HomeMy WebLinkAbout1989-10-05 Legal Document SPR COVENANTS
WHEREAS, EDGEWOOD LIFE CAME, IUC. (Edgewood) has entered
into an agree-rent with SA JEL STEVENS ROGERS (Rogers) for the
purchase from Rogers of a 62-acre parcel of lard off Osgood and
Stevens Street, North Andover, Massachusetts;
WHEREAS, the purpose of the prospective purchase is to allow
the development of a Continuing Care Retirement Center (CC RC) on
the site if approved by the Annual Town Meeting of the Town of
North Andover which commences on May 2 , 1998 ;
WHEREAS, in order to develop a CCRC on the site, final
approval after Torn Meeting will be required by the Town Planning
Board and other municipal agencies;
WHEREAS, Edgewood .arid Rogers are willing to impose certain
covenants on the site which will run with the land;
NOW, THEREFORE, Edgewood and Rogers covenant and agree to
the following:
1 . Edgewood and Rogers submit to the juri8diction of the
Wotan and the Planning Board in the acceptance by the Town and the
Planning Board of the covenants contained herein. The Planning
Board shall have the authority to inplenent, -monitor and enforce
the covenants contained herein as part of the definitive plan
review, site plan review and the Special - Pernit by the . Planning
Board in Article 27 in the Town Warrant.
2 . Edgewood and Rogers agree that the Planning Board shall
act as the agency of the Town in the acceptance and enforce-ment
of the covenants contained herein.
3 . Edgewood and Racers agree that the Planning Board has
the powsr to exercise its discretion with respect to the
covenants contained herein and is empowered to vary the covenants
in any contingency not now existing or anY contingency which
oannot be now foreseen.
4 . Edgewood agrees that there will he no construction in
the Lace Cochichewick Watershed, as it has been presently
constituted and defined by the 'down. The actual Watershed line
shall be determined by a survey conducted by a registered
Professional engineer.
5. The permanent conservation ease-tent, as required by the
Provisions of Article 27 and as applied to the Edgewood project,
shall include all common open space and not merely the portion of
the property in the Watershed. The conservation easement shall
Permit the use of the open space by residents and guests of the
facility for walking, exercising and other such activities.
'. The Planning Beard shall have the authority, pursuant t
the, definite plan review, site plate review' and Special permit
1.
process as set forth in Article 27, to 'require reasonable changes
in. the siting of the building for the project.
7 . Rogers agrees to continue the operation of Edgewood
Farm, on the parcel immediately adjacent to the project site, in
the sage or substantially the same manner as he 'presently
e�pera es it, and not to convert the Farm to another use, without
t:he speeif'ieapproval of the Planning Beard, for .a period of five
years from, the date of the close of the 19,88 Town Meeting.
Rogers shall not be obligated to rebuild or replace, any building
or buildings on Edgewood Farm which may he destroyed fire or
ether causes.
S . In the purchase and sale agreement between Edgewood and
Rogers, Rogers has agreed to chive Edgewood a right of first.
refusal on the sale of Edgewood Farm as it will he located
adj�aeent, to the project site. Edgewood agrees to assign to the
Town of North Andover its said right of first refusal , as
contained in said agreement. If the Town exercises the, right of
first refusal and purchases Edgewood Farm, the deed conveying the
Farm is the Ton will contain a permanent restriction that the
Farm may he used by the '"Town only as open space or for a school
building site and not �for a use such as a town garage, storage,
building cr any other use...
. The :Planning Board will be reasonable and exercise ,good
faith in the administration and. implementation of the covenants
contained herein
This, agreement and the covenants contained herein are
conditioned on the passage of Article 7 ; on the Passage of
Article 32 as contained in the Town 'Warrant, on a successful
closing conveying the project site to E gewoo � on final approval
of all state and municipal agencies;, on. the development of a CCRC
on the site; and on, the fulfillment of the provisions of this
agreement.
IN WITNESS WHEREOF, Edgewood Lie Care, Inc. and Samuel
Stevens Rovers have hereto set, their hands and seals this grad day
of May, 1988 .
EDGEWOOD LIFE CARE, INC.,
B,
aml Stevens Rogers