HomeMy WebLinkAboutRegulatory Agreement Recorded 2005.6.7 - Legal Document - 0000 Meetinghouse Road 6/7/2005 To 4->lz-t15
To 6-7-05 John T. Smolak,Esq. Cover letter for Change of NEF Program lender and 5-27-05
change-highlighted Regulatory Agreement&Deed
Meetinghouse Commons Monitoring agreement 5-27-05
NA ZBA Minor Modification ...Second Amendment[lender change] 6-7-05
Meetinghouse Commons Regulatory Agreement,Exhibit A, &Deed Rider 6-7-05
2005.003-Meetingbouse Conznions at Smolak Farm Page 4 of 4
BK 9653 P6 30
99GULA'TT0-RY AUl :ill+ N
(FEII:.,OR-NM ENGLAND FEND]
For Ownership Projects
This Regulatory Agrcarncnt(this"Agreement')is numic this 7th day of uns,201S by and
between Meatinxltoerse Qommgn�g ,a Massachusetts limited liability company having an
address at 121 ' ld Roa XpAkAWaygY, duga tf01M ("Developer"),and
Stomhaml3ank-_A C ative�"p� Marttvale y�nt,e., lnt�elt m..MaR4ac}�asetts
02180 Adn;Janet Spoor.Senior Vice Ftes ant"a member institution of the Fe lend Home
Loan Bank of Boston(the"Bark).
BACKGROUND,.
A. The Developer intends to construct an§8.unit homeawnetshlp development on u
1 .92-acre site gff SouJh Jbdkadnd Dalo Stmots in North Amtor+.er.Massachusetts,mare
particularly described in Ewbibit A art iched to acid made a part ofthis Agree rnant(the"Project"
B. 'fire Developer has received a comprabonsive permit(the"Comprehensive
r .•
Permit')from the Town of North Andover,by and through its Zoning Board of Appeals(the za
"Mwticipality'')under Chapter 40B of the Massachumtls Ce fteml IAws,which permit is
mcoWed at the ELseii North District Registry of Deeds in_l lR ,Pane a9(the"Regisit�`'��;
C. The Comprehensive Permit has specified that?a uaita,or 7,�%of tho total units=:
in the Project will be affordable units{the"Affordable Units")which will be subject to this e;
Regulatory Agreement to restrict the sale of the Affordable Units;to qualifying low or moderate
income:buyers pursuant to the Federal Home t.oan Bank of Boston's New England Fund
("NE ")Pmgram and Chapter 4013.
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D. Pursuant to the terms of this Regulatory Agreement,the:Affordable Units will be
sold to households earning no more than eighty percent(80%)of the median income,by
household size, for the wr -NH eMSA Area(the"Base income'l as published from �
time to time by the Depart,ncnt of Housing and Coaununity Development of the Cornmrrnwealth �
of Massachusetts or successor agency("D140)")<
E. The Project is being financed under the Federal Homo Loan Hank of Boston's
Now England Fund (°`NPF")aM the NRF rewires that the Developer provide the number of
Affordable Units described above;
F. Pursuant to the requirememis of the Comprehensive Permit and this Regulatory
Agreernant,the Developer has agreed to retain Citizens' Mousing and Planning Association,Inc,
(the"Monitoring Agent")to perform moinitoling and enforcement services regarding compliance
of the,Project with the Affordability Roquirement and compliance of the Developer with the
Limited Dividend Rquirement.
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G. The Affordable Units shall be specifically designated in the Master Deed
cstablighing the ll Winghouse.Commons Condominium,which Master Deed shall be recoWed at
the Registry prior to tx:cupancy of the Units. The Affordable Units 511e11 he referred to as the
Affordable Units in the Master Deed. j
H. 'Me Municipality has agreed to become the holder of the affordable housing
restriction,as defined in M.G.L. c. 184,secs.26,31,32 and 33,as approved by the Department
of Housing and Community Development as evidenced herein,
NOW,THER +FORE,in consideration of the agreemcnts ad covenants set forth in this
Agreement,and other good and valuable consideration,the receipt and Su€fiGiency of which are
acknowledged,the Developer and the$arc agree and covenant as follows:
1. it Desiglnfiqn. The distribution of the Affordable Units by unit size shall be as
set forth below:
2BR
Number of Units 22
Unit.s/Lots Nos.
