Northampton LAND FY20 Project Agreement
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DIVISION OF CONSERVATION SERVICES
Local Acquisitions for Natural Diversity (LAND) PROGRAM
PROJECT AGREEMENT
Made this ____________ day of __________________, 20 , between the City of
Northampton with an address of 210 Main Street, Northampton, MA 01060, hereinafter
referred to as the PARTICIPANT, and the Commonwealth of Massachusetts acting by
and through the Secretary of the Executive Office of Energy and Environmental Affairs,
hereinafter referred to as the COMMONWEALTH, with an address of 100 Cambridge
St., Suite 900, Boston, MA, 02114.
Premises: Approximately 105+/- acres of land including any buildings thereon
located on Old Wilson Road with Assessors Map 44-014, 44-114, in the City of
Northampton, Hampshire County, Massachusetts. For Participant’s Title, see;
Book /Page_________________________________________ or
Land Court Certificate ______________________________.
In the Hampshire County Registry of Deeds / Land Court Registry District
WHEREAS, the PARTICIPANT has established a Conservation Commission under
Massachusetts General Laws Chapter 40, § 8C and has made application to the
COMMONWEALTH for assistance under the Massachusetts Local Acquisitions for
Natural Diversity Program (LAND) pursuant to Massachusetts General Laws Chapter
132A, § 11, as amended, for a project briefly described as follows: Northampton LAND
#24: This project shall consist of the acquisition in fee simple of 105+ acres known as
the Rocky Hill Greenway: Nashawannuck Riparian Restoration project, for
permanent conservation and public passive recreation purposes, by the City of
Northampton, hereinafter referred to as the PROJECT.
WHEREAS, the COMMONWEALTH has reviewed said application and found the
PROJECT to be in conformance with the purposes of Massachusetts General Laws
Chapter 132A, § 11, as amended, and the LAND Program policies and regulation, 301
CMR 5.00.
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WHEREAS, the COMMONWEALTH has approved said application and has obligated
certain funds in the amount of four hundred thousand dollars ($400,000), which funds
are authorized and subject to 2008 Massachusetts Acts and Resolves, Chapter 312 and
2014 Massachusetts Acts and Resolves, Chapter 286.
WITNESSETH:
1. The COMMONWEALTH and the PARTICIPANT mutually agree to perform
the terms and conditions of this Agreement in accordance with the Massachusetts
LAND Program, its policies and applicable statutes and regulations, including
301 CMR 5.00, Massachusetts General Laws Chapter 132A, § 11, as amended,
Massachusetts General Laws Chapter 40, Section 8C, the 2008 Massachusetts
Acts and Resolves , Chapter 312, §2A Account 2000-7013 and 201
Massachusetts Acts and Resolves, Chapter 286, §2, 2000-7066: local acquisitions
for natural diversity (LAND) grant program.
2. The PARTICIPANT agrees to perform the PROJECT described above by
authorizing its CONSERVATION COMMISSION to manage, maintain, and
operate the PROJECT in accordance with the terms, conditions and obligations
contained in the PARTICIPANT’S application(s), as approved, including any
promises, conditions, plans, specifications, estimates, procedures, project
proposals, maps, and assurances made a part thereof, and the PARTICIPANT’S
award letter, and furthermore, in accordance with any special terms and
conditions attached to and incorporated in this Agreement. No significant
deviations from the PROJECT shall be undertaken without advance approval by
the COMMONWEALTH.
3. The PARTICIPANT agrees that the facilities of the PROJECT shall be open to
the general public and shall not be limited to residents of the PARTICIPANT.
The PARTICIPANT shall prominently display on the PROJECT a sign,
designated by the COMMONWEALTH, which sets forth the terms of public
access and indicates that the PROJECT received LAND funds.
4. The PARTICIPANT hereby covenants and agrees that the Project, including the
property and any and all associated facilities and improvements, shall be devoted
to conservation and passive recreation purposes in perpetuity, within the meaning
of Article 97 of the Commonwealth’s Declaration of Rights, and shall not be
used for other purposes or otherwise disposed of except in accordance with the
provisions of said Article 97. The PARTICIPANT hereby agrees that any
property or facilities comprising the PROJECT will not be used for purposes
other than those stipulated herein or otherwise disposed of unless the
PARTICIPANT receives the appropriate authorization from the General Court,
and the approval of the Secretary of Energy & Environmental Affairs.
5. The PARTICIPANT acknowledges that in the event that the PROJECT ceases to
be used, either in whole or in part, for the purposes stated herein, all interest in
the property shall revert to the Commonwealth, unless the Secretary demands
specific performance of the grant contract, or determines, according to the
process described in CMR 301 5.09, that replacement of the PROJECT as
described in section 6 below is more appropriate.
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6. The PARTICIPANT further agrees that, in the event the property or facilities
comprised by the PROJECT are used for purposes other than those described
herein, the PARTICIPANT shall provide other property and facilities of at least
equal value and utility to be available to the general public for conservation and
passive recreational purposes, under the care and control of its Conservation
Commission, provided that the equal value and utility and the proposed use of
said other property and facilities is specifically agreed to by the Secretary of
Energy & Environmental Affairs.
7. Failure by the PARTICIPANT to comply with the terms and conditions of this
Agreement or the policies or regulation of the LAND Program may, at the sole
option of the COMMONWEALTH, suspend or terminate all obligations of the
COMMONWEALTH hereunder.
8. PARTICIPANT and COMMONWEALTH acknowledge that the benefit desired
by the COMMONWEALTH from the full compliance by the PARTICIPANT is
the existence, protection, and the net increase of conservation land, and
furthermore that such benefit exceeds to an immeasurable and unascertainable
extent the dollar value of the funding provided by this Agreement. The
PARTICIPANT agrees that payment of money damages by the PARTICIPANT
to the COMMONWEALTH would be an inadequate remedy for a breach of this
Agreement by the PARTICIPANT, and, therefore, the COMMONWEALTH
may enforce the terms and conditions of this Agreement by requiring specific
performance of the PARTICIPANT'S obligations.
9. The PARTICIPANT agrees to record a copy of this agreement at the appropriate
Registry of Deeds or Land Court Registry District and to provide proof of such
recording to the COMMONWEALTH. Said proof of recording of this Project
Agreement shall include evidence that the Project Agreement has been
marginally noted on or permanently referenced to any prior deed, restriction,
conveyance or other instrument affecting the Project area. Failure to do so shall
not impair the validity or enforcement of this agreement.
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COMMONWEALTH OF MASSACHUSETTS PARTICIPANT
BY BY____________________________________
Kathleen A. Theoharides, Secretary Chief Executive Officer
Or Designee City of Northampton
Executive Office of Energy and
Environmental Affairs
DATE: ____________________________________ DATE: ________________________________
BY Conservation Commission
City of Northampton
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
DATE: ________________________________
Attach hereto evidence of authority to execute this contract on behalf of the City of Northampton. In the
case of a municipality, a certified copy of the vote or votes of the governing body authorizing the Rocky
Hill Greenway: Nashawannuck Riparian Restoration project, appropriating municipal funds therefor,
and authorizing execution of this Project Agreement by the Officer, Board, or Commission whose
signature(s) appears above.
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COMMONWEALTH OF MASSACHUSETTS
County, ss:
On this ______ day of ___________________, 20___ before me, the undersigned notary public,
personally appeared _____________________________________ proved to me through
satisfactory evidence of identification which was personal knowledge to be the person whose
name is signed on the processing or attached document, and acknowledged to me that he signed
it voluntarily for its stated purpose
____________________________________________
Notary Public
My Commission Expires: