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Grow Food Northampton application Grow Food Northampton CPA Grant Request Narrative: Grow Food Northampton (GFN) requests $100,000 toward the design and creation of the Florence Organic Community Garden and Agricultural Education Site (FOCG) on the 17-acre parcel of farmland located at the corner of Meadow and Spring Streets in Florence, MA (identified as Parcel C on the attached map). This land is currently restricted farmland under the Agricultural Preservation Restriction (APR) program, and will soon be owned by GFN as part of the larger Northampton Community Farm. The17-acre parcel will to be leased by the City of Northampton for 198 years and managed by GFN as the FOCG. The FOCG will be developed in phases over four years (contingent upon funding and subject to approval by the APR program, and relevant City of Northampton boards)--with the first garden plots available for lease by spring 2012. When fully developed the FOCG will 1) provide recreational benefit and fresh food annually to hundreds of community gardeners—including low-income residents and those with special needs, 2) will serve thousands of others, including school groups, by hosting gardening workshops and community celebrations, 3) will enhance the wildlife habitat value of the site, including the riverfront buffer zone, and 4) will raise community appreciation for the historic significance of the site through historic walking tours and educational signage. What Community Preservation criteria – both general and program-area specific – does this project meet? I. General Criteria Serves more than one CPA program area- -Once developed, this project will provide seven acres of space for community members to enjoy gardening (recreation), enhance the habitat value of the floodplain (open space) and honor the site’s unique history through signage and walking tours as well as by continuing a legacy of community food production, and social justice (historic preservation). Contributes to the preservation of Northampton’s unique character, boosts the vitality of the community, and enhances the quality of life for its residents— The Northampton Community Farm, of which the FOCG is an integral part, is a project that has captured the imagination of our community. As evidenced by the 1300 local contributions totaling nearly $600,000 that GFN received to buy the Bean & Allard farmland, clearly many residents believe that this project will enhance the health and vibrancy of our community. Proud of our agricultural heritage and deeply committed to healthy living and a sustainable future, Northampton residents see this as precisely the kind of project they want developed—fertile land for citizens to grow fresh, organic food, a place to exchange lessons & resources on sustainable agriculture, and an opportunity to build community bonds. Grow Food Northampton CPA Grant Request Addresses recommendations contained in comprehensive plans that have received broad- based scrutiny and input and can demonstrate wide community support-- Sustainable Northampton Plan: “Continue to increase the amount of public open space for community gardens, (where the soils and microclimate are appropriate for gardening) to eliminate waiting list for community garden plots.” Open Space, Recreation, and Mixed Use Trail Plan 2011-2017: “There is strong and partially unmet demand for community gardens, which are a great way to grow food locally while getting residents back in touch with the land and their food. The City should expand community garden opportunities”. “Current community gardens: Heavily used community garden. Site does not have rich agricultural soils, but soils have been worked as gardens for many years….Although most gardeners who request plots can be accommodated, the best plots go very quickly. “ “The Bean/Allard or Grow Food Northampton APR will be privately owned by Grow Food Northampton. The city will be leasing 17 acres for a Florence Community Gardens.” Serves under-served populations— As our mission states, Grow Food Northampton is dedicated to promoting food security by advancing sustainable agriculture in the Northampton area, and a primary goal is to “Make nutritious, locally grown food more available to area residents, especially our most vulnerable populations.” To that end, we are committed to subsidizing at least 10% of community garden plots for low-income individuals, and supporting these gardeners through a peer mentor program and subsidized educational workshops. To identify under-served populations who may wish to utilize the FOCG, GFN will reach out to local social service agencies such as ServiceNet, Casa Latina, and the Northampton Survival Center. Additionally, GFN is committed to providing at least one raised garden bed for handicap access. Places high value on sustainable, ecologically responsible, energy-conserving structures, locations, and materials; demonstrates that the project minimizes the ecological footprint— With the expert guidance of the Regenerative Design Group, of Greenfield, MA, GFN intends to design a community garden and agricultural education site that will be a regional model for sustainable urban food systems. Founded upon principles of permaculture (an ecological, holistic and sustainable design system that mimics relationships found in natural ecologies), the site will include cutting-edge educational and demonstration areas Grow Food Northampton CPA Grant Request (e.g. forest gardening, biochar, composting, and coppice planting), heirloom fruit and nut orchards, bioswales for storm water management, and hedgerows of edible indigenous plantings to provide beauty, wind buffering, soil protection, habitat, and nutritional benefit. A beautiful, solar-powered barn is planned for community workshops, tool storage, sales, value- added food production, and community gatherings. Receives endorsement by community groups, municipal boards and/or departments —In addition to the letters of support included in this application, GFN is scheduled to go before the Recreation, Agricultural, and Conservation Commissions for support of this application. Leverages additional public and/or private funds, or demonstrates that other funding sources are not readily available or sufficient— GFN fully intends to leverage aggressively an award of CPA funds in order to complete this project. Having already secured approximately $30,000 in pro bono design work from the highly respected Regenerative Design Group and award-winning architect Aaron Helfand, and a $1000 matching grant to remineralize the soil, GFN requests CPA funding that will allow us to complete the highest priority work of Phases I –III (see budget for details). However, we ask for the flexibility to use a CPA award toward additional Phase III and IV work if money comes forward from other sources for early-phase work. Below is a list of other sources we will pursue to complete this project.  Cooley Dickinson Hospital Healthy Communities Program  Xeric Foundation (grant request submitted)  Solidago Foundation  1772 Foundation (LOI submitted)  Ben & Jerry’s Foundation  Community Foundation of Western Massachusetts  Greenleaf Foundation  New England Grassroots Environmental Fund  Big Y  Stop & Shop  Edy’s Ice Cream  Stonyfield Farm  Local banks such as the Northampton Cooperative Bank, PeoplesBank, and TD Bank Additionally, because GFN arose as a grassroots citizen organization, we expect hundreds if not thousands of hours of in-kind volunteer support from GFN members and interns. In addition we will pursue Americorps volunteers and Hampshire County Jail inmates fulfilling community service hours. Our current volunteer corps is over one hundred people strong, with individuals coming forward daily offering to help further our work. Can be implemented expeditiously and within budget — The proposed phased approach to this project allows GFN to complete essential work (Phases I &II) by late 2012, with the remaining, more elective work having a more flexible end-time, depending on funding. Grow Food Northampton CPA Grant Request Given the early stage of Master Planning we are now in, and the permission we will need to seek from various agencies before design is finalized, (the APR Program, and the Recreation & Conservation Commissions), the budget submitted at the time of this application deadline is highly preliminary. GFN requests permission to offer an updated budget by the time of our site visit on March 12. However, please be advised that budget revisions will continue until the final Master Plan is approved in May or June 2011. II. Recreation Criteria Serves a significant number of residents— The unique location of the FOCG (in the geographic center of Northampton, and across from the future municipal sports complex known as Florence Fields), means large numbers of people are likely to experience the benefits of the site. The FOCG will provide recreational benefit to up to 1000 community gardeners--assuming 1-3 gardeners per plot--including low-income residents and seniors who will receive plot fee subsidies, and those with special needs. Plot lease fees will be affordable to all (likely to be $25/year per 20’x20’ plot in 2012) and will not depart significantly from the fee rates at the current Northampton Community Garden. Additionally, the agricultural programming offered on the site and the food produced there will serve 1000s of residents, including school children, community groups, people enjoying the recreation fields across the street, and users of local emergency food services. Expands the range of recreational opportunities available to Northampton residents of all ages— Not only will the FOCG increase available community garden plots in the City, but it will offer a new sort of recreational opportunity—self-guided garden, conservation, and historic walking tours, and active agricultural, historic and conservation educational programming as well. In addition, because gardening is an especially desirable form of recreation among aging populations, the FOCG helps to round out the more traditional recreational opportunities available to younger residents. Enhances the appreciation of the natural world and its conservation —The FOCG will be designed as a model sustainable gardening site that both meets community health and recreation needs and forwards conservation goals such as improved floodplain habitat, increased riverfront buffer zones, and better soil health. By designing this as a showpiece of permaculture design, the site will 1) substantially improve the size and quality of the wetland and riverfront buffer zone by introducing no-till agriculture and permanent native plantings in this area, and 2) create a dense native, edible hedgerow along the north edge of the parcel that will provide habitat and wind protection to the prime soils and gardens on the site. We hope to offer signage on the site about the benefits of permaculture design, so citizens can take these principles back to their own yards and gardens. Grow Food Northampton CPA Grant Request Contributes to the positive health status of its citizens— By providing opportunities for residents to recreate, build community bonds, share skills, and access fresh, organic food—this project contributes on many fronts to the positive health status of Northampton citizens. III. Open Space Criteria Permanently protects important, unique or threatened plants, animals, habitat or corridors, including areas that are of significance for biodiversity-- Using the US Fish and Wildlife Service's (FWS) online mapping tools, we have identified three threatened or endangered species that may be present on the land: Dwarf wedgemussel (Alasmidonta heterodon), Listing Status: Endangered Puritan tiger beetle (Cicindela puritana), Listing Status: Threatened Small Whorled pogonia (Isotria medeoloides), Listing Status: Threatened Additionally, it appears that there are about 20 "species of concern" listed by the state of Massachusetts in the Mill River Watershed. Therefore, GFN will seek advice from FWS ecological staff on recommended site enhancements (e.g. planting strategies, invasive species management, etc.) for the species of concern, as well as partner with Northampton’s Conservation Planner, Sarah LaValley, and the Conservation Commission to enrich the habitat value of the FCOG site. Preserves Northampton’s rural and agricultural character, scenic views and community character defining views— As part of the larger permanently-protected Northampton Community Farm, the FOCG preserves the centuries-long agricultural traditions and landscape of this portion of the Mill River floodplains. GFN will work to balance the preservation of scenic vistas with the desire of some members of the public to have visual buffering of the new community gardens since these gardens will understandably look different from the monoculture farming of recent years. Any structures we erect on the site will be required to have direct agricultural function. Furthermore, it is GFN’s strong commitment to build structures that complement the architecture of the historic Ross Homestead at 123 Meadow St., located directly across the street. Provides opportunities for passive recreation and environmental education— The FOCG will provide community garden plots, walking paths past demonstration beds and interpretive signage, and educational workshops on gardening and permaculture design and practices. Provides connections with existing non-motorized multi-use trails— We strongly support the City’s proposed creation of bike lanes along Meadow St. to transport residents to the FOCG and Florence Fields by bicycle rather than car. Further, we look forward to the creation of a walking trail through the newly acquired Mill River Greenway, and are open to discussion about extending this trail through the FOCG site as well. Grow Food Northampton CPA Grant Request Preserves valuable surface water resources, including rivers, streams, lakes, ponds, wetlands, buffer zones, vernal pools and riparian zones— As stated earlier, GFN looks forward to increasing and enriching the riverfront protection zone along the eastern edge of the future FOCG, and working with the City’s Conservation Planner and Conservation Commission to apply permaculture design principles to this zone to further both no-till agriculture and ecological value. Community garden plots will be situated away from the Mill River, toward the west side of the parcel. The Regenerative Design Group intends to design bioswales and rain gardens, and select appropriate plantings at the FOCG in order to manage storm water and protect soil from run-off. Provides valuable open space opportunities in urban neighborhoods— The FOCG is a short distance from downtown Florence, affording in-town residents a unique opportunity to get their hands dirty. Protects farmland and rich agricultural soils— The soil of this site is Winooski silt loam--a USDA classified prime agricultural soil. The future FOCG is part of the 120-acre APR-protected farmland soon to be owned by Grow Food Northampton. Per the APR program, the land must be under active agriculture. The APR program has given preliminary approval to the development of seven acres of the FOCG for community garden plots. IV. Historic Criteria Protects, preserves, enhances, restores and/or rehabilitates properties, features or resources of historical significance— As far as historic records go back in Northampton, this fertile land has always been used for farming. Furthermore, because Native American farming artifacts have been found throughout the floodplains of the Connecticut River and its tributaries, we have reason to suspect that Native American populations also farmed this land. As Steve Strimer (of the David Ruggles Center on Early Florence History) researched and documented in fall 2009, this land was once owned and farmed by the fiercely egalitarian utopian society, Northampton Association of Education and Industry, whose members included freed-slaves and abolitionists Sojourner Truth and David Ruggles. Therefore, with a plan for active community gardens at the FOCG, we continue a centuries-long tradition of agriculture on this property. Includes a focus on the historical function of a property or site— By continuing to farm the site, by offering historic walking tours (guided and self-guided), and by safeguarding the land as a public resource for all citizens—including our most needy—we honor and preserve the historic legacy of the land. Grow Food Northampton CPA Grant Request Demonstrates eligibility for a local, State or National Historic Register listing, and support of the local Historic Commission— It is GFN’s longer-term intention to place the Northampton Community Farm (of which the FOCG is part) on the National Historic Register. Preliminary investigations into eligibility criteria by Mr. Strimer indicate this property would qualify. Provides assurance of the ability to maintain the historic resource over the long term. The historic function of this property is farming. Because a permanent APR has been placed on the property, active farming is guaranteed to continue. What specific guarantees will assure the long-term preservation of the project? The site of the future FOCG, as part of the larger Northampton Community Farm, is permanently protected APR farmland. Furthermore, the site will be guaranteed through a 198- year lease between Grow Food Northampton (lessor) and the City of Northampton (lessee) to be used for community gardens and other agricultural purposes that demonstrate high public benefit. How will the success of this project be measured? Success of this project will be measured by numbers of Northampton residents served by leasing community garden plots, or visiting the site to enjoy demonstration gardens, historic walking tours, agricultural celebrations, walks along the riverfront, or educational workshops. Is ongoing maintenance and upkeep required? If yes, please explain how this will be accomplished. Yes, GFN will ensure ongoing maintenance of the site. As is the case at the current Northampton Community Garden, plot lease fees will finance upkeep and repair, plot users will be required to provide a minimum volunteer work hours per year, and a Community Garden Governing Committee will, over time, become the main managers of the site. GFN will support the Governing Committee, provide administrative and programming support, and help fundraise to make capital improvements. Project Budget: Given the early stage of Master Planning we are now in, and the permission we will need to seek from various agencies before design is finalized, (the APR Program, and the Recreation & Conservation Commissions), the attached budget submitted at highly preliminary the time of this application deadline is and not based on actual bids for work, but on web-based research and gross estimations by the Regenerative Design Group and Architect Aaron Helfand. GFN requests permission to provide an updated budget at the time of our site visit on March 12. Additionally, please be advised that budget revisions will continue until the Master Planning is complete and approved in May or June 2011. Once Master Planning is complete, GFN will seek competitive bids to execute design. Grow Food Northampton CPA Grant Request Multi-Year Funding and Project Timeline: The design and creation of the FOCG will take place approximately over four years, with many community garden plots available for lease in the 2012 growing season. Approximate timeline (see attached budget for additional details): Planning (January – June 2011) January–May: Master planning—to include thorough site analysis to assess all relevant natural, human and regulatory factors that might influence the physical form and/or programs of the FOCG. This assessment of existing conditions and previously prepared planning documents will then be synthesized into design concepts for the site that address the project’s goals. May/June: Master Plan feedback and approval from Recreation & Conservation Commissions, and Massachusetts Department of Agricultural Resources, APR Program. The final Master Plan will include graphic maps and plans that illustrate the Garden’s physical features and layout, recommendation for the programmatic elements to occur on the site as related to the site layout, and a phased schedule of the FOCG implementation. Phase I —Summer & Fall, 2011. Site preparation for community garden use. Primary steps will include providing water and major access point(s) to the site, fine grading, bioswale creation, and soil improvement through cover cropping and remineralization. Through survey and staking, GFN will lay out the FOCG’s key elements such as circulation routes, plots, paths, and central gathering space. Phase II —2012. This phase will focus on getting initial garden plots established and leased by gardeners, with basic parking, tools, storage, signage and compost available. Other activities will include riverfront invasive species management, and edible perennial plantings of hedgerow and bioswales. Parking and a rudimentary road may be further developed in this phase. Garden plots will continue to be expanded during Phase II shaped in part by complementary elements such as “compost corridors”. Phase III —2013. Additional garden plots will be readied. Most perennial plantings will be completed in this phase, including fruit & nut orchards, and reforestation of the 200-foot buffer zone. Educational and special needs garden areas will be completed. More advanced design features will begin to be created such as vining arbors and community barn. Other features that enhance enjoyment and educational value will be added—picnic tables, benches, and permanent educational signage. Phase IV —2014. Completion of project, including creation of plots beyond the seven acres of community gardens, construction of barn, greenhouse, biochar oven, and permanent signage. During each phase, GFN will look for opportunities to build community bonds and offer training by accompanying actual project creation with hands-on workshops and barn-raising- style events. GFN will work hard to adhere to this timeline. We acknowledge, however, that some factors (e.g. permitting & approval by various agencies, weather, availability of materials, funding disbursement of other grantors, etc) may delay our projected timeline and/or make some features of the project unattainable. Grow Food Northampton CPA Grant Request In most cases of contracted work, GFN will request partial upfront CPA funding to secure and commence such work, with the balance requested upon demonstration of the job’s completion. Feasibility: Design and creation of the FCOG is contingent upon approval by the following agencies:  Massachusetts Department of Agricultural Resources, APR Program  Northampton Recreation Commission  Northampton Conservation Commission—in its jurisdiction over the wetlands buffer zone  Department and/or Board of Public Works—installation of water system Furthermore, construction of any permanent structures on the site will require permitting and approval by:  Massachusetts Department of Agricultural Resources with an issuance of Certificate of Approval recorded at the Registry of Deeds  Northampton Building Inspector  Northampton Conservation Commission in as much as it impacts floodplain zone  Northampton Recreation Commission In January 2011, GFN representatives had a positive FOCG kick-off meeting with City Planner Wayne Feiden, Conservation Planner Sarah LaValley, & Recreation Department Director Ann Marie Moggio, suggesting a municipal commitment to work collaboratively with GFN to move this project forward. Furthermore, an initial assessment by the state’s APR program director for this region, Barbara Hopson, indicates that our general plan for seven acres of community gardens on this parcel is allowable under the APR program. Identification of third party APR holder: Massachusetts Department of Agricultural Resources APR Program. Contact: Barbara Hopson, Barbara.Hopson@state.ma.us, 413-548-1906. Affected land: Meadow Street, Florence AGRICULTURAL GROUND LEASE THIS LEASE AGREEMENT is made and entered into on this ___ day of February, 2011, by and between Grow Food Northampton, Inc., a not-for-profit corporation organized and existing under the laws of the Commonwealth of Massachusetts, with a mailing address of Post Office Box 849, Northampton, Massachusetts 01061 (“GFN”), and the City of Northampton acting by and through its Recreation Commission (the “City”). RECITALS WHEREAS, GFN is a not-for-profit corporation organized exclusively for charitable purposes, including the promotion of food security by advancing sustainable agriculture in Northampton, Massachusetts through the acquisition and preservation of agricultural land; the stewardship of land for community farms; the production and promotion of local food; the support of sustainable agricultural; the provision of agricultural education; and the strengthening of community bonds; and WHEREAS, it is a goal of GFN, in carrying out the foregoing purposes, to ensure that agricultural land be preserved as part of the food system; that access to such agricultural land be kept affordable for farmers and community members who are able and willing to carry out GFN’s purposes; and to increase access by low-income individuals and families to fresh, high- quality, locally grown food; and WHEREAS, the premises described in this Lease Agreement have been acquired by GFN and are being leased by GFN to the City in furtherance of GFN’s charitable purposes; and WHEREAS, the City shares the purposes and goals of GFN, and has agreed to enter into this Lease Agreement not only to obtain those benefits to which the City is entitled hereunder, but also to further the charitable purposes of GFN with regard to the leased premises; and WHEREAS, it is a goal of the City to use the leased premises to increase the availability of affordable community garden space; provide for other farming uses that support community education and provide public benefits beyond those typically available from farmland; preserve and provide access to the Mill River; and operate the leased premises in a manner that respects neighboring uses and minimizes traffic in the City of Northampton; and WHEREAS, the Recreation Commission is the primary government entity in Northampton coordinating community focused community gardens and shall be the primary contact for this Lease; and WHEREAS, the Conservation Commission is the primary government entity in Northampton coordinating the Mill River Greenway and shall be the contact for matters of public access to and along the Mill River; and WHEREAS, on March 4, 2010, City Council passed an order authorizing the Conservation Commission and the Recreation Commission to purchase interests in land at the Bean/Allard Farm, which provides, along with other authorities, the right to purchase this 198 year lease; and WHEREAS, the parties intend that GFN shall manage the leased premises in such a manner as to further the City’s above goals, until such time as GFN is no longer willing or, in the City’s estimation, able to carry out such management; and WHEREAS, the parties recognize and accept the special nature of the terms and conditions of this Lease Agreement, as set forth at Exhibit B hereto and elsewhere, and freely accept the said terms and conditions; and WHEREAS, the terms and conditions of this Lease Agreement further the parties’ shared goals over an extended period of time and through a succession of owners; NOW THEREFORE, in consideration of the foregoing recitals, of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 Page 2 of 27 DEMISE OF PREMISES 1.1 Description of Premises. GFN, in consideration of the rents reserved and the terms and conditions of this Lease, does hereby demise and leave unto the City, and the City does hereby take and hire from GFN, the property and any improvements now or hereinafter thereon described as Parcel C in a survey recorded at the Hampshire Registry of Deeds at Plan Book 224, Page 49 and further described as Parcel C in a deed to GFN recorded at Book ____, Page ____ (the “Premises”), subject to the Agricultural Preservation Restriction and the Agricultural Preservation Restriction Co-Holders Agreement recorded in the Hampshire Registry of Deeds at Book 10408, Page 259 and Page 289, respectively (collectively, the “APR”), and incorporated herein by reference. 1.2 Premises As Is. The City accepts title to the Premises in “as is” condition and “with all faults” existing as of the date of this Lease Agreement. The City represents that it has been afforded a full and fair opportunity to investigate the Premises, and is not relying upon any statement or representation by GFN, except as may be expressly set forth in this Lease Agreement. 1.3 Reservation of Mineral Rights. 1.3.1 GFN reserves to itself all of the oil, gas, coal and other minerals, including water, upon, in and under the Premises to the extent consistent with the APR. This reservation shall not diminish the right of the City under this Lease Agreement to occupy and freely use the Premises. Any extraction of minerals by the GFN shall be carried out with as little disruption to the City as is possible. On the completion of any such extraction, GFN shall return the surface of the Premises to its original state. In instances requiring any disruption of the City’s right of use and occupancy of the Premises, or extraction with any permanent environmental effects, GFN shall not make such extraction without the written consent of the City. 1.3.2 Notwithstanding the foregoing reservation of mineral rights, the City and any other person or entity which may be charged with managing the Premises under the terms of this Lease Agreement shall have the right to draw upon such quantity of water from the Premises as may be reasonably necessary to effectuate any of the purposes permitted under the terms of this Lease Agreement. 1.4 GFN Land Management. The parties contemplate that, during the Lease Term (as defined at Section 2.1, infra), GFN will manage the Premises on behalf of the City until such time as GFN is no longer willing or, in the City’s estimation, able to carry out such management. Such management shall be solely in accordance with the terms of this Lease Agreement, including without limitation (i) the provisions of Exhibit B hereto (“Requirements and Page 3 of 27 Restrictions”); and (ii) the provisions of Exhibit C hereto (“GFN Land Management Provisions”). The Requirements and Restrictions, and the Land Management Provisions, are incorporated herein by reference. ARTICLE 2 DURATION OF LEASE 2.1 Principal Term. The term of this Lease (the “Lease Term”) shall be 198 years, commencing on the 1st day of March, 2011, and terminating on the 28th day of February, 2209, unless terminated sooner or extended as provided below. 2.2 Change of Ownership; Right of First Refusal. In the event that ownership of the Premises, or any portion thereof, is conveyed or transferred for any reason by GFN to any other person or entity, this Lease Agreement shall remain in full force and effect; provided that, in the event GFN seeks to convey the Premises, or any portion thereof, to any person or entity other than a not-for-profit corporation, charitable trust, or similar entity sharing the charitable goals described in the Recitals above, the City shall have a right of first refusal to purchase the property in question. The City’s right of first refusal shall be as described in Exhibit A, attached hereto. Any sale or transfer contrary to the provisions of this Section 2.2 shall be null and void. ARTICLE 3 USE OF PREMISES 3.1 Permitted Uses. The Premises shall be used only for agriculture, community gardening, educational purposes, watershed and river preservation, public access to the Mill River, and such purposes as may be incidental to the foregoing uses. 3.2 Agriculture Defined. As used in this Lease Agreement, “agriculture” means (i) the raising of animals, including but not limited to dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, and bees, and the selling, in the regular course of business, of such animals or products derived from such animals; (ii) horticultural activities, including but not limited to the raising of fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, flowers, sod, trees, nursery, or greenhouse products, and ornamental plants and shrubs, and the sale of any of the foregoing horticultural products in the regular course of business; and (iii) the production of forest products for the purpose of selling such products in the regular course of business. 3.3 APR. No use of the Premises shall violate the terms and conditions of the APR. It is expressly understood that use of the Premises for the Community Garden Plots, as contemplated in this Lease Agreement, is not inconsistent with the APR, because the Community Page 4 of 27 Garden Plots will not make up a majority of the agricultural activities on the 121 acre APR. The parties represent that they have consulted with the Massachusetts Department of Agricultural Resources, which concurs with this view. 3.4 Requirements and Restrictions. The parties, and any other person or entity charged with managing the Premises under the terms of this Lease Agreement, shall at all times abide by the Requirements and Restrictions attached hereto as Exhibit B. 3.5 Consent for Other Uses. The City shall request and obtain GFN’s written consent for any use of the Premises that is inconsistent with the terms of this Lease Agreement. GFN shall grant or refuse any such request within thirty (30) days of GFN’s receipt thereof. If any proposed use of the Premises, having been approved by GFN, is such that it also requires the approval of the holder of the APR, the parties shall cooperate in seeking such approval through the process prescribed in the APR. 3.6 Responsible Use and Compliance With Law. The City shall use the Premises in a manner so as not to cause actual harm to others or create any nuisances, public or private; and shall dispose of any and all waste in a safe and sanitary manner and in compliance with all applicable laws and regulations. The City shall maintain the Premises in good, safe, and habitable condition in all respects, except for normal wear and tear, in full compliance with all applicable laws and regulations, and in such condition as is required to maintain the insurance coverage required by this Lease Agreement. 3.7 Responsibility for Others. Except when the Premises are under management of GFN, the City shall be responsible for the use of the Premises by all persons using the Premises with the City’s consent, and shall make all such persons aware of the spirit, intent and appropriate terms of this Lease Agreement. 3.8 Right of Inspection. GFN may inspect any portion of the Premises, at any reasonable time and in any reasonable manner. ARTICLE 4 GROUND LEASE FEE 4.1 Ground Lease Fee. In consideration of the possession, continued use and occupancy of the Premises, the City shall pay to GFN an annual ground lease fee (the “Ground Lease Fee”). The amount of the Ground Lease Fee shall be four hundred and seventy four and 75/100 dollars ($474.75) per annum. It is hereby agreed that, on or before the Commencement Date, the City shall pre-pay the entirety of the Ground Lease Fee for the duration of the lease term, totaling ninety four thousand dollars ($94,000.00), the receipt of which is hereby Page 5 of 27 acknowledged by Grow Food Northampton. The parties acknowledge that the Ground Lease Fee has been substantially discounted in consideration of such prepayment. It is expressly understood that, following the said pre-payment, the City shall have fully discharged its payment obligations under the terms of this Lease, and that no further payment shall be due from the City. ARTICLE 5 TAXES AND ASSESSMENTS 5.1 Taxes and Assessments. At all times under this Lease Agreement, GFN shall remain solely and exclusively responsible for the payment of all taxes and governmental assessments relating to the Premises, and the City shall have no responsibility for any such payment, even in the event that the local taxing authority bills the City for any such taxes or assessments. The City shall undertake to promptly forward any tax bills received to GFN upon receipt. However, the City’s failure to forward tax bills shall not negate GFN’s responsibility to pay any taxes, or any associated interest, or penalties. 5.2 Service and Utility Bills. Except when the Premises are under management of GFN, the City will pay or cause to be paid, when due, all service charges and utility bills charged against the Premises, provided that such service charges or utility bills relate to services or utilities requested or acceded to by the City. When the Premises are under management of GFN, GFN shall pay directly, when due, all service charges and utility bills charged against the Premises. 5.3 Right to Contest Amount of Validity of Taxes. Nothing in this Lease Agreement shall limit any right of GFN to contest the amount or validity of any taxes relating to the Premises, to the extent and in such manner as may be permitted under applicable laws and regulations. No agency or department of the City, except for the local taxing authority, shall take any position with respect to matters of valuation. GFN shall be solely responsible for any costs and expenses associated with such proceedings. ARTICLE 6 OWNERSHIP RIGHTS 6.1 Exclusive Rights to Premises. Except when the Premises are under management of GFN, the City will have exclusive possession, during the Lease Term, of the Premises, including without limitation the land, buildings, structures, fences, orchards, perennial horticultural plantings, any other improvements, and any fixtures attached to any improvements, at the time of the execution of this Lease or constructed by the City during the term of this Lease. The City will not sever or remove any improvements from the Premises. Page 6 of 27 6.2 Alteration of Improvements. Subject to Section 6.4 below, except when the Premises are under management of GFN, the City shall have the right to alter or expand improvements on the Premises consistent with the agricultural or educational uses contemplated under the terms of this Lease Agreement, and provided that such alteration or expansion is permitted by all applicable laws and regulations, and by the APR. 6.3 Development of New Permanent Structures. Buildings or other permanent structures not included in the improvements existing as of the date of this Lease Agreement may be developed, subject to Section 6.4 below, and provided that said development is in compliance with all applicable laws and regulations, is permitted by the APR, and comports with the agricultural or educational uses contemplated under the terms of this Lease Agreement. Specific uses for which such structures may be developed are limited to (i) storage; (ii) shelter for animals, (iii) growing of plants; (iv) value-added processing of farm-raised products; (v) retail sale of farm-produced products; (vi) educational activities; and (vii) activities determined by the City as benefiting the local community. Except when the Premises are under management of GFN, the City shall assume all permitting costs associated with any such development. When the Premises are under management of GFN, the GFN shall assume all permitting costs associated with any such development. 6.4 GGN Approval Required. The City shall obtain the written consent of GFN (such consent not to be unreasonably withheld) for the siting and construction of new permanent buildings of any kind, and for any modification of existing permanent buildings that expands or alters the exterior of such buildings. The City shall also obtain the written consent of GFN (such consent not to be unreasonably withheld) for the siting, development, alteration, occupancy and use of improvements undertaken to facilitate any uses other than those specifically contemplated under the terms of this Lease Agreement. If any proposed development or alteration of improvements, having been consented to by GFN, is such as also requires the approval of the holder of the APR, the parties shall cooperate in seeking such approval through the process prescribed in the APR. Neither party shall seek such approval without the knowledge and consent of the other. 6.5 Quality of Improvements. All construction and other work permitted by this Lease Agreement shall be carried out in a good and workmanlike manner and in compliance with all applicable laws, regulations, building codes, orders and requirements of all public authorities (“Legal Requirements”) and all commercially reasonable requirements of insurers of the Leased Premises (“Insurance Requirements”). GFN may inspect the City’s work at reasonable times and shall promptly give notice of observed defects. Except when the Premises are under management of GFN, the parties agree that the City shall be solely responsible for obtaining any necessary approval or otherwise satisfying any Legal Requirements or Insurance Requirements. When the Premises are under management of GFN, the parties agree that the GFN shall be solely Page 7 of 27 responsible for obtaining any necessary approval or otherwise satisfying any Legal Requirements or Insurance Requirements. 