Initial Market Appraised'Value $
Initial.Affordable price(the initial1fa2.
Certified Sale Price) .
The Certified Sate Price of an Affordable Unit shall be the price such tW a household earning
the}lase Income for a family of three would-pay no more than 33%of gross income for the$urn
of annual debt service on a mortgage of 95%of the Certified Sales Price(including principal and
interest at current interest rates)plus property taxes,insurance and any condominium/
homeowner association fees. The Af'fordalrla Units shall be specifically designated in the Master
Deed establishing the Meetinghouse Cornmdns Condominium,which Master Deed shad be
recorded at the Registry prior to owupartcy of the Units. The Affordable Unit are mall be
referred to as the Affordable Units ill the Master Dmd,
2. Affordabi.�y. Except as specifically provided iu the Deed Rider attached as
Exhibit A the Affordable Units ShW be sold to housebwds which.have att annual income equal
to or less than the Base Income as adjusted from time to time according to D11CD gtddelines,
The first laic of an Affordable Unit by the Developer shall be at a price not in
excess of the initial Af brdable Nce set forth in SeCdOn I of this Agreement for that Affordable
Unit,as the same may be adjusted by the Monitoring Agent consistent with the affordability
Provisions set forth in this sertlon and in Sectfolt t above, Subsequent sale,of Affordable Units
shall be for sale pticcs as determined by the Monitoring Agent under the definitions set forth in
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BK 653 FG 308
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this section and in section I above as the same may be adjusted in ac:corclance with DHCD
guidelines(the"Maximum Sale Price").
3, 'dens. At the time of We of the Affordable Units by the Developer,the
Developer shall execute and shall as a condition of We cause the purchawrs of the Affordable
Units to execute a deed rider substantially in the form of•1~,xlu`hit B attached to and made a pact of
this Agreement(ouch a"Deed Rider"), Each Deed ii;ider shall require the unit owner at the time
he/she desires to tell the Affordable Unit to notify the Monitoring Agent so that the Monitoring
Agent can make a determination of the Maximum Resale Price, The owner of the Affordable
Unit must thereafter offer the unit to the Municipality at the Maximum Resale Pride. The
Municipality may or may not exercise its right-of-first redfusal at its sole discretion,and if not,the
seller mast find a purchaser who meets the income guidelines.
If the Affordable Unit owner is unable to find an eligible purchaser within a 120
day period from the date the Affordable Unit was put on the market,as determined by the date of
the first advertisement For sale,or the date an agreement was signed with a listing broker to
market the Affordable Unit,the seller can sell the Affordable Unit to any person,regardless of
his/her income and at the Maximum Resale Price,provided that ft affordability of'each
Affordable Unit will be prugerved each time that subsequent resale of the Affordable Unit occurs
during,the period of affordability specified in this Agreement and as more clearly specified in the
Deed Rider.
The Deed Rider requires the Affordable Unit owner and any purchaser to execute
at the time of resale a similar Deed Rider which shall be attached to and made a part of the deed
frown the owner to the purchaser,so that the affordability of each Affordable Unit will be
preserved each time that subsequent resale of the Affordable Unit occurs during the period of
affiordability epecif ed in this Agreement.
