Town of Southwick
Preservation Act grant Agreement
This Grant agreement is made this_______day of
______________, 2009, by and between the Town of Southwick, through its
Community Preservation Committee (hereinafter “Southwick CPC”) with an address
of 454 College Highway, Southwick MA 01077 and the Southwick Historical Society
with an address of____________________. The purpose of this grant Agreement is
to implement the following grant award:
name: Gillette Cigar Factory
Project Description: To move the
Gillette Cigar Factory from 213 College Highway to 86 and 88 College Highway to
the property owned by the Southwick historical society.
of Work: See Exhibit A.
Date of Final Appropriation:
The Grant Award is subject to the terms of this agreement, the Town of
Southwick agrees to award the Recipient one hundred and seventy five
thousand dollars ($175,000) from the FY 09 Community Preservation General
Unreserved Fund and one hundred and twnty five thousand dollars ($125,000)
form the Community Preservation Historical Reserves for a total sum of
three hundred thousand dollars ($300,000) for the above referenced
Application. The Project Application submitted to the Town of
Southwick, as may be amended by conditions of the CPC upon award, is
incorporated into this Grant Agreement.
The term of the Grant Award is ----------------years
form the date of the Towns execution of this Grant Agreement (the
“Commencement Date.”) All the work described in this Grant Agreement must
be completed no later than-----years after the Commencement Date (the
“Completion Date”.), unless the Town of Southwick grants an extension for
good cause shown.
Funds not utilized on the Project
must be returned to the Community Preservation Unreserved Fund and will be made
available for future appropriation to other recipients.
Other Sources of Funding. Prior to the commencement of the Work, the
Recipient must submit a complete project budget that accounts for (1) the
expenditure of all funds awarded under this Grant Agreement; and (2) all
other sources of funding, if necessary, to complete the project as
described herein. Recipients shall not expend any grant funds unless
sufficient sources of funding have been secured to complete the Work and
the Project Budget has been approved by the Town of Southwick.
If the Town of Southwick determines
that funds have been spent on goods or services not included in the Project
Budget or otherwise not authorized under the CPA, the Recipient shall be
responsible for repayment of such funds to the CPA fund.
Every three months until the Completion Date, the recipient shall provide
the Town of Southwick CPC with a written update on the progress toward
completion of the Work. A Final Report, including digital photo
documentation of the Project where appropriate, is due within 30 days
after the Completion Date. The Final Report shall be to the satisfaction
of the Town of Southwick, which approval shall not be unreasonably
All documents, including but not
limited to photographs, videos, etc. submitted to the Town of Southwick CPC
shall become the property of the Town
of Southwick and shall be available for use y the Town and available to the
public under the Massachusetts Public Records Law.
Restrictions. Every project that involves the acquisition of any
interest in real property with CPA funds shall be bound by a permanent
deed restriction that meets the requirements of M.G.L. c 184, limiting the
use of the interest to the purpose for which it was acquired. M.G.L. 44B,
Par. 12. where applicable, recipient agrees to the imposition of such deed
restrictions to allow the use and access of the
Gillette Cigar Factory as acceptable to the Town of Southwick CPC. The Winding River Land Conservancy, Inc. will hold the
conservation restrictions on behalf of the Town of Southwick.
with Laws and Agreement. Recipient understands and agrees that
projects funded through this Award are made pursuant to and must comply
with the requirements of the Community preservation Act, M.G.L. c. 44B.
Recipient also agrees to comply with all requirements of this Grant.
and Licenses. It is the obligation of recipient to obtain all permits
and licenses necessary for implementation of the Project. No local permit
or license is waived by award of the Grant.
Liability of the Town. By making this Award, the Town of Southwick
does not accept any liability whatsoever for any acts, omissions or errors
associated with the Project. Recipient agrees to indemnify and defend the
Town form all claims, suits or demands resulting from implementation of
Preservation Act Awareness. Upon completion of the Project, Recipient
agrees to post, in an appropriate location mutually acceptable to the
parties, a permanent sign stating that the Project was funded through the
Town of Southwick Community Preservation Act program. Recipient shall also
identify that the Project was funded through the Town of Southwick
Community Preservation Act in its written materials about the Project,
including press releases, brochures, etc.
Assignment. This Grant Agreement may not be assigned by recipient
without prior written agreement by the Town of Southwick.
Agreement. This Agreement constitutes the entire agreement between the
parties hereto, and may be amended only in writing executed by both the
Town of Southwick and the Recipient. Signatory below acknowledges and
avers that he/she has the authority to execute this Agreement on Behalf of
Executed as of this date set forth
The Town of Southwick Southwick
CPC Chairperson SHS