6.6 Prohibition of Liens. No lien of any type shall attach to GFN’s title to the Land or to GFN’s interest in the Premises or to any other property owned by GFN. The City shall not take any action which causes or permits any statutory or similar lien to be filed against the Premises or any interest of GFN which remains more than sixty (60) days after it has been filed. The City shall cause any such lien to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or as otherwise permitted by law. If the City fails to cause such lien to be discharged within the sixty (60) day period, then, in addition to any other right or remedy, GFN may, but shall not be obligated to, discharge the lien by paying the amount in question. The City may, at the City’s expense, contest the validity of any such asserted lien. Any amounts paid by GFN to discharge any such lien shall be deemed to be an additional Ground Lease Fee payable by the City within sixty (60) days of GFN’s presentation a written demand for reimbursement. Any costs the City incurs in contesting the validity of any lien, including any costs contesting or paying property and other taxes, which was caused by GFN action or inaction shall be deemed to be a GFN expense, and shall be reimbursed to the City within sixty (60) days of the City’s presentation of a written demand for reimbursement. This clause shall be restricted to the City in its proprietary capacity as the Leaseholder and shall not apply to the general government operations of the City. 6.7 Maintenance and Services. Except when the Premises are under management of GFN, the City shall maintain the Premises at the City’s sole expense, and the City shall be solely responsible for furnishing or obtaining any necessary services or utilities, such as heat, electricity, air conditioning or water, and for making any repairs on the Premises. 6.8 Disposition of Premises Upon Expiration of Lease Term. Upon expiration of the Lease Term, the City shall surrender the Premises to GFN. The exclusive right to possess the Premises and any buildings on the Premises shall thereupon revert to GFN. Notwithstanding the the foregoing, the City may remove from the Premises, prior to the expiration of the Lease Term, any property of the City that is not permanently installed on the Premises and does not constitute an improvement. ARTICLE 7 FINANCING 7.1 Permitted Mortgages. The parties agree that the City shall not have any mortgage or leasehold mortgage on the Premises, even mortgages that are junior to this Lease. Page 8 of 27 ARTICLE 8 LIABILITY, INSURANCE, DAMAGE AND DESTRUCTION, EMINENT DOMAIN 8.1 City’s Liability. Except when the Premises are under management of GFN, the City assumes sole responsibility and liability to all persons and authorities relating to the City’s possession, occupancy and use of the Premises. 8.2 Hold Harmless. Except when the Premises are under management of GFN, the City shall hold GFN harmless against all liability and claims of liability for injury or damage to person or property from any cause on or about the Premises, and shall waive all claims against GFN for such injury or damage. Notwithstanding the foregoing, GFN shall remain liable, and the City shall neither indemnify nor defend GFN against such liability, for any injury or damage due to negligence or willful misconduct of GFN or GFN’s agents or employees. 8.3 Reimbursement of Payments. Except when the Premises are under management of GFN, in the event that GFN shall be required to pay any sum that is the City’s responsibility or liability, the City shall promptly reimburse the GFN for such payment, and for reasonable expenses caused thereby. In the event that the City shall be required to pay any sum that is GFN’s responsibility or liability, GFN shall promptly reimburse the City for such payment and for reasonable expenses caused thereby. 8.4 Insurance. 8.4.1 The City reserves to right to insure any improvements it holds on the Premises but is under no obligation to provide or carry insurance against loss or damage by fire and the extended coverage hazards. Except when the Premises are under management of GFN, the City shall, if it carries liability insurance and at the City’s sole expense, maintain continuously in effect liability insurance covering the Premises and improvements in the amounts of not less than that which the City carries on all of its property and operations. Such insurance shall specifically insure City against all liability assumed under this Lease, as well as all liability imposed by law, and shall also insure GFN as an additional insured so as to create the same liability on the part of insurer as though separate policies had been written for GFN and the City. When the Premises are under management of GFN, GFN shall, at GFN’s sole expense, maintain continuously in effect liability insurance covering the Premises and improvements in the amounts of not less than that which the City carries on all of its property and operations. Such insurance shall specifically insure GFN against all liability assumed under this Lease, as well as all liability imposed by law, and shall also insure the City as an additional insured so as Page 9 of 27 to create the same liability on the part of insurer as though separate policies had been written for GFN and the City. 8.4.2 The City and GFN shall provide each other with copies of all insurance policies and renewals of insurance policies. All policies shall also contain endorsements providing that they shall not be cancelled, reduced in amount or coverage, or otherwise modified by the insurance carrier involved without at least thirty (30) days prior written notice to GFN and the City. 8.5 Restoration of Improvements Following Damage or Destruction. 8.5.1 Except when the Premises are under management of GFN, and except as provided in this Section 8.5, or in Section 8.6 below, in the event of fire or other damage to any improvements on the Premises that are owned by the City, the City shall have the option to either (i) take all steps necessary to restore the damaged improvements to their condition immediately prior to the damage, or (ii) remove the damaged improvements from the Premises. When the Premises are under management of GFN, GFN shall have the obligation in the event of fire or other damage to any improvements on the Premises that are owned by GFN to either (i) take all steps necessary to restore the damaged improvements to their condition immediately prior to the damage, or (ii) remove the damaged improvements from the Premises. All such restoration or removal shall be completed as promptly as possible, and the City and GFN, as applicable, shall also take any other steps reasonably necessary to ensure the safety of the Premises and that the damaged improvements do not constitute a danger to persons or property. 8.5.2 With respect to any insurance coverage obtained by the City, all insurance proceeds relating to fire or other casualty on the Premises shall be paid to the City, and GFN shall have no claim upon any portion of such proceeds. 8.6 Eminent Domain. 8.6.1 If, by reason of eminent domain or other action of public authority prior to the expiration of the Lease Term, the Premises are taken, either in their entirety or to such extent that, in the reasonable view of both GFN and the City, the remainder of the Premises will no longer serve the purposes of the City as contemplated in this Lease Agreement, this Lease Agreement shall terminate as of the date the City gives up possession of the Premises, and the entire amount of any award paid shall be allocated as follows: (a) The award shall initially be applied to cover any expenses of collecting the proceeds and commissioning the appraisal of the Premises described at subpart (b) of this Section 8.6.1. Page 10 of 27 (b) Any proceeds remaining shall then be paid to the City, up to the amount of the as-restricted agricultural value of the City’s leasehold interest for the remainder of the Lease Term. Such as-restricted agricultural value shall be determined by means of an appraisal to be performed by a licensed appraiser to be jointly selected by the parties. Funds paid to the City under this clause may be used only for community gardens and farmland preservation efforts. (c) The balance of such proceeds, if any, shall be paid to GFN. 8.6.2 If, by reason of eminent domain or other action of public authority prior to the expiration of the Lease Term, a portion of the Premises is taken which, in the reasonable view of both GFN and the City, does not reduce the value of the remainder of the Premises to an extent that such remaining Premises will no longer adequately serve the purposes of the City as set forth in this Lease Agreement, the parties shall confer in good faith with a view toward establishing a fair allocation of any award, based upon the relative amount of value taken from each party. 8.6.3 Any proceedings brought by a party as a result of any taking referred to in this Lease Agreement shall be conducted at the sole expense of such party. If any provision of law requires that such proceedings be brought in the name of the party who is not initiating such proceedings, the non-initiating party shall join in such proceedings, or permit such proceedings to be brought in its name. Each party agrees to do all acts and to execute all documents that may be required to enable the other to maintain such proceedings. If the non-initiating party incurs any expense relating to its participation in such proceedings, the non-initiating party shall be entitled to reasonable reimbursement of such expense, which shall constitute a first charge against any award resulting from the proceedings. ARTICLE 9 TRANSFER, SALE OR DISPOSITION OF RIGHTS 9.1 Consistent with the purposes set forth in this Lease Agreement, the City is purchasing the leasehold interest in the Premises for conservation and agricultural uses specifically including seven acres for the express purpose of creating a community gardens for passive recreation and the creation of a Mill River buffer including the Mill River and existing floodplain forest, subject to the Community Preservation Act and Article 97 of the Amendments to the Massachusetts Constitution. The City does not have the right to transfer, sublease, sell, or otherwise convey any of its rights under this Lease Agreement. Notwithstanding the foregoing, the City reserves the right to substitute the municipal agency responsible for managing the Premises, or to subcontract its management obligations in accordance with the terms and conditions of this Lease Agreement, including the Requirements and Restrictions. Page 11 of 27 ARTICLE 10 DEFAULT 10.1 Monetary Default. The City has prepaid all Ground Lease Fees and no monetary default is possible. 10.2 Other Default by City. 10.2.1 It shall be an event of default if the City fails to abide by any other material term or condition in this Lease, and such failure is not cured by the City within six (6) months following notice of such failure provided by GFN to the City. However, in the case where the City has undertaken to cure such default within such six month period and is continuing such cure with all due diligence, but cannot by the exercise of due diligence cure such default within such period, such period shall be extended for such additional period as may be reasonably required under the circumstances to complete such cure, but in any event, not longer than one year. 10.2.2 It shall be an event of default if the estate hereby created is taken on execution or by other process of law, or if the City is judicially declared bankrupt or insolvent according to law, or if any assignment is made of the property of the City for the benefit of creditors, or if a receiver, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of any substantial part of the City’s property by a court of competent jurisdiction, or if a petition is filed for the reorganization of the City under any provisions of the Bankruptcy Act now or hereafter enacted, or if the City files a petition for such reorganization, or for arrangements under any provision of the Bankruptcy Act now or hereafter enacted and providing a plan for a debtor to settle, satisfy or extend the time for payment of debts, unless the City or its Assignees are otherwise able to operate the Lease on the same terms as set forth herein. 10.4 Remedies. 10.4.1 In the case of any of the events of default described above, GFN shall have the following remedies therefor: (a) GFN may terminate this Lease and initiate summary proceedings against the City. Pursuant to such proceedings, without demand or notice, GFN may enter any part of the Premises and repossess the entire Premises, and expel the City and those claiming rights through the City and remove their effects without being guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for the preceding breach of covenant. If this Lease Agreement is terminated by GFN, or if GFN re-enters the Premises pursuant to an event of default, the City agrees to pay and be liable for any damages which may Page 12 of 27 be due or sustained prior to or in connection with such termination or re-entry, and all reasonable costs, fees and expenses (including, without limitation, reasonable attorneys’ fees) incurred by GFN in pursuit of its remedies under this Lease. (b) GFN may bring an action at law or in equity for money damages or equitable relief, including, without limitation, an action seeking to restrain by injunction any violation or attempted or threatened violation by the City of any of the covenants, conditions or provisions of this Lease or seeking specific performance of any such covenants, conditions or provisions; provided, however, that the foregoing shall not be construed as a confession of judgment by the City in any such action. 10.4.2 The foregoing remedies shall be cumulative and are not intended to be exclusive of any other remedies or means of redress that GFN may be lawfully entitled to seek, either at law or equity in case of any breach or threatened breach of any provision of this Lease. 10.5 Default by GFN. Except as expressly provided elsewhere in this Lease Agreement, GFN shall in no event be in default in the performance of any of its obligations under this Lease Agreement unless and until GFN has failed to perform such obligations within sixty (60) days, or such additional time as is reasonably required to correct any default, following notice by the City to GFN setting forth GFN’s failure to perform any such obligation. 10.6 Limitation on Liability. Except in the event and to the extent that GFN transfers, disposes of, or encumbers the Premises in violation of the terms of this Lease Agreement, the City shall neither assert nor seek to enforce any claim for breach of this Lease Agreement against any of GFN’s assets other than GFN’s interest in the Premises, and the City agrees to look solely to such interest for the satisfaction of any liability of GFN under this Lease Agreement, it being specifically agreed that neither GFN, nor any successor holder of GFN’s interest hereunder, nor GFN’s managing agent shall be personally liable for any such liability. This Section 10.6 shall not limit any right that the City might otherwise have to obtain injunctive relief against GFN or GFN’s successors-in-interest, or to take any other action otherwise permitted under this Lease Agreement which shall not involve the personal liability of GFN, or of any successor holder of GFN’s interest hereunder, or of GFN’s managing agent, to respond in monetary damages from GFN’s assets other than GFN’s interest in the Premises, as aforesaid. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Arbitration. In the event of any dispute between the parties arising under or relating to this Lease Agreement, the parties shall endeavor to resolve such dispute amicably and in good faith. In the event that the dispute cannot be resolved by means of such interaction, by Page 13 of 27 binding arbitration to be conducted before a tripartite arbitration panel to be convened at a mutually agreeable location. Northampton, Greenfield, and Springfield are hereby deemed to constitute mutually agreeable locations. Within fifteen (15) days of either party’s written notification to the other party of its intent to pursue arbitration, each party shall select a disinterested arbitrator having professional experience with the types of matters in dispute (e.g., agricultural and land conservation practices) and the two arbitrators thereby selected shall jointly select a similarly qualified third arbitrator. Each party shall bear the cost of its respective arbitrator, and the cost of the third arbitrator shall be borne equally by the parties. The parties shall bear their respective attorneys’ fees, if any. The arbitrators shall hold a hearing within sixty (60) days of the initial written notice of arbitration. During the hearing, the parties shall have the opportunity to present evidence and question witnesses. The substantive law of the Commonwealth of Massachusetts shall apply. Any resulting decision or award shall be in writing, shall provide reasonably detailed conclusions of law and fact, and shall be accompanied by a copy of any documents upon which such decision or award was based. Any award may be confirmed in a court of competent jurisdiction. 11.2 Notices. 11.2.1 Except as otherwise provides herein, whenever this Lease Agreement requires either party to give notice to the other, the notice shall be given in writing and delivered in person or mailed, by certified or registered mail, return receipt requested, or by nationally recognized overnight courier service, to the party at the address set forth below, or such other address designated by like written notice: If to GFN: Grow Food Northampton Post Office Box 849 Northampton, Massachusetts 01061 With a copy to: Mark NeJame, Esq. NeJame & Kling Law Offices 90 Conz Street Northampton, Massachusetts 01060 If to the City: Page 14 of 27 Northampton Recreation Department 90 Locust Street Northampton, Massachusetts 01060 With a copy to: Office of Planning and Development 210 Main Street, Room 11 Northampton, Massachusetts 01060 And a copy to: City Solicitor 210 Main Street Northampton, Massachusetts 01060 11.2.2 Except as otherwise provided in this Lease Agreement, all notices, demands and requests shall be effective upon being deposited in the United States Mail or with a nationally recognized overnight courier service, or, in the case of hand delivery, upon receipt. 11.3 No brokerage. The City warrants that the City has not dealt with any broker in connection with the consummation of this Lease Agreement. 11.4 Severability. If any part of this Lease Agreement is unenforceable or invalid, such material shall be read out of this Lease Agreement and shall not affect the validity of any other part of this Lease Agreement, or give rise to any cause of action of the City or GFN against the other, and the remainder of this Lease Agreement shall be valid and enforced to the fullest extent permitted by law. The parties agree that all terms in this Lease Agreement are valid and waive their rights to challenge any of the terms herein. 11.5 Duration. It is the intention of the parties that their respective options to purchase, rights of first refusal, and all other rights under this Lease Agreement shall continue in effect for the duration of the Lease Term and any renewal thereof, and such options and other rights shall be considered to be coupled with an interest. In the event any such option or right shall be construed to be subject to any rule of law limiting the duration of such option or right, the time period for the exercising of such option or right shall be construed to expire ninety-nine (99) years after the death of the last survivor of the following persons: The children born during 2010 at Cooley Dickinson Hospital in Northampton, Massachusetts. Page 15 of 27 11.6 Waiver. The waiver by either party at any given time of any term or condition of this Lease Agreement, or the failure of either party to take action with respect to any breach of any such term or condition, shall not be deemed to be a waiver of such term or condition with regard to any subsequent breach of such term or condition, or of any other term or condition of this Lease Agreement. The parties may waive the terms of this Lease Agreement, but such waivers shall be in writing and signed by party effectuating the waiver in order to be effective. 11.7 GFN Right to Prosecute or Defend. GFN shall have the right, but not the obligation, to prosecute or defend, in its own or the City’s name, any actions or proceedings appropriate to the protection of its title to, and the City’s interest in the Premises. Whenever requested by GFN, the City shall give GFN all reasonable aid in any such action or proceeding. 11.8 Headings Not Binding. The headings and subheadings appearing in this Lease Agreement are for convenience only, are not a part of this Lease Agreement, and do not in any way limit or amplify the terms or conditions hereof. 