4. Divid .j' i,�r ttaation Developer agrees that the profit to the Developer or to the
partners,sbarehalders,or other owners of Developer or of the Project shall not exceed twenty
percent(20%)of total development hosts of ft Project,exclusive of devolopment fees(the
,`Allowable Profit"). Upon issuance of a final Certificate of Occupancy for all of the units in the
Project,the Devoloper•shall deliver to the Monitoring Agent an itemized statement of total
development costs together with a statement of gross sales revenues from the Project received by
the Developer to date certified by the Developer e'Cortified Costs and Income Statement"), if all
units in the Project which are offered for sale have not been sold as of the date the Certified Cost
and Income Statement is delivered to the Monitoring Agent,the Developer shall at least once;
every ninety(90)clays thereafter,until such time as all of the units which are offered for salo are
said,defiver to the Monitoring Agent an updated Certified Cost and Income Statement, After all
units in the Project which are of%red for sale have been sold,the Developer shall deliver to the
Monitoring Agent a final Certified Cost and Income.Statement. All profits from the Project in
excess of the Allowable Profit Shall be paid by the Developer to the Municipality for deposit in
an affordable housing Lund to be expended by the Municipality t'or the purposes of encouraging,
creating or subsidizing the raonstruction or rehabilitation of affordable housing elsewhere in the
Municipality, The Allowable Profit shalt be measured as the excom of certified income,less any
brokerage£cell and commissions and selling expenses over certified costs and less all
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development costs related to the Project includiug costs incurred by the developer as
administrative and overhead expezwes which do not exceed four percent(4%)of total
development crests,excluding such adminia;traiive and overhead costs. Acceptable development
costs include,but are not limited to,the cost of site acquisition, defined as that land value which
can beunderwritten by the project and which can bc;supported by the subsidizing entity's
appraisal upon which its construction loan is based.
5. Affi magv keti The Developer shall not discriminate on the basis of race,
creed,color,sex,age,handicap,marital status,national origin or any other basis prolubited by
law in the selection of the buyers for the Affordable units. The Developer shall affirmatively
maerkot the Affordable Units to minority households through direct outreach efforts to local
churches,social service and civic organizations as well as local and area-wide newsprint media
where minority households,are mast likely to be contacted. This outreach effort must continue
for a period of at least 60 days prior to the scicWon of buyers for the Affordable Units, The
Developer agms.to maintain for at lamst five(5)years following the sale of the Affordable
UnWq,a record of all newspaper ads,outreach letters translations,leaflets;and any other outreach
efforts which may be inspected by the Monitoring Agent or the Municipality.
6. H=rdin . Upon execution of this Agrecsrnent,the Developer shall immediately
cause thifi Agreement Io ba rwc ojrded or filed with the Registry. Upon recording and/Ur Filing as
applicable,the Developer shall immediately transmit to the Bank,the Municipality, and the
Monitoring Agent evidence of such recrrrdittg and/or filing.
7. Homm atatious. The Developer represents,covenants and wiumnts as follows:
(a) The Developer(i)is a limited 11 bility company duly organized under the laws
of tine Commonwealth of Massachusetts,and is qualified to transact business
under the laws of this state;,(ii)has the powar and authority to own properties and
assets and to carry on its business as now being conducted,and(iii)has fall legal
right,power and authority to execute and deliver this Agreement.
(b) 'Me,execution and perforinance of this Agreermt by the Developer(i)wiu not
violate or,as applicable,lots not violated any provision of law,rule of regulation,
or any order of any court or other agency or governmental body,and(ii)will not
violate or,as applicable,has not violated any provision of any indenture,
agreoment,mortgtagp,mortgage i totc or other instrument to which the Developer
is a party or by which it or the Project is bound,aarad(iii)will not result in the
Lwaticln or imposition of any prohibited encumbrance of any nature.
(c) The Developer will,at the time of execution and delivery e)f this Agreement,have
good and marketable title to the Project,`red and clear cif any lien or encumbrance,
subicct to the encumbrances created pursuant to this Agreement,any loan
doctimenLS relating to the Project,or other pa3rmitted ware mbrances.
