time remaining of the essence. Notwithstanding specification of the extended closing date in Buyer's written notice, the Buyer retains the right to further extend the closing date by subsequent written notice, provided the extended closing date does not exceed the eighth business day following the original closing date set forth in the Purchase and Sale Agreement. 5. Immediately after completion of inspection, the Seller shall provide copies of the following documents/information to their Attorney: a. Most recent water/sewer bill, if municipal services, or if serviced by a septic system,proof of compliance with Title 5 regulations; b. Most recent gas or electricity bill, if municipal utilities; C. Most recent mortgage/home equity statement, if there is an outstanding mortgage or home equity account on the premises; d. If there is an oil or propane tank at the premises — the size of the tank, the last price paid per gallon and how many gallons; C. Name and contact information for the management company of the condominium Association if selling a condominium; f. Copies of all written leases or rental agreements and a current Tenant ledger including the name, unit number, commencement of the tenancy, rent amount, and 11 amount of security deposit or last month's rent held for each Tenant, if applicable, for all Tenants currently occupying the premises. b. At least thirty (30) day prior to the Closing, the Seller shall obtain a Certificate of Compliance from the City/Town Fire Department regarding approved smoke detector and carbon monoxide detectors and shall provide any costs, expenses or reimbursements relating to obtaining same to their Attorney. 7. Immediately after completion of inspection, the Buyer shall immediately provide copies of the following documents/information to their Attorney: (a) name and contact information for agency/agent providing homeowner's insurance on the premises; (b) name and contact information for Lender, if applying for a mortgage. 8. If after Termite/Wood Destroying Insect Inspections or Structural Inspections pursuant to this Agreement,treatment and/or repairs are necessary,the parties to this transaction shall provide invoices/estimates to their respective Attorneys within five (5) days of said inspections for the work completed or to be completed. 9. The Buyer permits his/her/its/their Attorney to order all documents necessary for the closing including, but not limited to, a title examination, plot plan, and municipal lien certificate upon receipt of a copy of a fully-executed copy of the Agreement and hereby agrees that said costs shall be reimbursed to his/her/its/their Attorney if the closing does not occur upon written notification of said costs provided to the Buyer. BUYER(S): SELLER(S): '��z XK� Date: /Zl f Date: - BUYERS)AGENT: LISTING AGENT: 12 �l / ^ ^ . PROPERTY TRANSFER NOTIFICATION CERTIFICATION This form is to be signe&by the prospective'purchaser before signing a purchase and sale agreement,or a memorandum of agreement, to.purchase for residential property built before.1978,for compliance witL.federal and Massachusetts lead-based paint disclosure requirements: /Required Federal Lead Warningg$tatemehtc Every purchaser of any interest in residential property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage,including learning disabilities,reduced intelligence quo- dent,behavioral problems and impaired memory.Lead poisoning also poses a particular risk to pregnant women.The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assess- ments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards.A risk assessment or inspec- tion for possible lead-based paint hazards is recommended prior to purchase. Seller's Disclosure (a)Presence of lead-based paint and/or lead-based paint hazards (check(i) or(u) below): , (i) . . .Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (i;), ✓' Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seller (check(i) or(ii) below); (;) Seller has.provided the purchaser with all available records and reports pertaining to lead-based paint aixd/or lead-based paint hazards in the housing(circle documents below). Lead Inspection Report;Risk Assessment Report;Letter of Interim Control;Letter of Compliance. (ii)_ Seller has no reports or records pertaining to•lead=based paint and/or lead-based paint hazards in the housing. Purchae,Pr's or Lessee Purchaser's Acknowlement(initial) (c) Purchaser or lessee purchaser has received copies of all documents circled above. (d) M Lr Purchaser or lessee purchaser has received no documents. (e) 19.L Purchaser or lessee purchaser has..received the Property Transfer Lead Paint Notification, - (f) /�� �' Purchaser or lessee purchaser has(check.(i) or (ii)below): (i) received a 10-day opportunity (or mutually agreed.upon period) to conduct a risk assessment . or inspection for the presence of lead-based paint and/or lead-based paint hazards;or (ii) %. waived the opportunity to conduct a risk assessment or inspection forthepresence of lead- based painvand/or lead-based paint hazards. A ant's Acknmwledgment (initial) (g Agent has informed the seller of the seller's obligations under federal and state law for lead- based p ' t disclosure and notification,and is aware of his/her responsibility to ensure.compliance: (h gent,has verbally.informed purchaser or lessee-purchaser of the possible presence of dangerous levels of lead W in paint,.plaster,putty or other structural materials and his or her obligation to.bring a propertyinto compliance with the Massachusetts-Lead Law—either throughfull deleading.or interim control.—if it was built before 1978 and a child under six years old resides or will reside in the property. Certification of,Accuracy The following parties have reviewed the information above and certify,to the best of.their knowledge,that the information they have provided is true,,Ad accurate. 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