11.9 Parties Bound. This Lease Agreement, including the Exhibits hereto, sets forth the entire agreement between the parties. This Lease Agreement is binding upon and inures to the benefit of the parties and, in accordance with the provisions hereof, their respective successors in interest. This Lease Agreement, including without limitation the Requirements and Restrictions annexed hereto as Exhibit B, and the GFN Land Management Provisions annexed hereto as Exhibit C, may be amended only in a writing signed by each of GFN and the City, or their successors or assigns. 11.10 Counterparts. This Lease Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and such counterparts shall constitute but one and the same instrument. 11.11 Choice of Law. This Lease Agreement shall be interpreted in accordance with and governed by the laws of the State of Massachusetts. 11.12 Recording. The parties agree to record this Lease Agreement in the Hampshire Registry of Deeds prior to any mortgages or liens on the property. Pursuant to M.G.L. Chapter 62C, Section 49A, Grow Food Northampton certifies under the penalties of perjury that they have, to the best knowledge and belief, complied with the law of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. GFN further authorize the City of Northampton to deduct from the amounts due under this contract, any overdue taxes, real or personal, or any other fees due to the City of Northampton from the vendor which become due and payable by the vendor or its officers, directors or agents during the term of this contract or until the final amounts due under this contract are paid in full. Page 16 of 27 IN WITNESS WHEREOF, the parties have executed this Lease Agreement at __________ on the day and year first above written. Lessor: Grow Food Northampton (Taxpayer ID: 01-095-9428) ___________________________ By: ______________________________________ Witness Elizabeth Lombard, GFN Board President date I have reviewed this Lease Agreement and agree and covenant that the terms are valid. By:_____________________________________ Mark NeJame, GFN Counsel date COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. On this ___day of February, 2011, before me the undersigned notary public, personally appeared Elizabeth Lombard, and proved to me through satisfactory evidence of identification, which was personal knowledge of the signatory’s identity, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose on behalf of Grow Food Northampton, Inc. ______________________________ Notary Public: My Commission Expires: Certificate by Grow Food Northampton, Inc., Corporation to Sign Contract At a duly authorized meeting of the GFN Board of Directors, held on ________________2011, at which all the Directors were present or waived notice, it was voted that, Elizabeth Lombard, GFN Board President, be hereby authorized to execute contracts and bonds in the name and on behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company's name on its behalf by such officer under seal of the company, shall be valid and binding upon this company. I further certify that I am the clerk of the GFN that Elizabeth Lombard is the duly elected GFN Board President, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract. A TRUE COPY, ATTEST: _______________________ _________________________________________, Seth Gregory, Grow Food Northampton Clerk Date PLACE OF BUSINESS: Northampton (Corporate Seal) Page 17 of 27 Lessee: City of Northampton (page one of two of Lessee signatures) ______________________Date ______________ Tom Parent, Recreation Commission ________________________Date ____________ Kevin Coffey, Recreation Commission ______________________Date ______________ Carol Bertrand, Recreation Commission ______________________Date ______________ Michael Laga, Recreation Commission _ _____________________Date ______________ Joan Finn, Recreation Commission ______________________Date ______________ David Cronin, Recreation Commission ______________________Date ______________ Theresa Flynn, Recreation Commission ______________________Date ______________ Glen Connly, Recreation Commission ______________________Date ______________ Jim Durfer, Recreation Commission Page 18 of 27 Lessee: City of Northampton (page two of two of Lessee signatures) ______________________Date ____________ Wayne Feiden, FAICP, Director of Planning and Development ______________________Date ____________ Ann Marie Moggio, Director of Recreation _______________________Date ___________ Joyce Karpinski, City Auditor, approved as to appropriation. _______________________Date_____________ Joe Cook, Chief Procurement Officer, as to MGL c. 30B compliance and as to form _______________________Date ____________ Mayor Mary Clare Higgins COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. On this ___day of February, 2011, before me the undersigned notary public, personally appeared Mayor Mary Clare Higgins, and proved to me through satisfactory evidence of identification, which was personal knowledge of the signatory’s identity, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose on behalf of the City of Northampton ______________________________ Notary Public: Wayne M. Feiden My Commission Expires: October 14, 2016 Page 19 of 27 EXHIBIT A CITY’S RIGHT OF FIRST REFUSAL This document describes the City’s right of first refusal, as set forth at Section 2.2 of the annexed Agricultural Ground Lease (the “Lease Agreement”). All capitalized terms not defined herein have the meanings set forth in the Lease Agreement. If GFN shall, during the Lease Term receive a bona fide third-party offer to purchase the Premises, or any portion thereof, which GFN is willing to accept, the City shall have the following rights: (a) GFN shall give written notice of such offer (“the Notice of Offer”) to the City setting forth (a) the name and address of the prospective purchaser of the property, (b) the purchase price offered by the prospective purchaser and (c) all other terms and conditions of the sale. The City shall have a period of forty-five (45) days after the receipt of the Notice of Offer (“the Election Period”) within which to exercise its right of first refusal by giving notice of intent to purchase the Premises (“the Notice of Intent to Purchase”) for the same price and on the same terms and conditions set forth in the Notice of Offer. Such Notice of Intent to Purchase shall be provided in writing to GFN within the Election Period. (b) If the City exercises the right to purchase the Premises, such purchase shall be completed within sixty (60) days after the Notice of Intent to Purchase is given by the City (or if the Notice of Offer shall specify a later date for closing, such date) by performance of the terms and conditions of the Notice of Offer, including payment of the purchase price provided therein. c) Should the City fail to exercise the right of first refusal within the Election Period, then the GFN shall have the right (subject to any other applicable restrictions in the Lease Agreement) to go forward with the sale which GFN desires to accept, and to sell the Premises within one (1) year following the expiration of the Election Period on terms and conditions which are not materially more favorable to the purchaser than those set forth in the Notice. If the sale is not consummated within such one-year period, GFN’s right so to sell shall end, and all of the foregoing provisions of this section shall be applied again to any future offer, all as aforesaid. If a sale is consummated within such one-year period, the purchaser shall purchase subject to a renewed right of first refusal in the Premises. Page 20 of 27 EXHIBIT B REQUIREMENTS AND RESTRICTIONS The following requirements and restrictions (these “Requirements and Restrictions”) shall apply to the management of the Premises by the City, GFN, and any other person or entity as may be authorized to carry out management functions pursuant to the terms of the annexed Agricultural Ground Lease (the “Lease Agreement”). All capitalized terms not defined herein have the meanings set forth in the Lease Agreement. Land Management Practices The parties to the Lease Agreement estimate that the Premises contain approximately fifteen (15) acres of tillable agricultural land (the “Tillable Land”). Within the Tillable Land, all agricultural and agricultural and environmental educational uses not prohibited under the terms of the Lease Agreement and the APR are permitted. The City shall retain the right to construct agricultural buildings and/or greenhouses upon the Tillable Land, provided that such construction is otherwise consistent with the terms of the Lease Agreement and the APR. Healthy soils shall be maintained and built up on the Tillable Land by means of (i) farming practices that shall include rotating crops, maintaining organic matter, and using compost, cover crops, and green manures; (ii) allowing on-going community garden use with community gardeners being motivated to build the soil; and (iii) other practices consistent with best farm practices recommended by the Natural Resource Conservation Service of the United States Department of Agriculture (the “NRCS”) and otherwise consistent with the Lease Agreement. If livestock are kept in a barn or other outbuilding, liquid and solid excrement shall be collected and stored until such time as they can be applied to the soil on the Tillable Land in a non-polluting manner. The parties to the Lease Agreement further estimate that the Premises contain approximately two (2) acres of riparian land (the “Riparian Land”) consisting of all land on the Premises located within 200 feet of the Mill River. Effort will be made to prevent soil erosion within the Riparian Land. Specifically, within the Riparian Land, only managed and unmanaged forests, indigenous hedges, and perennial crops that require no tilling shall be permitted. Page 21 of 27 Public Access Except when Premises is under management of GFN, the City retains the exclusive right to manage public access to avoid negative impact on agricultural and educational operations on the Premises. Regardless of the management, the City, through its Conservation Commission, retains the exclusive right to manage public access in, to, and along the river. Restrictions The following uses of and activities on the Premises shall be prohibited: 1. The use of synthetic fertilizers, or pesticides, herbicides, and fungicides, except to mitigate extreme invasive species, unless the Recreation Commission finds, after an advertised public hearing, that such uses are necessary to provide for the best management of the Premises. In making that decision, the Recreation Commission is advised to consider the recommendations from the NRCS or other appropriate independent professionals. 2. The use of sewage sludge. 3. The dumping, storage or disposal of wastes, refuse, debris, or hazardous substances, except organic compost material. Organic composting operations shall be permitted. 4. The spreading of animal manure on any portion of the Premises between the first day of November and the first day of March of each year, or at any time when the ground is snow-covered or frozen, except in accordance with best management practices as determined by the NRCS. 5. The cutting, removal or destruction of live trees, except for (i) the removal of trees to control insects or disease; (ii) the removal of trees to prevent personal injury or property damage; (iii) the removal of trees to facilitate farming on the Premises as contemplated under the terms of the Lease Agreement; (iv) the removal of non-native and invasive trees; and (v) the harvesting of trees when such harvesting is approved in writing by GFN. 6. The use of the Premises primarily for the production of sod, nursery stock, ornamental shrubs, ornamental trees or other similar products not used for food, clothing or to meet other basic human needs (collectively, “Restricted Products”). Acreage allocated to the production of Restricted Products shall not exceed fifty percent (50%) of the acreage of Premises. Page 22 of 27 7. The establishment or maintenance of any commercial feedlot, which is defined herein as a confined area or facility in which the land is not grazed or cropped at least annually, which is used primarily to receive and hold livestock that has been raised off the Premises, and in which the animals are not permitted seasonal grazing. 8. The treatment or confinement of any animals in any way that causes unnecessary suffering for the animals. The raising of animals on site for food is permitted. Animals shall receive nutritious diets without antibiotics or hormones and shall be raised with shelter, resting areas, sufficient space and the ability to engage in natural behaviors. The use of antibiotics to treat infection is permitted. 9. The disposal or storage on the Premises of motorized vehicles other than currently operating vehicles used on the roads or as required for permitted agricultural purposes. 10. The construction of any road for access or other purposes without the written approval of GFN, or the paving of any area of the Premises with concrete, asphalt, or other impervious material without the written approval of GFN. 11. Any use or activity that causes or is likely to cause significant soil degradation or erosion or significant pollution of any surface or subsurface waters or any other significant pollution of the environment. Page 23 of 27 EXHIBIT C GFN LAND MANAGEMENT PROVISIONS The following provisions (these “Provisions”) shall apply to, but only during any period of, GFN’s management of the Premises as contemplated at Section 1.4 of the annexed Agricultural Ground Lease (the “Lease Agreement”). All capitalized terms not defined herein have the meanings set forth in the Lease Agreement. 1. GFN shall set aside and maintain no fewer than seven (7) acres of the Premises above the ten year floodplain, and as close to the westerly and northwesterly sides of the Premises as possible, for community garden plots to be used by Northampton residents and organizations (the “Community Garden Plots”). The final layout of the Community Garden Plots, and any changes to the said layout, must be approved in writing by the Recreation Commission. Notwithstanding any other provisions of this Lease and Exhibits, seven acres must be maintained as community gardens and may only be extinguished, discontinued, or reduced in accordance with a revised lease and the process set forth in Article 97 of the Amendments to the State Constitution. 2. No other agricultural activity, other than efforts to build up the soil, prevent soil erosion, or plant a basic cover crop, shall be implemented on the Premises until the Community Garden Plots are available to the public. 3. GFN shall ensure that the Community Garden Plots are available for rent at fees that are low enough to be attractive to the full range of Northampton residents, including low- income residents. To this end, GFN shall make no less than 15% of the Community Garden Plots available for rent at reduced fees to low-income individuals. All base rents, rent increases, approvals for any Community Garden Plots to be rented to non-Northampton residents, and surcharges for such out-of-town residents shall be approved in writing by the Recreation Commission. 4. In addition to the acreage set aside for Community Garden Plots, GFN shall set aside a buffer on the Premises along the Mill River (the “Mill River Buffer”) sufficient to provide public access along and parallel to the Mill River for walking, fishing, nature study, kayaking, canoeing, and quiet enjoyment. There is no requirement, however, that the Mill River Buffer be any wider than the Mill River and the existing floodplain forest. The Mill River Buffer shall be subject to the Conservation Commission’s right to promulgate regulations to prevent abuse of the land. Notwithstanding any other provisions of this Lease and Exhibits, Mill River Buffer may only be extinguished, discontinued, or reduced in accordance with a revised lease and the process set forth in Article 97 of the Amendments to the State Constitution. Page 24 of 27 5. GFN shall additionally establish on the Premises a buffer from abutting residents (the “Impact Minimization Buffer”), the purpose of which will be to reduce adverse impacts on residential neighborhoods and keep the vistas of the site attractive. 6. GFN shall manage the balance of the Premises (the “Remaining Acreage”) so as to provide substantial public benefits, such as (for illustrative purposes only) hosting educational programs; supporting community garden activities; and dedicating a percentage of crops raised to hunger relief or local food security. 7. Within twelve (12) months of the execution of the commencement of the Lease Term, GFN shall submit a draft land management plan (the “Draft LMP”) to the Recreation Commission, with copies to the Conservation Commission, the Recreation Department, and the Office of Planning and Development. Consistent with these Provisions, the Draft LMP shall: (i) contain maps or diagrams sufficient to determine the location and arrangement of the Community Garden Plots, the Mill River Buffer, the Impact Minimization Buffer, and the Remaining Acreage (ii) set forth a rental fee scale for the Community Garden Plots; (iii) set forth rules governing the Community Garden Plots and the public’s behavior on the Premises; and (iv) detail the uses of the Remaining Acreage. 8. The Recreation Commission shall have sixty (60) days from its receipt of the Draft LMP to provide any comments or concerns to GFN in writing, it being understood that (i) in the event that the Draft LMP is satisfactory to the City as submitted, the Recreation Committee shall as soon as reasonably possible approve the Draft LMP in writing; and (ii) the Recreation Commission’s failure to provide written comments or concerns to GFN as contemplated in the preceding sentence shall likewise constitute approval of the Draft LMP. 9. GFN shall have one hundred and twenty (120) days from its receipt of any written comments or concerns relating to the Draft LMP furnished by the Recreation Commission in accordance with the preceding paragraph to submit a revised draft of the Draft LMP (the “Revised Draft LMP”) to the Recreation Committee, with copies to the other municipal agencies specified at paragraph 7. 10. The Recreation Commission shall have sixty (60) days from its receipt of the Revised Draft LMP to provide any comments or concerns to GFN in writing, it being understood that (i) in the event that the Revised Draft LMP is satisfactory to the City as submitted, the Recreation Committee shall as soon as reasonably possible approve the Revised Draft LMP in writing; and (ii) the Recreation Commission’s failure to provide written comments or concerns to Page 25 of 27 GFN as contemplated in the preceding sentence shall likewise constitute approval of the Revised Draft LMP. 11. Immediately upon approval by the Recreation Commission, the Draft LMP, or the Revised Draft LMP, as the case may be, shall take effect as the GFN’s initial land management plan (the “Land Management Plan”). Thereafter, in addition to its other obligations under the terms of the Lease Agreement, the Requirements and Restrictions, and these Provisions, GFN shall manage the Premises in accordance with terms of the Land Management Plan. 12. Any material amendments to the Land Management Plan shall be subject to written approval by the Recreation Commission, at their sole discretion. By way of non- exhaustive illustration, the term “material changes or amendments” would include any changes to land uses, fee structure, management structure, buildings, roads, parking lots, etc. 13. GFN shall promptly inform the City of any non-material amendments to the Land Management Plan by providing an amended copy of the Land Management Plan to the Recreation Department within a reasonable time following the institution of such amendment. 14. For so long as the Premises shall be subject to GFN management under the terms of the Lease Agreement, GFN may construct and own buildings on the Premises. 15. For so long as the Premises shall be subject to GFN management under the terms of the Lease Agreement, GFN may mortgage any buildings on the Premises that belong to GFN, but not the land beneath such buildings. Any mortgage permitted under these Provisions shall include an acknowledgement that the mortgage is junior to the provisions of the Lease Agreement, and may not alter or limit the terms of the Lease Agreement in any way. Nothing herein shall prevent a mortgage holder from removing any mortgaged building. 16. GFN may, subject to approval in writing by the Recreation Commission, delegate its day-to-day management responsibilities for the Premises to a capable citizen body organized to discharge such responsibilities in accordance with these Provisions. 