8. v La v t ilit . This Agreement shall be governed by
the laws of the Commonweaalth of Massachusetts. Any amendments to this;Agreement must be
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K 9653 PG 310
in writing and executed by all of the parties to this Agrfinent, The invalidity of any clause,
par#,or prQvi',iQn of this Agmemont shall not affect the validity of the remaining portions of this
Agreement. In the event of any ambiguity or dispute us to the interpretation of any provisions in
this Agreement,then this Agreement shall be interpreted in accordance with the generally
amepted practices at this time of issuance of the projet.1 eligibility letter.
q. > t Aunt. The Developer shad retain CHAPA as the Monitoring Agent
for purposes of monitoring Developer's performance under this Agreement pursuant to a
Monitoring Services Agreement acceptable to the Monitoring Agent and the Bank. All notices
and reports required to be submitted under this Agreement shall be subttaitted directly to the
Monitoring Agent, The Monitoring Agent shalt have authority to act in ail matters relating to
this Agreement.
10. Not ems All notices to be given pursuant to this Agreement shad be in writing
and shall be deemed given when delivered by hand or when maile;f by certified or registered
mail,postage prepaid,return receipt requested,to the patties to this Agreement at the addresseti
set forth below,or to such other place a.S a pally may from time to tulle,desigte by written
notice with a esnpy to the Monitoring Agent-.
Developer;
Met4inghOUR Cola coons,LL
121 Carter Field Road
North Andover,Masqarbusetts 01845
Bank; Attn: Thomas D.7.ahoruiko, Manager
'
StonchamBaok -A Co-Operative Bank
80 Montvale Avenue
Stoneham, MWsachusctts 02180
Attn:Janot Spencer,Senior Vice President
Municipality:
Zoning Board of Appals
Town of North Andover
400 Osgood Street
North Andover,Massachusetts 01845
Attn: Chairperson
Monitoring Agent:
Cit OR-9 Housing and planning Association,Inc.
18 Tremont Street
.T3oston, Massachusetts 0214)8
Attention: Lx0cutive Director
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11. T . The term of this Agreement shall be that which is identifW in the
Coinptr-hensive Permit DecIsiont dated May 24,2002, as the same may be amended from time to
time(the"Comprehensive Permit 1)ecision")artd shall terminate with respect to each of the
Affordable Units on the date on which the Deed Rider attached as Exhibit B is no longer
applicable t such Affordable Unit. The recording of a discharge of this Agreement executed by
the Monitoring Agent shall evidence the end of the term of tills AW.eemcrtt.
12. kucMqsoIs • s' . The Developer intends,declares and covenants on
behalf of itself and its successors and assigns(i)that this Agreement and the covenants,
agreemcnis and restrictions cont,ainM in this Agreement shall be and are covenants running,.with
the land,encumbering the Project for the term of this Agreement and are binding upon the
Developceq sue ccssors in title,(ii)are not inemy pmonal covenants of the Developer, and
shall bind the Developer,its successors and assigns for the term of this
Develr
agrees that any and all requirements of the laws of the Commonwealth Of Massachusetts toobio
satisfied In order for the provisions of this Agreement to constitute restrictions and covenants
running with the land shall be decreed to be satisfied in.Cull and that any requirements of privity
of estate are also deemed to ire satisfied in full.
'13• foul If any default,violation or breach by the Developer under this
Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30)days ufter
notice to the,Developer thereof,then the Monitoring Agent may send notif3cxtion to the Bank
file FiII�BB that the Developer is in violakion of the terms and conditions of this Agreement.
The Bank and/or the FF"B may exercise any remedy available to lheM,including calling its
advance under the NEF or increasing the interest rate on ouch advanrce. The Municipality or the
Monitoring Agent ntay also exercise any legal remedy available to them. The Developer shalt
Pay all costs and expenmg, includingle
gal fe M incurred by Monitoring Agertt in enforcing this
Agreement,and,in the event of any action by the Monitoring Agent against the Developer,the
Monitoring Agent shall be entitled to seek an attachment against the Develo tT s pro
including,without limitation,its interest in the Project. The MOnitoring Agent may
On the Project by recordinWfiling one of more,certificates setting forth the Amount of theect costsien
and expenses due and owing in the Re 'st . A arch� t`Y user of Th
e h. P "e ro ct of
be liable for the payment of.any unpaid costs and expenses which w e the an pojecrt
of a of rt shal
recorded/fled cerflfs�catc prior to the pumhaser`s acquisition of the Project or portion thereof.
