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HomeMy WebLinkAboutBLDR-23-12800- —_-- ONE & TWO FAMILY ONLY— BUILDING PERMIT Town of Yarmouth Building Department """'y 1146 Route 28, South Yarmouth,MA 02664-4492 508-398-2231 ext. 1261 Fax 508-398-0836 F:S Massachusetts State Building Code,780 CMR + , Building Permit Application To Construct, Repair, Renovate Or Demolish `"" a One-or Two-Family Dwelling This Section For Official Use Only Building Permit Number: i DR_! 3 -1 i;(..; Date Applied: Building Official(Print Name) Signature Date SECTION 1:SITE INFORMATION ,1 1.1 Prope ty Address: 1.2 Assessors Map&Parcel Numbers REGEI ED 1.1 a Is this an accepted street?yes no Map Number Parcel Num er ' ii i f06 )23 1.3 Zoning Information: 1.4 Property Dimensions: ___ DEPARTMENT Zoning District Proposed Use Lot Area(�q ft) Frontage(ft By 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required I Provided Required Provided Required Provided 0c 30 ( `i2, t 12r l2 ( (2 � 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public 011' Private❑ Zone: _ Outside Flood Zone? Municipal 0 On site disposal system 04'� Check if yes(x SECTION 2: PROPERTY OWNERSHIP' 2.1 Ai wner'of R cord: cN 1 tiwS HOLD 1 114.61._ o1,c`Zc, Name(Print) City,State,ZIP C S W 11 (6 J 2--7 z - 7(h3 i ri f-(-166# 6A4ku . cot-. No.and Street Telephone Email Address SECTION 3:DESCRIPTION OF PROPOSED WORK2(check all that apply) New Construction l /Existing Building❑ 1 Owner-Occupied 0 3 Repairs(s) ❑ Alteration(s) 0 ( Addition 0 Demolition 0 1 Accessory Bldg. 0 Number of Units Other 0 Specify; Brief Description of Proposed Work2: ' 01.5" 'tC"' ,q-P C S(' c .SQL VA. -Ill(SIX— 19-44.1 V K (-(-owt-id- . 2 C9S. T't SECTION 4:ESTIMATED CONSTRUCTION COSTS • Item Estimated Costs: Official Use Only (Labor and Materials) 1.Building $ ( t 1 1 0W I. Building Permit Fee:$ Indicate how fee is determined: 2.Electrical $ ❑Standard City/Town Application Fee (0 G ❑Total Project Costa(Item 6)x multiplier x 3.Plumbing $ 2 c r UZYO 2. Other Fees: $ • ' 4.Mechanical (HVAC) $ 22_t Nyo List: (P©y 00 C )/P5 to 5.Mechanical (Fire Suppression) $ / Total All Fees:$ Check No. Check Amount: Cash Amount: 6.Total Project Cost: $ 0 Paid in Full 0 Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5,1 Construction Supervisor License(CSL) License Number Expiration Date Name of CSL Holder List CSL Type(see below) No.and Street Type Description U Unrestricted(Buildings up to 35,000 cu.ft.)_ R Restricted l&2 Family Dwelling City/Town,State,ZIP M Masonry RC Roofing Covering • WS Window and Siding SF Solid Fuel Burning Appliances I Insulation Telephone Email address D 1 Demolition 5.2 Registered Home Improvement Contractor CHIC) HIC Registration Number Expiration Date RIC Company Name or HIC Registrant Name No.and Street Email address City/Town,State,ZIP Telephone SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.152.§ 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes No ❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETE])WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I,as Owner of the subject property,hereby authorize to act on my behalf,in all matters relative to work authorized by this building permit application. Print Owner's Name(Electronic Signature) Date SECTION 7b: OWNER' OR AUTHORIZED AGENT DECLARATION,. By entering my name below,I hereby attest under the pains and penalties of peijury that all of the information contained in this application is true and accurate to the best of my knowledge and understanding. rP' Ju H (Czif 62-14 23 Print Owner's or Authorized Agent's Name(Electronic Signature) Da e NOTES: I. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor ' (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program can be found at www.mass.sov/oca Information on the Construction Supervisor License can be found at www.mass.zov/dps 2. When substantial work is provide the information below: Total floor area(sq.ft.) _ (including garage,finished basement/atticlecks or porch) Gross living area(sq.ft.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system l;%G Q tr ,k 1, Number of deck porches I Type of cooling system C.