17. For so long as the Premises shall be subject to GFN management under the terms of the Lease Agreement, GFN shall retain the right to restrict public access to certain portions of the Premises so as to avoid negative impact on agricultural and educational operations; provided, however, that no such restriction shall conflict with or limit these Provisions insofar as they pertain to public access to the Community Garden Plots and the Mill River. 18. If GFN fails to abide by these Provisions in any material respect, the City shall provide written notice of such failure to GFN. Within a reasonable period of time thereafter, the Page 26 of 27 Recreation Commission shall provide GFN with an opportunity to be heard regarding the matter and, if necessary or appropriate, shall establish measures to bring GFN into compliance with these Provisions. GFN shall have six (6) months from the date any compliance measures are established within which to achieve compliance with these Provisions (the “Compliance Period”); provided that, in the event that GFN has demonstrably commenced compliance efforts during the first three (3) months of Compliance Period, and is demonstrably continuing such efforts with all due diligence, but cannot by the exercise of such diligence achieve compliance within the Compliance Period, the Compliance Period shall be extended for a maximum of six (6) additional months. Upon the conclusion of the Compliance Period, if GFN has still failed to achieve compliance with these Provisions, then the City shall have the right to reassume all responsibility for the management of the Premises. Page 27 of 27 Florence Organic Community Garden 2011 - 2014 Design and Creation Budget Phase IPhase IIPhase IIIPhase IV Budget ItemPlanningNotes 20112012 2012 - 2013 2013 - 2014 Regenerative Design Group -- Master Plan Site Design$20,000 Pro-bono Architect Aaron Helfand -- Pro- Barn Architectural Design$10,000 bono Water installation--well and $9,500 20 spigots Fine grading and drainage $5,000 management Soil amendment--cover crop- $4,500 -rye, clover Soil amendment--rock dust $1,000 match from Natural $4,500 applicationVitality $10,000 Survey and staking layout $5,000 Driveway and parking base $2,000 Temporary signageSeek in-kind donation $1,500 Temporary pre-fab tool shedSeek donation $4,000$3,000 Edible hedgerow $5,000 Plantings in bioswales $4,000 Initial compost delivery 2/9/2011 Riverfront buffer and Invasive mgmt phase II, $3,000$6,000 invasive species reforestation phase III management May include partial asphalt $15,000 Road and parking creation paving Seek local vendor discounts and $1,000$2,000 Garden tools donations Educational and special $1,000 $1,000 needs garden plots Installation of fruit tree Seek funding through Fruit Tree $5,000 orchardPlanting Foundation Installation of nut tree grove$5,000 Barn$75,000$175,000 Hoop houses and/or $5,000 coldframes $5,000 Permanent signage$5,000 Seek local vendor discounts and $2,000 Benches donations Seek local vendor discounts and $2,000 Picnic tables donations $10,000 ArborsBarn-raising style creation $2,000 Barn-raising style creation Compost system creation Biochar oven$5,000 Greenhouse$45,000 Sub-total$30,000$33,500$34,500$123,000$230,000 Grand total$451,000 Total Project Budget: $451,000 Total CPA Funds Requested: $100,000 (bold and underlined) 2/9/2011 RDG EGENERATIVE ESIGN ROUP, LLC Landscape Planning and Design for Home, Farm, and Forest Lilly Lombard Board President Grow Food Northampton, Inc. PO Box 849 Northampton, MA 01061 January 18, 2011 RE: Proposal for South Field/Community Garden Site Master Plan The Regenerative Design Group (RDG) is pleased to submit this Proposal to Grow Food Northampton (GFN) for concept level Master Planning and design work for the proposed 17-acre “South Field” portion of the larger Northampton Community Farm project. The South Field will feature the Community Garden component of the Farm project. We understand that the Community Garden proper will occupy a portion of the 17-acre site. The site fronts on Meadow Street to the north, Spring Street and residential uses fronting thereon to the west, the Northampton Elks Lodge to the south, and the Mill River to the east. Our planning work will also cover the other elements under consideration for the 17-acre site and complementing the Garden proper, potentially including but not limited to: Productive hedgerow along Meadow Street frontage; coppice-able hedgerows and meadow restoration in the riverfront buffer zone; and evergreen screening to buffer residential uses along Spring Street. We are excited to help GFN give form to its vision of a state-of-the-art Community Garden that serves as a showpiece of grassroots level food security in action; a multi-faceted, multi-use community resource that will provide Northampton with a higher level of resilience in the face of an uncertain future. We look forward to providing you with a thoughtful, practical and visionary roadmap to creating the Garden in a phased manner that helps insure the project’s success. RDG is pleased to donate our labor and time free of charge to GFN for preparation of the conceptual level planning work described below intended to support and guide forward this worthy community project. Scope of Services Our work will be divided into three sections: 1) Goals Articulation/Vision Statement; 2) Site Analysis; and 3) Master Planning. Goals articulation and visioning will largely come from GFN with guidance from RDG. The analysis work will be a thorough investigation of existing factors that will affect the physical form and potentially the human programming of the Garden. The master planning work will develop a phased plan for the physical development of the Garden including recommendations for implementing the Garden’s human program and management strategy. 1. Goals Articulation/Vision Statement. RDG will meet with GFN to clarify the goals for the Garden’s physical and programmatic development. A vision statement based upon GFN’s existing mission statement will be created to serve as the foundation for subsequent master planning effort. No deliverable. 308 Main St, Suite 2C, Greenfield, Massachusetts 01301 (413) 687-1135 benjamintom1@gmail.com Regenerative Design Group Page | 2 2. Site Analysis. Site analysis will cover existing physical and regulatory factors affecting the site including natural factors and human factors. Natural factors investigated will include: Soils, wetlands and hydrology (e.g. depth to groundwater), floodplains, vegetation, wildlife potential, wind patterns and solar access. Human factors will include: Land use context/neighboring land uses, site access and community connections including connections to proposed adjacent athletic field, and water and power source connections. The site’s regulatory framework including site zoning, riverfront zone, wetlands, agricultural preservation restriction (APR), natural heritage (e.g. rare or endangered species potential), and potential historical/archaeological resources will be researched to determine jurisdiction and identify potential issues as related to Garden development at this location. Deliverables: Site Analysis Plan drawing at an appropriate scale that identifies opportunities and challenges to Garden development at this site. Site Analysis Report in narrative form will explain opportunities and challenges in greater detail. Electronic files in PDF format provided. 3. Master Plan. Building upon the information gathered and synthesized into opportunities and challenges in the Analysis portion, we will prepare a concept level Master Plan for the Garden to guide the Garden’s physical and programmatic development in a phased manner. The Master Plan will identify locations and illustrate recommended scale, layout and nature of the proposed Garden’s major physical components, including but not limited to: Garden plots and incubator spaces, access/entry points, central gathering space/structure, hedgerow/windbreak, evergreen screen, compost and mulch pile locations, circulation hierarchy (e.g. roads and paths), community orchard, farm stand, drainage features and riverfront buffer area treatment. The Master Plan will also recommend potential locations for site amenities such as seating, lighting, and fencing/gates. The Plan will further recommend programmatic elements and operations and management strategies to insure the Garden’s success. A key function of the Master Plan will be to prioritize recommended site improvements and to provide a Phasing Schedule for implementation of improvements. For instance, site preparation will likely be prioritized to occur during the first year of the Garden’s operation. Site preparation would potentially include such action items as: Providing green mulch/manure/cover crop over the entire site, fine grading and construction of passive drainage features, construction of at least temporary entrance and major vehicular access, starter compost and mulch piles, creation of first garden plots, and planting orchard, hedgerow, and coppice-able tree/shrubs within riverfront buffer. Accessing reliable water source, whether via wells or through connection to city water, would certainly be a first priority action item. Later phases might include: Creation of additional garden plots and larger incubator spaces; construction of farm stand, signage, and central gathering structure/tool shed; refinements to circulation route hierarchy; addition of fences, benches and trellises/arbors; and power source connection to allow for site lighting and other needs (perhaps only limited to main entrance and central gathering area/structure). As successive physical improvements are made, the Garden’s program can increase in complexity and sophistication. The Master Plan will guide programmatic expectations by providing conceptual level estimated labor, materials and costs to: 1) Install; and 2) Maintain/manage the site’s proposed physical components. Education of the Garden’s users will surely be a recurring programmatic element. Deliverables: Master Plan drawing at an appropriate scale. Master Plan Report in narrative form. Phasing Schedule in spreadsheet format. Electronic files in PDF format provided. Meetings RDG will attend up to four meetings with GFN Board and/or Planning Committee not to exceed a total of eight hours for all meetings. We anticipate the following meetings: 1.Meeting 1: Initial kick-off meeting to articulate GFN’s goals and intended program for the Garden’s development. GFN’s wish list and priorities for the Garden’s physical (413) 687-1135 308 Main St, Suite 2C, Greenfield, Massachusetts 01301 benjamintom1@gmail.com Regenerative Design Group Page | 3 development and programmatic elements will be identified and recorded at this meeting. 2.Meeting 2: Site Analysis findings presented by RDG to GFN. GFN provides comments and considers revising wish list and priorities as necessary in response to analysis findings. 3.Meeting 3: Draft Master Plan presented by RDG to GFN. GFN provides comments for Final Plan revisions and/or refinements. 4.Meeting 4: Final Master Plan presented by RDG to larger community forum as defined by GFN. Client Provided Materials To complete the work described above, GFN will provide RDG with the following:  A client contact to serve as GFN’s project manager or point person, the single point of contact that RDG staff will interact with for the duration of our services described above. GFN’s contact person will coordinate all input from interested parties and stakeholders and facilitate meetings described above;  GFN will provide timely review of and response to materials submitted by RDG;  Available previously prepared base maps, surveys or plans of the South Field site, adjacent parcels and entire Community Farm site in hard copy and electronic file format;  Any other previously prepared documents or documents in progress that GFN is currently aware of or possesses that might assist or inform the planning process for the site. Additional Services RDG will be pleased to provide planning and/or design services beyond those described above on a time and materials fee basis through addendum to this Contract. Additional services will include meetings beyond those described above. Expenses RDG will donate labor and time to complete the Master Plan work described above. RDG will expect reimbursement from GFN for all other expenses incurred to complete the work. Expenses may include, but not be limited to, graphic reproduction and field analysis materials and testing charges. We do not expect expenses to exceed $1,000.00 for this work. Schedule RDG realizes the importance of timely completion of work to allow GFN to take full advantage of the 2011 growing season for Garden development based upon Master Plan recommendations. RDG will complete work described above as follows: 1.Initial Kick-off – by February 1, 2011. 2.Site Analysis – by March 15, 2011. 3.Master Plan – by April 30, 2011. This schedule will allow RDG to perform or check field analysis work after snow cover has cleared and during the most likely time of year for presence of wet conditions. (413) 687-1135 308 Main St, Suite 2C, Greenfield, Massachusetts 01301 benjamintom1@gmail.com Regenerative Design Group Page | 4 Authorization Thank you very much for selecting RDG to prepare your Master Plan. We look forward to working with GFN on this exciting and innovative project! Your signature below will authorize us to commence work immediately. ________________________________________________________ ______________________________________________ Grow Food Northampton, Inc., Date Regenerative Design Group, LLC., Date (413) 687-1135 308 Main St, Suite 2C, Greenfield, Massachusetts 01301 benjamintom1@gmail.com Board of Directors Lilly Lombard, President Adele Franks, Vice President Seth Gregory, Secretary Rebecca Fletcher, Treasurer Jennifer Hartley, Director Sarah Buttenwieser, Director Tom Benjamin, Director Advisory Board Cris Coffin, American Farmland Trust Oona Coy and Ben James, Town Farm Phil Korman, Community Involved in Sustaining Agriculture Jenny Ladd, Commonwealth Center for Change Heidi Nortonsmith, Northampton Survival Center John Omasta, Hickory Dell Farm Steve Strimer, David Ruggles Center Meg Taylor, The Farm Education Collaborative Peter Barrer, Newton Angino Community Farm Donna Lilborn, Soil Scientist, Landscape Architect Michael Docter, Winter Moon Farm John Kelly, Smith Vocational and Agricultural High School Lisa Baskin, David Ruggles Center и¿­» × Û²ª·®±²³»²¬¿´ Í·¬» ß­­»­­³»²¬ Allard’s Farms Meadow Street & Spring Street Northampton, MA 01062 August 25, 2010 Project #10-8069 PES Prepared For: Mr. Christopher Lapointe The Trust for Public Land th 33 Union Street, 5 Floor Boston, MA 02108 By: PES Associates, Inc. Jesse Mynahan Environmental Scientist Ellen Blackburn Environmental Professional 10-8069 1.0 Introduction______________________________________ This report describes the Phase I Environmental Site Assessment (ESA) PES Associates, Inc. (PES) performed on the farmland located on Meadow Street and Spring Street in Northampton, Massachusetts (the Site). PES conducted this ESA at the request of Mr. Chris Lapointe for The Trust for Public Land (the Client), who authorized this project on July 20, 2010. The approximately 140-acre Site consists of farmland and is located in area surrounded by forests, residential buildings, and several commercial businesses. Approximately 75% of the land was most recently used for farming, while the remainder consists of overgrown fields and forested areas. The Mill River runs through the center of the north part of the Site, and along the eastern boundary on the south side of the Site. Although there are currently no improvements at the Site historical aerial photographs showed several buildings on the northwest side and on the south side of the Site. The Site has historically been used for the farming of potatoes, corn, and tobacco. The area surrounding the Site has primarily consisted of residential buildings. 1.1 Purpose The purpose of this ESA was to investigate the surficial conditions at the Site to identify anyrecognized environmental conditions: evidence of an existing release, past release, or material threat of release of oil and/or hazardous materials (OHM) at or in the immediate vicinity of the Site. 1.2 Scope of Services In accordance with the guidelines set forth in the American Society for Testing and Materials (ASTM) E 1527-05 Standard Practices for Environmental Site Assessments: Phase I Environmental Site Assessment Process, as well as 40CFR312, PES performed the following activities as part of our investigation, under the supervision of Ellen Blackburn, an Environmental Professional as defined in ASTM E 1527-05 Section 3.2.29 and 40CFR312.10 (b). Conducted a visual inspection of surface conditions at exterior portions of the Site on August 20, 2010; Interviewed Mr. Wayne Goulet, the owner of the Site since 1978, to ascertain Site history and characteristics; Meadow Street & Spring Street, Northampton, MA — 1 — 10-8069 Reviewed readily-available local records on file at the City of Northampton and Hampshire County offices to ascertain Site history and identify recognized environmental conditions at and in the immediate vicinity of the Site; Interviewed local agency officials regarding recognized environmental conditions at and in the immediate vicinity of the Site; and Reviewed a report of federal and state environmental records conducted by a database search contractor to identify federal- or state-listed sites within the search radii specified in ASTM E 1527-05. 1.3 Findings The following summarizes the releases or threats of release of OHM PES identified at the Site: The Site has primarily been used for agricultural purposes, including the farming of potatoes, corn, and tobacco. The parts that haven’t been used for farming have remained undeveloped forests or open spaces. Although no longer present, several sheds and barns were located on the northwest and south sides of the Site. The area surrounding the Site has primarily been occupied by residential buildings, with several small commercial companies also historically present in the immediate vicinity. In the woods on the northwest side of the Site, PES observed one plastic drum and one tire. PES also observed a tire in the Mill River in the center part of the north side of the Site. The database search identified fifteen state-listed hazardous waste sites within one mile of the Site and fifteen releases, three leaking underground storage tanks (LUSTS), and one landfill within ½-mile of the Site. These listings are unlikely to pose a material threat of release of OHM to the Site based on regulatory status, distance from the Site, and/or location in a hydraulically down-gradient location from the Site. 1.4 Recognized Environmental Conditions PES Associates, Inc. has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E1527-05 for the farmland located on Meadow Street and Spring Street in Northampton, MA (the Site). Any exceptions to or deletions from this practice are described in Section 7.5 of this report. Meadow Street & Spring Street, Northampton, MA — 2 — 10-8069 The historical use of fertilizers and pesticides at the Site is a recognized environmental condition. 1.5 Recommendations PES does not recommend any further environmental investigation at the Site at this time. 2.0 Site Description___________________________________ 2.1 Site Location & Legal Description The Site is located on the north and south sides of Meadow Street and on the east side of Spring Street in Northampton, Massachusetts (see Appendix 1, Figure 1). The City of Northampton Assessor identifies the Site with Map-Block-Lot Numbers 16D-001, 22B- 011, and 22B-067, and as consisting of approximately 140 acres of land. The Hampshire County Registry of Deeds has a legal description of the Site recorded in Book 2046, beginning on Page 66. PESdid not discover evidence of environmental liens or deed restrictions for the Site during our review of available municipal or county records. Additionally, the Client did not notify PES of any environmental liens or deed restrictions for the Site. 2.2 Site & Vicinity Characteristics The Site is located in the City of Northampton and approximately 75% of the land was recently used for farming, while the remaining 25% consists of forested and undeveloped areas. The Mill River runs through the center of the north part of the Site, and along the east edge of the south part of the Site. Residential buildings abut the Site to the east and west;1812 Paint & Body andFlorence Auto Sales also abuts the Site to the west. Farmland and a forested area abut the Site to the north, and Elk’s Lodge abuts the Site to the south. PES did not observe any properties that could pose a material threat of release of OHM (such as gasoline stations, dry cleaners, or manufacturing facilities) in the immediate vicinity of the Site. Meadow Street & Spring Street, Northampton, MA — 3 — 10-8069 2.3 Site Improvements 2.3.1 Structures There are currently no structures at the Site. Historical aerial photographs show that several buildings were located on the northwest and south sides of the Site in 1939; 1971 aerial photographs. 