14. Mort g -�flt. The Developer represents and warrants that it h as obtained
the consent or subordination of all eXisting Mortgage"of the Project to the execvtiou and
recording of this Agreement and to the terms and conditions Of this Agreement an il that ali such
w0ttgagees have axecuted a consent or sulwrdination to this Agreement which shall be
recorded/filed herewith.
15. A r lhie ou a „ice. 'Phis Agreement and all of the covenants,
agreements and rrstrir lions containers heroin A811 be deemed to be an a&rdable housing
restriction as that term is dermed in G.L.c, 184,§31 and as that term er.s mod in G.iL.c. 2b,
184,§
31,32 and.33,subject to the conditions cvgtttincd within the D;ed Ridr for each Affordable
paity,and
Unit. This Agreement is made for the benefit of the lViunici
deemed to he the balder of the affordable housing restrictionreated byh�Muni Shall Ile
ts Atentetty ul, '2"h
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BK 9653 PG 312
Municipality has determined that the acquiring of such affordable Imussing restriction is in the
public interest. Further,the Resale Restriction contained in each of the Med Riders which are
to encumber cash of the Affordable Units at the Project pursuant to the requirements of this
Agreement shalt also constitute an affordable housing restriWon as that terns is defined in G.I.c.
184,§31 and as that term is used in G.L.a 184,Of 26,31,32,and 33,subject to the conditions
contained within the Deed Rider for each Affordable Unit. Such Resale Restrictions shall be for
the benefit of the Municipality and the Municipality shall be deemed to be the Bolder of the
affordable housing restriction created by the Resale Restrictions in each of the Dead Riders. The
Municipality has determined that the acquiring of such affordable housing restriction is in the
public interest. To the extent that the Municipality is the holder of the Resale Restrictions to be
contained in each of the Deed Riders,the Director of the DHCD by the execution of the
Certificate of Approval attached to and made a part of this Agreement hereby approves such
Resale Re,9tricdom in each of the Deed Riders for the Affordable Units of the Project as required
by the provisions of G.L.c. 184, §32.
16. &sponsibility of Moni,WdUgtent. 'Mr-Monitoring Agent Shall not be held
liable for any action taken or omitted under this Agreement so long as it shall have acted in good
faith and without gross negligence,
17. IndgUMWication. The Developer,for itself and its succemom and ass,gm,agrees.
to indemnify and hold bless the Monitoring Agent against all damages,coasts and liaboities,
including reasonable attomoy's fees,asserted against the Monitoring Agent by reason of its
relationship to the Project and under this Agreement and not involving the Monitoring Agent
acting in bad faith and with gross negligence.
tfl. 1" f, t of Prior Regulatea AgLccmenL This Agreeoww amends and sup ersodes
the Regulatnry Agreement between Meefinghnuse Commons LLB and Salem Five Cents
Savings Bank,dated January 13, 2005(!lie"Old Regertatory Agreontent'l as the funding and
other;bligations under the NEI:Program have been transferred fmm the Salem Five Cents
Savings Rank to StonehamHank-A Co-operative Bank by the Federal Home Loan Hank of
Boston("F14.11W)as evidenced by a letter,dated May 17,2005 to the Bank from the FHLBB.
19. _AmenA-mo its. This Agretwout shall not be amended without written wnwnt of
the Monitoring Agent and Zoning Board of Appeals.
IN WITNF,SS WHEIWOF,the parties to this Agreement have caused this Agreement to
be executed as a seated iaRtnunent as of the date fi►rat above written.
DEVELOPER: BANK:
MEETINGHOUSE COMMONS, LL)C STONERAMBANK- A CO-OPERATIVE
BANK
By:_ By.
as D.Talioruik Janet Spencer
1 , anger Its: Senior Vice President
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Municipality has determined that the acquiring of such affordable housing restriction is in the
public interest. FUrthear,the Resale RestrictiOrw contained in each of tbe Deed Riders which are
to encumbor each of the Affordable Units at the Project pmuant to the requirements of this
Agreement shall also c4uiatitute an affordable housing restriction as that term is defined in G.L.e.