- 00fN7)A.).iYL. Enclosed ¶ Open / 3. "Total Project Square Footage"may be substituted for"Total Project Cost" The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street,Suite 100 Boston, MA 02114-2017 44,m=Y� www.mrzss,gov/dig Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information PIease Print Legibly Name (Business/Organization/Individual): Q24 A' H Address: (}- 00 City/State/Zip: W: � 2)Ac i (I(,; it Phone #: (5e6 277 7� Are yo u u an employer?Check the appropriate box: Type of project (required): i.Q l am a employer with employees(full and/or part-time),* 7. w construction 2.0 I am a sole proprietor or partnership and have no employees working for me in any capacity.[No workers'comp.insurance required.] 9 8• [ Remodeling • 3. am a homeowner doing all work myself. [No workers'comp.insurance required.]t ID Demolition 4. am a homeowner and will be hiring contractors to conduct all work on my property. l will I0 El Building addition ensure that all contractors either have workers'compensation insurance or are sole 11.0 ElectTicaI repairs or additions proprietors with no employees. 5.01 am a general contractor and I have hired the sub-contractors listed on the attached sheet. I2'❑Plumbing repairs or additions These sub-contractors have employees and have workers'comp.insurance,( 13.E Roof repairs 6.E1 We are a corporation and its officers have exercised their right of exemption per IvIGL c. 14•❑Other 152,§1(4),and we have no employees. [No workers'comp. insurance required.] *Any applicant that checks box All must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy 4 or Self-ins.Lic. Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. .l do hereby certify a zder the pains and penalties of perjury that the information provided above is true and correct. Signature: Date: 2-•`( Z 3 Phone#: (� C S) -2,7 " 7 (7 c.33 Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): I.Board of Health 2.Building Department 3. City/Town CIerk 4.Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: "` TOWN OF YARMOUTH s 3 BUILDING DEPARTMENT ? ••':'1 =�/4.1 1146 Route 28, South Yarmouth,MA, 02664 508-398-2231 ext. 1261 HOMEOWNER LICENSE EXEMPTION PLEASE PRINT:DATE; 5 f 2- I Z 3 JOB LOCATION: P R(63( .w 2-9 [' L(..i to fr- NAME STRET A DRESS SECTION OF TOWN "HOMROWNER" ki- H1 'N►J' 5 217 -7 G 6 r S40/A-E- NAMP HOME PHONE WORK PHONE PRESENT MAILING ADDRESS nil NI I 1 6 .(; 1n-l4-( l- _ ('0r L St-- c tipl (-1-OLD( AA fr O (S2z CITY OR TOWN STATE ZIP CODE The current exemption for `Homeowner' was extended to include owner—occupied dwellings of one or two units and to allow such homeowners to engage an individual for hire who does not possess a license,provided that such homeowner shall act as supervisor. (State Building Code Section 110 R5.1.3.1) Definition of Homeowner; Person(s)who owns a parcel of land on which he I she resides or intends to reside,on which there is or is intended to be, a one or two family attached or detached structure assessory to such use and I or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner;such"homeowner"shall submit to the building official,on a form acceptable to the building official,that he/she shall be responsible for all such work performed under the building permit. (Section 110 R5.1.3.1) The undersigned `homeowner' assumes responsibility for compliance with the State Building Code and other applicable codes, by-laws, rules and regulations. The undersigned 'homeowner' certifies that he / she understands the Town of Yarmouth Building Department minimum inspection procedures and requirements and that he / she will comply with said procedures and requirements. HOMEOWNER"S SIGNAT URE 4i, L1-)//e_y,t, —. APPROVAL OF BUILDING OFFICIAL INSURANCE COVERAGE: I have a current// liability insurance policy or its substantial equivalent, which meets the requirements of MGL Ch.142. v No If you have checked ves, please indicate the type coverage by checking the appropriate box. A liability insurance policy Other type of indemnity Bond OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws and that my signature on this permit application waives this requirement. heck one: Signature of Owner or Owner's Agent V Owner Agent h:homeownrlicexemp §TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext.-1261 Fax 508-398-0836 Office of the Building Commissioner BUILDING DEPARTMENT DEMOLITION DEBRIS DISPOSAL AFFIDAVIT Pursuant to M.G.L. Ch. 40, §54 and 780 CMR- Section 105.3.1. #4. I hereby certify that the debris resulting from the proposed work/demolition to be conducted at 2-1 ( ty LA-Pc Work Address Is to be disposed of oat the following location: l ' CET- t PC Said disposal site shall be a licensed solid waste facility as defined by M.G.L. Ch. 111, §150A. 6171( 1�-3 Signature of Application Date Permit No. ONE or TWO FAMILY— BULDING PERMIT APPLICATION REGULATORY APPROVALS NOTICE Address of Proposed Work: 2-- CI ', D C-14 . Scope of Proposed Work: /JR S 1 itJ rA-1I&C c I C 44 Z- a) oE-'--(roves Date: C2,3 Based on the scope of work described above, the applicant is required to obtain approval sign- offs from the following departments as checked-of below: Health Dept.—508-398-2231 ext. 1241 Conservation —508-398-2231 ext. 1288 Water Dept. —99 Buck Island Road, 508-771-7921 Old Kings HWY. Hist. Comm. —508-398-22631 ext. 1292 Engineering Dept.—508-398-2231 ext. 1250 Fire Dept. —Kevin Huck/Scott Smith, 96 Old Main Street, SY Note: Please call Fire Department for an appointment. 508-398-2212 Other Appropriate plans and/or application shall be provided to each departments checked-off above, Each of these regulatory authorities has their own requirements outside the jurisdiction of the Building Department. All applicable approvals shall be obtained prior to submitting a building permit application to the Building Dept. Thank you for your cooperation. Receipt Acknowledgement: U Applicant's Signature Date Rev.Jan. 2019 DigiSign Verified: 42822C:71 -57Ar'-4D61i-BB9D-146911+644E3 From the Office of: Matthew P. Fitzsimmons, Esq. Law Office of Matthew P. Fitzsimmons, P.C. 965 Route 28 South Yarmouth, MA 02664 Tel. 508-827-4078 Fax 508-815-1325 Email: Matt@Fitzsimmons-Law-Office.com PURCHASE AND SALE AGREEMENT This 1st day ofJune , 2023. 1. Parties and Mailing Address: CATHLEEN C. MONAHAN, of 32 Reflection Way, South Yarmouth, MA 02664 (hereinafter called the SELLER) agrees to SELL, and ERIN HIGGINS, of 6 Shady Lane, Holden, MA 01520 (hereinafter called the BUYER or PURCHASER) agrees to BUY, upon the terms hereinafter set forth, the following described premises: 2. Description Land at 29 Barnboard Lane, West Yarmouth, Barnstable County, Massachusetts 02673, and being Lot 46 on Land Court Plan 30949-F, as more particularly described in a deed recorded in the Barnstable Land Court Registry at Document No. 531,886 (Certificate of Title No.123968). 3. Buildings, Structures, Improvements, Fixtures Included in the sale as a part of said premises are all improvements now thereon, fences, gates, trees, shrubs, and plants. All are conveyed in "as is" condition as of the time of the Offer to Purchase. 4. Title Deed Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the nominee designated by the BUYER by written notice to SELLER at least seven days before the deed is to be delivered as herein provided, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except (a) Provisions of existing building and zoning laws; 1 L)igiSign Verified: 42822C71 -57AF-4D6B-t3139D-146911- 644E3 • (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; (d) Any liens for municipal betterments assessed after the date of this Agreement; and (e) Easements, restrictions and reservations of record, if any, so long as the same do not interfere with the BUYER's intended use of said premises, to wit, the construction of a two (2) bedroom single family residence. 5. Plans If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6. Registered Title In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title. 7. Purchase Price The agreed purchase price for said premises is One Hundred Eighty Thousand Dollars and No/100 ($180,000.00), of which $ 1,000.00 deposit paid with the Offer $ 34,000.00 are to be paid as an additional deposit upon the signing of the Purchase and Sale Agreement $ 145,000.00 are to be paid at the time of delivery of the deed by certified, cashier's, treasurer's, bank, or attorney's client trust fund or IOLTA check(s), all of which shall be drawn on a Massachusetts bank. $ 180,000.00 TOTAL 8. Time for Performance; Delivery of Deed Such deed is to be delivered at 12:00 PM on June15, 2023 at the Barnstable County Registry of Deeds or at Buyer's counsel's office within the County of Barnstable, unless otherwise agreed upon in writing. The parties hereby agree that the Seller and/or Seller's Counsel shall not be required to attend the Closing and may pre-execute and deliver all documents via Power of Attorney, provided the deed is signed personally. It is agreed that time is of the essence of this agreement. 