2.3.2 Parking Areas & Roads A dirt road runs along the boundaries of the Site. Vehicular Site access to both the north and south sides of the Site is from Meadow Street. 2.3.3 Heating & Air Conditioning There are no sources of heating or air conditioning as there are no structures. 2.3.4 Sewer There is no type of sewer system at the Site. 2.3.5 Water There is no type of water connection at the Site. 2.3.6 Electricity There is no source of electricity at the Site. 2.4 Information from Current Site Owner/Operator PES interviewed Mr. Wayne Goulet, the current Site owner, to ascertain Site history. According to Mr. Goulet, the majority of the land has been used for the farming of potatoes, corn, and tobacco. The remainder of the land consists of a forested area and has never been developed. Mr. Goulet is aware of several barns used for the storage of tobacco were previously located at the Site, but were razed approximately thirty years ago. Mr. Goulet stated that to his knowledge, there have never been USTs, ASTs, or hazardous materials at the Site. He did state that fertilizers and pesticides have historically been used on the farmland at the Site and in the vicinity. He is not aware of any environmental liens or restrictions, nor is he aware of any spills at the Site or in the immediate vicinity. Meadow Street & Spring Street, Northampton, MA — 4 — 10-8069 2.5 Information from Neighbor(s) PES did not attempt to interview neighbors of the Site as we were able to interview the current Site owner, Mr. Frank Goulet. 2.6 Present Ownership & Use The City of Northampton Assessor’s records identify the current Site owner as Allard’s Farms, Inc., who purchased the Site on August 14, 1978. The Hampshire County Registry of Deeds has a record of this transaction recorded in Book 2046, beginning on Page 66. The majority of the land was most recently used to grow potatoes, with the remainder of the Site consisting of undeveloped land and a mature forest. PES did not observe or identify any current tenant activities that are likely to adversely impact environmental conditions at the Site. 2.7 Adjoining Properties North The Mill River and forested land abuts the Site to the northwest; farmland abuts the Site to the northeast. East Residential buildings abut the Site to the east on the north part of the Site; the Mill River and residential buildings abut the Site to the east on the south part of the Site. South Meadow Street and several residential buildings are located south of north part of the Site, with the Elk’s Lodge (17 Spring Street) located south of the south part of the Site. West Residential buildings, undeveloped land, and 1812 Paint & Body and Florence Auto Sales (130 Spring Street) abut the Site to the west. 2.8 Zoning The City of Northampton zoning map depicts the Site and immediate vicinity as zoned for Urban Residential, with a water supply and watershed protection overlay. Meadow Street & Spring Street, Northampton, MA — 5 — 10-8069 2.9 Environmental Permits and/or Violations PES did not discover any environmental permits or violations for the Site at any of the local offices contacted during the preparation of this ESA. 3.0 Site History______________________________________ 3.1 Information from Current Site Owner/Operator PES interviewed Mr. Wayne Goulet, the current owner of the Site, to ascertain Site history and characteristics; refer to Section 2.4. 3.2 Information from Past Site Owner(s)/Operator(s) The Hampshire County Registry of Deeds’ records identified the previous owners of the Site as Pyramid Company of Hadley. PES did not attempt to contact the previous owner regarding the history, past uses, and any known recognized environmental conditions at the Site and adjacent properties as their contact information was not readily available. This data gap is discussed in Section 7.5. 3.3 Information from Neighbor(s) PES did not attempt to interview the neighbors of the Site as we were able to interview the current Site owner, Mr. Wayne Goulet. 3.4 Previous Environmental Reports PES was neither provided with nor encountered any previous environmental reports prepared for the Site during the preparation of this ESA. 3.5 Municipal Records No municipal records were available at local offices. 3.6 Chain of Ownership Records Table 1 summarizes the Hampshire County Registry of Deeds’ records of Site ownership of Parcels 22B-011 and 22B-067 since 1939. Table 2 summarizes records of Site Meadow Street & Spring Street, Northampton, MA — 6 — 10-8069 ownership of Parcel 16D-001 since 1946. PES conducted a cursory review of title records and does not represent this abstract as a complete chain of title to the Site. : Ì¿¾´» ï п­¬ Ñ©²»®­¸·° ±º îîÞóðïï ú îîÞóðêé Ñ©²»® Þ±±µñп¹» Ü¿¬» ±º Ы®½¸¿­» Allard’s Farms, Inc. 2046/66 8/14/1978 Pyramid Company of Hadley 2018/232 4/29/1978 Greenfield Savings Bank 1977/347 4/30/1977 Philip Cohn & Bradford Collins 1615/18 1/5/1972 Blauvelt Tobacco Farms, Inc. 1204/58 8/30/1955 Theodore Blauvelt 1012/354 3/31/1947 Richard Blauvelt 1000/394 4/5/1956 Harry & Charles Marsh 979/325 2/3/1944 Mary Hayes 979/321 2/3/1944 Harry & Minnie Marsh 940/495 4/21/1939 : Ì¿¾´» î п­¬ Ñ©²»®­¸·° ±º ïêÜóððï Ñ©²»® Þ±±µñп¹» Ü¿¬» ±º Ы®½¸¿­» Allard’s Farms, Inc. 2046/66 8/14/1978 Pyramid Company of Hadley 2018/232 4/29/1978 Greenfield Savings Bank 1977/347 4/30/1977 Philip Cohn & Bradford Collins 1615/18 1/5/1972 Blauvelt Tobacco Farms, Inc. 1204/58 8/30/1955 Theodore Blauvelt 1203/270 8/24/1955 Harry Blauvelt 1152/20 9/18/1953 Theodore Blauvelt 1012/354 3/31/1947 Richard Blauvelt 1003/347 6/3/1946 3.7 Historical Sources 3.7.1 Sanborn Fire Insurance Maps PESreviewed 1884, 1889, 1895, 1902, 1910, 1915, 1930, and 1950 SanbornFire Insurance Maps of Northampton, MA, provided by the City of Somerville Public Library; however, these maps did not depict the Site or its vicinity. The absence of a specific area on such maps may signify that the area was not significantly developed at the time at which the maps were published. Meadow Street & Spring Street, Northampton, MA — 7 — 10-8069 3.7.2 Aerial Photographs PES reviewed a 2001 aerial photograph depicting the Site and vicinity at the Microsoft Research Maps website. This photograph depicts the Site and immediate vicinity as similar to what we observed during our inspection (See Appendix 1, Figure 2). PES reviewed aerial photographs dated 1939 and 1985 provided by the United States Department of Agriculture. PES also reviewed an aerial photograph dated 1971 at historicaerials.com. All of these photographs depict the majority of the Site as used for farmland. In the 1939 and 1971 aerial photographs, there are several buildings, which appear to be barns, depicted on the northwest and south sides of the Site; these buildings have since been demolished. The area surrounding the Site consists of woods, farmland, and residential buildings. The 1985 aerial photograph depicts the Site and immediate vicinity as similar to what we observed during our inspection. 3.7.3 Historical Atlases/Topographic Quadrangles Historical atlases depicting the Site and vicinity were not readily available for review at local offices. PES reviewed the United States Geological Survey (USGS) 4 km W of Northampton, MA topographic quadrangle (see Appendix 1, Figure 3), dated 1990. This map depicts several buildings on the Site west side of the Site and two buildings on the south side of the Site, all of which have since been demolished. The majority of the Site is shown as undeveloped, with a wooded area located on the northwest side and central part of the Site. PES also reviewed the 1895 USGS Northampton, MA topographic quadrangle dated 1895 and the Easthampton, MA topographic quadrangle dated 1939 provided by the University of New Hampshire. These maps do not depict any buildings at the Site. 3.7.4 City Directories PES reviewed selected City Directories at the Forbes Library in Northampton. The following businesses were listed in directories on adjacent properties on Meadow Street and Spring Street between 1932 and 2010: Mahoney Trucking, Meadow Street & Spring Street, Northampton, MA — 8 — 10-8069 Florence Ice Company, Blauvelt Tobacco Farms, Plantation Valley Home Builders, Elks Lodge, Chartpak, 1812 Paint & Body, Florence Auto Sales, and Trailer Tech. The majority of the listings for adjacent properties listed as residential. 3.8 Summary of Historical Information The Site has primarily been used for agricultural purposes, including the farming of potatoes, corn, and tobacco. The parts that haven’t been used for farming have remained undeveloped forests or open spaces. Although no longer present, several sheds and barns were located on the west and south sides of the Site. The area surrounding the Site has primarily been occupied by residential buildings, with several small commercial companies also historically present in the immediate vicinity. 4.0 Physical Site Description____________________________ 4.1 Topography The Site is at an approximate elevation of 245 feet above the National Geodetic Vertical Datum of 1929, according to the USGS 4 km W of Northampton, MA topographic quadrangle (see Appendix 1, Figure 3). The topography at the Site is generally level; topography west of the Site slopes upward to the west. 4.2 Geology PES did not observe any bedrock outcrops at the Site and/or its immediate vicinity. According to the Bedrock Lithology Map provided by the MassGIS website,the Site is underlain by Mesozoic basin sediments. According to the Natural Resources Conservation Service, Soil Survey of Hampshire County, MA, the majority of the Site is underlain by Winooski silt loam. This soil has a parent material of silty alluvium, is moderately well drained, and has a depth of about 18-36 inches to the water table. Meadow Street & Spring Street, Northampton, MA — 9 — 10-8069 4.3 Hydrology 4.3.1 Surface Water The Site is in the Middle Connecticut Watershed, with the Mill River running through the center of the north part of the Site and along the east edge of the south part of the Site. Surface runoff would infiltrate the permeable surfaces of the Site. 4.3.2 Wetlands PES observed some wetland-type vegetation along the Mill River on the north part of the Site. The MassGIS Online Data Viewer, Hydrography, Water Features, Wetlands 12k, Detailed layer depicts a small section on the north side of the Site as wooded swamp deciduous wetlands. 4.3.3 Hydrogeology PES did not identify any current means of sampling groundwater at the Site. Based upon topography and proximity of surface-water bodies (i.e., tributaries, rivers, wetlands), PES infers groundwater flow to generally be to the south. PES based subsequent references to hydraulic location relative to the Site, specifically in the following database sections, on our inferred direction of groundwater flow. 5.0 Records Review__________________________________ PES contracted database searches of federal and state environmental records. Sections 5.1 and 5.2 of this report discuss federal- and state-listed sites identified within the radii specified by ASTM E 1527-05 and applicable Client scopes. Refer to Appendix 3 for a complete copy of the database search report. Table 3 summarizes the results of the database search. Meadow Street & Spring Street, Northampton, MA — 10 — 10-8069 : Ì¿¾´» í Ü¿¬¿¾¿­» Í»¿®½¸ λ­«´¬­ Í»¿®½¸ ðó ód dóc cóï Ü¿¬¿¾¿­» Í·¬» ß¼¶¿½»²¬ ο¼·«­ ³·´»­ ³·´»­ ³·´»­ ³·´» NPL 1 mile No 0 0 0 0 0 NPL Delisted ½-mile No 0 0 0 0 CERCLIS ½-mile No 0 0 0 0 CERCLIS – NFRAP ½-mile No 0 0 0 0 RCRA CORRACTS 1 mile No 0 0 0 0 0 RCRA TSD ½-mile No 0 0 0 0 RCRA Generator Site & adjacent No 0 IC / EC Registries Site No ERNS Site No Listed Sites 1 mile No 0 5 2 4 4 Releases ½-mile No 0 5 2 8 Solid Waste Landfills ½-mile No 0 0 0 1 Leaking USTs ½-mile No 0 0 0 3 Registered USTs/ ASTs Site & adjacent No 0 IC/ EC Registries Site No VCP listings ½-mile No 0 0 0 0 Brownfields listings ½-mile Yes 0 0 0 0 Shading indicates areas beyond ASTM search radii. 5.1 Federal Records 5.1.1 NPL Sites The search did not identify any National Priority List (NPL) sites within one mile of the Site. The search did not identify any Delisted NPL sites within ½-mile of the Site. 5.1.2 CERCLIS Listings The search did not identify any CERCLIS listings within ½-mile of the Site. A CERCLIS listing is a property under investigation by the state or United States Environmental Protection Agency (EPA) as a potential Superfund site. The search did not identify any No Further Remedial Action Planned (NFRAP) CERCLIS listings within ½-mile of the Site. Meadow Street & Spring Street, Northampton, MA — 11 — 10-8069 5.1.3 RCRA Facilities The search did not identify the Site or any adjacent properties as a RCRA hazardous waste generator. The search did not identify any RCRA Corrective Action (CORRACTS) facilities within one mile of the Site. The search did not identify any RCRA non-CORRACTS treatment, storage, and disposal (TSD) facilities within ½-mile of the Site. 5.1.4 Institutional Control / Engineering Control (IC/EC) Registries The database search did not identify the Site as the location of a federally registered Institutional Control or Engineering Control. 5.1.5 ERNS Sites The search did not identify the Site as an Emergency Response Notification System (ERNS) site. 5.2 State Records 5.2.1 State-listed Disposal Sites The search identified fifteen state-listed hazardous waste sites within one mile of the Site. There are four listings at Pro-CorporationPMC, located at 296 Nanotuck Street, approximately 0.108-mile southeast of the Site. Three of these listings have achieved regulatory closure, while the fourth and most recent listing has not. The database search indicates that there is 0.5 inches of machine oil at the property, and that the submittal for regulatory closure was deemed invalid by the Department of Environmental Protection. Although regulatory closure has not been achieved, this facility is unlikely to pose a material threat of release of OHM based on its hydraulically down-gradient location from the Site. The remaining facilities have achieved regulatory closure, are not listed as disposal sites, and/or are located in a hydraulically down-gradient location from Meadow Street & Spring Street, Northampton, MA — 12 — 10-8069 the Site, making them unlikely to pose a material threat of release of OHM to the Site. 5.2.2 Releases/Spills The search identified fifteen releases within ½-mile of the Site. These releases are either listed as state-listed hazardous waste sites and described in Section 5.1.1, have achieved regulatory closure, and/or are located at least 0.209-mile from the Site; therefore, none of the releases listed by the database are likely to pose a material threat of release of OHM to the Site. 5.2.3 Solid Waste Facilities/Landfills The search identified one landfill within ½-mile of the Site, the VA Hospital located 0.377-mile northeast of the Site. This facility opened in 1920 and closed in 1989. Based on distance from the Site, this facility is unlikely to pose a material threat of release of OHM to the Site. 5.2.4 Leaking UST (LUST) Sites The search identified three LUST facilities within ½-mile of the Site. All three of these facilities have achieved regulatory closure and are located at least 0.377- mile from the Site, making them unlikely to pose a material threat of release of OHM to the Site. 5.2.5 Registered Underground Storage Tanks (USTs) The search did not identify the Site or adjacent properties as registered UST facilities. 5.2.6 State Voluntary Cleanup Programs Listings The search did not identify any Voluntary Cleanup Program listings within ½- mile of the Site. 5.2.7 State Brownfields Listings The search did not identify any Brownfield listings within ½-mile of the Site. Meadow Street & Spring Street, Northampton, MA — 13 — 10-8069 5.3 Database Search Unmappable Properties The search identified unmappable properties in the general vicinity of the Site. Due to inaccurate or missing information provided by the appropriate governmental agency, the database search contractor was unable to definitively plot these sites. PES reviewed the list of unmappable properties in an attempt to definitively locate these properties. If PES was able to locate such a property within a respective ASTM search radius, and it poses a material threat of release of OHM to the Site, we included it above in the appropriate database sections of this ESA. PES determined that it is unlikely that the Site is identified on the list of unmappable properties. Refer to Appendix 3 for information on the unmappable properties. 5.4 Local Records PES reviewed local records in an attempt to identify any registered USTs and ASTs, the licensed storage of hazardous materials, and any hazardous waste sites, sources, and/or facilities at or in the immediate vicinity of the Site. 5.4.1 Fire Department PES submitted a request to the Chief of the City of Northampton Fire Department for any information regarding USTs, ASTs, flammable storage permits, or releases of OHM. PES will forward any information as it becomes available. 5.4.2 Assessor The City of Northampton Assessor personnel informed PES that they do not maintain any information regarding USTs, ASTs, flammable storage permits, or releases of OHM. 5.4.3 Building Inspector The City of Northampton Building Inspector informed PES that they do not maintain any information regarding USTs, ASTs, flammable storage permits, or releases of OHM. Meadow Street & Spring Street, Northampton, MA — 14 — 10-8069 5.4.4 Health Department The City of Northampton Health Department personnel informed PES that they do not maintain any information regarding USTs, ASTs, flammable storage permits, or releases of OHM. 5.4.5 Planning Department The City of Northampton Planning Department personnel informed PES that they do not maintain any information regarding USTs, ASTs, flammable storage permits, or releases of OHM. 6.0 Site Reconnaissance______________________________ The objective of the Site reconnaissance was to identify recognized environmental conditions at or in the immediate vicinity of the Site by means of a visual, surficial inspection. Mr. Jesse Mynahan of PES conducted a visual reconnaissance of exterior portions of the Site on August 20, 2010. PES’ reconnaissance consisted of a visual inspection of the Site from its boundary from public ways and a visual inspection of exterior portions of adjacent properties from public ways. 6.1 Underground Storage Tanks (USTs) PES did not observe any visual evidence of USTs (such as fill or vent pipes or dispensers) at the exterior of the Site during our inspection. 6.2 Aboveground Storage Tanks (ASTs) PES did not observe any visual evidence of ASTs (such as fill or vent pipes or dispensers) at the exterior of the Site during our inspection. 6.3 Hazardous Substances and Petroleum Products PES did not observe the presence of hazardous substances at the exterior of the Site during our inspection. Meadow Street & Spring Street, Northampton, MA — 15 — 10-8069 6.4 Hazardous Waste/Regulated Waste PES did not observe any activities indicating hazardous waste is generated at the Site. PES did not observe any waste pits, landfills, lagoons, or other impoundments at the Site. PES did not observe any hazardous waste containers or unidentified waste containers at the Site. 6.5 Polychlorinated Biphenyls (PCBs) PESdid not observe any large electrical, hydraulic, or heat-transfer equipment that might contain PCBs at the Site. The EPA partially banned the use of PCBs in November 1979, and banned all use of PCBs in newly-installed electromagnets, transformers, heat-transfer, and hydraulic systems in July 1984. 6.6 Solid Waste Disposal PESdid not observe any receptacles for solid waste disposal at the Site. PES did not observe any signs of illegal dumping. In the woods on the northwest side of the Site, PES observed one plastic drum and one tire. PES also observed a tire in the Mill River in the center part of the north side of the Site. 6.7 Distressed Surfaces or Vegetation PES did not observe areas of burned, stained, or discolored soils, nor did we detect any odors in soils that might suggest the presence of OHM. PES observed vegetation at the Site, which appeared seasonably healthy and unstressed. 6.8 Underground Structures PES did not observe evidence of underground structures at the exterior of the Site. 6.9 Explosive Gas PES did not observe any Site operations (such as landfilling) or geologic conditions (such as oil or natural gas deposits) that would constitute a source of explosive gas. Meadow Street & Spring Street, Northampton, MA — 16 — 10-8069 6.10 Airborne & Waterborne Contamination PES did not observe any physical evidence of airborne or waterborne contamination from on-Site activities or adjacent properties. 