184,§ 31 and as that terns is used in Gy,L, c. 184,§§26,31,32,and 33, subject to the conditions
contained within the Deed Rider for each Affordable Unit. Such Resale Restrictions shell be for
the benefit of the Municipality and the Municipality shall be deemed to he the holder of the
affordable housing restriction created by the Resale Restrictions in o ch of the Deed Riders. The
M inicipality has determined that the acquiring of such affordable housing restriction is in the
public interest. To the extant that the Municipality is the holder of the Resale Restrictions to be
contained in each of the:Deed Riders,the Director of the DHCD by the execution of the
Certificate of Approval attached to and evade a part Of this Agroecmont hereby approves suelt
Resale Restrictions in each of the Decd Riders for the Aft'ortlablo Units of the Project as required
by the provisions of G.L.c. 184, § 32.
16. Rq§22=ibiii of Mtorin Agent. The Monitoring Agent shall not be held
liable for any action taken or omitted undex this Agreement so long as it shall have acted in good
faith and without gross negligence.
17, Wd muhcain. The Developer,for itself arid its sttaccss sand assigns,agrees
to indcrnnify and hold harmless tE�a Monitoring Agent against all d4 mages, costs and liabilities,
including reasonable attorney'&fees,asserted against the Monitoring Agent by reason of its
relaftonship to the Project and under this Agreement and not involving the Vanitorlttg Agent
acting in bad faith and with gross negligence,
l8. Mal of or Rye l ru An. This Agreement amends and supersedes
the Regulatory Agreement betwd0h Meetiughause Commons LLC and Salem rive C:o*nts
Savings Bank,dated January 13,2005 (the"(1ldE Regulatory Agreement")as the funding and
other obligations under the NEF Program have been transferred from the Salem.hive Cents
Savings Bank to StonebatnBank-A Co-operative Bank by tltc lE:ederal 1101hc Loan Bank of
Boston CTHLBB")as evidenced by a letter,dated May 17,2005 to the Bank from tho 1n[LBB.
19, Amen cti . This Agreement shall not be amended without written consent of
the Monitoring Agent and Zoning Board of Appeals.
M WffNESS WHEREOF,the parties to this Agreement hAve caused this Agreement to
be oxecuted as a sealed instrument as of the date first above written,
DEVELOPER: BA�tK:
MEETINGHOUSE COMMONS, I.l1C STONE4AP4$ANK.A CO-OPERATIVE
BANK �
By,
hortti o J et peeicer
anagcr Its, or Vice Pre& dtit
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This Agreement is approved by the Monitoring Agent in accordance with Paragraph 17 above,
MONITORING AGVNIT;
Citizens}lousing and Planning Association
4�y. Aaro Qornstein
Its; Executive Dire,^tot
Co MM09XWEALTII OF MASSACHUSET'.CS
Essex,ss
on this � iday of", 2005, before me, the undersigned notary ptiblie, personalty
appeared Thomas D. Zahoruiko, proved to me through satisfactory evidence of identitleation,
which was t driver's license, r. personally known to me, or !, personally known to P party
witness personally known to me, to be the person whose name is signed on the preceding or
att4chetl document,and acknowledged to me that he signed it voluntarily for its stated purpose as
Manager,for Mc Dose Caom—wpns,LLC,a limited liability coinpany.
Notary Puhlic
l3 JAN o.VAU AN
Cornmonwaa�ry !CaF+�ssachusel�
My COr"misiion Expires
July 7,2011
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OOK 9653 PG 31
CUIvIMOM WEALTH OF MASSACHUSETTS
Middlesex
on this 11 Way of Jae, 2005, before me, the undcraigned notary public;, personally
appeared,Jon, to car,pmved to me through satisfnatory evidefte of identification,which was
['; driver's license, 9 personally known to me, or (i "nally known to Yd party witness
personally known to me, to be the person whose namo is signed on the preceding or attached
document, and acknowledged W me that he signed it voluntarily for its stated purpose as Senior
Vice President, for Stoneh ank-_A Co-ove 'v .