2 L)igiSign Verified: 42822C7E-57Ar'-41)6B-13139D-146911'F'6441;3 9. Possession and Condition of Premises Full possession of said Premises free of all tenants and occupants, except as herein provided, is to be delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning laws, and (c) in compliance with provisions of any instrument referred to in clause 4 hereof. The BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. Extension to Perfect Title or Make Premises Conform If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions hereof, the SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of up to thirty (30) days, but not beyond BUYER's mortgage rate lock or commitment expiration, and Seller shall not be obligated to expend more than $2,500.00 to satisfy this provision, exclusive of mortgages, taxes, voluntary liens, and attorney's fees. 11. Failure to Perfect Title or Make Premises Conform If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any time during the period of this agreement or any extension thereof, the holder of a mortgage on said premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. Buyer's Election to Accept Title The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the premises to their former condition, either 3 L3igiSign Verified: 42822C7E-57AF-4D613-13139D-14691FF644E3 (a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration, or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of said mortgage less any amounts reasonably expended by the SELLER for any partial restoration; or (c) the BUYER may elect to terminate this agreement and receive refund of all deposits made hereunder. 13. Acceptance of Deed The acceptance and recording of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. 14. Use of Money to Clear Title To enable the SELLER to make conveyance as herein provided, the SELLER shall, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed or thereafter in accordance with local conveyancing practice. 15. Insurance Until the recording of the deed, the SELLER shall maintain insurance on said premises as follows: Type of Insurance Amount of Coverage (a) Fire and Extended Coverage As presently insured All risk of loss shall remain on the SELLER until recording of the deed. 16. Adjustments Real estate taxes for the then current fiscal year, and association dues, if any, shall be apportioned, as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. 17. Adjustment of Unassessed and Abated Taxes 4 L)igiSign Verified: 42822C7E-57AF 4D6B-BB9D-14691F'F'644E3 If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. Broker's Fee A Broker's Fee for professional services of$9,000.00 (5.0%) is due from the SELLER to LAER REALTY PARTNERS, who shall then pay out of said fee $4,500.00 (2.5%) to WILLIAM RAVEIS REAL ESTATE, the Broker(s) herein, but only if, when and as the full purchase price is paid and deed recorded and not otherwise. 19. Broker(s) Warranty The Broker(s) named herein warrant(s) that the Broker(s) is(are) duly licensed as such by the Commonwealth of Massachusetts. 20. Deposit All deposits made hereunder shall be held in escrow by LAER REALTY PARTNERS, as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement. In the event of any disagreement between the parties, the escrow agent shall retain all deposits made under this agreement pending instructions mutually given in writing by the SELLER and the BUYER, or by a final judgment by a Court of competent jurisdiction. 21. Buyer's Default Damages If the BUYER shall fail to fulfill the BUYER's agreements herein, all deposits made hereunder by the BUYER shall be retained by the SELLER as liquidated damages. This shall be the SELLER's sole remedy either at law or in equity. 22. Release by Husband or Wife The SELLER's spouse, if any, hereby agrees to join in said deed and to release and convey all statutory homestead and other rights and interests in said premises. 23. Broker as a Party The Broker(s) named herein join(s) in this agreement and become(s) a party hereto, insofar as any provisions of this agreement expressly apply to the Broker(s), and to any amendments or modifications of such provisions to which the Broker(s) agree(s) in writing. 