7.0 Limitations & Conditions____________________________ 7.1 General Limitations & Conditions The observations in this ESA are valid on the date of the Site reconnaissance and made under the limitations and conditions noted herein. This ESA is also subject to the limitations and conditions contained within the Agreement for Services (Agreement) authorized by the Client on July 20, 2010. PES prepared this Report for the sole and exclusive use of the Client and also for the City of Northampton and the Commonwealth of Massachusetts as specified in the Agreement, and is not intended to be nor shall it be relied upon by any other individual or party without the express written authorization of PES. To the extent that another individual or party acts in reliance, such individual or party shall indemnify and hold PES harmless for any damages, losses, or expenses arising therefrom. Such reliance shall be at the individual or party’s sole risk, without liability on the part of PES. 7.2 Limitations & Conditions of ESA PES based the recommendations and conclusions discussed herein solely and in reliance upon information collected as a result of the activities delineated in the Scope of Services (see Section 1.2). PES neither attests nor renders an opinion as to the accuracy or comprehensiveness of the statements of the individuals interviewed, readily available governmental records, environmental reports conducted by other consultants, analytical results, or the database search results provided by the database contractor. There is a limit to all environmental investigation in the sense that the researcher must draw conclusions and develop recommendations with information obtained from limited research and Site evaluation. Future subsurface investigations may determine conditions to be different from those implied by surficial observation. PES does not render any warranty, either express or implied, as to the presence of OHM beyond that observed during the Site reconnaissance. The passage of time may also result in a change in the Meadow Street & Spring Street, Northampton, MA — 17 — 10-8069 environmental characteristics at the Site and surrounding properties. PES does not render an opinion as to environmental Site conditions, which may change subsequent to the date of the Site reconnaissance. Moreover, the conclusions and recommendations contained herein remain valid for 180 days from the date of this ESA. As part of our Site reconnaissance, PES did not attempt to inspect inaccessible areas of the Site including areas obscured by extremely dense vegetation. PESdoes not render an opinion as to recognized environmental conditions at uninspected or visually obstructed portions of the Site. PES did not conduct laboratory analyses for the presence of asbestos, lead-based paint (LBP), drinking water quality, radon, urea foam formaldehyde insulation, vapor intrusion, or electromagnetic radiation. Although the accepted method of accurately determining subsurface conditions at the Site would be to conduct a subsurface investigation (including the collection and analysis of soil and groundwater samples), such investigation was beyond the scope of this ESA. Lastly, PES did not intend this ESA to substitute for a regulatory compliance audit of the Site. 7.3 Methodology PES performed professional services, obtained findings, rendered conclusions, and prepared recommendations in accordance with generally accepted practices of other environmental consultants undertaking similar investigations at the same time in the same geographical area. PES exercised the degree of care and skill generally exercised by other environmental consultants under similar circumstances and conditions. We followed guidelines set forth in ASTM E 1527-05 Standard Practices for Environmental Site Assessments: Phase I Environmental Site Assessment Process. 7.4 Environmental Professional Statement I, Ellen Blackburn, declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in §312.10 of 40 CFR 321. I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all-appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Meadow Street & Spring Street, Northampton, MA — 18 — 10-8069 7.5 Data Gaps and Deviations from Practice In accordance with the ASTM Standard, the following data gaps and/or deviations from the E1527-05 Practice were made during this assessment: Interviews with past occupants, owners, and operators of the Site were not conducted, as these individuals were not available to PES or were unwilling to be formally interviewed. This deviation has not significantly impacted the ability of the EP to identify recognized environmental conditions for the Site. There are several areas of dense vegetation in the center of the Site and along the northern boundary of the Site which were inaccessible; therefore, we were not able to investigate the grounds. This deviation has not significant impacted the ability of the EP to identify recognized environmental conditions for the Site. Meadow Street & Spring Street, Northampton, MA — 19 — 10-8069 8.0 References______________________________________ City of Northampton: Assessor: records reviewed August 20, 2010. Building Inspector: records reviewed August 20, 2010. Fire Department: records requested August 20, 2010. Health Department: records requested August 20, 2010. Library: resources reviewed August 20, 2010. Hampshire County: Registry of Deeds: records reviewed August 20, 2010. Interview: Mr. Wayne Goulet, conducted August 19, 2010. Database Search: Environmental Data Resources Inc.:“The EDR Radius Map™ Report,” compiled August 23, 2010. Resources: City of Somerville Public Library: Sanborn Fire Insurance Maps of Northampton, MA dated 1884, 1889, 1895, 1902, 1910, 1915, 1930, and 1950. Historicaerials.com:Aerial photograph dated 1971. MassGIS Online Data Viewer, Hydrography, Water Features, Wetlands 12k, Detailed layer, reviewedAugust 23, 2010. MassGIS Online Data Viewer, Physical Resources, Bedrock Lithology layer, August 23, 2010. Microsoft Research Maps online directory of aerial maps, dated 2001. United States Department of Agriculture, Soil Conservation Service: Aerial photographs dated 1939 and 1985. United States Department of Agriculture, Soil Conservation Service: Soil Survey of Hampshire County, MA. United States Geological Survey: 4 km W of Northampton, MA 7.5 minute series topographic quadrangle dated 1990. University of New Hampshire Dimond Library, Documents Department and Data Center, Historic USGS Map of New England and New York: Northampton, MA 15 minute series Meadow Street & Spring Street, Northampton, MA — 20 — 10-8069 topographic quadrangle, dated 1895, and Easthampton, MA 15 minute series topographic quadrangle dated 1939. Meadow Street & Spring Street, Northampton, MA — 21 — Table of Contents 10-8069 1.0INTRODUCTION 1 1.1P 1 URPOSE 1.2SS 1 COPE OF ERVICES 1.3F 2 INDINGS 1.4REC 2 ECOGNIZEDNVIRONMENTAL ONDITIONS 1.5R 3 ECOMMENDATIONS 2.0SITE DESCRIPTION 3 2.1SL& LD 3 ITE OCATION EGALESCRIPTION 2.2S& VC 3 ITE ICINITY HARACTERISTICS 2.3SI 4 ITE MPROVEMENTS 2.4ICSO/O 4 NFORMATION FROM URRENT ITE WNERPERATOR 2.5IN() 5 NFORMATION FROM EIGHBORS 2.6PO& U 5 RESENT WNERSHIPSE 2.7AP 5 DJOININGROPERTIES 2.8Z 5 ONING 2.9EP/V 6 NVIRONMENTAL ERMITS ANDORIOLATIONS 3.0SITE HISTORY 6 3.1ICSO/O 6 NFORMATION FROM URRENT ITE WNERPERATOR 3.2IPSO()/O() 6 NFORMATION FROM AST ITE WNERSPERATORS 3.3IN() 6 NFORMATION FROM EIGHBORS 3.4PER 6 REVIOUSNVIRONMENTAL EPORTS 3.5MR 6 UNICIPALECORDS 3.6COR 6 HAIN OF WNERSHIPECORDS 3.7HS 7 ISTORICAL OURCES 3.8SHI 9 UMMARY OF ISTORICAL NFORMATION 4.0PHYSICAL SITE DESCRIPTION 9 4.1T 9 OPOGRAPHY 4.2G 9 EOLOGY 4.3H 10 YDROLOGY 5.0RECORDS REVIEW 10 5.1FR 11 EDERALECORDS Meadow Street and Spring Street, Northampton, MA Table of Contents 10-8069 5.2SR 12 TATE ECORDS 5.3DSUP 14 ATABASE EARCHNMAPPABLEROPERTIES 5.4LR 14 OCALECORDS 6.0SITE RECONNAISSANCE 15 6.1UST(UST) 15 NDERGROUNDTORAGE ANKSS 6.2AST(AST) 15 BOVEGROUNDTORAGE ANKSS 6.3HSPP 15 AZARDOUSUBSTANCES AND ETROLEUM RODUCTS 6.4HW/RW 16 AZARDOUSASTEEGULATED ASTE 6.5PB(PCB) 16 OLYCHLORINATED IPHENYLSS 6.6SWD 16 OLIDASTE ISPOSAL 6.7DSV 16 ISTRESSED URFACES OR EGETATION 6.8US 16 NDERGROUNDTRUCTURES 6.9EG 16 XPLOSIVE AS 6.10A& WC 17 IRBORNEATERBORNE ONTAMINATION 7.0LIMITATIONS & CONDITIONS 17 7.1GL& C 17 ENERALIMITATIONS ONDITIONS 7.2L& CESA 17 IMITATIONS ONDITIONS OF 7.3M 18 ETHODOLOGY 7.4EPS 18 NVIRONMENTAL ROFESSIONALTATEMENT 7.5DGDP 19 ATA APS AND EVIATIONS FROM RACTICE 8.0REFERENCES 20 APPENDICES A1: F PPENDIXIGURES A2: P PPENDIXHOTOGRAPHS A3: DSR PPENDIXATABASEEARCHEPORT Meadow Street and Spring Street, Northampton, MA FTPF Fruit Tree Orchard Grant Overview The Fruit Tree Planting Foundation (FTPF) is an award-winning international nonprofit charity dedicated to planting fruitful trees and plants to alleviate world hunger, combat global warming, strengthen communities, and improve the surrounding air, soil, and water. FTPF programs strategically donate orchards where the harvest will best serve communities for generations, at places such as community gardens, public schools, city/state parks, low-income neighborhoods, Native American reservations, international hunger relief sites, and animal sanctuaries. FTPF’s unique mission, which has been featured in The Los Angeles Times, The New York Times and The Today Show, benefits the environment, human health, and animal welfare—all at once! For more, please visit www.ftpf.org. Our orchard donations are available for recipients who pledge to care for the trees and utilize them for a charitable purpose. If selected for an orchard donation, FTPF will provide high-quality fruit trees and shrubs, organic soil amendments, equipment, planting volunteers, and on-site orchard design work, horticultural workshops, and aftercare training—with the goal of improving the surrounding environment and providing a source of healthy nutrition for the community. We also help coordinate all aspects of the planting, and offer an educational experience for volunteers interested in learning more about tree planting. Free community arboricultural workshops are also available the day of the planting. Recipients must be nonprofits, public schools, or government entities that 1) own the planting site (or have long-term arrangements to remain at the planting site), 2) are committed to caring for the trees in perpetuity, 3) have a source of irrigation nearby, 4) and can help coordinate local volunteers to join us on the day of planting. For schools only: Our “Fruit Tree 101” program creates outdoor edible orchard classrooms at public schools of all levels, across the country, to provide generations of students with environmental education opportunities and a source of organic fruit for improved school lunch nutrition. The “Fruit Tree 101” event is typically completed in two parts. The first, typically held on a weekend to accommodate volunteer schedules, involves planting the orchard under the direction of our certified arborist. We rely on the school to help coordinate local volunteers for this day. The second part, held when school is in session, invites students to join FTPF’s instructors for a fun, hour-long lesson about the importance of trees for the environment and fruit in the diet—culminating in a group tree planting exercise. Local media often attends and reports on the great things that are happening at the school. FTPF ideally seeks schools that can accommodate at least 20-25 trees on school grounds (at 15 ft. intervals) near existing irrigation sources (e.g. spigot or sprinklers). Orchards provide benefits for decades, and once they become established, require little maintenance. For more information about “Fruit Tree 101,” including photos and media articles, please visit www.ftpf.org/fruittree101.htm. If interested in an FTPF orchard grant, please complete the attached application and return it to us at your earliest convenience. Fruit Tree Orchard Grant Application Thanks for your interest in a Fruit Tree Planting Foundation (FTPF) orchard donation. To help us determine if your site is suitable for our programs, please complete this application to the best of your knowledge and return it to us via email (info@ftpf.org) or mail (address above). If chosen for an orchard donation, we will be in touch about next steps. *Required: Attach or email separately digital photos of the proposed planting site and (optional) any existing site plans that may be readily available (please indicate which direction is north). 1) Name of applicant organization or government entity: 2) Full address of proposed orchard site: 3) Which best describes the applicant: 501(c)(3) nonprofit organization or registered NGO (*Required: Provide EIN # or equivalent):  Government entity (please specify type: city, county, state, federal, tribal, other)  Public school or university (*Required: What is the school’s population, grade range, and  percentage of students who qualify for free or reduced cost lunches?): Private nonprofit school or university  Other (please describe):  4) Orchard recipients utilize trees and harvest strictly for the benefit of the community and their charitable mission and not for any for-profit enterprise. Please indicate which of the following purposes the orchard will be used for (please check all that apply): Nutritional benefits  Environmental benefits  Educational purposes  As a community asset  Other (please specify):  5) *Required: Please explain, in one or two sentences only, how the orchard will help your community or charitable mission? ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 6) Does the applicant own the proposed orchard planting site? Yes  No (*Required: Describe the land usage arrangement and indicate how many years the recipient  reasonably expects to be occupying the planting site): 7) If the applicant does not own the planting site, does it have permission from the owner to plant trees there and has the owner agreed to preserve the integrity of the orchard should the applicant leave for any reason? Yes (*Required: List name and contact information for owner):  No  8) Approximately how many community members/students/visitors does the recipient serve through its charitable mission each year? 9) *Required: Roughly how many trees will the desired planting space accommodate, keeping in mind that we plant trees at 15 foot intervals? If unknown, please measure how many tree spots are available by approximating 5 large adult steps to be about 15 feet (Note: the trees do not have all be in the same area, they can be scattered about the site). 10) What is the approximate total square footage of the land available for tree planting? If possible, please sketch the approximate dimensions below. 11) *Required: Please describe available irrigation at the site (i.e. spigot attached to a building, underground sprinkler system, existing dripline) and its respective distance to the planting site? 12) Is it possible to manually dig an 18-inch deep, 2-foot wide hole with a shovel or pick-ax at the site? Yes (*Required: Please actually test dig a hole this size at the site and record how many  minutes it took to do so and report any other difficulties encountered here):  No  13) *Required: Orchard recipients often have local sources for mulch that they have used in the past for landscaping and are willing to assume the responsibility and cost of arranging a mulch drop in advance of the orchard planting (mulch is often free of charge or low-cost). Is the applicant willing to take on this task? Yes (FTPF can help with planning for this, upon request)  No  14) FTPF focuses on fruit trees because they are generally low-maintenance and once they have acclimated to their new surroundings and taken root, they can survive for decades with minimal care. FTPF seeks recipients with a team of committed individuals or an organized committee that will diligently care for and monitor the trees, including regular watering, especially for the first critical years after planting. Does the applicant have such individuals available? Yes (please fill out the contact info for each and indicate who is the main contact for this  project; the more listed, the stronger the application): Caretaker name: Caretaker name: Position: Position: Email address: Email address: Phone number: Phone number: Caretaker name: Caretaker name: Position: Position: Email address: Email address: Phone number: Phone number: Yes, we have an existing garden with its own governing garden committee or something  similar (please list committee chairperson’s information below): Chairperson’s name: Email address: Phone number: No  15) Is the applicant committed to watering the orchard regularly, either manually with a hose or through another irrigation method, throughout the orchard’s lifetime (decades), as needed? Yes  No  16) FTPF often donates hoses for manual watering or full drip systems for automated watering, depending on the project’s budget. If resources don’t allow for the latter, is the applicant interested in contributing $250 towards a drip system, which would be subsidized and installed by FTPF? Yes (If so, we will discuss the details with you prior to making any equipment purchases)  Unsure, but interested and would like to discuss it in greater detail in order to decide  No  17) FTPF donates on-site orchard design and expertise, and a great deal of planting labor as well via staff and interns. However, we also strive to involve local volunteers as this allows the community to assume stewardship over the new orchard, which will benefit its longevity. The planting is always a positive experience and educational for volunteers (our arborist is available as an onsite rain or shine? horticultural resource). Will the applicant recruit volunteers for the day of planting, Yes (*Required: Approx. how many volunteers is the applicant committed to recruiting):  No  18) FTPF often holds free tree planting and aftercare workshops in communities where there is sufficient interest in such a program. These are typically held prior to the orchard planting and last about 1 hour. Is the applicant interested in such a program and if so, is it committed to notifying its network to recruit participants? Yes (*Required: Approx. how many participants would the applicant expect?):  No  19) FTPF typically arranges tree and equipment deliveries for a few days prior to the planting. Is there a secure area near the site to store both prior to the planting? Yes (*Required: Is the applicant able to help unload the trees at the storage site and water them  until the planting day?): Yes _____ No _____ No  20) Please check any garden equipment that the applicant has access to and can bring to the planting: Spade shovels (quantity):  Pick-axes (quantity):  Wheelbarrows (quantity):  Hoses (total length available):  Other (describe):  21) Please describe any obstacles (above or below-ground) or unusual slopes that exist at the site: 22) What is the approximate elevation at the planting site? 23) If possible, describe the soil quality at the planting site (i.e. sandy, loamy, clay, rocky): 24) Is the soil free of contaminants? Yes  No  Unsure (Is the applicant willing to test the soil to ensure that it is free of contaminants?):  Yes ____ No _____ 25) Are there other fruit trees at the site or in the surrounding neighborhood? If so, please describe their type and general condition: 26) If known, what type of fruit trees does the applicant desire? 27) Does the site receive full sun or mostly full sun? Yes No Unsure  28) Does the soil have decent drainage? Yes No Unsure  29) Are gophers or other small tree predators present? Yes No Unsure  30) Are deer or other large tree predators present? Yes No Unsure  31) Is there unusually high wind at the planting site? Yes No Unsure  32) Are there high rates of vandalism at the planting site? Yes No Unsure  33) Is the planting site fenced in or otherwise protected? Yes No Unsure  34) If needed, do we have your permission to refer to the information in this application in our grantwriting, outreach, and website to achieve the resources necessary to implement the project? Yes  No  35) Our projects often garner media coverage to highlight our charitable efforts and the great work our orchard recipient partners are doing for the community. Do we have your permission to invite select media to join us during the planting to report on our collaboration and if applicable, any supporters/corporate sponsors of FTPF that make the donation possible? Yes  No  36) *Required: Does the individual filling out this application have authority to accept and approve an orchard donation from FTPF on behalf of the applicant? If yes, please review the enclosed donation agreement, sign, and return with application.  