Notary Public
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BK 9653 P6 316
TOWN OF NORTH ANBDVER ZONING BOARD OF APPEALS
We,the undersigned,being the majority of the Zoning.Board of Appeals of the Town of
North Andover,hereby certify that at a meeting held on June 7, 2W5,the Zo ' Hoard of
Appeals voted to become the holder of the forgoing affordable housing restriction for each of the
Affordable Units on behalf of the Town of North Andover for the Meetinghouse Commons
Comprehensive Permit Project pursuant to M.G.L.c.184,sec.32 and as contemplated in
Paragraph 15 of this Regulatory Agreement.
Town of North Andover,
By and thniugh its Zoning Board of
Appeals
By:
By:L 4—!uz
By: A6. �
C&A At. Ltd•' n
BrA-0
,
T1rAgtw Aft, AiI e+ico,,rr
By:
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K 9653 PG 317
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COMM4)NW13ALTH OF MASSACHUSErrS
Esstx'ss
On this 7th day of LM, 2M, before me, the urrdersigncd notary public, personalty
appeared AV& ,2 P tip' i 7'hemus D. df
and i a vY- each as a member of the North Andover
Zoning Board of Appeals, roved to me through satl9factory evidence of identification, which
was LI drivers license, Y'personally knowo to me, or 0 perwatl k to 3'd
Y own party witness i
personally known to nw, to be the persom whose names are aigrrCd on the;preceding or attached
document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as 1
members of the Town of North Andover Zoning Board of Appeals.
Notary Pu tc
JOHN T.�
CO ryaf ouia
23,
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BK 9653 PG 318
FBtT A
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LEGAL DESCRIIMON
The land, with any buiWW thereon, situated in North Andover, sex County,
Mw►sachuscits, and being shown as Lot A and Map Parcaet 104C Lot 28 on a plan entitled "Pin
of Land, Project, Meetinghouse Commons at SmoIak Farms, North Andover, MassachmAws,
MEiF Design Consultants, Inc., Enginecrs-Planners-Surveyors, 103 Solos Road, Saito One,
Salem,New Hampshire: 03079, Scale: l"= 90', Dated: July 20, 200111, which plan, is rc�Orded
with the Essex North District Registry of Deeds as Plan No. 1482$.
For title reference,see deed of Smolak Farms Realty,LLC to the Declarant Haled July 2U,
ed in the ►.sex North District Registry of Deals in pock t3441 at Page 22t), The
2004 record
tam"omtoe,as Hud in this Exhibit A refers to said Smolak Farms Realty, LLC, the grantor in
the deed mentioned in the preceding sentence.
Reference is hereby made to an Easement Agreement by and between the Declarant and
Smolak Farms Realty, LLC dated May 23, 2005 And retarded in the Essex North District
Rt gratty of Vee6 in Book 9528 at Page 234(the"Smolak FWm Faserr ent").The Condominium,
the Land, the Buildings, the Units and the con=on areas and fac;ilit;es shall be permanently
subject to the provisions of the Smolak Farm Esserne nt.
Said Premises are subject to zoning laws of the Town of North Andover, and are subject
to and with the benefit of rights, restri0tions, easements, and agreements of reeora, if any,so far
as are now in f0we and applicable,
The above dMribed Premises are also subject to easermnts far utility and telephone
ed
serviceq granted to any public utility or telephone company.by the Declarant whether heretofore or hereafter, to the extent that the same are now or hereafter in fora and applicable.
The Truatces shall have the right to grant permits,licenses and easements over the comnwn areas
and facilities for utilities and other purposes reasonably necessary or useful for the prpper
maintenance or operation of the condominium prnjoct,
12
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