5 I)ig Sign Verified: 42822C7E,-57AF-4D611-BH9D-146911••'F644t 3 • 24. Liability of Trustee, Shareholder, Beneficiary, etc. If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder. 25. Warranties and Representations The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction, nor has he relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing, except for the following additional warranties and representations, if any, made by either the SELLER or the Broker: None. Buyer has had the opportunity to have the property inspected by professionals of Buyer's choice, relies solely on said results in entering into this transaction, and accepts the property in its present "as is" condition. 26. Mortgage Contingency Clause In order to help finance the acquisition of said premises, the BUYER shall apply for a conventional residential mortgage loan of not more than $140,000.00 at prevailing rates, terms and conditions. If despite the BUYER's diligent efforts, a commitment for such loan cannot be obtained on or beforeJune 9, 2023, the BUYER may terminate this agreement by written notice to the SELLER, prior to the expiration of such time, whereupon any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. . In no event will the BUYER be deemed to have used diligent efforts to obtain such commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing provisions on or before three days from the date the Buyer receives a fully signed copy of this agreement. 27. Construction of Agreement This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 6 L)igiSign Verified: 42822C7E-57AF-4D613-B139D-14691F'F'644E3 28. Lead Paint Law Not Applicable —Vacant Land. 29. Smoke Detectors and Carbon Monoxide Detectors Not Applicable —Vacant Land. 30. Additional Provisions A. Notices. All notices required to be given hereunder shall be in writing and deemed duly given when: hand delivered, or sent via recognized express/overnight carrier, or placed in the US Mail postage prepaid or by registered or certified mail, return receipt requested, postage and registration or certification charges prepaid with proof of receipt, or sent via facsimile with proof of delivery and transmission, or sent via e-mail with proof of delivery and transmission, addressed as follows: If to Seller: Matthew P. Fitzsimmons, Esq. Law Office of Matthew P. Fitzsimmons, P.C. 965 Route 28 South Yarmouth, MA 02664 Tel. 508-827-4078 Fax 508-815-1325 Email: matt@fitzsimmons-law-office.com And if to Buyer: Michael F. Stone, Esq. Stone & Reid 1292 Route 28 South Yarmouth, MA 02664 Tel. 508-398-1699 Email: mfstoneesq@comcast.net Or to such other address or addresses as may from time to time be designated by either party by written notice to the other. Buyer and Seller hereby authorize their respective attorneys named above to execute on their behalf extensions, modifications, notices and other documents affecting this Agreement or in connection with the conveyance and financing of the Premises contemplated hereby. Facsimiles of signatures shall be deemed originals for purposes of the execution of this Agreement and any modification. B. The parties acknowledge and agree that this Agreement may be signed in counterparts, and for purposes of this Agreement, facsimile or electronically scanned signatures shall be construed as original, provided however that no party shall avoid any obligation hereunder by failing to provide such original signature. 7 UigiSign Verified: 42822C7E-57Ak'-4D6B4-3139D-14691 F644E3 C. Both Buyer and Seller hereby acknowledge that they have been offered the opportunity to seek and confer with qualified legal counsel of their choice prior to signing this Agreement. D. BUYER's performance on this Agreement is contingent upon BUYER obtaining, prior to Closing and at BUYER's sole expense, satisfactory buildability determination from the Town of Yarmouth to construct a dwelling for not less than two (2) bedrooms with a conventional Title 5 system (as distinct from an enhanced nitogen removal syatem). E. Subject to Addendum A attached hereto and incorporated as if fully set forth herein. FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978, BUYER MUST ALSO HAVE SIGNED LEAD PAINT "PROPERTY TRANSFER NOTIFICATION CERTIFICATION" NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney. Ttifi�ReA Buyer: IN HIGGINS I/,_,f_/J_�/� dotloopverifietl v�GGfLGEf'.! (��/��f� 06/02/23 11:30 AM EDT QOXY-QWEO-VBU-BOPZ Seller: CATHLEEN C. MONAHAN 8