If no, please list your contact information and position below and forward the enclosed  donation agreement to the appropriate individual for signature and return with application: Donation Agreement PART I: TERMS AND CONDITIONS The Fruit Tree Planting Foundation (“FTPF”) is a nonprofit charity dedicated to planting edible, fruitful trees and plants to benefit the environment and all its inhabitants. Donating and planting fruit trees at nonprofit institutions, public schools, government-owned public lands, and through give-away programs results in improved environment and nutrition for decades to follow. FTPF is therefore pleased to consider a donation of a fruit tree orchard(s) to the entity specified below (herein referred to as “recipient”), under the following conditions: 1. The recipient is a nonprofit institution, public school or university, government entity, or tribal government entity. If nonprofit, the recipient agrees to furnish a copy of its federal 501(c)(3) documentation to append to this agreement. 2. Donated trees and fruits harvested from trees shall not be sold, exchanged, or otherwise used for any for-profit enterprise and shall only be used for charitable purposes consistent with the recipient’s mission and community service. 3. If donated trees are part of a government or tribal government (“government”) tree give-away program, then the trees shall only be used for the good of the community as determined by the government. This may include the government distributing trees directly to families or individuals who would most benefit from and best utilize the trees as a source of improved nutrition. The government shall determine fair and equal criterion to choose tree recipients and will assume responsibility for all distributions and custody of trees from FTPF prior to distributing them. 4. The recipient certifies that it owns the planting site or that it is owned by another nonprofit or government entity, and that the site is not owned or controlled by any particular individual or a private, for-profit entity, nor are there any known future plans to transfer control of the property to an individual or private, for-profit entity. 5. The recipient takes full responsibility for authorizing the planting of fruit trees on said property, whether the property be owned, leased, or otherwise, and has verified in advance that it has the legal right to do so in compliance with all applicable ordinances and policies. 6. The recipient assumes full responsibility for proper tree care and maintenance and is committed to the well-being of the trees, including maintenance of any related items or resources that were donated, with no further obligation from FTPF. 7. FTPF assumes absolutely no liability for any damage to any property, any person, or otherwise, that may occur during, after, or as a result of its donations, plantings, and any related activities, including any potential food safety issues from fruit harvested from donated trees. The recipient is responsible for ensuring that the soil where the trees are planted are free from contaminants and assumes full custody of the trees following the donation and responsibility for all associated liabilities. 8. The recipient agrees to inform FTPF, as far in advance as possible, in the event that the property rights or lease (where the trees are located) are terminated or transferred to any other party so that FTPF may offer help or advice, at its discretion, to ensure the well-being and longevity of the trees. 9. In the event that the property rights or lease (where the trees are located) are sold, terminated, or transferred, the recipient agrees to ensure that the trees and harvest will continue to serve under the terms of this agreement, particularly item 2, in perpetuity. If this is not possible, the recipient will ensure that the trees are transplanted to a location where they will. 10. Any food preparations or food item donations made during any FTPF-related event are made in good faith. FTPF assumes no liability for any food safety issues that may arise from such donations. 11. The recipient or any of its associates shall not intentionally remove, damage, or harm any of the donated trees. The recipient will take responsible measures to preserve the integrity of the trees and their harvest (including fence and irrigation maintenance, if applicable). Transplants may only occur to ensure the well-being of the trees, at the cost of the recipient. 12. Once both parties have agreed to the orchard donation and confirmed a specific date and time for the planting, cancellations made by the recipient, through no fault of FTPF’s, will result in FTPF being entitled to reimbursement from the recipient for any nonrefundable resources it spent on project preparations (i.e. tree purchases, travel arrangements, etc.). 13. The recipient agrees to allow FTPF to invite, at its discretion and if applicable, select media and program sponsors to attend the planting event to build positive support for the effort. Should any media attend or photos/video be taken for FTPF’s use, it is the recipient’s responsibility to ensure that individuals or children who do not wish to be photographed are out of camera’s view. 14. The recipient agrees to encourage other nonprofit and public entities, as appropriate and at its discretion, to plant fruit trees with the goal of improving the environment. This may include sharing seeds, seedlings, or fruit from the orchard. 15. The recipient understands that FTPF encourages maintaining all trees under organic standards for environmental and health reasons. As a representative of the recipient named below, being authorized to make such decisions, I hereby agree on this day (_______/_______/_______) to the terms herein and accept FTPF’s donation, pending final approval from FTPF. Signature (if electronic signature, please write sentence declaring so): Full name of authorized signor: Position and title: Name of organization/school/government entity/tribe: Physical address where trees will be planted (and mailing address if different): Email address: Telephone number: Fax number: TO BE COMPLETED BY SCHOOL APPLICANTS ONLY PART II: “FRUIT TREE 101” CURRICULUM APPROVAL Also included in FTPF’s orchard donation for schools is an hour-long curriculum, called “Fruit Tree 101,” in the new orchard, taught by our certified arborist and health teacher, focusing on the importance of trees for the environment and fruit in the diet, culminating in a group tree planting exercise. Fruit Tree 101 has received great reviews from participating schools and is an important and valuable component of our donation. The length of the lesson can be tailored to accommodate the class schedule. 1. Please confirm the availability of students to take part in our curriculum by indicating the number of students and grade level participating (we prefer groups of approximately 50-100 students in or around the same grade level): Grade level:__________ / Approx. # of students: __________ 2. There may be local media who are interested in attending, and in the process can help bring positive attention to your school. Please confirm that it will be possible for us to invite select media representatives and that any photos/video taken by FTPF or media outlets may be freely used in our respective materials (the school will be responsible for pointing out any students who should not be photographed) by initialing here:_________ 3. Our curriculum takes place in the new orchard, however, in case of inclement weather, please confirm that there will be an indoor or sheltered space available where our educators may conduct the lesson by initialing here: __________ 4. As part of our press release about the program, we'd like to insert a short quote from you about the relevance of the project to the school, such as: “All of us at <SCHOOL> are extremely grateful for the opportunity that The Fruit Tree Planting Foundation and Stretch Island Fruit Co. have provided. Our staff looks forward to teaching our students about the importance of eating more fruit and helping new classes care for our orchard for years to come,” says <NAME>, <POSITION>. Please initial here if you approve of this quote or something similar (or feel free to suggest changes or alternatives by marking the quote above): _________ TO BE COMPLETED BY FTPF REPRESENTATIVE PART III: CASE HISTORY 1. FTPF representative(s) onsite during planting: 2. FTPF representative filling this form: 3. Date(s) of planting: 4. Description of specific uses for trees as discussed with recipient: 5. Description of how FTPF chose recipient: 6. Description of any prior relationship between FTPF and recipient: 7. Please circle if installed: fence / drip irrigation / tree stakes 8. Equipment donated and quantity of each: 9. Volunteers attended: 10. Duration of planting (in hours): 11. Student curriculum participants: 12. Workshop participants: 13. Total individuals served annually by facility: 14. Total number of fruiting plants planted: 15. Number of trees planted: 16. Number of fruiting shrubs/vines planted: 17. Types of trees/shrubs/vines planted (and quantity/size for each type): çÎÓÈ×ØéÈÛÈ×Éø×ÌÛÊÈÏ×ÎÈÍÖóÎÈ×ÊÓÍÊ öÓÉÔÛÎØåÓÐØÐÓÖ×é×ÊÆÓÙ× ìÊÍÒ×ÙÈÎÛÏ×îÍÊÈÔÛÏÌÈÍÎùÍÏÏÇÎÓÈÃöÛÊÏ íÖÖÓÙÓÛÐéÌ×ÙÓ×ÉÐÓÉÈîÍÊÈÔÛÏÌÈÍÎùÍÏÏÇÎÓÈÃöÛÊÏ öÍÐÐÍÅÓÎÕÓÉÛÎÍÖÖÓÙÓÛÐçéöÓÉÔÛÎØåÓÐØÐÓÖ×é×ÊÆÓÙ×ÉÌ×ÙÓ×ÉÐÓÉÈÓØ×ÎÈÓÖÃÓÎÕÐÓÉÈ×ØÛÎØ ÌÊÍÌÍÉ×ØÉÌ×ÙÓ×ÉÛÎØØ×ÉÓÕÎÛÈ×ØÛÎØÌÊÍÌÍÉ×ØÙÊÓÈÓÙÛÐÔÛÚÓÈÛÈÈÔÛÈÏÛÃÚ×ÛÖÖ×ÙÈ×ØÚÃÈÔ× ÌÊÍÒ×ÙÈîÍÊÈÔÛÏÌÈÍÎùÍÏÏÇÎÓÈÃöÛÊÏãÍÇÏÛÃÇÉ×ÈÔÓÉÐÓÉÈÈÍÏ××ÈÈÔ×Ê×ËÇÓÊ×Ï×ÎÈÉÍÖ É×ÙÈÓÍÎÙÍÖÈÔ×÷ÎØÛÎÕ×Ê×ØéÌ×ÙÓ×ÉûÙÈÍÖ  ÛÉÛÏ×ÎØ×Ø÷éûèÔÓÉÉÌ×ÙÓ×ÉÐÓÉÈÔÛÉ Ú××ÎÕ×Î×ÊÛÈ×ØÚÃÈÔ×é×ÊÆÓÙ×ÉÍÎÐÓÎ×óÎÖÍÊÏÛÈÓÍÎìÐÛÎÎÓÎÕÛÎØùÍÎÉ×ÊÆÛÈÓÍÎóìÛù Ø×ÙÓÉÓÍÎÉÇÌÌÍÊÈÉÃÉÈ×ÏÚÛÉ×ØÍÎÌÊÍÒ×ÙÈÈÃÌ×ÛÎØÐÍÙÛÈÓÍÎÓÎÖÍÊÏÛÈÓÍÎÃÍÇÌÊÍÆÓØ×ØÍÎ ö×ÚÊÇÛÊà  ìïèÔÓÉÓÎÖÍÊÏÛÈÓÍÎÓÉÉÇÏÏÛÊÓÂ×ØÚ×ÐÍÅ ìÐ×ÛÉ×Ê×Ö×Ê×ÎÙ×ÍÇÊÈÊÛÙÑÓÎÕÎÇÏÚ×Ê   éðó ÓÎÖÇÈÇÊ×Ê×Ö×Ê×ÎÙ×ÈÍÈÔÓÉÌÊÍÒ×ÙÈ ÈÍÛÉÉÓÉÈÓÎ×ÄÌ×ØÓÈÓÎÕÈÔ×ÌÊÍÙ×ÉÉ î×Å×ÊÓÎÖÍÊÏÛÈÓÍÎÚÛÉ×ØÍÎÇÌØÛÈ×ØÉÇÊÆ×ÃÉÙÔÛÎÕ×ÉÓÎÈÔ×ÛÚÇÎØÛÎÙ×ÛÎØØÓÉÈÊÓÚÇÈÓÍÎÍÖ ÐÓÉÈ×ØÉÌ×ÙÓ×ÉÙÔÛÎÕ×ØÔÛÚÓÈÛÈÙÍÎØÓÈÓÍÎÉÍÊÍÈÔ×ÊÖÛÙÈÍÊÉÙÍÇÐØÙÔÛÎÕ×ÈÔÓÉÐÓÉÈìÐ×ÛÉ×Ö××ÐÖÊ×× ÈÍÙÍÎÈÛÙÈÈÔ×ÍÖÖÓÙ×ÉÓØ×ÎÈÓÖÓ×ØÚ×ÐÍÅÓÖÃÍÇÎ××ØÏÍÊ×ÙÇÊÊ×ÎÈÓÎÖÍÊÏÛÈÓÍÎÍÊÛÉÉÓÉÈÛÎÙ× Ê×ÕÛÊØÓÎÕÈÔ×ÌÍÈ×ÎÈÓÛÐÌÊ×É×ÎÙ×ÍÖÖ×Ø×ÊÛÐÐÃÌÊÍÌÍÉ×ØÐÓÉÈ×ØÍÊÙÛÎØÓØÛÈ×ÉÌ×ÙÓ×ÉÍÊÌÊÍÌÍÉ×Ø ÍÊØ×ÉÓÕÎÛÈ×ØÙÊÓÈÓÙÛÐÔÛÚÓÈÛÈìÐ×ÛÉ×ÎÍÈ×ÈÔÛÈÇÎØ×ÊÈÔ×÷éûÛÉÌ×ÙÓ×ÉÐÓÉÈÓÉÆÛÐÓØÖÍÊ ØÛÃÉ èÔ×Ê×ÖÍÊ×ÈÔ×é×ÊÆÓÙ×Ê×ÙÍÏÏ×ÎØÉÈÔÛÈÃÍÇÆÓÉÓÈÈÔ×óìÛùÉÓÈ×ÛÈÊ×ÕÇÐÛÊÓÎÈ×ÊÆÛÐÉØÇÊÓÎÕ ÌÊÍÒ×ÙÈÌÐÛÎÎÓÎÕÛÎØÓÏÌÐ×Ï×ÎÈÛÈÓÍÎÖÍÊÇÌØÛÈ×ÉÈÍÉÌ×ÙÓ×ÉÐÓÉÈÉÛÎØÓÎÖÍÊÏÛÈÓÍÎûÎÇÌØÛÈ×Ø ÐÓÉÈÏÛÃÚ×Ê×ËÇ×ÉÈ×ØÈÔÊÍÇÕÔÈÔ×óìÛùÉÃÉÈ×ÏÚÃÙÍÏÌÐ×ÈÓÎÕÈÔ×ÉÛÏ×ÌÊÍÙ×ÉÉÇÉ×ØÈÍÊ×Ù×ÓÆ× ÈÔÓÉÐÓÉÈïÍÊ×ÓÎÖÍÊÏÛÈÓÍÎÍÎÈÔ×Ê×ÕÇÐÛÈÓÍÎÉÛÎØÌÊÍÙ×ØÇÊ×ÉÖÍÊÉ×ÙÈÓÍÎÙÍÎÉÇÐÈÛÈÓÍÎ ÓÎÙÐÇØÓÎÕÈÔ×ÊÍÐ×ÍÖÌ×ÊÏÓÈÍÊÐÓÙ×ÎÉ×ÛÌÌÐÓÙÛÎÈÉÙÛÎÚ×ÖÍÇÎØÓÎÈÔ×÷ÎØÛÎÕ×Ê×ØéÌ×ÙÓ×É ùÍÎÉÇÐÈÛÈÓÍÎôÛÎØÚÍÍÑÛÈ ÔÈÈÌ ÅÅÅÖÅÉÕÍÆ ×ÎØÛÎÕ×Ê×Ø ×ÉÛÐÓÚÊÛÊà ÌØÖ èíùõðíéìøö èÔÓÉÐÓÉÈÚ×ÐÍÅÍÎÐÃÛØØÊ×ÉÉ×ÉÖ×Ø×ÊÛÐÐÃÌÊÍÌÍÉ×ØÐÓÉÈ×ØÍÊÙÛÎØÓØÛÈ×ÉÌ×ÙÓ×ÉÛÎØÖ×Ø×ÊÛÐÐà Ø×ÉÓÕÎÛÈ×ØÙÊÓÈÓÙÛÐÔÛÚÓÈÛÈìÐ×ÛÉ×ÙÍÎÈÛÙÈÈÔ×ÛÌÌÊÍÌÊÓÛÈ×éÈÛÈ×ÛÕ×ÎÙÓ×ÉÖÍÊÓÎÖÍÊÏÛÈÓÍÎ Ê×ÕÛÊØÓÎÕéÈÛÈ×ÉÌ×ÙÓ×ÉÍÖÉÌ×ÙÓÛÐØ×ÉÓÕÎÛÈÓÍÎûÐÉÍÌÐ×ÛÉ×Ö××ÐÖÊ××ÈÍÙÍÎÈÛÙÈÈÔ×ÍÖÖÓÙ×É ÓØ×ÎÈÓÖÓ×ØÚ×ÐÍÅÓÖÃÍÇÅÍÇÐØÐÓÑ×ÓÎÖÍÊÏÛÈÓÍÎÍÎÍÈÔ×ÊÓÏÌÍÊÈÛÎÈÈÊÇÉÈÊ×ÉÍÇÊÙ×ÉÉÇÙÔÛÉ ÏÓÕÊÛÈÍÊÃÚÓÊØÉÓÎÃÍÇÊÌÊÍÒ×ÙÈÛÊ×Û õ×Î×ÊÛÈ×ØÚÃÈÔ×óÎÖÍÊÏÛÈÓÍÎìÐÛÎÎÓÎÕÛÎØùÍÎÉ×ÊÆÛÈÓÍÎóìÛùéÃÉÈ×ÏÍÎ    ìï ìÛÕ× çÎÓÈ×ØéÈÛÈ×Éø×ÌÛÊÈÏ×ÎÈÍÖóÎÈ×ÊÓÍÊ öÓÉÔÛÎØåÓÐØÐÓÖ×é×ÊÆÓÙ× ìÊÍÒ×ÙÈÎÛÏ×îÍÊÈÔÛÏÌÈÍÎùÍÏÏÇÎÓÈÃöÛÊÏ ìÊÓÏÛÊÃÙÍÎÈÛÙÈçéöÓÉÔÛÎØåÓÐØÐÓÖ×é×ÊÆÓÙ×ÍÖÖÓÙ× î÷å÷îõðûîø÷ùíðíõóùûðé÷êæóù÷éöó÷ðøíööóù÷  ùíïï÷êùóûðéèê÷÷èéçóè÷ ùíîùíêøîô     ÔÈÈÌ ÅÅÅÖÅÉÕÍÆ Î×Å×ÎÕÐÛÎØ èûóðéÙÍÎÉÇÐÈÛÈÓÍÎÙÍØ×    éðó  ìÊÍÒ×ÙÈÈÃÌ× ûÕÊÓÙÇÐÈÇÊ× ìÊÍÒ×ÙÈø×ÉÙÊÓÌÈÓÍÎ õÊÍÅöÍÍØîÍÊÈÔÛÏÌÈÍÎÛ Ù Ê×Ù×ÎÈÐÃÌÇÊÙÔÛÉ×Ø ÛÙÊ×ÉÍÖÖÛÊÏÐÛÎØÛØÒÛÙ×ÎÈÈÍ ðÍÍÑìÛÊÑÓÎîÍÊÈÔÛÏÌÈÍÎïûèÔ×ÐÛÎØÅÓÐÐÙÍÎÈÓÎÇ×ÓÎÓÈÉÛÕÊÓÙÇÐÈÇÊÛÐÇÉ×ÚÇÈÅ×ÅÍÇÐØÐÓÑ×ÈÍÓÏÌÊÍÆ×ÔÛÚÓÈÛÈÖÍÊ ÛÎÃÈÔÊ×ÛÈ×Î×Ø ×ÎØÛÎÕ×Ê×ØÉÌ×ÙÓ×ÉÍÎÈÔ×ÐÛÎØÖÍÊÙÍÎÉ×ÊÆÛÈÓÍÎÛÎØ×ØÇÙÛÈÓÍÎÛÐÌÇÊÌÍÉ×É õ×Î×ÊÛÈ×ØÚÃÈÔ×óÎÖÍÊÏÛÈÓÍÎìÐÛÎÎÓÎÕÛÎØùÍÎÉ×ÊÆÛÈÓÍÎóìÛùéÃÉÈ×ÏÍÎ    ìï ìÛÕ× çÎÓÈ×ØéÈÛÈ×Éø×ÌÛÊÈÏ×ÎÈÍÖóÎÈ×ÊÓÍÊ öÓÉÔÛÎØåÓÐØÐÓÖ×é×ÊÆÓÙ× ìÊÍÒ×ÙÈÎÛÏ×îÍÊÈÔÛÏÌÈÍÎùÍÏÏÇÎÓÈÃöÛÊÏ ìÊÍÒ×ÙÈÐÍÙÛÈÓÍÎÏÛÌ ìÊÍÒ×ÙÈÙÍÍÊØÓÎÛÈ×É ïçðèóìíðãõíî                                                                                                               ìÊÍÒ×ÙÈÙÍÇÎÈÓ×É ôÛÏÌÉÔÓÊ×ïû õ×Î×ÊÛÈ×ØÚÃÈÔ×óÎÖÍÊÏÛÈÓÍÎìÐÛÎÎÓÎÕÛÎØùÍÎÉ×ÊÆÛÈÓÍÎóìÛùéÃÉÈ×ÏÍÎ    ìï ìÛÕ× çÎÓÈ×ØéÈÛÈ×Éø×ÌÛÊÈÏ×ÎÈÍÖóÎÈ×ÊÓÍÊ öÓÉÔÛÎØåÓÐØÐÓÖ×é×ÊÆÓÙ× ìÊÍÒ×ÙÈÎÛÏ×îÍÊÈÔÛÏÌÈÍÎùÍÏÏÇÎÓÈÃöÛÊÏ ÷ÎØÛÎÕ×Ê×ØéÌ×ÙÓ×ÉûÙÈéÌ×ÙÓ×ÉÐÓÉÈ øÅÛÊÖÅ×ØÕ×ÏÇÉÉ×ÐûÐÛÉÏÓØÍÎÈÛÔ×È×ÊÍØÍÎ ðÓÉÈÓÎÕéÈÛÈÇÉ÷ÎØÛÎÕ×Ê×Ø ìÇÊÓÈÛÎÈÓÕ×ÊÚ××ÈÐ×ùÓÙÓÎØ×ÐÛÌÇÊÓÈÛÎÛ ðÓÉÈÓÎÕéÈÛÈÇÉèÔÊ×ÛÈ×Î×Ø éÏÛÐÐåÔÍÊÐ×ØÌÍÕÍÎÓÛóÉÍÈÊÓÛÏ×Ø×ÍÐÍÓØ×É ðÓÉÈÓÎÕéÈÛÈÇÉèÔÊ×ÛÈ×Î×Ø õ×Î×ÊÛÈ×ØÚÃÈÔ×óÎÖÍÊÏÛÈÓÍÎìÐÛÎÎÓÎÕÛÎØùÍÎÉ×ÊÆÛÈÓÍÎóìÛùéÃÉÈ×ÏÍÎ    ìï ìÛÕ×             ›   ›     ›              Northampton Community Garden Northampton Recreation Department 90 Locust Street Northampton, MA 01060 Northampton Community Garden Burts Pit Road Northampton, MA 01060 February 2, 2011 Dear Northampton Community Preservation Committee Members, I am writing a letter in support of Grow Food Northampton’s application for CPA funds to design and create the Florence Organic Community Garden and Agricultural Education Site (FOCG) on the recently purchased Bean and Allard farmland. I have been a gardener at the Northampton Community Garden (NCG) since 1988 and a member of the Garden Steering Committee for 20 years. For years at the Northampton Community Garden we have been unable to provide a plot to every person who applies for one. Even though there are 400 twenty by twenty foot plots available, we always end up with a waiting list and end up turning away some gardeners. The establishment of the FOCG would go a long way to satisfying this unmet need. The proposed size and scale of the new FOCG seems large enough (approximately 400--500 plots) to meet the present and future needs of many would-be gardeners who have been frustrated until now. In addition to providing community garden plots, agricultural education is a major feature of the proposed FOCG---a service that could benefit thousands of community members over time. At the NCG we have tried to do some of this (we’ve offered occasional workshops and demonstrations), but this has not been our primary focus. At the FOCG, however, extensive demonstration beds and workshops are proposed for school groups, clubs, and social service agencies. Also, the close proximity of at least one CSA farm, and many other small-scale incubator farms at the Northampton Community Farm will offer many opportunities for gardeners to observe, chat with farmers, and arrange internships, etc. Grow Food Northampton is also to be applauded for carefully researching and planning the new FOCG. As part of that research process, members of the NCG and GFN walked the Northampton Community Garden together and talked about the pros and cons of the current Garden. One issue that arose in the walk- through, and in a public form that the City held on community gardens in November 2010, was the aesthetics of community gardens—some neighbors complained about the look of the NCG. Part of the planning process for the new FOCG is to address these concerns at the start and have a garden that not only functions well but also looks good. GFN has engaged the services of Landscape Architect Tom Benjamin of the Regenerative Design Group to guide the planning process and to design a master plan for the garden. This is an important step and we have felt its lack at the NCG over the years; things have just evolved and we have adapted and tinkered as we’ve gone along. What is exciting about the new FOCG is that best organic and permaculture practices will be incorporated into the initial design, preparation, and layout of the Garden. The FOCG will be a more usable, welcoming and productive site in the long run for having taken the time to lay this foundation carefully. Finally, I am tremendously excited that GFN is planning a community gathering space and structure at the new FOCG. These are elements lacking at the current NCG. Open-air and covered spaces where community members can come together to exchange ideas, tools, tips, produce, and enjoy each others’ company can add vitality to the entire site. A gathering space makes for a stronger, more invested group of gardeners who might then provide the lion’s share of volunteer service to maintain the site. I understand that carefully creating this community garden and education site will take an investment of public dollars, but I also feel that this is money well spent that will reap a great return in recreational benefit, access to healthy food and food-based education for our community. Therefore, I fully support GFN’s request for CPA funding, and look forward to working closely with my fellow gardeners at the new Florence Organic Community Garden Sincerely yours, Arthur Larson 39 Fort Hill Terrace, Northampton BOARD OF HEALTH CITY OF NORTHAMPTON DONNA C. SALLOOM, CHAIR SUZANNE SMITH, M.D. MASSACHUSETTS 01060 JOANNE LEVIN, M.D. OFFICE OF THE Benjamin Wood, MPH, Director Javeria Mir, MPH, Health Inspector BOARD OF HEALTH Patricia Abbott, RN, Public Health Nurse 212 MAIN STREET Heather McBride, Clerk NORTHAMPTON, MA 01060 (413) 587 – 1214 FAX (413) 587 - 1221 rd February 3, 2011 Dear Northampton Community Preservation Committee members, I am writing to express my enthusiastic support for Grow Food Northampton’s application for CPA funds to design and implement the Florence Organic Community Garden. The Northampton Board of Health strives to make our community a healthy place to live and quite simply these gardens will go a long way in accomplishing that goal. Creating a community garden space that emphasizes educational opportunities while providing subsidies to members of our community with lower incomes helps accomplish the goal of “making the healthy choice, the easy choice”. We need to work as a community to reduce the barriers people experience in making good choices about the food they eat. While eating local and fresh foods is important, nothing is better than eating local and fresh foods that you grow yourself! I encourage the Community Preservation Committee to make a stand for public health and make funding this effort a priority. Sincerely, Ben Wood, MPH Northampton Board of Health February 3, 2011 To the Northampton Community Preservation Committee: I am writing in support of Grow Food Northamptonapplication for CPA ’s funds to design and create the Florence Organic Community Garden and Agricultural Education Site (FCOG) on the recently purchased Bean and Allard farm. I am writing as a longtime gardener at the Northampton Community Garden (NCG) and a member of the governing Garden Committee for a dozen years. The Garden Committee has noted a growing interest in gardening, particularly vegetable gardening, in the past several years. For a period of time in the late 1990’s, there were unused plots at the NCG; in recent years, there are more prospective gardeners than available plots, and increasing numbers of these gardeners have to be turned away. The proposed FCOG will fulfill a need for gardening space that the NCG can no longer meet. Although the NCG works to educate gardeners about a variety of topics— e.g., organic methods, water conservation, efficient plantings-- through our Newsletter and occasional gardening workshops, this has not been a primary focus. The proposed FOCG will not only offer gardeners space, but will have, as a major goal, informing them about good gardening practices. Since many new gardeners are also inexperienced, the emphasis on education will meet a real need. The planned outreach programs mean that FOCG will be an educational resource not only for their gardeners but for the larger community. Because I believe that the planned FOCG will both supplement and complement the opportunities afforded to gardeners by the present NCG, I strongly support their request for CPA funds. Finally, speaking as a Northampton citizen as well as a gardener, I have been in equal parts amazed, awed, and delighted by the way the community has come together to support Grow Food Northampton. Their goals—to preserve green space and to continue the agricultural tradition that is as much a part of Northampton as buildings and programs—have struck a chord in all us who love the city. I can think of no better use for CPA funds than to support them. Sincerely yours, Mimi Teghtsoonian 201 Warner St. Florence MA 01062  èíåûêøéûéçéèûóîûúð÷ûõêóùçðèçê÷öíê÷éèêãûîøùðóïûè÷ ÷Ä×ÙÇÈÓÆ×øÓÊ×ÙÈÍÊ  ö×ÚÊÇÛÊà òÍÛÎÎÛùÛÏÌ×  ìÊ×ÉÓØ×ÎÈ ø×ÛÊîÍÊÈÔÛÏÌÈÍÎùÍÏÏÇÎÓÈÃìÊ×É×ÊÆÛÈÓÍÎùÍÏÏÓÈÈ××ï×ÏÚ×ÊÉ øÛÆÓØõÛÓÛÎ  úÍÛÊØÍÖøÓÊ×ÙÈÍÊÉ ê×ÏÓÎ×ÊÛÐÓÂ×ÈÔ×÷ÛÊÈÔÐÍÍÑÉÖÍÊÅÛÊØÈÍÌÛÊÈÎ×ÊÓÎÕÅÓÈÔõÊÍÅöÍÍØ ÷Ä×ÙÇÈÓÆ×øÓÊ×ÙÈÍÊ òÍÛÎÎÛùÛÏÌ× îÍÊÈÔÛÏÌÈÍÎÈÍÊ×ÏÓÎ×ÊÛÐÓÂ×ÛÌÍÊÈÓÍÎÍÖÈÔ×éÍÇÈÔöÓ×ÐØÍÖÈÔ×ÖÇÈÇÊ× îÍÊÈÔÛÏÌÈÍÎùÍÏÏÇÎÓÈÃöÛÊÏÛÌÌÊÍÄÓÏÛÈ×Ðà ÛÙÊ×ÉÅÔÓÙÔÅÓÐÐÚ×ÙÍÏ× ìÊ×ÉÓØ×ÎÈ øÛÆÓØõÛÓÛÎ ÈÔ×öÐÍÊ×ÎÙ×íÊÕÛÎÓÙùÍÏÏÇÎÓÈÃõÛÊØ×ÎÉ ÷Ä×ÙÇÈÓÆ×øÓÊ×ÙÈÍÊ øÛÎñÓÈÈÊ×ØÕ× ÍÖÈÔ×ê×ÛÐöÍÍØùÛÏÌÛÓÕÎ  ùÔÛÓÊÏÛÎ åÓÐÐÓÛÏùôÍÐÏÚ×ÊÕ û ÏÛÈÙÔÓÎÕÕÊÛÎÈÔÛÉÚ××ÎÍÖÖ×Ê×ØÚÃì×È×ÊõÓÐÐÔÛÏÉîÛÈÇÊÛÐ úÓÍÏÛÉÉùÍÍÊØÓÎÛÈÓÎÕùÍÇÎÙÓÐÛÈ ûùíê÷ÍÊÕ æÓÈÛÐÓÈÃÛÏÓÎ×ÊÛÐÉÇÌÌÐ×Ï×ÎÈÙÍÏÌÛÎÃÚÛÉ×ØÓÎûÇÉÈÓÎè×ÄÛÉÖÍÊÈÔ× ìÊ×ÉÓØ×ÎÈì×È×Ê ñ×ÎåÔÓÈÏÛÎ ÛÌÌÊÍÄÓÏÛÈ×Ðà Î××Ø×ØÈÍÙÍÆ×ÊÈÔ×ÛÌÌÐÓÙÛÈÓÍÎÖÊÍÏÉÍÇÊÙÓÎÕ õÓÐÐÔÛÏtÉîÛÈÇÊÛÐæÓÈÛÐÓÈà ÚÐ×ÎØÓÎÕÛÎØÈÊÛÎÉÌÍÊÈÓÎÕÈÍÛÌÌÐÓÙÛÈÓÍÎå×ÅÓÐÐÚ×ÍÖÖ×ÊÓÎÕÛÎ×ØÇÙÛÈÓÍÎÛÐ é×ÎÓÍÊûØÆÓÉÍÊÖÍÊ õÊ×ÕåÛÈÉÍÎ ùÐ×ÛÎ÷Î×ÊÕÃè×ÙÔÎÍÐÍÕÃÛÈÈÔ× 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